220 Delaware Street
New Castle, Delaware 19720
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The New Castle City’s Planning Commission Meeting took place on August 28, 2006 at 6:30 p.m. in the City of New Castle’s Town Hall.

Members Present:      Thomas Wilson, Chairman
                                    Jack Norsworthy, Co-Chairman
                                    Jim Steele
                                    George Freebery
                                    Melissa Pavonne
                                    Joe DiAngelo
                                    Elliott Tatum
                                    Jane Miller

                       
Mr. Wilson called the meeting to order at 6:34 p.m.  Roll call was taken.  The Chair informed that he asked Ms. Thomas to copy all Planning Commission members on correspondence being sent to him.  He also asked that members bring all such correspondence to future meetings. 

Agenda Note – The Chair informed that the Minor Subdivision Riveredge Park, Lot 71, Minor Subdivision Twin Spans, Lot 7C, and Site Plan Review for Twin Spans, Lot 7D have been removed from the agenda for this evening because they did not have drawings or other materials ready nor did they go through the requested PLUS plan. 

Land Use Sub-Committee Recommendations –  The Chair informed that all members have received a copy of the draft public notice ordinance from the Land Use Sub-Committee for consideration.  David Bird and Thomas Whitehead appeared on behalf of the Land Use Sub-Committee.  Mr. Bird informed that public notice issues were among the first items that the community wanted to address.  He outlined the areas that the draft ordinance would cover.  Mr. Steele responded that in the past two years the Planning Commission wrote a memorandum to City Council about such an issue and it has not been acted upon.  It is Mr. Bird’s hope that by going through the Planning Commission and others that more action can take place such as a 14-day process from the first filing of the application and public hearings.  The Land Use Sub-Committee concentrated on the process.  Once a recommendation is drafted what is the next thing we need to do to move forward.  There is public support for this.  The Chair read aloud the draft ordinance.  It is understood that language in the draft ordinance can be adjusted.  (Discussion followed about the contents of the draft ordinance.)  The Chair informed that he reviewed the checklist with Jeff Bergstrom.  He feels the checklist fits well with the draft ordinance and that the draft ordinance enhances the checklist.  Ms. Pavonne suggested that the checklist is incomplete because it does not provide any basic environmental information. 
Mr. Norsworthy agreed and added that the City of Wilmington requires more extensive information.  The Chair suggested adding to the current checklist or creating our own checklist. 
Mr. Whitehead provided the Commission with what would be on a checklist in the Pennsville, NJ area.  Some of the topics covered included fees charged, different types of construction and engineering approval.  Mr. Bird added that this checklist would enable the Planning Commission to do analysis and deliberation more thoroughly.  Councilwoman Jan Churchill said she would sponsor this ordinance.  The Chair thanked her for her support.  (Lengthy discussion about language in the draft ordinance addressing shared services took place.) 
Ms. Pavonne made a motion to accept the recommendation of the public notice as submitted by the Land Use Sub-Committee.  Mr. Steel seconded the motion which was approved unanimously. 
Mr. Bird said he would like to have Robin Boda (State of Delaware Historic/Cultural Affairs) speak to public officials and members of the community regarding historical preservation and

Planning Commission Meeting Minutes
August 28, 2006
Page 2

enforcement of preservation guidelines.  Ms. Boda is an authority on historic preservation.  This would be scheduled in late September or early October. 
He would also like the opportunity to return to next month’s Planning Commission meeting and continue a dialogue of the Land Use Sub-Committee’s concerns.  The Chair said the Planning Commission welcomes their input but he did request that all commission members receive copies of what they wish to discuss in advance of the meeting.  He distributed copies of their concerns for commission members’ review and mutually-agreed upon item(s) will be placed on the agenda.  Mr. Whitehead concluded by expressing concern that the Planning Commission and the HAC overlap one another.  He suggested that both commissions solicit one another’s input before approving outlines.  It has been his experience that the Planning Commission would approve site plans. 

Comprehensive Plan Discussion for 2008 – The Chair informed that the issue of not having a  professional planner places this topic on hold.  Mayor Klingmeyer provided copies of the State law concerning planning commissions and the City’s Planning Commission laws to commission members.  It outlines the Planning Commission’s duties as far as the Comprehensive Plan is concerned, the State law and its amendment and also the city ordinance.  He also provided the section of the city ordinance concerning the fees that are to be charged to developers for services provided by the planner for the city.  This issue is of great concern with the City Council.  He also advised that the Comprehensive Plan has to be changed by vote of the Planning Commission.  The Chair will draft a letter to City Council explaining our position on this matter.  (Discussion about the Planning Commission’s budget, Ordinance 429, and the City Solicitor’s duties took place.)  The Chair asked commission members to review the materials they have been provided by the Mayor and get with the State and County and place this item on the agenda for next month.  (Brief discussion took place about costs applicable to the Planning Commission.)  Mr. DiAngelo suggested the implementation of a task force for the Comprehensive Plan comprised of the Tree Commission, HAC, City Manager, Mayor, Planning Commission, Municipal Services Commission, Visitor’s Bureau, City Council President. 
Mr. DiAngelo made a motion that the Planning Commission recommend that an ad hoc task force be appointed to address the Comprehensive Plan.  (Discussion followed.)  The motion died due to lack of a second.  Mr. Steel supports developing a timeline for updating the Comprehensive Plan.  Mr. Norsworthy, Ms. Miller and Mr. Tatum feel a professional planner is necessary before updating the plan.  Mr. DiAngelo is concerned with time; 2008 is close.  The Chair asked if this commission would consider meeting with Council again about this subject.  Ms. Pavonne informed that we have been invited to a meeting with Council on September 5th.  The Chair strongly feels this issue needs to be resolved. 

General Discussion – Ms. Pavonne expressed concerns about ethics and the Planning Commission.  She submitted for the record a list of ethical requirements as adopted by the American Planning Association (APA).  This was prompted because she received an email stating that an applicant was inviting each of the Planning Commission members to a crab fest.  She was offended by this email.  This applicant is going through and has gone through a major review.  She feels we need to subscribe to the ethical requirements of the APA.  The Chair received this invitation as well and he too felt it was inappropriate.  The Chair wants to place consideration of adoption of AMA ethics on the agenda for next month.

Planning Commission Meeting Minutes
August 28, 2006
Page 3

Adjournment –  Ms. Miller made a motion to adjourn the meeting; Mr. Steel seconded the motion.  The meeting was adjourned at 7:50 p.m.

Respectfully submitted,

 

Debbie Turner
Stenographer

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