Legislative and Finance Committee

The Legislative and Finance Committee met on February 27, 1990, at 8:00 p.m., with Chairman Weyandt presiding. Members present were Councilmen Lynn, and Christiansen and Mr. Townsend. Other members of Council present were

Mrs. Legates, Mr. Hall and Mr. Daisey.

AGENDA ADDITIONS/DELETIONS

Mr. Christiansen requested the addition of item #9A, to consider senior citizen discount on property taxes.

Mr. Lynn moved to approve the agenda as amended, seconded by Mr. Townsend and unanimously carried.

COMPREHENSIVE ANNUAL FINANCIAL REPORT

The City's Annual Financial Report for fiscal year 1989 was prepared and published by the Finance Department and is audited by an independent certified public accounting firm of Faw Casson & Company.

The Comprehensive Annual Financial Report for fiscal year ended June 30, 1989, 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.

Mrs. Nesterak also stated that Faw Casson & Company has submitted a letter with suggestions to Mr. Karia on administrative and housekeeping matters for consideration; however, there are no existing problems. Mrs. Nesterak stated that the City works very well in their accounting controls.

Mr. Lynn moved to recommend that Council adopt the report as presented by Mr. Karia, seconded by Mr. Townsend and unanimously carried.

APPEAL OF DENIED INSURANCE CLAIM - JEAN COUCHMAN

Per Councilman Christiansen's request, Mrs. Jean Couchman submitted a letter requesting the reimbursement of $200 (for the deductible) and $56 (for rental car use) due to an accident on June 7, 1989, involving a City of Dover Sanitation Truck.

As instructed by Mayor Richter, Debrah Boaman, City Clerk, wrote a letter to Mrs. Couchman on September 15, 1989, explaining that since both drivers were found to have contributed to the accident, their respective insurance carriers will be held responsible for damages to their insured's vehicles. Mrs. Boaman also informed Mrs. Couchman that her request for the City to bear the out-of-pocket expenses for car rental fees and the deductible of her insurance policy would be unfair to the City of Dover taxpayers since we would be subsidizing her personal insurance coverage. Had the City of Dover vehicle sustained damages, we would have been solely responsible for our vehicle costs.

Mrs. Couchman stated that it is her feeling that since the City vehicle was backing up on the street with only a beeper activated, the City should assume responsibility for the $256.

Mr. Weyandt suggested that Mrs. Couchman contact her Insurance Company for subrogation against the City of Dover, feeling this matter should be handled between the two insurance companies.

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Responding to Mr. Weyandt, Mrs. Boaman said that Mrs. Couchman is seeking only the deductible cost and rental fees as her Insurance Company has acknowledged responsibility and paid for the total invoice, less her deductible and car rental fees.

Mr. Townsend moved to recommend Council deny the request for reimbursement of rental fees and deductible costs totalling $256, seconded by Mr. Lynn and carried with Mr. Christiansen voting no.

REQUEST FOR VENDORS ON MUNICIPAL LOT, ADJACENT TO CITY HALL

Letters from vendors were received requesting permission to utilize the municipal parking lot, adjacent to City Hall.

Mr. Harry Isaacs Jr. , President of the First State Yogurt, Inc. , requested permission to put a TCBY (The Country's Best Yogurt) push cart in the Municipal Lot which would operate from April 1, to September 30, 1990, between the hours of 11:00 a.m. and 3:00 p.m., five days a week. (Mr. Isaacs was not present at the meeting).

Mr. Tasir M. Tayeb requested permission to place a food cart in the municipal lot to sell hot dogs and soft drinks. Mr. Tayeb was present during the meeting and stated that he requested this lot due to the high volume of traffic during the day. He also stated that his vending business, unlike the current distributor which is located close to the Dover Post Office, will operate year round if this request is approved. Mr. Tayeb will operate his business Monday through Friday beginning at 8:00 a.m. to 3:00 p.m. and will maintain and clean the area in which the cart would be located.

Responding to members of the Committee, Mr. Cregar feels it would not be safe for vendors to operate in the Municipal Lot due to excessive traffic flow.

Mr. Hall commented that he does not feel it fair to turn a request down if the City allows the current vendor to continue operation. It was not known by staff if the hot dog vendor ever received Council approval to operate at this site.

Mr. Lynn moved to table the request to allow staff the opportunity to obtain information on the vendor located in the Municipal Lot at the present time, seconded by Mr. Townsend and carried with Mr. Christiansen voting no.

COMMUNITY PREVENTION COORDINATOR - JOB DESCRIPTION AND SALARY RANGE

As recommended by the Legislative and Finance Committee, staff prepared a projected three year cost for the Community Prevention Coordinator which was hired on February 16, 1990 at a starting salary of $23,774.

Mr. Weyandt suggested that the Committee approve the salary for the year of January 2, 1990 - December 30, 1990 only.

Responding to Mr. Lynn, Zachery Carter, Recreation Director, replied that the Community Prevention Coordinator will not conflict with his current position, stating that they are two different positions.

Responding to Mr. Christiansen, Mr. Carter stated that counseling will be offered by the City of Dover to At Risk Youths and counseling for working families.

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Ms. Swain stated that the Grant specifies that the park work with youths ages 12-15; however, the City will try to target as many youths as possible of all age ranges.

Mr. Lynn moved to recommend that Council accept the Community Prevention Coordinator job description and salary range (attachment #1), seconded by Mr. Christiansen and unanimously carried.

READING, PASSAGE, AND EFFECTIVE DATE OF ORDINANCES

As requested by the Committee during their January 23rd meeting, the City Solicitor, Mr. Rodriguez, prepared an ordinance regarding reading of ordinances prior to adoption.

Mrs. Boaman summarized the proposed ordinance, stating that it will require the announcement of an ordinance and its proposed adoption date during the first meeting and the reading of the synopsis at the second meeting when it will be adopted. Mrs. Boaman stated that the ordinance may be read in its entirety should it be requested by a member of Council. Exceptions are permitted for ordinances of an emergency nature.

Mrs. Boaman has requested Mr. Ed Baker, Public Works Department, to construct a small, wooden file rack for the Council Chambers where copies of the ordinances can be placed for the public's review. In addition, copies of committee reports will also be placed in this rack so that citizens attending Council Meetings can follow along during the committee's report to Council if they desire.

Mr. Townsend moved to recommend Council adopt the ordinance (attachment #2). seconded by Mr. Christiansen and unanimously carried.

RECOMMENDATION FOR USE OF FY 1990 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

As authorized by Council, Community Development staff conducted an administrative public hearing on February 15, 1990 in the City Hall Caucus Room. The hearing was held in order to provide any interested citizen the opportunity to offer their comments and concerns regarding the City of Dover's use of the FY 90/91 Community Development Block Grant Funds. Two citizens were present at the hearing, and a letter was received from the Ruth N. Dorsey Shelter requesting funding through the Emergency Shelter Grant Program (ESGP).

Mr. Weyandt requested that staff present a list of properties, location and property owners in which the Grant was used within the last two years.

Staff recommended that $115,500 of the Community Development Block Grant funds be earmarked to provide rehabilitation assistance to approximately eleven households located within Capitol Green area, Kirkwood, New, West and Water Streets and State College Road. An amount of $3,200 will be used to assist in the demolition of one eligible property with the remaining $40,641 being used for administrative expenses.

Mr. Lynn moved to recommend approval for use of the Community Development Block Grant Funds as presented by staff, seconded by Mr. Christiansen and unanimously carried.

Responding to Mr. Weyandt, Mr. Cregar stated that all information pertaining to the Ritz property has been sent to Mr. William Pepper, Deputy City Solicitor, and that a municipal lien has been placed on this property. A date for the

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Sheriff's sale will be set. Mr. Weyandt requested Mr. Cregar contact Mr. Pepper for an update.

UPDATE ON PROPOSED COVERED TRUCK ORDINANCE

During the January 23rd meeting of the Legislative and Finance Committee, the Chief of Police, was requested to obtain information from the State of Delaware regarding a covered truck law. Chief Hutchison submitted a letter stating that the Motor Vehicle Law of the State of Delaware, Title 21, Section 4371 deals with construction vehicles losing their loads while traveling as follows:

"Sec. 4371. Construction of Vehicles to Prevent Escape of Contents; Penalty.

(a) No vehicle shall be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, shifting, leaking or otherwise escaping therefrom.

(b) Whoever violates Subsection (a) of this Section shall for the first offense be fined not less than $10 nor more than $25. For each subsequent like offense, he shall be fined not less than $25 nor more than $100."

Mr. Christiansen stated that while speaking with an engineer who will be working on the bypass, it was estimated that 600 million tons of dirt and fill will be transported on S. Little Creek Road, White Oak Road and E. Division Street. Mr. Christiansen suggested the City adopt a covered truck ordinance or ask the Department of Transportation to notify all contractors of this law.

Mr. Lynn quoted (a) in Section 4371, emphasizing the word "highway". Mr. Lynn questioned whether the "streets" in the City of Dover would be considered the same as "highway" as stated in this section. The Committee suggested that the City Clerk contact Mr. Rodriguez for his opinion regarding this concern.

Mr. Townsend suggested that the Chief of Police send a letter to the State of Delaware informing them that this law will be enforced in the City of Dover.

The Committee took no further action.

REFUNDING OF TREE PRUNING COSTS - 1989 SIDEWALK PROGRAM - SOLICITOR RODRIGUEZ At their October 23, 1989 meeting, City Council voted to approve the assessments for the 1989 Sidewalk Program, but to exclude the costs of tree pruning and have the City bear the cost. At the January 22, 1990 meeting it was voted not to make this policy retroactive to the 1987 and 1988 programs.

A concern was brought to the attention of the City Solicitor regarding the policy of tree work as it relates to the 1989 program. This concern was that those property owners who had their work done outside of the City contract were being treated differently than those included in the contract.

It is Mr. Rodriguez's feelings that the property owners who chose to complete their own tree pruning work are not being treated equally. Mr. Rodriguez feels that in order to treat them fairly, the City should agree to pay a reasonable amount as submitted by their contractor or compensate them for what they paid the contractor based upon a reasonable expense.

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A letter was drafted based on the Solicitor's opinion, that would be sent to the 28 property owners identified during last year's survey as having tree work performed. If the property owner does not have an invoice, a meeting would be set between the owner and Public Works & Grounds departments to determine the amount of work completed. An estimate of the cost would then be determined based on information derived from that meeting and the City's original sidewalk survey. This cost would be reimbursed to the property owner.

Mr. Townsend commented on the last sentence of the second paragraph where it states "reimbursement should follow within thirty days". He suggested that the sentence be changed to read "reasonable reimbursement should follow within thirty days".

Mr. Christiansen feels that the owners in 1987 and 1988 were not treated fairly and therefore feels this action should not be approved.

Mr. Lynn moved to recommend that the letter with revisions (attachment #3), be sent to the affected property owners as recommended by staff, seconded by

Mr. Townsend and carried with Mr. Christiansen voting no.

SENIOR CITIZEN DISCOUNT - PROPERTY TAX - COUNCILMAN CHRISTIANSEN

Mr. Christiansen requested that, before the City assesses property values, Council consider raising the individual cap on income, not including social security, for Senior Citizens from $7,000 to $10,000 and for joint income from $12,000 to $15,000 and raise the actual exemption from $15,500 to $17,700.

Mr. Lucas explained that his office would have no way of knowing the number of residents that would qualify under the proposed guide lines.

Mr. Weyandt requested that Mr. Lucas contact neighboring towns and cities for their income caps for senior citizen discounts and report the findings to the Committee during their next meeting.

Mr. Lynn moved to adjourn into Executive Session, seconded by Mr. Townsend and unanimously carried.

Meeting Adjourned at 9:05 p.m.

Respectfully submitted,

Francis R. Weyandt Chairman

FRW/dkh

Attachments

ORDINANCE

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

The Dover Municipal Code is hereby amended by striking Sec. 1-6 of Chapter 1 of the Code in its entirety and by inserting a new section to be captioned and worded as follows:

Sec. 1-6. Reading, Passage, and Effective Date of Ordinances.

No ordinance, with the exception of emergency ordinances, shall be passed by Council until it is: (1) announced at one regular Council meeting, which announcement shall be made by the City Clerk outlining the nature of the ordinance and stating when it will be considered for passage at a subsequent regular Council meeting; and (2) read, by synopsis, outline or otherwise, at the subsequent announced meeting of Council prior to being voted upon by Council. Emergency ordinances may be passed by Council at any time but must be designated as such that their immediate passage is necessary to serve the health and welfare of the City. Ordinances shall be passed in accordance with the provisions of Sec. 10 of the Charter. All ordinances which do not state an effective date shall be effective immediately upon their adoption by Council and their approval by the Mayor except as otherwise provided in the Charter, Sec. 10.

COMMUNITY PREVENTION COORDINATOR

GENERAL STATEMENT OF DUTIES: This is professional social work involving the formulation and execution of the City's substance abuse prevention program; does related work as required.

DISTINGUISHING FEATURES OF THE CLASS: The employee in this class reports to the City Manager in the general administration, development and direction of a substance abuse prevention action plan to improve services and address community culture contributing to substance abuse. Primary responsibility of this class is working with the Community Advisory Board to develop a community need and resources assessment contributing to substance abuse, assess the existing network of services for youth, identify un-met needs and implementing substance abuse prevention action plan.

EXAMPLES OF WORK: (Illustrative only)

Organize the community to address substance abuse prevention; assist local groups to identify ways in which they can promote substance abuse prevention; conduct outreach to local groups to generate an awareness for the prevention of substance abuse; represent the City at Cluster meetings; provide Above The Influence training to all interested groups within the City; assist and support Above The Influence graduates to remain linked in their prevention efforts; identify needed prevention services in the City and work to develop them; plan diversion activities for City youth ages 12-15; work with Community Advisory Board to assess available prevention programs and gaps in those services; seek outside funding and services to meet City needs; participate in monthly County Cluster meetings; prepare monthly reports; create linkages and partnerships with other Cluster members; work with Youth and Family Involvement Coordinators; prepare written agendas for all meetings and maintain written minutes; maintain records required by the Evaluation Consultant.

REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Considerable knowledge and skills in working with all age groups; working knowledge of the City of Dover community organizations and familiarity with community institutions; working knowledge of basic public relations skills, general administrative ability; ability to cooperate with and interpret substance abuse philosophies to City authorities, public and private groups and agencies, and the general public; ability to plan and supervise the work of others; ability to speak effectively; ability to prepare and maintain accurate records; ability to recruit and train volunteers; initiative and resourcefulness; good professional judgement; good physical condition.