Newsletter 01-16-2009

OPENING OF REGULAR MEETING
A. Call to Order and Roll Call
B. Pledge of Allegiance
C. Approval of the Agenda
    Two items were removed from the Agenda
          1. Ordinance regulating use of public streets and right-of-ways by public utilities
              This may be on a future agenda
          2. Discussion and possible vote regarding a new ordinance to regulate the size and number of flags and
              flag poles as they relate to their permitted height above an existing structure/building
              This may be on a future agenda
D. Approval of minutes of regular meeting held November 21, 2008 Approved
E. Approval of minutes of special meeting held on November 21, 2008 Approved
F. Approval of minutes of executive session held on November 21, 2008 Approved
G. Approval of minutes of special meeting/workshop held on November 17, 2008 Approved
H. Approval of Financial Report Approved
    * Approval of Tax Adjustment List #2 Passed
I. Announcements/Recognition of Visitors and Public Comment
COMMITTEE REPORTS
A. Report from Ad Hoc Zoning Code Review Committee (Costello)
B. Report from Budget and Finance Committee Meeting (Gordon)
C. Report from Charter and Ordinance Review Committee (Peterson)
D. Report from Communications Committee (Mulligan)
E. Report from Cultural and Historic Affairs Committee (Olmstead)
F. Report from Non-Residential Design Guideline Committee (Killmer)
* Approval of Purpose and Scope of Work Document Passed
G. Report from the Planning Commission (Killmer)
H. Report from the Town Manager (Graviet)

AGENDA PUBLIC DISCUSSION – Public Comment Regarding Agenda Items will be Heard After Each Agenda Item is Introduced.
OLD BUSINESS
A. (Second Reading) An Ordinance to Replace Subsection 85-3 (b) of the Bethany Beach Town Code with a New Subsection 85-3 (b) which will Require Owners of Rental Properties to Certify as Part of the Licensing Process that Certain Minimum Safety Requirements Have Been Complied With (Killmer)

Synopsis

This ordinance implements a new certification process for owners of rental properties which will ensure that certain minimum safety requirements are complied with prior to the issuance of a rental license. The ordinance intends to implement minimum safety requirements that include a minimum number of battery operated smoke detectors in each rental unit; deadbolt locksets that do not require interior keys; Ground Fault Circuit Interrupter (GFCI) protection in all outdoor receptacles, bathroom receptacles, garage wall outlets, kitchen receptacles, and all receptacles in crawl spaces; minimum four inch (4") high exterior house numbers; and secure window locks for all windows within twelve (12) feet of grade and second story windows accessible by fire escapes or stairs. The certification requires submission of a notarized form by the property owner. Free notary public services shall be provided by the town.

Passed - It should be noted that all items in the ordinance are taken from other areas of our existing Town Code. This action is designed to go into effect in 2010 in order to provide adequate time for landlords to take necessary action if any.

B. (Second Reading) An Ordinance to Strike Chapter 232, Article I, Section 232-5

"Removal of Registrants from the Voting Roles" of the Bethany Beach Town Code and Renumbering of Affected Sections of the Code (McClenny)

Synopsis

This Ordinance has been amended to delete Section 232-5 and renumber the subsequent section in Article I, Chapter 232 of the Town Code as necessary as well as changing references to renumbered sections in Article I, Chapter 232. The Ordinance also designates Section 232-11 as "Reserved."

Passed - This eliminates a requirement to remove a voter from the voter roll, if they failed to vote in the past five municipal elections. In an effort to promote citizen participation in our elections, some years ago, Council approved an ordinance that allows anyone of legal age (up to a maximum of eight individuals per property) whose name is shown on the property deed, with the right to vote without the necessity of registration.

NEW BUSINESS

A. Review/Possible Vote Regarding the installation Guy Wires (2-3) on Garfield Parkway Sidewalk at Atlantic Avenue and the 100 block of Garfield Parkway so Delmarva Power and Light can Continue to Deliver Electricity to the Blue Surf (Above Ground) from Existing Utility Poles. (McClenny)

After discussion, during which it was announced that the Blue Surf and Delmarva Power have decided to place the electric service underground, Council decided to petition the Delaware Public Service Commission to cause Verizon and Mediacom to do the same. This would possibly eliminate the need for utility poles at that location.

B. Resolution Directing the Town Manager to Waive Enforcement of Construction hour Requirements for the Construction of the Blue Surf Condominiums between 5:30 p.m. to 7:00 p.m. weekdays and 12:00 Noon – 5:30 p.m. on Saturdays. Waiver of Enforcement will Expire on May 22, 2009. (Graviet)

After discussion, Council voted to approve the resolution.

C. (First Reading) An Ordinance Regulating the Use of Public Streets and Right-of-Ways by Public Utilities (McClenny)

Synopsis

This ordinance implements a permitting procedure for all persons and entities desiring to open or excavate in the road beds or rights-of-way of the Town. The ordinance imposes construction standards for projects requiring excavation, restoration standards upon completion of the projects, implements bonding and insurance requirements, and liability and violation provisions for damage to public property and violations of this ordinance.

During the "Approval of the Agenda" at the beginning of our meeting, this item was removed from the agenda as the ordinance arrived too late for proper consideration.

D. Discussion and Possible Vote regarding a New Ordinance to Regulate the Size and Number of Flags and Flag Poles as they Relate to their Permitted Height Above an Existing Structure/Building. (Parsons)

During the "Approval of the Agenda" at the beginning of our meeting, this item was removed by request of the sponsor, Dr. Parsons.

E. Review/Possible Vote regarding Memorandum of Understanding Regarding the Assawoman Canal (McClenny)

Council voted to approve the agreement, which allows the Town to continue working with Delaware Environment and Natural Resources, the Town of Ocean View, Sea Colony and the Town of South Bethany to plan a pedestrian and bicycle pathway along the bank of the Assawoman Canal. The Town is committed to a $5,000 expenditure to support this planning. Public Hearings will be held as the development process continues.

F. Consider Changes to the Town Council Protocol Manual regarding Donations (McClenny)

Council decided to continue this discussion during a future Council workshop.

G. Discussion and Possible Vote regarding Legal Services Engagement Letter Submitted by the Law Office of Steen, Waehler & Schrider-Fox, LLC, to Represent the Town’s Board of Adjustment (Parsons)

Council approved a contract allowing the Law Office to provide legal services, when needed, to our Board of Adjustment.

H. Consider Partnership with the Coastal Point to Install and Maintain a Beach Boardwalk Web Camera (Graviet)

Council received notice that The Wave newspaper is interested in being in a partnership with the Coastal Point newspaper and the Town to jointly support the installation and maintenance for a camera on the boardwalk. In order to allow additional conversation between interested parties, Council decided to wait for those conversations to be completed before making a decision. Pictures from the camera would be available on the Internet.

ITEMS OF BUSINESS LISTED ON THE AGENDA FOR THIS MEETING MAY BE REFERRED TO THE PLANNING COMMISSION FOR CONSIDERATION. THE AGENDA ITEMS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE ADDITIONAL ITEMS INCLUDING EXECUTIVE SESSIONS OR THE DELETION OF ITEMS INCLUDING EXECUTIVE SESSIONS WHICH ARISE AT THE TIME OF THE MEETING. Additional items may be referred to the Council from the committees that meet between the posting of the agenda and the Council meeting.

POSTED: 01/08/2009

Town of Bethany Beach Administration