Mayor and Council of New Castle
City Council Meeting
New Castle Town Hall - Delaware Street - New Castle
Tuesday, October 10, 2006 – 7 p.m.
Present:
Council President William Blest
Councilman Donald Reese
Councilwoman Teel Petty
Councilwoman Janet Churchill
Councilman John DiMondi
Also Present:
City Administrator Cathryn Thomas
Mayor John F. Klingmeyer
City Solicitor James Harker
City Code Enforcement Officer John Lloyd
City Police Chief Kevin McDerby
City Inspector Jeff Bergstrom
Mr. Blest called the meeting to order at 7 p.m. Roll call was taken.
Approval of Minutes – One minor change was noted; the spelling of the person being appointed to the Elections Committee. Change from ‘Kazan’ to ‘Caven’. The minutes were approved as amended.
Treasurer’s Report – Mr. DiMondi presented the Treasurer’s Report for month ending September 30, 2006. Mr. Reese made a motion to approve the Treasurer’s Report; Mrs. Churchill seconded the motion which passed by unanimous vote.
Report from City Administrator – Mrs. Thomas has submitted a two-page report to Council. There were no questions concerning the report.
Approval of Staff Reports – Chief McDerby has nothing to add to his written report. Mr. DiMondi asked for an explanation as to why the number of traffic arrests has decreased so substantially (September 2005-457 vs. September 2006-113). The Chief responded that he is short-staffed, has an officer in training, and last year we had grants (Click It & Ticket, aggressive driving and DUI enforcement) available that were not available this year.
Mr. Bergstrom has no report.
Mr. Blest announced to the audience that other reports are available to the public at the Administration Building and the library.
Grant Review – Mr. DiMondi read the report to the group.
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Communications – Mr. Reese briefly addressed Council and the audience about decorum during meetings. Mr. Blest concurred. He continued by reading aloud the Planning Commission Report of September 25, 2006. Mr. Reese questioned the number of members currently serving on the Planning Commission. There should be nine members; there is one vacancy. The Mayor will accept nominations.
Business from the Floor – Mr. Earl Carpenter asked if it is possible to give more information on subdivisions in the Planning Commission Report. While these issues were discussed in detail at the Planning Commission Meeting, his concern was that they are being presented for vote this evening and many residents are unclear on what is being proposed. Mr. Blest informed all projects will be discussed with appropriate parties prior to further action. Mr. Gene Dempsey (Delaware Street) concurred with the issue of decorum. He is concerned with Council conducting a first and second reading this evening on Ordinance No. 441 rather than having one reading per month. Mr. Blest informed that Council historically has had first and second readings at one meeting and that it is legal. Eugene Petty (Buttonwood) agreed with Mr. Dempsey and questioned the intent of Ordinance No. 441. Mr. Lloyd voiced support for Ordinance No. 441 and gave his reasons.
Business from the Mayor – The Mayor had no report.
Business from the Council President – Nothing to report.
UNFINISHED BUSINESS
1. Resolution No. 2006-24 – Closing of Howell Drive Into Buttonwood
This was tabled several months ago. Ms. Petty read the resolution aloud. She clarified that Buttonwood Avenue is completely owned by New Castle City. Mr. Reese made a motion to approve the resolution; Mrs. Petty seconded the motion. Mr. DiMondi expressed concern with city liability and does not support the closing. Discussion followed on the pros and cons of the proposal. Mr. Harker commented that Mr. Hearn’s conclusion that Delaware law is undecided on this issue, there are other states that allow for the closure of a dangerous street. He is aware that DelDOT considers the curb line within the city’s boundaries, but he has no written verification of this. There is always the possibility of a lawsuit. His concern is with emergency vehicle access. He is also concerned with setting a precedent. Mrs. Petty informed that at a recent meeting a representative from New Castle County advised that they would have no objection to the closing; the fire chief was also present and he had no concerns with getting access to the neighborhood. Mr. Reese asked if we are obligated to notify residents in that development. Mr. Harker advised that he is not aware of any notification being required, but an explanation could be given at the time of closing. The type of barricade and traffic flow was then discussed. There are no reports of vandalism on the existing gate in the neighborhood. Resolution No. 2006-24 passed by a vote of 3-2 with Messrs. DiMondi and Blest casting dissenting votes. Mr. Reese added for the record that Penn Acres South closed a road for similar reasons.
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2. Ordinance No. 438 –Set the Salary for Mayor’s Court for the New Term of Mayor Beginning Spring 2007
The first and second readings took place on 9/12/06. Mr. Blest presented Ordinance No. 438 for a third reading. Mr. Reese made a motion to adopt Ordinance No. 438; Mrs. Churchill seconded the motion. Mayor Klingmeyer does not feel the sum
($1,000) is a burden and that the court could be an active and useful part of the city as in the past. The motion to adopt Ordinance No. 438 was passed with Mrs. Petty abstaining from the vote.
3. Ordinance No. 439 – Amend the City Code Section 230-45: Historic Review Certificate Required in Historic Districts
The first and second readings took place on 9/12/06. Mr. Blest presented Ordinance No. 439 for a third reading. Mr. Reese made a motion to adopt Ordinance No. 439; Mrs. Churchill seconded the motion. Mr. Bergstrom feels this is a good addition to our ordinances; that it makes the HAC demands clear to property owners to inspect to ensure demands stated are factual with what HAC had in mind. Mr. DiMondi added that these are major additions/new construction and they need to take the time to ensure they adhere to the original conditions. The motion to adopt Ordinance No. 439 was passed unanimously.
4. Ordinance No. 440 – Amend City Code Ordinance No. 128: The Sanitary Code of the City of New Castle
The first and second readings took place on 9/12/06. Mr. DiMondi read the ordinance aloud. The purpose of raising the fine to $100 is to help ensure people correct their violation. Mrs. Churchill made a motion to accept Ordinance No. 440; Mr. Reese seconded the motion. The motion carried by unanimous vote.
5. Ordinance No. 441 – Proposal to Amend New Castle City Code Chapter 140 Housing and Property Maintenance Code
Mr. DiMondi read Ordinance No. 441 twice constituting the first and second reading. Mr. DiMondi said that in 2004 Council passed the 140 Housing Code and the rental inspection portion was deleted. He feels it was deleted because regulations in the historic district would be very expensive because of building codes and also was going to change the character of their homes. When he drew up this ordinance he made an exception for those homes. Mr. Reese suggested looking more closely at Mr. DiMondi’s suggestions in 140. Mr. Harker will compare the two ordinances and the State Landlord/Tenant Code and have a report at the next meeting. A third reading will be required at the next meeting or a subsequent meeting. Mrs. Churchill feels that Council needs to have legal input. Mrs. Petty cited her concerns about this ordinance. Mr. Harker will present his comments and Mr. DiMondi’s resolution at a later meeting.
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6. Ordinance No. 442 – Amend City Code Chapter 102: Require Payment by Applicants of Fees and Reimbursements Prior to Issuance of Certificate of Occupancy
Mr. DiMondi read Ordinance No. 442 twice constituting the first and second reading. The purpose of this ordinance is to address follow through of the fees associated with certificates of occupancy.
7. Ordinance No. 443 – Add Chapter to City Code Concerning Public Notice for Certain Applications Before the City
Mr. Blest presented a first and second reading. A public hearing was held last month concerning this ordinance. Mr. DiMondi feels that once the property is in compliance with the zoning code and the building code it would be difficult not issuing a building permit. Council further discussed the language of the ordinance. It was decided to return the entire ordinance to the Planning Commission to make the ordinance more user-friendly. Mrs. Churchill made a motion to return the ordinance to the Planning Commission for review; the motion was seconded and approved by unanimous vote.
8. Discussion of Vendors Performing Work Within City Limits
Mrs. Thomas reported the idea of this discussion is to have some kind of notification to the City when vendors are doing work within the city. Mrs. Petty supports this notification. Mr. Harker said that anyone doing work should have a permit and work being done on a public street should probably require notice to the city. Discussion followed. Mrs. Thomas reported she recently met with Municipal Services and
Mr. Bergstrom about communication within city entities in the event anything is occurring that is questionable or things are being done in the proper way. Chief McDerby reported that typically the police do not get involved, rather Mr. Bergstrom has the authority to stop a project.
NEW BUSINESS
1. Resolution No. 2006-36 – To Consider Approval of Minor Subdivision for the Riverbend Residential Development
Mr. Don Isken (Morris, Nichol, Arsht and Tunnel) informed they would like a new property line created to conform with the zoning line that would divide the parcel into two pieces. The open space/recreational would be a single parcel and the residential would be a separate parcel. They want to sub-divide the residential property into two pieces to provide for a phased development of the residential property. The first phase will consist of about 30 lots and once they have been developed additional phases will be developed. Discussion followed about deed restrictions in place affecting what will be constructed on the property. (No plot plans were available;
Mr. DiAngelo provided a personal copy.) Mr. Reese moved that Resolution 2006-36 be adopted and that the map that Mr. DiAngelo provided be added as part of the record; Mrs. Churchill seconded the motion. Approved unanimously.
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2. Resolution No. 2006-37 – To Consider Approval of Minor Subdivision for Riveredge Park, Lot 71, with Proposed Addition to Pencader Charter School
Mr. Blest read the resolution aloud. Mr. Reese made a motion to adopt the resolution; Mrs. Churchill seconded the motion. Mr. DiMondi questioned the legality; does the new property by being attached to the original property automatically get granted the special exception or do they have to go to the Board of Adjustment?
Mr. Isken (representing property owner) informed that special exception is not attached to the property but rather the use. They are not requesting a change in the use so he feels by reconfiguring boundaries it will not diminish the validity of the special exception. Mr. Harker feels that the use of the premises has very little to do with the addition into the original lot. When the time comes to develop on the addition his opinion is that they will need approval of the Board of Adjustment for special exception. He will address a letter to Council confirming or altering his opinion. The motion was passed by unanimous vote.
3. Resolution No. 2006-38 – To Consider Development Plan for 400,000+/- Sq. Ft. Warehouse to be Developed on Lot 7D in Twin Spans Industrial Park
Mr. Blest read the resolution to the group. Mr. Reese moved to adopt the resolution. The motion died for lack of a second. Mrs. Churchill read a letter from URS (City Planner) to Mrs. Thomas detailing their concerns to include traffic study and entrance design, wetlands buffer, flood plain disturbance, utility information, proposed topography information, and administrative issues. Mr. DiMondi expressed numerous concerns about this plan including the Buttonwood Ditch Project and sluice gates at dike that must be repaired and truck traffic flow. Mrs. Petty is also concerned with drainage issues. Mr. Ziegler said they have received approval from state representatives at the PLUS process and the Planning Commission and he questioned whether, by statute, they are supposed to be before Council with this plan. He has contacted Messrs. Bergstrom and Harker about this matter. Mr. Harker asked for the opportunity to look into the issue and suggested tabling until next month. Lengthy discussion followed about traffic flow. Mr. Reese made a motion to table this issue until the next Council meeting; Mrs. Churchill seconded the motion which passed unanimously.
4. Resolution No. 2006-40 – To Approve Contract with URS Corp. for Engineering and Planning Consultant Services
Mr. Blest read the resolution to the group. Mr. Reese made a motion to adopt Resolution No. 2006-40; Mrs. Churchill seconded the motion. Mr. Harker informed that this is not a long-term contract; 5-day cancelable, 20 days for cause. He suggested that a developer should have a set fee entering a deal knowing there would be a limit of who may authorize requests for services by the planner and engineers to avoid duplication of services. If you want a set fee it needs to be set forth in a letter to URS. He made several suggestions/recommendations to the language of the contract. He will work with Mrs. Thomas to make changes to the contract and return it to URS for their approval. Mrs. Churchill made a motion to
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approve the contract which shall incorporate the changes suggested by the City Solicitor, who will work in conjunction with the City Administrator to amend the contract proposal and present it to URS for approval; Mr. Reese seconded the motion. The motion was unanimously approved.
5. Motion to Appoint a Member to the Historic Area Commission
Mr. Blest reported that a member of the Historic Area Commission has resigned his position and Council selects a replacement. Several qualified candidates submitted their names. Mr. DiMondi nominated Mr. John Cochran who works in the industry daily, has renovated homes in the historic area, lives on The Strand and would be a good addition to the committee. Mrs. Churchill suggested
Ms. Robin Hegvik who resides on Harmony Street and has experience in a number of areas. Mrs. Petty, Mr. Reese and Mr. Blest supported Ms. Hegvik’s nomination also. Mrs. Churchill made a motion to appoint Ms. Robin Hegvik to the Historic Area Commission; Mr. Reese seconded the motion. Ms. Hegvik’s appointment was approved by favorable vote; Mr. DiMondi did not cast a vote. She will replace
Mr. Cobb through 2008.
6. Resolution to Petition the Trustees of New Castle Common to allow All Citizens of the City of New Castle the Right to Vote in Their Elections to Appoint New Members
Mr. DiMondi read the resolution aloud. Mrs. Petty asked for the reason why the resolution is being presented. Mr. DiMondi made a motion to accept the resolution. The motion died for lack of a second.
7. Resolution No. 2006-39 – Concerning Encroachment of Dwelling Located at 168 East Third Street, An Existing Wood Deck/Stair Structure Approx. 3.5 Feet Over the Line
Mr. Blest read the resolution. A motion to accept the resolution was cast by
Mr. Reese; Mr. DiMondi seconded the motion. Mr. Bergstrom described the situation. Discussion followed. The motion passed unanimously.
Comments from the Floor
Mr. Carpenter referred to Item G of the Rental Ordinance that states the inspection form will be kept until replaced by a new inspection. He recommended keeping all forms on record because of the changeover of personnel. Mr. DiMondi agreed as long as the inspection does not pass; however, if it passes the old report should be removed.
Mr. Gene Dempsey referred to the number of ordinances in the city. He feels the city needs to stop making ordinances until they can be adequately addressed.
Mr. DiAngelo raised the issue of the 400,000 square foot warehouse, Lot 7D Twin Spans (New Business #3). He doesn’t feel there was any reason why it should have come before the Planning Commission or Council. Mr. Blest feels the city should have input into a project of this size. Discussion followed about the PLUS process, land use law and code requirements.
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Mr. D’Alessandro asked if first and second readings can be done in separate monthly meetings as opposed to two readings in one month. Mr. Blest indicated that can be done. Mr. Harker informed the code does not address how this is to be done. The title alone can be read that would represent the second reading. Reading in full for the first reading is advised.
The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Debbie Turner
Stenographer
