SAFETY ADVISORY COMMITTEE

The Safety Advisory Committee Meeting was held on July 28, 2004, at 7:00 p.m. with Chairman Ritter presiding. Members present were Mr. Carey, Mr. Lakeman, and Mr. Simmons (arrived at 7:12 p.m.). Mr. Pitts was absent.

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

AGENDA ADDITIONS/DELETIONS

Mr. Carey moved for approval of the agenda, seconded by Mr. Simmons and unanimously carried.

Report by Police Chief and Director of Planning and Inspections - Proposed Amendment to Section 10-41, Unlawful Leases - Inclusion of Consumption or Possession of Alcoholic Liquor (Continuation from Committee Meeting of July 14, 2004 - City Inspector Report - Student Housing)

During their Regular Meeting of July 14, 2004, members discussed the possible amendments to Section 10-41, Unlawful leases, as follows: Changing the length of time between convictions from three (3) months to one (1) year to coincide with the school year and inclusion of underage consumption as a conviction resulting in termination of a lease.

Mr. Galvin, Director of Planning and Inspections, stated that increasing the length of time between convictions would enable the conviction of repeat student offenders who may be spending the three months following their conviction away from Dover for the summer.

Members expressed concern with the possibility of an entire family being evicted due to the underage consumption conviction of one family member and that targeting student housing could be interpreted as discrimination. Chairman Ritter requested staff to obtain a legal opinion on the matter from City Solicitor Rodriguez.

Mr. Ruane stated that this would be a good opportunity to promote decreased underage drinking in the City. He suggested that eviction for an underage drinking conviction should occur after the second offense, not the first.

Mr. Carey moved to recommend amending Section 10-41, Unlawful Leases, paragraphs (b) and (d) to increase the length of time between convictions from three (3) months to one (1) year, seconded by Mr. Lakeman and unanimously carried.

Required Distance from Open Flames at Gas Stations (City, County, State, and Federal Laws)

Chairman Ritter noted that he and other Council members had received several calls from citizens who were concerned with a portable smoker being located too close to gas pumps at a service station across from K-Mart on Route 13. He stated that their main concern was that a fire could occur during refueling of the tanks.

Mr. Galvin provided members with the 2003 International Fire Code related to Motor Fuel-Dispensing Facilities and Repair Garages. He noted that the location of dispensing devices shall be twenty (20) feet or more from fixed sources of ignition. Mr. Galvin advised members that the Inspectors had visited the site and the distance between the smoker and the fuel pumps is 83 feet.

Mr. Ritter stated that the other concerns mentioned were the noise and the smoke. He noted that a new generator had been purchased and the noise issue had been resolved.

Mr. Ted White, co-owner of the portable smoker, stated that as each issue is resolved, the neighbors bring up other issues. He also advised members that one of the neighbors assaulted them with racial epithets and told them he was going to close them down.

Mr. Galvin advised members that the business has a license and is operating according to City regulations. Mr. Ritter suggested that they may want to look for another location that is not so close to residential areas once their 90-day permit expires.

No further action was taken.

Mr. Carey moved to recess into executive session in accordance with 29 Del. C. 10004(b)(6) and 10002(g)(16)(a), for a Report from the Emergency Preparedness Director on City Security Systems. The motion was seconded by Mr. Simmons and unanimously carried.

Meeting recessed at 7:43 p.m. and reconvened at 8:30 p.m.

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

Meeting Adjourned at 8:31 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robert G. Ritter, Jr.

                                                                                    Chairman

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