Regular Safety Advisory and Transportation Committee Meeting
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Jan 12, 2005 at 12:00 AM

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE

The Safety Advisory and Transportation Committee Meeting was held on January 12, 2005, at 7:05 p.m. with Chairman Ritter presiding. Members present were Mr. Lakeman, and Mr. Simmons. Mr. Carey and Mr. Pitts were absent. Mr. Ruane, and Mayor Speed were also present.

The invocation was given by Chairman Ritter, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Simmons moved for approval of the agenda, seconded by Mr. Lakeman and unanimously carried.

Tiers of Megan’s Law - Explanation by Community Policing Officer (Requested during Committee Meeting of October 27, 2004 - Review of Map/Chart of Incidents of Crime)

During their Regular Meeting of October 27, 2004, members requested Police Chief Horvath to provide information on the Tiers of Megan’s Law.

Community Policing Officer Benjamin Marvel advised members that there are three (3) Risk Assessment Tier’s for sex offenders based on their charges and the disposition of their case as follows:

Risk Assessment Tier I is considered the lowest risk level and is assigned to any sex offender not otherwise designated to Risk Assessment Tier II or III. In a Tier I case, the Officer files a report and no public notification is required, either by the law or department policy. If a Tier I sex offender remains without charges or violations for 10 years, they can petition the Court to be removed from the sex offender registry.

Risk Assessment Tier II is considered a medium risk level and is assigned to any sex offender convicted of crimes such as rape in the third degree, unless the offense involved a child under 12 or the offense involved force or the threat of physical violence, rape in the fourth degree, unlawful sexual contact in the second and third degrees, unlawful sexual penetration in the third degree, sexual extortion, a dangerous crime against a child, unlawfully dealing in child pornography, and sexual solicitation of a child (list not inclusive). In a Tier II case, the Officer files a report and notification is made to schools and daycare providers, both home and commercial. If a Tier II sex offender remains without charges or violations for 10 years, they can petition the Court to be re-designated as a Tier I offender.

Risk Assessment Tier III is considered high risk and is assigned to sex offenders convicted of crimes such as rape in the first and second degrees, rape in the third degree if the offense involved a child under 12 or the offense involved force or threat of physical violence, unlawful sexual contact in the first degree, unlawful sexual intercourse in the first or second degree, unlawful sexual contact in the first degree, continuous sexual abuse of a child, and sexual exploitation of a child (list not inclusive). In a Tier III case, the Officer files a report, a flyer is generated and notification is made to schools, daycare providers, and door-to-door notification within one street or block in each direction from the offender’s residence. A Tier III sex offender ensues a lifelong registry. If the offender remains without charges or violations for 15 years, they can petition the Court to be redesignated as a Tier II offender.

According to Department Policy, each Tier Level requires that an Officer physically goes to the offender’s residence, school, or place of employment to verify that they live, work, or attend school at that location. In some instances, Tier Level II and III offenders are placed on the Police Department website. Officer Marvel advised members that the Dover Police Department maintains records for 137 sex offenders within the City. He noted that 10 are Tier I, 101 are Tier II, and 26 are Tier III sex offenders.

Responding to Mr. Ritter, Officer Marvel stated that if an offender provides a false address, they exhaust all means to locate them and, if unsuccessful, a warrant is issued for failure to comply with sex offender registration.

Mr. Ritter asked if it would be possible to place a list of sex offenders located within the City on the City’s website. Officer Marvel suggested that a link to the Delaware Sex Offender registry would probably be the quickest and easiest way to have that accomplished. He noted that the database can be sorted by the location of the offender.

Mr. Ritter requested the City Manager and the Police Chief to investigate the possibility of posting sex offender information on the City’s and Police Department websites.

Fire Prevention Presentation - Sprinkling of Assembly Occupancies (Dave Truax - Fire Marshal)

The City’s Fire Marshal, Mr. David Truax, provided a PowerPoint Presentation of recommended Code amendments related to fire suppression. Members also viewed a video of a Rhode Island night club fire which killed more than 100 of the occupants.

According to current city code, a sprinkler system is required if the structure is at least 10,000 square feet or has an occupancy limit of 300. Based on the recently adopted edition of National Fire Protection Association (NFPA) 13 - Standards Related to the Installation of Sprinkler Systems, Mr. Truax recommended the following amendments:

All newly constructed indoor places with an occupancy limit of 150 or more;

Any existing structure in which interior renovations of 50 percent or more have been done and the building has an occupancy limit of 150 or more;

Any additions or increase in the size of an existing structure that would create an occupancy limit of 150 or more;

Educational buildings that are at least 5,000 square feet.

Existing buildings would be grandfathered unless they are renovated or increase their capacity. The occupancy limit would decrease to 100 in establishments where alcohol is served and consumed since alcohol starts to impair judgment and the ability to make rational decisions.

Mr. Ritter requested staff to bring the recommendations back in ordinance form for members consideration.

Update by DelDOT

Traffic Study - SR1/Route 8 and East Dover Housing Development Projects (Chairman Ritter requested Mr. Gary Laing to provide update during Committee Meeting of November 10, 2004)

During their Regular Meeting of November 10, 2004, members were advised that the traffic studies would take more time to complete. Mr. Gary Laing, DelDOT Municipal Liaison, was requested to provide an update in one month.

Mr. Laing stated that the SR1/Route 8 Traffic Impact Study (TIS) had been mailed to Mr. Galvin, Planning and Inspections Director, on November 22, 2004 and the TIS for Clearview Meadows was mailed on December 22, 2004 (as on file in the Office of the City Clerk). Mr. Galvin advised members that the Studies made recommendations for the entrances of all of the properties, as well as improvements shared by all of the developments, such as turn lanes, intersection improvements, and right-of-way acquisition costs. He noted that the City, DelDOT, and some of the developers met to discuss the recommendations.

Status of Traffic Signal - Greenway Lane and Kenton Road (Gary Laing, DelDOT)

Mr. Laing advised members that the study which was completed over one (1) year ago determined that a traffic light could not be installed at the intersection of Greenway Lane and Kenton Road due to its close proximity to Route 8. He stated that he has requested the Traffic Studies Division to revisit the study in order to develop creative alternatives to a traffic signal.

Mr. Laing advised members that the West Dover Connector scheduled for February has been postponed until March 23, 2005, from 5:30 to 8:00 p.m. at the Modern Maturity Center. He also noted that they plan to schedule two (2) or three (3) working group meetings in the first half of 2005, with a workshop being scheduled for July 2005. Responding to Mr. Ruane, Mr. Laing stated that DelDOT would be happy to meet with civic associations and requested that they be made aware when there are interested associations.

Mr. Lakeman moved for adjournment, seconded by Mr. Simmons and unanimously carried.

Meeting Adjourned at 9:03 P.M.

                                                                       Respectfully submitted,

                                                                       Robert G. Ritter, Jr.

                                                                       Chairman

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