Tom Kovach won a special election in January, partially because of controversy surrounding the former County Council President, Paul Clark. Clark is perceived by many as too close to the development community and Kovach ran against this. So it was interesting to read yesterday that Kovach voted in favor of a controversial development project. The explanation is that Kovach got punched by Councilman Smiley. The story is really quite amazing:
Opponents of the proposed Governor’s Square III Commercial Center were shocked to learn Wednesday that New Castle County Council on Tuesday unanimously lifted a deed restriction on the property at Del. 7 and U.S. 40 in Bear.
Even two council members said they didn’t know what they had done the night before.
…
But a deed restriction on the property was lifted by a resolution that was listed on the “consent calendar” portion of the agenda. According to council rules, “the consent calendar is intended for noncontroversial items that are not contemplated for discussion on the floor of council or objection.”
DelleDonne & Associates’ proposal to build the 230,000-square-feet shopping center has been hugely controversial in Bear.
All the items on the consent calendar are voted on in bulk. Although each council member was given a copy of the resolution, which detailed the lifting of the deed restriction, there was no hint on the meeting agenda that the item in the consent calendar involved Governor’s Square III. Only the tax parcel number of the property was listed on the agenda.
You just have to salute in awe of Councilman Smiley’s daring in this case. Kovach and the other council members got punked. So, how will the new supposedly reform-minded Council President respond?
For one, can the decision be reversed? It certainly seems like an abuse of power, or at least powerful loophole that Smiley exploited. I assume that council still has the power to stop the project if it can find the will to do it. I’m sorry Mr. Kovach, but Smiley made you look like a fool. Are you going to sit back and take it? The excuse that you were tricked is not going to fly. Sure, Smiley knows parliamentary procedure, but you were a member of the General Assembly. I’m sure you learned some tricks there.
I do look forward to a power struggle between Kovach and Smiley. Maybe it will bring some attention to county council, which desperately needs some adult supervision.