LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on January 29, 1991 at 7:00 p.m. with Chairman Weyandt presiding. Members present were Councilmen Lynn and Hall and Mr. Leary. Other members of Council present were Mayor Richter, Council President Christiansen, Mr. Salters, Mr. Daisey, and Mr. Levitt.

AGENDA ADDITIONS/DELETIONS

Mr.Lynn requested that item #10, Dowtown Business License Tax District, be considered last, and requested the addition of an executive session for personnel matters.

Mr. Hall moved to approve the agenda as amended, seconded by Mr. Leary and unanimously carried.

COMPREHENSIVE ANNUAL FINANCIAL REPORT - 1989-90

The City's Annual Financial Report for fiscal year 1990 was prepared and published by the Finance Department and is audited by the independent certified public accounting firm of Faw Casson & Company.

The Comprehensive Annual Financial Report for fiscal year ended June 30, 1990, was submitted by Mike Karia, Finance Director/Treasurer. Ms. Janis Nesterak of Faw Casson and Company explained that the report shows the City's financial controls and procedures to be in very good order.

Responding to Mr. Weyandt, Ms. Nesterak stated that it would be necessary for her firm to have a general knowledge of the new computer system to determine if those reports generated by the computer system could be utilized in the audit.

Mr. Weyandt suggested that the auditors be included in the computer conferences regarding the new computer system, in order for their concerns to be considered.

Mr. Lynn moved to recommend that Council adopt the Comprehensive Annual Financial Report for the year ended June 30, 1990, seconded by Mr. Hall and unanimously carried.

PROPOSED SMOKING ORDINANCE

During the past several months, the committee has discussed a "no-smoking" ordinance. It was recommended that the ordinance be modelled after the Wilmington ordinance which would expand the no-smoking restriction for existing restaurants to all other business in the City of Dover.

Mr. Daisey reported that a meeting was held with the Chamber of Commerce. As indicated in their letter of January 4, 1991, the Board of Directors voted against such an ordinance "due to excessive government regulation." It is the Board's feeling that due to public awareness of the harmful effects of smoking, changes in public places will take place over a period of time.

Mr. James Gray, spokesman for the Restaurant Association, advised members that it was the general consensus of his association that they would support passage of the ordinance as it is currently written.

As a concerned citizen, Dr. Howard Rowe stated his full support of the proposed ordinance. In reviewing the ordinance as a draft, he suggested that the committee consider the following revisions:

Section 1(a)(4) - the addition of diagnostic facilities.

Section 1(a)(6) - the addition of ambulance and/or paramedic vehicles.

Section 1(a)(9) - should include day care centers, nursing homes, rest homes, retirement homes.

Section 1(a)(10) - should include small "carry out" food restaurants.

Section 2(a)(8) - questioned why smoking would be permitted in small retail stores.

Section 3(c) - the term "effectively" should be replaced with a standard term that could be referenced.

Mr. Peter Anderson, Director of the Chronic Disease Branch, State of Delaware, Division of Public Health, advised members that a telephone survey of 300 citizens of Dover was conducted, with the following results:

65% aware of ordinance

78% support smoking restrictions in public places

18% smoke

Mr. Anderson stated that of those citizens that are smokers, 49% support the proposed restrictions. He explained that although the majority of smokers do not care; therefore, a smoking regulations that are necessary to protect the public, such as speed limits for reckless drivers, and recommended passage of the ordinance.

Mrs. Wilma Christian stated her support for a non-smoking policy in public places, explaining that she is concerned with recreational family facilities. Mrs. Christian stated that she recently took her eight yera old son bowling and found a tremendous amount of smoke in the air. It was her feeling that our children should have a chance for good clean air and requested that consideration also be given to recreational family facilities.

Mr. Weyandt expressed hes concern with the smoke generated from the airplanes from the Air Force Base. It was his feelin that this smoke is more dangerous to our population than cigarette smoke. He also relayed his concern with the smoke discharged from Kent General Hospital's chimney. Mr. Weyandt felt that if the public wants clean air, only one segment of the industry cannot be burdened. He suggested that if the issue of clian air is addressed, all those guilty should be regulated.

Mr. Hall reiterated his opposition to the proposed ordinance, stating that he has a pervading concern with "over legislation". He explained that every time legislation of this nature is passed, we are eliminating one more freedom that we constitutionally have as Americans. Rather that legislation, Mr. Hall suggested that information be provided to citizens that would result in behavior modification.

As an employer, Mr. Leary stated that he feels that it is hes responsibility to provide his employees with a healthy environment. Although he understands the request for the proposed ordinance, it is his feeling that it is unweildy as it is currently structured. He suggested that the proposed ordinance be simplified for further consideration.

Mr. Daisey advised members that the proposed ordinance is currently utilized in several states and has proven successful.

Responding to Mr. Salters, Mr. Worley explained that if revisions are made to the proposed ordinance, it would be necessary to allow the Restraunt Association to review the revisions.

Prior to implementing Dr. Rowe's proposed revisions, Mr. Gray suggested that a public hearing be held to obtain all input for potential amendments.

Mr. Leary moved to table action on the proposed ordinance and that a public hearing be held one hour prior to the next Legislative and Finance Committee Meeting (February 26, 1991 at 6:00 p.m.) in the Council Chambers of City Hall. The motion was seconded by Mr. Lynn and carried with Mr. Hall voting no.

KENT COUNTY TOURISM - REQUEST FOR FUNDS

The committee considered a letter from the Kent County Tourism Corporation requesting that the City become a permanent vital part of the tourism effort in Kent County.

Mr. Steve Grossman, President of the Kent County Tourism Corporation, stated that their objectives are to promote business and community growth and development by increasing the number of visitors to Dover and Kent County. He advised members that the Tourism Corporation currently operates a Visitor Information Center on Route 13, south of Smyrna. Once the Smyrna Rest Stop is rebuilt and becomes accessible to those travelling both north and south, they intend to move their Visitor Information operation into the new building at the Smyrna Rest Stop in a cooperative venture with DELDOT. This center will be staffed everyday and will have the potential of reaching huge numbers of visitors to the area.

Mr. Grossman stated that the Corporation is currently operating on a $88,500 annual budget with the majority of the funds generated by Kent County's share of the "room occupancy tax". He provided members of the committee with their program of work and budget for fiscal year 1991. In order to staff and operate the new facility, the Tourism Corporation requested that the City of Dover support their effort annually in the budget and requested that a donation in the amount of $10,000 be considered for fiscal year 1992.

Mr. Lynn moved to table action for review in the 1991/92 budget, seconded by Mr. Leary and unanimously carried.

FISCAL YEAR 1991 COMMUNITY DEVELOPMENT APPLICATION SCHEDULE

The State of Delaware, Development Office/Division of Housing and Community Development, notified the City of Dover of the availability of Community Development Block Grant (CDBG) funds for FY 1991. In accordance with the notice, the deadline for submitting a completed application is March 31, 1991.

Mr. Worley explained that the funds, made available through the U.S. Department of Housing and Urban Development, may be used for a number of eligible activities designed to induce community development and revitalization. If it is the intent of the City to participate in this year's program, staff recommended that the proposed schedule be used as a guide in preparing the application.

Responding to Mr. Weyandt, Mr. Worley explained that it would be difficult for the City to obtain funds for non-housing projects.

Mr. Hall moved to recommend tha staff be permitted to use the proposed guide as a schedule for fiscal year 1991 Community Development Block Grant application (Attachment #1), seconded by Mr. Lynn and unanimously carried.

PROPOSAL - KENT COUNTY BOARD OF ASSESSMENT

A letter was received from the Kent County Board of Assessment, requesting the City's views on the possibility of Kent County Levy Court absorbing the City of Dover and/or other municipality assessment departments.

Mr. Hall moved to acknowledge receipt of the letter, seconded by Mr. Lynn and unanimously carried.

QUARTERLY UNCOLLECTIBLES REPORT

Ambulance

A list of uncollectible ambulance bills for the third quarter of FY91, in the amount of $11,721.41, was submitted for the committee's review. The write-offs are due to accepting assignment for Medicaid patients, Medicaid denials, and those that are deceased with no estate.

Mr. Lynn moved to recomment that $11,721.41 in ambulance fees be written off, seconded by Mr. Hall and unanimously carried.

Electric

A list of uncollectible electric bills, totalling $46,365,30, for the third quarter of FY91, was submitted for the committee's review. The list consists of those accounts which have shown no collection activity for a period of one year or longer. Although the bills are written off, collection attempts are continued.

Mr. Lynn moved to recommend that $46,356.30 in electric fees be written off, seconded by Mr. Hall and unanimously carried.

ARCHEOLOGY RESOURCE RECOVERY AND RECORDING POLICY

In an effort to give greater consideration to archaeological resources in the planning process of development, the Planning Commission is requesting that City Council adopt a policy that would require a developer to enter into a Cooperative Agreement with the State Bureau of Archaeology and Historic Preservation, when a Site Development Plan involves disturbance of an area that has been determined to have a relatively good potential for yielding archaeological resources.

During their meeting of November 17, 1990, the Planning Commission recommended that a policy be adopted by City Council, as follows:

Require that the developer enter into a Cooperative Agreement with the State Bureau of Archaeology and Historic Preservation. When the Bureau reports, in writing, through the Development Advisory Committee that a Site Development Plan involves disturbance of an area that has been determined to have relatively good potential for yeilding archaeological resources, the Planning Commission would require, as a condition of approval, that the developer enter into an agreement with the Bureau which affords that agency an opportunity to record and recover any artifacts it deems to be significant.

Written confirmation from the Bureau which states that the developer has entered into the cooperative agreement would be required prior to any land disturbing activity on the site. This agreement would not result in any financial obligation on the part of the developer with regard to archaeological resource reveiw and/or recovery.

The Commission also recommended that a historic and archaeologic resources component be included as part of the next Comprehensive Plan Update. This plan would include a survey of all known archaeological resource areas as well as those sites which have a potential for yeilding significant artifacts.

Mr. Cregar advised members that the Division of Historical and Cultural Affairs and Friends of Old Dover, Inc. have reviewed, and agree to, the proposed policy.

Mr. Lynn moved to recommend endorsement of the Cooperative Agreement concept as a method to ensure that archaeological resources are taken into consideration, reviewed and recorded by the appropriate authority as part of the site development process. He further moved that a historic and archaeologic resources component be included as part of the next Comprehensive Plan Update. The motions were seconded by Mr. Hall and unanimously carried.

LAND SUBDIVISION REGULATION REVISIONS

The committee considered several amendments to the City's Land Subdivision Regulations as recommended by the Planning Commission. Mr. Cregar stated that the amendments are a result of the combined efforts of City staff to clarify the language used in specific sections of the Land Subdivision Regulations. These amendments will bring the sections up to date with current operating policies and will establish criteria to allow the City to be proactive in regards to moving developers forward in completing and dedicating required improvements in subdivisions.

The committee's recommendations on the proposed amendments are as follows:

Article III (Definitions), Paragraph J

Mr. Lynn moved to recommend approval of the amendment to Article III, Paragraph J, as recommended by staff (Attachment #2). The motion was seconded by Mr. Hall and unanimously carried.

Article IV, Section C, Paragraph 5

Noting that the proposed amendment would require at least 75% of the lots within the subdivision to be developed, Mr. Cregar explained that some developers choose to sell portions of the subdivision. Mr. Lynn suggested that "or property transfers" be included in the amendment.

The committee recommended no action to Article IV, Section 5 (Attachment #3) at this time.

Article IV, Section C, Paragraph 9, Subsection (a)

Mr. Lynn moved to recommend approval of the amendment to Article IV, Section C, Paragraph 9, Subsection (a) (Attachment #4). The motion was seconded by Mr. Leary and unanimously carried.

Article IV, Section C, Paragraph 9, Subsection (a), Item (2), Subsection C

Mr. Lynn moved to recommend approval of the amendment to Article IV, Section C, Paragraph 9.a.(2)c (Attachment #5). The motion was seconded by Mr. Hall and unanimously carried.

Article IV, Section C, Paragraph 9, Subsection (a), Item (2), Subsection D

Mr. Lynn moved to recommend approval of the amendment to Article IV, Section D, Paragraph 9.a,(2)d (Attachment #6). The motion was seconded by Mr. Hall and unanimously carried.

Article IV, Section C, Paragraph 9, Subsection (a), Item(6)

Mr. Hall moved to recommend approval of the amendment to Article IV, Section C, Paragraph 9, Subsection (a) (Attachment #7). The motion was seconded by Mr. Leary and unanimously carried.

Article IV, Section C, Paragraph 9, Subsection (c)

Mr. Lynn moved to recommend approval of the amendment to Article IV, Section C, Paragraph 9, Subsection (c) (Attachment #8). The motion was seconded by Mr. Hall and unanimously carried.

Article IV, Section C

It was the consensus of the committee members that the $1.00 fee would be increased to $5.00.

Mr. Leary moved to recommend approval of the amendment to Article IV, Section C, with the recommended revision (Attachment #9). The motion was seconded by Mr. Hall and unanimously carried.

SPACE NEEDS STUDY - APPROVAL OF CONTRACT

In conjunction with the proposed expansions of City Hall, the Police Station and the Warehouse, it was, it was proposed to conduct a Space Planning Study to determine the space and parking needs through the year 2015 for each of the three buildings.

Twenty-one (21) proposals were received and reviewed by a representative from each department in the affected buildings and eight (8) firms were selected to be interviewed. Based on the proposals and the interviews, Cornerstone Partners of Wilmington, Delaware were chosen to begin negotiations.

Staff recommended approval of the proposed contract, as follows:

1. Base study with two alternatives studied in depth

       and one formal presentation $28,600

2. Conceptual floor plans of preferred alternative 2,500

3. Evaluation of two additional alternatives including

        cost and phasing 1,600

4. Preliminary structural evaluation 2,300

5. Mechanical systems evaluation 8,600

    TOTAL $43,600

                                                                          =======

Responding to Mr. Weyandt, Mr. Jay Cooperson, of Cornerstone Partners, stated that the project would take three to four months to complete.

Mr. Lynn moved to recommend approval of staff's recommendation, stipulating that a completion date of three to four months be included in the contract. The motion was seconded by Mr. Hall and unanimously carried.

BUDGET REVISIONS

As a result of Council approved projects that were not budgeted, incorrectly appropriated money, carry forward projects from previous fiscal year budgets, etc., Staff presented members with a list of recommended changes and revisions that affect the 1990/91 budget, as follows:

WATER

   GENERAL WASTEWATERELECTRIC

DESCRIPTION FUND FUND FUND TOTAL

Space Needs Study $30,172 $ 7,935 $ 5,493 $ 43,600

Route 8 Corridor 33,000 33,000

Demolition 2,800 2,800

City Clerk (27,559) 27,559

Water Truck Purchase 73,950 73,950

W/Water Truck Purchase 73,950 73,950

Water Const. Purchase 59,000 59,000

Water Consulting Fees 35,000 35,000

Grounds Truck 59,669 4,711 14,132 75,512

Electric Truck 88,182 88,182

    TOTAL $125,641 $226,987 $135,366 $487,994

  ======== ======== ======== ========

Mr. Hall moved to recommend approval of the budget revisions, with changes, as presented by staff, seconded by Mr. Leary and unanimously carried.

DOWNTOWN BUSINESS LICENSE TAX DISTRICT

Mayor Richter introduced the concept of a business license tax district for the downtown area. He advised members that he has been working with the City Planner in preparing a proposal. Mayor Richter explained that the extra business fee would be utilized to pay for an office that promotes and takes care of those businesses located downtown. He advised members that the City of Saulisbury currently has an ordinance of this nature. City Solicitor Rodriguez has verified that the city could adopt the same ordinance.

Mr. Lynn moved to recommend that Mayor Richter and the City Planner be authorized to continue with the concept of a business license tax district. The motion was seconded by Mr. Hall and unanimously carried.

Mr. Hall moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Leary and unanimously carried.

Meeting adjourned at 9:38 P.M.

Respectfully submitted,

Francis R. Weyandt

Chairman

FRW/jg

Attachments