SAFETY ADVISORY AND TRANSPORTATION COMMITTEE

The Safety Advisory and Transportation Committee Meeting was held on February 27, 2007, at 6:00 p.m. with Chairman Hogan presiding. Members present were Mr. Carey, Mr. McGiffin, Mr. Lakeman, and Mr. Link. Councilman Ruane and Mayor Speed (arrived at 7:20 p.m.) were also present.

AGENDA ADDITIONS/DELETIONS

Mr. Carey moved for approval of the agenda, seconded by Mr. Link and unanimously carried.

Presentation - Norfolk Southern - Rail Safety, HAZMAT, and Tracking Infrastructure

During their regular meeting of October 24, 2006, the Safety Advisory and Transportation Committee members decided that a public hearing should be held to discuss the August 25, 2006 Reichhold Chemical incident with an invitation being sent to those involved in the incident for further discussion. Mr. Hogan stated that the purpose of the public hearing was to discuss what was learned from the August 25, 2006 incident, how procedures can be improved, to relay concerns, and ask questions of those who were involved in the incident. He also indicated that Mr. Scott Muir, representative of Norfolk Southern Corporation, was invited to attend the meeting held on January 11, 2007; however, he was unable to attend the meeting and that a followup invitation would be sent to attend the next regularly scheduled meeting.

Mr. Muir of Norfolk Southern Railway Company, a subsidiary of Norfolk Southern Corporation, presented an overview of the Norfolk Southern Railway Company (Attachment #1). He indicated that there are two (2) railroad systems located west of the Mississippi River and two (2) railroad systems, which are CSX and Norfolk Southern, located east of the Mississippi River. Mr. Muir noted that Norfolk Southern relies on Amtrak rail lines between the hours of 10:00 p.m. and 5:00 a.m. to connect their main line in Maryland to Delaware rail lines. He stated that in 2006 the Delmarva Business Unit was formed to assist with transportation when other lines are unavailable which would increase operating efficiency, improve customer service, and develop new business.

Mr. Muir stated that there are a number of community involvement programs such as Transportation Community Awareness and Emergency Response (TRANSCAER), which is a training exercise that examines train cars from the inside out. DEMA participated in the last TRANSCAER exercise that was held in Baltimore, Maryland. There is also a training exercise area located in Pueblo, Arizona where a circular railroad track has been set up to test equipment and rail cars.

Responding to Mr. Hogan, Mr. Muir stated that information is kept on the approximate location of all their rail cars and that they are currently pursuing updating to a GPS tracking system. Mr. Muir stated that, according to Federal law, hazmat rail cars cannot sit in one specific area for longer than 48 hours prior to delivery. He stated that he would provide information regarding the law to members (Attachment #2).

Mr. Link expressed concern regarding the rail cars that have been stored along New Burton Road and whether or not they are empty or what product is contained inside. Mr. Muir indicated that he is unsure of what they contain and whether they are empty or not. He stated that communities are provided information regarding the top twenty-five (25) hazardous chemicals that could be transported through their area at any time.

Mr. Carey suggested that Mr. Muir keep members updated on the statistics and new legislation requirements and provide members with the top twenty-five hazardous chemicals that may be transported through the City of Dover.

Responding to Mr. Ruane, Mr. Muir stated that various improvements, such as lengthening the sidings and installing additional switches at the Camden Wyoming storage yard, are being researched to reduce the dwell time for hazardous products near communities.

Mr. Ruane suggested that rail cars and engine cars, especially the ones that are left running for long periods of time, should be stored next to the commercial side of the tracks along New Burton Road instead of near the residences.

Mr. Hogan suggested that the recommendation to hire a full time emergency management coordinator, as suggested in the City Manager’s Report on the Reichhold Chemical Incident given during the Safety Advisory and Transportation Committee meeting of October 10, 2006, be discussed during the next meeting.

Proposed Ordinance Amendment - Sprinkler Requirements

Mr. Dave Truax, City Fire Marshal, provided a presentation on a draft ordinance that would require the installation of sprinklers in townhouses (Attachment #3). He indicated that there are numerous benefits with sprinklers being a requirement in townhouses, such as increasing the survivability of occupants, decreasing the amount of fire damage, and a possible discount on homeowners insurance.

Mr. Hogan noted that it was an informal review of the proposed draft ordinance and that public comment would be taken.

Mr. Hogan declared the public forum open.

Mr. Scott Kidner, Delaware State Director of The National Federation of Independent Business, indicated that he has been asked to meet with Mr. Truax, on behalf of the Central Delaware Chamber of Commerce, Kent County Association of Realtors, and the Home Builders Association of Delaware, to discuss the proposed ordinance and how it can be developed to benefit all that will be affected.

Mrs. Judy Diogo, President of the Central Delaware Chamber of Commerce, and Mr. Todd Stonesifer, Vice President of Kent County Association of Realtors, indicated their primary concern with the ordinance is that it would have a negative impact on affordable housing and that they are both looking forward to working with Mr. Truax on this issue.

Mr. Bob McLeish, President of the Home Builders Association of Delaware, stated that he is willing to participate with Mr. Truax in the discussion process.

Mr. Hogan declared the public forum closed.

Mr. Link moved to refer the matter back to staff to research options and to confer with members of the community and other agencies to obtain their input for a report back to the committee. The motion was seconded by Mr. McGiffin and unanimously carried.

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

Meeting Adjourned at 7:26 P.M.

                                                                                    Respectfully submitted,

                                                                                    Kenneth L. Hogan

                                                                                    Chairman

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Attachments to Original Minutes and File Copy

Attachment #1 - Norfolk Southern Railway Corporation Presentation

Attachment #2 - Federal 48 Hour Rule regarding Rail Cars

Attachment #3 - Why Sprinkle Townhouses Presentation