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

City Council of the Mayor and Council of New Castle

Regular Council Meeting

Town Hall – 201 Delaware Street – New Castle

Tuesday – May 13, 2008 – 7 p.m.

Roll Call


Council President William Blest
Councilperson Donald Reese
Councilperson Janet Churchill
Councilperson Teel Petty (arrived late)
Councilperson John Gaworski

Also Present:


City Treasurer Janet Carlin, City Administrator Cathryn Thomas, Director of Public Services Joseph Freebery, Police Sergeant Jamie Rogers, Building Official Jeffrey Bergstrom

Approval of Minutes by Date: April 8 and April 10, 2008


A motion was made to accept the Minutes as presented. The motion was passed unanimously.

Approval of Treasurer’s Report


A motion was made to accept the Treasurer’s Report as presented. The motion was passed unanimously.

Report from the City Administrator

Approval of Staff Reports

Grant Review

Communications

Business from the Floor (concerning agenda items only)

Business from the Mayor

Business from the Council President

Motion, Discussion and Vote on Resolution No. 2008-14,
in Memory of Robert James “Jim” Quillen, Jr.


The Resolution was read into the record and a motion was made to pass the Resolution. The motion was passed unanimously.

Unfinished Business


  1. Third Reading, Motion, Discussion and Vote on Ordinance No. 457, a proposal to Amend the New Castle City Code, adding a section for the protection of wellheads and source water supplies.


After a reading of the Ordinance and a brief discussion, a motion was made to accept the Ordinance. The Ordinance passed unanimously.

  1. First and Second Reading of proposed Ordinance No. 458, a proposal to amend Chapter 140: Housing and Property Maintenance, to include language governing portable temporary storage units.


The Ordinance was read for the first and second time. The third reading, discussion and vote will take place at the next scheduled Council Meeting, June 10.

  1. Motion, Discussion and Vote on Resolution No. 2008-13, approving an amended contract with Landscape Architectural Services for completion of work related to the New Castle Western Gateway project.


The Resolution was read and a brief discussion followed. A motion was made to pass the Resolution. The motion was passed (Reese–no, Churchill-yes, Gaworski-yes, Blest-yes).

New Business


  1. Discussion of the 2007/08 City Road and Street Paving Project concerning added costs for the primary contractor, Stripe-A-Lot, and for increased costs for inspection services provided by Kercher Engineering.


It was discussed that this project has grown in size, scope and cost. This has increased the amounts payable for both the contract for the construction with the Stripe-A-Lot company, for the road and street repair work, and the contract with Kercher Engineering, who is charged with inspection of the work done by the contractor. Mike Baiocco of Kercher Engineering commented about the additional work that was identified after work had begun on the original contract. A significant portion of that work involved the replacement of catch basins in the VanDyke Village subdivision, which was not at all part of the original contract and as an add-on came to a little more than $100,000 for all the work which was done. It was suggested that possibly the catch basins should have been a separate bid. It was also brought to the attention of the Council members that a State program for funding engineering services may not be available next budget year.

  1. Motion, Discussion and Vote on Resolution No. 2008-15, considering approval of a Minor Subdivision Plan for a property located at West 7th and Larkin Streets.


The Resolution was read and a brief discussion followed. A motion was made to pass the Resolution. The motion was passed unanimously.

  1. Motion, Discussion and Vote on Resolution No. 2008-16, considering a Budget Amendment creating a new expense line item Trustee Appropriation Seasonal Bicycles 10-1003-7060 and increasing the revenue line item Trustee Appropriation 10-0000-5010, each in the amount of $1,800.


The Resolution was read and a brief discussion followed. A motion was made to pass the Resolution. The motion was passed unanimously.

  1. Motion, Discussion and Vote on Resolution No. 2008-17, imploring the Delaware General Assembly to leave in tact the current distribution formula for the Real Estate Transfer Tax, particularly so that the City of New Castle shall continue to receive this revenue as it has in the past, which is 1.5 percent of the real estate transaction, or one-half of the total transfer tax collected, which is 3 percent of the transaction.


The Resolution was read and a brief discussion followed. A motion was made to pass the Resolution. The motion was passed unanimously.

  1. Motion, Discussion and Vote on Resolution No. 2008-18, approving entering into an agreement with attorney Daniel Cohen to provide services for the upcoming cable franchise negotiations with Verizon.


The Resolution was read and a brief discussion followed. A motion was made to pass the Resolution with certain provisions. The motion was passed unanimously.

  1. Discussion of Issues with the Building Official:

      1. Pencader Charter School;

      2. Riverbend Subdivision.


Building Official Jeffrey Bergstrom provided some detail to the City Council on the two discussion items.

  1. Comments from the floor.


Ms. Esther Lovlie voiced concerns regarding the graffiti problems in the City.

  1. Executive Session to discuss a personnel matter and matters of pending litigation and collective bargaining.




Jill F. DiAngelo, City Clerk