Smoking On The Beach, Boardwalk, Parks, Playgrounds
 Good News / Bad News depending upon your viewpoint

After a good deal of discussion, suggested amendments, etc. our Town Council voted on February 15, 2008 on the following motion:

Move that Town Council direct our Town Solicitor to draft legislation that will:
1.  Ban smoking at all times on all public children’s playgrounds such as the one located at Garfield Avenue and North Pennsylvania Avenue
2.  Ban smoking at all times in all Town parks such as the: 
     a.  Bethany Beach Nature Center (building and grounds)
     b.  Loop Canal Park
     c.  Town Hall east side park
3.  Ban smoking at all times on the Boardwalk
4.  Ban smoking at all times on the Bandstand
5.  Ban smoking at all times in the swimming, surfing, fishing area of the beach
6.  Ban smoking at all times on the entire beach with the exception of seven or eight smoking areas, the location of which      shall be determined by the Town Manager, each of which shall provide with a smoking product disposal container and trash can and are herein described as:
     a.  A half circle area beginning at the dune fence with a radius of 12’ from the east side of the dune toward the ocean the center of which shall be located a minimum of 100 feet from any beach entrance way
7.  Be in effect as of May 1, 2008 if possible or on June 1, 2008 at the latest
8.  Contain appropriate penalties and fines, the first of which shall be a warning, the second offense shall have a fine of $100 and each subsequent violation shall have a fine of $500

Council Members, who voted for the motion:  Dorfman, McClenny, and Olmstead
Council Members, who voted against the motion:  Healy, Mulligan, and Parsons
Council Member, Steve Wode, did not attend the meeting.
The motion failed due to a tie vote.

Property owners, Doris Rosen and Joan Gordon immediately stood and took our Town Council to task stating they had not been provided with an opportunity to speak prior to the casting of the vote.  Mayor Olmstead apologized and said when she looked across the audience she saw no hands raised and thus called for the vote.  Joan Gordon then requested that Council seek a compromise.  Councilman Parsons then made an alternate motion (only someone voting against a motion can make an alternate, if a vote fails to pass a motion) that reads similar to:

Move that Town Council direct our Town Solicitor to draft legislation that will:

1.  Ban smoking at all times on all public children’s playgrounds such as the one located at Garfield Avenue and North Pennsylvania Avenue
2.  Ban smoking at all times in all Town parks such as the: 
     a.  Bethany Beach Nature Center (building and grounds)
     b.  Loop Canal Park
     c.  Town Hall east side park
3.  Ban smoking at on the Boardwalk from May 15th to September 15th
4.  Ban smoking at all times on the Bandstand Plaza (entire eastern street end of Garfield Parkway)
5.  Ban smoking in the swimming, surfing, fishing area of the beach from May 15th to September 15th
6.  Ban smoking on the entire beach from May 15th to September 15th, with the exception of seven or eight smoking areas, the location of which shall be determined by the Town Manager, each of which shall provide with a smoking product disposal container and trash can and are herein described as:
     a.  A half circle area beginning at the dune fence with a radius of 12’ from the east side of the dune toward the ocean the center of which shall be located a minimum of 100 feet from any beach entrance way
7.  Be in effect as of May 1, 2008 if possible or on June 1, 2008 at the latest
8.  Contain appropriate penalties and fines, the first of which shall be a warning, the second offense shall have a fine of $100 and each subsequent violation shall have a fine of $500

Council Members, who voted for the motion:  Dorfman, Healy, McClenny, Olmstead, and Parsons
Council Members, who voted against the motion:  Mulligan
Council Member, Steve Wode, did not attend the meeting.

The compromise motion passed and the Town Solicitor will prepare the ordinance.

To all who submitted their opinions, wrote letters, sent e-mails, and called your Town Council members - THANK YOU!

Chapter 80 Ordinance Amendment

Possible Boardwalk Expansion

Council directed the Town Manager to submit an application to the Delaware Department of Natural Resources to expand the width of the Boardwalk from 12' to 20'. 

Enhanced Beach Access

Council approved a single-source contract submitted by Ecological Restoration and Management, Inc. for the amount of $36,348 for the creation of new sand/clay crossovers at four street ends compatible with replenishment project and replacement snow fence installation at all oceanfront street ends.