Present:
Council President William Blest
Councilperson Donald Reese
Councilperson Janet Churchill
Councilperson Teel Petty
Councilperson John Gaworski, Jr.

Also Present:
City Treasurer Janet Carlin, City Administrator Cathryn Thomas, Director of Public Services Joe Freebery

A Public Hearing was held at 6:45 p.m. to discuss placement of Stop Signs at the intersection of Clayton and 7^th Streets. Dan Plumley stated that he was not the resident who requested the Stop Signs but some of his neighbors have spoken to him about the speed of traffic and the need for Stop Signs. Mr. Plumley stated that he was the resident who requested a Dead End sign on Clayton St. and thanked Council for placement of the sign. Councilperson Reese stated that Stop Signs may help slow down traffic. Councilperson Gaworski stated that he has noticed the speed of the traffic and that no one seems to stop at the Stop Sign already in place on 7^th Street. Mr. D’Alessandro expressed concerns about the speed of traffic on 7^th Street. Councilperson Petty said she was in favor of anything that would protect the safety of the residents.

The meeting was adjourned at 6:58 p.m.

Present:
Council President William Blest
Councilperson Donald Reese
Councilperson Janet Churchill
Councilperson Teel Petty
Councilperson John Gaworski, Jr.

Also Present:
Mayor John F. Klingmeyer, City Treasurer Janet Carlin, City Solicitor Roger Akin, City Administrator Cathryn Thomas, Police Lt. Adam Brams, Director of Public Services Joe Freebery, State Rep. Michael Mulrooney

Approval of Minutes to Date

A motion was made to accept the Minutes of May 29, June 5, June 18, June 24, June 26, 2008, as presented passed unanimously.

Approval of Treasurer’s Report

Janet Carlin reported that there was $400.00 in petty cash, $213,797.16 total deposits for the month, $650,943.72 in the Wilmington Trust Accounts, $490,759.85 in the Certificates of Deposit and Delaware Government Investment Pool and $1,141,703.57 total cash on hand. A motion was made by Councilperson Reese to accept the report as presented and it was seconded by Councilperson Churchill and passed unanimously.

Approval of City Administrator’s Report

Mrs. Thomas stated that her report to Council was in their packets and spoke about the Western Gateway. Bidding for the Gateway was opened today and the three bids received were very favorable for the City. Mrs. Thomas also spoke about the City’s Emergency Management Plan, a final draft of which has been prepared for review, and will need to be adopted by the City Council at a subsequent meeting.

Approval of Staff Reports

Lt. Adam Brams stated that the Police report was in Council’s package and also that the Police are working on a strong arm theft, fraud incidents at Airport Plaza and the Police have looked at six applicants for one opening on the force. Mr. Freebery stated that his report was also in Council’s packet.

Grant Review

Mrs. Churchill gave the grant information for the month of July. Monies received were $53,966.01 for the Police Pension and $27,600 for Separation Day. Bellanca Hanger expenses for the month were $16,170 to Joshi Construction and $25,886.70 to Wilkinson Roofing & Siding.

Communications

Councilperson Petty stated that the City’s Summer Camp Program was about to end and invited the counselors up to introduce themselves to the audience.

Council President Blest read a letter from Gene Dempsey requesting that the Antique Show be allowed to be held again this year on August 24, 2008. Council agreed that the Antique Show could go forward as planned.

Council President Blest stated that Herb Swanson has requested clarification on a paper street in the City. The matter has been turned over to Roger Akin for review.

Business from the Floor (concerning agenda items only)

Council President Blest received a petition from the residents of 4^th Street regarding the problems that the residents are experiencing, specifically the problems with the resident at 48 W. 4^th Street. The letter was signed by several 4^th Street residents. Mr. Tom Geraghty spoke on the construction problems that are occurring at 48 W. 4^th Street. Mr. Geraghty thanked the Police for all that they have done but feels that the City Building Inspector needs to become involved in this matter. Mr. Akin stated that he had gotten back to Jeff Bergstrom noting that the Building Department must insist on permits and if the resident did not obtain permits, a stop work order should be issued. Also, if the Building Official does not feel the work is not being done safely, a stop work order can and should be issued. Also, if Ms. Carpenter was outside causing problems, the neighbors could file a criminal complaint against her. Mr. Geraghty stated one of his biggest concerns is that Mr. Bergstrom told him there was no fire wall between the residences. He wants to know what can be done about this and when will it be done. President Blest stated that Council will meet with Roger Akin at the Executive Session to decide how best to proceed as quickly as possible.

Business from the Mayor

Mayor Klingmeyer thanked the residents of 4^th Street for coming out to voice their concerns.

Business from the Council President

None.

Unfinished Business

1. Motion, Discussion and Vote on Resolution No. 2008-21, approving a request for a handicapped parking space to be located in front of Dr. Padmalingham’s office at 25 W. 7^th Street. Councilperson Gaworski read the Resolution. Councilperson Churchill made a motion to accept the Resolution. It was seconded by Councilperson Petty. The Resolution was modified that the handicap parking would be effective only on weekdays from 8 a.m. to 6 p.m. The Resolution was passed unanimously.

2. Motion, Discussion and Vote on Resolution No. 2008-22, approving a Minor Subdivision for 350 Glebe Lane, Parcel No. 21-011.00-011, owned by the Immanuel Episcopal Church. Council President Blest read the Resolution. Councilperson Reese made a motion to accept the Resolution. It was seconded by Councilperson Churchill. (Reese-yes, Petty-yes, Churchill-yes, Gaworksi-yes, Blest-yes).

3. Motion, Discussion and Vote on Resolution No. 2008-23, to rescind Resolution No. 2006-24, concerning closing off access from Howell Drive to Buttonwood Avenue. Councilperson Gaworski read the Resolution. Councilperson Reese made a motion to pass the Resolution. It was seconded by Councilperson Churchill. Councilperson Petty voiced her strong opposition to rescinding the Resolution. Councilperson Gaworski stated that he has spoken to Rep. Mulrooney and Mr. Vanucci, the fire chief, and they felt that the barricades cause a hazard should there be an accident on the railroad track and the emergency vehicles cannot get through. Council President Blest stated that he has received emails from Rep. Mulrooney and Rep. Bell but really has not heard from the residents regarding the barricades. Councilperson Reese stated that his original vote in favor of Resolution 2006-24 was a “knee jerk” reaction but if Rep. Mulrooney had funding to install traffic calming measures, he would agree to remove the barricades under the condition that the traffic calming measures be put in place before the barricades are removed. Council President Blest stated he would like to see what DelDOT was willing to install before deciding. Councilperson Churchill made a motion to table this matter until Council receives some type of plan from DelDOT as to what traffic claming measures they intend to use. It was seconded by Councilperson Petty and accepted unanimously.

4. Motion, Discussion and Vote on Resolution No. 2008-24, to hire the Kercher Engineering firm to prepare plans and bid specifications for the 2008-09 road and street repair project. Councilperson Gaworski read the Resolution. Councilperson Reese made a motion to adopt the Resolution. It was seconded by Councilperson Churchill. Council President Blest stated he felt $6,000 was too much and the City should be able to do this in house since we now have a City Administrator and Public Services Director. Council President Blest was opposed but the remainder of Council passed the Resolution.

5. Motion, Discussion and Vote on Resolution No. 2008-25, to amend the agreement between the City and the URS Corp. for developing the City’s Comprehensive Plan Update. Councilperson Churchill read the Resolution. Councilperson Reese made a motion to accept the Resolution. It was seconded by Councilperson Petty. Council voted on the matter. (Reese-yes, Petty-yes, Gaworski-yes, Churchill-abstaining, Blest-abstaining)

6. Motion, Discussion and Vote on Resolution No. 2008-26, approving placement of STOP Signs at the Intersection of Clayton and 7^th Streets. Councilperson Reese read the Resolution. Councilperson Churchill made a motion to accept the Resolution. It was seconded by Councilperson Petty and passed unanimously.

7. Discussion to schedule a Public Hearing to consider a request for Rezoning two parcels from Open Space and Recreation (OS&R) to R-3 Residential: 901 Delaware Street, Parcel No. 21-010.00-016; and 0 Delaware Street, Parcel No. 21-010.00-017. Mrs. Thomas stated that the Planning Commission is recommending the rezoning with the restriction that the properties be used strictly as residential. Mr. Akin stated that if the properties are rezoned R-3, the properties can be used for any purpose within the R-3 restrictions. The property owners are proposing a plan with 51 new townhomes on the properties in question. Councilperson Gaworski voiced his concern about the amount of traffic and that the proposed new entrance would not line up across from the existing 9^th Street. A Public Hearing will be scheduled for August 27 at 6 p.m. to consider this request.

New Business

1. Motion, Discussion and Vote, confirming the Mayor’s recommendations of persons to be appointed to the Planning Commission. The Mayor appointed David Bird, Bernard Pinkett and Jack Norsworthy. Councilperson Reese made a motion to accept the Mayor’s appointments. Councilperson Churchill seconded it and it passed unanimously.

2. Motion, Discussion and Vote on a Bank Resolution to pay Stripe-A-Lot the final payment, in the amount of $178, 254.26, for work on the 2007-08 Road and Street Repair Project. Councilperson Churchill read the Resolution. A motion was made and seconded and it was passed unanimously.

3. Discussion concerning development of a City Tree Ordinance and $5,640 in funding from the State Livable Delaware program. Council President Blest suggested that this item be tabled until the Tree Commission gets back to Council with an update. Councilperson Churchill made a motion to table this matter. Councilperson Petty seconded it and it passed unanimously.

4. Consideration to refer to the Planning Commission a request for rezoning a portion of 300 W. 7^th Street, Parcel No. 21-014.00-396, from IN Industrial to R-3 Residential. Francis DeAscanis of CPR Construction spoke to Council regarding the request. The property in question is on 7^th Street across from the prior Gambacorta Buick showroom. Councilperson Churchill made a motion to send this item to the Planning Commission. It was seconded by Councilperson Gaworski and passed unanimously.

5. Comments from the floor.

6. Executive Session to discuss a matter of pending litigation.

Councilperson Reese made a motion that Council adjourn to Executive Session. It was seconded by Councilperson Churchill and passed unanimously. The meeting was adjourned at 9:53 p.m.

Respectfully submitted,

Jill F. DiAngelo,

City Clerk