REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 9, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Carey was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 26, 1998
The Minutes of the Regular Council Meeting of January 26, 1998 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATIONS
National African American History Month
The City Clerk read into the record the following Proclamation:
WHEREAS, African American History Month will be observed across America and abroad during February 1998; and
WHEREAS, the national theme of this year’s observance will be “African Americans in Business: The Past Toward Empowerment”; and
WHEREAS, this observance alludes partly to African Americans being endowed with the proper tools and skills to plan and manage their futures independently, thus, enabling empowerment to become a reality; and
WHEREAS, this observance will also provide an opportunity for students and the lay public to study how African Americans can help to eradicate poverty, further educate the community, and become involved in economic advancement. This will lead to the establishment of more African American organizations, whose purpose will be to develop business in communities, training schools, labor unions, arts and cultural programs.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim February 1998 as “NATIONAL AFRICAN AMERICAN HISTORY MONTH” in the City of Dover and urge the citizens of Dover to recognize this event and participate fittingly in its observance.
Friendly’s Cones for Kids Day - Easter Seals
The City Clerk read into the record the following Proclamation:
WHEREAS, Easter Seals which was founded in 1919, is a nationwide network of 109 affiliate societies serving 50 states, the District of Columbia and Puerto Rico and operates nearly 500 program service sites to meet the needs of more than one million people annually; and
WHEREAS, programs and services provided by affiliates of Easter Seals such as physical and occupational therapies, speech/language pathology and audiology, home health and outpatient rehabilitation, and public education programs fill the unmet needs of people with disabilities and improve the qualify of life for these individuals; and
WHEREAS, more than ninety percent of all collected revenues remain in the area in which they are raised to support these local services; and
WHEREAS, the Friendly Ice Cream Corporation has shown commitment to the neighborhoods in which they do business and has been an Easter Seals national corporate sponsor since 1981, raising over $16 million to fund services for children and adults with disabilities; and
WHEREAS, the “1998 Cones for Kids” campaign that benefits Easter Seals continues a seventeen year tradition in Kent county, and promotional coupons for this campaign may be purchased at local Easter Seals or Friendly’s Restaurant facilities.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Saturday, February 14, 1998, as
FRIENDLY’S CONES FOR KIDS DAY
in the City of Dover and urge all citizens to participate wholeheartedly in its observance.
Mayor Hutchison presented the Proclamation to Ms. Audrey Boys, representing Easter Seals, and Danny Yonker, a participant of Easter Seals. Ms. Boys expressed her sincere appreciation for bringing attention to Easter Seals. She introduced Danny Yonker, a Down Syndrome young adult, who is a recipient of their programs and is the Easter Seals representative for their forthcoming 50th anniversary year.
Mrs. Yonker, Danny’s mother, relayed the importance that Easter Seals has had on her family. Easter Seals has found a job for Danny, but more importantly they have increased his social activities enormously. In the Special Olympic activities, Danny is the downhill skier representing the Alpine Ski Team. He and his family travel to Shawnee Mountain each weekend so that Danny can participate and he is currently bowling on a Dover Bowling League. These activities have allowed Danny and his family to participate in events as a family and his family is very proud that he has been selected to represent Easter Seals.
Mayor Hutchison relayed his pride in Danny’s efforts and extended his cooperation in the efforts of Easter Seals.
PUBLIC HEARING/FINAL READING - REZONING - LAFFERTY LANE - STEEL SUPPLIERS, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property located on the south side of Lafferty Lane, 450'+/- west of the intersection of Lafferty Lane and Horsepond Road, owned by Steel Suppliers, Inc. The current zoning is M (Manufacturing) and the proposed zoning is IO (Institutional and Office).
Council President Christiansen noted that a letter was received from the equitable owner, the State of Delaware, Department of Corrections, requesting withdrawal of the rezoning application.
Mr. Leary moved to accept the letter requesting withdrawal of the rezoning application, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 26, 1998 with Chairman Salters presiding.
Comprehensive Annual Financial Report for FY1997
The City's financial books are audited by independent auditors each year as required by the City Charter. All financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company for fiscal year 1997. The Finance Director/Treasurer reported that the auditors have given the City of Dover a clean (unqualified) opinion. The City has followed the generally accepted accounting principles and the financial statements represent a true and fair position of the City as of June 30, 1997. The City received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last eleven years. This report was submitted to the GFOA for evaluation.
Ms. Janis Nesterak, representing Faw Casson & Co., was present to answer any questions on the report. She reiterated that the City has been given a "clean opinion" by Faw Casson & Co., and briefly explained the various sections of the Comprehensive Annual Financial Report. Ms. Nesterak indicated that the goal of an audit is to obtain reasonable assurance that the financial statements are fairly stated and to detect any material misstatements. She stated that fairness is determined by applying criteria that is known as "generally accepted accounting principles". She indicated that the City changed their method of accounting for pension trust funds to conform with new standards issued by the Governmental Accounting Standards Board.
Ms. Nesterak stated that as well as issuing the City's audit report and consulting with the City of Dover on accounting matters, the auditors also review the City's internal controls. She explained that internal control is a process effected by an entity's board of directors, management, and other personnel designed to provide reasonable assurance of the achievement of objectives in the following categories: liability of financial reporting; effectiveness and efficiency of operations; and compliance with laws and regulations. She indicated that support for a good internal control system begins with a Council and a Committee. She stated that Council should display an appropriate attitude about internal controls and the financial reporting process; ensure that management has appropriate background knowledge; have experience regarding the function and responsibilities of government; be committed to and take an active interest in financial reporting; engage reputable, professional, third parties that are appropriate to these needs (auditors, attorneys, investment bankers, creditors); establish a rational and well defined organizational structure that clearly assigns and communicates responsibility and accountability to the individual employees; and establish sound personnel practices and policies. Ms. Nesterak indicated that the City should establish a process for risk assessment which involves identifying, analyzing and managing risks relevant to the preparation of financial statements. She felt that the City should also monitor the continued effectiveness of internal control.
In the upcoming years, there will be changes to the method of accounting for investments and pensions, changes in the Single Audit Act which will affect the City, format of financial statements, emphasis on fraud risk assessment and changes to the internal control evaluations. Ms. Nesterak stated that the City, as part of its internal control, should consider what risks they may face in financial reporting and decide whether they are allocating sufficient resources to meet that risk.
Committee members expressed their appreciation to Ms. Nesterak for the complimentary letter from Faw, Casson and Company and Mr. Karia, Finance Director/Treasurer, for his excellence in financial reporting.
The committee recommended approval of the Comprehensive Annual Financial Report for fiscal year 1997.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.
Investment Policy Review
In 1988, City Council adopted an investment policy to formalize the objectives and provide the parameters of investments for all City funds. Although there are no recommended revisions requested by staff, in accordance with Section 14.0, the policy will be reviewed at least once every two years. This allows Mayor and Council to keep apprised of the City’s investments.
Mr. Karia, Finance Director/Treasurer, reviewed the current investment policy, as outlined in the report provided, as well as other possibilities for investments. He noted that the City’s investment policy has remained conservative. As a government, the City’s primary job is to provide services and to hold the funds as the “people’s trustee” with a fiduciary responsibility. Based on this philosophy, staff recommended no revisions and that members recommend that Council reaffirm the current policy.
The Municipal Treasurers' Association (MTA) of the United States and Canada awarded a certificate for the City's written investment policy in March 1996. He stated that Dover is the first City in Delaware and one of 150 cities in the United States and Canada to receive such an award.
Mr. Leary noted that in accordance with Section 10.0, the maximum length for maturity of investments is currently 24 months. Considering that present interest rates are very low, he felt that the Finance Director/Treasurer should be given more flexibility in extending the maximum length for maturity of investments.
In response to Mr. Carey, Mr. Leary indicated that this change would not prevent the Finance Director/Treasurer from investing funds for more than 48 months, when necessary.
The committee recommended that Council reaffirm the existing investment policy, with the revision to Section 10.0, extending the maximum length for maturity of investments to 48 months.
Mr. Leary stated that this is a soundly written policy and commended Mr. Karia and his staff for the thoroughness of the document. Concurring, Mr. Lambert also assured the public that the Investment Policy is a very conservative policy in terms of its investments and that the City’s assets are well protected.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Purchase of 1998 Step Van
Staff investigated various ways to increase the performance and stock capacity of the "Stock Coordinator's" duties. Currently, this position supplies eight line crews with materials on a basis of 20 trips total per day to the Warehouse. The existing delivery vehicle is a ½ ton pick-up truck with 100,000 miles. Bids were solicited for the purchase of a utility van that will have greater storage capacity, and thereby, reduce Warehouse trips by 50%. Additional advantages will be increased storage of line crew materials for emergency contingency.
One bid was received from Willis Auto Mall in the amount of $36,377. It was noted that the bids were advertised twice and that the closing date was extended until January 13, 1998.
The committee recommended that a purchase order be issued to Willis Auto Mall, in the amount of $36,377, for the purchase of a 1998 Step Van.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
Proposed Amendments - Chapter 11 of the City Code - Business Licenses (Sections 11-1, 11-3,11-4, 11-5, 11-11, 11-15 and 11-16)
Members were provided with proposed amendments to Chapter 11, Licenses, of the Dover Code. The amendments pertain to a broad array of issues including: adding new definitions and fee categories; exempting nonprofit organizations from licensing, as well as itinerant merchants who participate in events sponsored by a nonprofit organization; exempt credit unions and insurance agents from licenses because they are already exempt by federal and state law; creating a "per job" fee for "out of County Contractors"; and changing the penalty date from August lst to July 31st.
Mr. DePrima stated that the City has always had a problem with traveling merchants, especially the vendors that come to Dover for race weekend. He stated that if vendors are here for the spring race, they are required to pay the minimum $55 license fee. If they are planning to return to Dover for the September race, they are required to obtain another license. He stated that the proposed amendment to Section 11-1 will require a license on a per event basis. Mr. DePrima indicated that vendors who are participating in an event sponsored by nonprofit organizations will not require a license.
The committee recommended approval of the proposed amendments to Chapter 11, Licenses, as recommended by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Proposed Amendment - Chapter 19 - Streets, Sidewalks and Public Places
The City Planner submitted a proposed amendment to Section 19-5 of the Dover Code, Removal of Snow or Ice from Sidewalks by Owner or Occupant of Abutting Property. He indicated that the proposed amendment will require property owners to keep adjacent sidewalks clear and to maintain adjacent landscape areas within the requirements of the City's grass cutting regulations. Noting that the current ordinance is specific to the removal of snow and ice only, Mr. DePrima stated that although these requirements have been the City’s practice, the proposed amendment will formalize the requirement.
The committee recommended approval of the proposed amendment to Section 19-5 of the Dover Code, as recommended by staff.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 26, 1998 with Chairman Lambert presiding.
Material to Construct the Fiber Optic Line - Phase I
The planning and designed construction of Phase I of the City Fiber Optics Communication Line requires a Fiber Optic “Back Bone” (Trunk Line) to be installed from the Electrical Administration's Building to North Street. It also requires tap loops to be provided at key locations including a smaller line to North Street substation, which will allow the protective pilot wire relaying to be re-commissioned for both 69KV lines from McKee Run to North Street Substation. Phase II will include line construction from this "Back Bone" to 5 East Reed Street (Weyandt Hall), the Police Department, and various substations.
The design specifications were prepared by the City of Dover. Bids were received for materials to construct the Fiber Optic Line - Phase I, with the low bid received from United Electric in the amount of $60,702.
Mr. O'Connor informed members that a City vehicle has been equipped with new rollers that will be able to manage fiber optic lines. He stated that employees of the Electric Department were sent for training to learn how to perform the connections of fiber optics. During the HTE conversion process, a fiber optic line was installed from City Hall to Weyandt Hall, where the AS400 main frame is located, and that telephone lines were utilized to connect Weyandt Hall to the Warehouse. Mr. O'Connor stated that during this conversion, problems had occurred with the connection utilizing the telephone lines. The telephone lines were causing interruptions and although the telephone company was quick to respond, their solution to the problem was only temporary. For this reason, staff decided to purchase the fiber optic cable, rather than utilize the telephone company's lines.
Mr. O'Connor stated that the City currently has fiber optic connections to City substations, City Hall and Weyandt Hall. He stated that the additional fiber optic line from McKee Run to North Street Substation will establish a communication system, providing acknowledgment of any outages. The SCADA system, which is currently utilized at some substations, consists of radio (hard-line) frequencies that inform the Police and Electric Departments of any possible interruptions of service. There have been several occasions that inaccurate readings were received due to tree limbs and other materials interfering with the lines. The fiber optic connections will eliminate the need to use radio frequencies as well as receipt of inaccurate readings.
Mr. O'Connor assured members that fiber optic lines are very durable and are as strong as the single phase cable. Staff is continuously inspecting our poles for attachments and there are policies and regulations that control usage of City poles.
Mr. O'Connor indicated that Phase II of this project will consist of installing the fiber optic cable underground. There will be two (2) additional conduits installed while renovating the lighting system on State Street and extra conduit will be installed underground for future development.
The committee recommended that the bid be awarded to United Electric, in the amount of $60,702, for materials to construct the Fiber Optic Line - Phase I, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Salters and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of February 23, 1998.
Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Salters and unanimously carried:
♦ Chapter 11 of City Code - Business Licenses
(Sections 11-1, 11-3, 11-4, 11-5, 11-11, 11-15 and 11-16)
♦ Chapter 19 - Section 19-5 - Streets, Sidewalks and Public Places
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of January 26, 1998.
Mr. Leary moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
CHAPTER 7 OF CITY CODE
Art. III, Section 7-59 - Fire Marshal
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Malone 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 the Dover Code be amended, as follows:
Amend Chapter 7, Fire Prevention and Protection, Article III, Fire Prevention Code, by deleting Section 7-59 Fire Marshal in its entirety and inserting the following in lieu thereof:
Sec. 7-59. Fire Marshal.
There shall be a Fire Marshal who shall be selected by the City Council at its annual meeting.
The Fire Marshal or his authorized agent shall enforce this article and any other fire prevention provisions of this Code and any other fire prevention regulations applicable of the City.
The Fire Marshal or his Deputies shall be responsible for the investigation of the origins and cause of fires and explosions within the corporate limits of the City of Dover, which involves the loss of life or injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion. Upon request of the Fire Marshal, the City of Dover Police shall be authorized to assist the Fire Marshal in the performance of his duties. Any fire or explosion which is found to be suspicious or criminal in nature or causes serious injury or death, the Fire Marshal or his Deputies shall contact the City of Dover Police and per the agreement of the Fire Marshal and Police Chief, conduct a joint investigation into the origin and cause of the fire or explosion.
When in the opinion of the Fire Marshal or Code Official that a fire or life safety hazard is of imminent danger to occupants of a building, structure or outdoor event, the Fire Marshal or Code Official may order the unsafe condition removed, said building or structure evacuated or outdoor event terminated.
ADOPTED: February 9, 1998
Art. I, Section 7-1 - Means of Egress - Subsection (e)
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7, Fire Prevention and Protection, Article I, In General, by deleting Section 7-1 Means of Egress, Subsection (e) in its entirety and inserting the following in lieu thereof:
(e) In mercantile occupancies merchandise is prohibited from being displayed in any required exit access, exit, or exit discharge. Merchandise may be displayed in the exit access, exit, or exit discharge of mercantile occupancies who have submitted a written plan for the display or such merchandise and the plan has been reviewed and approved by the Fire Marshal’s Office.
ADOPTED: February 9, 1998
Art. I, Section 7-2 - Obedience to State Fire and Safety Laws and Regulations
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7, Fire Prevention and Protection, Article I, In General, by creating a new Section 7-2 Obedience to State Fire and Safety Laws and Regulations, as follows:
Section 7-2 Obedience to State Fire and Safety Laws and Regulations
No person shall violate any of the provisions of Part VI, Chapters 65 through 74 of Title 16 Health and Safety of the Delaware Code, as now or hereafter amended. The penalties for such violations issued by the City of Dover shall be in accordance with those issued by the State of Delaware for the same offense.
No person shall violate any of the provisions of the most recently adopted Delaware State Fire Prevention Regulations as now or hereafter amended. The penalties for such violations shall be in accordance with those issued by the State of Delaware for the same offense.
ADOPTED: February 9, 1998
Art. I - Section 7-3 - Impairment of Fire Protection Equipment, Prohibited
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7, Fire Prevention and Protection, Article I, In General, by creating a new Section 7-3 Impairment of Fire Protection Equipment, Prohibited, as follows:
Section 7-3. Impairment of Fire Protection Equipment, Prohibited
It shall be a violation of this code for any owner, renter, lessor, or contractor after having been notified in writing by the Fire Marshal or Code Enforcement Officer, of any impairment to fire protection equipment including but not limited to fire hydrants, fire alarm systems, sprinkler systems, commercial cooking ventilation and fire suppression systems, standpipes, smoke removal or pressurization systems to allow it to remain impaired for any time beyond that allowed by the Fire Marshal for repair. Impairment shall be deemed to mean any effective lessen of the equipment to operate as designed, including times of maintenance and annual testing.
(a) Notification required. The owner, tenant, or contractor shall notify the Robbins Hose Company of Dover, Delaware of any impaired fire protection equipment, and shall re-notify the Robbins Hose Company when the fire protection equipment has been restored to normal service. Certification from the repairing contractor shall be required to verify that the system has been fixed and is functioning as designed.
(b) Fire Watch Required. Any impairment that would cause a sprinkler system not to operate or a fire alarm system not to detect and signal a fire, and if the building is to remain occupied, a fire watch shall be established in that building or that portion of a building effected. It shall be the responsibility of the owner, or tenant to set up the fire watch. The fire watch shall consist of a hourly check of the building or portion of the building effected, and a log kept there stating the date, time of the checks, and who was making the checks. This log shall be accessible for immediate inspection by the Fire Chief, Fire Marshal, or Code Enforcement Officer.
(c) Fines. Any owner, occupant, contractor or body corporate found to be in violation of this section shall be issued a summons for $50.00 for the first offense and a $100.00 for the second and subsequent offenses. Each day any violation of this Section shall continue shall constitute a separate offense.
ADOPTED: February 9, 1998
Art. III, Section 7-62 - Smoke Detection Devices and Secured Key Systems, Requirements
Mr. Salters moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7, Fire Prevention and Protection, Article III, Fire Prevention Code, Sec. 7-62 Smoke Detection Devices; Requirements - by renaming the Section title to read as follows:
Section 7-62. Smoke detection devices and Secured Key Systems, requirements.
and by adding a new Subsection (h) Requirements for Secured Key System to read as follows:
(h) Requirements for Secured Key System - A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24 hour staffing or guard service shall be exempt from this Subsection.
(1) The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the Fire Marshal and Fire Chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the Fire Department access to the box.
(2) Keys to be secured in the Key Box shall include keys to all points of ingress or egress whether on the interior or exterior of the building; keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required.
(3) It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings.
(4) No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box.
ADOPTED: February 9, 1998
CHAPTER 13 OF CITY CODE
Article I, Section 13-42 - Handicapped Person’s Parking Areas
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend City of Dover Code of Ordinance Chapter 13 Motor Vehicles and Traffic, Article II, Stopping and Standing, and Parking by adding a new Section 13-42 as follows.
Section 13-42. Handicapped persons' parking areas.
(1) It shall be unlawful to park any vehicle other than a vehicle of the handicapped in any area under the control of and designated by the Department of Transportation or local authorities within their respective jurisdictions or owners or lessees of private property as a handicapped parking zone and conspicuously marked as such. For the purposes of this section, "conspicuously marked" shall require a vertical sign placed at an approximate height of at least 5 five feet but no more than 7 feet (measured from the surface directly below the sign to the top of the sign) for each such parking space. Each sign shall be at least 12 inches wide by 18 inches tall, and include the words "reserved parking" and an international handicapped symbol. These requirements shall not be construed to preclude additional markings such as an international handicapped symbol on the space itself and/or a tow-away indicator.
(2) Owners or lease holders of private property designated as a handicapped parking zone shall be required to conspicuously mark such zones in accordance with the requirements set forth in Section 13-42(a) above.
(3) For the purpose of this section, the term "vehicle of the handicapped" shall mean a vehicle which:
a. Is displaying a special handicapped registration plate on the rear of the vehicle issued pursuant to Section 2134 of Title 21 of the Delaware Code or a vehicle displaying a special handicapped ID parking card in the windshield, such ID card issued pursuant to Section 2135 of Title 21 of the Delaware Code, or a plate or permit issued under a similar provision in another jurisdiction; and
b. In which a handicapped person is either the operator or passenger.
(4) Upon discovery of a vehicle other than a vehicle of the handicapped, in a designated handicapped parking or tow-away zone by owners or lessees of private property, the owner or lessee may cause such vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage shall be borne by the owner of said vehicle. Upon discovery of such a vehicle, in a designated handicapped parking or tow-away zone under the control of the Department of Transportation or local authorities, the State Police, county police or municipal police may, if they determine the circumstance requires such, cause such vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage shall be borne by the owner of said vehicle.
(5) A uniform parking summons may be attached to an attended or unattended vehicle found in violation of this section by any person authorized to make arrests for violations of this section. It shall be permissible for an owner or operator to mail such summons and the appropriate fine directly to the court designated upon the summons instead of appearing before such court for trial of the charge, provided that such remittance of the summons and fine is mailed at least 2 days before the trial date designated upon the summons.
(6) Whoever violates this section shall be fined not less than $50 or more than $100.
ADOPTED: February 9, 1998
Mr. Weller moved to adjourn, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:50 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 9, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB