REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 12, 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, Ms. Russell, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista (departed at 7:43 p.m.), 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. Thomas G. Smith, 126 Hampton Dr. (Owner of Delaware Made, 214 S. State Street) advised members of the deplorable condition caused by skateboarders at Constitution Park. He stated that wax being used by skateboarders has caused damage and that there has been damage to the lights in Constitution Park. In order to avoid the continuation of this type of damage, he suggested that the Parks, Recreation, and Community Enhancement Committee consider providing an alternative site for skateboarders.
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. Ritter requested that item #10A be removed from the consent agenda.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Salters absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 28, 2004
The Minutes of the Regular Council Meeting of June 28, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Speed (with the exception of the following motions: 1) approval of the recommendation of the Parks, Recreation, and Community Enhancement Committee that up to $400,000 of the overage on the carry-forward into next year’s budget be set aside for the Parkland Reserve Fund in order to show that the City has $1M for the gymnasium and is serious about the project; and 2) to recommend passage of Senate Bill 352 and House Bill 533 and that the City Clerk notify the General Assembly of City Council’s recommendation).
MAYOR STEPHEN R. SPEED VETO - APPROVAL OF UP TO $400,000 FOR PARKLAND RESERVE FUND
During their Regular Meeting of June 28, 2004, members of Council considered the recommendation of the Parks, Recreation, and Community Enhancement Committee for providing additional funding for the Parkland Reserve Fund. By a vote of six (6) yes, two (2) no (Mr. Ritter and Mr. Hogan) and one (1) absent (Mr. Salters), Council approved up to $400,000 of the overage on the carry-forward into next year’s budget be set aside for the Parkland Reserve Fund in order to show that the City has $1M for the gymnasium and are serious about the project.
On July 7, 2004, the City Clerk received a letter from Mayor Stephen R. Speed disapproving the motion, which stated:
“I have decided to take this action because adoption of the referenced motion authorizes, for the purpose of building a gymnasium, diverting funds identified to offset previously unfunded future post-retirement benefits for City of Dover employees and retirees... In my opinion, diverting these funds to another purpose is fiscally irresponsible because it diverts resources designated to cover an obligated purpose in order to cover a desired purpose. It is likely to place an additional burden on future taxpayers and has the potential to endanger the medical pension benefits for the City’s employees and retirees... With this in mind, I have exercised my power of veto and hereby direct that you notify members of Council of this action for their consideration during the Regular Council Meeting of July 12, 2004.”
[It is noted that approval of the motion requires a 2/3 majority vote (six affirmative votes) since the original motion was vetoed by Mayor Speed.]
Mr. Carey moved to reaffirm previous Council action to approve that up to $400,000 of the overage on the carry-forward into next year’s budget be set aside for the Parkland Reserve Fund in order to show that the City has $1M for the gymnasium and is serious about the project. The motion was seconded by Mr. Hogan and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) absent (Mr. Salters).
MAYOR STEPHEN R. SPEED VETO - APPROVAL TO RECOMMEND PASSAGE OF SB 352 AND HB 533
During their Regular Meeting of June 28, 2004, members of Council considered a request for support of SB 352, exceptions in the Landlord Tenant Code and Fair Housing Act. By a vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) absent (Mr. Salters), Council approved recommending passage of SB 352 and HB 533 and that the City Clerk notify the General Assembly of City Council’s recommendation.
On July 7, 2004, the City Clerk received a letter from Mayor Stephen R. Speed disapproving the motion, which stated:
“My decision is based on the following factors: 1) current State law provides specific protections for tenants of residential rental property in Title 25, Section 51... Senate Bill 352 and House Bill 533 are attempts to thwart the intent of current State law to allow discrimination based on age, marital status, and occupation. The proposed amendment is targeted at a class of people, not illegal behavior... I refuse to support discrimination against THREE currently protected classes... 2) I believe the City Council acted illegally in discussing and moving for support of House Bill 533 because this proposed legislation was not listed for discussion on the agenda... nor did any member of Council move to add a discussion of House Bill 533 to the agenda. Senate Bill 352 and House Bill 533 affect separate and distinct portions of the State Code... With this in mind, I have exercised my power of veto and hereby direct that you notify members of Council of this action for their consideration during the Regular Council Meeting of July 12, 2004.”
[It is noted that approval of the motion requires a 2/3 majority vote (six affirmative votes) since the original motion was vetoed by Mayor Speed.]
Mr. Carey moved to reaffirm previous Council action to approve recommending passage of SB 352 and HB 533 and that the City Clerk notify the General Assembly of City Council’s recommendation. The motion was seconded by Mr. Hogan and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) absent (Mr. Salters).
RESOLUTION/PRESENTATION - CITY OF DOVER GOLD MEDALS - MICHAEL TEICHMAN, TROY NAY, AND MICHAEL SHEARON
By motion of Mr. Carey, seconded by Mr. Pitts, Council unanimously adopted the following Resolution:
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
Mayor Speed, along with Fire Chief Bashista, presented the Gold Medals of Valor to Mr. Troy Nay and Mr. Michael Shearon. Due to inclement weather, Mr. Teichman was unable to attend this meeting (presentation re-scheduled for July 26, 2004). Mayor Speed stated that it is a rare opportunity for the City to recognize individuals who have shown this type of true heroism and that the medal being presented is the highest award issued by the City of Dover.
Chief Bashista advised members that the victim has almost totally recovered and that, without the quick actions of these gentlemen, he would not be with us today. The family was not able to attend this meeting and requested that he relay their heartfelt appreciation.
PUBLIC HEARING/FINAL READING - PROPOSED LAND AND ZONING TEXT AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed land and zoning text amendments that propose to establish application fees or increase existing application fees. Mr. Galvin advised members that the Planning Commission recommended approval of the proposed amendments.
Council President Williams declared the hearing open.
There being no one present wishing to speak during the public hearing, Council President Williams declared the hearing closed.
Mr. Hogan moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Carey and carried with Mr. Ritter voting no.
Mr. Carey moved for adoption of the following ordinances, seconded by Mr. Pitts and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter) and one (1) absent (Mr. Salters) (the First Reading of these ordinances was accomplished during the Council Meeting of June 14, 2004):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix A, Article IV, Section A(2) (Conceptual Subdivision Plans) be amended to read “Following this step, the subdivider shall submit to the commission pre-application plans and data as specified in Article V, Section A, with a filing fee of two hundred dollars ($200.00).”; and
BE IT FURTHER ORDAINED that Appendix A, Article IV, Section B(2) (Preliminary Subdivision Plans) be amended to read “Application for conditional approval of the preliminary layout shall be submitted in writing for a filing fee of three hundred twenty five dollars ($325.00) by the subdivider to the commission…”; and
BE IT FURTHER ORDAINED that Appendix A, Article IV, Section C(3) (Final Plat) be amended to read “…the plat review fee of one hundred fifty dollars ($150.00), plus sixty five dollars ($65.00) per acre for the first ten (10) acres, forty dollars ($40.00) per acre for the next ten (10) acres and twenty five dollars ($25.00) per acre for each acre thereafter. Plats for minor lot line adjustments shall require a review fee of one hundred dollars ($100.00). Plats for minor subdivisions shall require a review fee of one hundred dollars ($100.00).”; and
BE IT FURTHER ORDAINED that Appendix B, Article 3, Section 24.2 (PND: Review Process) be amended to read “Review Process. The planned neighborhood design option shall involve a three-step review and approval process. In the first step, the developer shall meet with the City Council and present a general sketch plan and a statement documenting the projects compliance with the goals of the comprehensive plan for review. The general sketch plan shall reflect the general layout of streets, open space, and housing areas and types. Each application for a general sketch plan review shall be accompanied by a fee of one hundred dollars ($100.00). The City Council shall determine whether the proposed project is of such a design and type that it warrants further review by the Planning Commission.”; and
BE IT FURTHER ORDAINED that Appendix B, Article 3, Section 24.81 (PND: Conditional Use Plan) be added to read “Each application for a conditional use plan approval shall be accompanied by a fee of two hundred dollars ($200.00) plus ten dollars ($10.00) per acre.”; and
BE IT FURTHER ORDAINED that Appendix B, Article 3, Section 24.91 (PND: Site Development Preliminary Subdivision Plan Review) be added to read “Each application for a preliminary plan approval shall be accompanied by a fee of three hundred twenty five dollars ($325.00) plus twenty dollars ($20.00) per acre.”; and
BE IT FURTHER ORDAINED that Appendix B, Article 3, Section 24.101 (PND: Final Subdivision Plat Approval) be added to read “Each application for a preliminary plan approval shall be accompanied by a fee of two hundred fifty dollars ($250.00).”; and
BE IT FURTHER ORDAINED that Appendix B, Article 9, Section 3.5 (Board of Adjustment) be amended to read “All appeals and applications made to the Board of Adjustment shall be in writing, on forms prescribed by the board and approved by the planning commission. All Variance requests for residential uses shall be accompanied by a fee of two hundred dollars ($200.00). All Variance requests for non-residential uses shall be accompanied by a fee of three hundred dollars ($300.00). All Appeals from an order, requirement, decision or determination made by an administrative official, board or agency of the City shall be accompanied by a fee of two hundred dollars ($200.00).” The Board of Adjustment may, in its discretion, return to the applicant part or all of the fee paid by him in the event that his appeal under Section 2.1 (Interpretation) hereof is partially or wholly successful. The fees filed in connection with applications under Section 2.2 (Variances) shall not be returnable regardless of disposition of the case by the board; and
BE IT FURTHER ORDAINED that Appendix B, Article 10, Section 1.52 (Conditional Use) be amended to read “Each application for a conditional use permit shall be accompanied by a fee of three hundred twenty five dollars ($325.00) plus fifteen dollars ($15.00) per acre of the area or multiple thereof involved in the application.”; and
BE IT FURTHER ORDAINED that Appendix B, Article 10, Section 2.45 (Site Development Plan) be amended to read “The application for site development plan approval shall be accompanied by a fee of three hundred twenty five dollars ($325.00). Applications for Administrative Site Plans shall be accompanied by a fee of one hundred twenty five dollars ($125.00).”; and
BE IT FURTHER ORDAINED that Appendix B, Article 10, Section 5.12 (Amendments) be amended to read “Each petition for a rezoning amendment shall be accompanied by a minimum fee of three hundred twenty five dollars ($325.00).”
ADOPTED: JULY 12, 2004
PUBLIC HEARING/FINAL READING - REZONING
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1021 College Road (north side of College Road, west of the intersection with McKee Road), consisting of 5.7 acres, owned by Mary E. McKee. The property is currently zoned R-8 (One Family Residence) and the proposed zoning is C-PO (Commercial/Professional Office). A letter was received requesting that the rezoning request be withdrawn.
Mr. Carey moved to accept the letter withdrawing the submission of the rezoning application for property located at 1021 College Road, owned by Mary E. McKee, seconded by Mr. Hogan and unanimously carried.
PUBLIC HEARING - LAND DEVELOPMENT PLAN AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003: LANDS OF MARY MCKEE
A public hearing was duly advertised for this time and place to consider a Land Development Plan Amendment to the Comprehensive Plan Update 2003 for property located on the north side of College Road, east of the intersection with McKee Road, consisting of 5.7 acres. The land use type is designated as Medium Density Residential on Map 11-1. An application has been received to rezone the property to a zoning classification that is identified as inconsistent with Map 11-1. The appropriate land use type for the proposed zoning would be Office and Office Parks.
Mr. Galvin, Director of Planning and Inspections, advised members that the Land Development Plan Amendment was specifically related to the request for rezoning of the McKee property at 1021 College Road. Since the request to withdraw that rezoning application was accepted, he requested that the Land Development Plan Amendment be withdrawn as well.
Mr. Hogan moved to accept staff’s request to withdraw the Land Development Plan Amendment, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 650 BAY ROAD, OWNED BY ROBINO-BAY COURT PLAZA, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located at 650 Bay Road, consisting of 3.4068 acres of a larger parcel, owned by Robino-Bay Court Plaza, LLC. The property is currently zoned SC-2 (Community Shopping Center) and the proposed zoning is C-4 (Highway Commercial).
Planner's Review
Mr. Galvin, Director of Planning and Inspections, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 1).
Public Hearing
Council President Williams declared the hearing open.
In support of the application, Mr. Greg Scott of Scott Engineering indicated that also in attendance was Mr. Tom McKee representing Seneca Properties, property manager for Robino-Bay Court Plaza, LLC. Mr. Scott explained the proposed use of the property and that it is felt that the property offers an excellent location for ingress and egress of traffic. He also stated that it is hoped that this development (convenience store, gas pumps, and another pad site) will help rejuvenate the area.
Council President Williams declared the hearing closed.
Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and, by a unanimous roll call vote (Mr. Salters absent), Council adopted the following ordinance (The First Reading of this ordinance was accomplished during the Council Meeting of May 24, 2004):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 650 BAY ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from SC-2 (Community Shopping Center) to C-4 (Highway Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from SC-2 to C-4 on that property located at 650 Bay Road, owned by Robino - Bay Court Plaza, LLC.
ADOPTED: JULY 12, 2004
UTILITY COMMITTEE REPORT - JUNE 28, 2004
The Utility Committee met on June 28, 2004 with Chairman Carey presiding.
Annexation Request - 2507 and 2521 Chestnut Grove Road
Members were provided the Petition to Annex and Zone Property, the Findings and Recommendations of the Dover Planning Commission, and a Cost/Revenue Analysis Summary for property located at 2507 and 2521 Chestnut Grove Road (As on File in the Office of the City Clerk). Mr. Galvin, City Planner, advised members that this parcel was only a portion of the property that was studied and, therefore, the analysis was scaled down to reflect the size of the subject annexation.
Mr. Galvin noted that the Planning Commission recommended approval of the annexation and that the property be zoned RG-2 (General Residence). The motion for approval suggested that the Site Plan should include recommendations from DelDOT for future improvements to the intersection of Chestnut Grove Road and Kenton Road, in keeping with the increased traffic in the area.
The committee recommended approval of the Planning Commission’s recommendation for annexation of property located at 2507 and 2521 Chestnut Grove Road. City Clerk’s Office Note: Consideration of an annexation request by the committee is to consider infrastructure issues and the ability of providing city services; therefore, approval of the committee’s recommendation does not annex said property. During their Regular Meeting of June 28, 2004, City Council set a Annexation Referendum for July 29, 2004 for property located at 2507 and 2521 Chestnut Grove Road. Final action on this annexation request will take place during the Council Meeting of August 9, 2004.
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 (Mr. Salters absent).
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JUNE 28, 2004
The Legislative, Finance, and Administration Committee met on June 28, 2004 with Councilman Slavin presiding in the absence of Chairman Salters.
Updated Employee Handbook
The Human Resources Director, Mr. Szyjka, had provided members with an Updated Employee Handbook in April 2004 for their review. He advised members that the present Employee Handbook is 20 years old. Since its inception, numerous laws and procedures have changed. The revisions to the handbook were reviewed and agreed upon by the Human Relations Commission (EEO Section) and Civilian Pension Board (changes for retirees). In addition, a draft handbook was previously distributed to and reviewed by Council in January 2003 and appropriate changes were made as suggested.
The committee recommended acceptance of the Updated Employee Handbook as presented (as on file in the Office of the City Clerk).
Mr. Ritter questioned the purpose and reasoning for changing the verbage in Article 4, relative to Equal Opportunity and Affirmative Action. Responding, Mr. DePrima stated that most changes came from the following: 1) the Human Relations Commission to broaden the scope of the Article; 2) the need to bring it into alignment with current State and Federal Executive Orders; and 3) the need to bring it into alignment with current practices. Mr. Ritter read the following statement:
“There was a time when African Americans and Women could not even vote in America. Because of the color of their skin and gender, they were discriminated against. Employment laws and policies had to be reformed to protect these groups as they could be discriminated against by virtue of their appearance. To offer the affirmative action relative to sexual orientation is wrong because sexual orientation cannot be determined without it purposely being disclosed. It’s inappropriate to have discussions about private matters, such as sexual preference, during the process of an employment interview for a city job. Sexual preference has absolutely nothing to do with an individual’s qualifications. The path is being paved to mandate quotas for such individuals as they apply to true minorities. This policy is a slap in the face to women and African Americans who have faced true and historical documented discrimination.”
It was Mr. Ruane’s opinion that the revised wording does not reflect an affirmative action umbrella or mandate a quota. Like most anti-discrimination provisions, the City is simply prohibiting the use of certain characteristics for the basis of decision making.
Mr. Ritter moved to amend Article 4 by eliminating the words “sexual orientation”. The motion failed for the lack of a second.
Mr. Slavin moved for acceptance of the Updated Employee Handbook, as recommended by the committee and presented by the Human Resources Director, seconded by Mr. Ruane and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) absent (Mr. Salters).
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.
SAFETY ADVISORY COMMITTEE REPORT - JUNE 30, 2004
The Safety Advisory Committee met on June 30, 2004 with Chairman Ritter presiding.
Proposed Ordinance Amendments to Section 14-8 - Excessive Noise Prohibited
During their Regular Meeting of June 16, 2004, members were provided with the proposed S.B. 165, which would create a motor vehicle crime for playing one's stereo too loudly. Violators would be subject to a fine of at least $100 and not to exceed $500; with each subsequent offense, such person would be subject to a fine of at least $250 and not to exceed $1,000. Members were also provided with Section 14-8 of the Dover Code which prohibits excessive noise and provides for a fine of not less than $50 nor more than $100.
The committee recommended that staff develop a proposed ordinance amendment to Section 14-8 of the Dover Code to include the suggestions of the committee and that, if the City Solicitor determines that certain stereos can be prohibited in motor vehicles, staff draft a letter to the General Assembly requesting that they consider this possibility, and that the proposed amendments and letter be brought back to the committee for their review and recommendation.
Members reviewed the proposed amendment and suggested that Sec. 14-8 (b)(13) be amended by including "unless authorized by permit" at the end of the sentence.
The committee recommended approval of the proposed ordinance amendment, to include the addition of "unless authorized by permit" at the end of Sec. 14-8 (b)(13).
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 (Mr. Salters absent).
Update - Police Department Complaints/Code Enforcement Issues - Governors Avenue
Mrs. Fran Savin, 226 N. Governors Avenue, stated that she has been dealing with noise and parking issues related to Wesley College students for the past two (2) or three (3) years. She expressed her continued concern that the police are not taking action when complaints are made. Mrs. Savin stated that when students are cited, the citation is not associated with the leaseholder at that address; therefore, there is no way of tracking how many complaints are made against a certain address. She reminded members of the agreement between the City and Wesley College which stipulates that when students received three (3) violations within a certain amount of time, they are to be kicked out of school.
Chief Horvath noted that they received 11 noise complaints in 2004 for the North Governors Avenue area and nine (9) arrests were made for loud music at residences. He also noted that 27 Wesley College students were arrested for underage consumption. Chief Horvath noted that Wesley College was notified of each arrest and he was under the impression that the students would be kicked out of school after three (3) violations within one (1) year.
During the committee meeting, Mr. Ruane recalled that the ordinance that was developed indicated that landlords were to be notified when offenses occurred and those offenses were to be tracked by address. He 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. Mr. Ruane stated that he has not yet seen a connection between the Planning and Inspections Office, the Police Department, and the landlords. He suggested that the list of arrests be compared with the student housing list to see if there is a connection between the two.
Mr. Ruane requested that Mr. Galvin have the housing inspector provide an update on student housing data for the last year at the next meeting. Chief Horvath, noting that there was a military rental with numerous noise violations, cautioned against focusing only on student housing.
There was no further action taken.
Update - Police Department Complaints/Code Enforcement Issues - North New Street
Mr. O'Brien provided a detailed list of 22 violations he witnessed within the past two (2) weeks. He stated that two (2) residents in the area have recently moved due to the noise. Mr. O'Brien stated that he did not feel he should have to sign a warrant in order for tickets to be issued for noise violations.
Mr. Ritter noted that the loud car music was a safety issue, as well as a quality of life issue, since the loud music prevents the drivers from hearing emergency vehicle sirens. Chief Horvath advised members that a six (6) man task force had been created to deal with quality of life issues. He noted that 71 loud noise tickets were issued between June 18th and June 29th using a plain clothed officer stationed in the middle of Loockerman Street and two (2) officers stationed at each end of the street. Chief Horvath stated that the task force would be working in Mr. O'Brien's neighborhood, as well as in City parks.
Chief Horvath stated that, as a whole, crime in the City of Dover is lower than it has ever been and they are making a difference, slowly, but surely.
There was no further action taken.
Information - "John School" (Weed & Seed Program)
Ms. Sherwanda Rachal, Weed and Seed Program Coordinator, advised members that a community needs assessment and resident input identified prostitution as a major area of concern within the Weed and Seed area. In response, a "John School" was developed to provide assessment, education, and treatment for offenders. Ms. Rachal explained that attendance at the "John School" could be a condition of probation for a "John" who is convicted of patronizing a prostitute. She also noted that the offender would be required to pay for the school. Members were provided a pamphlet on the "John School" (as on file in the Office of the City Clerk). Ms. Rachal stated that they have begun working on a "Jane School" for the prostitutes.
There was no further action taken.
Presentation by Police Chief - Alternative Plans to Deter Crimes in City Parks
Chief Horvath provided the following statistics on complaints in City parks:
√40 reported incidents in White Oak Park during the past 14 months or 1 (one) reported incident every 9.9 days
√72 reported incidents at Silver Lake (east and west sides) during a 396 day period or 1 (one) reported incident every 5.5 days
Chief Horvath noted that the issuance of permits for parties within the parks is now being coordinated between the Police and Parks and Recreation Department. They have also stopped issuing permits for graduation parties; therefore, those complaints have been eliminated.
It was Chief Horvath's feeling that the parks do not need dedicated police officers. He noted that the gates are closed every evening and re-opened in the mornings and patrols are increased during the summer.
There was no further action taken.
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.
BID - TELEPHONE/VOICEMAIL SYSTEM UPGRADE
Chief Horvath advised members that the current telephone/voicemail system for the Police Department is made by Executone and is currently not working, explaining that the voicemail part of the system went down over the July 4th weekend. Although Executone had been contacted to repair the system, it has not been determined when or if they will be able to repair the system or how much it will cost. The last time the voicemail became inoperable, it took several weeks to repair because the parts needed were obsolete. Chief Horvath stated that the voicemail system is vital to the department because it is used for primary notification to all police officers for their court subpoenas.
Staff recommended approval of the telephone/voicemail system upgrade, to include the installation, equipment, and training needed to replace the old telephone and voicemail system and a one-year warranty on parts and labor, at a cost of $31,335 from Collins Business Systems of Newark, Delaware. Chief Horvath advised members that since Collins Business Systems is the State contract vendor source for this type of equipment, bids were not required for this project.
Mr. Carey moved for approval of the telephone/voicemail system upgrade for the Dover Police Department at a cost of $31, 335 from Collins Business Systems of Newark, Delaware. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent).
FIRST READING - PROPOSED ORDINANCE
Mr. Hogan moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Slavin and unanimously carried. Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of July 26, 2004.
Mr. Hogan moved for acknowledgment of the First Reading of the following proposed ordinance, by title only, seconded by Mr. Slavin and unanimously carried:
SECTION 14-8 - EXCESSIVE NOISE PROHIBITED
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of June 28, 2004.
Section 14-8 - Excessive Noise Prohibited, Paragraph 17 - Engine Compression Brakes
Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Pitts and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Hogan 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:
That Section 14-8, Excessive Noise Prohibited, of the Dover Code be amended by adding a new paragraph to Subsection (b), as follows:
(17)Engine Compression Brakes. No person shall operate an engine compression brake within the City of Dover limits, with the exception of emergency vehicles where the use of said compression brake is necessary for the protection of persons or property. “Engine compression brake” refers to any motor vehicle brake that is operated by the compression of the engine of the motor vehicle or any unit or part thereof.
ADOPTED: JULY 12, 2004
COUNCIL MEMBERS COMMENTS
Mr. Sadusky thanked Mr. DePrima and Mr. Koenig for their part in the placement of signage, including new stop signs, on Kesselring Avenue, which were installed today.
Mr. Slavin moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:12 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 12, 2004, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20047-12-2004.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Rezoning of Property Located at 650 Bay Road, Owned by Robino-Bay Court Plaza, LLC