Mayor & City Council
Regular Meeting Minutes
April 9, 2012
The Mayor & City Council met on Monday, April 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, Chief of Police Jeffrey Horvath & 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 reported that the recycling schedule will change as of May 1, 2012 and the new yard waste collection schedule is available. The new schedule has been sent out with the tax bills and is posted to the City’s website. Also the spring bulk trash collection will be taking place each Wednesday in April. Please call City Hall to schedule a pick up.
· On April 21, 2012 the City will hold the Global Youth Service Day FOOD DRIVE in partnership with the CHHS & Jefferson Awards.
· On April 17th USS Missouri Cannon is coming to Lewes, stopping at the Lewes Public Library on its trip to Cape Henlopen State Park.
· Lewes Municipal Election will be held on Saturday May 12, 2012. Voter registration will be ongoing until April 27th, with Saturday voter registration on April 14th.
· The Mayor & City Council will be meeting one week later in May on May 21th. The Parks & Recreation Commission will be meeting on May 14th.
· Arbor Day is on Friday April 27th and will be held in Zwaanendael Park recognizing Bailey Lester.
· Mayor Ford announced that this is the last Council meeting for Councilperson Barbara Vaughan. Members of Council gave parting comments.
· There will be a DelDOT workshop on April 10th regarding a transportation enhancement grant for improvements to the entrance at the Little League Ball Field to the Lewes Historical Society Life Saving Station and Lightship Overfalls. They are looking for public feedback and everyone is invited to attend.
· Additions and/or Deletions: Mayor Ford moved G1 to directly after the Staff Reports.
D. MINUTES:
1. Presentation & consideration towards the Mayor & City Council regular meeting minutes from March 12, 1012 and budget meeting minutes from March 5, 2012, March 16, 2012 and March 20, 2012.
ACTION: Councilperson Beaufait made a motion to approve the minutes as written, seconded by Councilperson Vaughan, all voting in favor, motion carried.
2. Presentation of the Board of Public Works regular meeting minutes from February 22, 2012.
ACTION: Councilperson Vaughan made a motion to accept the minutes as written, seconded by Deputy Mayor Becker, 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 motion to accept the financial reports as presented, seconded by Councilperson Vaughan, all voting in favor, motion carried.
2. Police Department Activity Report – Chief of Police Jeffrey Horvath presented the March 2011 Police Department activity reports.
ACTION: The report was accepted by common consensus.
3. Fire Department Activity Report – Mayor Ford gave the March 2012 Lewes Fire Department report and year-to-date comparison.
G. NEW BUSINESS:
1. Presentation of a Certificate of Recognition of Traders Jewelry & Gift Shop for 65 years of doing business within the City of Lewes
Mayor Ford read the Certificate of Recognition into the record, presented and made comments. Margaret Lupton was present representing Traders Jewelry & Gift Shop, accepting the recognition and thanked the whole community for their loyalty to the store.
F. UNFINISHED BUSINESS:
1. Presentation & consideration of the final approval of an agreement between Beebe Medical Center and Lewes Board of Public Works regarding the installation of an emergency well on the BMC campus.
Mayor Ford explained this issue was approved at a previous Council meeting, contingent on an agreement between Beebe Medical Center and the Lewes Board of Public Works. That agreement is before Council for approval.
Mayor Ford read the agreement into the record as follows:
1. The Beebe Emergency Well is for non-potable water use only; specifically for the facility cooling towers and boilers.
2. A 4” double check backflow preventer is to be installed, maintained, tested and serviced annually by Beebe and the test results kept on file with both Beebe and the BPW.
3. A 2” meter is to be installed to measure usage.
4. An installation plan has been submitted and approved by the BPW as of November 11, 2011.
5. The well may be exercised monthly to ensure operability. This will not be done to bypass the BPW water distribution system.
6. The well may be used when the BPW water pressure at the interconnection of the well reaches 25 or fewer pounds per square inch (psi) and may remain running until the BPW pressure at the interconnection has reached 35 psi and greater.
7. Beebe will comply with any request from the BPW to run the well.
Any modifications or actions outside of this agreement will result in the disconnection of the well from the access to the system until both parties agree to an amended agreement addressing the issues at hand.
ACTION: Councilperson Vaughan made a motion to approve the Agreement as presented, seconded by Councilperson Beaufait, all voting in favor, motion carried.
3. Presentation & consideration to receive a statement from the Lewes Library Board regarding the intention to construct a new building within the City of Lewes
Councilperson Vaughan read into the record a letter from the Lewes Public Library Board of Commissioners stating that at the on March 13, 2012 the Board unanimously approved the following resolution:
· The Board selects the Thompson property, adjacent to the current site, for construction of a new library.
· The Board considers this site for a new library as the most advantageous for our library members.
· The objective of the Board is to build a facility that will serve the community far into the future.
ACTION: Councilperson Vaughan made a motion to formally receive and acknowledge this statement, seconded by Deputy Mayor Becker, all voting in favor, motion carried.
Mayor Ford thanked the Library Board for taking this action.
4. Presentation & consideration of a draft ordinance or ordinances on the serving, consumption & possession of alcohol on City property
Mayor Ford stated there are two different considerations for alcohol on City property. At the last City Council meeting, the City Solicitor presented a draft ordinance which included the enforcement conditions. Council directed the City Solicitor to pull out the enforcement part to be acted on separately. The other component will be specifically for the allowing of alcohol to be served on city property during approved events.
City Solicitor Mandalas stated he had read the proposed ordinance into the record at the March Council meeting; therefore it was referenced into the record. This ordinance would create a new Section 54-3 relating to public possession and consumption of alcohol and a new Section 54-4 relating to violations and penalties.
Chief Horvath & City Manager Eckrich stated they approved of the ordinance as written,
ACTION: Deputy Mayor Becker made a motion to approve Section 54-4 relating to violations and penalties as presented, seconded by Councilperson Vaughan.
Linda Blumner, Bayview Avenue, questioned how the City will deal with block parties that happen throughout the city during the summer. Mayor Ford stated they will be handled as they have been in the past.
ACTION: All voting in favor, motion Carried.
City Solicitor Mandalas stated the next ordinance to be considered was an amendment to Chapter 54 by creating a new Section 54-3, relating to public consumption of alcohol. This would apply to the allowing of alcohol on city property during approved events and would only apply to beer and wine. He has amended the approval time to a 60-day period and requires prior approval by the ABC and insurance of $1million.
Atty. Mandalas stated there had been discussion about limiting the allowance of alcohol to events that the City derives benefit from. He has had a hard determining how to incorporate this into the ordinance and requested direction from Council.
Mayor Ford suggested taking a different approach to this issue and requested Council consider that instead of codifying language for this issue, Mayor & City Council would address these types of situation on a case by case basis. City Solicitor Mandalas stated he approved of this approach, giving Council the opportunity to try out the situation prior to codification.
Deputy Mayor Becker stated there would need to be guidelines to be used by Council to consider these requests. Then Council can determine if there is an inherent benefit to the city.
Councilperson Beaufait stated initially he did not have problems with this issue but feels allowing alcohol in the public parks would create issues. Council needs to be very careful. He is not sure Council needs to be addressing this. At this point, if he had to vote on the issue, he would vote no.
Councilperson Vaughan stated she has the same concern. It is a very slippery slope and Council needs to be careful. She would also vote no at this point. She could approve of limiting alcohol to the Net House as it can be isolated from the rest of the park.
Councilperson Letonoff stated Council needs to move forward looking at this on a site by site basis and considering it very carefully.
Mayor Ford stated Council will continue to move forward with this issue later in the summer.
G. NEW BUSINESS:
1. Presentation of a proclamation declaring May 6-12, 2012 as Drinking Water Week within the City of Lewes. The proclamation was read into the record by Councilperson Beaufait.
2. Presentation of a proclamation declaring April 27, 2012 as Arbor Day within the City of Lewes. The proclamation was read into the record by Councilperson Letonoff.
3. Presentation of a proclamation declaring May 2012 as National Historic Preservation Month within the City of Lewes. The proclamation was read into the record by Councilperson Vaughan.
4. Presentation of a proclamation declaring May 2012 as Lewes Bike Month within the City of Lewes. The proclamation was read into the record by Mayor Ford.
5. Presentation of a Proclamation proclaiming May 26, 2012 as Historic Lewes Farmers Market Day within the City of Lewes. The proclamation was read into the record by Deputy Mayor Becker.
6. Acceptance of the Candidates for the forthcoming Municipal Election to be held May 12, 2012
City Manager Eckrich read the Certificate of Election for the May 12, 2012 City of Lewes municipal election into the record. The candidates are as follows:
Councilperson: Ted Becker, William Landon, Rob Morgan, Bonnie Osler & Dennis Reardon.
Mayor: James L. Ford III
Mayor Ford introduced all the candidates and thanked them for their interest in serving the community
7. Presentation & consideration of a Resolution to pursue an amendment to the City of Lewes Charter updating the Senatorial & Councilmanic Districts to be consistent with the 2010 census
8. Presentation & consideration of a Resolution to pursue an amendment to the City of Lewes Charter concerning the competitive bidding process.
City Solicitor Mandalas recommended considering agenda items G7 & G8 at the same time. He explained that any change to the City Charter requires an act by the State Legislature. The first proposed Charter change is the result of the recent redistricting. The City must change the districts as stated in the Charter. The second proposed change is regarding the competitive bidding process. Currently, there is very little flexibility in choosing any bid other then the lowest bidder. The proposed change would allow some flexibility in limited circumstances, giving clarity to the term “lowest responsible bidder”.
City Solicitor Mandalas read the Resolutions into the record and explained that even though the amendments are unrelated, the Legislature wants them sent in one bill.
Councilperson Vaughan stated there was also a change in the House district. City Manager Eckrich stated the House is not addressed in the City Charter. Atty. Mandalas concurred; it is not addressed in the Charter and read from the Charter. Ms. Vaughan questioned if it is an omission. Mayor Ford stated he is not sure why it is not in the Charter but it should be consistent. If one is in the Charter, the other should be also. Councilperson Letonoff questioned if it needs to be in the Charter at all. Deputy Mayor Becker agreed, it could change again and Council would have to go through this process again.
City Solicitor Mandalas stated there has to be a way to determine if a person is qualified to vote in the City of Lewes. It could be changed to “being a qualified voter of the State of Delaware, residing within the corporate city limits as defined in the Charter”.
Nina Cannata, 212 W. Fourth Street, questioned if it should it include that they must be a full time resident of the City of Lewes. Mayor Ford stated he believes that is already addressed. Atty. Mandalas stated he believes it is addressed in the voter registration section.
Mayor Ford stated this is a time sensitive issue as it needs to be dealt with by the Legislature before they adjourn this session. He suggested moving forward, letting the City Solicitor do some additional research and if there is any change it can be ratified at the May Council meeting. Atty. Mandalas agreed.
Atty. Mandalas proposed the following to define if a resident would be eligible to vote within the City of Lewes:
Provided that he or she is registered on the books of registered voters of the City of Lewes for the purpose of this section, a citizen of the City of Lewes shall be deemed to include any person who is a qualified voter of the State of Delaware, residing within the corporate limits of the City of Lewes as defined in this Charter.