REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 9, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and Hare. Councilman Lambert was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lynn moved for the addition of item #2A to consider appointments by Mayor Richter, seconded by Mr. Lynn and unanimously carried. Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 24, 1992
The Minutes of the Regular Council Meeting of February 24, 1992 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Salters and bore the written approval of Mayor Richter.
RESOLUTION - 1991 OFFICER OF THE YEAR
By motion of Mr. Lynn, seconded by Mr. Hare, Council unanimously adopted the following Resolution:
WHEREAS, Patrolman Robert A. Scott was employed as a Dover Police Officer on May 15, 1989 and is currently assigned to the Traffic Unit, Tactical Patrol Section; and
WHEREAS, Patrolman Scott was selected as Officer of the Quarter of the Dover Police Department for the first and fourth quarters of 1991, based upon his professional and aggressive efforts in numerous drug, robbery, DUI, and stolen vehicle investigations; and
WHEREAS, in January 1992, Patrolman Robert Scott was selected as "Officer of the Year for 1991 of the Dover Police Department" in recognition of his outstanding work and accomplishment of his duties as a police officer; and
WHEREAS, Patrolman Robert Scott has worked diligently to improve the quality of life for our citizens and has set an example for others as an exemplary member of the Dover Police Department.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council offer their congratulations to Patrolman Robert Scott for his accomplishments and their sincere appreciation for his contribution to the citizens of Dover.
ADOPTED: March 9, 1992
Mayor Richter, Chief Hutchison and members of Council offered their congratulations to Robert Scott on his achievement and his commitment to the City of Dover.
APPOINTMENTS - PLANNING COMMISSION
Mayor Richter requested Council confirmation on the following three year reappointments to the City of Dover Planning Commission, to expire February 28, 1995:
1. Mr. Clarence Hicks - 4th District
934 Forest Avenue
2. Mr. Fred Frear - At-large
14 Chatham Court
Mr. Lynn moved for acceptance of the Planning Commission appointments as submitted by Mayor Richter. The motion was seconded by Mr. Daisey and unanimously carried.
APPOINTMENTS - DOVER ARTS COUNCIL
Mayor Richter submitted the following three year appointments to the Dover Arts Council, to expire February 1995:
Reappointments
1. Ms. Ginger Angstadt
617 Fairview Drive
2. Ms. Susan Salkin
15 Maple Lane
New Appointments
1. Mr. H. Earl Abbott (Replaces Winifred Mroz)
RD 3 Box 18
Wyoming, DE
2. Mr. Donald Kinsley (Replaces Paula Shulak)
40 S. Bradford Street
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 1230 FORREST AVENUE - RBJ, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1230 Forrest Avenue, owned by RBJ, Inc.
Planner's Review
The property was annexed into the City on August 13, 1991 and was zoned RG-2 (General Residence) upon annexation, in accordance with the land use recommendation of Medium Density Residential reflected on the 1986 Comprehensive Plan. As a result, the existing Dunkin' Donuts Store was non-conforming upon annexation. The rear portion (lot #30) is currently vacant. The Dunkin Donut Shop will remain upon rezoning, but the rear portion will be used for a one story office building.
Existing zoning and land uses in the area include to the south and adjacent to the subject property, a vast area of RG-2 (General Residence) District zoning which comprises the Woodmill community residential development. West of the subject property is a parcel of land zoned R-S (Single-Family Residential) in Kent County which is occupied by a single family dwelling. Further west and fronting on Route 8 are several commercial properties. To the north, across Route 8, is a vacant tract of land zoned C-PO (Commercial/Professional Office) and land zoned R-GO (General Residence & Office) which is the site of Old Oak Condominiums, a multi-family residential complex. To the east and adjacent to the subject property is a tract of land zoned R-S (Single-Family Residence) and B-G (General Business) in Kent County.
The Comprehensive Plan, as recently amended by the Corridor Study Land Use Map, recommends that this area be utilized for Commercial purposes.
The Planning Commission recommended approval of the rezoning request.
Mr. Weyandt questioned the need for rezoning when the property was zoned upon its annexation on August 13, 1991. Responding, Mr. DePrima explained that the property was zoned in accordance with the Comprehensive Plan in effect at that time. The Comprehensive Plan has been amended in accordance with the Route #8 Corridor Study Land Use Map. Mr. Levitt reminded Council of the unusual circumstances associated with annexation of this property, stating that the Donut Shop was constructed prior to its annexation and Council took action to zone the parcel in accordance with the Comprehensive Plan in effect at that time, as a non-conforming use.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Phil McGinnis of McGinnis Commercial Real Estate Company and representing the owners of the property, spoke in favor of the rezoning request. Mr. McGinnis reiterated that the property was annexed with a residential zoning in order to comply with the recommendations of the Comprehensive Plan in effect in August 1991.
Council President Christiansen declared the hearing closed.
Mr. Lynn moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Daisey and by a unanimous roll call vote (Mr. Lambert absent), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1230 FORREST AVENUE (LOT #48, #49, AND #30)
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-2 to C2-A and C-PO.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-2 to C2-A and CP-O on that property located at 1230 Forrest Avenue (Lot #48, #49, and #30), owned by RBJ, Inc.
ADOPTED: March 9, 1992
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on February 25, 1992 with Chairman Weyandt presiding.
Suggestions for Hiring Unemployed Residents - James A. Burcham
Members considered a letter from Mr. James A. Burcham suggesting that the City of Dover implement a program whereby unemployed city residents could work for the City and have wages earned credited to an unpaid utility or tax bill in lieu of receiving an actual paycheck. Although Mr. Burcham's suggestion appears to have merit, staff felt that the proposal may be in violation of federal and state wage reporting laws and requested an opinion from the City Solicitor.
The Solicitor issued the following opinion:
"There are a multitude of problems with the suggestion. The City would be required to formally hire these people in order to comply with federal and state regulations pertaining to income reporting and tax withholding. Also, these people, as city employees, could be covered by worker's compensation which is statutorily mandated by the State of Delaware. Even though the probability of an on-the-job injury may appear to be relatively low, one claim could cost the City a tremendous amount of money. In addition, the City would be liable for any acts committed by these people while employed with the City. The City's potential exposure would be greatly increased."
Based on the Solicitor's opinion, the committee recommended that Mr. Burcham's suggestion be respectfully declined, but that the concept of hiring unemployed residents as part-time employees be reviewed by staff for a report to the committee.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried. Questioned by Mr. Hare, Mr. Worley stated that a report will be submitted at the Legislative and Finance Committee meeting of March 24, 1992.
Proposed Ordinance Amendment - Weeds - Section 21-19 of the Dover Code
The committee considered a proposed amendment to the City's weeds ordinance that would increase fines for repeat offenses, with the costs becoming liens against the property. After review and minor changes to the amendment, the committee recommended its approval.
Mr. Weyandt moved for approval of the proposed amendment, seconded by Mr. Daisey and unanimously carried. The first reading of the proposed amendment will take place in the latter part of this meeting.
Increased Staffing and Permit Fees - Inspections/Planning
Mr. Tony DePrima, City Planner/Inspector, submitted a request for an additional full-time Inspector and one seasonal (April to September) part-time Inspector to begin April 1, 1992. He explained that the full-time Inspector would be assigned to carry out regular inspections of apartments, housing code violations, and increased zoning code enforcement. The seasonal part-time inspector would be assigned to enforce the high grass and weeds ordinance.
Mr. DePrima also submitted a request to increase the Multiple Occupancy and Public Assembly Permit Fees. Noting that the fees have not been increased in over 15 years, Mr. DePrima advised that the fees no longer offset the costs of operating the inspections program. The City collected $6,340 last fiscal year for the permit fees and approximately $32,500 would be collected by utilizing the proposed fee schedule. The estimate does not include those fees that would be collected from the new inspector discovering unregistered multiple occupancy buildings or increased revenue from additional fines being levied.
The committee recommended approval of an additional full-time Inspector I in the City's Inspections/Planning Department, to begin April 1, 1992, at a cost of $7,900 for the remainder of FY 1991/92 and $31,160 for FY 1992/93; and adoption of the proposed increase in Multiple Occupancy and Public Assembly Permit Fees. The committee also recommended approval of an additional part-time Inspector I in the City's Inspections/Planning Department, to begin April 1, 1992, at a cost of $3,455 for FY 1991/92 and $6,910 for FY 1992/93.
Since the date of the committee meeting, the Planner has determined that a lower pay level would be appropriate for the part-time Inspector (Inspector Aid) at a pay grade level 7-E ($6.83 per hour). The estimated annual salary for the six month part-time employee is $3,551.60.
Mr. Weyandt moved for approval of the hiring of a full-time Inspector I, at a pay grade level 17-E, effective April 1, 1992, at a cost of $7,900 for the remainder of FY 1991/92 and $31,160 for FY 1992/93. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Lambert absent). Mr. Hare requested a monthly update on the revenue and costs related to the new Inspector.
Mr. Weyandt moved for approval of the hiring of a six month part-time Inspector Aid, at a pay grade level 7-E, at a cost of $2,331 for FY 1991/92 and $4,662 for FY 1992/93, with the determination of the six month period to be left to the discretion of the City Planner/Inspector. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote (Mr. Lambert absent). Mr. Hare requested a monthly update on the revenue and costs related to the new Inspector Aid.
Mr. Weyandt moved for approval of the proposed amendments to Chapter 10 of the Dover Code (Housing Code) to increase permit fees for the operation of Lodging Houses, Multiple Dwelling Structures, and Public Assembly Structures. The motion was seconded by Mr. Lynn and unanimously carried. The First Reading of the proposed ordinance amendments will take place during the latter part of this meeting.
Quarterly Uncollectibles Report - Ambulance
A list of uncollectible ambulance bills, in the amount of $278,725.55, was submitted for the committee's review. The list represents the third list of uncollectible ambulance bills for FY92.
Council had previously directed staff to investigate the possibility of writing-off all the remaining ambulance bills. As a result, the write-off includes all ambulance bills through December 31, 1990, in the amount of $272,268.93.
A list of 1991 Medicaid and Medicare accounts totalling $6,456.62, for which the City has accepted assignment, is also included in the write-off. Many 1991 ambulance billings continue to be collected; therefore, staff is retaining the accounts on the ambulance receivable. In January 1993, all accounts remaining will be over a year old and will be presented to Council to be written-off at that time.
The committee recommended that $278,725.55 in ambulance fees be written off.
Mr. Weyandt moved for approval of the committee's recommendation that $278,725.55 in uncollected ambulance fees be written off. The motion was seconded by Mr. Lynn and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen), with Mr. Lambert absent.
Mr. Weyandt moved that lists of delinquent bills be retyped in all capital letters and double spaced, and that the lists be publicly posted in appropriate places. The motion was seconded by Mr. Hare.
The City has agreed to assignment on bills covered by Medicare, and the remainder of the bill is written off. Mr. Worley felt it would be unfair to Medicare recipients to have their names publicly posted for a delinquent account. It was agreed that these types of accounts should be eliminated from the lists prior to posting. Members of Council brought up other situations that may require exception and it was agreed that there were too many unanswered questions for immediate action.
Mr. Lynn moved that the motion be tabled for review by City staff. The motion was seconded by Mr. Hare and unanimously carried.
Quarterly Uncollectibles Report - Electric
A list of uncollectible electric bills, in the amount of $13,897.16, was reviewed by the committee. The list consisted of those accounts from July 1990 through September 1990 which have shown no collection activity for a period of one year or longer.
The committee recommended that $13,897.16 in electric bills be written off.
Mr. Weyandt moved for approval of the committee's recommendation to write-off uncollectible electric bills totaling $13,897.16. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt moved that the City initiate a policy that in order to receive City utilities a customer must submit to the City their telephone number and social security number, as well as the same information for their spouse. The motion was seconded by Mr. Daisey and unanimously carried.
Referring to a new policy of mailing all utility bills in an envelope rather than utilizing a postcard, Mr. Weyandt stated that there is significant increased costs relative to postage. Although there are increased costs, Mr. Worley explained that delinquent bills were always sent in envelopes and by mailing all bills in envelopes the City will be able to add stuffers that contain vital customer information.
Mr. Weyandt moved that the City eliminate the use of envelopes for the mailing of normal utility bills, stipulating that the term "normal" be left to the discretion of the City Manager. The motion was seconded by Mr. Hare and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Salters) with Mr. Lambert absent.
Mid-Year Budget Amendments
Due to Council approved projects that were not budgeted, incorrectly appropriated money, and carry forward projects, staff submitted budget revisions that affect the 1991/92 budget.
General, Water/Wastewater, and Inter-Governmental Funds
The committee recommended approval of the budget revisions for the General, Water/Wastewater, and Inter-Governmental Service Funds as follows:
CITY OF DOVER
GENERAL, WATER/WASTEWATER AND INTERNAL SERVICE FUNDS
BUDGET AMENDMENTS
SUMMARY OF CHANGES IN "TOTAL"
RECEIPTS/
REVENUES ORIGINAL REVISED
FUND BUDGET ITEM/DEPT. BUDGET BUDGET
GENERAL FUND RECEIPTS BEGINNING BAL. $182,086 $ 218,642
WATER/WASTEWATER REVENUE WATER FEES 2,431,386 2,446,386
WATER/WASTEWATER REVENUE SEWER FEES 1,473,606 1,488,052
GENERAL FUND BUDGET INSPECTIONS 336,062 345,172
GENERAL FUND BUDGET FIRE MARSHAL 43,571 44,037
GENERAL FUND BUDGET PLANNING 12,010 20,270
GENERAL FUND BUDGET POLICE 4,484,012 4,490,112
GENERAL FUND BUDGET SANITATION 1,229,473 1,223,693
INTERNAL SERV. BUDGET STREETS 551,020 559,520
WATER/WASTEWATER BUDGET WATER 887,576 884,856
INTERNAL SERV. BUDGET PW ENGINEERING 268,075 310,141
TOTAL SOURCES OF FUNDS $74,502
TOTAL USES OF FUNDS $74,502
Mr. Weyandt moved for approval of the above budget revisions, seconded by Mr. Hare and carried by a unanimous roll call vote (Mr. Lambert absent).
Electric
Mr. Lynn moved to recommend approval of the budget revisions for the Electric Fund as follows:
CITY OF DOVER
ELECTRIC REVENUE FUND
BUDGET AMENDMENTS
SUMMARY OF CHANGES IN "TOTALS"
REVENUES ORIGINAL REVISED
FUND BUDGET ITEM/DEPT. BUDGET BUDGET
ELECT. REVENUE REVENUE BEGINNING BAL. $246,902 $ 13,262
REVENUE BASE SALE TO 20,079,648 17,353,273
CUSTOMERS
REVENUE BASE SALES PJM 1,093,497 516,086
REVENUE BASE SALES TO -0- 32,000
GENERAL FOODS
REVENUE INTEREST EARNINGS 213,320 -0-
REVENUE BASE SALES TO -0- 360,000
DEMEC
BUDGET PRODUCTION 4,985,448 5,488,331
BUDGET TRANSMISSION/ 1,322,592 1,428,874
DISTRIBUTION
BUDGET ELECT. ENGIN. 1,115,389 1,204,453
BUDGET ADMINISTRATION 361,104 429,254
BUDGET METERING 389,563 417,413
BUDGET PROD. ENGINEERING 394,260 270,144
BUDGET TRANSFER TO 2,500,000 -0-
IMPROVEMENT
BUDGET TRANSFER TO 1,000,000 -0-
DEPRECIATION RESERVE
BUDGET TRANSFER TO 300,000 -0-
CAPACITY RESERVE
EFFECT ON TOTAL BUDGET
ITEM TOTAL REVENUES TOTAL BUDGET
CURRENTLY APPROVED ESTIMATES $43,539,771 $42,336,863
AMENDMENTS - INCREASES +392,000 +291,346
AMENDMENTS - DECREASES -3,750,746 -3,924,116
REVISED TOTAL ESTIMATES $40,181,025 $38,704,093
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CITY OF DOVER
IMPROVEMENT AND EXTENSION FUND
BUDGET AMENDMENTS
SUMMARY OF CHANGES IN "TOTAL"
REVENUES ORIGINAL REVISED
FUND BUDGET ITEM/DEPT. BUDGET BUDGET
IMPROVEMENT AND REVENUE BEGINNING BAL. $1,957,384 $1,623,524
EXTENSION FUND
REVENUE RECEIPTS FROM 720,000 5,470,213
DEPRECIATION RESERVE
REVENUE TRANSFER FROM 2,500,000 -0- ELECTRIC REVENUE FUND
BUDGET PRODUCTION 1,848,860 4,306,516
BUDGET TRANSMISSION 1,225,350 729,976
BUDGET ELECTRICAL 1,911,500