The Counci t Comm iii or Meet jug was held on February 25, 1992, at 7:07 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Laniber!. Mr. Hare. Mr. Weyandt. Mr. Daisey, Mr. Lynn, Mr. Levitt. Mr. Pitts. Mr. Idlers and Mayor Richter.

AGENDA ADDITTONS,'PftFTTONS

Mr. Weyandt requested that item #8 be added to the Legislative and Finance Committee agenda io set a date to reconsider the Data Processing Proposal. Mr. Lynn requested that. item #9 be added to the Legislative and Finance Committee agenda to consider a donation to the Central Dover Chamber of Commerce. Economic Development Council. Mr. Levitt. requested that item #1. .Annexation Request of Lee F. Slaughter. be deleted from the Utility Committee agenda.

Mr . Weyandt moved for approval of the agendas as amended, seconded by Mr. Salters and unanimous iv carried.

LEGISLATIVE AND FINANCE C O MM I T T E E

The Legislative and Finance Committee net with Chairman Weyandt presiding. .Members present were Councilmen Lynn and Hare and Mr. Leary.

SUGGESTIONS FOR HIRING UNEMPLOYED RESIDENTS - JAMES A. BURCHAM

During their meeting of February I1, 1992. members considered a letter from Mr. James A. Burcham suggesting that the City of Dover imp]ement a program whereby unemployed city residents could work for the City and have wages earned credited to an unpaid utility or tax bi11 in lieu of receiving an actual paycheck. Staff was requested to review the suggestion for a report to the commnittee.

Mr. Worley stated that althouglh Mr. Burcham's suggestion appeared to have some merit. staff felt that the proposal may be in violation of federal and state wage report ing laws and requested an opinion from the City Solicitor.

By the request, of Mr. Weyandt. Mrs. Janice Green. Assistant City Clerk. read that oortion of' the committee action form explaining the Solicitor's opinion, as follows:

"The Cityº Solicitor states 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 el-rim could cost the City a tremendous amount of money. In addition, the City would he liable for any acts committed by 'these, people while employed with the City. The City's potential exposure would be greatly increased."

Mr. Lynn moved to recommend that Mr. Burcham spa-gestion be decline and that the . is ss

concept of hiring unemployed nsuaenl; t part t inc nemployees a as s discussed be referred to staff for further review and a report brick to committee. The motion was seconded by Mr. Hare and uuauimousiy carried.

PROPOSED ORDTXANCE AMENDMENT WEEDS SECTIoN 21-19 OF THE DOVER CODE

As requested by members. dru a ug their meeting of February 11. 1992, the City Solicitor submitted an amendment. In the City's weeds ordinance that would increase Cities for repeal offenses, with the costs becoming liens against the property.

Mr. DePrima noted that the proposed ordinance designates a $$10 fine for a firs! offense and advised members that it would not cover the costs involved. He t●econunemied a S25 fine for a firsi offense. $50 for a second offense, and 51.00 for a third and subsequent offenses.

Mr. Lynn reuunsted clarification of paragraph lb) of the amendment where it. states "every day that a violation of Section 21 17 continues shall be considered a separate offense...". He noted that paragraph (c) indicates that "an offense shall be considered a recurring offense only if the defendant has previously pleaded. or been found guilty of causing or permit ing the same nuisance at the same location". Mr. Lynn questioned if a resident would be in violation and Clued accordingly each day the violation occurs.

Mr. Weyandt suggested that paragraph (c) also he amended by adding "in the same calendar year

Responding to Mr. Salters, Mr. DePrima stated that the Inspectors would use their discretion in those instances where a violation cannot be resolved in reasonable amount of time due to weather conditions.

Mr. Hare moved to recommend that the proposed ordinance be referred back to staff for clarification of paragraph (b) and (c) and P revised fine assessment, seconded by Mr. Lynn and unanimously carried. (NOTE: The ordinance has been revised in accordance with the committee's recommendations Attachment #11.

INCREASED STAFFING AND PERMIT FEES -- INSPECTIONS/PLANNING

Mr. Tony DePrima, City Planner/Inspector. submitted a request for an additional full-time lirspc'ctor and one seasonal (April to September) part -time Inspector to begin April 1, 1992. He explained that the full-time Inspector would he assigned to carry out regaiar inspections of apartments- housing code violations. and increased zoning code enforcement. The seasonal part-time inspector would be assigned to enforce t_he high grass and weeds ordinance. Mr. DePrima presented members with estimated costs for the additional positions, as follows:

FY 1991/92 (3 Months)

FY 1992.'93

Inspector . Full Time

Salary s 5.300 323,500 Fringe :.600 6.660 OF. 500 1.000 Inspector I -- Part Time

Salary 2,900 5.300 Fringe 305 610 OF. 250 500

Total $11,3.55 338,070

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Mr. Hare voiced concern with the seasonal part time inspector. feeling that the present City staff can observe those in violation of the weeds ordinance while en route to other job sites. Mr. Hare also felt that the costs for the addit oaral _nsperkor would not be njustified by the amount of funds collected front those in violation of the ordinance.

Responding, Mr. DePrima advised members that there is a substantial amount of administrative work involved that the current staff is unable to administer since they have other duties.

Feeling that the beautification of the City has always been a high priority, seve"al members relayed their support for a grass and weed enforcement program

Mr. DePrima also submitted a request to increuse the Mnitiple Occupancy and Public Assembly Permit- Fees. Noting that the fees have not been increased in over fifteen years, Mr. DePrima advised members that the fees no longer offset the costs of operating the inspections program. He stated that the City collected $6,340 last fiscal year for the permit fees and that approximately 332.500 would he collected by utilizing the proposed fee schedule. Mr. DePrima explained that 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 lt'vied.

Mr. Leary moved to recommend approval of an additional full--time inspector I in the City's Inspections/Planning Department, to begin April 1. 1992, at a cost of 57,900 for the remainder of FY 199092 and $31,160 for CY 1992!93: and adoption of the proposed increase in .Multiple Occupancy and Public Assembly Permit Fees (Attachment #2). The motion was seconded by Mr. Lynn and carried with Mr. Hare voting no.

Mr. Leary moved to recommend approval of an additional parttime Inspector I in the City's Inspections.'Planning Department, to begin April 1. 1992. at a cost of 53,.155 for FY 1991 /92 and $6,910 for FY 1992;93. The motion was seconded by Mr. Lynn and carried with Mr. Hare voting no.

(NOTE- Upon completing an evaluation of the proposed part IKe inspector 1. the Human Resources Director has determined that a lower Pay level would be appropriate. Staff has revised its recommendation and requests an additional part time lnspector Aid" at an annually salary of 53,551.60. This will reduce the estimated costs for the additional employee to $2031 for FY 199192 and 51.602 for FY 19921921.

(QUARTERLY 0COLLECfISLES R--PORTS

Ambulance ~t list of uncollect.ible ambulance hills. in the amount of 5278,725.55, was submitted for the committee's review. The list represents the third list of nncollectible ambulance bills for FY92.

During their Regular Meeting of November 12, 1991. Council directed staff to investigate the possibility of writing-off all the remaining ambulance hills. As a result. Mr. Worley advised members that the write-off includes all ambulance hills through December 31. 1990, in the :!mount of S272.268.93.

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Mr. Worley stated that a list of 1991 Medicaid and Medicare accounts totalling 56,456.62. for which the City has accepted assignment, is also included in the write -off. He stated that many 1991 ambulance billings continue to he col=.ected: therefore. staff is retaining the accounts on the ambulance recelvrYe. Mr. Worley explained that in January 1993, -:ail accounts remaining will he over a year old and will he presented to Council to be written-off at that time.

Mr. Hare moved to recommend that $273.725.55 in ambulance foes he written off. seconded by Mr- Lynn and unanimously carried.

Electric , 'rut. of mica] lect Pile electric bibs, 1a the amount of 513 a97.1G. was submitted for the committee's review. 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

Noting that several of those being written off have an apartment address. members requested that staff investigate the possibility of final electric hills being, paid from apartment deposits.

Mr. Have moved to recommend that $13.897.16 in electric bills be written off, seconded by Mr. Leary and unanimously carried.

Mr. Weyandt voiced concern with the recent purchase of an envelope "stuffing' machine. He advised members that he obtained the postage costs involved for utilizing envelopes rather than the postcards. Mr. Weyandt stated that with 18,000 electric billings each month and the use of envelopes rather than postcards. there is an additional cost of SI.980 in postage each month. He noted that this estimate did not include water sewer and other billings.

Mr. Worley explained that one- half of those hi :tin s ore currently niai led in envelopes since it is necessary to mail them additional information regarding the delinquency of their account.

Feeling that the City could save approximately $50,000 a year by eliminating the use of envelopes when mailing utility hills. Mr. Weyandt requested the committee's recommendation that staff eliminate the mailing of utility hills in envelopes.

Mr. Hare moved to recommend that the City eliminate the use of envelopes for mailing utility bills. seconded by Mr Lynn.

Mr. Worley explained that as a part of the conservation program. the purchase of the envelope "stuffing" machine was approved in the budget. He also advised members that the City would be giving up the opportunity to provide citizens with additional information. Mr. Worley urged members to delay acting' on the motion to afford staff the opportunity to review the adverse effects it could have relative to the mailing of delinquent hills,

Responding to Mr. Hare, Mrs. Tieman advised members that there is a lot of information sent with delinquent bills and that there is insufficient space for the computer to print this information on each bill.

On a call for the question by Mr. Weyandt. the motion eliminating the use of envelopes for mailing utility hills was unanimously carried.

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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 199192 budget.

General, Water:Wasl.ewater. and Inter-Governmental Funds

Mr. Hare moved to recommend approval of the budget revisions for the General. Water/Wastewater. and Inter-Governmental Service Funds as recommended by staff (Attachment #3), seconded by Mr. Leary and unanimously carried.

Electric Mr. Lynn moved to recommend approval of the budget revisions for the Electric Fund as recommended by staff (Attachment #4). seconded by Mr. Hare and unanimously carried.

CITY MANAGER'S MONTHLY REPOR5T

fhe commit ee re.vrewed various sections of the City Manager's Report for January 1992.

Although water 'sewer bills are liens on property, Mr. Weyandl requested that staff submit an update on outstanding water/sewer hills.

Mr. Have moved to recommend acceptance of the City Manager's Report. seconded by Mr. Leary and unanimously carried.

REVIEW OF PENDING ITEMS

Ordinance Downtown Business License Tax District

During their Regular Meeting of March 11, 1991. Council requested the Central Dover Business Association to meet with members of Council to work towards setting a public hearing on the proposed downtown business license tax district ordinance.

Mr. Worley stated that the Central Dover Business Association will not be considering the proposed ordinance until the Main Street Project is complete. Mayor Richter advised members that the businesses are not in support of the proposed ordinance at this point.

. Conversion of Sinrrlc Fymily Dwel.in_, Qto MuItiple _Occupancy

Stemming from complaints from property owners in certain areas of the City. staff was directed to review the operating procedures relative to the conversion of single-family dwellings into multiple occupancy buildings.

During their Regular Meeting of May 1. 1991, Council enacted a moratorium on conversions of single family residential dwellings into multiple occupancy structures. effective April 23. 1991. and to remain in effect until such time as it is rescinded by Council. This would provide staff the opportunity to review the current procedures and operating policies and to consider alternatives which would address the problems associated with such conversions.

At this time. Mr. DePrima stated that the moratorium should he lifted or an ordinance he adopted that would make conversions a conditional use. Although staff previously recommended an ordinance amendment. Mr. DePrima felt that the

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s .. , can au .:.e e e cu yer;:;ons. He explained that property owners must apply for a Multiple Occupancy Permit for all multiple occupancy structures and assured members that property owners will be required to meet the strict requirements of the zoning ordnance,

Mr. Lynn moved to recommend that Conned iifI the moratorium on conversion of single-family dwellings into multiple occupancy buildings, seconded by Mr. Leary and unanimously carried.

Ordnance Trees

Diu ng their Regular Meeting of October 28. 1991. Council authorized staff to search for sample ordinances that would provide for the replacement of trees that are destroyed due to construction,

Mr. DePrima advised members that once the sample ordinances are received from other municipalities, staff will make it recommendation for the conin.111teo's review.

Centralized Information/Telephone System

no ing their ir Meeting of October 28. 1991, Council direeteal staff to investigate the possibility of establishing a 24 hour centralized phone system. Mr. Worley noted all the changes being made within the City and stated that once, they are final, staff will present a recommendation for the committee';; review.

SCHEDULE DATE To RECONSIDER DATA PROCESSING PROPOSAL

Daring their Regular Meeting of February 21. 1992 Council tabled action on the Data Processing Proposal as submitted by Systems and Computer Technology (SCT). Noting that there were several leesttons regarding the proposal, members felt that a special workshop should be held as soon as possible so that all questions can he answered.

Mr. Weyandt suggested that the proposal be the first item of discussion during "City Council's Goals Workshop" which has been scheduled for February 29, 1992, at 8:00 a.m,

CITY CONTRIBUTION - CENTRAL DELAWARE ECONOMIC DEVELOPMENT COMMITTEE

With the current. ecoaomic and uneniployment situation within the City, Mr. Lynn suggested that members consider providing financial support to the Central Delaware Economic Development Committee. It was his feeling that the City owes it to the citizens of Dover to suppor, such a group. Mr. Lynn recommended a budget amendment to provide funds in the current fiscal year as well as appropriating funds in the 1992,93 budget.

Although several members supported the concept. they did not feel that a budget amendment should he made this year for the program.

Mr. Lynn moved to recommend that staff appropriate funds for the Central Delaware Economic Development Committee in the fiscal year 1992/93 budget. The motion was seconded by Mr. Hare and unanimously carried.

Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried,

Meeting Adjourned at 9:12 P.M.

ATTACHMENT #1

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER. IN COUNCIL MET:

The Dover Code is amended by adding a new section to be designated Sec. 21-19, to read as follows:

Sec. 21-19. Fines.

(a) Any person convicted of a violation of section 21-17 of this Code shall be punished for that violation by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00). Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to section 21-18 (a). All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein.

(b) Every day that a violation of section 21-17 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice.

(c) Any fine assessed pursuant to subsectimi (a -shall be no less than the minimum amount set out in the following schedul~