Report on April 4 Commissioners Workshop meeting

The Mayor and all Commissioners except Commissioner McGuiness met at a workshop on April 4. The following items were discussed:

* Draft ordinance to establish smoking restrictions in certain public parks and children’s playgrounds. Commissioner Mills’ draft is based on ordinances used by other cities (Lewes and Bethany), including fines. Commissioner Sargent stated the ordinance as written was unacceptable and would have preferred the State of Delaware to take a position. Commissioner Barbour indicated smoking was not a major problem; he agreed smoking in areas such as parks could be a fire hazard and therefore a safety issue. Mayor Cooper prefers less regulation. Commissioner Zellers supports some regulation of smoking.

The ordinance will be placed on the agenda for the April 15 regular meeting.

* David, Christine and Turner Hastings, owners/operators of the Jolly Trolley, asked the City to prohibit taxis from using the transit stops now designated for the use fixed route operators (Jolly Trolley and DART buses). They also asked the city to enact a “dispatch only” rule for taxi cabs within the City. Taxi cabs are picking up passengers waiting at designated Jolly Trolley and DART stops and creating traffic hazards.

The Hastings claim that taxi drivers soliciting riders at the designated stops is causing a drop off in business for the Trolley service which has operated in Rehoboth and Dewey Beach since 1970. City Solicitor Mandalas urged restraint in making new rules which may interfere with fair trade laws.

The Commissioners expressed sympathy for the Jolly Trolley group and suggested it prepare a recommendation to the City’s Streets and Transportation Committee.

* Discussed proposed ordinance that would amend the definition of sidewalk within the zoning code to permit a walkway leading to a main entry to be up to 7 feet or width of the stairway, at three feet. A resolution will be prepared for a public hearing since the ordinance falls in zoning code.

(Commissioner Mills left the meeting at 10:30 am. Mills did not state why he left the meeting early.) NOTE: The Public Integrity Commission has advised Commissioner Mills to recuse himself from all matters pertaining to the irregular enforcement of the Patio Ordinance last fall and the subsequent arrests. See next item below.

* Discussed expunging arrest records of owners and managers cited for patio violations in September. Commissioner Barbour reported that one person pled guilty and paid the fine and the second has not. Reports of arrests go into state system and cause difficulties in continuing business, credit references and job referrals.

Mayor Cooper asked if a record of the violations existed and asked that such a record be given to the Commissioners. Commissioner Barbour remarked that the City caused the damage to individuals in questionable arrests, and that the City should request the records.

Commissioner Sargent indicated the individuals should request expunging the records, emphasizing that one person had already pled guilty and paid the fine.

Commissioner Coluzzi stated that someone wrongly accused should not have to request expunging of the record. The City was in the wrong in making the arrests and should now do the right thing.

City Solicitor Mandalas will look into rules of expungement and report back to the Commission.

* Commissioner Barbour asked that an Executive Meeting be scheduled for the discussion of a personnel matter and the Mayor agreed to do so.

* City Manager Greg Ferrese reported that a letter will be sent within the next few weeks to City property owners outlining rules for yard waste disposal, and that several candidates for the position of noise enforcement officer had been interviewed, and one applicant will be invited to fill the position pending personal reference checks.

* Commissioner Coluzzi urged citizens to attend the Celebration of Verrazzano Day at noon on Sunday April 17. Guests from Rehoboth’s Sister City, Greve, Italy, will meet Rehoboth Beach officials at the Bandstand and then parade to the Verrazzano Monument on the Boardwalk.

**IMPORTANT NOTICE: THE APRIL 15 MEETING OF THE MAYOR AND COMMISSIONERS WILL BEGIN AT 9:00 AM, NOT 7:00 PM, IN THE COMMISSIONERS’ ROOM, CITY HALL.**