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CITY COUNCIL OF THE MAYOR AND COUNCIL OF
Present: Council President William Blest Also Present: City Administrator Cathryn Thomas Ms. Paula M. DiEmidio was publicly recognized for 25 years of service to the City of New Castle. Mikki serves as Mayor Klingmeyer’s secretary. She was presented with Resolution 2006-35 by Mr. Blest. A plaque will be presented upon its completion. A Public Hearing was held for various items.
The purpose of this ordinance is for the community’s information; it is not the first, second or third reading. The Land Use Sub-Committee created this proposal for certain applications made to the City of New Castle. The Planning Commission has reviewed same and recommends its adoption by City Council. Mr. David Bird, member of the Land Use Sub-Committee, stated the purpose of the proposal is to give the public adequate notification to what is going on in the community. It only covers those items in which you need to make an application for subdivisions, rezoning, zoning map change and variance. Ms. DiEmidio commented this will be a change to the zoning code. Mr. Bird confirmed and said the intent was to reduce the cost to the city and have the applicant bear more responsibility. Ms. DiEmidio expressed concern about whether an applicant will be able to fill out applications properly and do everything in a timely manner. Mr. Paul Flanagan (Second Street) questioned the lack of language informing an applicant when action on an application will cease if the applicant fails to give proper notice as required by the ordinance? Mr. Blest agreed that this is not addressed in the ordinance. Mr. Reese suggested a checklist to keep the process moving forward. The consensus of the audience was that this is a good idea. Mr. DiMondi New Castle City Council Public Hearing and Special Meeting feels the ordinance it is too burdensome. If applicants have the right zoning and are in the right code, they already have permission to do what is in that code. If applicants don’t have the proper documentation a second time due to their own fault, they should be recharged ($600) and it would help to alleviate the problem. He believes that there is no reason for notification because by legislation they have already been given permission to do this. Discussion about the intent of the ordinance’s language and what currently exists followed. Mr. DiMondi agrees with notification when an exception is needed for the code or zoning, but once something has been legislated he does not agree with the ordinance. Mr. Flanagan offered that there are times when something might have an adverse effect on the community and a notice like this would give the community an opportunity to make notice of it.
This is not a reading. Mr. Blest reported that originally Mr. DiMondi proposed a rental ordinance that came from the town of Elsmere. The ordinance we have before us tonight is different from the original proposal. Mr. Bill Bartell (West Fifth Street) informed that a group of seven residents who are also landlords/investors gathered to discuss this ordinance. They feel it is flawed legally relating to the landlord/ New Castle City Council Public Hearing and Special Meeting the audience feel this is an effort to raise revenue. Numerous members of the audience spoke in opposition of this ordinance. Mr. DiMondi was asked what prompted the ordinance. He responded that at present we don’t have the authority to see what is going on in some rental units to see if they’re being subdivided inside, we don’t know if they’re up to code. Out-of-town investors, mainly in outlying areas, are buying these units cheap and subdividing them into multiple living units. Many in the audience feel they are being penalized for the actions of others who do not abide by the law. (Lengthy discussion on the purpose of this ordinance took place.) Mr. Blest opened the floor to Council members. Mr. Reese is looking to avoid problem tenants in New Castle and cited an example. Mrs. Churchill suggested sending written notice to all landlords in the city and discussing in a rational tone. Ms. Petty refrained from commenting until she has had an opportunity to read all the materials. Mr. Blest commented some of tonight’s discussion was the result of possibly different versions of text that was distributed. An owner of multiple properties took issue with the amount per unit and the frequency of inspections. Mr. DiMondi responded that the costs being incurred will not cover the salary of a part-time inspector and of the 14 other municipalities he canvassed the minimum fee charged is $50. Mrs. Thomas explained the only way to incorporate amendments into an existing chapter of the code, Chapter 140, is to adopt an ordinance to amend it to add things into it. There is an ordinance 441 that proposes to amend Chapter 140 of the existing city code. Rather than making a separate chapter of the code, it is now an ordinance that amends an existing chapter of the code.
Mr. DiMondi informed that property taxes must be paid before the building permit is issued, but after the building permit is issued other fees could be incurred by the applicant/developer such as subdivision fees and planner fees. This ordinance ensures that these fees are paid before an applicant can get a certificate of occupancy. Tonight is for public input only. He read the ordinance to the audience. A brief discussion about fees associated with larger projects took place. Mr. Reese made a motion to move into Special Meeting; Mrs. Churchill seconded the motion. The motion passed by unanimous vote. New Castle City Council Public Hearing and Special Meeting Special Meeting
Mr. Blest read a letter from Mr. Charles Cobb resigning from the Historic Area Commission. Mrs. Churchill made a motion to accept
Mr. Blest received a letter from Tom Maddux, Chairman of the Election Committee, suggesting the appointment of Ms. Mary Ann Kazan, West Third Street, in place of Mrs. Vera Worthy. The Election Committee should have six members according to our charter. Over time it has grown to eight members; two members have chosen not to continue serving. This would bring the number of members back in accordance with the charter. Mrs. Thomas said all terms should expire at the same time and are being adjusted at this time. All terms will end in December 2008. Mrs. Churchill made a motion to appoint Ms. Mary Ann Caven through 2008 on the city Board of Elections. Mr. Reese seconded the motion which was approved unanimously. Mrs. Thomas provided information on two upcoming meetings to Council members. Mrs. Churchill made a motion to adjourn the Special Meeting; A motion was made, seconded and approved to return to public session and carried. Mr. DiMondi made a motion to move Ordinance 441 into its first and second reading at the next public meeting. It was the feeling of Council members that this cannot be done because it is not on the agenda. The motion died for lack of a second. Mrs. Churchill made a motion to adjourn the meeting. Mr. Reese seconded the motion which was approved unanimously. The meeting adjourned at 8:45 p.m. Respectfully submitted,
Debbie Turner |
