220 Delaware Street
New Castle, Delaware 19720
(302) 322-9804

Mayor and Council of New Castle
City Council Regular Meeting
New Castle Town Hall - Delaware Street - New Castle
Tuesday, April 11, 2006 - 7:00 p.m.

Roll Call

Present:

Council President Blest
Councilman Reese
Councilwoman Churchill
Councilwoman Petty
Councilman DiMondi

Others present: Treasurer Janet Carlin, Police Chief Kevin McDerby, Master Sgt. Barnes, City Administrator Cathryn Thomas. James Harker, Esquire, David Athey, Jeff Bergstrom

Council President Blest convened the meeting at 7:00 p.m. and led those assembled in the pledge of allegiance.

Approval of Minutes to Date

A Motion was presented by Councilman Reese to accept the Minutes to Date. The Motion was seconded by Councilwoman Churchill. Minutes to Date were accepted as presented.

Approval of Treasurer’s Report

Janet Carlin stated that the Total Petty Cash on Hand was $290.00, Total Monthly Deposits were $229,139.05, Total Cash in the Wilmington Trust Accounts was $310,111.68, Total Certificates of Deposit and De. Government Investment Pool was $888,733.90 and the Total Cash on Hand was $1,198,845.58. Councilman Reese moved to accept the Treasurer’s Report as submitted.
It was seconded by Councilwoman Churchill. Motion passed unanimously.

Approval by Date of Director’s Report

Cathryn Thomas stated that the YTD revenues are at 92.9% and that the expenditures are at 77.0% as of March 2006. Councilwoman Churchill moved to accept the Director’s Report as submitted. It was seconded by Councilman Reese. Motion passed unanimously.

Grant Review

Councilman DiMondi spoke of the following grants that have been applied for:

1. B2 DelDot Agreement #-6-P-PROG-70–The City has been approved to receive funding from DelDot in the amount of $54,148.00 for specified paving projects. The City has received funds in the amount of $5,414.80, which represents 10% of the total funding. DelDot will give the balance of the project funding to the City once a contract has been awarded.

2. B3 State of Delaware Department of Transportation–An agreement (Agreement #06-P-PROGRAM -11) to transfer $150,00.00 from DelDot to the City for the 9th St. paving project is on file. Receipt of funds in the amount of $79,688.47 for the paving of 9th St. from Gray St. to Washington St. has been received. Invoices in the amount of $46,596.50 and $23,715.03 have been submitted to DelDot for reimbursement. A check in the amount of $70,311.53 was received from DelDot in February.

3. B4 Delaware Emergency Management Agency– The City has requested reimbursement of $5,000.00 under the Homeland Security Grant Program for the previous purchase of a Ricoh 240 wide format plotter/copier/scanner. A check in the amount of $5,000.00 has been received by the City from DEMA and a check in the amount of $5,000.00 has been issued to MCS for reimbursement.

4. B-5 State of Delaware Community Redevelopment Fund–The City has applied for a request for reimbursement of project costs from the State in the amount of $10,322.32. Invoices in the amount of $25,806.58 have been submitted at 40% reimbursement for the purchase of recreational equipment for City parks.

5. C0- SLEAF Grant - AFIS- The City was awarded a grant in the amount of $85,000.00. The automated fingerprint and identification system has been delivered and installed. A check in the amount of $58,465.00 has been paid to Motorola. An additional amount of $840.00 was also expended under this grant. The Public Safety Department is receiving training from Motorola. The City will return the unused funds ($25,695.00).


6. C1 Delaware Emergency Management Agency–The City’s application for a grant in the amount of $23,750.00 from the 2005 Homeland Security Grant Program has been approved for the purchase of laptops. The City received a check from DEMA in the amount of $22,316.00 in February. The remaining funds have been used for the installation of the laptops into police vehicles.

7. C2 Delaware Emergency Management Agency–The approved grant from the New Castle Citizen Corps Council, sponsored by the Public Safety Department, is to include a webpage, which is currently in the design stage. The web site address is www.newcastlepd.us. $14,069.67 of the $15,000.00 grant has been used.

8. C-3 US Smokeless Tobacco Company–An Application has been submitted by Public Safety requesting a Polaris Ranger 6x6 Utility Vehicle. The City received a letter from the US Smokeless Tobacco Co. that our request was not selected.

9. C5 State Aid to Local Law Enforcement–An application has been submitted for $11,331.13 for the purchase of equipment in the amount of $4,445.00 to cover 180 hours of overtime for special investigations and drug enforcement. The City received a check in the amount of $8,493.34 in January and is expecting receipt of the remaining funds in March.

10. C6 State of Delaware Department of Public Safety–An application has been submitted by the Public Safety Department requesting funds in the amount of $7,326.40 from the Emergency Illegal Drug Enforcement Program. The City has received a check in the amount of $5,494.80 and expects the reaming funds in the upcoming month. An application for additional funds in the amount of $514.95 was submitted in February. This is for overtime enforcement concerning drug investigations.

11. C-7 Federal Government Grant-Bureau of Justice–The Public Safety Department has applied on-line for reimbursement from the Federal Government for the purchase of 3 bulletproof vests recently purchased by the Public Safety Department. An application in the amount of $1,121.16 has been submitted for the vests, which cost $2,242.31.

Communications

Councilman Reese received feedback from Jeff Bergstrom and Charles Cobb regarding the 25' zoning code. Jeff Bergstrom will draft a letter to the Planning Commission requesting changes to the code so that all developments within the city will be conforming.

Councilwoman Petty received a letter from Senator Henry appropriating $25,000.00 to the City. She also received a letter from the Sailing Club thanking the Public Works Department for the beach clean up.

Councilman DiMondi forwarded a letter to Richard Keller regarding the 9th St. Paving Project stating the Mr. Keller agreed to indemnify the City with 4 equal installments of $23,000.00 to be paid in successive months beginning March 30, 2006.

Business from the Floor

Tom Gerahty spoke of the off street parking issues and Mr. Gerahty was upset with Mayor Klingmeyer for vetoing the off street-parking ordinance.

Charles Cobb voiced his opinion regarding #5, Unfinished Business, and requested that Council enter into the Agreement with the Trustees and B&E.

Tom Simpers spoke of the Riverbend project and stated that he would rather see Riverbend be a residential area as opposed to an industrial area.

Joseph DiAngelo stated that he felt the developer held up his end in the Riverbend project and is agreeable to a residential area.

Dorsey Fiske requested that council leave the bypass road on the Comprehensive Plan.

Mr. Evans spoke of his displeasure with Mayor Klingmeyer for vetoing Ordinance 430.

Dr. Padmalingam requested that Council clean up the beach at Battery Park and make this an ongoing task.

Master Sgt. Barnes was awarded a plaque from City Council commemorating his 15 years of dedicated service to the New Castle City Police Department.

Unfinished Business

1. Discussion, Motion and Vote on Ordinance 430 amending the Zoning Code of New Castle by changing the requirements of §§ 230-1, 230-28 and 230-52, concerning the Historic District Parking Regulations and whether or not to override the Mayor’s veto of said proposed Ordinance. After a short discussion, a Motion was made by Councilman DiMondi to table this matter and was seconded by Councilman Reese. (Blest-yes, Reese-yes, Churchill-yes, Petty-yes, DiMondi-yes). The matter was tabled.

2. Discussion, Motion and Vote on Ordinance 431 amending the Zoning Code of New Castle by changing the requirements of §§ 230-18B to permit Private Clubs and Lodges as special exceptions in a Residential District (R-3) if approved by the Board of Adjustments. Council President Blest has the first reading of the Ordinance and Councilman DiMondi stated that he wanted a section in the Ordinance specifically dealing with parking spots not being eliminated for building expansion.

3. Riverbend Issues: (a) Motion and Vote on proposed Ordinance T.B.A., to amend the 2003 Comprehensive Plan Update for the City of New Castle by removing the suggestion under the Transportation Plan (goal No.2, Strategy No. 4) to “Create a Route 9 bypass of the downtown south of Dobbinsville and Washington Park. Council President Blest has the 1st and 2nd reading of the Ordinance. Councilman Reese made a Motion to amend the Ordinance and it was seconded by Councilwoman Churchill. Motion passed unanimously.
(b) Motion and Vote on proposed Ordinance T.B.A., to amend the 2003 Comprehensive Plan Update for the City of New Castle by removing the suggested Land Use for the Parcel where the Riverbend subdivision is proposed to be developed from IOP to R-3. Council President Blest had the 1st reading of the Ordinance. For the 2nd reading the “...NOW, THEREFORE...” clause for read aloud.
(c) Motion and Vote on proposed Ordinance No. 432 to amend the Zoning Code of New Castle by rezoning a portion of land designated IOP to R-3, i.e., the proposed Riverbend subdivision. Council President Blest held the 1st and 2nd reading of the Ordinance.

4. Resolution No. 2006-08, to consider placing traffic calming signs on 9th St., specifically a Stop Sign on 9th St. intersecting with Gray St. coming from Washington St. and a Local Truck Limit Sign on 9th St. as it intersects with Washington St. The Resolution was amended (3rd line of resolution, the date of the public hearing was changed from March 14, 2006 to April 11, 2006). Council President Blest made a Motion that the Resolution be passed, as amended, and it was seconded by Councilman Reese. The Resolution was unanimously passed, as amended.

5. Motion authorizing City to enter into an agreement with the Trustees of the New Castle Common and Brosius-Eliason Company resolving questions and issues relative to property titles on South St., Penn St. and Third St. Mr. Taylor, attorney for the Trustees, gave a speech regarding the background of this issue. A vote was taken by Council. (DiMondi-no, Petty-no, Blest-yes, Churchill-yes, Reese-yes) and passed.

New Business

3. Discussion on request to vend hot dogs, soda, water and soup in the vicinity of Battery Park for the company Almost History, Inc. Wayne Kelley of Almost History requested that Council consider his permit for vending. Councilwoman Churchill made a Motion that a $50.00, one time fee, be imposed and that the days permitting vending be kept as they were. Motion was seconded by Councilman Reese and passed unanimously.

1. Receipt of recommendations from the Land Use Subcommittee and consideration the City Council for referral to the Planning Commission. After a discussion Council agreed that they would agree to send the recommendations to the Planning Committee although they were not necessarily endorsing the recommendation.

2. Discussion on annual request to extend outdoor service hours at the Castilian Club. After a discussion Council agreed that they would not permit the Castilian Club request unless some type of fence, barrier, etc. was put in place along Delaware Street.

4. Consideration to adopt a Policy of the City Council concerning workflow and process for City employees. Councilwoman Petty presented a Work Flow Policy and Process to Council. Councilman Reese made a Motion to adopt the policy and it was seconded by Councilwoman Churchill and passed unanimously.

5. Discussion proposed Ordinance No. 433 amending the Code of New Castle by changing the requirements of §230-28 concerning Historic District Parking Regulations. Councilwoman Churchill made a Motion to send the Ordinance to the Planning Commission and it was seconded by Councilman Reese and passed unanimously.

6. Discussion on the schedule for upcoming budget workshop sessions. Budget meetings will be held on May 2nd, 11th, 16th and 23rd.

7. Discussion and possible motion and vote to seek bids for construction of a records archive storage facility, to be constructed inside the Trolley Barn. A discussion was held regarding getting bids for a new storage facility. Councilman DiMondi stated that he felt this matter should be taken up at the budget meetings. Councilwoman Churchill made a Motion to move forward with getting bids, etc. for the archive facility and it was seconded by Council President Blest.

8. Discussion and possible motion and vote to support Delaware Police Chiefs and Officers concerning their request to the Delaware State Legislature for certain provisions to be included in any State legislation adopted that would broaden the ability of more persons to carry concealed weapons.
Councilwoman Churchill made a Motion to support the Delaware Police Chiefs and Officers concerning their request to the Delaware State Legislature for certain provisions to be included in any State legislation adopted that would broaden the ability of more persons to carry concealed weapons and it was seconded by Councilman Reese and passed unanimously.

9. Resolution to honor the memory of Joseph Toner. The Resolution was read aloud by Council President Blest and passed, as amended, by Council.

10. Motion for executive session concerning a personnel matter of a particular employee and a strategy session with the City Solicitor regarding collective bargaining matters. Councilwoman Churchill made a Motion for Executive Session and it was seconded by Councilman Reese.


The meeting was adjourned at 10:13 p.m.

Respectfully Submitted,


Jill DiAngelo,
City Clerk