REGULAR COUNCIL MEETING

The Regular Council Meeting was held on October 11, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, and Mr. Salters. Mr. Weller was absent.

Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green, 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.

The invocation was given by Reverend L. D. Jamison, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Lambert requested the addition of item #2-C - Report of the Utility Committee, Letter to Secretary DiPasquale (DNREC) - Wastewater Treatment Permit for Kent County. Mr. Leary requested the addition of item #1-A - Presentations. Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1999

The Minutes of the Regular Council Meeting of September 27, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.

PRESENTATION - DELAWARE LEAGUE OF LOCAL GOVERNMENTS

During the Delaware League of Local Governments Annual Conference, Mr. Leary stated that he had accepted awards on behalf of Mayor Hutchison and the City Manager, Mr. O’Connor. At this time, Mr. Leary presented Certificates, on behalf of Mayor Donald Mulrine, City of Newport, and (previous Mayor of Smyrna) George Wright, President of the Delaware League of Local Governments, to Mayor Hutchison and Mr. O’Connor for their dedication and assistance provided to the League.

Mayor Hutchison and Mr. O’Connor relayed appreciation for the recognition and noted the importance of the leadership provided by the Delaware League and its significant role with regards to the happenings of our cities and towns.

Mr. Leary referred to an article that appeared in the September 27, 1999 issue of The Nations Cities Weekly, whereby reference was made to Dover, Delaware, concerning downtown landscaping. He noted that the source of the article was Ms. Kate House of the Dover Post and presented her with a copy of that issue of The Nations Cities Weekly.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on September 27, 1999 with Chairman Salters presiding.

Proposed Ordinance Amendment - Section 14-6.2 - Underage Possession or Consumption of Alcoholic Liquor

The Police Department submitted a proposed ordinance amendment, Section 14-6.2, regarding underage possession or consumption of alcohol. Members were advised that the proposed amendment is in response to both an operational need and a request for stricter enforcement by the public. At a community meeting held by the Police Department, there was a request by many that the City’s ordinances should be written so that they may be more strictly enforced.

Section 14-6.1 of the Dover Code covers consumption of alcoholic liquor on a street or in a public building; however, it does not address underage consumption. Although underage possession or consumption of alcohol is covered by state statute, it is manpower intensive to utilize. In order to operationally enforce the state law, officers would have to arrest the offenders at the scene (usually at a large party whereby the police are called by neighbors due to excessive noise). The offenders would then be transported to the police station, fingerprinted, and potentially arraigned at the Justice of the Peace Court #7. The hours that this would entail are cost prohibitive. The proposed amendment would have a similar impact on the offender; however, it would only require officers to issue a summons. If an officer felt it necessary, they could opt to enforce the state statute in lieu of the City ordinance.

The committee recommended adoption of the proposed ordinance amendment as requested by the Police Department. After review by Mr. Pepper, Deputy City Solicitor, it is recommended that Section 14-6.1 be amended by adding a new subsection (b) and that the current subsections (b) and (c) be re-lettered to (c) and (d) respectively.

Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).

Proposed Ordinance Amendment - Section 14-8 - Excessive Noise Prohibited, Subsections (a) and (b)(2)

At the request of Judge Stump, the Chief Judge of Kent County, the Police Department submitted a proposed ordinance amendment to Section 14-8, regarding excessive noise, for clarification. The proposed amendment will also respond to requests for stricter enforcement by the public, recently relayed at a community meeting held by the Police Department.

It was proposed that subsection (a) be amended by adding “or creates the risk thereof” following “comfort, repose, health, peace or safety of others, ...”; and that subsection (b), paragraph (2) be amended by adding to the end of the paragraph “however, this does not preclude conviction of the violation during any other hour.” The addition of the more restrictive language will assist in the prosecution of offenders of Section 14-8 of the Dover Code.

The committee recommended adoption of the proposed ordinance amendment as requested by the Police Department.

Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).

Proposed Charter Amendment - Section 17 - Ordinances [Authorized; Maximum Penalty for Violation]

The Police Department submitted a request for an amendment to Section 17 of the City Charter that would increase the amount of fines to $1,000. The State laws allow the City to fine up to $1,000; however, the City Charter specifies fines may not exceed $100. It was felt that the increase in fines would not only assist the Police Department, but would also assist the City’s Inspections Department.

It was noted that the adoption of an ordinance requesting the State Legislature to consider a Charter Change, upon their return in January 2000, would be required.

The committee recommended adoption of the proposed ordinance amendment as requested by the Police Department.

Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone 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 October 11, 1999 with Chairman Lambert presiding.

Request of Letter to Support Kent County Wastewater DPDES Permit

During the committee meeting held earlier this evening, members considered a draft letter to be sent to Secretary DiPasquale, Department of Natural Resources and Environmental Control for the State of Delaware. Mr. Lambert explained that Kent County is currently permitted to treat 15 million gallons of effluent per day; they are operating at approximately 78% of their capacity.

Based upon the current and projected future growth for the City of Dover and Kent County, it was suggested that a letter from the City of Dover be forwarded to Secretary DiPasquale in support of an increase in the daily treated effluent Kent County is permitted from 15 to 20 million gallons per day. Mr. Lambert stated that, on behalf of the City, the letter would be signed by the Mayor and Council President.

The committee recommended that the letter be forwarded to Secretary DiPasquale as drafted and that it be signed by the Mayor and Council President on behalf of the City of Dover.

Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.

Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.

APPOINTMENT (MAYOR HUTCHISON) - DOWNTOWN DOVER DEVELOPMENT CORPORATION

Mayor Hutchison recommended the appointment of Mr. Wallace W. Taylor to serve on the Downtown Dover Development Corporation (private citizen representative). The appointment will fill the unexpired term of Mr. Karl Dorzback, which will expire April 23, 2002.

Mr. Pitts moved for approval of the appointment of Mr. Wallace W. Taylor as recommended by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Weller absent).

FIRST READING - PROPOSED ORDINANCES

Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary 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 October 25, 1999.

Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:

►Section 14-6.1 - Consumption or Possession of Alcoholic Liquor

►Section 14-8 - Excessive Noise Prohibited, Subsections (a) and (b)(2)

►Request to General Assembly to Amend Section 17 - Ordinances [Authorized; Maximum Penalty for Violation]

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

Meeting Adjourned at 7:45 P.M.

                                                                       JANICE C. GREEN

                                                                       CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of October 11, 1999, are hereby approved.

                                                                       JAMES L. HUTCHISON

                                                                       MAYOR

/JG

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