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MAYOR & CITY COUNCIL REGULAR MEETING MINUTES

MAY 19, 2014 The Mayor & City Council met on Monday, May 19, 2014 in Council Chambers at Lewes City Hall, in accordance with proper notification, with the following members present: Past Mayor James L. Ford, III, Mayor Theodore W. Becker, Deputy Mayor Fred Beaufait, and Councilpersons Bonnie Osler, Dennis Reardon & Rob Morgan. City Solicitor Glenn Mandalas, City Manager Paul Eckrich & Recording Secretary Alice Erickson were also present.

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

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

C. REORGANIZATION OF COUNCIL: 1. Presentation & acceptance of the 2014 Certificate of Election

City Manager Paul Eckrich presented the Certificate of Election for the May 10, 2014 election. There were three candidates, in alphabetical order, Mike Mahaffie received 262 votes, Rob Morgan received 537 votes and incumbent Bonnie Osler received 613 votes. Ted Becker ran unopposed for Mayor. The winners of the 2014 election are incumbent Bonnie Osler and new Councilperson Rob Morgan. Over 68% of registered voters turned out for the election.

ACTION: Councilperson Beaufait made a motion to accept the Certificate of Election as presented, seconded by Councilperson Reardon, all voting in favor, motion carried.

2. Swearing in of Elected Officials

City Manager Eckrich swore in newly elected Theodore W. Becker as Mayor. City Manager Eckrich swore in incumbent Councilperson Bonnie Osler and newly elected Councilperson Rob Morgan

D. Announcements, Additions and/or Deletions to the Agenda Mayor Becker congratulated Bonnie Osler & Rob Morgan for their election to City Council and thanked Mike

Mahaffie for his willingness to run for City Council

Additions and/or Deletions: Presentation of the Jefferson Awards was moved to E1

E. PROCLAMATION & RECOGNITIONS 1. Presentation of Awards by the Jefferson Awards for Public Service

Michelle Fidance, National Director for the Jefferson Awards, explained the new Lead 360 Challenge program. The purpose of the program is to recognize youth that help make our world a better place. Their goal is to engage 1million youth annually in service lead activities over the next 5 years. In Delaware there were five Mayors & cities that met the challenge; Lewes, Georgetown, Dover, Newark and Wilmington. This year in Delaware there were 149 service projects. Of the 5,000 national projects posted, three are Delaware national finalists; one from Georgetown and two from Newark. The City of Lewes had three projects with 776 volunteers engaged 4430 hours of service and impacted over 13,000 lives. The financial impact was over $94,000. Ms. Fidance recognized the three Lewes service groups and Mayor Becker presented awards to:

Cape Henlopen Green Club were recognized for their recycling projects

Cape Henlopen High School Students in Action Team were recognized for their community service projects

Cape Henlopen High School JROTC Community Service received the Outstanding Service Award for their community wide service projects

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2. Proclamation of Missing Children’s Day - May 25, 2014, in the City of Lewes. Councilperson Osler read the

proclamation into the record.

3. Proclamation of Hurricane Preparedness Week - May 25-May 31, 2014, in the City of Lewes. Councilperson Reardon read the proclamation into the record.

4. Proclamation for Monarch Butterfly Week - June 15-22, 2014 in the City of Lewes. Councilperson Beaufait read the proclamation into the record.

F. APPOINTMENTS: The Mayor, with the majority consent of Council, made the following appointments, with new appointments indicated in bold: 1. Deputy Mayor Fred Beaufait 2. Secretary Dennis Reardon 3. Assistant Secretary Alice Erickson 4. Treasurer Bonnie Osler 5. City Solicitor Baird Mandalas Brockstedt, LLC 6. City Assessor William Spencer 7. City Auditor Tom Sombar & Co. CPAs 8. Acting City Manager Ellen Lorraine McCabe 9. Code Enforcement Officer Henry Baynum & Ed Gilpin 10. FOIA Coordinator Alice Erickson 11. Board of Health: James Marvel, Cheryl Littlefield, Mary Perez & Tecola McClain 12. Ex-Officio Member to the Lewes Planning Commission Bonnie Osler 13. Ex-Officio Member to the Lewes Planning Commission from the BPW Jack Lesher 14. Ex-Officio Member to the Historic Preservation Commission Bonnie Osler 15. Ex-Officio Member to the Commercial Architectural Review Commission Fred Beaufait 16. Ex-Officio Member to the Parks & Recreation Commission Rob Morgan 17. Ex-Officio Member to the Mitigation Planning Committee Dennis Reardon 18. Ex-Officio Member to the Scenic & Historic Byways Committee Dennis Reardon 19. Ex-Officio Member to the Bicycle & Pedestrian Safety Advisory Committee Rob Morgan 20. Member(s) of Council as liaison to the Lewes Library Board Rob Morgan & Dennis Reardon 21. Member(s) of Council as liaison to the Sussex County Council Rob Morgan & Dennis Reardon 22. Member(s) of Council to the Capital Projects Committee Ted Becker & Fred Beaufait

23. Three (3) members to the Planning Commission to fill the expired terms of Mike Mahaffie, Nina Cannata & Jim

Linnen for three (3) year terms each.

Mayor Becker stated that all three members have agreed to serve an additional three (3) year term each, and recommended their reappointments.

ACTION: Deputy Mayor Beaufait made a motion to approve the reappointment of Mike Mahaffie, Nina Cannata and Jim Linnen to the Lewes Planning Commission for an additional three (3) year term each, seconded by Councilperson Osler, all voting in favor, motion carried.

G. MINUTES: 1. Presentation & consideration towards the Mayor & City Council regular meeting minutes of April 14, 2014 &

special meeting minutes of April 7, 2014. ACTION: Deputy Mayor Beaufait made a motion to approve the minutes as presented, seconded by Councilperson

Reardon, all voting in favor, motion carried. 2. Presentation of the Board of Public Works regular meeting minutes of March 26, 2014. ACTION: Deputy Mayor Beaufait made a motion to accept the minutes as presented, seconded by Councilperson

Osler, all voting in favor, motion carried.

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H. STAFF REPORT: 1. Presentation & acceptance of the Financial Activity Reports

ACTION: Councilperson Osler made a motion to accept the Financial Activity Reports as presented, seconded by

Councilperson Reardon, all voting in favor, motion carried. 2. Presentation & acceptance of the Police Department Activity Report

Chief Horvath gave the April 2014 Police Activity Report as follows:

142 CALLS FOR SERVICE

118 Required action by LPD

MISC. COMPLAINTS TRAFFIC INCIDENTS: 7 False Alarms 8 Property Damage 4 Drug Complaints 0 Personal Injury 17 Assist other agencies 1 Hit & Run 3 Noise complaints 6 DUI Arrest 6 Domestics 110 Traffic Tickets 1 Burglaries 5 Disorderly Subjects 3 Thefts 11/15 ADULT ARRESTS:

2 Significant incidents 0/0 JUVENILE ARRESTS: Nina Cannata, W Fourth Street, stated there needs to be a sign regarding the meter at the W Third Street Parking Lot. It is difficult to see and people are getting ticketed. City Manager Eckrich stated they are in the process of ordering new signs. Robert Hyberg, Second Street, questioned what the focus will be for the summer bicycle police, such as enforcing no bikes on the sidewalks. Chief Horvath stated they will be addressing this issue in the near future and there should be an improvement.

3. Presentation of the Fire Department Activity Report

Mayor Becker gave the April 2014 Fire Department Activity Report.

I. UNFINISHED BUSINESS: 1. Presentation & consideration of an Ordinance amending Section 183-39, Schedule I, relating to limitations on

parking along Vermont, New Hampshire, Ohio & Oregon Avenues.

This issue was discussed and the recommendation from the Traffic Safety Management Advisory Committee was approved at the last Council meeting. Deputy Mayor Beaufait explained that signs will be installed and they are trying to determine where the right of way is and how to clear it to make room for appropriate parking. They will be asking the property owners to voluntarily free up the right of way where ever possible. Mayor Becker stated this issue came up during the renovations to Bay Avenue. City Manager Eckrich explained that Council needs to address acceptance of the formal Ordinance to amend the City Code. City Solicitor Mandalas read the Ordinance into the record. Councilperson Reardon questioned if they are looking at reclaiming all the right of way or just enough to make parking? Deputy Mayor Beaufait stated that if they are going to address this issue, they should look at all but they need to look at each situation to determine what is possible. He realizes it will not be cut and dry. They will need to look at each street, define the right of way and work with each property owner. Councilperson Reardon stated he hopes the City will be reasonable. Taking back all the right of way could be very difficult. Deputy Mayor Beaufait agreed they will have to keep an open mind. Mayor Becker stated they do not have the surveys yet and will need them to move forward with this project.

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ACTION: Deputy Mayor Beaufait made a motion to approve the Ordinance as presented, seconded by Councilperson

Osler, all voting in favor, motion carried.

J. NEW BUSINESS: 1. Presentation of the Certification by the City Assessor that all owners of property placed on the 2014 First

Supplemental Assessment List have been notified and, if necessary, schedule a date & time for a hearing.

Mayor Becker read a memo from City Assessor William Spencer into the record stating that the 2014 First Quarterly Supplemental Assessment List was prepared, posted and no hearing would be necessary.

2. Presentation by Mike Ciabattoni of the Lewes Little League regarding their plans for the new field house at

the Little League fields along Front Street.

Mr. Ciabattoni gave a brief presentation regarding the Little League’s plans for the new field house at the Lewes Little League field. They will be renovating to upgrade and enhance the current building. The foot print will remain the same. There will be two ADA rest rooms and the building will be designed to sustain potential flooding. There will be replacement of the lights and poles in the field, reducing the number down to four poles. Fundraising efforts will be through purchasing bricks to be placed within the Little League Park. They are planning to begin improvements in fall 2014. Councilperson Osler questioned the height of the renovated building versus the current height. Mr. Ciabattoni stated the new building will be 8 feet higher than the current building. Councilperson Osler questioned how they could reduce the number of lights from eight to four. Mr. Ciabattoni stated the current lights are 20-years old. The new lights will be a stadium fixture that will focus the light on the field, reducing ambient light. The reduction in light poles will give them an additional two parking spaces. Kim Avysian, Pilottown Road, stated she supports the Little League. She is asking consideration of the sign banners tied along the fence. During storms with high winds, they can be a hazard to the surrounding buildings. Dave Ennis, Harborview Road, stated he supports the Little League and feels it is a great piece of Americana.

3. Presentation & consideration of a Recommendation from the Traffic Safety Management Advisory Committee for the placement of a handicapped parking space in front of 331 Mulberry Street.

Deputy Mayor Beaufait read the recommendation into the record as follows:

It is the recommendation of the Traffic Safety Management Advisory Committee to approve a request for the installation of a handicapped parking space in front of the residence located at 331 Mulberry Street. The space is to be defined with blue lines on the street and a sign posting it as a handicap parking space. The approval is to be good for one (1) year and can be renewed each year, as needed by Ms. Hamill, by written request. The location of the parking space should be such as to minimize the impact on general parking on Mulberry Street.

This parking space would not be specifically for Ms. Hamill, but when available, she can use it. They do not recommend it be designated for her use only. The city has done this before for residents that were in need.

ACTION: Deputy Mayor Beaufait made a motion to approve the recommendation as presented, seconded by

Councilperson Reardon, all voting in favor, motion carried. 4. Presentation & consideration of awarding the bid for a Tractor for the Street Maintenance Department.

City Manager Eckrich presented the bids received at the May 12, 2014 bid opening. During the budget process, Council approved $80,000 for this purchase. Three bids were received and it is his recommendation to award to the low bid, Best Equipment at $54,324.00.

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ACTION: Councilperson Osler made a motion to approve awarding the bid to Best Equipment, the lowest responsible

bid, at $54,324.00, seconded by Councilperson Morgan, all voting in favor, motion carried. 5. Presentation & consideration of a recommendation from the Capital Improvement Committee for the

prioritization of Capital Projects for FY 2015

Mayor Becker explained that during the budget process a lump sum was approved for Capital Projects. The Capital Improvement Committee met and forwarded a recommendation for Council consideration on the prioritization of Capital Projects in FY 2015. City Manager Eckrich read the recommendation into the record as follows:

DeVries Circle drainage

Smith Avenue parking

Schley Avenue parking lot

Bay View drainage

Anglers Road

15,000 5,000

30,000 100,000 100,000 250,000

TOTAL

Sussex Drive

Beach Plum

Bay Breeze

105,000 - HOLD - HOLD - HOLD

Nina Cannata, W Fourth Street, asked if there is a plan to replace the Smith Avenue port-a-potty with something more permanent. Mayor Becker stated this is the first time Council has had this request and could be looked into. City Manager Eckrich stated they have extended the bathroom season on the beaches, depending on the weather. The bathrooms open Memorial Day and they try to keep them open through October. This year there were port-a-potties starting April 1

st.

ACTION: Deputy Mayor Beaufait made a motion to approve the recommendation as presented, seconded by

Councilperson Osler, all voting in favor, motion carried. 6. Presentation & consideration of a recommendation by the Parks & Recreation Commission for the installation

of a “Fallen Heroes” memorial plaque with a memorial garden in front of City Hall. (This is an Eagle Scout project)

Collin Sullivan and his father were present to report on Collin’s Eagle Scout project. The requested site for the “Fallen Heroes” 16” x 20” memorial plaque and garden will be at the front of Lewes City Hall. The project has been endorsed by the Lewes Parks & Recreation Commission. Bed construction will include top soil, plants & mulch. Collin will maintain the garden until 2017 when he goes to college. The dedication date will be November 11

th, Veteran’s Day.

Supporting groups are Delaware Commission of Veteran’s Affairs and the Cape Henlopen Elks. ACTION: Deputy Mayor Beaufait made a motion to approve the recommendation as presented, seconded by

Councilperson Reardon, all voting in favor, motion carried. 7. Presentation & consideration of a recommendation by the Parks & Recreation Commission for the installation

of a memorial plaque in Zwaanendael Park in honor of Lewes Police Officer Charles Wilson Futcher.

Mayor Becker explained that Officer Futcher was a Lewes Police officer that accidentally died in the line of duty. His granddaughter, June Rose Futcher was present to explain the request. Hazel Brittingham, Hal Godwin & Representative Steve Smyk were also present in support of Ms. Futcher’s request. Ms. Futcher explained her grandfather, Charles Futcher, was a patrolman with the City of Lewes for approximately 10 years and has been recognized as a line of duty death in August 1939. The Lewes Parks & Recreation Commission endorses the request and recommends the installation of a 16” x 20” memorial plaque in Zwaanendael Park to honor the late Charles Wilson Futcher. The Delaware Fraternal Order of Police has made a financial commitment to the plaque. They are proposing a ceremony with city and state officials, community leaders, state and local police, and the public.

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Mayor Becker stated Council will be acting on the placement of the plaque; the ceremony will be addressed at a future date. The proposed location of the plaque is on the Savannah Road side of Zwaanendael Park, off the main sidewalk and at the beginning of the brick walkway. ACTION: Councilperson Reardon made a motion to endorse the installation of the memorial plaque to honor the

late Charles Futcher who died August 1939 as an officer in the Lewes Police Department, to be located in Zwaanendael Park as presented, seconded by Councilperson Morgan, all voting in favor, motion carried.

8. Presentation & consideration of a recommendation by Parks & Recreation Commission for a preliminary plan from Rodney Robinson for the 1812 Park Restoration Project

Carol Richardson, Chairperson, PRC gave a presentation on the proposed project. This project will be funded by an anonymous donor. Rodney Robinson is the Landscape Architect. Ms. Richardson explained the project will be completed in phases over a two year period. Mr. Robinson presented a preliminary proposal to the Parks & Recreation Commission at their April 21

st meeting, which was unanimously approved to forward to Mayor & City

Council. The focus of the project will be three areas: creating maximum visibility of the 1812 Monument, the cannons and the water. The goals are to leave some of the existing elements, move some and add a few new elements to make the park more inviting; raise awareness of its historical significance and improve the view of the water. Phase I will focus on the upper level. It is proposed to remove the boxwood shrubs around the 1812 Monument and move the monument towards Front Street for higher visibility. There will also be inlayed wet set brick to match the existing brick on the other side and then carry the brick around with a dry set brick walkway on the lower level to connect the walkways throughout the park. There will be a brick pad for a bench on the upper level on the left hand side and two brick pads on the lower level for benches. There will be sod replacement on the upper level. They are hoping to start work sometime in June. The 1812 Monument was installed June 3, 1914 to commemorate the bombardment of Lewes during the War of 1812 by the National Society of the Daughters of the War of 1812. If given permission to move the monument forward, they would like to have a rededication of the monument to celebrate the 100

th year anniversary.

Phase II will include determining a location for a new trash can, a new fence along the water with a nautical theme, and relocation of the bike rack. There has been discussion regarding the replacement of the existing cement sidewalk with brick, adding raised flower beds, additional trees and the installation of light posts. At a later time they will address the slope going up to the Savannah Road Bridge. The project will be funded by the contributor, but the entire project will be in collaboration with the City of Lewes, the Parks & Recreation Commission & PRC Commissioner Warren Golde for 1812 Park, Lewes Historical Society and the Delaware Division of Historical & Cultural Affairs. There will be issues that may require further consideration by Mayor & City Council. Mr. Golde stated he is definitely in favor of this project. The majority of the proposed plantings are with native plants and the irrigation system will be addressed in Phase I. The City will be responsible for the maintenance of the park but does not feel it will add a significant expense to the park’s budget. Mike Tyler, Chairperson, Bicycle & Pedestrian Advisory Committee, stated he has spoken with Mr. Golde about moving the bike rack and feels it would be a good idea. He suggested taking a rain garden approach to catch water for the garden.

ACTION: Councilperson Reardon made a motion to endorse the preliminary plan for the restoration of the 1812 Park as presented. Councilperson Osler, all voting in favor, motion carried.

Mayor Becker extended a thank you to the anonymous donor for this worthwhile project.

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9. Presentation & consideration of a request from the Cape Henlopen School District for the renewal of a

Conditional Use Agreement for the placement of one (1) modular classroom at Richard Shields Elementary School for the period May 14, 2014 through May 15, 2015.

ACTION: Councilperson Reardon made a motion to approve the renewal of the Conditional Use as presented,

seconded by Councilperson Osler, all voting in favor, motion carried. 10. Presentation & consideration of a request from the Cape Henlopen School District the renewal of a

Conditional Use Agreement for the placement of two (2) modular classrooms at Richard Shields Elementary School for the period June 12, 2014 through June 13, 2015.

ACTION: Deputy Mayor Beaufait made a motion to approve the renewal of the Conditional Use as presented, seconded

by Councilperson Reardon, all voting in favor, motion carried.

K. ADJOURNMENT:

There being no further business before Council, the meeting adjourned at 8:50pm.

Submitted by, Alice M. Erickson, Recording Secretary Mayor & City Council