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Final Mayor and City Council of New Castle President Castagno called the regular meeting of the New Castle City Council to order at 7:00 PM and led those assembled in the pledge of allegiance. He asked those assembled to sign in and to take an agenda. He noted that a sixth item, Business from the Floor, had been erroneously omitted from the agenda. He asked those who wished to address the Council to limit their remarks to three minutes. Roll Call Present: President Castagno Councilperson DiAngelo Councilperson Miller Councilperson Padmalingam Councilperson Reese Others Present: Treasurer Janet Carlin, Mayor Klingmeyer, Police Chief McDerby, City Planner Jacquelyn Seneschal, Code Enforcement Officer Herb Swanson, Public Services Director Jim Weldin Approval of Minutes by Date President Castagno called for approval of the minutes. Councilperson Miller noted that Jackie Seneschal was not present at the last meeting and that Councilperson Reese, not Councilperson Padmalingam, arrived at 7:30 PM, after the role call. Councilperson Reese moved to accept the minutes as amended. Councilperson Miller seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the minutes. The motion carried. Treasurer Janet Carlin reported that as of January 31, 2004:
Councilperson Reese moved to accept the report as presented. Councilperson DiAngelo seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the motion. The motion carried unanimously. Department Directors’ Reports Police Chief McDerby reported that he had received the final recommendation from DelDOT concerning the closure of Howell Drive at Buttonwood Avenue and Route 9. Approximately six months ago, the City Council passed a resolution to close Howell Drive. DelDOT did not concur. They pointed out that residents of Collins Park use Buttonwood Avenue to travel to and from Route 9, that a signal controls traffic at that intersection, a speed bump exists between the railroad crossing and Howell Drive, and that the average speed at the intersection is 26 MPH in one direction and 28 MPH in the other direction, not a significant threat since the posted speed limit is 25 MPH. DelDOT also concluded that closing Howell Drive would increase travel time for some residents of Collins Park traveling on Route 9. President Castagno noted that the City has jurisdiction over the City streets and could close Howell Avenue; however, DelDOT doesn’t believe that closing the intersection will solve the safety issues there and that they have jurisdiction over Howell Drive. Chief McDerby replied that he cannot determine whether the City or the State has authority over the intersection. President Castagno said that the problem involves the Buttonwood Avenue right-of-way; therefore, it is under the jurisdiction of the City. Chief McDerby said that he has consistently recommended closing the intersection, thus establishing Buttonwood Avenue as a local street. Councilperson Reese asked if the City could be sued if Howell Street is closed after DelDOT has recommended against it and a traffic accident occurs. President Castagno answered that the City would seek legal counsel. He then asked for suggestions from the Council. Councilperson DiAngelo noted that motorists going left coming out of Collins Park are usually the ones causing the problems. He recommended making that intersection a right turn only. President Castagno revealed that the City Solicitor would have to outline the options based on the facts. He then asked Public Services Director Jim Weldin for his opinion. Mr. Weldin noted that part of the problem is excessive speed. He will meet with Ms. Seneschal to discuss provisions for traffic calming. (The City is to receive funding for traffic calming.) Councilperson Reese asked if the portable speed bump is still in place there. Mr. Weldin replied that it had only been in place for 30 days, and that traffic calming seems to be the best answer to the problem. Chief McDerby said that since the last Council meeting, Mike Alfree, who lives on Harmony Street, sent the Council a letter concerning truck traffic coming in from the Ferry cutoff. Mr. Alfree’s suggested posting a sign at Fourth and Chestnut Streets, reminding traffic to turn left to return to Route 9. Chief McDerby and Mr. Weldin researched the signage there. They found that two signs on Ferry Cutoff that direct traffic to the left to return to Route 9, but no sign warning truckers not to enter Chestnut Street. He recommends a sign on Ferry Cutoff advising truckers of the 5,000 pound weight limitation for Chestnut Street, and a further reminder at Fourth and Chestnut Streets that trucks over that weight must turn left. He noted that enforcement would require a resolution. Councilperson Reese asked if the resolution would require a public hearing. Councilperson DiAngelo revealed that a resolution passed in 1985 outlines the necessary procedure. President Castagno suggested that the issue be raised at the next Council meeting as the first agenda item after the Council has consulted DelDOT about Route 9 signage. Public Services Director Jim Weldin reported that he hoped to select a contractor to replace the Ninth Street culvert during the Council meeting. A pre-construction meeting is scheduled for sometime within the next two weeks, followed soon after by the actual construction. The Western Greenway construction is almost complete, except for 12 Holly trees and a few other plants that will not be available until the spring. The lights are ready to be installed once the Municipal Services Commission and the contractor coordinate the installation. A penultimate inspection will be performed by Century Engineering, to be followed by a final inspection when construction is complete. Councilperson DiAngelo reported that area residents asked about installing a drainage pipe on Tenth Street to serve as a pass through. Mr. Weldin replied that if money becomes available, the problem will be addressed, at least in the residential area, when the weather is drier. The Friends of New Castle City Parks and Beautification are waiting for Teel Petty to arrange a community meeting to discuss the placement of a small park in Buttonwood. She is waiting for the weather to improve to hold a meeting to discuss the location of the park. Mr. Weldin has been in contact with Councilman Bell’s office, Council President Paul Clark, County Executive Chris Coons, and Representative Johnson concerning the Buttonwood Drainage Project. Senator Margaret Rose Henry has committed $14,000 toward the project. Another $25,000 is required to fully fund the project. He said that the change in administration has resulted in a delay. He has asked Councilman Bell to help speed up the process. Joe Cochran has arranged a meeting on the Wednesday after the Council meeting to try to obtain the $11,000 promised by the County for the project. If the County pledges $11,000, the City will need another $14,000, which he hopes to receive from Representative Johnson. Currently he is working with Representative Johnson’s staff person to procure these funds, although he did not yet have a commitment. President Castagno asked about the Conservation District with respect to the bidding on the project. Mr. Weldin responded that they want a commitment for the money, and that once that is secured, they will release the money. Mr. Weldin pointed out that George O’Neal’s report, which was included in the packet, noted the man hours involved in snow removal in February. He explained that the 21 miles of streets in the City cannot all be plowed or salted all at once. He expressed hope that residents are pleased with the snow removal efforts, and asked for residents’ feedback on what the City did well and what could be improved. He invited them to call his office at 323-6089 or email him at Jimweldin@newastlecity.org. President Castagno asked if residents could also call the 322-9813. Mr. Weldin replied that they could do so. Councilperson Reese noted that in his tour of downtown, he saw debris near the sewage pumping station and asked if the debris could be removed immediately. Mr. Weldin replied that the County would remove the debris and that the drainage project’s scope includes the removal of the sediment that has accrued over the years. The channel will be improved down to the underpass, and the drainage culvert leading back to the County pumping station will be renewed. He said that the problem would be considered at the Wednesday meeting. He expects the county to assist with the project. Councilperson Padmalingam asked when the basketball court promised by ex-City Administrator Bob Martin would be installed. Mr. Weldin said that the court would be installed when the weather breaks in March or April and it becomes possible to lay macadam. He said that stone had been laid, but it had been impossible to use the heavy equipment necessary to roll it because it was so wet. The same problem exists at Suzi Park. Some work has been done at the Van Dyke Park. President Castagno asked if the necessary funding is in place. Mr. Weldin replied that the work will be done with no expense to the City since the money for the parks was donated. Because Finance/Human Services Director Marian C. Delaney was absent, President Castagno directed the Council’s attention to her report included in the packet. It was not discussed. Councilperson Reese moved to accept the reports. Councilperson Miller seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the motion. The motion carried unanimously. Communications President Castagno read several letters. A letter from the Arasapha Garden Club thanked the Council for its generous grant of $1,000 to “help fund New Castle’s 2004 holiday decorations.” A letter from Walter Reed requested $650 to help finance the 2005 New Castle summer concerts on the Battery. Statements of revenue and expenses were enclosed. Councilperson Reese asked if there were contributions in kind. Councilperson Miller replied that the City workers’ time was a contribution in kind. President Castagno replied that the City does not actually put an economic value on that kind of contribution. A letter from the Community Redevelopment Fund advised the Mayor and the Council of the reallocation of the City’s Community Redevelopment Fund award for fiscal year 2005, in the amount of $196,053.23. The award relocates the funds from the City Police Building project to the Government Services Complex. The award expires June 30, 2007. The Delaware State Historical Preservation Office notified the City that the George Reed House on 42 The Strand has received Federal Historic Preservation Fund grant assistance. The covenant accompanying the grant requires the property owner to “protect the assisted work and the historic character of the property for a period of years commensurate with the amount of federal dollars received.” Any work undertaken on the property must meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The covenant expires September 30, 2010. John DiMondi asked the Council to place a moratorium on new hires, long term financial commitments, and or extending employment contracts of current employees. He wants the Council elected in April 2005 to be involved in these matters. He assured the Council that his request does not reflect on those whose “civil service to this city cannot be measured.” Business from the Floor President Castagno asked City Planner Jacquelyn Seneschal to report on her efforts to come up with a unified approach to a tree ordinance. She distributed a list of six recommendations and a list of six discussion topics for subsequent meetings. She then reported on the first two public meetings on the tree ordinance. At the first meeting the City Engineer reviewed the initial results of the tree inventory. The Tree Commissioner and the Director of Public Services presented the results of their current activities concerning tree maintenance. The second meeting focused on reviewing the code provisions related to the Tree Commission and discussed at length whether the City should extend its jurisdiction over street trees. A list of issues raised at the Planning Commission meeting was also discussed. Several Council members and the Mayor were present. First, she recommended that the election of Tree Commission should be brought into compliance with the code. She has asked Jean Williamson to find the date of the appointment for each existing Tree Commission member. Currently, the ordinance provides for nine members of the Tree Commission. Currently, there are seven. They are to be appointed in a rotating order, three in each year to avoid the possibility of a new Tree Commission every three years. There have been no recent appointments to the Tree Commission. Second, as a public display of their commitment, she advised the Council to provide funding for the Tree Commission when planning the 2006 budget. The funds would be used for staffing and maintenance activities. Currently, the Trustees fully fund the Commission. Third, Chapter 74 of the City code identifies the Tree Commission’s responsibilities. Both of the proposed ordinances have been drafted as amendments to that chapter. She suggested that, like the Planning Commission ordinance, the Tree Commission ordinance should have a chapter that establishes the Commission, identifies its appointment process, its responsibilities and its purpose. She suggested separate chapters to define the zoning ordinance and subdivision regulations, which are the ordinances the Planning Commission will assist in administering. The Tree Ordinance should have a chapter that defines a broad mandate, then a chapter that specifies the particular ordinance that they assist the City in administering. After extensive discussion about what the Tree Ordinance should cover, she determined that the ordinance should focus specifically on street trees, which is the primary area of concern. Once this issue is resolved, other concerns can be addressed. The ordinance would provide City jurisdiction over all street trees, define the role of the Tree Commission and the City staff in administering the ordinance, and establish a plan for tree planting, maintenance, and removal. It would provide an enforcement mechanism and establish an appeals process. Both of the draft ordinances have elements of the suggested components. The final ordinance should be one that does all of the things cited. She noted that three more public meetings will be held in March to focus on the issues identified in the earlier meetings, ending with a full draft of the ordinance. She expressed a hope that the meetings would result in a consensus that led to a draft to be presented to the City Council by April 1, 2005. President Castagno asked about attendance at the meetings. Ms. Seneschal said that so many people attended the first meeting that they spilled out into the hall. The second meeting was less well attended, but about 25 or 30 people were present. She provided Jean Williamson with a copy of the sign in sheets, which show who attended each meeting. She said that she had received no comments about the email on the City’s web site, although she has received emails from people concerned about the ordinance. The next workshops are scheduled for March 2, 9, and 16, 2005. Jean Williamson has talked with Chief McDerby and the Police Building is available on those dates. Councilperson DiAngelo asked who decides whether or not a tree is removed, the Council or the Tree Commission? He believes that the Tree Commission should have the authority to decide. Ms. Seneschal agreed, and noted that the Tree inventory showed that only 3% of the City’s trees need attention, as opposed to 20% in Wilmington and that current practices seem to provide protection for the trees. Issues involve enforcement and the sidewalks around the trees. The workshops will help provide information about these issues and how other jurisdictions deal with them. Business from the Mayor There was no business from the Mayor. Business from the Council President There was no business from the Council President. Communications Opening of Bids for a Landscape Architect: The City has received a $140,000 grant in response to a request to DelDOT for funds for a landscape architect for the Western Gateway Project. Part of the funding for that project will be used to hire a landscape architect. The architect will use existing conceptual plans to plan the construction of the Gateway. The proposals submitted for the landscape architect have been evaluated. After the plans are open, Mr. Weldin will meet with the Council to review the proposals. Low bid will not be a major criterion. Rather, the criteria will include the company’s qualification, experience, reputation, ability to work well with the community, and the budget. Mr. Weldin, Kerstin Almquist, and a DelDOT representative of the Transportation Enhancement Funds will evaluate the proposals and recommend the one to be selected. The will present their recommendation to the Council for acceptance. Councilperson Reese asked Mr. Weldin to identify the location of the Western Gateway. Mr. Weldin explained that the Gateway runs from Washington Street to Eighth Street on Route 273. Earl Carpenter asked if Washington Street to Eighth Street on Route 273 is the route to be enhanced. Mr. Weldin replied that it does. He then opened the bids. TetraTech bid $17,745; Vollmer Associates bid $19,380; Pennoni Associates, Inc., bid $14,500; Landscape Architectural Services, LLC, bid $18,843. President Castagno asked if the winning bid could be decided upon within the month. Mr. Weldin noted that in the selection process, speed is a necessity. The longer the selection process, the later planting will occur. If the bid is awarded soon, planting can begin in the spring; if not, planting will occur in the fall. He invites public input. Councilperson Padmalingam asked if the companies are insured and bonded. President Castagno said that they were prerequisites. He noted that the bids are all within a few thousand dollars of one another and that the project will be State funded. Unfinished Business There was no unfinished business. New Business Resolution 2005-03: Authorizing the Creation of a Safety Committee: President Castagno announced that a City management team is working with the City’s insurance company to improve the management of liability situations to make the City safer and more insurable. One of their suggestions is to create a Safety Committee. He then read the resolution. The purpose of the Committee is to promote a safe working environment and to practice safety in the workplace. Councilperson Miller espoused that the creation of a Safety Committee will help make employees aware that a safe environment is a better environment. President said that the best result is achieved when employees take ownership of the process. Councilperson Miller moved to accept the resolution. Councilperson Reese seconded the motion. Councilpersons DiAngelo, Padmalingam, Miller and Reese approved the motion. The motion carried unanimously. Decision To Ask the Good Will Fire Company for the Use of Their Building for the April Elections: Tom Maddux, the election chair, has requested the Council to ask the Good Will Fire Company for permission to use their building for the April elections. He will write the letter requesting their permission on behalf of Council. Councilperson Miller advised making sure that the fire department understands that the elections require more space than the space used by the Trustees for their elections. Councilperson Miller moved to approve the decision. Councilperson Reese seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the motion. The motion carried unanimously. Decision to Reappoint George Freebery to the Municipal Services Commission: President Castagno noted that the Mr. Freebery has served the City and the Municipal Services Commission well and asked for a motion to reappoint him to the Municipal Services Commission. Councilperson Miller moved to accept his reappointment. Councilperson Reese seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the motion. The motion carried unanimously. Awarding of the Contract to Richards Paving for the Ninth Street Culvert Project: Mr. Weldin reported that the City had evaluated six or seven bids for the Ninth Street culvert project and that Richards Paving had submitted a significantly lower bid of $55,000. President Castagno learned that the next highest bid was $86,000. City Engineer reviewed and approved their proposal. Mr. Weldin met with Richards Paving representatives to ensure that they understood the project’s requirements. Mr. Weldin said he had expected that the December time frame of the project would result in some low bids. Richards Paving said that their bid was partly predicated on the need to keep their workers employed. President Castagno expressed his concern that companies that contract for work “to keep the wheels spinning” would be less reliable if they find other ways to make money. Mr. Weldin said the contract has provisions for City inspectors to scrupulously review Richards’ work. President Castagno learned the budget for the work was approximately $100,000. Councilperson DiAngelo asked if the figure cited was just for the culvert, not the blacktop. Mr. Weldin said that it was. President Castagno noted that it was fortunate that the timing and the separation of the two construction phases allowed the City to save $40,000 or more. He observed that because putting the culvert in would cut the road in half, the road would be closed during that period. Some coordination of the work associated with the gas line and sewer line would also become necessary. During construction, to place the culvert in a dry bed, inflatable upstream and downstream dams will be installed during construction to make it possible to pump the water out. When the culvert is installed, the dams will be removed to permit the water to flow through Councilperson Reese asked if there would be a place for the water to go once the culvert is installed. Mr. Weldin replied that an impact study was done several years ago, and that damming and pumping would be done. President Castagno asked if the damming and pumping would be part of the culvert project. Mr. Weldin replied that when the culvert is in place, it must be dammed for awhile. The City Engineer David Athey has been involved in that part of the project. If everything works as planned, no problem should arise except perhaps under extreme circumstances, such as the instance when a high tide and a storm occur simultaneously. He revealed that the Conservation District put in an elaborate tide gate structure to create a wildlife refuge. This makes it possible to raise and lower the tide. Councilperson Reese asked if the water under Ninth Street will flow down Seventh Street into the marsh. According to David Athey’s analysis, Seventh Street would overflow periodically, but the project is planned to eliminate the overflow situations, even though a heavy tide exists there. He expects DelDOT to become involved in eliminating Route Nine’s overflow problems. President Castagno asked if the culvert will provide better drainage upstream toward Route 273 and learned that it would, and that the two 42-inch circular concrete culverts to be installed would double the culvert’s capacity, resulting in fewer drainage problems downstream. Eventually, he expects improvements to be implemented upstream. He has scheduled a pre-construction meeting a week from the Council meeting. The road is already closed and the water main is out of the way. How soon the culverts can be installed depends on how soon the contract is negotiated, a pre-construction meeting is held and work begins. He expects work to begin in three weeks. Councilperson DiAngelo asked if the culvert at Ninth Street would help Eleventh Street where the condominiums are when flooding occurs and if anything will improve on Eleventh Street as the result of the Ninth Street culvert. President Castagno said Eleventh Street is a DelDOT problem. Mr. Weldin said that Eleventh Street will see a small benefit. DelDOT should be involved because of the problems on Route 273. Charlotte Houben of Washington Park asked if the project would help anyone in Washington Park. Councilperson DiAngeo said that the project would help people on Washington Square, but until larger pipes are used in the Washington Street area, no significant improvement will occur. The Washington Park area is still in progress. Mr. Weldin said that the City is still working with the Department of Natural resources for grant funding of marsh rehabilitation. The City completed part of the project by removing fragmites near Dobbinsville. Removing the rest of them is the next step. He plans to approach a number of funding sources to restore the marsh and to help eliminate the flooding problem Councilperson Reese moved to award the contract to Richards Paving. Councilperson Milled seconded the motion. Councilpersons DiAngelo, Padmalingam, Miller, and Reese approved the motion. The motion carried unanimously. Bank Resolution to Pay Grassbusters Landscaping Company, Inc., for State Project 24-200-11: At the last Council meeting, Councilperson Miller read the bank resolution to pay Grassbusters Landscaping Company, Inc., the sum of $63,043 for the Heritage Trail, from New Castle to Christiana River (State Project 24-200-11). However, the figure was incorrect. She reread the resolution at the current meeting, with the sum to be paid changed to $77,950. She noted that the City would receive some reimbursement toward the cost of the project. Councilperson Reese moved to accept the resolution. Councilperson DiAngelo seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the motion. The motion carried. Comments from the Floor Chief Eugene Petty of the Buttonwood Civic Association announced that he didn’t hear Chief McDerby’s comments about DelDOT’s report on closing Howell Drive because he came late. He noted that the report mentioned a speed bump on Buttonwood Avenue even though that speed bump has been removed. The statement that no one goes over 28 or 30 miles an hour is incorrect. Speeding is still a problem; the report mentions the safety and inconvenience of Collins Park without considering the safety and inconvenience of Buttonwood residents. He asked if the same people were involved in closing Penn Acres South in Wilmington Manor as in evaluating closing Howell Drive. He asked if DelDOT was responsible for the report. Mr. Weldin advised him that DelDOT had hired an independent research firm to do the study. Chief Petty reminded the Council that numerous accidents have occurred in Buttonwood, and he wants something done before someone is killed. Mr. Weldin agreed that the intersection should be closed. He said that the proposal needed to be revisited with the Secretary of Transportation. Councilperson Reese suggested asking DelDOT why some communities could have roads closed, but not Buttonwood. Councilperson DiAngelo suggested that those communities have more clout. Chief Petty reminded the Council that the Buttonwood Civic Association will host a Meet the Candidates night. He invited everyone to the event, which will occur on February 26, 2005, at 7:00 PM in the Police Department’s conference room. All of the City’s candidates as well as the public are invited. President Castagno asked if a moderator would be present. Chief Petty said someone would moderate, and the candidates could introduce themselves. Chandler Gebhart reported that the Trustees recently appointed him to serve on the Tree Commission board to replace Clay Bridgewater. He praised Mr. Bridgewater’s work as a Trustee. The Tree Commission has given Mr. Gebhart the task of asking questions about the tree ordinance. He also praised Ms. Seneschal and the Council for defusing and moderating the controversy over the City’s trees. He expressed concern that the Trustees have not yet received any correspondence that the insurance companies have sent the City. Because he hasn’t had time to investigate in depth the issues related to the City’s trees, he cannot yet determine how the ordinance will affect the trees on Trustee land. President Castagno noted that all correspondence had been sent to the Tree Commission, and asked Mr.Gebhart if he wanted a separate copy of the correspondence. Mr. Gebhart said that he wants the Council to understand that the Tree Commission has been one person short and for him to understand the issues involved, he needs more information. He urged the Council not to rush to pass an ordinance until all aspects pf that ordinance have been thoroughly explored. He questioned the wisdom of setting April 1, 2005, as the date for the completion of the ordinance. Ms. Seneschal said that her goal is to have a draft available by April 1, 2005. Her presumption is that it would be the focus of the new commission, but Council must decide how to proceed. Since this Council started the process, they should have the opportunity to see a draft, even if they take no action on it. Mr. Gebhart insisted that April 1, 2005, should not be the deadline for a draft. As important as the Tree Ordinance is, he wants public input, but he doesn’t want the ordinance passed to the new Council with information that has not been properly evaluated by all the people involved. Councilperson Reese reminded him that three public meetings are scheduled in March, and then three readings are required before the ordinance could be passed. The earliest public hearing would be in April. Mr. Gebhart stated that another few months will provide time for a healing process and result in a better ordinance. The Trustees are not asking for the work on the ordinance to stop, but simply to refrain from rushing to turn over a draft to the new Council. He would like to get feedback from the Trustees. The Tree Commission would like the opportunity to work with the new Council to develop a draft. He said he is in favor of the workshops if they are helpful, but he wants an opportunity to work with the new Council and the Mayor. Councilperson Miller stated that there was no reason why the Council could not seriously consider his request. Councilperson Reese asked if the Tree Commission had sent him as their spokesperson. Mr. Gebhart said they had and that he also has an obligation to report to the Trustees how the ordinance would affect their land. Kerstin Almquist noted that Council appoints two member of the Tree Commission every three years. She pointed out that the current Chair of the Tree Commission has served the community extremely well for a number of years. She asked the Council to refrain from changing this. Meeting Adjourned Councilperson Miller moved to adjourn the meeting. Councilperson Reese seconded the motion. Councilpersons DiAngelo, Miller, Padmalingam, and Reese approved the motion. The motion carried unanimously. The meeting was adjourned at 8:22 PM. Next Scheduled Meeting The next City Council meeting is scheduled for March 8, 2005. Respectfully submitted, Darcy Mozer, City Clerk |
