Tony's Bethany Beach Newsletter
May 19, 2008

Our Town Council met on Friday, May 16^th for our monthly meeting. 

Generally proposed new ordinances are developed by the Charter and Ordinance Review Committee, Planning Commission or Town Council.  The information is then reviewed by the Town Attorney, who will create a semi-final document (including a synopsis), which is read for the first time during one of our monthly Town Council meetings.  The proposed ordinance may or may not be discussed subsequent to the first reading.  Most often, the proposed ordinance is read a second time during the next Town Council meeting, discussed and voted on. 

During the May meeting, the second reading of An Ordinance to Repeal Chapter 125 “Open Fires” of the Bethany Beach Town Code to Replace it with a New Chapter 125 “Open Fires, Outdoor Cooking & Recreational Fires” was read, discussed and passed.

Synopsis

This ordinance amends the Town Code by repealing Chapter 125 “Open Fires” and establishing a new Chapter 125 “Open Fires, Outdoors Cooking and Recreational Fires.”  The new Chapter 125 establishes parameters and guidelines for permitted and restricted use of fire for open burning, cooking outdoors and fires associated with recreational activity.   

The Town Council has been involved for over three years in discussion of a conceptual design of Garfield Parkway as a template for possible future construction.  A couple of the proposed enhancements include:  removal of utility poles in the 100 block and a small width extension to the south side sidewalk.  With the removal of poles we could better accommodate the pedestrian flow.  Council contracted JMT Engineering and they have provided a number of possibilities all of which have been presented during public hearings and Town Council meetings.  Friday evening Town Council voted to accept the latest plan and we are now in a position to work with the Delaware Department of Transportation (DelDot) as they will be involved based on their ownership of the street and sidewalk.  More information on this project will be available in the future.

The date and time of our upcoming Town Council election was set as Saturday, September 6, 2008 from noon to 6 p.m.  Anyone interested in running as a candidate for the Town Council election must file a written Notice of Intention in the Town Manager's Office at Town Hall no later than 4:00 p.m. on Tuesday, July 22, 2007 (not positive this the correct date). 

Candidates for the Town Council must meet all the following requirements:

1. Be at least twenty-one (21) years of age;
2. Be a U.S. Citizen;
3. Not have been convicted of a felony;
4. Shall have been, for a period of at least one year prior to the date of the election, either: (a) a permanent full-time resident of the Town, or (b) a natural person holding record title to a fee simple or life estate in real property within the Town of Bethany Beach;
5. At the time of filing a notice of intention to seek office, be a duly registered voter under the provisions of the Town Charter (Section 5.2) and Voter Registration Ordinance (Chapter 232 of the Code).  Only natural persons are allowed to vote in Town Elections and only natural persons, who are not identified on the Town's tax records as an owner of real estate in the Town are required to register.  Persons may register in person by mail or at the Town Hall during normal business hours except during the last 30 days before the election.  Contact the Town Hall as instructed in paragraph 6 below;
6. File a written notice of intention to seek office at least forty-five (45) days prior to the date set for the election.  Contact the Town Hall by e-mail at:  admin@townofbethanybeach.com or at (302) 537-3771 to obtain the form. 
    

A first reading of a Charter Amendment was discussed and forwarded to the Town Solicitor for slight modification.  This item will be voted on during our June, 2008 meeting.

(Charter Amendment) An Act to Amend Chapter 65, Volume 295, Laws of Delaware, Entitled “Charter of the Town of Bethany Beach”, Regarding Penalties for Violations of Town Ordinances, to Increase the Maximum Financial Penalty that may be Imposed, to Eliminate Imprisonment as a Potential Sanction, and to Authorize the Town to Impose Civil Penalties as well as Criminal Penalties

Synopsis

This act amends the municipal charter of the Town of Bethany Beach regarding penalties that may be imposed for violations of ordinances of the Town. First, the maximum amount of any penalty that may be imposed for each offense is increased from the present $500 to $1,500 in recognition of the fact that the current “cap” has been in existence for over twenty years and is no longer an appropriate maximum penalty for the more serious violations of Town ordinances. Second, this act specifically authorizes the Town to impose such fines as “civil penalties” rather than “criminal penalties.”

Council approved the contract submitted by Shaefer Pyrotechnics for 4^th of July fireworks (rain date is July 5^th) for the amount of $20,000.

 Council approved the contract submitted by ERM (Ecological Restoration and Management, Inc.) for dune extensions at Ashwood, Maplewood and Oakwood Streets for the amount of $19,695.  These extensions will remove much of the “dip” in the crossover from the parking area to the top of the dune.

This concluded the agenda business items.

From time to time our Town Council holds a public workshop/special meeting during which we discuss in depth various items of interest to our town.  Any decisions considered are then placed on the agenda of a Town Council meeting, where the discussion may lead to a vote for action.  On Monday, May 19^th, we held one of these meetings and discussed the following:

1.      Planning Commission’s recommendation regarding requirements for Planned Residential Developments as well as minor and major subdivisions.  Town Code Section 200-40 General Standards.

Although we have only a couple of plots large enough to allow such development, it is felt we should modify the current Town code to require and or encourage certain considerations prior to development.  We discussed open space requirements, landscaping requirements, street network, access and circulation requirements, parking, lighting and signing.  Further discussion and possible action is expected during an upcoming Town Council meeting.

2.     We did not review section 25-11 of our Town Code regarding the Town Manager description and section 25-12 Town Manager Powers and duties and related sections of the Town Council Protocol Manual as all Council members were not present and we felt all should be involved in this discussion.

3.     We discussed summer (and winter) traffic backups on Route 26 and agreed to contact The Town of Ocean View and the Delaware Transportation Department (DelDOT) to request a meeting of the three groups to begin discussion as to what may be done to alleviate this problem.

4.     We continued our previous discussion of pedestrian and bicycle safety initiatives.  These ideas will be addressed in a future Town Council meeting. 

- Tony -