REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 8, 2003 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Ms. Melson, Deputy Chief Boyer, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Ritter requested that item #6, Comptroller/Audit Review - Mayor’s Budget, be deferred until the meeting of September 22, 2003 due to the lack of information which was requested during the committee meeting.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 25, 2003
The Minutes of the Regular Council Meeting of August 25, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Truitt, and bore the written approval of Mayor Hutchison.
ANNOUNCEMENT - DOVER HUMAN RELATIONS COMMISSION - LOGO CONTEST
Mrs. Phyllis Levitt, Dover Human Relations Commissioner, informed members that a contest was held to develop a logo depicting the Commission’s mission statement. She stated that they received submissions from 12 (twelve) artists and the Public Relations Committee, as well as the entire Human Relations Commission, narrowed the selection to two (2) of the logos submitted.
Mr. John Waters, winner of the logo contest, presented the final design and provided a brief explanation of how he arrived at his design.
Mrs. Levitt stated that they would begin using the logo on their upcoming baseline survey of the community.
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 18 SOUTH QUEEN STREET, OWNED BY JUANITA G. CARTER
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 18 South Queen Street, owned by Juanita G. Carter. Mr. Jerome Cooper, Acting Building Inspector, stated that the property was declared dangerous on May 23, 2003, and that it had been left vacant and unattended for more than three (3) months. Deterioration of the building is being accelerated by weather and lack of maintenance. There is extensive exterior and interior damage requiring repair. Mr. Cooper stated that the property consists of a two-story frame single family dwelling and the cost of demolition is estimated at approximately $8,000 to $10,000.
Staff recommended that City Council take the following action for property located at 18 South Queen Street: 1) declare the subject property dangerous; 2) order the property repaired or demolished by September 18, 2003 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within ten (10) days of the date set by Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.
Council President McGlumphy declared the public hearing open.
With no one present wishing to speak, Council President McGlumphy declared the public hearing closed.
Mr. Pitts moved that the structure located at 18 South Queen Street be declared a dangerous building and ordered that the property be demolished or repaired, in accordance with the process recommended by staff. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 870 FORREST STREET, OWNED BY BENNIE SMITH
Ms. Melson, Interim City Planner, informed members that, due to improper public notification by the applicant, the Planning Commission had not yet considered the application to rezone the property located at 870 Forrest Street from RG-1 (General Residence) and COZ-1 (Corridor Overlay) to C-PO (Commercial/Professional Office) and COZ-1 (Corridor Overlay). The First Reading of the proposed ordinance was accomplished during the Council Meeting of July 28, 2003.
Ms. Melson suggested that, since the Public Hearing before Council was advertised, Council could hold the public hearing then defer action until after the Planning Commission meeting scheduled for September 15, 2003.
Ms. Melson reviewed the petition to amend the zoning district (Exhibit #1). She indicated that the Planning Commission’s recommendation would be forwarded after their September 15, 2003 meeting.
Council President McGlumphy declared the hearing open. There being no one present wishing to speak, Council President McGlumphy declared the hearing closed.
Mr. Speed moved to defer final action on the request for rezoning from RG-1 (General Residence) and COZ-1 (Corridor Overlay) to C-PO (Commercial/Professional Office) and COZ-1 (Corridor Overlay) for property located at 870 Forrest Street, owned by Bennie Smith, until September 22, 2003. The motion was seconded by Mr. Truitt and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1486 Forrest Avenue, containing approximately 2.10 +/- acres, owned by Wawa, Inc. The property is currently zoned C-1A (Limited Commercial) and COZ-1 (Corridor Overlay) and the proposed zoning is C-PO (Commercial/Professional Office) and COZ-1 (Corridor Overlay).
Ms. Melson reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended that the request for rezoning be approved and that, due to project timing, the existing retail establishment be permitted to continue on the subject property until the adjacent new location is constructed.
Mr. Gregg Moore, Becker Morgan Group, representing the equitable owner, WSFS, was available to answer questions.
Council President McGlumphy declared the hearing open.
Mr. Richard L. Ornauer, Government Relations Chairman of the Mifflin Road Neighborhood Association, requested members to approve the application. He stated that they would prefer a 9:00 a.m. to 5:00 p.m. operation, as opposed to the 24-hour operation that currently exists.
Council President McGlumphy declared the hearing closed.
Mr. Speed moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of July 28, 2003.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1486 FORREST AVENUE
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 C-1A (Limited Commercial Zone) and COZ-1 (Corridor Overlay Zone) to C-PO (Commercial/Professional Office Zone) and COZ-1 (Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
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 C-1A (Limited Commercial Zone) and COZ-1 (Corridor Overlay Zone) to C-PO (Commercial/Professional Office Zone) and COZ-1 (Corridor Overlay Zone) on that property located at 1486 Forrest Avenue, containing approximately 2.10 +/- acres, owned by Wawa, Inc.
ADOPTED: SEPTEMBER 8, 2003
LEGISLATIVE AND FINANCE COMMITTEE REPORT - AUGUST 25, 2003
The Legislative and Finance Committee met on August 25, 2003, with Chairman Speed presiding.
Discussion - Proposed Ordinance Amendments to Chapter 2 - Administration, Article VIII - Committees - Council Standing Committees
Members were advised that, during the past couple of years, there had been discussion regarding the work required of Council Standing Committees, their assignments, and how improvements could be made in this regard. As in many communities, the City has grown and changes have occurred. As a result, it was suggested that the City review its current Standing Committees for possible revisions. Staff explained that there has been some confusion among staff members, as well as Council, regarding how the various Committee items were assigned to particular Committees. In addition, they were advised that there were some inquiries regarding the Transportation Review Committee serving as a Council Standing Committee. In order to alleviate some of the concerns regarding agenda items for the City’s Standing Committees, it was suggested that staff review for possible amendments. Based on detailed research, Mrs. Green developed proposed alternative revisions to the City’s Standing Committees for the committee’s review.
Mr. Ruane stressed the importance of the Transportation Review Committee and advised members of the advantages as a result of this committee. He also stated that the volunteer members have contributed a great deal and favors members being compensated. Mr. Ruane indicated that currently the Transportation Review Committee meets once a month and that, due to the length and subject matters reviewed by this committee, he would discourage their meetings being held the same night as the current Council Standing Committees. Mrs. Green indicated that the Transportation Review Committee was established by a Resolution; prior to the Resolution it was an ad-hoc committee.
The committee recommended an ordinance amendment to incorporate the Transportation Review Committee as a Council Standing Committee.
Mr. Speed noted that items effecting the Mayor and Council budgets were not included under any of the committees and recommended that those items be referred to the Legislative and Finance Committee. In addition, he requested that the City Manager’s Office, and any other missing departments or any new department, be assigned to this committee. For clarification, Mr. Ruane noted that each of the committee’s “Functions” note that they “shall act as an advisory board...” and suggested that they be amended by replacing “board” with “committee”.
The committee recommended adoption of the proposed ordinance amendments to Chapter 2 - Administration, Article VIII - Committees, of the Dover Code, including the recommendations of Mr. Speed and Mr. Ruane.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Ritter.
Mr. Carey stated that although he supported making the Transportation Committee a standing committee, he felt that consideration of items pertaining to street maintenance and the dedication of streets should remain with the Utility Committee.
Mr. Carey moved to amend Division 3.5. Transportation Review Committee, Section 2-172 - Functions, of the proposed ordinance by deleting “shall advise City Council on the installation, maintenance, repair, improvement, and relocation of streets;” and Division 3. Utility Committee, Section 2-168 - Functions, by inserting “shall advise City Council on the installation, maintenance, repair, improvement, and relocation of streets;”. The motion was seconded by Mr. Ruane and carried by a unanimous roll call vote.
The motion for approval of the committee’s recommendation, as amended, was carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance Amendments - Doubling of Fines Not Paid Within 14 Days - Amendments to several Sections of the Dover Code
During their Regular Meeting of July 14, 2003, City Council considered recommendations of the Financial Oversight Committee which pertained to ordinance amendments within the Police Department. Council approved the committee’s recommendation to allow fines to double if they were not paid within 14 days. It was noted that if the Council felt that the recommendations had merit, the proper ordinance amendments would be resubmitted to the committee and Council for further review. Since the City’s fines are scattered throughout the Code, the City Solicitor was requested to draft the appropriate ordinance amendments. As a result, the City Solicitor presented proposed ordinance amendments that would allow fines to double if not paid within 14 days for consideration.
Responding to Mr. Ritter, Mr. DePrima was unsure of the Police Department’s current procedure for fines received after the due date; however, the Planning and Inspections Department would work with individuals and allow more time if a good faith effort was being made to pay the fine.
Mr. Salters shared reservations on supporting the proposed amendment and suggested increasing the time from 14 days to 30 days. Mr. DePrima stated that the original recommendation was 10 days and the committee recommendation was to increase the time to 14 days to compensate for an individuals paycheck period.
The committee recommended adoption of the proposed ordinance amendments to allow for fines to double if not paid within 14 days.
Mr. Speed noted that Section 10-96 of the proposed ordinance included the doubling of a fine that was not actually a fine.
Mr. Speed moved for approval of the committee’s recommendation, excluding Division 2 - Permit, Section 10-96 - Generally. The motion was seconded by Mr. Salters and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ritter). (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance Amendment - Section 1-10 - General Penalty for Violation of Code; Separate Offenses
Members were provided a proposed amendment to Section 1-10 of the Dover Code that would increase the maximum fine amount from $100 to $1,000. When Section 17 of the Charter was amended to provide for a maximum penalty for violation in the amount of $1,000, the change was not made to the Code. In order to coincide with Section 17, Ordinances - Authorized; Maximum Penalty, staff recommended approval of the ordinance amendment to Section 1-10, General Penalty for Violation of Code; Separate Offenses.
The committee recommended adoption of the proposed ordinance amendment to Section 1-10 of the Dover Code to increase the maximum fine amount to $1,000.00.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
Acceptance of Revised Census Data
Members were reminded that as a result of a review and analysis of the 2000 Census Block Data, the Planning staff detected 34 block area discrepancies. During their Regular Meeting of February 11, 2002, City Council authorized the City Planner to pursue corrective action through the Count Question Resolution process for the various census blocks that were identified as having a high probability of error.
As a result of the Count Question Resolution, the U.S. Census Bureau revised the block level data for the City of Dover. Members were provided this data, as well as a map for their review. Staff recommended acceptance of the revised census data and that it be referred to the Election Board for Realignment of Council Districts.
The committee recommended adoption of the Revised Census Data from the U.S. Census Bureau, as recommended by staff.
Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mr. Speed moved for acceptance of the Legislative and Finance Committee report, seconded by Mr. Salters and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT - AUGUST 26, 2003
The Utility Committee met on August 26, 2003, with Chairman Ruane presiding.
Final Report - Electric Rate Study - Burns & McDonnell (Comprehensive Electric Revenue Requirement, Cost of Service, and Rate Design Study)
As a follow-up to the Special Utility Committee Meeting of April 8, 2003, Mr. Brian Farber, Burns & McDonnell, presented a draft Report on the Comprehensive Electric Revenue Requirements/Cost of Service/Rate Design Study. Mr. Farber indicated that the report had been revised to include suggestions from the previous three (3) meetings held.
Mr. Farber explained that several factors were considered when designing the proposed rate schedule, as follows: 1) existing City of Dover rate schedule; 2) rate schedules of competitors (i.e. Milford, Newark, Smyrna, Delaware Electric Cooperative, and Conectiv); and 3) historical billing data for existing City of Dover customers.
It was recommended that the City minimize/combine the existing 29 categories for rate classes to seven (7), to include the following: Residential, Small Commercial, Medium Commercial, Large Commercial, Primary Metering, Street Lighting, and Security Lighting. Mr. Farber noted that there were five (5) individual large customers (Dover Air Force Base, Kraft, Proctor & Gamble, Tilcon Delaware, and First State Power Management) that have separate rates. As stated in a previous meeting, there were several “deals” made in the past (with and without written agreements) in regards to special rates. To maintain positive customer relations, he suggested the five (5) customers continue to pay the agreed rate, and requested that staff review the expiration dates of the agreements. Once the agreements expire, it would be necessary to re-classify the customer accordingly.
Mr. Ruane and Mr. McGlumphy requested staff to define the different classes of rates, the criteria range used for determining what rate is assigned to a particular account, and examples of what customers (i.e. fast foods or department stores) are classified as a small, medium, or large customer. Furthermore, Mr. Ruane requested staff to provide a list of primary electric customers that own their transformers.
Mr. DePrima recommended that the study be referred back to staff so that an implementation plan could be developed. Several issues such as timing, rate shifting, special rates, impact on customers, and power factor adjustments must be addressed prior to increasing the rates.
To avoid delays, Mr. Ruane requested that staff develop a specific time table of events for implementing the proposed rate adjustments. He requested that the time table be presented to the Utility Committee in approximately two (2) weeks.
By consent agenda, Mr. Speed moved for acceptance of the Special Utility Committee report, seconded by Mr. Truitt and carried by a unanimous roll call vote.
Bid - Purchase of Tractor with Boom Arm and Rotary Head
The Department of Public Works currently owns and maintains one (1) 1986 Ford Tractor with boom arm (Vehicle # 560) as part of the equipment fleet for the Grounds Division. This piece of equipment is used for various purposes including mowing ditches, mowing utility line easements and trimming limbs along a tree line. Staff met with a representative of First State Equipment, Inc., the vendor for the State of Delaware Department of Transportation’s statewide three-year contract (Contract # 21-800-01G), and developed a price using the statewide contract which has annual price escalators built into the contract. The original contract was awarded in January 2001 and is therefore subject to the third year price escalator. First State Equipment, Inc. is the vendor for the contract and the price of the equipment per the contract is as follows:
Tractor with boom arm $53,802.22
Rotary head 8,332.00
Total Price: $62,134.22
This equipment purchase is identified on page 118 of the 2004-2008 Capital Investments Plan and on page 114 of the 2004 Draft Operating Budget. Funding in the amount of $61,500.00 was included in the Maintenance Equipment - Purchase line item (110-1500-522.40-24). This line item also included funds to purchase a front mount mower with a grass catcher ($8,500) and a snow thrower ($1,500). Since the budgeted amount for the purchase of the tractor is less than the low bid, the Department of Public Works will have to reduce the amount of available funds to purchase the other pieces of equipment by $634.22 so there will be no impact on the line item accounting.
The Department of Public Works intends to issue a purchase order immediately after a favorable Council action. The vendor has provided an estimated delivery time of 90 days from the receipt of the purchase order.
Staff recommended awarding a purchase order to First State Equipment, Inc. in the amount of $62,134.22 for the purchase of one (1) tractor with boom arm and rotary head.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.
Bid - 2003 Street Program - Extra Work Request (Police Warehouse)
George & Lynch, Inc. began work on the 2003 Street Program on Monday, June 30, 2003. A number of locations are currently under construction including Post Boulevard, Haman Drive, Dogwood Court, Heritage Drive and Meadow Garden Lane. Concrete and paving work has been completed on Schoolhouse Lane. The Department of Public Works has received a request from the City Manager to add concrete and paving work necessary to complete the Police Warehouse parking lot. The total estimated value of the work is $32,791.50. Mr. Richard Hudson, Construction Manager, has discussed the proposed extra work with the contractor. The contractor has indicated they will need fourteen (14) days to complete the work. The completion date of the construction agreement will be changed to Tuesday, November 25, 2003.
If the extra work request is approved, the estimated contract value will be amended as follows:
Original Contract Value: $1,170,214.70
Amended Contract Value (1st Request):$1,228,214.70
Amended Contract Value (2nd Request):$1,261,006.20
All funds to complete the extra work are part of the Police Warehouse Project (Project #PD0101). The FY-2004 budget for this project is $80,000. This project is listed on page 53 of the 2004-2008 Capital Investments Plan. In addition, these funds are listed on page 105 of the 2004 Draft Operating Budget as part of the Construction – Purchase line item (110-1700-541.40-31) in the Police Administration Budget. Completion of the parking lot will require the use of $32,791.50 of the $80,000.00 available for the project.
All work under the original agreements was to be completed by Tuesday, October 28, 2003. The first request to amend the contract revised the completion date to Tuesday, November 11, 2003. Should this second request be approved, the revised completion date will be extended to Tuesday, November 25, 2003. The contract requires the contractor to pay the owner liquidated damages in the amount of $500 for each and every calendar day in excess of the time fixed in the contract or any extensions thereof, for failure to complete all of the work within the allotted time.
Staff recommended approval the extra work request for the Police Warehouse parking lot in the amount of $32,791.50. The revised amended contract value will be $1,261,006.20. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover Department of Public Works.
Mr. Carey moved for approval of staff’s recommendation to approve the extra work request in the amount of $32,791.50 and to extend the contract to November 25, 2003. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCES
Mr. McGlumphy stated that, as a result of the amendment made to the Proposed Ordinance Amendment - Doubling of Fines Not Paid Within 14 Days (Item #7-B), it was necessary to delete agenda item 10-B, b-9 - Section 10-96 - Generally.
Council President McGlumphy reminded the public that copies of the proposed ordinances were available at the entrance of the Council Chambers or could be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 22, 2003.
Mr. Salters moved for acknowledgment of the First Reading of the following proposed ordinances, by title only, seconded by Mr. Speed and unanimously carried:
Mr. Carey moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried.
● Chapter 2 - Administration, Article VIII - Committees - Council Standing Committees
● Doubling of Fines Not Paid Within 14 Days
► Section 1-10 - General Penalty for Violation of Code; Separate Offenses
► Section 4-7 - Animal Excrement
► Section 4-14 - Fines
► Section 4.5-12 - Penalties for Violation
► Section 5-91 - Violations; Penalty for Disregarding Notices or Orders
► Section 7-75 - Penalties
► Section 7-62 - Smoke Detection Devices; Requirements
► Section 8-15 - Penalties for Violation
► Section 10-96 - Generally
► Section 13-15 - Off Road Motor Vehicle Regulations
► Section 13-16 - Violations
► Section 14-3.5 - False Alarms to Police
► Section 14-6.1 - Consumption or Possession of Alcoholic Liquor
► Section 14-8 - Excessive Noise Prohibited
► Section 14-15 - Smoking Regulations
► Section 15-51 - Same-Fine
► Section 19.5-26 - Penalty for Violations
► Section 21-19 - Fines
● Section 1-10 - General Penalty for Violation of Code; Separate Offenses
FINAL READING - PROPOSED ORDINANCE - CHAPTER 14, OFFENSES - MISCELLANEOUS, SECTION 14-13. PANHANDLING
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 25, 2003.
Mr. Carey moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimous carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Carey 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 Chapter 14, Offenses - Miscellaneous, of the Dover Code be amended by inserting a new Section 14-13. Panhandling, as follows:
Sec. 14-13. Panhandling.
(a) Definitions. For purposes of this section, the following word shall have the meaning respectfully ascribed to it by this section:
(1) Begging: to beg, to ask for as a charity; to ask earnestly, as for a favor; to beseech.
(b) A person is guilty of panhandling when the person loiters, remains, or wanders about in a public place for the purpose of begging.
(c) Violation; penalty; any violation of this section shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).
ADOPTED: SEPTEMBER 8, 2003
FINAL READING - PROPOSED ORDINANCE - CHAPTER 14, OFFENSES - MISCELLANEOUS, SECTION 14-1. COMBATIVE FIGHTING
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 25, 2003.
Mr. Ruane noted that a great deal of correspondence was received regarding the Combative Fighting ordinance. He stated that he had commentary from Mr. Grossman, who runs Delaware Championship Wrestling, and Mr. Richard Herring, Vice President of Government Relations for World Wrestling Entertainment. Mr. Ruane indicated that both seemed supportive of the general intent of the legislation; however, they objected to Paragraph (b) Prohibited - subparagraph #3 - Bouts or athletic events in which more than two contestants are to appear in a ring at the same time; and subparagraph #5 - Sham or collusive contests prohibited. No person shall knowingly conduct, participate in, or be connected with a match which is represented to be a contest if one or both of the participants does not use her or his best efforts and skill or does not strive earnestly to win; if the results thereof have been prearranged; or if either participant does not use, or is prevented from using, his or her best efforts and skills as a result of coercion, bribery, duress, threats, reward or promise thereof, physical incapacity of disability, suggestion or arrangement, or any other improper or unlawful means. Mr. Ruane stated that he did not feel it was not important to focus on the pre-arranged fights since patrons attending those fights were aware that they are pre-arranged.
Responding to Mr. Ritter, Mr. Rodriguez stated that he checked with the International Municipal Lawyers and he was confident that the ordinance would be upheld in a court of law. He also indicated that, although the amendments are substantial, they are in line with the spirit of the ordinance and would not require an additional first reading. It was Mr. Ritter’s feeling that they should obtain public input on the amendments. Mr. Ruane stated that he received numerous e-mails and phone calls and has taken that input and amended the ordinance accordingly to address the public’s concerns.
Mr. Rodriguez stated that there was a typographical error in the very last paragraph of the ordinance which should be amended by striking “the said” and inserting “this chapter”.
Mr. Ruane moved to amend the proposed ordinance amendment by deleting Paragraph (b), subparagraphs (3) and (5) and making the typographical correction. The motion was seconded by Mr. Truitt and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ritter).
Mr. Ruane moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Pitts and unanimous carried.
Mr. Speed moved to suspend the rules to allow public comment, seconded by Mr. Truitt and carried by a roll call vote of five (5) yes and four (4) no (Mr. Carey, Mrs. Williams, Mr. Salters, and Mr. Ruane).
Council President McGlumphy declared the public hearing open and, with no one present wishing to speak, the public hearing was closed.
Mr. Ruane moved for adoption of the following ordinance, seconded by Mr. Pitts and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ritter) :
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 14 - Offenses-Miscellaneous, be amended by adding a new Section 14-1 - Combative Fighting, as follows:
Section 14-1. Combative Fighting.
(a) Definitions. For purposes of this chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this section.
(1) Contest. A live boxing contest, match, performance, sparring match, wrestling match, or exhibition demonstrating the skill and ability of professional contestants when an admission fee is charged or that is telecast, televised, or broadcast to the public in any manner, including television, radio, transmission via cable television system, microwave, closed-circuit, satellite, fiberoptic link, or any other method of distribution.
(2) Exhibition. An engagement in which the participants show or display their skills without necessarily striving to win.
(3) Match(es). See Contest
(4) Program of Matches. A group of matches, events, contests, or exhibitions billed and/or promoted together, or organized by the same promoter.
(5) Tough Man Contest. A contest in which tough man contestants compete.
(6) Tough Man Contestants. A person who (a) participates in a contest for a cash purse in any amount or for a non-cash purse with more than a nominal value; and (b) is not licensed as a professional contestant in any state.
(7) Ultimate Fighting Match. A live match in which (a) an admission fee is charged; (b) match rules permit contestants to use a combination of boxing, kick, wrestling, hitting, punching, or other combative conta