SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee Meeting was held on June 16, 2004, at 7:00 p.m. in the Public Assembly Room at the Police Station, with Chairman Ritter presiding. Members present were Councilmen Carey (arrived at 7:21 p.m.) and Pitts (departed at 8:02 p.m.), Mr. Lakeman, and Mr. Simmons (arrived at 7:26 p.m.). Councilman Ruane was also present.

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

AGENDA ADDITIONS/DELETIONS

Mr. Ritter suggested that item #4 be moved to be considered as item #2, noting that it and agenda item #1 both involve amendments to Section 14-8 of the Dover Code.

Mr. Pitts moved for approval of the agenda, as amended, seconded by Mr. Lakeman and unanimously carried.

Discussion - Proposed State Legislation, S.B. 165, An Act to Amend Title 21 of the Delaware Code Relating to Unlawful Use of Sound Devices and Section 14-8 of the Dover Code

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.

Responding to Mr. Ritter, Major Harding explained the difficulty in enforcing the City’s noise ordinance, stating that there are some interpretation issues and that when an offender sees a police officer, they tend to turn the noise down. It was his opinion that fines can sometimes act as a deterrent; however, that is not always the case.

Mr. Tom Whittendale, 968 S. Governors Avenue, explained that his family is constantly disturbed by loud car stereos. In response to Major Harding, Mr. Whittendale suggested that officers could easily make arrests by identifying “hot spots” throughout the City and that officers could concentrate their efforts in those areas.

Mrs. Greta Whittendale, 968 S. Governors Avenue, read a letter into the record (Attachment #1). She understands that the offenses happen so quickly, there is not enough time to get a vehicle license plate to report the offense. She noted that the stereos are overbuilt for vehicles and that they should not be permitted. Mrs. Whittendale questioned the possibility of prohibiting the use of such “monsterous” stereos in vehicles and that the stereos could be inspected to assure that they are not installed.

Mr. Robert Vincelette, Houston, Delaware, stated his concerns with certain individuals forcing their choice of music onto others. He suggested three ideas, as follows: 1) questioned if citizens could file complaints for noise violations by obtaining license plate numbers; 2) having non-uniform police officer witness a violation and having another officer come make the arrest; and 3) suggested that a lawyer be secured to file a class action lawsuit against the stereo speaker manufacturers.

Mrs. Beulah Gray, 722 Forrest Street, advised members that the storage facility across from her home, and many other residential homes of senior citizens, cuts their grass and performs trim work between 12:00 midnight and 4:00 a.m. She has made several complaints to the City and State for this same offense; however, nothing has been done for three (3) years to stop this type of activity from occurring during the middle of the night.

Responding to Mr. Ruane, Mr. Galvin explained that the police have authority to enforce the law on public and private rights-of-way and that the inspectors have the authority to enforce the law on private property. Mr. DePrima explained that inspectors are not trained to handle the same types of situations that the police are trained for and relayed concern for the safety of an inspector that would be asked to handle such complaints.

Mr. Michael von Reider, 740 E. Division Street, agreed with the previous suggestion that would prohibit stereos that produce a certain decibel in vehicles, noting that there are States that have outlawed radar detectors. He also questioned if a video of an offense could be used to prove an audio offense if the complaint was filed.

Responding, Major Harding stated that although videos can be used, the individual that witnessed the offense would have to sign the complaint.

Mr. Frank Tenusak, 880 Schoolhouse Lane, felt that the efficient way to eliminate the problem would be to outlaw certain stereo systems in vehicles and suggested that the City recommend to the State General Assembly consideration of legislation.

After much consideration, Mr. Ritter suggested amendments to Section 14-8 of the Dover Code, such as paragraph (b)(2) by eliminating any reference to time (“between the hours of 11:00 p.m. and 7:00 a.m.”); paragraph (d) by increasing the fines equal to the fines proposed in S.B. 165; paragraph (b)(9) by including a time permitted; paragraph (b)(13) by inserting “public concerts, parades,” prior to “performance, show or sale”; and paragraph (b)(15) by including allowance under emergency situations. If other members have additional amendments, Mr. Ritter requested that they relay them to the City Clerk or himself and that the proposed ordinance amendment be brought back to the committee for their review and recommendation to City Council. Mr. Ritter also suggested that the committee consider sending a letter to the State Legislators suggesting that large stereos be outlawed in motor vehicles. He requested that the City Clerk obtain a legal opinion from the City Solicitor regarding this matter.

Mr. Carey moved to recommend 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. The motion was seconded by Mr. Lakeman and unanimously carried.

Proposed Ordinance Amendment - Section 14-8, Paragraph (b)(17) - Engine Compression Brakes

Resulting from concerns regarding engine compression brake noise, during the Transportation Review Committee meeting of February 10, 2004, members approved the concept of adoption of an ordinance that would prohibit these devices.

Mr. DePrima advised members that the Towns of Smyrna and Seaford have ordinances that prohibit the operation of engine compression brakes and that the ordinances were considered to be effective in reducing the noise problems for both communities. Staff recommended adoption of a proposed ordinance that would amend Section 14-8 of the Dover Code to prohibit the operation of engine compression brakes within the City of Dover limits.

Mr. DePrima advised members that the committee had also recommended that advisory signs be placed in appropriate locations and that the Police Department appropriately advise the public, particularly trucking firms located in Dover.

For clarification, it was suggested that the proposed ordinance be amended by replacing the word “situations” with “vehicles”.

Mr. Jim Parish, 858 Horsepond Road, attested to the noise caused by trucks utilizing engine compression brakes. He stated that the noise begins at 7:00 a.m. and continues throughout the day. He supported the proposed ordinance that would prohibit the use of engine compression brakes.

Concurring, Mr. von Reider, 720 E. Division Street, advised members that there are gross violators and offered the names of trucking companies that he has observed as the worst offenders: Wilson Trucking from Clayton and Calhoun Trucking from Dover. He suggested that the City contact them immediately upon passage of the law.

Mr. Carey moved to recommend adoption of the proposed ordinance amending Section 14-8 of the Dover Code, including the amendment to replace the word “situations” with “vehicles” (Attachment #2). The motion was seconded by Mr. Simmons and unanimously carried.

Presentation - Interim Long Range Transportation Plan

Ms. Juanita Wieczoreck, Executive Director of the Dover/Kent County Metropolitan Planning Organization, presented the Organization’s Interim Long Range Transportation Plan and the Long Range Transportation Plan for 2025 (as on file in the Office of the City Clerk). She explained that the Interim Plan supplements the 2025 Plan and was developed to satisfy the U.S. Department of Transportation regulations regarding a lapse in an air quality conformity determination. The Dover/Kent County MPO’s air quality conformity determination will lapse on July 21, 2004.

Ms. Wieczoreck explained that the Interim Plan discusses changes in population and employment since the 2025 Plan and outlines the projects and policies that can be continued during the conformity lapse. The planning horizon for the Interim Plan is the year 2030. She requested that members review the Interim Plan and contact the MPO Office with any questions or comments. The 30-day public review period begins this week and will end on July 7, 2004 at the next MPO Council Meeting. She invited the public to attend the meeting which will be held from 3:00 p.m. to 5:00 p.m. in the MPO conference room at the Blue Hen Corporate Center.

Mrs. Janice Sibbald, 144 Blue Beach Drive, advised members that she utilizes electric lawn mowers and that her vehicle is gasoline and electric powered. She recently read an article regarding the use of cooking oil from restaurants to help reduce emissions.

Mr. Frank Tenusak, 880 Schoolhouse Lane, questioned the availability of transportation for non-commuter service. He has been inquiring about traveling from Dover to the University of Delaware in Newark and has not been able to contact anyone to assist him. Responding, Ms. Weiczoreck stated that she would obtain contact information after the meeting and relay it to the appropriate department for responding.

Referring to page 23, Multi-Modal column, Mr. Ruane questioned the “Complete Loockerman Street Bridge sidewalk improvements” project. Responding, Ms. Wieczoreck stated that the project was to include drainage issues around the bridge. For clarification, Mr. Ruane suggested that the project be reworded.

Updates - Police Department Complaints/Code Enforcement Issues - Governors Avenue (Fran Savin) and North New Street (Eric O’Brien)

Mr. Ritter noted that neither Mrs. Savin nor Mr. O’Brien were available to make this meeting; therefore, he suggested that discussion be deferred until the next committee meeting.

Mr. Ritter questioned if members had any future agenda items they wished to have considered by the committee and, if so, suggested that they contact the City Clerk or himself.

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

Meeting Adjourned at 8:45 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robert G. Ritter, Jr.

Chairman

RGR/jg

S:ClerksOfficeAgendas&MinutesCommittee-Minutes20046-16-2004-Safety.wpd

Attachments

Attachment #1- Letter from Greta Whittendale Dated June 16, 2004

Attachment #2 - Proposed Ordinance Amendment - Section 14-8