REGULAR MEETING OF THE NEW CASTLE COUNTY COUNCIL Louis L. Redding City/County Building City/County Chambers 800 French Street; Wilmington, DE 19801 MINUTES Tuesday, January 10, 2017 A. The meeting was called to order by President Hartley- Nagle at 6:36 p.m. The Prayer was silent and the pledge of allegiance was recited. Roll Call Present J. William Bell John J. Cartier Elisa Diller Karen Hartley-Nagle Penrose Hollins Janet T. Kilpatrick William Powers, Jr. Timothy P. Sheldon George Smiley Jea P. Street David L. Tackett Kenneth Woods Robert S. Weiner B. Approval of Minutes: Councilman Smiley moved for the approval of the regular meeting minutes from December 13th, 2017. The motion was seconded by Councilman Tackett. All were in favor and the minutes were adopted. C. Announcements: Councilman Tackett announced he would be making amendments to Ordinance 16-066 D. Introduction of Ordinances: º17-001: TRANSFERRING THE LOCAL SERVICE FUNCTIONS OF BUILDING INSPECTIONS AND PROPERTY MAINTENANCE ENFORCEMENT TO THE CITY OF DELAWARE CITY. Introduced by: Mr. Bell º17-002: AMEND THE FY2017 APPROVED OPERATING BUDGET: REVISE PUBLIC SAFETY APPROPRIATE $50,000 FROM THE NEW CASTLE COUNTY TECHNOLOGY FEE ACCOUNT WITHIN THE OFFICE OF THE RECORDER OF DEEDS TOWARDS THE LOCAL DNA DATABASE PROGRAM FOR FISCAL YEAR 2017. Introduced by: Mr. Bell, Mr. Street º17-003: AMEND THE GRANTS BUDGET: APPROPRIATE $30,193.92 IN EMERGENCY ILLEGAL DRUG ENFORCEMENT (EIDE) FUNDS FROM THE STATE OF DELAWARE DEPARTMENT OF PUBLIC SAFETY TO THE NEW CASTLE COUNTY DEPARTMENT OF PUBLIC SAFETY S EIDE FY2017 DRUG CONTROL UNIT OVERTIME GRANT. Introduced by: Mr. Bell, Mr. Street
º17-004: AMEND THE GRANTS BUDGET: APPROPRIATE $34,884.32 IN STATE AID TO LOCAL LAW ENFORCEMENT (SALLE) FUNDS FROM THE STATE OF DELAWARE DEPARTMENT OF PUBLIC SAFETY TO THE NEW CASTLE COUNTY DEPARTMENT OF PUBLIC SAFETY S SALLE FY2017 POLICE TRAINING GRANT. Introduced by: Mr. Bell, Mr. Street º17-005: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 2 ( ADMINISTRATION ), ARTICLE 2 ( COUNTY COUNCIL ), DIVISION 2.02.400 ( COUNTY COUNCIL AUDIT COMMITTEE ), TO CLARIFY AUDIT COMMITTEE TERMS. Introduced by: Mr. Smiley E. Reports from Select and Special Committees: Land Use- Councilman Tackett- Several applications were discussed as well as the ordinances being brought forth to Council this evening Finance- Councilman Cartier- Discussion of ordinances, a presentation from UBS in charge of investing County funds, two ordinances sponsored by Councilwoman Kilpatrick will be tabled this evening, the Port study was also discussed as well as grant requests. Public Safety-Councilman Street- There was a discussion on ordinances not to be voted on until January 24 th and also an update of the New Castle County Comprehensive Emergency Plan Executive committee-ms. Hartley-Nagle- Resolutions pertaining to the appointments of Chief Financial Officer, Chief Human Resources Officer, General Manager of the Department of Community Services and General manager of the Department of Land Use. Also discussed were the revisions to the job descriptions and the voting process for hiring of Counsel to Council F. Consent Calendar: R17-001: HONORING THE LIFE OF DONALD DEAN WILSON, SR. Introduced by: Mr. Cartier R17-002: CONGRATULATING COLONEL ELMER M. SETTING ON HIS RETIREMENT FROM THE NEW CASTLE COUNTY POLICE DEPARTMENT. Introduced by: Mr. Bell, Mr. Street, All of Council R17-003: HONORING THE LIFE OF ADELE WEINER. Introduced by: Mr. Cartier, All of Council Consent Calendar--Adopted G. Presentations: All of Council presented Resolution R17-002 to Colonel Elmer M. Setting Comments by Colonel Elmer M. Setting H. Consideration of Resolutions Removed from the Consent Calendar and Other Resolutions: R17-004: PLAN OF SPCA COMMERCIAL: WHITE CLAY CREEK HUNDRED; WEST SIDE OF STANTON-CHRISTIANA ROAD; 1,500 FEET NORTH OF METRO PARK DRIVE; MAJOR LAND DEVELOPMENT PLAN THAT PROPOSES A 5,371 SQUARE FOOT CONVENIENCE STORE; 4,000 SQUARE FOOT RESTAURANT AND 11,700 SQUARE FOOT SHOPPING CENTER; CR ZONING. Introduced by: Mr. Woods -- It was moved and seconded that R17-004 be read by title only and placed before Council for its
Resolution 17-004 Adopted R17-005: CONSENTING TO THE APPOINTMENT OF JAMES BRIAN MAXWELL FOR THE POSITION OF CHIEF FINANCIAL OFFICER. Introduced by: Ms. Hartley-Nagle -- It was moved and seconded that R17-005 be read by title only and placed before Council for its Resolution 17-005 Adopted R17-006: CONSENTING TO THE APPOINTMENT OF MARCUS A. HENRY FOR THE POSITION OF GENERAL MANAGER OF THE DEPARTMENT OF COMMUNITY SERVICES. Introduced by: Ms. Hartley-Nagle -- It was moved and seconded that R17-006 be read by title only and placed before Council for its Resolution 17-006 Adopted R17-007: CONSENTING TO THE APPOINTMENT OF RICHARD EBERHART HALL, AICP, FOR THE POSITION OF GENERAL MANAGER OF THE DEPARTMENT OF LAND USE. Introduced by: Ms. Hartley-Nagle -- It was moved and seconded that R17-007 be read by title only and placed before Council for its Resolution 17-007 Adopted R17-008: CONSENTING TO THE APPOINTMENT OF VANESSA S. PHILLIPS, ESQ. FOR THE POSITION OF CHIEF HUMAN RESOURCES OFFICER. Introduced by: Ms. Hartley-Nagle -- It was moved and seconded that R17-008 be read by title only and placed before Council for its Resolution 17-008 Adopted R17-009: SUPPORTING THE NEW CASTLE COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP) UPDATE. Introduced by: Mr. Bell, Mr. Street -- It was moved and seconded that R17-009 be read by title only and placed before Council for its Resolution 17-009 Adopted
R17-010: TO AMEND RULES OF PROCEDURE OF NEW CASTLE COUNTY COUNCIL 3 AND 4 TO COMPORT WITH LAW AND PRACTICE AND FOR GENERAL HOUSEKEEPING. Introduced by: Mr. Smiley -- It was moved and seconded that R17-010 be read by title only and placed before Council for its Comments by Councilman Smiley Resolution 17-010 Adopted I. Consideration of Ordinances: º16-139: TO PROVIDE FOR THE INSTALLATION OF TRADITIONAIRE STREET LIGHTS IN THE JILLIANS WAY SUBDIVISION LOCATED IN NEW CASTLE HUNDRED AND FOR A LIGHT TAX BASED ON THE COST OF STREET LIGHTS. Introduced by: Mr. Bell --It was moved and seconded that º16-139 be read by title only and placed before Council for its Ordinance 16-139 Adopted º16-140: TO PROVIDE FOR THE INSTALLATION OF GRANVILLE STREET LIGHTS IN THE WESTHAMPTON SUBDIVISION LOCATED IN MILL CREEK HUNDRED AND FOR A LIGHT TAX BASED ON THE COST OF STREET LIGHTS. Introduced by: Ms. Kilpatrick --It was moved and seconded that º16-140 be read by title only and placed before Council for its Ordinance 16-140 Adopted º16-141: AMEND THE PAY PLAN AND RATES OF PAY FOR UNCLASSIFIED EMPLOYEES OF COUNTY COUNCIL. Introduced by: Ms. Hartley-Nagle --It was moved and seconded that º16-141 be read by title only and placed before Council for its Comments by Councilman Cartier Ordinance 16-141 Adopted Yes: Bell, Cartier, Diller, Hartley- Nagle, Hollins, Kilpatrick, Powers, Sheldon, Smiley,Tackett, Here: Street º16-142: AMEND THE GRANTS BUDGET: REALIGN $205,572.16 IN FEDERAL FUNDS AND $75,000.00 IN PROGRAM INCOME WITHIN THE FY2016 COMMUNITY DEVELOPMENT BLOCK GRANT, WHICH IS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY SERVICES. Introduced by: Mr. Hollins, Ms. Diller --It was moved and seconded that º16-142 be read by title only and placed before Council for its Ordinance 16-142 Adopted º16-143: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 2 ( ADMINISTRATION ), ARTICLE 5 ( DEPARTMENTS AND OFFICES ), DIVISION 2.05.500 ( DEPARTMENT OF ADMINISTRATION ), TO CREATE A COUNTY INVESTMENT ADVISORY BOARD. Introduced by: Ms. Kilpatrick
Tabled º16-144: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 2 ( ADMINISTRATION ), ARTICLE 5 ( DEPARTMENTS AND OFFICES ), DIVISION 2.05.500 ( DEPARTMENT OF ADMINISTRATION ), SECTION 2.05.503 ( OFFICE OF FINANCE ) TO CLARIFY COUNTY INVESTMENT LAW. Introduced by: Ms. Kilpatrick Tabled º16-065: REVISE ZONING MAP: WHITE CLAY CREEK HUNDRED; WEST SIDE OF OLD HARMONY ROAD, NORTH SIDE OF GREEN RIDGE ROAD; EAST SIDE OF HARMONY ROAD AND OPPOSITE SPRING LAKE DRIVE; 1.83 ACRES FROM S (SUBURBAN) TO ST (SUBURBAN TRANSITION); AND TO AMEND THE 2012 COMPREHENSIVE PLAN CONSISTENT THEREWITH. (The Exploratory Minor Land Development Plan and Rezoning for 330 Old Harmony Road proposes to rezone the 1.83 acres to ST to create five residential single family detached building lots. The property is owned by Harmony Ridge LLC; App. No. 2015-0271-S/Z). Introduced by: Mr. Sheldon --It was moved and seconded that º16-065 be read by title only and placed before Council for its Councilman Sheldon asked applicant to come and make comment before Council Applicant Ben Colpe spoke about the flood plains and common driveways Ordinance 16-065 Adopted Bell: Yes, based on the positive recommendation of the Land Use Department Cartier: Yes, based on the positive recommendation of the Department of Land Use, Planning Board, and the consistency and harmony with the adjacent properties Diller: Yes, based on the positive recommendation of the Land Use Department and because it is consistent with the community surrounding it Hartley-Nagle: Yes, based on the positive recommendations made by the Department of Land Use Hollins: Yes, based on the recommendations of the Land Use Department Kilpatrick: Yes, Supporting the recommendation of the Department of Land Use Powers: Yes, based on the recommendations of the Department of Land Use Sheldon: Yes, based on the positive recommendation of the Land Use Department and Planning Smiley: Yes, in support of the recommendations of the Land Use Department Street: Not voting due to a potential conflict of interest Tackett: Yes, based on the positive recommendations Weiner: Yes, based on the positive recommendation of the Land Use Department and Planning Board Woods: Yes, based on the recommendations of the Department of Land Use º16-066: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 40 (ALSO KNOWN AS THE UNIFIED DEVELOPMENT CODE OR UDC ) REGARDING THE ESTABLISHMENT OF A NEW ZONING DISTRICT TO BE KNOWN AS THE ECONOMIC EMPOWERMENT DISTRICT (EED). Introduced by: Mr. Tackett, Ms. Kilplatrick --It was moved and seconded that º16-066 be read by title only and placed before Council for its Councilman Tackett made a motion to amend 16-066 In Section 40.17.302 titled Permitted Uses, subsection A.1. titled EED District Uses (remove, strike, delete) the row reading Farm management services.
Amendment one to 16-066--Adopted Councilman Tackett made a motion to amend 16-066 In Section 40.17.302 titled Permitted Uses, subsection A.2.f titled agriculture (remove, strike, delete) subsection f in its entirety. Amendment two to 16-066--Adopted Councilman Tackett commented on amendment one and two Member of the public Vic Singer commented Ordinance 16-066 Adopted as amended by No. 1 and 2 Yes: Bell, Cartier, Diller, Hollins, Kilpatrick, Powers, Sheldon, Smiley, Street, Tackett, Weiner, Woods No: Hartley-Nagle º16-067: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 40 (ALSO KNOWN AS THE UNIFIED DEVELOPMENT CODE OR UDC ) REGARDING THE ESTABLISHMENT OF A NEW OVERLAY ZONING DISTRICT TO BE KNOWN AS THE NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (NPOD). Introduced by: Mr. Tackett, Ms. Kilpatrick --It was moved and seconded that º16-067 be read by title only and placed before Council for its Discussion by Council members regarding this Ordinance Members of the public Vic Singer and Bill Dunn commented Mary Jacobson, Attorney representing the Department of Land Use, commented Ordinance 16-067 Adopted Yes: Bell, Cartier, Diller, Hollins, Kilpatrick, Sheldon, Smiley, No: Hartley-Nagle Abstain: Powers º16-068: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 40 (ALSO KNOWN AS THE UNIFIED DEVELOPMENT CODE OR UDC ) REGARDING THE ADOPTION OF A NEW APPENDIX 7 TO PROVIDE GUIDING PRINCIPLES FOR DEVELOPMENT. Introduced by: Mr. Tackett, Ms. Kilpatrick --It was moved and seconded that º16-068 be read by title only and placed before Council for its Councilman Weiner commented Ordinance 16-068 Adopted Yes: Bell, Cartier, Diller, Hollins, Kilpatrick, Sheldon, Smiley, No: Hartley-Nagle, Powers J. Time Sensitive Congratulatory/Honorary Resolutions: None 17-011: CONGRATULATING DORIS IRENE GUNNIP FOR CELEBRATING HER 100 TH BIRTHDAY ON DECEMBER 30 TH 2016. Introduced by: Ms. Diller, Mr. Smiley, and Ms. Hartley- Nagle
--It was moved and seconded that º17-011 be read by title only and placed before Council for its Ordinance 17-011 Adopted K. Introduction/Consideration of Emergency Ordinances: None L. Public Comment/Other: None M. Motion to Adjourn There being no further testimony, Councilman Smiley made a motion to adjourn, it was seconded by Councilwoman Kilpatrick and the meeting was adjourned at 7:44 p.m. Karen Hartley-Nagle Council President New Castle County A recording of the meeting is available upon request. Respectfully submitted by Kate Maxwell, Legislative Aide to Council President Karen Hartley-Nagle