TOWN OF DEWEY BEACH MINUTES OF THE FEBRUARY 27, 2010 TOWN COUNCIL MEETING 1. Opening 10:45 a.m. 2. Pledge to the Flag Mayor Solloway led the Pledge. 3. Moment of Silence Observed 4. Roll Call All Commissioners present except for Commissioner Seitz. The Town Manager and Town Attorney were also present. 5. Minutes of December 12, 2009 and January 9, 2010 Town Meetings Commissioner Hanson moved to table the December 12, 2009 Minutes due to reasons discussed with the Town Manager. The January 9, 2010 Minutes should include the names of the recently deceased Town citizens Michael Duffin, Leon Fruchtman and Sam Wooten; also, Stephanie Przygocki s name is misspelled. Mayor Solloway made a motion to accept the changes to the Minutes and Commissioner Przygocki seconded; the motion carried 4-0. 6. Removal of Item G from Agenda Town Manager Smith explained that Item G was being removed due to the Bids being reviewed by the Infrastructure Committee in a later meeting. Commissioner Hanson made a motion to remove this item from the Agenda and Commissioner Przygocki seconded; the motion carried 4-0. 7. Police Report Chief Mackert gave the Police Report and also commented on donations received toward the purchase of a new police van. He also spoke of a new device that will be added to the police vehicles that allows the officers to run suspects more efficiently. 8. Discuss and Vote on the Final Settlement Agreement of the Former Town Manager Town Attorney Mandalas read the Resolution into the record. Commissioner Hanson made a motion to accept the Resolution as read and Commissioner Przygocki seconded; the motion carried 4-0. 9. Presentation by the Chamber of Commerce and Market Dewey Beach Steve Montgomery and Carol Everhart from the Dewey/Rehoboth Beach Chamber of Commerce discussed their projects and concerns with bringing Radio Disney to the Town and Movies on the Beach and Campfires on the Beach. They also displayed a card containing information on the Town s Rules and Regulations, Town Events and Movies; this card will be distributed to the businesses in town and also to Town Hall.
Page 2 Mr. Montgomery and Ms. Everhart explained what Radio Disney is and what its purpose will be our town. They also unveiled one of two (2) new signs that would serve to inform the public on Events and Rules. Mr. Montgomery then talked about how he and other restaurant owners meet with Chief Mackert to discuss ways to control noise and crowds on Memorial Day Weekend. He also presented the donations from the Winter Gala to Chief Mackert for the Police Department and Lifeguards. 10. Report from Lynam Beach Concession David Lynam went over issues he faced last summer with his beach concession. 11. Announcements Mayor Solloway praised the Town Hall and Alvin Huffman for their work during the recent storms and that he had received complimentary letters as well. 12. Introduction of Town Manager Diana Smith Mayor Solloway went over the hiring process that the Search Committee and Council went through in finding a new Town Manager. Town Manager Smith then talked about her first week here and her affection towards the Town and its staff. She also talked about her ideas and there being transparency in government. 13. Discus and Vote on Authorization of Town Manager to begin drafting Policies/Procedures regarding the adoption of Town Ordinances Town Manager Smith discussed how she will be working with committees and staff on these Policies/Procedures. Commissioner Hanson made a motion to authorize the Town Manager to draft policy/procedures regarding the adoption of Town Ordinances and Commissioner Przygocki seconded; the motion carried 4-0. 14. Discuss and Vote on Extension of Permit for the Starboard for the Running of the Bull Commissioner Przygocki made a motion to approve the extension of permit for the Starboard for the Running of the Bull Event and Commissioner Appelbaum seconded; the motion carried 4-0. 15. Discusss and Vote on Reimbursement to Paul and Margaret Allen for Water Damage to their home on 12/25/09 Town Manager Smith requested that the Town reimburse half the amount being asked of the final total of $197.00. Commissioner Hanson made a motion to reimburse Paul and Margaret Allen $98.50 and Commissioner Appelbaum seconded; the motion carried 4-0. 16. Discuss and Vote on Town Council Meeting and Town Holiday Closure Calendar for 2010 Commissioner Appelbaum suggested staying open on certain holidays during the summer for parking permits sales. Mayor Solloway asked for some flexibility to the calendar for June, July and August on Town Meeting dates.
Page 3 Commissioner Przygocki made a motion to accept the flexible calendar for closures and meetings and Commissioner Hanson seconded; the motion carried 4-0. 17. Discuss Standard Town Operating Policies and Procedures Town Manager Smith talked about how she is working on our Town Policies to make sure everyone knows what our policies are to eliminate any questions in the near future. 18. Discuss and Vote on Approval of Public Forum Dates Regarding Right-of-Way Issue Mayor Solloway suggested March 20 and April 3, 2010 at 10:00 a.m. Anna Legates asked if it was possible to add more information on the Town s Website on this issue. Commissioner Hanson made a motion to accept those two dates for the forums and Commissioner Appelbaum seconded; the motion carried 4-0. 19. Clarification of Right-of-Way Information to Date Commissioner Appelbaum said that the Right-of-Way proposal to curb the public taking town land for private use and clearly indentifying public and private areas. Dale Cooke cleared up what grandfathering meant. Anna Legates stated that she appreciated having the Town Attorney at forums and discussion meetings and that it adds structure to this sensitive issue. 20. Discuss and Vote on the Disbanding of the Town Manager Search Committee Mayor Solloway suggested not disbanding the committee and having the group handle HR issues. Commissioner Przygocki made a motion to disband the Town Manager Search Committee and Commissioner Hanson seconded; the motion carried 4-0. 21. Dewey Beach Readdressing Commissioner Przygocki talked about how certain areas of town are defined and why it is important for them to be in order for emergency purposes. Jim Dedes stated that readdressing is an option and is not required, however it is strongly recommended. David King stated that he wanted to get the Sussex Co Emergency Ops folks to address the P&Z folks to straighten out any and all questions and possibly having forums on the issue. Mayor Solloway mentioned that Town Manager Smith has past experience working with readdressing. 22. How comments are included as on the record in the Official Minutes Town Manager Smith stated she will be developing a Speaker Request Form for those who wish to speak, but are not able, to be included in the official Minutes. 23. Discuss and Possibly Vote on Elimination of Parking Meters and Parking Permits on Mondays, Tuesdays and Wednesdays from 5:00 p.m. 6:00 a.m. Commissioner Hanson asked to table this on behalf of Town Manager Smith so that she could do more research into this issue.
Page 4 24. 2010 Summer Beach Concession Contract Mayor Solloway discussed possible items and methods for ways to increase revenue to David Lynam s concession stands. Commissioners Appelbaum suggested Mr. Lynam make a list of wants that he could provide to Council to either approve or disprove. Anna Legates talked about more events like the Movies on the Beach. Mayor Solloway then stated that he would be looking at other municipalities to compare their beach concession contracts and how the deal with them. 25. Discuss and Possibly Vote on the Webcasting Commitment Town Manager Smith applauded the work of Dick Cleaveland and Ken Lodge with the webcasting. She also requested $2,000 to go into furthering the Webcasting expansion. Commissioner Hanson made a motion to allocate $2,000 towards webcasting as a benefit for the town and Commissioner Przygocki seconded; the motion carried 4-0. 26. Discuss and Possibly Vote on Adding a Community Events Page to the Website Town Manager Smith suggested that, even though we, the town, add a Community Events and Establishments Page to the Website, it would have a disclaimer that it is not affiliated with Town Hall. Commissioner Hanson made a motion to add this page and Commissioner Appelbaum seconded; the motion carried 4-0. 27. Discuss and Possibly Vote on Town FOIA Training Commissioner Appelbaum suggested creating a small manual on FOIA to be given to Committee Members. Commissioner Hanson then suggested that the Town Attorney and Town Manager Smith collaborate on creating a small FOIA Manual. 28. Discuss and Possibly Vote on Committee Members and a Resolution Regarding Same Town Attorney Mandalas presented the Resolution to the proposed members of the Election Committee. Commissioner Przygocki expressed his reservations about having David Kaminsky as a Co-chair on the committee and asked for slight delay in electing members. Commissioner Appelbaum suggested electing the proposed members now and that an open discussion and possible removal of any members to be added to the Agenda at the next Town Meeting. Beverly Corelle discussed her goals and objectives for the committee and reasoning for nominating certain members for consideration. Through past experiences, she made her decision to co-chair the committee in order to fix certain problems. She stated that, once the names were approved, the committee could move forward on certain time-sensitive issues.
Page 5 Commissioner Przygocki praised Beverly Corelle and asked to add two (2) more names to the Resolution after the motion failed. Commissioner Appelbaum made a motion to accept the names offered as new members of the Election Committee and Commissioner Hanson seconded. Commissioner Przygocki and Mayor Solloway objected; the motion died 2-2. Commissioner Przygocki then made a motion to add Shirley Grutkowski, Dale Cooke, Marilyn Andrulis, Joan Claybrook and Gloria Rogers to the Election Committee. Mayor Solloway relinquished the gavel and seconded the vote. Comissioner Hanson and Commissioner Appelbaum then objected and the motion died 2-2. 29. Approval of Resolution for Committee Members Tabled to a later date. 30. Discuss and Possibly Vote on Staff and Election Committee to Research Legislation to move Election Day if there is a conflict Tabled to a later date. 31. Discuss and Vote on Approval of Authorization for Envirotech Environmental Consulting, Inc. for Wetland Delineation, DNREC Wetlands and Subaqueous Lands and Army Corps of Engineers Permitting Regarding the Bayard Avenue Project Commissioner Appelbaum made a motion for Approval of Authorization for Envirotech for wetland delineation, DNREC Wetlands and Subaqueous Lands and Army Corps of Engineers Permitting regarding the Bayard Avenue Project. Commissioner Hanson seconded, the motion carried 4-0. 32. Reports a. Planning & Zoning No comments. b. Infrastructure Chairperson Rick Judge thanked the Council for voting on the Envirotech plan. He then explained the specifics on the status of the Bayard Avenue Project; i.e., the project will be ready in September and be shovel ready in June. He hopes to have the engineering plan ready in March and expects groundbreaking to begin in September, 2010 and be completed in 2010. c. Budget and Finance Commissioner Appelbaum stated that there is a positive turnaround with the Budget and that work is being done to tighten the budgets for 2010. d. Building Official No Comments. e. Town Manager Wanted to thank the Council and Ken Lodge on helping her to transition into the position. f. Town Attorney Welcomed the new Town Manager. 33. Commissioner s Comments a. M. Appelbaum Thanked Ken Lodge and the New Town Manager and apologized to Beverly Corelle for not supporting her decision.
Page 6 b. D. Hanson Commented on the wonderful article in the Cape Gazette about Dick Cleaveland. c. J. Przygocki Thanked the group for taking him into to local government experience. He also thanked Alvin Huffman for his great work during the past winter storms. d. Mayor Solloway Seconded all the accolades and the work of the staff during the storms. He also talked about the Right-of-Way being more of a public safety issue. 34. Public Forum a. Mary Nelson Commented on how the Council needs to handle the property from Bayard Avenue to the bay and who owns it. b. David King Talked about an e-mail program to inform citizens of information and events happening in Town. c. Rick Judge Talked about being able to work with people on their committees and the Council needs to give support in how they handle their individual committees. He also stated that he thought that as chair of a committee, he would be allowed to pick committee members that he felt comfortable working with. d. Mark Allen Talked about doing more beautification in town and also cleaning up trash and graffiti issues. e. Anna Legates Talked about proper noticing for public meetings to people out of town. f. Dick Cleaveland Commented on the e-versions of the Cape Gazette available online for notices of meetings. g. Ellen Danaher Her letter was read aloud regarding issues dealing with the Right-of-way. 35. Date and Time of Next Meeting Saturday, March 13, 2010. Executive Session at 9:00 a.m. and Public Meeting at 10:30 a.m. 36. Adjournment 2:15 p.m. Letters Read into Record To Town Commissioners To be read into the record February 27, 2010 Town Meeting I would like to speak to you about your plan to makes changes in out driveways and right of ways. I urge you to respect the impact these ordinances will have on virtually every property, especially residential properties. The property owners will
bear the brunt of your proposed changes. You speak of being legally empowered to make these changes; and how you will reclaim the land that property owners have been using illegally. Please consider that this rather confrontational, pragmatic approach might not be the best strategy for dealing with this rather delicate issue that involves architectural character, aesthetics, property values and the history of Dewey Beach. Property owners feel very strongly about these issues and are intensely protective of them. We are here because we love Dewey Beach the way it is. Remember the outpouring of sentiment when three commissioners decided a 68-foot hotel would improve, 86% of the people said NO. The people voted for 35 feet. Before moving forward and trying to pass these ordinances, please don t just focus on your own view of the benefits to the town. I urge you to ask: Who will this hurt? And the answer is: many Dewey Beach property owners. Please be sure you understand the path this issue will take because of its importance to everyone. From Ellen Danaher Swedes Street Diana Smith Town Manager March 5, 2010