MAYOR & CITY COUNCIL

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					                                           MAYOR & CITY COUNCIL
                                             JANUARY 9, 2012
                                         REGULAR MEETING MINUTES


The Mayor & City Council met on Monday, January 9, 2012 in Council Chambers at Lewes City Hall, in
accordance with proper notification, with the following members present: Mayor James L. Ford, III, Deputy Mayor Ted
Becker, and Councilpersons Victor Letonoff, Barbara Vaughan & Fred Beaufait. City Solicitor Glenn Mandalas, City
Manager Paul Eckrich & Recording Secretary Alice Erickson were also present.

A.   CALL TO ORDER:                      Mayor Ford called the meeting to order at 7:00pm.

B.   PLEDGE OF ALLEGIANCE:               Mayor Ford led the Pledge of Allegiance and prayer.

C.   ANNOUNCEMENTS, ADDITIONS AND/OR DELETIONS TO THE AGENDA
        Mayor Ford thanked everyone that donated to the holiday decoration fund raising effort
        Budget meetings will begin in February on Fridays from 10am-12pm. There will be at least one evening
         meeting during the budget process and will be concluded by the end of March. Everyone is welcome.
        Additions and/or Deletions: move agenda items G1 & G2 to after the Staff Reports.

D. MINUTES:

1.   Presentation & consideration towards the Mayor & City Council regular meeting minutes from
     December 12, 2011 & special meeting minutes from December 8, 2011.

     Councilperson Letonoff request a correction to the December 12, 20122 minutes under D. Minutes: 1.
     changed from:
           Councilperson Beaufait made a motion to approve the minutes as written, seconded by
           Councilperson Beaufait, all voting in favor, motion carried.

     Correcting to:
            Councilperson Beaufait made a motion to approve the minutes as written, seconded by
            Councilperson Vaughan, all voting in favor, motion carried.

ACTION:     Councilperson Beaufait made a motion to approve the minutes as amended, seconded by
            Councilperson Vaughan, all voting in favor, motion carried.


E. STAFF REPORTS:

1.   Monthly Statement of Accounts, Transfer of E.I.D.E. Monies, Crime Control & Safe Street Monies,
     Municipal Street Aid Monies and Local Law Enforcement Monies

 ACTION: Deputy Mayor Becker made a motion to accept the financial reports as presented, seconded by
         Councilperson Vaughan, all voting in favor, motion carried.

     City Manager Eckrich gave an update on the current budget year and did a comparison on the trash,
     recycling and yard waste usage figures this year to last year.


2.   Police Department Activity Report – Chief Horvath presented December 2011 Police Department activity
     report and year to date comparison.

ACTION:     The report was accepted by common consensus.


3.   Fire Department Activity Report – Mayor Ford gave the December 2011 report and year-to-date
     comparison.

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G. NEW BUSINESS:

1. The Recognition of the Brittingham Family and the Lewes Dairy for their years of service to the City of
   Lewes.

   Mayor Ford presented a Certificate of Recognition to the Brittingham Family, thanking them for all their service to
   the City of Lewes through the establishment of the Lewes Dairy.


2. Presentation by representatives from the Jefferson Awards for Public Service regarding the Youth
   Service Challenge program.

   Mayor Ford stated this is a very interesting program for the community’s youth and a great opportunity for the
   City of Lewes.

   A PowerPoint presentation was made by Jefferson Awards representatives Michelle Fidance, National
   Director, and Public Allies Melanie Gonsecki, and Ursula Stankiewica on the Jefferson Awards for Public
   Service regarding a Youth Service Challenge program, which is attached and made a part of these minutes.
   For more information on this program, go to www.jeffersonawards.org. Mayor Ford will be presenting awards
   in May.


F. UNFINISHED BUSINESS:

1. Discussion regarding the serving & consumption of alcohol on City property.

   Mayor Ford stated this concept was discussed at the December Council meeting. There is currently no ordinance
   that prohibits alcohol consumption on city property. There have been questions regarding the possibility of allow
   the serving and consumption of alcohol on city property under certain conditions.

   Mayor Ford stated he and Deputy Mayor Becker have discussed the possibility of the restriction of public
   consumption of alcohol to the city parks, rather than an allowing throughout the city. It would be allowed only by
   approved vendors with certified and licensed servers. Also the ABC would need to approve any policy and/or
   criteria. Approval could be by the City Manager and if he has any concerns, requests could be forwarded to City
   Council for approval. It could also be limited to serving just beer and wine.

   Atty. Mandalas stated the process of an administrative approval with consultation by City Council if there were
   any problems could work. He questioned what type of event would be considered city sanctioned?

   Mayor Ford stated the most obvious would be fundraising events to benefit the city, such as the Friends of the
   Canalfront Park holding a fundraising event at the Canalfront Park. An example of this would the “Taste of
   Lewes” that is held every year to raise funds for the Canalfront Park. Beyond that they would have to discuss it
   further to create a clear definition.

   Councilperson Vaughan stated she would like to be conservative limiting the serving and consumption of alcohol
   to the Net House. It is an attractive, easily controlled venue that could be used for these types of events and
   would have a minimal impact on the city and the parks. She would support having an administrative approval
   process, allowing for input from Council in special situations. She is uncomfortable about having a lot of these
   kinds of activities in the parks. The parks are family oriented and she does not feel it would be appropriated to
   have wine and beer in areas where children play.

   Councilperson Letonoff stated he likes the idea of identifying specific venues where this will be allowed and
   specific parameters in which it could be done. He is concerned it could take revenue away from the downtown
   merchants. Deputy Mayor Becker stated that is a very important point. The downtown merchants are concerned
   about this also.

   Councilperson Beaufait stated the Overfalls started this conversation. He questioned if there is the need to have
   someone certified to serve alcohol, especially to small groups. He does not want to set the situation up for
   problems. He has no problem specifying what parks can be use and certainly not allowed on the beaches.
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   Deputy Mayor Becker stated becoming a trained/licensed server is not a big problem and there is no cost. They
   would need to ask the City’s insurance company if there would be any additional cost or liability. They also need
   to look at the event fees and determine if an increase would be needed for the possibility of clean up or repair.

   Chef Horvath stated he would like Council to be conservative with their decision. There can be many problems
   associated with allowing alcohol at events. A deposit should definitely be necessary. He asked Council to look
   carefully at any rules as they will need to be very clear for the police to be able to enforce when there are
   violations.

   Councilperson Beaufait stated he does not want alcohol allowed at the summer concerts.

   Mr. Eckrich stated his concern is that the parks are public and regardless of what is going on the public can go
   into that park. Access to the Net House can be restricted, but the parks cannot. He asked Council to be
   conservative in their decision.

   Councilperson Beaufait stated that once alcohol is allowed in one place, such as the Net House, then it is hard to
   not allow in other places. Council must be very careful.

ACTION: Mayor Ford directed City Solicitor Mandalas will work with the City Manager and the Chief of Police to
        draft an ordinance to bring back to Council for further discussion.

   Joe Hoechner, Seagull Drive, stated he is concerned with allowing alcohol at Stango Park, especially at the
   summer concerts.


2. Presentation & consideration regarding the status of the City of Lewes Board of Ethics.

   City Solicitor Mandalas clarified there is currently no Board of Ethics though the City Code establishes the
   requirement for a Board of Ethics in §9-6. By Resolution, Council needs to re-establish the Board of Ethics,
   identifying staggered terms similar to the way it was originally constituted. The larger issue is to identify how
   often they will meet and under what circumstances. Council also needs to review their bylaws. Atty.
   Mandalas requested guidance from Council on how they want him to proceed.

   Mayor Ford stated Mr. Eckrich has sent a copy of the Code §9-6, Board of Ethics to Council. Mr. Eckrich has
   requested Council draft the bylaws to be consistent with the Code.

   Mayor Ford requested the City Solicitor bring a resolution to Council reconstituting the Board of Ethics,
   reviewing the current bylaws for inconsistencies with the Code and bring suggestions back to Council for
   consideration.

   Councilperson Letonoff questioned if it is necessary to form a Board of Ethics. He feels there are problems with
   getting members trained and keeping them current with legal issues. He would like to make the Board of Ethics
   a part of an existing Commission, possibly Council or the Board of Adjustments. Mayor Ford stated part of the
   Board of Ethics responsibility would be over the City Council and other Commissions; therefore, that would
   create a conflict of interest.

   Mayor Ford questioned if there is an appeal process to a Board of Ethics decision. Atty. Mandalas stated he
   believes an appeal would go directly to the Superior Court. The Public Integrity Commission provides free
   training for Municipal Board of Ethics.

   Councilperson Vaughan stated rarely does an issue go to the Board of Ethics. It is important to have but it
   doesn’t need to be large and there is training and information available if needed.

   Deputy Mayor Becker agreed that the training issue is important. He has spoken with the Town of Georgetown
   regarding their Board of Ethics. They have an ordinance requiring a Board of Ethics but only formed on an as
   needed basis at which point they obtain training from the Integrity Commission. This might be a way for the City
   to go and requested the City Solicitor review Georgetown’s ordinance.



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   Atty. Mandalas stated he is not a fan of a Board of Ethics as they are frequently used inappropriately. Council
   needs to move forward carefully with this issue.

   Mayor Ford questioned what would happen under the current situation if a need arose. Atty. Mandalas stated the
   City would probably have to do something similar to Georgetown. The State has been very clear they do not
   want to take back this responsibility and would require Lewes to handle any issues.

   Councilperson Beaufait stated he likes the idea of how Georgetown handles this issue.

   Mayor Ford would like a list of individuals willing to sit on a Board of Ethics if it needs to be formed.

   Att. Mandalas stated the City may need to go back to the Public Integrity Commission if they are going to change
   how the Board of Ethics will work. He will contact them to see how they would react to this change.

ACTION:    Council directed the City Solicitor Mandalas to draft an ordinance for review by Council.

   Mayor Ford thanked the City Council for working so well together on this issue and the prior agenda item.


3. Presentation of the Historic Preservation Commission 2011 Annual Report

   Elaine Simmerman, Chairperson, Historic Preservation Commission (HPC) gave a PowerPoint presentation on
   the HPC 2011 Annual Report, which is attached and made a part of these minutes.

   Accomplishments
    Definition of In Public View was established
    Through the rewriting of the Zoning Code, worked to establish a new building height in the historic district
    Held public workshop on tax credits for Historic Preservation
    Established the Chair/Staff review process.

   2011 Statistical Analysis
    13 HPC meetings were held
    27 total applications were considered by HPC
    15 requests were addressed & approved in one meeting
    10 requests were address in the chair/staff review
    0 requests were not passed by HPC
    4 requests were withdrawn

   Evaluation of the 2011 Goals
    Worked toward clarifying the areas of responsibility of the HPC & the building inspector
    Explored future expansion of the Historic District
    Sought training opportunities for HPC commissioners
    Increased interaction with State Historic Preservation Office

   HPC Goals for 2012
    Include the chair/staff review process as a a part of the HPC bylaws & procedures
    Seek additional training
    Sponsor public workshop on a pertinent topic
    Explore future expansion of Historic District

   Joe Hoechner, Seagull Drive questioned if all the projects were approved as requested by the homeowner. Ms.
   Simmerman stated it is usually a negotiation between the HPC and the homeowner.

   Mayor Ford thanked the members of the Historic Preservation Commission on another successful year and their
   contributions to the City of Lewes.




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4. Presentation of an Update on the Hazard Mitigation & Climate Adaption Action Plan

   Mayor Ford gave a brief update on the Hazard Mitigation & Climate Adaption Action Plan. Dr. Wendy Carey has
   been working on this issue with the Mitigation Planning Team.

   The last time the Hazard Mitigation Team met they discussed and determined to work on the consolidation and
   sharing of information with the community. A presentation to the Planning Commission has been done and
   Mayor Ford and Dr. Carey will be meeting with the Pilottown Village Homeowner Association. They are currently
   working on updating the City’s Disaster Preparedness booklet and the City’s National Flood Insurance
   Newsletter will be going out this spring.

   Mayor Ford thanked Dr. Carey for her service to the community. Copies of the Action Plan are available at
   Lewes City Hall, the Lewes Library and on the City’s website for the public to review.


5. Presentation & consideration of an Ordinance amending Chapter 106, Section 106-4, relating to Curbside
   Recycling Regulations.

   City Solicitor Mandalas explained this ordinance reflects the new state regulations regarding curbside recycling.
   Atty. Mandalas read the ordinance into the record.

   Councilperson Vaughan stated there is a problem with summer residents not bringing their recycling carts back
   in a timely manner. Have there been any complaints? Mr. Eckrich stated this has not been a problem so far.

   Deputy Mayor Becker stated residents are required to only use recycling carts provided by the city. There needs
   to be clarification regarding excessive recycling materials beyond the cart. He has had complaints about
   additional items not being picked up. Mr. Eckrich stated the contractor has agreed to pick up one additional bag
   of recycling materials beyond the cart

   Atty. Mandalas questioned if the homeowner can get additional carts? Mr. Eckrich stated this issue is not in the
   contract but he does not have a problem with resident’s purchasing an additional cart.

ACTION:    Deputy Mayor Becker made a motion to approve the amendment as presented, seconded by
           Councilperson Vaughan, all voting in favor, motion carried.


6. Presentation & consideration of a request from Betsy Reamer, Executive Director, Lewes Chamber of
   Commerce, for the scheduling the following 2012 events with associated requests:
    Winter Fest Block Party Pet Pageant: February 11, 2012- closing Bank Street from Second Street to
      the entrance to Citizens Bank Parking lot from 1:00pm to 4:00pm.
    British Motorcar Show: Saturday May 5, 2012- Closing Third Street from Shipcarpenter Street to
      Thompson Country Store from 8:00am to 3:30pm to all vehicular traffic; allowing 2-way traffic on
      Shipcarpenter Street from Second Street to Third Street from 8:00am to 4:00pm & the waiving of the
      business license fee for the car show vendors.
    Lewes Garden Tour Garden Market: Saturday, June 16, 2012- The waiving of the business license
      fee for the Garden Market vendors.
    Boast the Coast Maritime Festival’s Seafood Tasting: Friday October 5 thru Sunday October 7 -
                                                                              th                      th

      reserve the use of the City Dock, reserve 4 parking spaces in 1812 Parking Lot & the waiving of
      applicable fees.

Mayor Ford stated these are standing requests made by the Chamber of Commerce each year. The police have had
no problems with any of these events in the past.

ACTION:    Councilperson Vaughan made a motion to approve the requests as presented, seconded by
           Councilperson Beaufait, all voting in favor, motion carried.




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7. Presentation & consideration for plantings at the Lewes Beach 1 parking lot by Lewes in Bloom

     Warren Golde, Lewes in Bloom, made a presentation to Council regarding permission to have additional
     plantings at the Bathhouse at Beach 1. There is currently an irrigation system but he doesn’t know what kind
     of system it is. The sand would have to be removed to look at the pipes and he doesn’t know what condition
     it is in. Mr. Golde requested the City bear the expense of any repairs needed. They will pay for the plantings
     and any additional soil if necessary. Lewes in Bloom will maintain the plantings. If necessary, he will come
     back to Council regarding the plans at a later time.

     Councilperson Beaufait requested an estimate of any necessary repairs to the current irrigation system, up to
     the cost of replacement, so it can be considered in the 2012 budget.

     Elaine Pease, Projects Officer, stated Sposato has reviewed the system. It is a drip system only and is
     working. Mr. Golde stated if it is a drip system, even if it had to be replaced should not exceed $200. The
     plants used will be very drought, salt and sand tolerant. He is asking Council to approve the concept at this
     time.

ACTION:      Deputy Mayor Becker made a motion to grant permission to reconstruct plantings at the Beach 1
             Bathhouse, subject to review of the irrigation system and associated costs to repair, seconded by
             Councilperson Beaufait, all voting in favor, motion carried.


H. EXECUTIVE SESSION – POTENTIAL LITIGATION, PERSONNEL, COLLECTIVE BARGAINING:

ACTION:      Councilperson Becker made a motion to go into Executive Session at 8:30pm, seconded by
             Councilperson Letonoff, all voting in favor, motion carried.


I.   CONSIDERATION AND/OR ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION:

pm returned to open session


J.   ADJOURNMENT:

There being no further business before Mayor & City Council, the meeting adjourned at pm by common consensus.


Submitted by,


Alice M. Erickson
Recording Secretary




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