REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 12, 2004 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President McGlumphy advised members that correspondence was received from Mr. Frank Donnelly (Exhibit #1) requesting that item #3-B, Public Hearing/Final Reading, Rezoning of Lot 49 Maple Dale Road, be removed from the agenda in order that he may obtain further clarification on the item.
Council President McGlumphy requested that item #1, Adoption of the Minutes of the Regular Council Meeting of December 8, 2003, be extracted from the consent agenda.
Mrs. Williams requested that item #4, Legislative, Finance, and Administration Committee Report - December 8, 2003, and item #7, Employment Agreement - Director of Planning and Inspections, be extracted from the consent agenda.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Truitt and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 8, 2003
Council President McGlumphy reminded members that during the meeting of December 8, 2003, Mrs. Williams moved that the whole issue of the question on the ballot go into public hearings prior to a decision being made on the exact wording for the ballot and that the City Solicitor be given plenty of time to evaluate the legality of the question. The motion was seconded by Mr. Truitt. At the time Mrs. Williams made the motion, it was his feeling that a motion to place the question on the ballot was on the floor, therefore, a vote was not taken on Mrs. Williams’ motion.
Upon review, Mr. Rodriguez determined that there was no record of a motion or a second to place the question of a full-time or part-time Mayor on the election ballot and, therefore, the vote was improper. It was his opinion that the passage of the motion was a nullity and that Mrs. Williams’ motion should be reconsidered.
Council President McGlumphy requested the City Clerk, Mrs. Green, to read the motion made by Mrs. Williams, as follows:
“Mrs. Williams moved that the whole issue of the question on the ballot go into public hearings prior to a decision being made on the exact wording for the ballot and that the City Solicitor be given plenty of time to evaluate the legality of the question. The motion was seconded by Mr. Truitt.”
Council President McGlumphy noted that the current agenda contained the following items:
Item #8, Full-Time or Part-Time Mayor
Item #8-A, Placement of Question on Ballot - City of Dover Municipal Election - April 20, 2004
Item #8-B, Selection of Wording for Ballot - City of Dover Municipal Election - April 20, 2004
Item #8-C, Scheduling of Public Hearing.
For clarification on item #8, Mrs. Williams noted that her motion was for the public to have free access and to have input into the wording on the ballot. According to the agenda, the placement of the wording on the ballot would be determined by Council. She stated that her whole motion was based on having the public have some input in the wording, otherwise, the question could be skewed.
Mr. Ruane asked if providing the Solicitor time to evaluate the legality of the question was related to the wording or the placement of the question on the ballot. Mrs. Williams stated that because they could not anticipate what the public input may be, she wanted the question reviewed by legal counsel to ensure that the wording did not accidentally void the question.
Responding to Mr. Ruane, Mrs. Williams stated that the City Solicitor could be present at the public hearing to render an opinion on the legality of any questions proposed by the public. Mr. Rodriguez stated that the two (2) questions for consideration under item #8-B appeared to be legally appropriate.
The motion of December 8, 2004, for the whole issue of the question on the ballot going into public hearings prior to a decision being made on the exact wording for the ballot and that the City Solicitor be given plenty of time to evaluate the legality of the question failed by a roll call vote of five (5) no, four (4) yes (Mr. Carey, Mrs. Williams, Mr. Truitt, and Mr. Salters).
The Minutes of the Regular Council Meeting of December 8, 2003 were unanimously approved by motion of Mr. Ritter, seconded by Mr. Carey, and bore the written approval of Mayor Hutchison.
By consent agenda, the Minutes of the Special Council Meeting of December 30, 2003 were unanimously approved by motion of Mr. Carey, seconded by Mr. Truitt, and bore the written approval of Mayor Hutchison.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1196, 1198, 1210, AND 1234 SOUTH GOVERNORS AVENUE, CONTAINING 9.25+/- ACRES (OWNED BY CREEKSIDE DEVELOPMENT, L.L.C.)
An annexation referendum was held on December 18, 2003 for property located at 1196, 1198, 1210, and 1234 South Governors Avenue, containing 9.25+/- acres, owned by Creekside Development, L.L.C.
Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Carey and carried by a unanimous roll call vote.
Annexation
By motion of Mr. Salters, seconded by Mr. Carey, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
All those certain tracts, pieces or parcels of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying on the northwest side of South Governors Avenue, being bounded on the southeast in part by lands now or formerly of Nathan Sipple, Jr., in part by lands now or formerly of William L. Phillips and in part by South Governors Avenue, on the southwest in part by lands now or formerly of Walter Gable and in part by lands now or formerly of Ralph C. and Frances W. Deats, on the north and northwest in part by lands now or formerly of Ralph C. and Frances W. Deats, in part by Puncheon run Branch and in part by lands now or formerly of Francis G. and Barbara D. Powell, on the northeast in part by lands now or formerly of Francis G. and Barbara D. Powell and in part by lands now or formerly of Pilgrim Holiness Church and being more particularly described as Parcels A, B, C and D in accordance with a plan prepared by Becker Morgan Group, Inc. dated October 9, 2003, as follows to wit:
Beginning for this description at a concrete marker located at the intersection of the northwesterly right-of-way line of South Governors Avenue with the northerly line of a 50 foot wide street as shown on a plat of the subdivision of the lands of Roy W. Deats as recorded in the land records of Kent County, Delaware in Plat Book 5, Page 48, said point of beginning also being the southeasterly corner of lands now or formerly of William L. Phillips; thence running from said point of beginning with the northwesterly right-of-way line of South Governors Avenue South 42° 15’ 00” West a distance of 522.92 feet to a set iron rod and cap at a corner for this parcel and lands now or formerly of Walter Gable; thence turning and running with said lands of Walter Gable on the following three (3) courses and distances: 1) North 47° 39’ 24” West, passing over a found concrete monument at a distance of 1.08 feet, a total distance of 600.77 feet to a found concrete monument; thence 2) North 42° 12’ 29” East, passing over a found concrete monument at a distance of 150.05 feet, a total distance of 150.44 feet to a point; thence 3) North 47° 33’ 00” West a distance of 49.20 feet to a point at a corner for this parcel in line of Lands now or formerly of Ralph C. and Frances W. Deats; thence turning and running with said lands of Deats on the following three (3) courses and distances: 1) North 42° 27’ 00” East a distance of 150.00 feet to a concrete marker; thence 2) North 68° 10’ 00” East a distance of 27.75 feet to an iron pipe; thence 3) North 47° 33’ 00” West a distance of 253.29 feet to a point at a corner for this parcel in the centerline of Puncheon Run Branch; thence turning and running with the centerline of said branch the following twelve (12) courses and distances: 1) South 86° 43’ 23” East, 9.43 feet; 2) North 78° 23’ 26” East, 31.75 feet; 3) North 71° 06’ 12” East, 42.90 feet; 4) South 60° 54’ 21” East, 3 1.21 feet; 5) South 82° 32’ 56” East, 34.23 feet; 6) South 69° 19’ 04” East, 41.84 feet; 7) North 38° 33’ 23” East, 44.46 feet; 8) South 70° 26’ 54” East, 22.84 feet; 9) South 50° 27’ 43” East, 25.26 feet; 10) South 85° 31’ 44” East, 19.50 feet; 11) North 20° 19’ 53” East, 14.03 feet and 12) North 72° 31’ 22” East, 5.77 feet to a corner for this parcel and lands now or formerly of Francis G. Powell and Barbara D. Powell; thence turning and running with said lands of Powell on the following two (2) courses and distances: 1) South 47° 45’ 00” East, 290.03 feet to an iron rod and cap; thence 2) North 42° 15’ 00” East, 180.00 feet to an iron rod and cap in line of lands now or formerly of Pilgrim Holiness Church; thence turning and running with said lands of Pilgrim Holiness Church South 47° 45’ 00” East, 250.00 feet to an iron rod and cap at a corner for this parcel and lands now or formerly of Nathan Sipple Jr.; thence turning and running in part with said lands of Sipple and in part with lands of now or formerly of William L. Phillips South 42° 15’ 00” West, 180.00 feet to an iron rod and cap; thence continuing with lands of William L. Phillips South 47° 45’ 00” East, 150.00 feet to a concrete marker and the place of beginning, containing 9.282 acres of land be the same more of less.
Subject to: said property being subject to a perpetual right-of-way and easement for the installation of sanitary sewer lines as deeded to the City of Dover from Catherine C. Deats by deed dated January 20, 1983, as recorded among this and records of Kent County, Delaware in Deed Book I-38, folio 261. and as shown on a plat prepared by Becker Morgan Group, Inc. dated July 8, 2003, entitled “Boundary Survey Lands of Ralph C. Deats, Barbara D. Powell, Shirley D. Callaway & Frances A Powell,” intended to be recorded herein.
2. The above described property shall be annexed into the City of Dover with a zoning classification of C-2A (Central Commercial) and RM-1 (Medium Density Residence) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 13th day of January, 2004 at 12:01 a.m. o'clock.
ADOPTED: JANUARY 12, 2004
Public Hearing - Zoning Classification
This property consists of 9.282+/- acres zoned BG (General Business) and RS-1 (Single Family Residential) under the jurisdiction of Kent County and is located on the west side of South Governors Avenue near the intersection with Southbee Drive. The property is currently occupied by commercial offices/warehouses.
The Planning Commission recommended approval of the annexation with the property to be zoned C-2A (Limited Central Commercial Zone) and RM-1 (Medium Density Residential) upon annexation, noting the requirements for submittal of the Plan of Services and consideration of the Cost/Revenue Analysis for the property.
Council President McGlumphy declared the public hearing open.
Mr. Joe Petrosky, 2 North State Street, stated that he was a principal owner in Creekstone Development and would answer any questions that Council may have.
Council President McGlumphy declared the public hearing closed.
Mr. Carey moved that the ordinance be accepted by title only, seconded by Mr. Pitts and carried by a unanimous roll call vote.
Mr. Carey moved that the property be zoned C-2A (Limited Central Commercial) and RM-1 (Medium Density Residence), as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and by a unanimous roll call vote, Council adopted the following ordinance (the first reading of the proposed ordinance was accomplished during the Council Meeting of October 27, 2003):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1196, 1198, 1210, AND 1234 SOUTH GOVERNORS AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from BG (General Business) and RS-1 (Single Family Residence) (Kent County zoning classifications) to C-2A (Limited Central Commercial Zone) and RM-1 (Medium Density Residence Zone) (City of Dover zoning classifications).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from BG and RS-1 (Kent County zoning classifications) to C-2A and RM-1 (City of Dover zoning classifications) on properties located at 1196, 1198, 1210, and 1234 South Governors Avenue, containing approximately 9.25+/- acres, owned by Creekstone Development, L.L.C.
ADOPTED: JANUARY 12, 2004
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 202 AMERICAN AVENUE, OWNED BY JOHN R. COLLINS AND NORMA T. COLLINS
A public hearing was duly advertised for this time and place to consider rezoning of property located at 202 American Avenue, containing approximately 0.1146+/- acres, owned by John R. Collins and Norma T. Collins. The property is currently zoned RG-1 (General Residence) and R-8 (One Family Residence) and the proposed zoning is R-8 (One Family Residence).
Planner's Review
Mr. James Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended that the request for rezoning be approved.
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Edward Sipe, South Little Creek Road, stated that he was present on behalf of Mr. and Mrs. Collins. Responding to Mr. Ruane, Mr. Sipe stated that the Collins’ were planning to build a two-story addition onto the existing house.
Mr. John Gardner, 213 North State Street, stated that he strongly supported the request for rezoning.
Mrs. John Gardner, 213 North State Street, stated that Mrs. Collins wanted to make the home liveable for her severely disabled husband and to bring the lots under a single zone. Mrs. Gardner stated that she was in support of the rezoning.
Council President McGlumphy declared the hearing closed.
Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of November 24, 2003).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PORTION OF PROPERTY, CONSISTING OF .1146 ACRES, LOCATED AT 202 AMERICAN AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 (General Residence Zone) and R-8 (One Family Residence Zone) to R-8 (One Family Residence Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RG-1 and R-8 to R-8, on a .1146 acre portion of property located at 202 American Avenue, owned by John R. and Norma T. Collins.
ADOPTED: JANUARY 12, 2004
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 8, 2003
The Legislative, Finance and Administration Committee met on December 8, 2003 with Chairman Speed presiding.
Discussion - Charter and Code Review
In August of 2003, Council President McGlumphy requested that members of City Council and the Legislative, Finance, and Administration Committee review the City Charter and Code for possible changes and that any proposed changes be submitted to the City Clerk’s Office. The review was requested as a result of several comments and concerns relayed by members of Council, as well as the recent PAS Study.
Members were provided copies of several sections of the Charter and Code with suggestions for their review and recommendation for possible amendments.
Section 4 - Government vested in mayor and city council
Mr. Ruane informed members that the National Civic League publishes a Model City Charter (8th Edition). He recommended that the City Clerk make the model charter available for members to review and possibly use as a guide.
Mr. Ritter recommend deferring Section 4 and requested that wording be provided from the Model City Charter at the next meeting for comparison.
Section 5 - Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications
Due to time constraints, Mr. Speed indicated that discussions on this item will be continued at the next committee meeting. He reiterated that members should submit their suggestions or recommendations, in writing, to the City Clerk for inclusion in the packet for review by the committee. It was also noted that the City recently submitted a “Reincorporation” of the Charter and requested that the City Clerk use the revised Charter for including the proposed recommendations to avoid the possibility of errors when submitting additional amendments to the General Assembly.
Referring to the last paragraph of the minutes of the meeting, Mrs. Williams asked if additional recommendations had been received since the meeting. Mr. Speed stated that no additional recommendations had been received and again reminded members to submit their recommendations to the City Clerk for consideration by the committee at their next meeting.
Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and unanimously carried.
TRANSPORTATION REVIEW COMMITTEE REPORT - DECEMBER 9, 2003
The Transportation Review Committee met on December 9, 2003 with Chairman Ruane presiding.
Development of Three Priority Projects for the City of Dover for next Year’s State CIP
Members reviewed the Priority List of City Transportation Projects, both Scope and Study, that was approved during their meeting of July 22, 2003. Mr. Ruane suggested that members develop a recommendation of three (3) priority projects for the City of Dover for seeking support of the General Assembly to be included in next year’s State Capital Improvement Projects (CIP).
Members noted that the projects ranked #1 and #2 on the Scoped listing have been prioritized by DelDOT and are in process. Mr. Ruane indicated that the Signalization Project has been scoped and funded; therefore, the City should not have to include it in the new request.
For clarification, Mr. Ornauer suggested that a third list be developed to consist of those projects that have been specifically delineated. This list would be titled “Prioritized by DelDOT”. However, the new list would still retain the ranking that was assigned by the City.
Responding to Mr. DePrima, Mr. Ruane explained that the purpose of this discussion was to submit a recommendation to Council for authorizing a letter to the General Assembly advising them of the City of Dover’s priorities for securing potential bond bill monies.
The committee recommended that a third list be developed to include those projects currently listed on the City’s Scoped and Study lists that have been prioritized by DelDOT and have received funding.
Mr. Ornauer advised members that the 4th ranked project on the studies list, Studies to Support the Dover Air Force Base, should also be included in the third list.
Mr. DePrima, City Manager, recommended that the project ranked #3 (Scoped List), Clarence Street Extension as per West Side Study and Clarence Street Extension, Dover - Extend Clarence Street in Dover to Connect with Forrest Avenue, be the #1 priority for the City of Dover for presentation to the General Assembly. Because of the nature of this project, he stated that he will be presenting this matter before the Downtown Dover Development Corporation for their support as well.
The committee recommended approval of the City Manager’s recommendation.
Members discussed the status of the 11th ranked project on the scoped list, Extension of Crawford Carroll Avenue from West Rustic Lane to Office Max. It was noted that the committee previously added the item as a concept and that the project had not been specifically scoped.
The committee recommended that the project ranked #3 (Scoped List), College Road Corridor Upgrade, Dover - Upgrade the College Road corridor from the far west rear entrance of Delaware State University to Kenton Road to an urban road standard; Improvements to include new pavement section, sidewalks, shoulders, closed drainage system, bicycle lane, lighting and other improvements, be the #2 priority for the City of Dover for presentation to the General Assembly and that the project ranked #1 (Scoped List), Extension of Crawford Carroll Avenue from West Rustic Lane to Delaware State University, be the #3 priority for the City of Dover for presentation to the General Assembly.
(City Clerk’s Office Note: A Resolution will be presented to Council on January 26, 2004)
By consent agenda, Mr. Carey moved for approval of the Committee’s recommendation, seconded by Mr. Truitt and carried by a unanimous roll call vote.
Concerns - Truck Brake Noise
Members were provided an e-mail received from Ms. Jayne Dick, 1588 N. Little Creek Road, regarding concerns of noise pollution and trespassing caused by trucks using the exit ramp off of Route 1 Bypass (Exit 98). In addition, Mr. Ruane provided information from the State of Maine’s website, Division of Planning for the Department of Transportation.
Mr. Mike von Reider, 740 E. Division Street, addressed the committee on his familiarity with this issue and the violators he has observed on his street. He explained that the terminology of “Jake Brake” is incorrect and that the noise is actually caused by modifications to the muffler system. Since the late 1970's, there have been laws established by the federal government that require muffler systems that reduce truck noise. It was his feeling that there may be an enforcement issue and suggested that to resolve the problem, police officers increase enforcement for muffler violations. This could be accomplished simply by having officers situated in areas that the noise is being heard so that the truckers can be cited for the muffler violation.
Members discussed various alternatives that could be used for controlling noise within the City. Some felt that the location of the off-ramp warning sign could be moved to alert truckers sooner. It was also suggested that the Delaware Motor Transport Association be contacted to provide notification to their membership of the City’s concerns and to allow truckers the opportunity to assure their exhaust systems are in proper compliance with federal regulations.
The committee recommended that the City request the Delaware Motor Transport Association to alert its membership and truckers to the need for greater noise abatement and advise the truck drivers to assure that their exhaust systems are in proper compliance with federal regulation.
Mr. Ruane requested that Mr. von Reider identify those trucking companies that he has observed violating the requirements in order for letters to be sent directly to them advising of the City’s concerns and request that they too assure that the exhaust systems are in proper compliance with federal regulations.
Mr. DePrima offered to contact Smyrna and Seaford municipalities to determine the results of their ordinance prohibiting the use of “Jake Brakes”.
Mr. Ruane indicated that the letters to specific companies, that will be identified by Mr. von Reider, and a report from the City Manager determining if the City should institute an ordinance similar to Smyrna and Seaford will be considered by members at a future meeting.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #3), seconded by Mr. Truitt and carried by a unanimous roll call vote.
Traffic Impact Studies and the Review Process for the City of Dover
During their November 11, 2003 meeting, members were requested to review material provided by Mr. Brockenbrough, DelDOT, to determine if there were any suggestions for improvements and, if so, that they provide them for the next meeting. Mr. Ruane provided members with copies of the Traffic Impact Study Requirements for New Castle County and suggested that this matter be deferred to allow members the opportunity to review the additional material for consideration at their next meeting.
Review of TEA-21 Re-authorization for Recommendation - Position by City (MPO’s Position Statement)
During their meeting of November 11, 2003, members were advised members that the MPO is drafting a letter to take a position on the TEA-21 Re-authorization. Ms. Wieczoreck was requested to provide information on the TEA-21 Re-authorization to assist the committee in taking a position on the matter.
As a result, members were provided a draft Resolution being considered by the MPO during their meeting in January 2004 to support the Re-authorization of the Transportation Equity Act for the 21st Century.
The committee recommended support of a letter being sent to the City’s congressional delegation indicating that the City of Dover considers this an important opportunity for addressing one of the serious needs in the City, which is for Intermodal Bus Terminal.
After much discussion, members were advised that there were issues in the draft Resolution that are being disputed and relayed concern with taking action on the draft MPO Resolution since it has not been finalized.
Mr. Ruane indicated reluctance in sending the letter to the City’s congressional delegation prior to the approval of the Resolution. At the request of Mr. Ruane, the committee concurred with delaying action on both the letter and Resolution until the committee meeting in January.
MPO/PAC/TAC REPORT
There was no report given on the MPO/PAC/TAC Report.
UPDATES
Members were provided the following updates:
Eden Hill Farm
Mr. DePrima advised members that representatives of the City had been notified that DelDOT was initiating the planning and conceptual design phase of the Saulsbury Road Extension Project by conducting interviews with citizens of the local community in December and holding a public workshop in January. These events are being held to allow for a better understanding of the issues and concerns and to invite members to participate in this process.
TRAFFIC STUDIES
SR1/Route 8 and East Dover Housing Development Projects
Mr. Laing advised members that a workshop was held by DelDOT regarding the SR1/Route 8 Traffic Study and that few attended. At the workshop, there was a comparison of the 2001 and 2003 traffic studies. There were no major problems recognized; however, comment sheets were received which are currently being reviewed. He explained that because of the attendance and since the reaction was small, DelDOT concluded that there was no need for traffic calming devices.
Relaying concern, Mr. Ruane felt that the lack of attendance could have been the location of the workshop and suggested that DelDOT attend an Edgehill Civic Association meeting to obtain comments. He also indicated that he participated in the workshop and questioned the intent of providing suggestions and responding to the survey if no action would be taken.
Responding, Mr. Laing stated that DelDOT attended an Edgehill Civic Association meeting prior to the workshop and the same information was provided. He explained that the survey results indicated that there was not a tremendous need for traffic mitigation; however, had there been a strong turnout at the workshop and a strong push for any of the ideas of traffic mitigation, that would have reactivated the issue. The results, to his knowledge from comments of the consultants as well as DelDOT officials, is that the impact of the traffic does not warrant traffic mitigation.
Mr. DePrima questioned if the consultant would be available to attend a future committee meeting to provide members with the status of this matter.
Division Street Track Removal
Mr. Ornauer noted that the removal of the railroad tracks on Division Street was to occur in October 2003 and questioned the status of the project.
Mr. Laing assured members that he would look into whether or not the removal of the railroad tracks would be accomplished during the street re-paving.
Miscellaneous
Mr. DePrima advised members that new signs had been erected on Mifflin Road to prohibit truck traffic. Mr. Ornauer noted that the new signs are very similar and are in the same location as the previous signs. In order for drivers to be made aware of the prohibition, he suggested that DelDOT install the balloons, which are used to bring attention to the sign changes.
Mr. Ruane requested that the bicycle representative of DelDOT be invited to attend a future meeting to discuss bicycle issue in the City of Dover.
By consent agenda, Mr. Carey moved for acceptance of the Transportation Review Committee Report, seconded by Mr. Truitt and carried by a unanimous roll call vote.
MONTHLY REPORTS - NOVEMBER 2003
By consent agenda, Mr. Carey moved for acceptance of the following monthly reports, seconded by Mr. Truitt and carried by a unanimous roll call vote.
Budget Report
Capital Projects and Vehicle/Equipment Purchases
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
EMPLOYMENT AGREEMENT - DIRECTOR OF PLANNING AND INSPECTIONS
During their Regular Meeting of December 8, 2003, Council appointed Mr. James Galvin, II for the position of Director of Planning and Inspections.
Mrs. Williams stated that she had received an e-mail from Council President McGlumphy indicating that the procedure for setting the salary and benefits for the new Director of Planning and Inspections had not been