REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 26, 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, Mr. Salters, and Mr. Ruane.
Council staff members present were Major Harding, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. Koenig, Deputy City Solicitor Pepper, Mrs. McDowell, 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 North New Street, stated that children living at 36-38, and 39 North New Street are out of control. He noted that there are approximately eight kids in the street until all hours of the morning (between midnight and 3:30 a.m.). Mr. O’Brien suggested that someone from the Division of Youth and Family Services should investigate for child negligence.
Mr. O’Brien also requested that the Community Police Officers speak with the man who lives at 22 North New Street who drives a blue LeBaron with Maryland license plate EB47. He stated that he blocked him from the alley and told him to “go ahead and call the cops”. Mr. O’Brien noted that Officer Hagan had all of the necessary information.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Sadusky and unanimously carried.
Mr. Ruane requested that item #9B, City Assessor Report, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Hogan and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 12, 2004
The Minutes of the Regular Council Meeting of July 12, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Speed.
PRESENTATION - CITY OF DOVER GOLD MEDAL - MICHAEL TEICHMAN
Mayor Speed presented Mr. Michael Teichman with the City of Dover Gold Medal for Valor. He stated that it is an incredible event and a rare opportunity for the City to award a Gold Medal. Mayor Speed thanked Mr. Teichman for his true heroism and advised members that the man who was rescued has made a full recovery.
Mayor Speed reminded members that Mr. Teichman was unable to attend the July 12th Council Meeting for the presentation of the Gold Medal of Valor and requested the Clerk to read the Resolution adopted July 12, 2004, as follows:
WHEREAS, on April 15, 2004 a near tragedy occurred when a vehicle collision on North State Street resulted in one vehicle becoming submerged, landing on its roof in Silver Lake; and
WHEREAS, three uninvolved motorists, Mr. Michael Teichman, Mr. Michael Shearon, and Mr. Troy Nay, bravely rushed into the cold, murky water of Silver Lake to save the driver who was trapped inside; and
WHEREAS, the courageous actions of these men, in averting what could have been a tragic loss to family, friends, and community, were acts of heroism which deserve special recognition by the governing body of this City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that Mr. Teichman, Mr. Shearon, and Mr. Nay risked their own lives to save the life of a fellow man.
2. In recognition of their heroic actions, the Mayor and Council award Mr. Michael Teichman, Mr. Michael Shearon, and Mr. Troy Nay with City of Dover Gold Medals, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: JULY 12, 2004
UPDATE (90 DAYS) BROWN WATER
Mr. Scott Koenig, Director of Public Works, provided a detailed update on the Brown Water 90-Day Plan of Action (as on file in the Office of the City Clerk). He advised members that an extensive service line replacement is in progress, with approximately 100 services being replaced in the downtown redevelopment project area. Mr. Koenig noted that reimbursement had been made for 44 (forty-four) claims related to damaged laundry, at a total value of just under $5,000.
Responding to Mr. Ritter, Mr. Koenig stated that, before considering large diameter pipe replacement or relining projects, he would like to have field verification of the issues and hydraulic modeling data to confirm that the anticipated results would be achieved. He noted that the model should be complete by the end of August or the beginning of September 2004.
Responding to Mr. Ruane, Mr. Koenig stated that he planned to file a notice of intent for umbrella projects related to pipe replacement or relining so that they would have access to State funds if it would prove to be economical.
Mr. Slavin thanked Mr. Koenig for his very informative report and his due diligence in effectively containing the brown water problem.
CLOSING AGREEMENT ON FINAL DETERMINATION OF TAX LIABILITY AND SPECIFIC MATTERS
Members were provided the Closing Agreement on Final Determination of Tax Liability and Specific Matters regarding City of Dover Electric Revenue Bonds (Exhibit #1).
Responding to Mr. Hogan, Mrs. Mitchell, Finance Director, stated that the issue was a matter of IRS interpretation related to the sale of the power plant to Duke Energy. Mr. Ruane commended Mrs. Mitchell for her due diligence in resolving the issue, with expert assistance, and keeping Council apprised of the situation. He noted that the City approached the IRS when it was realized that there was a potential conflict.
Staff recommended authorizing the Finance Director to sign the agreement and make a payment to the United States Treasury in the amount of $450,382.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
LIVEABLE DELAWARE APPLICATION - $10,000 GRANT - CHAMBER OF COMMERCE/NORTH DOVER ECONOMIC DEVELOPMENT STUDY
The Central Delaware Chamber of Commerce is taking the lead in a study of the economic development potential of the north Dover area. To facilitate the study, they have the ability to access up to $10,000 in Liveable Delaware funding from the Delaware Office of State Planning Coordination. The funding is available only to counties and municipalities “. . . to meet the requirements of their charters, the goals of their Comprehensive Plans, and regulations included in the State Code.”
The study will include access and utility requirements for future development, as well as interconnections with existing networks along the Route 13 Corridor on the north end of Dover. The outcome will be to identify potential commercial development opportunities and the improvements that will be required.
The project will support the goals of the City of Dover Comprehensive Plan Update by supporting the annexation of appropriate property and encouraging two of the four goals of the Economic and Community Development Plan (Chapter 9) of the 2003 Comprehensive Plan Update; specifically Goal 2: Maintain and improve the City’s position as a regional commercial center, and Goal 3: Create a more vibrant, growing economy.
The project is expected to require staff dedicating a significant amount of time to the facilitation of the working group. The City of Dover Department of Planning and Inspections has insufficient staff capacity at this time to facilitate the meetings that would be involved in this effort. Staff can, however, act as the grant applicant to allow the potential funding from the Livable Delaware Assistance to Municipalities and Counties program to be contributed to the project. The grant funding requires a matching contribution, which may include in-kind staff support. It is anticipated that staff and representatives of the City of Dover will be involved in the process to an extent sufficient to meet the required matching contribution for the grant. The contribution of the City will be limited to the time contributed to the project and to grant administration.
Staff requested City Council to authorize the Mayor to sign and submit the grant application for the Livable Delaware Assistance to Municipalities and Counties program and complete all forms necessary for the administration of the grant.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters.
Responding to Mr. Ritter, Mr. Galvin, Director of Planning and Inspections, stated that the study would consider the feasibility of development in the area of Crawford Carroll Avenue and possibly in the rear of the Dover Mall toward Route 1. He noted that the area of study would be Route 1 between the St. Jones River and Crawford Carroll Avenue and the area from the Home Depot intersection (Route 13 and State Street) to the interchange.
Mr. Ruane stated that he felt the proposal was somewhat nebulous and did not reveal enough about the scope. He stated that, if it were to be approved, it should be with the understanding that it be brought back to Council after due diligence is achieved between the Chamber of Commerce, the Metropolitan Planning Organization (MPO), and the City’s Planning Office. Mr. Ruane stated that he was interested in the composition of the group and if it includes all of the affected parties. He noted that consideration should be given to the property owners that would gain from such a study, including their participation in supporting it financially. Mr. Galvin noted that the composition of the working group should be identified in the scope of services.
Responding to Mr. Ruane, Mr. Galvin stated that funding for the project could be available from the MPO’s Neighborhood Transportation Program in the amount of $15,000 to meet the City’s required matching funds.
Mr. Carey moved to amend the motion to include a stipulation that the application is to be submitted as the motion indicates; however, it should be brought back to the Council to show scope of work and participants before the submission of the application, seconded by Mr. Salters.
Mr. Carey, as the motion maker, moved to amend the motion to include the stipulation that the applications is to be submitted as the motion indicates; however, it should be brought back to the Council to show the Scope of Work and participants before the money is spent on this project. The seconder, Mr. Salters, agreed with the amended motion.
The motion to authorizing the submission of the grant application for the Livable Delaware Assistance to Municipalities and Counties program and to complete all forms necessary for the administration of that grant, with the stipulation that it be brought back to the Council to show the Scope of Work and participants before the money is spent on this project was carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - JULY 12, 2004
The Utility Committee met on July 12, 2004 with Chairman Carey presiding.
Request for Street Width Waiver - Seskinore Development
The applicants of Seskinore Development have requested a waiver from the City of Dover Subdivision Street design standards set forth in the Land Subdivision Regulations of the Dover Code, Appendix A, Article VI, Section A. Specifically, the applicant has requested a reduction of the paved street width from the minimum thirty-eight (38) foot paved width requirement to permit a paved width of twenty-four (24) feet. The right-of-way will be maintained at sixty (60) feet. The applicant is also proposing rolled curb instead of the standard Type III upright curb. The street will be dedicated to the City of Dover.
Mr. Galvin advised members that the property consists of one parcel of land totaling 5.0470 +/-acres, situated on the southwest side of McKee Road, approximately 330 feet north of Brandywine Drive. The property is zoned RM-1 (Medium Density Residential). He noted that the plan proposes the construction of an eighteen (18) unit residential, age-restricted, community with proposed condominium style maintenance and ownership. The residential units consist of duplex/multiplexes and townhouses. The owner of record is Fox Hall Plantation Company.
The Planning Commission reviewed the proposed street width waiver request as part of its review of the Site Development Plan for Seskinore and recommended approval of the reduction of the paved street width from 38 feet to 24 feet while retaining a 60 foot right-of-way. The Planning Commission recommended the use of Type III curb (upright) instead of the proposed rolled curb.
The committee recommended approval of the requested street width waiver for Seskinore Development, with conditions as set forth in the Planning Commission’s recommendation, to include Type III curbing.
Mr. Carey noted that at the conclusion of the meeting, the committee realized it should have included the stipulation that there be no parking on either side of the street. Council members were provided a letter from Mr. Gregory V. Moore of the Becker Morgan Group (Exhibit #2), engineer for the applicant, stating that their design was based on no parking on either side of the roadway and that they fully support the roadway being so designated.
Responding to Mr. Ritter and Mr. Ruane, Fire Chief Brian Bashista stated that there has been a great deal of discussion regarding street widths in the past month and a half due to the maneuverability of their ladder trucks on narrow streets. Chief Bashista noted that when it becomes necessary to replace equipment, they will consider smaller equipment to rectify some of the issues. He stated that, for this design concept, he agrees with the requested street width waiver. Chief Bashista requested that the “no parking” signs be installed as the street is being built.
Mr. Carey moved for approval of the requested street width waiver for Seskinore Development, with the conditions set forth in the Planning Commission’s recommendation, to include Type III curbing, and that there will be no parking permitted on either side of the 24-foot wide street. The motion was seconded by Mr. Sadusky and carried with Mr. Ruane voting no.
Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JULY 13, 2004
The Parks, Recreation, and Community Enhancement Committee met on July 13, 2004 with Chairman Pitts presiding.
Presentation - West Side Recreation Study
Mr. DePrima, City Manager, advised members that City Council authorized the expenditure of $20,000 for a recreational needs study for the City. The goal was to develop the most cost efficient facility which would meet the needs of the City.
Mr. Zachery Carter, Director of Parks and Recreation, advised members that a factory-engineered metal building, at a cost of $2.3M, was being proposed. He noted that the total project cost was $2.7M, which includes all necessary expenses, with the exception of operating costs. Mr. Carter stated that the proposal would provide adequate space with the option to construct an addition at a later date if the need exists.
Mr. Greg Moore and Mr. Peter Vyverberg, Becker Morgan Group, presented the Westside Recreational Center Study (as on File in the Office of the City Clerk).
Mr. DePrima advised members that the next step would be to spend the next year promoting the facility, developing a financial plan, and seeking cost-sharing partners for the project, such as the State, Kent County, sports groups, community groups, and civic associations. It is his hope to have a specific financial plan for the next fiscal year. Mr. DePrima noted that a full presentation to Council would be forthcoming.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
SAFETY ADVISORY COMMITTEE REPORT - JULY 14, 2004
The Safety Advisory Committee met on July 14, 2004 with Chairman Ritter presiding.
Street Width Waiver Requests for New Developments (Chief Bashista)
During the Regular Meeting of June 2, 2004, Fire Chief Bashista provided a presentation depicting areas throughout the City which, due to their street widths, present maneuverability problems for the Fire Department. The committee recommended that staff be authorized to develop amendments to the street width requirements, with a recommendation to the Committee provided for the July 14, 2004 meeting.
Mr. Galvin, Director of Planning and Inspections, advised members that he, Chief Bashista, and Mr. Scott Koenig, Director of Public Works, have been working on proposed street width amendments. It was noted that each department has a different perspective with respect to street widths; the Fire Chief is concerned primarily with safety, Public Works is concerned with street construction and maintenance and stormwater management issues related to impervious surface, and Planning considers the development design elements.
Mr. Galvin reviewed possible street width scenarios and Chief Bashista and Mr. Koenig expressed their concerns and ideas with regard to street widths. Mr. Galvin stated that, although they are making progress, they would like six (6) additional weeks to finalize their proposed amendments. Mr. Ritter stated that he would like to see, at a minimum, draft proposed ordinance amendments at the end of the six (6) weeks. He noted that more time could be allotted if it was necessary at that time.
City Inspector Report - Student Housing
During the Regular Meeting of June 30, 2004, it was noted that the ordinance developed with regard to student housing indicated that landlords were to be notified when offenses occurred and those offenses were to be tracked by address. It was also noted that the landlords were to include a stipulation in their leases that eviction would occur after two (2) violations within a three (3) month period. It was suggested that the list of arrests be compared with the student housing list to see if there is a connection between the two. Staff was requested to provide an update on student housing data for the last year.
Mr. Ron Coburn, City of Dover Housing Inspector, advised members that annual rental housing inspections are conducted and provided information on student housing, a list of known student housing and corresponding noise ordinance violation complaints related to those properties, and a copy of the City’s Noise Ordinance. He noted that there were eight (8) complaints, resulting in one (1) eviction.
Chief Horvath, Dover Police Department, advised members that 27 underage consumption arrests and nine (9) loud music arrests were made and that the Inspections Department had been advised of the arrests made related to rental housing. Chief Horvath noted that the current ordinance stipulates that a second offense of disorderly conduct, noise violation, and drug related offenses within a three (3) month period would result in termination of the lease. He suggested that the committee may want to consider changing the time frame from three (3) months to nine (9) months to cover the school year. Chief Horvath also suggested including underage consumption as a cause for termination. He cautioned members that eviction for underage consumption would also apply to parents living at the property.
Chief Horvath provided an update on the actions of the recently created Quality of Life Task Force and noted that, in addition, 70 loud music arrests were made in the Weed and Seed area.
Mr. Ritter requested staff to request a legal opinion regarding an ordinance amendment to include underage consumption as a conviction resulting in termination of a lease, as well as changing the length of time between convictions from three (3) months to nine (9) months to coincide with the school year.
Presentation by RK&K Engineers - North Street/State Street Intersection Study
During the Regular Transportation Review Committee Meeting of January 13, 2004, Ms. Juanita Wieczoreck, Dover/Kent County MPO, indicated that the MPO had funds budgeted for a study; however, it would require 20 percent in matching funds, probably less than $5,000, from State or local funds. During the Regular Council Meeting of February 2, 2004, the City Manager was authorized to send a letter to the Dover/Kent County MPO stating that the City of Dover would like to conduct a traffic study of the intersection of North and State Streets, to include the possibility of eliminating left-hand turns onto North Street and addressing the safety issues at the intersection.
Mr. Ray Harbeson and Mr. Adam Weiser of Rummel, Klepper & Kahl, LLP (RK&K), Consulting Engineers, provided a presentation of the Traffic Engineering Study of North Street at State Street (as on file in the Office of the City Clerk).
Mr. Harbeson advised members that the purpose of the traffic engineering study was to evaluate the effects of left turn movements at the intersection of North Street and State Street. He noted that the intersection experiences a high frequency of accidents, ranking it number one on the City’s list of intersections to be considered for red light photo enforcement.
Mr. Harbeson stated that the study included evaluating the safety of the intersection, as well as the intersection’s capacity. An area including several intersections surrounding the North and State Street intersection were studied and existing accident and traffic operation data was analyzed. As a result, RK&K provided several options for improvements.
Mr. Harbeson suggested that the traffic study be revisited in the future. Increases in traffic over time appear to warrant a second look to determine if increased left turn volumes combined with increased through volumes result in greater delay/queues in the future. Additionally, if mast arms are installed, a follow-up accident study should be completed as part of DelDOT’s traffic signal upgrade project being undertaken during the next two-year period.
Mr. DePrima advised members that a meeting was being scheduled between the City and DelDOT to discuss the possibility of incorporating some of the suggestions in DelDOT’s signalization project. He noted that his goal was to upgrade the remaining city-owned traffic signals and turn their ownership over to DelDOT.
The committee moved to acknowledge receipt of the completed study.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.
Presentation of Sidewalk Repair and Replacement Program
Mr. Koenig advised members that repair or replacement of State maintained sidewalks occurs during their repaving projects. He noted that the State is currently retrofitting all of the intersections with truncated domes and a rippled paver to provide visual and textural differences for people with disabilities. The City, in order to be compatible with the State, will begin installing them as well.
Mr. Koenig reviewed the Concrete Repair List and discussed completed and pending sidewalk repairs. He stated that, in addition to repairing existing sidewalks, it is the goal of the City to close any gaps to create a uniform sidewalk network. Mr. Koenig noted that flexibility is built into the sidewalk schedule to accommodate requests made by users with disabilities.
Mr. Ritter requested an update on the sidewalk repair and replacement program in three (3) months.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
MONTHLY REPORTS - JUNE 2004
By motion of Mr. Carey, seconded by Mr. Hogan, the following monthly reports were accepted by consent agenda:
Chief of Police Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
Referring to the City Assessor Report, Mr. Ruane requested an update on the reassessment. Mr. Cooper, City Assessor, stated that they have finished the neighborhood realignments and the data has been sent to the software supplier. He noted that the software, which will enable staff to use income, sales comparison, and replacement values, would be ready by September 30, 2004, and the reassessment would be completed no later than March 1, 2005.
Mr. Ruane requested that an update on the reassessment be included in future monthly reports.
Mr. Salters moved for acceptance of the City Assessor Report, seconded by Mr. Hogan and unanimously carried.
APPOINTMENTS BY MAYOR SPEED
Mayor Speed recommended approval of the following appointments:
Ethics Commission - 5 Year Term to Expire July 31, 2009
Nancy J. Shevock (Reappointment)
Historic District Commission (Reappointments) - 3 Year Terms to Expire July 26, 2007
Ken Robertson (Resident) Richard Scrafford (Profession)
Human Relations Commission Appointment - Term to Expire February 2005
Roy Sudler, Jr. (to fill the unexpired term of Maisha Britt)
Dover Parking Authority
Michael J. Ambruso (Reappointment) - Term to Expire July 1, 2009
Ronald G. Poliquin - Term to Expire July 1, 2008 (to fill the unexpired term of Bernardo M. Rossello)
By consent agenda, Mr. Carey moved for approval of the appointments, as recommended by Mayor Speed, seconded by Mr. Hogan and carried by a unanimous roll call vote.
REZONING REQUEST/FIRST READING - 605 S. STATE STREET, OWNED BY JOSEPH AND REBECCA GATES
A request was received to rezone property located at 605 South State Street, owned by Joseph and Rebecca Gates. The property is currently zoned R-10 (One Family Residence) and the requested zoning is I-O (Institutional and Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
Mr. Ruane, referring to pages 140-141 of the Comprehensive Plan Update, noted that there is reference to an Institutional Master Plan and suggested that the rezoning be reviewed with a long-range plan in mind.
By motion of Mr. Salters, seconded by Mr. Slavin, Council unanimously referred the request to the Planning Commission on August 16, 2004, and set a public hearing for September 13, 2004 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 605 SOUTH STATE STREET.
FINAL READING - REZONING ORDINANCE - 40 N. SAULSBURY ROAD
A public hearing and First Reading of the proposed rezoning ordinance was accomplished during the Council Meeting of June 14, 2004 for property located at 40 N. Saulsbury Road, owned by Riverview Associates. The present zoning classification is C-3 (Service Commercial) and the proposed zoning classification is I-O (Institutional and Office). On June 23, 2004, Council accepted a letter requesting that final action be deferred until the Regular Council Meeting of July 26, 2004.
Members received a letter from Mr. L.D. Shank, owner of the property, and Bay Developers, Inc., equitable owners, requesting that final action be postponed until further notice.
Mr. Carey moved to defer the Final Reading of the rezoning ordinance for property located at 40 N. Saulsbury Road until further notice. The motion was seconded by Mr. Sadusky and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of July 12, 2004.
Section 14-8 - Excessive Noise Prohibited
Mr. Salters moved that the Final Reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Ritter and carried by a unanimously roll call vote.
Mr. Ritter moved for adoption of the ordinances, seconded by Mr. Hogan.
Mr. Ruane reminded members that correspondence had been received from the City Clerk indicating that Senate Bill 165, the Bill this ordinance was modeling, was amended to reduce the proposed fines by half.
Mr. Ruane moved to amend paragraph (d) of the proposed ordinance amendment to set the fines at “. . .at least $50 and not to exceed $250; for each subsequent offense such person shall be subject to a fine of at least $125 and not to exceed $500", in accordance with Senate Bill 165. The motion was seconded by Mr. Hogan.
Mr. Ritter advised members that the City of Dover Code currently imposes a fine of not less than fifty dollars nor more than on hundred dollars. It was his feeling that the current fines were not acting as a deterrent and should be increased. Mr. Ruane suggested that the addition of increasing fines for subsequent offenses may act as a deterrent. He also stated that the increased fines seemed to be out of proportion to the offense, as well as to fines for other offenses.
Responding to Mr. Salters, Mr. Pepper, Deputy City Solicitor, stated that the fines could be adjusted within the parameters set forth in the Charter. He noted that the State has delegated some of the police powers to the City of Dover to adopt ordinances to effect public safety and welfare of the City. Mr. Pepper stated that the State has also authorized the imposition of fines up to $1,000. Mr. Ritter reminded members that the City has had a noise ordinance and the State is currently in the process of adopting one.
The motion to amend paragraph (d) of the proposed ordinance amendment to set the fines at “. . . at least $50 and not to exceed $250; for each subsequent offense such person shall be subject to a fine of at least $125 and not to exceed $500" was carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Ritter).
Mr. Pepper noted that section (b)(2) was being amended to delete “between the hours of 11:00 p.m. and 7:00 a.m.” and suggested striking “however, this does not preclude conviction of the violation during any other hour.
Mr. Ritter moved to amend section (b)(2) by deleting “. . . however, this does not preclude conviction of the violation during any other hour”, seconded by Mr. Hogan and carried by a unanimously roll call vote.
Mr. Ritter moved for adoption of the following ordinances, as amended, seconded by Mr. Hogan and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 14-8 - Excessive Noise Prohibited, Subsection (b) of the Dover Code be amended by deleting Paragraph (2) - Radios, phonographs, etc., Paragraph (13) - Drums, and Paragraph (15) - Pile drivers, hammers, etc., in their entirety and replaced as follows:
(2)Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(13)Drums. The use of any drum or other instrument or device for the purpose attracting attention by creation of noise to any public concerts, parades, performance, show or sale unless authorized by permit.
(15)Pile drivers, hammers, etc. Except under emergency situations, the operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, the use of which is attended by loud or unusual noise.
ADOPTED: JULY 26, 2004
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Section 14-8 - Excessive Noise Prohibited pf the Dover Code be amended by deleting Subsection (d) in its entirety and replaced as follows:
(d) The violation of any provision of this section shall be punishable by a fine of at least $50 and not to exceed $250; for each subsequent offense such person shall be subject to a fine of at least $125 and not to exceed $500. Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
ADOPTED: JULY 26, 2004
COUNCIL MEMBERS COMMENTS
Mr. Ritter commended the Chief Horvath and the Police Department for establishing the Quality of Life Task Force. It was his feeling that it was having a positive impact on the City.
Mayor Speed reminded members that Levy Court members would be discussing the ESE site at their meeting tomorrow night.
Mr. Salters thanked everyone for their cards, telephone calls, and well wishes during his convalescence.
Mr. Carey moved for adjournment, seconded by Mr. Slavin and unanimously carried.
Meeting Adjourned at 9:16 P.M.
TRACI A. McDOWELL
ASSISTANT CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 26, 2004, are hereby approved.
STEPHEN R. SPEED
MAYOR
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S:ClerksOfficeAgendas&MinutesCouncil-Minutes20047-26-2004.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Closing Agreement on Final Determination of Tax Liability and Specific Matters
Exhibit #2 - Correspondence - Becker Morgan Group