LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on August 27, 1991, at 7:00 p.m. . with Chairman WeyaDdt presiding. Members present were Councilman Hare and Lynn and Mr. Leary. Other members of Council present were Mr. Levitt, Mr. Daisey. Mr. Salters, Mr. Pitts, Council President Christiansen and Mayor Richter.

AGENDA ADDITIONS/DELETIONS

Mr. Lynn requested a silent moment of meditation for Councilman VanSant who was recently hospitalized.

It was noted that a request from Music Fest to hold a rock concert, which was to be added to the agenda, was withdrawn.

The agenda was approved as submitted.

REQUEST TO WAIVE BUSINESS LICENSE FEE - DELAWARE JAYCEES

Ms. Beverly J. Abbott, St. Jude Program Manager for the State of Delaware, submitted a letter advising members that on September 25, 1991, there will be two appearances of Vidbell 's Old Tyme Circus held in the parking lot of the Blue Hen Mall. The event is sponsored by the Delaware Jaycees and the net proceeds will go to the St. Jude Children's Research Hospital. which provides care, treatment and support for children who are diagnosed with cancer. Although the event is a one time affair, the circus is subject to a $200 City of Dover business license fee. Ms. Abbott requested that City Council waive the fee, explaining that the payment would be that much less for the children of St. Jude.

The City Planner stated that a circus exhibitor is a business and is required to have a business license under City ordinances. In the past, the license fee has been required even when proceeds are for charitable purposes. Mr. Weyandt relayed concern with the concept of setting a precedent for similar non-profit events.

Ms. Beverly Abbott explained to committee members that the hospital funding is derived from charitable organizations and grants; therefore, she has no beginning budget for the circus.

Rather than waive the fee, Mr. Weyandt suggested that the City permit them to pay their fee from their proceeds.

Mr. Leary moved to deny the request to waive the business license fee, but that the organization be permitted to pay the fee after the event, with funds derived from their proceeds. The motion was seconded by Mr. Lynn and unanimously carried.

LANDLORD/TENANT ORDINANCE - SECTION 10-41

As requested by Council President Christiansen, City Solicitor Rodriguez prepared a draft ordinance that would amend Chapter 10 of the Dover Housing Code, by adding a new section to be designated Article III, Section 10-41.

Resulting from recent concerns of residents on Governors Avenue, Council President Christiansen suggested that the City consider adoption of the proposed ordinance, whereby the landlord can be held responsible for the action of their tenants.

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Mr. Weyandt explained the intent of the ordinance, stating that it is not intended to make it more difficult for the landlord but rather will provide for more control over abusive tenants. The City Solicitor suggests that the ordinance become effective January 1, 1992 and would not effect leases signed prior to that date, but would become effective uoon renewal of the lease.

Relaying to the proposed ordinance, Sec 10-41, paragraph (a), Mr. Lynn suggested that the last sentence eiid with the word "unlawful", deleting "and hereby declared to be contrary to public policy". Tn paragraph (b) the intent of the language is confusing and the committee agreed that the Solicitor should revise this section. Relaying to paragraph (d), Mr. Lynn objected to a variable fine, feeling that the fine should be consistent for everyone. Mr. Weyandt stated that he also questioned this, but was informed by the Solicitor that the first offense would the minimum fine of $50, with subsequent offenses requiring higher fines. which would be at the discretion of the presiding judge or magistrate.

Mr. CharlesCarter, Dover Housing Authority, expressed concern with the proposed

ordinance. He supports the coiicept of the ordinance, but questions the legality

of holdinga landlord responsible for the actions of another adult citizen.

Mr. Carter also felt that the law should hold true for a homeowner as well as a landlord. Mr. Carter reminded members of Council that the federal government has stringent requirements for eviction.

Mr. Hare questioned the wording in paragraph (b) that refers to "any renter who is convicted more than one time of violating the City noise or disorderly conduct ordinance", questioning if there is any designated period of time between tickets or if the offense lasts forever. It was generally agreed that a time Deriod for the number of offenseS Dermitted prior to termination of the lease should be stipulated in the ordinance. Mr. Lynn and Mayor Richter suggested that the offenses should be "on the Dremises" in order to violate the ordinance. Mayor Richter also suggested more definitive methods of notification to the property owner.

Mr. Michael McGinnis, manager of rental properties on S. Governors Avenue, questioned the time limitation on eviction. Mr. Weyandt explained that the landlord must begin eviction procedures within the designated time period, stating that it would be impossible to evict a tenant in such a short period of time. Mr. McGinnis favored the concept of making the landlord responsible, feeling that it will make a landlord more selective of their tenants.

Mrs. Dorothy Johnson, property manager, explained that eviction procedures take a very long time for completion. Once a tenant has been notified of eviction. they have a considerable amount of time to destroy the property before the cotirts approve eviction. Questioning how many fines the landlord could be issued for violations of the tenant, Mr. Weyandt explained that the landlord would be fined each day that the violation is allowed to continue. He further explained: however, that the landlord would be fined only if eviction procedures are not initiated within seven days.

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Ms. Jean Francis of Governors Avenue stated that a landlord is in business and should be responsible for his Droduct, which is his tenant. She voiced concern with 'khe time franie involved in eviction procedures, although she was informed that the City of Dover has no jurisdiction over this law.

Mr. Dick Wright voiced his feeling that property owners are being required to become police officers. He suggested that the City work to help property owners with this problem, not to hinder them with excessive fines.

Mr. Lynn moved that staff review the commeiits and stiggestions made during the meeting for oossible revisions to the orditiance and that the amended ordinance be submitted for ftirther review by the committee. The motion was seconded by Mr. Hare and unanimously carried.

Ambulance

A list of uncollectible ambulance bills for the first qtiarter of FY92, in the amotint of $75,660.31, was submitted for the committee's review. The write-offs are due to a clean-up effort in the Ambulance Billing Office that began in the Fall of 1990.

From December 1990 through February 1991, staff sent $382,862.50 to Kent Systems for collectioii. Since February 1991. Kent Systems has collected $26.388.71. The $75,660.31 represents accotints, listed from 1986--1990, that have been returned to the City from Kent Systems as uncollectible. Kent Systems is continuing to work on researching the remaining bills totalling approximately $280,813.48.

Mr. Worley advised members that these write-offs do not include those Medicaid accounts for which we have accepted assignment. Medicaid assignments will be written-off with the next quarterly write-off in October 1991.

Mr. Lynn moved to recommend that $75,660.31 in uncollectible ambulance bills be written off, seconded by Mr. Hare and unanimously carried.

Electric

A list of uncolleetible electric bills for the first quarter of FY92, totalling $19,135.07. was submitted for the committee's review. The list begins the first 11 normal" quarterly write-off since the clean-up effort began approximately two years ago. The list consisted of those accounts from Janiiary 1990 through March 1990, which have shown no collection activity for a period of one year or longer. Staff has screened the list to insure that no one listed is currently in the City's utility customer base. Although the bills are written off, collection attempts are continued.

Mr. Lynn moved to recommend that $19,135.07 in uncollectible electric fees be written off, seconded by Mr. Leary and unanimously carried.

AS

A ive January 11 1991, governs the proper disposal of

demolished homes containing asbestos shingles. Mr. Weyandt moved that the City Planner investigate how the new asbestos law will affect the City of Dover in relation to increased demol i tion exDenses. The motion was seconded by Mr. Lynn and unanimously carried.

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REVIEW OF CITY MANAGER'S REPORT

The committee reviewed the various sections of the City Manager's Report for the month of July. Mr. Worley requested that the committee schedule two workshops to discuss goals set by Council during their past retreat and to discuss the upcoming bond issue.

The committee directed staff to set the dates for the special workshops. City staff has scheduled the following workshops:

September 12, 1991 Bond Issue

October 17, 1991 Organi7ational Chart

Mission of City Council

November 14, 1991 InformationAvailable to Council

Intergovernmental Relations

Mr. Lynn moved from adjournment, seconded by Mr. Leary and unanimously carried.

Meeting Adjourned at 8:35 P.M.

Respectfully submitted,

Francis R. Weyandt

Chairman

FRW/DJB/jg