M AYOR & C ITY C OUNCIL
M AY 21, 2012
R EGULAR M EETING M INUTES
The Mayor & City Council met on Monday, May 21, 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, Fred Beaufait & Bonnie Osler. 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.
D. REORGANIZATION OF COUNCIL:
1. Presentation of Certificate of Election : City Manager Paul Eckrich read the 2012 Certificate of Election into the record.
ACTION: Councilperson Beaufait made a motion to accept, seconded by Deputy Mayor Becker, all voting in favor, motion carried.
2. Swearing in of Elected Officials: Mayor James L. Ford III & Councilpersons Ted Becker & Bonnie Osler
City Manager Eckrich swore in Mayor James Ford and Councilpersons Ted Becker and Bonnie Osler.
C. ANNOUNCEMENTS, ADDITIONS AND/OR DELETIONS TO THE AGENDA:

Mayor Ford thanked all the candidates for participating in the recent election and their willingness to serve. He is reaching out to all the candidates to serve on a city commission.

Mayor Ford thanked everyone that participated in the food drive. Almost 1-ton of food was collected.
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Deputy Mayor Becker reported that the Bay Avenue Rehabilitation project is moving forward. They have received positive response from the community on Bay Avenue.

Mike Tyler, Chairperson, Lewes Bicycle & Pedestrian Advisory Committee , announced that the League of
American Bicyclists has awarded Lewes a bronze level award, naming Lewes as a Certified Bicycle Friendly
Community. This has been a difficult 2-year application process and is the first step in moving up. Mr. Tyler read the letter of designation into the record. Lewes is the second city in Delaware to be awarded this designation. Mr. Tyler presented the plaque to Mayor Ford, stating it will be displayed at City Hall. Also there are two signs designating Lewes as a bicycle friendly community to be posted within the city. Jeff Sunstrum, read a letter from DelDOT Secretary Bhatt, congratulating Lewes on their designation. Mayor Ford thanked
Mr. Tyler and the LBPAC for all their hard work in obtaining this designation.

Additions and/or Deletions: Delete Agenda Item I-4: request was withdrawn by the Chamber of Commerce and several agenda items will be moved.
D. REORGANIZATION OF COUNCIL- Continued:
3. The Mayor, with the majority consent of all Councilpersons, made the following appointments, with new appointments indicated in bold: a) Deputy Mayor- b) Secretary- c) Assistant Secretary- d) Treasurer-
Ted Becker
Fred Beaufait
Alice Erickson
Ted Becker e) City Solicitor- f) City Assessor- g) City Auditor-
Baird Mandalas, LLC
William E. Spencer
Sombar & Company, CPAs h) Acting City Manager- Ellen Lorraine McCabe i) Code Enforcement Officer- Henry Baynum, Jr. & Edward Gilpin j) Board of Health- Dr. James Marvel, Anne Moore, Mary Perez, & Tecola McClain k) Ex-Officio Member to the Lewes Planning Commission- Victor Letonoff l) Ex-Officio Member to the Lewes Planning Commission from the BPW- Candace Vessella m) Ex-Officio Member to the Historic Preservation Commission- Ted Becker n) Ex-Officio Member to the Commercial Architectural Review Commission- Fred Beaufait
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o) Ex-Officio Member to the Parks & Recreation Commission- p) Ex-Officio Member to the Mitigation Planning Committee- q) Ex-Officio Member to the Scenic & Historic Byways Committee-
Fred Beaufait
Victor Letonoff
Bonnie Osler
ACTION: Deputy Mayor Becker made a motion to approve the appointments as presented, seconded by
Councilperson Beaufait, all voting in favor, motion carried.
E. APPOINTMENTS:
1. Appointment of a member of Council to the Canalfront Park Marina Committee : Mayor Ford stated that
Deputy Mayor Becker is the chairperson of this committee and another member of Council is not needed.
2. Appointment of a member of Council as liaison to the Lewes Library Board : Mayor James Ford
3. Appointment of a member of Council as liaison to the Sussex County Council : Bonnie Osler
ACTION: Deputy Mayor Becker made a motion to approve the appointments as presented, seconded by
Councilperson Beaufait, all voting in favor, motion carried.
I. NEW BUSINESS:
15. Presentation & consideration of the appointment of three (3) members to the Planning Commission to fill the expired terms of Kay Carnahan, Jody Ware and John Zechiel.
Mayor Ford recommended the reappointment of Kay Carnahan and the new appointment of Dennis Reardon and
Barbara Vaughan.
ACTION: Deputy Mayor Becker made a motion to approve the appointments as presented, seconded by Councilperson
Letonoff, all voting in favor, motion carried.
Mayor Ford thanked Jody Ware and John Zechiel for their service on the Lewes Planning Commission. He clarified that all other commission appointments remain at status quo.
2. Presentation of service awards by the Jefferson Awards for Public Service
Mayor Ford presented Jefferson Awards to the following individuals/groups and read a short biography for each recipient:

McKenzie Betts

Cape Henlopen High School Students in Action Team

The Cape Henlopen High School Green Club

Cape Henlopen High School JROTC
Mayor Ford thanked the Jefferson Awards and the Cape Henlopen High School for partnering with the City of
Lewes. Everyone benefited from this relationship and hopes to do it again next year.
F. MINUTES:
1. Presentation & consideration towards the Mayor & City Council regular meeting minutes of April 9, 2012.
ACTION: Councilperson Beaufait made a motion to approve the minutes as presented, seconded by Deputy Mayor
Becker, all voting in favor, motion carried.
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2. Presentation of the Board of Public Works regular meeting minutes of March 28, 2012 and special meeting minutes of April 12, 2012.
ACTION: Councilperson Beaufait made a motion to approve the minutes as presented, seconded by Deputy Mayor
Becker, all voting in favor, motion carried.
G. 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 approve the report as presented, seconded by Councilperson
Letonoff, all voting in favor, motion carried.
2. Police Department Activity Report & Neighborhood Watch Update: Chief Horvath gave the May 2012 Police
Activity Report.
ACTION: The report was accepted by common consensus.
3. Fire Department Activity Report: Mayor Ford gave the May 2012 Fire Department Activity Report.
H. UNFINISHED BUSINESS: There was no unfinished business
I. NEW BUSINESS - Continued:
1. Presentation of a Proclamation proclaiming May 27 – June 2, 2012 as Hurricane Preparedness Week within the
City of Lewes.
Mayor Ford read the proclamation into the record
3. Presentation of the Certification by the City Assessor that all owners of property placed on the 2012 First
Supplemental Assessment List have been notified and, if necessary, schedule a date & time for a hearing.
Deputy Mayor Becker read a memo from City Tax Assessor William Spencer stating all property owners had been notified and it was not necessary for the scheduling of an appeal hearing on the 2012 First Supplemental Assessment.
2. DELETED: Presentation & consideration of a request by the Lewes Chamber of Commerce for the holding of the Italian Street Festival on Friday September 7 & Saturday September 8, 2012 and the closing of Second
Street from 9am Friday until 9pm Saturday.
Request was withdrawn by the applicant.
3. Presentation & consideration for the setting of a public hearing regarding amendments to City of Lewes Code
Chapter 197 Zoning.
City Solicitor Mandalas read the Resolution into the record. Mayor Ford would like to set the public hearing with a special meeting held directly after to address this issue. If there are any items that need additional discussion, they can be pulled out and dealt with separately.
ACTION: Deputy Mayor Becker made a motion to hold a public hearing regarding amendments to Chapter 197 Zoning, on Wednesday, June 13, 2012 at 7:00pm in Council Chambers, seconded by Councilperson Beaufait, all voting in favor, motion carried.
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4. Presentation & consideration of a recommendation from the Parks & Recreation Commission regarding the standardization of park signs
Deputy Mayor Becker made comments on the recommendation as follows:

The size and shape should be appropriate to each park,
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Colors should be similar to those used for the George HP Smith Park sign,
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Materials should be durable and long lasting,

Poles should be like those currently used for the Historic District, Welcome to Lewes and No Smoking signs,

A budget to maintain signs will be needed, with possible lighting of signage in the future, to include the Welcome to
Lewes signs. This will require the recommendation to go to the Finance Committee budgeting and the BPW regarding lighting.

The design and production features should be submitted to the entire Commission for their concurrence.
There was concern by the committee about sign pollution with too many different signs and this is an attempt to bring some continuity to the process.
Mayor Ford requested clarification on the intent of these recommendations. He understands it to be a non-binding document. There could be opportunities for contributions to City in reference to signage and wants the City to have the opportunity to explore these kinds of options. He is not sure of the standardization of color and design. Each park has its own personality. There needs to be flexibility to address all opportunities for signage.
Deputy Mayor Becker agreed, stating they all shared these concerns. Each sign could reflect the personality of each individual park but would have some continuity. These recommendations are only guidelines and not rules to be followed. Providing guidelines to a potential donor can help to direct their thought process in what a sign should look like.
Councilperson Letonoff stated that the overseer of each park should have a say on what each sign should look like.
ACTION: Deputy Mayor Becker made a motion to accept the concept design of the standardization of park signs as presented, seconded by Councilperson Letonoff, all voting in favor, motion carried.
Mayor Ford thanked the Ad-Hoc Sign Committee for their efforts.
5. Presentation & consideration of a request by Vincent Walsh for the renewal and extension of a 10-year lease on property lying between 358 Pilottown Road and the Lewes-Rehoboth Canal, commencing October 9, 2013 to October 8, 2023, with an extension until September 8, 2025.
City Solicitor Mandalas reviewed the indenture. This is the final canalfront 10-year lease to be renewed and extended to comply with the termination date of September 8, 2025.
ACTION: Councilperson Beaufait made a motion to approve the lease as presented, seconded by Deputy Mayor
Becker, all voting in favor, motion carried.
6. Presentation & consideration of the tax exempt status of purchased property owned by Groome Church.
Mayor Ford read a letter from Charles Sheppard, Chairman, Board of Trustees of Groome Church, requesting a tax exempt status on property owned by Groome Church located along Kings Highway, Sussex County Tax Map 3-35-
8.11-124 & 3-35-8.11-125.
City Solicitor Mandalas stated they already have tax exempt status on the property where the church is located and the granting of this request would be in compliance with the City Code.
ACTION: Deputy Mayor Becker made a motion to approve the request as presented, seconded by Councilperson
Beaufait, all voting in favor, motion carried.
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7. Presentation & consideration of a request by Beebe Medical Center for the renewal of a Conditional Use
Agreement for property located at 406 Market Street, (SCTM 3-35-8.07-136) for 1 st floor office space for Beebe
Trauma Center and a 2 nd floor residential apartment from June 8, 2012 through June 7, 2013.
8. Presentation & consideration of a request by Beebe Medical Center for the renewal of a Conditional Use
Agreement for property located at 410 Market Street (SCTM 3-35-8.07-137) for office space from June 7, 2012 through June 6, 2013.
9. Presentation & consideration of a request by Beebe Medical Center for the renewal of a Conditional Use
Agreement for property located at 902 Savannah Road (SCTM 3-35-8.11-033.00) for office space for the Beebe
Foundation for fund raising activities from September 12, 2012 through September 11, 2013.
Mayor Ford requested addressing agenda items I-8, I-9 & I-10 together and read the request into the record. City
Manager Eckrich stated there have been no problems with these conditional uses.
ACTION: Councilperson Beaufait made a motion to approve the Conditional Use Agreements as presented, seconded by Council Letonoff, all voting in favor, motion carried.
10. 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, 2012 through May 15, 2013.
11. 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, 2012 through June 13, 2013.
Mayor Ford requested addressing agenda items I-11 & I-12 together and read the request into the record. City
Manager Eckrich stated there have been no problems with these conditional uses.
ACTION: Deputy Mayor Becker made a motion to approve the Conditional Use Agreements as presented, seconded by
Council Beaufait, all voting in favor, motion carried.
12. Presentation & consideration of Lewes Planning Commission Recommendation 537 for approval of a minor subdivision of land owned by Tom King, located at 117 Schley Avenue, into two (2) lots.
Mayor Ford read LPC Recommendation 537 into the record. Deputy Mayor Becker stated this was considered by the amendment to the Zoning Code.
ACTION: Deputy Mayor Becker made a motion to approve LPC Recommendation 537 for a minor subdivision as presented, seconded by Council Beaufait, all voting in favor, motion carried.
Mayor Ford called for any additional comments:
David Ennis, 50 Harborview Road , gave a statement regarding an open space issue off of New Road and the 2012
Bond Bill. A year ago was a presentation by Mr. Ralph Reeb of DelDOT regarding the status of the connector road off of New Road. One option proposed was to close the connector road during the winter season. Citizens Advocating a
Livable Lewes (CALL) circulated a petition strongly against any idea of closing the connector road at any time. They also suggested in the petition the establishment of a working group that would permit citizen participation with the interested parties regarding the connector road. This petition was forwarded to Mr. Reeb and they were told he would take it under advisement. This was approximately one year ago. There has been recent communication with Mr. Reeb regarding this issue. In June 2010 the State of Delaware Bond Bill had a last minute insertion giving authorization to the Secretary of DNREC to sell, swap or exchange some of this open space land. The addition had not been publicly discussed prior to the insertion. Members of CALL went before the Bond Committee and strongly encouraged them to not reinsert that language in the 2012 Bond Bill but they did. It is his understanding the Mayor Ford received last minute communication through Rep. Briggs King. It is his understanding that the Mayor has communicated his concern and that he does not support this insertion. CALL would like to go on record asking City Council to take a proactive stand, letting the members of DelDOT, DNREC and the University of Delaware know that it is not in the best
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interest of the City of Lewes to reinsert in the Bond Bill language similar to the past years. It is his understanding the language was inserted the first time due to a possible urgent need to act on a transaction. After two years, it is not an urgent need and any action for selling or swapping of this land should go to the Open Space Council as per the state law. CALL would like to encourage City Council to communicate to the agency members and the co-chairs of the
Bond Committee that it is in the best interest of the City of Lewes that this issue be allowed to move forward through the proper channels, first through the Open Space Council and then through the General Assembly.
Mayor Ford thanked Mr. Ennis for his comments.
E XECUTIVE S ESSION
– Potential Litigation, Personnel & Contract Negotiations J.
ACTION: Councilperson Beaufait made a motion to go into Executive Session at 8:14pm, after a short break, seconded by Deputy Mayor Becker, all voting in favor, motion carried.
K. C ONSIDERATION AND / OR ACTION ON MATTERS DISCUSSED IN E XECUTIVE S ESSION
Return to open session at 9:07pm.
ACTION: Councilperson Beaufait made a motion to approve the Executive Session minutes from January 17, 2012,
February 16, 2012, March 5, 2012, March 12, 2012 and April 12, 2012 as written, seconded by Deputy
Mayor Becker, all voting in favor, motion carried.
L. A DJOURNMENT
There being no further business before Mayor & City Council, the meeting adjourned at 9:10pm pm by common consensus.
Submitted by,
Alice M. Erickson
Recording Secretary
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