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Tony's Bethany Beach Newsletter
August 17, 2008

     
  You may vote in person on Saturday, September 6, 2008 at Town Hall from noon to 6:00 p.m.  Bring proper identification (driver's license, government id, etc.)

You may vote using an absentee ballot.  Download and complete an affidavit form and return it to Town Hall, P.O. Box 109, Bethany Beach, DE 19930.  The Town also mailed you the appropriate affidavit absentee ballot request form.  Return a copy of the form following the included instructions.

You may stop in Town Hall Monday through Saturday from 8:00 a.m. until 4:00 p.m.  Complete the absentee affidavit form, obtain and complete your absentee ballot and turn it in while you are there. 


Apparently there has been some confusion about my newsletter.  In order to try to remove confusion, I have added my name (Tony) in the heading.  This newsletter has been and continues to be written by me as an individual resident and property owner in Bethany Beach and is provided as a service to those interested in activities in our Town.  This newsletter has no connection to the government of our Town nor to any homeowner or other group. 

In addition to this newsletter, for approximately eight (8) years, I have also provided a website located at:  www.bethany-beach.net, which is designed to provide information for residents and visitors.  As a part of my website, I provide website hosting for a number of homeowner associations located in Bethany Beach.   As of this time, websites are provided for over seven hundred (700) homes :  Bethany Pines, Bethany West, Sea Villas, and The Canal.  If your homeowner association would like to have free website hosting, please e-mail or call me using the contact information shown at the bottom of this newsletter.

Reminder:  The Bethany Beach Town Council election will be held on September 6, 2008 from noon to 6:00 p.m. in Town Hall.  Please exercise your privilege to vote in person or via absentee ballot.  As the provider of this newsletter, I ask that you support me, Tony McClenny in the election.  Thank you for your consideration of my request.

    

The following information regards the Friday, August 15, 2008 Town Council meeting.

OLD BUSINESS

A. (Second Reading) An Ordinance to Enact a New Chapter 73 "Boats,

Personal Watercraft, and Boat Trailers" to the Town Code of Bethany Beach to Implement Storage, Parking, and Locations of Boats, Personal Watercraft, and Boat Trailers in the Town; Listing Requirements for Storage, Parking and Location of Allowed Boats, Personal Watercraft, and Boat Trailers in the Town; and Providing Specifications for Penalties for Non-Compliance. (McClenny)  Passed

Editorial comment:  I would like to thank those who commented on this issue.  By bringing your concerns and suggestions to us, we Town Council members were able to modify the original proposed ordinance to better accommodate our boat owners and their neighbors. 

Synopsis

This ordinance prohibits parking, storing or locating any boat larger than 8.5 feet by 30 feet that is also taller than 15 feet when measured from the ground. This ordinance also prohibits parking storing or locating any boat, personal watercraft, or boat trailer on any property within the Town unless meeting the requirements of the ordinance. The ordinance outlines the requirements for issuance of a permit and the application procedure. Also included is a penalty provision for violation of the ordinance.
 

B. (Second reading) An Ordinance to Amend Chapter 25-11 (Town Manager Designated Chief Administrative Officer) and Chapter 25-12 (Powers and Duties of Town Manager) (Mulligan)  Passed

Synopsis

The change to 25-11 updates possibly ambiguous wording and confirms the intent that the Town Manager is responsible to the Town Council and that the Mayor shall normally be the primary contact or liaison for the Council. The changes to 25-12 increase the limits on a contract requiring council approval from $10,000 to $25,000 as the prior limit was becoming outdated. The changes clarify that expenses above $10,000 must be approved by, typically, the Mayor or Treasurer, and clean up existing or redundant language in three other paragraphs.

 

C. Consider an Amendment to the Town’s Subdivision Code to Amend the "General Standards" Provision of the "Design Standards" Article of the Subdivision Ordinance Pertaining to All Subdivisions and Planned Residential Developments. (A public hearing on this item was held on July 18, 2008). (McClenny)  Passed

Synopsis

This ordinance amends the Bethany Beach Subdivision Code by deleting the current Section 200-40, General Standards and replacing said article with a new Section 200-40, General Standards. The new Section 200-40 addresses in detail design requirements, and encouraged design elements, for: (1) general design elements, (2) open space, (3) landscaping, (4) streets, (5) on-and off-street parking, and (6) lighting and signage.

 

D. Consider an Amendment to the Town’s Zoning code to Amend "The Bethany Beach Commercial District Guidelines" by Renaming them "The Bethany Beach Non-Residential Design Guidelines" and Making Changes Regarding: (1) the Applicability of the Guidelines, (2) Documentation Required at DRC Review Meetings, (3) the Appointment of DRC Members, (4) Signage on Awnings, (4) Use of Street Level Space in Commercial Districts, (5) Lighting, and (6) Fencing and Screening. (A public hearing on this item was held on July 18, 2008) (McClenny)  Passed

Synopsis

This ordinance amends the Town Zoning Code to by renaming Appendix 4, the "Bethany Beach Commercial Districts Design Guidelines, dated August, 2006 (as the same may from time to time hereafter be amended by the Town Council) "the Bethany Beach Non- Residential Design Guidelines." Other amendments are made to Appendix 4 addressing: (1) the Applicability of the Guidelines, (2) Documentation Required at DRC Review Meetings, (3) the Appointment of DRC Members, (4) Signage on Awnings, (4) Use of Street Level Space in Commercial Districts, (5) Lighting, and (6) Fencing and Screening. (A public hearing on this item was held on July 18, 2008)

 

E. Council Discussion of Updates to Protocol Manual (Mulligan)  Passed

Synopsis

The Protocol Manual is a document approved by council for its use in such areas as the rules and procedures for conducting meetings and for how council members work together. Updates include those to reflect possible changes in ordinances 25-11 and 25-12. The Protocol Manual is available on the Town’s website – www.townofbethanybeach.com


NEW BUSINESS

A. Resolution in Support of Senate Bill 134, An Act Relating to Emergency Ambulance Service in the Bethany Beach Station 70 Fire District. (Olmstead)  Passed

Synopsis

This Act creates a referendum process for the Bethany Beach Fire Company to create and finance an emergency ambulance service that will serve the Bethany Beach Station 70 Fire District. The costs of the ambulance service must represent only the necessary and actual costs of administering and operating the service. If the referendum passes, Sussex County Council will levy and collect annually a special tax on all taxable property in the fire district to help finance the ambulance service. The special tax will be collected along with other county taxes. The Ambulance Service may also acquire money, personal property, and real estate through gift, devise, grant, or purchase, and may collect fees from users of its services.

 

B. Providing information to citizens about pending council ordinance decisions and responding to citizen letters to Council (Mulligan) 

Synopsis

This topic will include a motion to require that a standard one-page overview document be included with other briefing material on any pending ordinance change, so that council and citizens have the opportunity to understand the basic information. The cover sheet gives background information and stated reasoning/facts that the current synopsis style of reporting cannot provide.  Passed

It includes an update to the protocol manual to clarify that the council member sponsor of an agenda item is responsible for ensuring adequate and complete briefing materials are available to the rest of Council and to the public and that the overview sheet should normally be available to citizens in briefing material on the website, by hard copy at Town Hall, and be available in hard copy at council meetings.  Passed as modified

This topic will include a discussion of how council responds to citizen e-mails about pending ordinance or financial decisions, and a possible update to the Protocol Manual (pg 48). This does not include responses to questions about town services that are traditionally answered by town staff.  Discussed - no change in current procedure

 

C. Council Input for Manager on Transition Orientation Briefing scheduled for Sept 17, 2008 (Mulligan)  Discussion only

Synopsis

Council has identified that the Town Manager should coordinate a orientation briefing for incoming council to cover such areas as a calendar about all items that require Council and/or manager action through a given year; an overview of pending issues, programs or projects; and perhaps basic information on the functions and organization of the town staff.

Agenda item is to allow discussion of the manager’s outline for the transition briefing and any input to the manager.

 

D. Resolution to direct Town Manager to obtain design for maintenance and improvements of the Church Neff Property consistent with possible future use as a park and report back to Council (Mulligan)  Passed

Synopsis

Several years ago, the town purchased the property at the NW corner of RT 1 and Rt 26 for future use. On July 25, 2005, the council discussed potential uses and generally was in favor of uses related to park and walking paths. This resolution will be to ask the town manger to obtain conceptual ideas, a list of work that may be done by town staff and to do so within a maximum design cost of $7000. One factor is that any town staff work for filling in low lying areas on the property must be done gradually over several years to retain certain type of trees.

 

E. Input to Budget and Finance Committee to review all currently identified potential capital projects, to identify total estimated cost, sources of funding over 5 years and to review reserve requirements and rationale, (Dorfman)  Passed - Intent to discuss further in a Town Council workshop in the fall

Synopsis

The Budget and Finance Committee has identified that they will begin to take up these topics, perhaps as early as August. This topic allows input from Council.

 

F. Update of Protocol Manual related to Conflict of Interest and Ethics Guidelines (Mulligan)  Comments only by Mr. Mulligan

Synopsis

Topic allows a discussion and possible update of page 47- Council member participation in Community activities and page 45-- Ethics guidelines

 

G. Agenda and Ground rules for Sept 17 Council Reorganization Meeting and provision for council appointment of member if not enough candidates file to fill all vacant seats in a future election.  (Mulligan)  Council voted to use the same format as last year

Synopsis

In Aug 2007, the Council approved an agenda and ground rules for the 2007 council reorganization meeting as well as or provisions if there is a mid term vacancy on council.

This topic confirms the 2007 approval for the 2008 council reorganization meeting and clarifies the appointment process applies to an instance of not enough having enough candidates

 

H. Consider Contract from Partners in Recognition for the Purchase of a Memorial Wall for Town Hall for the amount of $21,140.26 (Olmstead)  Removed from agenda - discussion will be held during a future meeting

Synopsis

Contract will allow the Construction of a 5 ft. x 14 ft. long commemorative display at the entrance to the Bethany Beach Town Hall honoring the service of all previous Town Council’s from 1923 to the present. In addition, a portion of the display will contain an informative listing of current Council members to be updated annually.

 

I. Motion to Amend the current year’s budget, increasing the capital budget by $26,000 for design, purchase and installation of a memorial wall in the lobby of Town Hall. $19,067.77 of this amount will be funded from accumulated revenue of the Cultural & Historic Affairs Committee from the past several years. The remaining amount, currently estimated at $6,172.49, will be funded out of the Town’s current year general revenues. (Olmstead)  Removed from agenda - discussion will be held during a future meeting
 

If you do not wish to receive future e-mail of this nature, simply respond to this message with a “please remove” and I will remove your address from my mailing list. 

- Tony -

 

 

 

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