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CITY COUNCIL OF THE MAYOR AND COUNCIL OF NEW CASTLE
Present: Council President William Blest Also present: City Administrator Cathryn Thomas, Mayor John Klingmeyer, City Treasurer Janet Carlin, Interim Director of Public Services Frank DiSabatino, Police Chief Kevin McDerby, Approval of Minutes The Minutes for Council’s October, 2006 meeting were voted on and accepted as presented. Approval of Treasurer’s Report City Treasurer Janet Carlin stated that there was a total of $300.00 in the Petty Cash on Hand, $276,749.73 in total monthly deposits, a total of $387,989.88 in the Wilmington Trust Accounts. $1,805,284.65 in the Certificates of Deposit and DE Government Investment Pool and $2,193,274.53 Total Cash on Hand. A Motion to accept the Treasurer’s Report as presented was brought by Councilman Reese. The Motion was seconded by Councilwoman Churchill. Treasurer’s Report was accepted as presented. City Administrator Thomas reported that the 9th St. paving project was completed and that the work meets with DelDOT specifications. Mrs. Thomas also stated that she attended the Community Development Block Grants workshop and found it very informative. Mrs. Thomas will be working with Mr. DiSabatino to see what projects the City may want to request funding for. Chief McDerby stated that a conditional offer had been made to a Capital Police Officer but that the Officer was called up for active military duty and would not be able to accept the position. Chief McDerby stated that an offer will be made to another applicant shortly. Grant Review A-2 The Friends of New Castle City Parks and Beautification Donor Program–The City received a check in the amount of $5,000.00 from Daystar sills as a sponsor of Susi Park. A-3 State of Delaware Grant In Aid–The City has requested $35,000.00 in funds from the State of Delaware for the 2008 Separation Day Event. B-1 State of Delaware Department of Transportation–An Agreement to transfer $28,000.00 from DelDOT to the City is on file for the Buttonwood drainage project. Construction is anticipated to begin in 2006-2007. B-2 DelDOT Agreement #06-P-PROG-70–The City has been approved to received $54,148.00 from DelDOT’s Annual Capital Improvement Program. The City has already received checks in the amount of $15,295.60 and $5,414.80 for the street paving projects. B-6 Delaware Emergency Management Agency–The City has been approved to receive $32,000.00 in funds from the Homeland Security Grant Program to purchase an emergency generator for 900 Wilmington Rd. Bids for the generator have been received and opened and are under review. B-10 Delaware Emergency Management Agency–The City has requested $28,000.00 in funds from the Homeland Security Grant Program to fund the security enhancements to the Public Services and Administrations buildings. B-11 Delaware Emergency Management Agency–The City has requested $32,000.00 in funds from the Homeland Security Grant Program to fund the security enhancements to the MSC’s electrical substation located on Wilmington Rd. C-5 State Aid to Local Law Enforcement (SALLE)–The Public Safety Department has requested $11,182.16 in grants for the purchase of equipment including taser guns units and related items, two shotguns and related items and a motorcycle box with LED lights. C-6 State of Delaware Department of Public Safety--–The Public Safety Department has requested $7,113.85 from the Emergency Illegal Drug Enforcement Program for 168.75 overtime hours for drug enforcement. C-11 Sate of Delaware Office of Highway Safety--–The Public Safety Department has been awarded $5,500.00 under the Stop Aggressive Driving Campaign. Western Gateway Landscape Enhancements–The City has an agreement with DelDOT to fund up to $140,000.00 for this project. DelDOT recently informed the City that the project may now go forward. Tree Survey Grant–The City received the remaining funds of $5,000.00 from the Delaware Coastal programs Grant. These funds are reimbursement for the purchase of required software. City Administrator Thomas received a communication from the Planning Commission and asked City Planner Doug Lloyd to put the comments of the Planning Commission in letter form regarding the Public Notice Ordinance. This matter will be handled at the next Council meeting if appropriate at that time. Councilwoman Petty stated that she received communication that the well in Buttonwood has been filled. It was noted that DelDOT filled in the well. Business From the Floor Bill Emory commented on New Business Item #4, Waiver of Board of Adjustment Fees for 117 Stuyvesant Ave. Mr. Emory asked if all the applicants requesting waiver of the fees have been granted the waiver to date. Councilman DiMondi stated that since the Ordinance has been passed, this is the first request. Kirsten Almquist spoke about Unfinished Business Item #1, The Gateway project. Ms. Almquist stated that an acquaintance gave her a letter that Councilman DiMondi circulated to the residents whom this project would effect. The letter that he had composed was regarding the residents signing easements for this project. Ms. Almquist felt that this was a type of blackmail. Council President Blest stated that he, and to his knowledge, the rest of Council, was unaware that a letter had been circulated and did not know the content of the letter and, therefore, could not comment on it. Councilman DiMondi read his letter to the residents aloud. Dorsey Fiske asked why the residents were not given the plans ahead of time to review before being asked to sign the easements. Councilman DiMondi stated that that was his point, the residents should be able to see how the project will effect their properties before they are asked to sign the easements. Robert Appleby spoke regarding New Business Item #2, Feeding the Squirrels. Mr. Appleby stated, on behalf of MSC, that he was in favor of some type of act as the squirrels cause damage to properties as well as eating through phone and electrical wires. Quite a few residents of the City signed a petition regarding some type of act to stop the feeding of squirrels. There was a lengthy discussion and generally, most of the residents were in favor of not being allowed to feed the squirrels. Mr. Fitzgerald spoke regarding Unfinished Business Item #4, ordinance 441 amending the City Code §140–Housing and Property Maintenance Code. Mr. Fitzgerald felt that the Ordinance should pass. Bill Barthel disagreed and felt that there were already laws on the books to handle this problem. Business From the Mayor Resolution 2006-45 to override the Mayor’s veto of ordinance 438. Mayor Klingmeyer stated that he met with Mr. Harker and asked Council to defer voting on this matter until all legal issues had been resolved. Unfinished Business 1. Discussion, Motion and Vote on Resolution No. 2006-42, approving an amendment to the contract the City has with Landscape Architectural Services for services related to the Western Gateway project. Council President Blest read the Resolution and after a short discussion, a vote as taken and passed 4 to 1. (Councilwoman Petty-yes, Councilwoman Churchill-yes, Councilman Reese-yes, Councilman DiMondi-no, Council President Blest-yes) 2. Discussion, Motion and Vote on Resolution No. 2006-43, to approve Stop Signs at 9th & Gray Sts. and 2nd & Chestnut Sts. Councilman Reese read the Resolution and it was approved unanimously. 3. Discussion, Motion and Vote on Resolution No. 2006-45, to override the Mayor’s Veto of Ordinance No. 438. After a reading of the Resolution the Mayor again asked Council to defer voting until all legal issues could be resolved. A lengthy discussion pursed between Council members and it was suggested that the matter be tabled. Councilwoman Churchill made a Motion to table the matter and it was seconded by Councilwoman Petty. A vote was taken on whether to table the matter. (Councilwoman Churchill-yes, Councilwoman Petty-yes, Councilman DiMondi-yes, Councilman Reese-no, Council President Blest-no). The matter was tabled. 4. Discussion, Third Reading, Motion and Vote to Consider Ordinance No. 441. Amending the New Castle City Code §140. Council President Blest read the Ordinance for the third and final time. Attorney Harker spoke regarding a few minor changes to the ordinance as in it should read “dwelling unit” not “rental unit” throughout the ordinance and that the wording for the inspection fees should be more clear. The Ordinance would require landlords to list the names of occupants as well as the number of occupants in any dwelling and that Council can set the fees for inspections of the rental units. A vote was taken and it was unanimous. 5. Discussion, Third Reading, Motion and Vote to Consider Ordinance No. 442, Amending the New Castle City Code §102. Councilman DiMondi read the Ordinance for the third and final time. Councilman Reese made a Motion that the ordinance be passed and it was seconded by Councilwoman Churchill. A vote was taken and the Ordinance passed unanimously. New Business 1. Resolution No. 2006-46 in Memoriam of Trustee M. Anita Banks. After the Resolution was read Councilman Reese made a Motion that the Resolution be passed. It was seconded by Councilwoman Churchill and passed unanimously. 2. Discussion of a petition from residents concerning the feeding of squirrels. After another lengthy discussion, it was decided by Council that an Ordinance would be written and brought up at a future meeting to be discussed and voted on by Council. 3. Discussion and Motion to send to the Planning Commission Ordinance No. 444, amending the Zoning Code to grandfather front year setbacks in the R-1 classification legislated non-conforming by the amended Zoning Act of 1968. After a discussion a Motion was made by Councilwoman Churchill, and seconded by Councilman Reese, that the Ordinance would be sent to the Planning Commission and then the matter would be set for a Public Hearing and proceed from there as deemed appropriate. 4. Discussion, Motion and Vote on Resolution No. 2006-47, to waive the Board of Adjustment Fee for 117 Stuyvesant Ave. After a brief discussion, a Motion was made by Councilwoman Churchill, and seconded by Councilwoman Petty to adopt the Resolution. A vote was taken and the Resolution was passed. (Councilman Reese-no, Councilwoman Churchill-yes, Councilwoman Petty-yes, Councilman DiMondi-yes, Council President Blest-yes). 5. Discussion on Hiring Practices of the Public Works Department. Attorney Harker stated that since this matter involved a specific personnel question, this matter should be handled in Executive Session. The matter was tabled until Executive Session. A Motion was made to go to Executive Session and the meeting was adjourned. Respectfully submitted, Jill DiAngelo,
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