M&C Regular Meeting March 15, 2013 and Workshop Meeting April 8, 2013

From: Joanne Hess Sent: Thursday, April 18, 2013 8:17 PM To: Friends of Rehoboth Beach Subject: Agenda for Rehoboth Beach April 19 Commissioners' Meeting and other reports The Mayor and Commissioners will hold a regular meeting on Friday, March 19, at 7:00 pm in the Commissioners' Room, City Hall. The following items will be discussed and/or voted upon as appropriate: •Reports of Police, Rehoboth Beach Volunteer Fire Company, Building and Licensing and Planning Commission. •Permit of Compliance request by Steven Rhone of Modern Mixture LLC to operate a restaurant known as "Modern Notes" to be located at 62-A Rehoboth Avenue. •Consider Adoption of a revised Freedom of Information Act for the City. •Consider Adoption of an ordinance to add a new chapter 55 to the City Code related to setting the fees for printing copies of City records requested under the Freedom of Information Act. •Report and discuss the household hazardous waste collection in Delaware and Rehoboth Beach. Commissioner Mills •Consider authorizing the Mayor to request the State Legislature to enact a proposed charter change that would rewrite Section 22A of the Rehoboth Beach Charter which seeks to create and regulate the City offices of Alderman and assistant alderman to bring this section into compliance with the desires of the State. •City Manager and Street aid Expenditures reports •Communications Report (Commissioner Mills) status and facilitating home page news and supporting documents online •City Solicitors Report •Commissioners announcements/Comments •Discussion of items to include in future agendas •Citizens Comments ___________________________________________________________________ Mayor & Commissioners’ Regular Meeting March 15, 2013 All commissioners were present. Among other issues, the following issues were discussed and actions taken: Public Hearing and Action on a 10-foot no-build buffer around the City’s lakes The Mayor and Commissioners held an advertised public hearing regarding the creation of a 10-foot no-build buffer area around the City’s lakes. Commissioner Zellers acknowledged discussion of a conflict of interest, created by the fact that she and her husband own property that borders Silver Lake, and recused herself from the discussion. Correspondence was read, including a letter from Marti Cochran supporting the proposed buffer, and asking for clarification regarding the treatment of existing structures; a letter from Guy Martin supporting the proposed buffer and site plan review, and stating that 10 feet should be a minimum; and a letter from Kay and Herb Cottage LLC, objecting to the buffer. Bunky Markert and David Mellen, members of the Planning Commission, reviewed the public process they conducted to arrive at their recommendation for the no-build area. There were several comments and questions from citizens both in support and in opposition of the buffer area, and several commented that the 10-foot buffer would do little to ensure the health of the Lake but would add to the enjoyment and views of the Lake. (Specific comments may be heard on the City audio recording of the meeting, available on the City website.) Sallie Forman spoke on behalf of the Save Our Lakes Alliance, stating that SOLA has always supported a 15-foot setback, and that SOLA’s position on site plan review was misconstrued and SOLA does not object to it. A roll call vote was taken, with statements including commissioners’ reasons for their votes, and the motion to adopt the buffer zone was passed unanimously, with Commissioner Zellers recusing herself. Scooter Parking Plan Extensive discussion of a scooter parking plan for the City was held, with Commissioner Coluzzi reviewing the map of parking areas, and a discussion of the draft ordinance discussed led by Solicitor Glenn Mandalas. The discussion included the definition of “motor scooter”, and parking rules and fees. There was a great deal of citizen comment about where scooters should park, permit fees, enforcement of laws prohibiting parking and riding scooters on sidewalks and other aspects of the plan. There was general agreement about the plan, but several comments objected to specific details of the plan. Commissioner Sargent moved adoption of a plan creating designated scooter parking areas, requiring permits to park in them and in existing permit areas in residential areas of the city, creating a $40.00 permit fee, and other requirements. The motion passed with Commissioners Coluzzi, Sargent, Gossett, Hunker, Zellers, and Mayor Cooper voting yes and Commissioner Mills voting no. The City will work with their own staff, the Chamber of Commerce, Main Street, the media and other entities to publicize the new parking plan in time for the upcoming season. Certificate of Compliance A certificate of compliance for Semra's restaurant at 19 Rehoboth Avenue, allowing them to add alcohol to menu was unanimously approved. Adoption of FOIA policy - referred back to workshop Adoption of budget The Mayor and Commissioners unanimously adopted the City Budget for FY April 1, 2013 - March 31, 2014. The balanced budget does not include any increases in rates for any city services. The Budget will be posted to the City website. Mayor & Commissioners Workshop Meeting April 8, 2013 The Mayor and Commissioners met at a Workshop meeting on April 8, 2013. Commissioners Coluzzi and Sargent were not in attendance. FOIA policy City Solicitor Glenn Mandalas introduced a discussion of a draft ordinance which would contain measures that the City needs to take to ensure compliance with State law regarding the Freedom of Information Act. Issues include fees for copying records and for electronic media, the need for clarification of the rules, and better definitions of what can be requested and how FOIA requests will be filled. Edits and changes to the draft are to be worked on by Glenn Mandalas and City Secretary Ann Womack. Alderman’s Court The Commissioners discussed potential charter changes regarding the Alderman Court. Such a court is not required by State law, and in fact, few cities in DE have an Alderman's Court. Concerns regarding other communities have driven state courts to look into the operation of Aldermen’s Courts. Mayor Cooper announced that the current Alderman has resigned, but will stay in office until a new Alderman can be selected, if the City chooses to continue the Court. The State has said they will not confirm a new Alderman until these charter changes are made. Charter changes must be filed and approved by the state legislature. Draft charter changes will be brought up at the next regular commissioners meeting, April 19, 2013. City Manager’s Report · The geotechnical study for a potential water taxi will be completed by end of May or sooner. The City has received a State grant for 50 percent of the cost. · Construction has begun on the Garden of the Navigators. · The City Employees Committee met on March 4, led by Commissioner Gossett and City Manager Ferrese. · Newsletter to be sent by first week in May or sooner · The Army Corps of Engineers has begun work on the Stormwater outfall project. (NOTE: this is NOT the wastewater outfall project which is being planned for the City.) Work is to be completed by Memorial Day. _____________________________________________________________________________________ For continuing information about Rehoboth Beach and its neighbors, please visit the SOC website: www.saveourcityrehoboth.org