Newsletter 03-20-2009

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
D. Approval of minutes of regular meeting held February 20, 2009 Approved
E. Approval of minutes of workshop/special meeting held on February 17, 2009 Approved as amended
E. Approval of Financial Report Approved
F. Announcements/Recognition of Visitors and Public Comment

Mr. Jim Westoff, DelDOT Community Relations Officer, has asked to address Council this evening regarding the upcoming Delaware Bike Summit in Dover on April 24th.

Councilmen Healy and Killmer attended 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 provided comments to Council regarding the meeting?

Councilman, Dr. Robert Parsons will attend the 2009 National Hurricane Conference, April 6th - 10th in Austin, Texas.

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

Words of "Thank you" were provided to the Bethany Beach Landowner's Association for their letter of support for capital projects, which our Town Council and Town Manager have been addressing for the past several years.

A check in the amount of $25,000 for the second of three pledge payments by the Town for the construction of the South Coastal Library expansion was presented to representatives of the Friends of the South Coastal Library. The library is scheduled to reopen during April.

Members of the audience were invited to address the Town Council about any non-agenda item. There were no comments provided this evening. Public comment regarding agenda items are requested as each agenda item is introduced.
COMMITTEE REPORTS
A. Report from Audit Committee (Doyle) No report as committee did not meet
B. Report from Budget and Finance Committee Meeting (Gordon) No report as committee did not meet
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) No report as committee did not meet
G. Report from the Planning Commission (Killmer)
H. Report from the Town Manager (Graviet)
    We need docents to assist in the Bethany Beach Nature Center on Route 26 next to Grotto Pizza. If
    interested in helping, please contact our Town Office at: admin@townofbethanybeach.com

    The Town has again contacted DELDOT regarding a three way stop sign or stop light at Collins and Kent
    Avenues.

    Once per week trash pickup during the "off" months has been initiated.

AGENDA PUBLIC DISCUSSION – Public Comment Regarding Agenda Items will be Requested After Each Agenda Item is Introduced.
OLD BUSINESS

A. Discussion and Possible vote Regarding a Request from Attorney Glenn Mandalas representing the Walsh
     Family regarding Captain Jack's Miniature Golf Course (McClenny)
     When the Mayor asked Council for comment regarding this issue, there was none offered.

B. (Second 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)
     Passed as amended
     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.
     Passed

C. (Second 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.
    Passed

NEW BUSINESS

Discussion and Possible Vote on Proceeding with an RFP for Pedestrian Pathway on Collins Avenue (Killmer)
A motion was made to not proceed. Passed
Adoption of Budget for Fiscal Year 2010 and Schedule of Fees (Gordon)
Passed after significant discussion
Mayor McClenny offered an amendment to the budget to not increase the property tax by one-half cent and it was seconded by Councilwoman Olmstead. After discussion, the amendment failed by a vote of six to one against.
Discussion and Possible Vote regarding Communications Committee (McClenny)
A vote was passed to approve the proposed modifications to the committee's "Purpose Statement"
A vote was passed to approve the revised format of the Communications Plan and to review the final document no later than June, 2009
A vote was passed to approve the committees proposed work on surveys with the stipulation that Council must approve any survey prior to use
Consider awarding concession for summer exercise program on the boardwalk (McClenny)
Passed
Consider Changes to the Town Council Protocol Manual regarding Donations (McClenny)
Passed as amended during discussion as a resolution and addition to Town Council Protocol Manual

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: 03/10/2009

Town of Bethany Beach Administration