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

Mayor and City Council of New Castle
City Council Meeting
New Castle Town Hall - Delaware Street - New Castle
Tuesday, September 13, 2005 - 7:00 p.m.
DRAFT

Roll Call

Present:

Council President Blest
Councilman Reese
Councilwoman Churchill
Councilwoman Petty
Councilman DiMondi

Others present: Mayor Klingmeyer, Treasurer Janet Carlin, Marian C. Delaney, Finance/HR Manager, Police Chief Kevin McDerby,

Council President Blest convened the meeting at 7:05 p.m. and led those assembled in the pledge of allegiance.

Approval of Minutes to Date

Councilwoman Churchill moved to accept the Minutes of the August 9th Regular Council meeting and the July 28th Special Meeting as submitted. It was seconded by Councilman Reese. Motion passed unanimously.

Approval of Treasurer’s Report

Janet Carlin stated that the Total Petty Cash on Hand was $270.00, Total Monthly Deposits were $1,759,413.01, Total Cash in the Wilmington Trust Accounts was $658,631.51 and the Total Cash on Hand was $1,994,363.53. Councilman Reese moved to accept the Treasurer’s Report as submitted. It was seconded by Councilman DiMondi. Motion passed unanimously.

Approval by Date of Director’s Report

Marian C. Delaney stated that several City employees would attend a defensive driving refresher course. The Delaware Safety Council will hold a Disaster Planning Seminar on 9/27/05 that Messrs. Swanson, Skupien, O’Neal and McDerby will attend. As of 9/6/05 the Public Works Department hired 2 temporary employees.
The City received executed copies of Agreement #06-P-PROG-11 regarding the transfer of $150,000.00 from DelDot to the City for the 9th St. paving project. To date, $2,444,086 of revenues has been collected. That is 53.5% as compared to 41.3% at the same time last year. Councilman Reese moved to accept the Director’s Report as submitted. It was seconded by Councilwoman Churchill. Motion passed unanimously. Council President Blest stated that the reports are available at the City Administration Bldg. for review if anyone in the audience would like to see the reports.

Grant Review

Councilman DiMondi stated that the City received $150,000.00 from DelDot for the 9th St. paving project. The City has submitted approximately $90,000.00 in bills for reimbursement to DelDot. The City has to expend the money before DelDot will reimburse them. They should have the money shortly. There will be a $12,000.00 to $15,000.00 liability when the project is finished but Mr. Keller has agreed to pick up the rest.

Chief of Police Report

Chief McDerby stated that attended a Chief’s meeting earlier in the day regarding the DEMA Task Force. The Chief stated that one officer from the police force would be on stand by to help with the hurricane clean up. Should the officer be needed it would be for a 15 day period. The Chief also stated that the police department has received a grant for “Officer R.U. Safe”, which is a robot dressed like a police officer that will be taken around to the area schools to teach children about gun safety.


Communications

1. Councilwoman Churchill, Councilman Reese Chief McDerby, Herb Swanson and Mary Ann D’Amato of the Delaware Humane Society met to discuss an ordinance on pets and a wellness clinic for the City.

2. Council President Blest received a letter from the Beautification Committee requesting $3,000.00 from Council to help defray their costs. Would also like the City to hire 1 part time person to maintain the parks and the Committee would pay their salary.

3. Council President Blest received a response from Sen. Dori Connor regarding prisoners working for the City. Council will meet with Sen. Connor to make arrangements.

4. Council President Blest received e-mail from Jackie Seneschal advising that a City Planner meeting was scheduled for 9/14/05 and that some members of the Planning Commission would be attending.

5. Council President Blest received a letter from Planning Commission stating that Parkway Gravel was before the Commission requesting approval for the subdivision proposed for Rt. 9.

Business from the Floor

1. Charles Todd, the gentlemen who was rescued from the Delaware River by Pfc. Allston, wished to thank Pfc. Allston in person. Paul Allston was given Resolution No. 2005-24 “A Resolution Honoring Pfc. Paul D. Allston” for his heroics while rescuing a man from the Delaware River. The Resolution was read aloud to the audience and was passed unanimously by Council. The audience gave Officer Allston a standing ovation.


Unfinished Business

1. Update on status of work at Buttonwood Ditch. Councilwoman Petty read a letter from Laurence Ireland regarding the construction of the ditch. Councilman DiMondi made a Motion that the work should moved forward as suggested in Mr. Ireland’s letter. It was seconded by Councilman Reese. Motion passed unanimously.

2. Consideration of filling vacancies on the Historic Area Commission. Councilman Reese made a Motion that Council select Charles Cobb as Council’s selection for the Historic Area Commission. Councilwoman Churchill seconded the Motion. Roll Call for a vote was taken and the Motion was passed by a majority of votes. (Blest, Reese, Churchill–yes, Petty-no vote, DiMondi–no).

3. Mayor and Council’s appointments to the City’s recently formed Land Use Advisory Committee. The Mayor and Council chose the following residents to serve on the Committee: Council voted that Tom Koch would be the Head of the Land Use Committee.
Councilman Blest chose Fred Fitzgerald.
Councilman Reese chose John Houben.
Councilwoman Churchill chose David Byrd.
Councilwoman Petty chose not to appoint anyone at this time.
Councilman DiMondi chose Beth Thomas.
Mayor Klingmeyer chose not to appoint anyone at this time.

Council President Blest moved to accept the appointments to the Land Use Committee. It was seconded by Councilman Reese. Motion passed by a majority of the votes. (Blest, Reese, Churchill, DiMondi–yes, Petty–no). Councilman DiMondi stated that he felt the term “recommend” should be changed to “suggest” as in the Land Use Advisory Committee would “make suggestions to Council” as opposed to “making recommendations to Council”.

New Business

1. Discussion on resolving the issues at the properties located at 917 Gray St. and 137 E. 2nd St. After a discussion regarding these properties it was decided that Council would turn these matters over to the City Solicitor to notify the owners that they are in violation and that if the properties were not brought up to Code, the City would take legal action to take over the properties. Councilman DiMondi moved that a Motion be made that the property at 137 E. 2nd St. be turned over to the City Solicitor. Councilman Reese seconded the Motion. The Motion passed unanimously.
Councilman DiMondi moved that a Motion be made that the property at 917 Gray St. be turned over to the City Solicitor. Councilwoman Churchill seconded the Motion. The Motion passed unanimously.

2. Discussion on the pending DSWA recycling program. Council was to sign a contract for the recycling pilot program. After discussion, Councilman DiMondi requested that the recycling pilot program begin November 1, 2005. Councilman Reese moved to sign the contract and to begin the program on November 1, 2005. It was seconded by Councilwoman Churchill. Motion passed unanimously.

3. Update on the pending modification to Ordinance #230-28, Off Street Parking. This matter was tabled so that Council could review the Ordinance and then vote on it. Council felt that a public hearing on this matter should be held.

4. Resolution No. 2005-23, A Resolution to accept the minor subdivision plan of the properties known as 79 and 81-83 W. 5th Street. Old New Castle Properties, Abar Properties and John W. Cochran would like to subdivide these properties. Councilwoman Churchill moved to accept Resolution No. 2005-23 as submitted. It was seconded by Councilman DiMondi. Motion passed unanimously.

5. Discussion on retaining independent counsel for the pending Comcast Agreement negotiations and the Parkway Gravel rezoning subdivision application. Since these negotiations are very involved, Council President Blest made a Motion to hire James Harker, Esquire as independent counsel for the Comcast negotiations. It was seconded by Councilman Reese. Motion passed unanimously.

6. Resolution No. 2005-22, A Resolution Approving the Continuance of an Encroachment of a Building Located at 933 Gray Street. Richard Celia applied to the Mayor and Council for authorization to continue an encroachment of 3.8 feet +/- for the front steps of his property. Councilman DiMondi made a Motion that Council approve Resolution 2005-22. It was seconded by Councilman Reese. Motion passed unanimously.

7. Resolution No. 2005-24 Honoring the Heroic Rescue Efforts of New Castle City Police Officer Paul Allston. The Resolution was read, signed by the Mayor and Council and presented to Pfc. Allston at the start of the meeting.

8. Discussion of proposed filming in New Castle. Partisans Pictures requested permission to film in the City (in the vicinity of Delaware St.) in late October.
Bill Simpson of Good Will requested that Council keep him apprised of this issue since it will impact his ability to run the Fire House if streets are blocked off, etc.

9. Motion for Executive Session. Councilman Reese made a Motion that Council move for an Executive Session. Seconded by Councilwoman Petty. Motion passed unanimously.

The meeting adjourned at 9:36 p.m.

Respectfully submitted,

Jill F. DiAngelo,
City Clerk