REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 27, 1997 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. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez. Chief Carey was absent.
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.
Mr. Al Hedgecock, Executive Director of the Central Dover Chamber of Commerce, spoke on behalf of the Chamber members. He relayed that the Chamber supports a paid Mayor for the City of Dover. Noting that the Legislative and Finance Committee has just recommended approval of such a position, Mr. Hedgecock stated the support of the Chamber and urged Council approval. Although they support a paid Mayor, they do not take a position on the level of compensation for the position, feeling this subject is a function of City Council.
Mr. Javan Davis of 635 Nimitz Drive referred to the City’s Comprehensive Annual Financial Report, commending the City on its financial position. Mr. Davis also voiced his support for a paid Mayor and increased compensation for City Council members, stating that the citizens of Dover are fortunate to have the outstanding representation that the current Mayor and members of Council provide. He commended the Legislative and Finance Committee for dealing with this sensitive issue and urged City Council to follow through on the committee’s recommendations.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance which was led by Girl Scout Cadet Unit #622 of the Fairview Elementary School.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the deletion of item #3 (Resolution - Louis J. Amabili), stating that the presentation will be rescheduled for February 10, 1997. Mr. Salters moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 13, 1997
The Minutes of the Regular Council Meeting of January 13, 1997 were unanimously approved by motion of Mr. Fenimore, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PROCLAMATION - 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 1997; and
WHEREAS, the national theme of this year’s observance will be “The Language of African Art”; 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 1997 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.
The Proclamation was presented by Mayor Hutchison and Councilmen Salters and Pitts to Dr. Donald Parks, Director of the Arts Center at Delaware State University. Dr. Parks presented the City with a poster that represents what the University will be doing for the next three months to promote recognition of African art. They are planning lectures and tours throughout all counties in the State.
PROCLAMATION - AMERICAN HEART MONTH
The City Clerk read into the record the following Proclamation:
WHEREAS, about 954,000 Americans die each year from heart disease and stroke with cardiovascular disease being the number one killer in Dover; and
WHEREAS, lack of physical activity is a risk factor for heart disease and only twenty-two percent of all Americans get enough exercise to achieve cardiovascular fitness; and
WHEREAS, the American Heart Association is committed to public education about heart disease and stroke and this year urges everyone to “Get in on the Action!” by making physical activity a part of their daily lives; and
WHEREAS, the American Heart Association is committed to the support of ongoing medical research to advance knowledge in the areas of prevention and treatment of heart disease and stroke; and
WHEREAS, the American Heart Association is the largest voluntary non-profit organization whose mission is to reduce disability and death from heart disease and stroke.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the month of February as American Heart Month and urge all citizens to get in on the action by making physical activity a daily part of their lives. I also urge all citizens to support the lifesaving mission carried out by the more than 10,000 Delaware American Heart Association volunteers. Contributions of time and money will help in the fight against heart disease and stroke.
Mayor Hutchison presented the Proclamation to Mr. Marc Fisher, President of the American Heart Association. Mr. Fisher expressed his appreciation for the Proclamation and for the donations and support from the community which provides the opportunity for extensive research. Mr. Fisher stated that this research has greatly reduced the death rate from heart attack, stating that a 25% reduction in the death rate has occurred during the last decade.
PROCLAMATION - PERI-ANESTHESIA NURSE AWARENESS WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the Chesapeake Society of Peri-Anesthesia Nurses associates and affiliates into one organization all licensed nurses in Dover, Delaware who are engaged, or otherwise especially interested in the care of patients in the immediate peri-anesthesia period; and
WHEREAS, peri-anesthesia nurses provide education with respect to peri-anesthesia patient care through conferences, courses, symposia, and the publishing of articles and bulletins that will maintain and upgrade standards of peri-anesthesia patient care and promote the professional growth of licensed nurses; and
WHEREAS, the peri-anesthesia nurses study, discuss, and exchange professional knowledge, share expertise and ideas on peri-anesthesia patient care and facilities cooperation between peri-anesthesia nurses and physicians and other medical personnel concerned with the care of the patient in the immediate peri-anesthesia period; and
WHEREAS, peri-anesthesia nurses encourage specialization and research in peri-anesthesia nursing, promote public awareness and understanding of the care of peri-anesthesia patients, and cooperate with universities, governmental agencies and any other organizations in matters affecting the purposes of the Society.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim February 3 - 9, 1997 as PERI-ANESTHESIA NURSE AWARENESS WEEK in the City of Dover and urge all citizens to join me in this worthy observance.
MONTHLY REPORTS - December 1996
By motion of Mr. Hare, seconded by Mr. Salters, the following monthly reports were accepted:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
CONFIRMATION OF POLICE PENSION RESULTS - MAJOR KEITH I. FAULKNER
The term of Retired Sergeant Steven Rogers on the Police Pension Board expires on January 31, 1997. Pursuant to Section 18-47(2)(b) of the Pension Plan, notice of an election was given to all plan members. A nomination for Major Keith I. Faulkner was the only nomination received, therefore, no election was held. The term will expire on January 31, 2000.
Mr. Salters moved to confirm the election of Major Keith I. Faulkner to the Police Pension Board, seconded by Mr. Hare and unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of January 13, 1997.
Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Lambert moved for adoption of the following ordinance, seconded by Mr. Fenimore 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, of the Dover Code of Ordinances by creating a new Section 7.1 to read as follows:
7.1 Means of Egress
(a) The means of egress for an occupancy shall be kept continuously free of all obstructions or impediments to full instant use in case of fire or other emergency.
(b) All required exit doors shall be unlocked and under the control of the occupants within the building or area. This section is to include fenced in outdoor events.
(c) It shall be the responsibility of the owner, manager, principal or any other person responsible for the day to day operations of the occupancy to insure that exits are unobstructed and unlocked prior to the opening of the occupancy to the general public.
(d) The most current edition of the National Fire Prevention Life Safety Code shall be used to determine the definition of a means of egress.
(e) In mercantile occupancies merchandise is prohibited from being displayed in any required exit access, exit, or exit discharge.
(f) Any exit access, exit, or exit discharge with the exception of a locked exit door, found to be in violation of this section, a $25.00 summons shall be issued for the first offense and a $50.00 summons for any second offense or subsequent offenses. Any required exit door found to be locked against egress shall be in violation of this section and a $100.00 summons shall be issued for each locked exit.
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7. Fire Protection and Prevention, Art. IV. Fire Prevention: Public Occupancies, Section 7-63 Safety and fire prevention requirement, by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 7-63. Safety and fire prevention requirement.
No person shall use or permit to be used any public occupancy structure which does not comply with the 1996 N.F.P.A. Life Safety Code 101 or the most currently published edition of N.F.P.A. Life Safety Code 101.
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7. Fire Protection and Prevention, Article III. Fire Prevention Code, Section 7-72 Requirements for a fire alarm in a place of assemble, Subsections (a) & (b) by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 7-72. Requirements for a fire alarm in a place of assembly.
(a) For the purpose of this article the requirements set forth in the 1996 N.F.P.A. Life Safety Code Section 4-1.2 shall or its most currently published edition of the N.F.P.A. Life Safety Code shall be used to determine if an occupancy is a place of assembly.
(b) For the purpose of this article the requirements set forth in the 1996 N.F.P.A. Life Safety Code Section 5-3.1 or its most currently published edition shall be used to determine the occupant load of a place of assembly.
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7. Fire Protection and Prevention, Article III. Fire Prevention Code, Section 7-56 Adopted, by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 7-56. Adopted.
There is hereby adopted by reference that certain publication known as the BOCA National Fire Prevention Code 1996, recommended by the Building Officials and Code Administrators, International, Inc. or the most recently published edition of the National Fire Codes (excluding NFPA Codes 11C, 13E, 402M -41s, 422 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999) recommended by the National Fire Protection Association. Three (3) copies of each publication is on file in the office of the fire marshal, and such publication is adopted and incorporated as if set out at length herein. The more restrictive requirements of either the BOCA National Fire Prevention Code, 1996 or the most recently published edition of the National Fire Codes shall apply whenever they may be in conflict.
It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (1). (Code 1968, § 14-1; Ord. of 3-12-72, § 2; Ord. of 4-9-84, § 4; Ord. of 3-11-91; Ord. of 11-22-93)
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 5. Building and Building Regulations, Article II. Building Code, Section 5-16 Adopted, by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 5-16. Adopted.
(a) There is hereby adopted by reference that certain publication known as the BOCA National Building Code 1996, published by the Building Officials and Code Administrators International, Inc.. Three (3) copies of such publication are on file in the office of the building inspector, and such publication is adopted and incorporated as if set out at length herein.
(b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a).
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 5. Building and Building Regulations, Article IV. Mechanical Code, Section 5-56 Adopted, by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 5-56. Adopted.
(a) There is hereby adopted by reference that certain publication known as the International Mechanical Code 1996, published by International Code Council, Inc.. Three (3) copies of such publication are on file in the office of the building inspector, and such publication is adopted and incorporated as if set out at length herein.
(b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a).
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 5. Building and Building Regulations, Article V. Plumbing Code, Section 5-71 Adopted, by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 5-71. Adopted.
(a) There is hereby adopted by reference that certain publication known as the International Plumbing Code 1995, published by International Code Council, Inc. Three (3) copies of such publication are on file in the office of the building inspector, and such publication is adopted and incorporated as if set out at length herein.
(b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a) (Ord. of 4-9-84, Subsection 3; Ord. of 3-11-91).
ADOPTED: January 27, 1997
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 10. Housing Code, Article I. General, Section 10-1 Adopted, by deleting in its entirety and by inserting in lieu thereof, the following:
Sec. 10-1. Adopted.
(a) There is hereby adopted by reference that certain publication known as the BOCA National Property Maintenance Code 1996, published by the Building Officials and Code Administrators International, Inc.. Three (3) copies of such publication are on file in the office of the building inspector, and such publications is adopted and incorporated as if set out a length herein.
(b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a).
ADOPTED: January 27, 1997
Mr. Fenimore moved to adjourn, seconded by Mrs. Malone 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 January 27, 1997, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB