REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 11, 2004 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane. Mr. Salters was absent.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Eric O’Brien, 30 N. New Street, advised members that although there has been a lot of improvement in the neighborhood, there remains lingering frustrations such as loud car bass music drive bys, late night boom noise, problem with minors congregating, loitering, noise nuisances, etc. specifically at 36-38 and 39 N. New Street, as well as middle-of-the-night street loitering between the hours of 1:00 a.m. and 4:00 a.m.
Council President Williams noted that the Safety Advisory and Transportation Committee has been working on many of the concerns relayed by Mr. O’Brien and that they will continue to do so.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Pitts and unanimously carried.
Mr. Ruane requested that item #2A - Americans with Disability Act Plan, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 27, 2004
The Minutes of the Regular Council Meeting of September 27, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Pitts and bore the written approval of Mayor Speed.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - SEPTEMBER 27, 2004
The Legislative, Finance, and Administration Committee met on September 27, 2004 with Chairman Salters presiding.
Americans with Disability Act Plan
Members reviewed the City of Dover American with Disabilities Act (ADA) Self-Evaluation and Transition Plan (as on file in the Office of the City Clerk). Mr. DePrima, City Manager, thanked the participants who assisted in the completion of the Plan, including City staff, and representatives of Independent Living.
Mr. DePrima reminded members that in 2003, he determined that the City should complete an ADA Self-Evaluation and Transition Plan to bring the City into full compliance with requirements of the ADA. He advised members that it was apparent that several City facilities needed a number of modifications to be ADA compliant. Mr. DePrima reviewed the methodology used, the self-evaluation results, and transition plan, including funding and priorities. It has been estimated that the necessary funding for all improvements recommended in the Facility and Parks Self-Evaluation is $358,585. In addition, corrections to sidewalks impeded by utility poles is $25,000. The City will attempt to fund all of the recommended improvements of this plan within five (5) fiscal years. Mr. DePrima advised members that the Plan also includes employment and communication improvements. He stated that once the Plan is endorsed by Council, staff would institute program improvements and begin including expenses in the City’s Capital Improvement Plan.
The committee recommended acceptance of the ADA Self-Evaluation and Transition Plan as submitted by staff.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).
Presentation - Citizen Survey
Members were provided the National Citizen Survey 2004 Report of Results for the City of Dover (as on file in the Office of the City Clerk). Mr. DePrima explained that the survey is a standardized, weighted, mailed, random sample survey of citizens of Dover. It is sponsored by the International City Manager’s Association and administered by the National Research Center. It is the single largest database containing questions and perceptions regarding government services, delivery, and quality of life in the community. He advised members that the survey will assist in prioritizing, project planning, budgeting, setting goals, bench marking, measuring progress, etc.
During the committee meeting, Mr. DePrima provided a Power Point Presentation explaining the Citizen Survey.
Presentation of Budget Text - Departmental Performance
Members received the Budget Text for FY2005, which included the departmental performance. Mrs. Tieman, Administrative Services Director, reminded members that during the past Budget Review, staff expressed the desire to improve strategic planning to be incorporated into the budget. In the fall of 2003, Mid-Atlantic Development was retained to facilitate the development of a strategic plan, including the City’s vision, mission and critical success factors. Staff created goals based on the strategic plan and then the City began to develop a pay-for-performance system, which was implemented this past fiscal year.
Mrs. Tieman advised members that the City retained the services of Ms. Janet Kelly of Financial Solutions for Public and Nonprofit Organizations (expert in performance budgeting) to assist department heads in defining their goals so that they were in-line with the six (6) critical success factors and then grouping departmental activities into programs. Once this was accomplished, the information was converted for inclusion into the City’s Budget as the budget text, which includes the departmental performance. It is hoped that this information will provide members, as well as the public, an explanation for the department’s budget.
During the committee meeting, Mrs. Tieman gave a Power Point Presentation explaining the Budget Text - Departmental Performance.
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - SEPTEMBER 28, 2004
The Parks, Recreation, and Community Enhancement Committee met on September 28, 2004 with Chairman Pitts presiding.
Proposed Zoning Text Amendments - Traditional Neighborhood Design
Members were provided a proposed zoning text amendment to Appendix B - City of Dover Zoning Ordinance, Article 3 - District Regulations (as on file in the Office of the City Clerk), which would create a new Section 28 - Traditional Neighborhood Design Zone (TND). Mr. James Galvin, Director of Planning and Inspections, advised members that the new zone is intended to create a walkable and pedestrian-friendly mixed use residential neighborhood for people of different ages and incomes. He noted that the zone will draw from the best architectural and community design features of Delaware and the Delmarva Peninsula, from its colonial past to the mid 20th century. Its intent is also to preserve and enhance the natural landscape, celebrate the history of the site, and buffer the development from adverse external influences. Mr. Galvin noted that the provisions of this section are intended to encourage greater integration of land-uses and diversity of lot sizes than is permitted under other provisions of the Land Subdivision Regulations and Zoning Ordinance of the City of Dover. Lastly, it may provide locations for other uses that will aid in the fulfillment of the City of Dover's Comprehensive Plan and allow people to live near their work.
Mr. Galvin advised members that the amendment had been reviewed by staff, the Planning Commission, David Edgell of the State Planning Office, and outside agencies. He noted that Mr. Ruane has facilitated a review by the State Planning Organization through the institute they have created which is comprised of members of the American Institute of Architects, American Society of Landscape Architects, as well as the American Planning Association. Mr. Galvin anticipated that their comments and recommendations would be ready for review at the next meeting.
City Clerk’s Office Note: The First Reading of the proposed ordinance will take place during the latter part of the meeting.
No further action was taken at this time.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - SEPTEMBER 29, 2004
The Safety Advisory and Transportation Committee met on September 29, 2004 with Chairman Ritter presiding.
Traffic Concerns (Volume and Speed) on East Loockerman Street - John McNeal, Jr.
Mr. John McNeal, Jr., 372 Mockingbird Avenue, stated that he recently went door-to-door on East Loockerman Street and he noticed an alarming volume of fast-moving traffic. He stated that many of the residents have tried to remedy or limit the problem in the past; however, a dangerous problem still exists. Mr. McNeal also commented on the absence of sidewalks on the street.
Chief Horvath advised members that a “metro count” had been placed on East Loockerman Street between Tuesday, September 21 and Tuesday, September 28, 2004 to monitor volume and speed of traffic. He noted that there were approximately 1,500 trips per day with the highest speed recorded by laser or radar being 43 m.p.h. and the average speed being 25.7 m.p.h. Chief Horvath offered to temporarily install a speed counter to deter speeding. It was also suggested that the installation of a stop sign at Loockerman Street and Loockerman Court may slow traffic.
Chairman Ritter requested Chief Horvath to discuss the stop sign installation with the City Manager and report back in two months with the results of that discussion and the new information from the speed counter.
Report by Police Chief and Director of Inspections and Planning - Departmental Procedures for Towing Illegally Parked Cars (Continuation from Committee Meeting of August 25, 2004 - Legal Opinion - Procedure for Towing Illegally Parked Cars)
Mr. James Galvin explained the process which the Planning and Inspections Department follows with regard to citing, ticketing, and towing abandoned vehicles located on private property. He noted that owners of vehicles which are inoperable are given five (5) days to remove or repair their vehicle. Owners of operable but untagged vehicles are given 90 days to move their vehicles. Mr. Galvin stated that residents experiencing an illness or extended travel period, such as military personnel, can be granted an extension as long as they have a cover on the car.
Responding to Mr. Pitts, Chairman Ritter stated that he believed the ordinance required vehicles to be parked on a paved surface. He requested staff to obtain a legal opinion regarding towing illegally parked cars on undedicated roads, City staff entering private property to tag abandoned vehicles, and requiring vehicles to be parked on a paved surface and to provide a report back to the committee in four (4) weeks.
Report by Police Chief - Safety Issues at Manchester Square and Mapleton Square Apartments
Chief Horvath provided updates, including number and type of arrests and security improvements being provided by management for Manchester Square Apartments and Mapleton Square Apartments. He also provided the results of a recent survey sent to residents of Manchester Square Apartments. Chief Horvath noted that the management of both facilities are very cooperative with the Police Department.
Mr. Pitts requested that similar updates be provided for Simon Circle, Liberty Court, Whatcoat Apartments, and Capital Green.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
PRESENTATION - LIBRARY ANNUAL REPORT
Ms. Sheila Anderson, Library Director, provided a Power Point Presentation of the Dover Public Library Annual Report - 2004 (as on file in the Office of the City Clerk). She advised members that the Dover Public Library is one of the busiest libraries in Delaware, with an average of 550 people passing through the doors of the library each day. Last year, there was a total of 348,269 items checked out, 11,588 reference questions answered by staff, 41,597 people used the library’s computers, and a total of 3,645 people had obtained library cards. There are 46,318 citizens who are members of the library.
Ms. Anderson reminded members that according to the recent Library Facilities Plan conducted by Robert H. Rohlf Associates, the current library facility is woefully inadequate and the building has considerable physical deficiencies and problems. The Plan strongly recommended that the Dover Public Library expand its library facilities by constructing a new facility in downtown Dover. Ms. Anderson anticipates an even busier library next fiscal year and invited the public to visit the library.
City Clerk’s Office Note: In response to a question raised by Mr. Ritter during the meeting, Ms. Anderson reported that of the 3,645 who had obtained library cards this past year, 1,706 were City of Dover residents, 1,831 were Kent County residents, and 108 were out of state residents.
EVALUATION OF BIDS - REASSESSMENT - CONSULTING SERVICES
Members reviewed a request of the City Assessor, Mr. Cooper, to award the contract for the consultant services for reassessment to Cole-Layer-Trumble, at the itemized, hourly rates provided for consultant services on an as-needed basis (as on file in the Office of the City Clerk). An amount of $88,250 has been budgeted in the Assessor’s Office. Mr. Cooper stated that it is estimated that the per-parcel cost would be approximately $10.93 and would be managed to the budget.
Mr. Carey moved to award the contract for the reassessment consultant services to Cole- Layer-Trumble, as requested by staff. The motion was seconded by Mr. Ritter and carried by a unanimous roll call vote (Mr. Salters absent).
APPOINTMENT BY MAYOR SPEED TO BOARD OF ADJUSTMENTS - ART ERICSON - TERM TO EXPIRE JULY 2005
Members considered a request of Mayor Speed for the appointment of Art Ericson to the Board of Adjustments (to fill the unexpired term of Fred Tolbert), with a term to expire July 2005.
By consent agenda, Mr. Carey moved for approval of the appointment of Art Ericson to the Board of Adjustments, as recommended by Mayor Speed. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters absent).
FIRST READING - PROPOSED ZONING ORDINANCE AMENDMENTS
Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Since the ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on October 18, 2004; Parks, Recreation, and Community Enhancement Committee on October 26, 2004; and that a public hearing take place during the Council Meeting of November 8, 2004, at 7:30 p.m., at which time, final action by Council will take place.
Mr. Carey moved to refer the amendments and set a public hearing before City Council for November 8, 2004 at 7:30 p.m. as suggested by staff. The motion was seconded by Mr. Pitts and unanimously carried.
In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
>APPENDIX B, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 28 - TRADITIONAL NEIGHBORHOOD DESIGN ZONE (TND)
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of September 27, 2004.
Chapter 13, Motor Vehicles and Traffic - Section 13-17, Failure to Stop for Red Traffic Signal; Traffic Light Signal Violation Monitoring Program; Penalties
Council President Williams noted that Deputy City Solicitor Pepper has submitted an amendment to the proposed ordinance, which added a new section (c), as follows:
(c)Applicability. This ordinance shall apply to all cases arising, opened or reopened on or after October 12, 2004, as well as those cases pending on its effective date, October 12, 2004, without regard to the date of the alleged violation.
Mr. DePrima explained that the purpose of the revision is to make it clear that the ordinance is intended to be applied as retroactively as possible.
Mr. Hogan moved for approval of the amendment to the proposed ordinance amending Section 13-17 of the Dover Code. The motion was seconded by Mr. Slavin and unanimously carried.
Mr. Slavin moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Pitts moved for adoption of the following ordinance, as amended, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The the Dover Code, Chapter 13 is amended by adding a new subsection to read as follows:
Sec. 13-17. Failure to stop for a red traffic signal; traffic light signal violation monitoring program; penalties.
(a) Generally. Vehicular traffic facing the red traffic signal shall stop before crossing the stop limit, whether marked by sign or painted line, or if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown.
(b) Traffic Light Signal Violation Monitoring Program. A failure to stop for a red traffic signal may be recorded by a traffic light signal violation monitoring system in accordance with a program or authorization approved by the city manager, pursuant to the provisions of 21 Del. C. § 4101(d) and this section. The administration and enforcement of the provisions of this section shall be done in accordance with the provisions of 21 Del. C. § 4101(d) which shall prevail in the event of any conflict with the provisions of this section.
(1)The owner or operator of a vehicle which has failed to comply with a traffic light signal, as evidenced by information obtained by a traffic light signal violation monitoring system, shall be liable for a civil or administrative monetary assessment of $75.00; provided, however, if the civil or administrative assessment is not paid within 14 days an additional assessment of $10.00 shall be added to the original assessment; which additional assessment shall be increased to $20.00 if the assessment is not paid within 45 days; and shall be increased to $30.00 if the assessment is not paid within 90 days. Court costs or similar administrative fees not to exceed $30.00 may also be assessed if the owner requests a hearing to contest the violation, and is ultimately found to be in violation or fails to pay or contest the violation in a timely manner.
(2)A violation for which a civil or administrative assessment is imposed pursuant to this subsection shall not be classified as a criminal offense. Judgments pursuant to this section shall not be deemed a conviction of the owner and shall not be made part of the motor vehicle operating record of the person upon whom such liability is imposed.
(3) Definitions. For purposes of this subsection only,
a."owner" means the registered owner of such vehicle on record with the division of motor vehicles; provided, however, that in the event that the owner is a vehicle leasing company licensed to do business in this state, the "owner" for purposes of this subsection shall mean the person shown on the records of the division of motor vehicles to be the lessee of such vehicle. Vehicle rental companies are excluded from the definition of "owner" for purposes of this subsection only.
b. "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this subsection.
(4)Summons and Notice of Violation. A summons for a violation of this subsection may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the division of motor vehicles of this or any other state. Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing by first class mail of a summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the:
a.Name and address of the owner of the vehicle;
b.Registration number of the motor vehicle involved in the violation;
c.Violation charges;
d.Location where the violation occurred;
e.Date and time of the violation;
f.Copies of 2 or more photographs, or microphotographs or other recorded images, taken as proof of the violation;
g.Amount of the civil assessment imposed and the date by which the civil assessment should be paid;
h.Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the summonsed person and/or the denial of the registration or the renewal of the registration of any of the owner's vehicles; and
i.Notice of the summonsed person's ability to rebut the presumption that he or she was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.
All subsequent mailing of court notices, summons, and payment requests shall include all information listed in subparagraphs a. through i. of this subdivision.
(5)Payment by voluntary assessment. Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Procedures for payment under this subsection shall be as provided by court rule of the Justice of the Peace Court and shall be in lieu of the procedures set forth in § 709 of this title.
(6)Procedures to contest the violation. A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date. Upon receipt of a timely request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules. Costs for such hearing shall not be assessed against the prevailing party.
(7)Failure to pay or successfully contest the violation. If the owner fails to pay the civil assessment, to respond to the summons within the time period specified on the summons, and/or to successfully contest the civil assessment resulting from the violation, the city manager shall notify the Division of Motor Vehicles of such facts. In addition, city manager shall refer the unpaid assessment and costs to the Administrative Services Department for the collection of these assessments and the City Solicitor may enforce the assessments by civil action, including seeking judgment and execution on a judgment against the owner in accordance with this subsection.
(8)Proof of violation. Proof of a violation of this subsection shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this subsection. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a traffic light signal violation monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a technician employed by a locality authorized to impose assessments pursuant to this subsection, or by an employee of an entity designated by such locality to administer records under this subsection. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to regulation, ordinance or other law adopted pursuant to this subsection. Any affidavit submitted pursuant to subsection 9(a) shall be admissible in any proceeding to contest the violation.
(9)Presumptions. The owner of any vehicle found to be in violation of this subsection shall be held prima facie responsible for such violation in the same manner as provided for under §7003 of this title, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner:
a. Furnishes an affidavit by regular mail to the entity indicated on the summons that he or she was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented or otherwise had the care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate(s) thereof had been reported to the police as stolen prior to the time of the alleged violation of this subsection; or
b. Provides proof in at the hearing to contest the violation that he or she was not the operator of the vehicle at the time of the alleged violation or that he or she failed to comply with the traffic signal either in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession.
c. Notwithstanding any other provision in this section, if the motor vehicle which is found by the traffic light signal violation monitoring system to have failed to comply with a traffic light signal is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with two photographs thereof. Within ten days of the receipt of said notice, the owner of the vehicle shall provide the law enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time and location of the violation and within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided under 21 Del. C. §7003 and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of subsection (b) to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in subsection (b)(3).
(c) Applicability. This ordinance shall apply to all cases arising, opened or reopened on or after October 12, 2004, as well as those cases pending on its effective date, October 12, 2004, without regard to the date of the alleged violation.
ADOPTED: OCTOBER 11, 2004
COUNCIL MEMBERS COMMENTS
There were no further comments by members of Council.
Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:02 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 11, 2004, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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