Newsletter 02-20-2009

OPENING OF REGULAR MEETING
A. Call to Order and Roll Call
All Council members were present as was our Town Manager, Town Clerk and Town Solicitor.
B. Pledge of Allegiance
C. Approval of the Agenda Approved after modification - deletion of New Business Item D - donations as the
required documentation was not ready for council due to staff illness
D. Approval of minutes of regular meeting held January 16, 2009 Approved
E. Approval of Financial Report Approved
F. Announcements/Recognition of Visitors and Public Comment

On January 23,2009 fellow council members Mrs. Young and Dr. Parsons and I joined the Mayor of Millville, Town Councilman, Wickman of Ocean View and members of the Bethany Beach and Ocean View Police Departments as we met to discuss Route 26 traffic congestion.

Members of our Town Council have been invited to attend a meeting in Washington on March 18^th with our US Congressman, Mike Castle, US Senator Tom Carper, and US Senator Ted Kaufman. Mr. Killmer and I plan to attend in order to receive an update from our Congressional members. We shall provide comments to Council upon our return.

Vice Mayor Olmstead will attend the ASBPA's Summit 2009, "Leading the New Administration Back to America's Coast," on March 25-27 in Washington, D.C. where she will visit our members of Congress at a key time in the legislative process, to network with other beach communities and discuss solutions to common problems, and to educate ourselves on coastal erosion and beach issues facing the nation today. Dr. Parsons read a letter from Delaware Senator Bunting regarding an assistance request for funding for the Pennsylvania Avenue drainage problem from the Senator to DelDOT.

DNREC advises that our Beach Replenishment project is expected to begin in late April or early May

Members of the audience were invited to address the Town Council about any non-agenda item. Public comment regarding agenda items are requested as each agenda item is introduced.
COMMITTEE REPORTS
A. Report from Audit Committee (Doyle)
B. Report from Budget and Finance Committee Meeting (Gordon)
C. Report from Charter and Ordinance Review Committee (Peterson) No report as committee did not meet
D. Report from Communications Committee (Mulligan)
E. Report from Cultural and Historic Affairs Committee (Olmstead)
F. Report from Non-Residential Design Guideline Committee (Killmer)
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

NEW BUSINESS

Review and Discuss Correspondence from Attorney Glenn Mandalas Representing the Walsh Family regarding Captain Jack’s Miniature Golf Course (McClenny)

Mr. Mandalas was invited to address Council regarding the Walsh family's noise issue concerns. Attendees were asked not to interrupt him during his comments, rather to make a note and ask all questions after he completed his statement. As this is a matter, which could lead to litigation, it was suggested that Council members not discuss the matter nor voice a position on any issue at this time. Council may elect to hold an executive session for discussion of this issue. Council members were provided an opportunity to question Mr. Mandalas. Mrs. Schultze spoke on behalf of her business (Captain Jack's).
(First Reading) An Ordinance to Enact a New Chapter of the Bethany Beach Town Code Entitled “Regulations Governing Use of the Town Bandstand and Plaza” (McClenny)
Synopsis
This ordinance establishes certain content-neutral “time, place, and manner” restrictions on the use of the Town bandstand and/or plaza for purposes of making any “public address” (any public address, program, display, or demonstration) and also to coordinate its use so that no proposed public address will conflict with any other public address or Town-sponsored program, any person or group desiring to make use of the bandstand and/or plaza.

As this was a first reading, Council did not vote at this time. This ordinance can be expected to be on a future agenda for discussion, comment and vote.
(First Reading) An Ordinance Regulating the Use of Public Streets and Right-of-Ways by Public Utilities (Killmer)
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.

As this was a first reading, Council did not vote at this time. This ordinance can be expected to be on a future agenda for discussion, comment and vote.
Consider Changes to the Town Council Protocol Manual regarding Donations (McClenny)

Council previously discussed these changes and in fact did so again last Tuesday during a Town Council workshop. The considered changes were to be discussed and voted on by Council as a Town Council resolution to create a "Requests for Financial Assistance (Contributions) Policy with a copy of same in the Town Council Protocol Manual. Due to town staff illness, the document was not ready for our meeting. We will place this on our March agenda.
Consider Partnership with the Coastal Point to Install and Maintain a Beach Boardwalk Web Camera (Graviet)

Council scheduled a discussion of this subject during our January Town Council meeting however the
decision was postponed pending receipt of additional information. Once again a member of the audience, Mr.
Cripps, representing the Bethany Fenwick Chamber of Commerce requested that the Chamber participate in
the project. Council agreed to postpone the discussion and decision to our March meeting.

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: 02/09/2009

Town of Bethany Beach Administration