Minutes 03/23/1982 - Laserfiche WebLink

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,j f) TUESDAY MARCH 23, 1982 expressed her support of the proposed regulations. Commonwealth's Attorney Smith advocated, as he has heretofore, the inclusion of decibel regulations in order that, in the prosecution of violators, the courts would have definitive measures (now lacking in the City Code) by which to adjudge guilt or innocence, a position sup- ported by Mr. and Mrs. Edgar H. Dietrich, of 218 Arrowhead Trail, who also opposed Councilman Reed's proposal that existing heating-airconditioning equipment be "grandfathered" (from the proposed regulations). Mr. Ebb H. Williams, III, Attorney at Law and counsel for Mr. and Mrs. Randolph C. Hodnett, of 219 Arrowhead Trail, reviewed events ~nvolving complaints and, eventually, a criminal charge brought against his clients by Mr. Dietrich, claiming that the Hodnett's heat pump created (and creates) excessive and disturbing noise, a claim not supported in judicial findings and resulting in the dismissal of the charge by the City's General District Court in September of 1980. Mr. Williams further asserted that the proposed regulations before Council stem from the foregoing events and the controversy precipitated by the Dietrichs with their neighbors, the Hodnetts. Mr. Williams, too, predicted that enactment by Council of the proposed regulations, or some variation thereof, would create strife and dissension between and among neighbors. Councilman Oakes, meanwhile, expressed his conviction that Council should postpone any action on the proposed amend- ments until such time as additional and more complete information on possible long- range effects of such regulations can be developed; and, then determine, on the basis of such findings, whether it is in the best interest of the City and its citizens to enact the amendments. A motion, duly seconded, to place the proposed ordinance and amendments (including provisions for yet-to-be-determind decible-rating limitations) on first reading and to conduct a public hearing thereon at Council's forthcoming April 13th meeting, carried by the affirmative votes of Messrs. West, Greene, and Cole, with Councilman Reed abstaining and with Councilman Oakes voting against the motion.