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Tony's
Bethany Beach Newsletter
April 17, 2009 |
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TOWN OF BETHANY
BEACH FRIDAY, APRIL 17, 2009
TOWN COUNCIL MEETING TOWN MEETING ROOM
REGULAR MONTHLY MEETING 7:30 P.M.
- OPENING
OF REGULAR MEETING
- Call
to Order and Roll Call
All members of Council were present as
was our Town Manager, Town Clerk and Town Solicitor.
-
Pledge of Allegiance
-
Approval of the Agenda
Approved
-
Approval of minutes of
regular meeting held March 20, 2009
Approved
-
Approval of minutes of
executive session held on March 20, 2009
Approved
-
Approval of minutes of special
meeting held on March 20, 2009
Approved
-
Approval of minutes of public
hearing held on February 27, 2009
Approved
- Approval of the Financial Report
Approved
as was the Town's investment policy for the coming year
- Announcements, Recognition of Visitors and
Public Comment
Announcements:
-
Our beach replenishment project has been re-scheduled by the
Corp of Engineers for a two week period during June.
-
The remodeled South Coastal Library will re-open on Monday,
April 20th. We have a beautiful,
state-of-the-art facility. The Friends of the South
Coastal Library are to be thanked for their effort and the
$2,225,000 plus they raised to supplement state and county
funding. Visit our library at your first opportunity
and I suspect you will be hooked! If you have not yet made a
donation or would like to add to your donation visit: (www.foscl.com)
-
Dr. Parsons attended the National Hurricane Conference
earlier this month. Dr. Parsons shared what he learned.
- Ms. Young attended
the Delaware Commission Assistance & Mentoring Program
conference on April 4th at the University of Delaware.
-
Vice Mayor Olmstead attended the ASBPA's Summit 2009,
"Leading the New Administration Back to America's Coast," on
March 25-27 in Washington, D.C. Ms.
Olmstead shared what she learned with us?
- It has been
brought to my attention
brought to my attention that Mr. Warren Zitzmann, former BB
Town Council member and Planning Commission Chairman, died
recently. It has been said and I quote from James Meehan’s
book “Bethany Beach Memoirs”, “the right man, in the right
place, at the right time”. Warren was a city planner, who
wrote most of the zoning ordinance used in BB. Mr. Cal
Baldwin told me, “He was a prime example of how our citizens
volunteer their time and experience for the good of Bethany
Beach.”
-
The Bethany Beach Volunteer Fire Company provided a plaque
to the Town last Saturday during the “Ambulance Housing”
event in appreciation for our participation as a partner in
establishing ambulance service with the Bethany Beach
Volunteer Fire Company. You should know that the State
of Delaware nor Sussex County provide funding for our local
Firefighters or EMT's.
Both government entities do provide some grant money.
Our Fire Company is all volunteer with the exception of the
paid EMT's. All equipment needs are paid for by our
Fire Company and your donations are extremely important to
their continued operation. The Towns of Bethany Beach,
South Bethany, and Fenwick Island along with our partner,
Sea Colony, provide hundreds of thousands of dollars each
year to assure the funding for our citizens to have
Ambulance Service.
PLEASE READ THIS CAREFULLY - Although
we are helping fund the Ambulance Service through an
annual assessment to our property owners, our Fire Company
depends upon your donations to fund fire protection service.
Please contribute to their fund raising and be generous. (www.bethanybeachfire.com)
-
The Arbor Day Foundation
congratulates Bethany for achieving "Tree City USA" status
for 2008. This is the fourth year we have been so
recognized.
-
Free
bulk trash collection is made during the last two weeks of
April. Monday, May 4th, will be the last day for free bulk
item collection. Any bulk items placed at the curb after May
4th will be collected at a minimum charge of $40. Bulk items
must be placed at the curb where regular trash is collected.
Limbs should be cut into 6’ lengths and tied together in
bundles. Doors must be removed from all refrigerators. Any
water based paints must be dried in the can using sand or
cat litter to avoid leaching of paint. The Town does not
collect any hazardous chemicals, (e.g.) petroleum based
products, solvents etc. Hazardous chemicals must be
transported to the solid waste facility by the homeowner.
Hazardous chemicals are accepted at the solid waste facility
on State Route 18 once per year only, on the first
Saturday in May.
- COMMITTEE REPORTS
A.
Report from Audit Committee (Doyle)
Did not meet this month - no report
B.
Report from Budget and Finance Committee Meeting (Gordon)
Did not meet this month - no report
C.
Report from Charter and Ordinance Review Committee (Peterson)
Reviewing new code book
D.
Report from Communications Committee (Mulligan)
Presented report
E.
Report from Cultural and Historic Affairs Committee (Olmstead)
Presented report
F.
Report from Non-Residential Design Guideline Committee (Killmer)
Presented report
G.
Report from the Planning Commission (Killmer)
Did not meet this month - no report
H.
Report from the Town Manager (Graviet)
Presented report
- OLD BUSINESS
- We had no old
business this month
- NEW BUSINESS
- Discussion and Possible
Vote Regarding Long-Term and Short-Term Solutions to Pedestrian
and Bicycle Safety on Collins Street (Graviet)
Mr. Graviet addressed Council on this
issue with several suggestions for new signs, seasonal speed
bumps, etc.
- Consider Amendment to
Town Charter Regarding Chapter 6.1 (Organizational Meeting) to
Delete the Twenty-Four (24) Hour Requirement to Hold Such
Meeting per New State Code Regulations. (Olmstead)
The amendment was passed
and will now be sent to the Delaware State Legislature for their
approval.
- (First Reading) An
Ordinance to Amend Chapter 2 of the Town Code, Being the
“Schedule of Fines and Penalties for Violations of Town
Ordinances; Court Costs” (Gordon)
Synopsis This ordinance amends Chapter amends Chapter 2 of the Town Code
(“Schedule of Fines and Penalties; Court Costs’) to revise the penalties
for certain violations of Chapter 227 (“Motor Vehicles and Traffic”) and
to provide penalties for provisions which had been inadvertently omitted
from Chapter 2.
As this was a First Reading, a vote was
not taken. There was little discussion.
- (First Reading)
An Ordinance to Amend an “Ordinance to Amend the
Town Code of the Town of Bethany Beach to Transfer all Fines and
Penalties to One Chapter”. (Gordon)
Synopsis
This ordinance is a housekeeping ordinance to include several
sections of Chapter 227 in the Town’s prior ordinance amendments
designed to transfer all fines and penalties for violations of Town
ordinances into one chapter, that being Chapter 2 “Schedule of Fines and
Penalties for Violations of Town Ordinances; Court Costs.”
As this was a First Reading, a
vote was not taken. There was
little discussion. -
(First
Reading) An Ordinance to Amend Chapter 2 (“Schedule of Fines and
Penalties for Violations of Town Ordinances; Court Costs”), Section 4,
To Exempt Certain Town Parking and Other Motor Vehicle Violations from
Sections 4’s “Adoption by Reference” of State Penalties for
Corresponding State Motor Vehicle Violations. (Gordon)
Synopsis
Chapter 2 of the Town Code sets out the
“Schedule of Fines and Penalties; Court Costs” for violation of all Town
ordinances for which a penalty may be imposed. Section 4 of Chapter 2
provides that, for violation of any provision of Chapter 227 of the Town
Code (“Vehicles and Traffic”), the fine or penalty shall be as
established by State law for the corresponding violation of State motor
vehicle statutes, such fines or penalties to be automatically adopted by
reference without further action by the Town Council, as the State
penalties are, from time to time, amended by the General Assembly (or
the Department of Public Safety). This ordinance amends Section 4 to
exempt from the “adoption-by-reference” provision of Section 4 those
violations of certain parking violations as established by Town
ordinance, notwithstanding that there may be corresponding parking
violations under state law. This ordinance therefore reserves to the
Town Council to establish, by ordinance, fines and penalties for those
specified parking violations which may be differ from the fines or
penalties that would otherwise be established by State Code.
As this was a First Reading, a
vote was not taken. There was some discussion.
- (First Reading)
An Ordinance to Amend Chapter 168
(“Noise”) of the Bethany Beach Town Code (Olmstead)
Synopsis
This ordinance amends
Chapter 168 of the Town Code (“Noise”) to clarify the conduct
proscribed by that chapter. This amendment deletes certain
distance standards from the ordinance in favor of establishing a
more general, but readily comprehensible, standard of conduct
which recognizes that the intent of the ordinance is to protect
the inhabitants of the Town generally from loud and unnecessary
noise rather than to establish a standard that may be invoked by
a uniquely-effected person or small group of persons
As this was a
First Reading, no vote was taken. Council spent a
considerable amount of time discussing this issue and generated
a number of motions on the various suggestions made. There
will be some modifications sent to the Town Solicitor for
incorporation into the ordinance prior to the second reading,
which is expected in May.
- Discussion and Possible Vote Regarding Town
Council Terms (McClenny)
1. Consider
three (3) year terms of office
2. Consider
term limits
After an interesting discussion, the
council voted on item 1 and it passed. Town Council terms
in the future will be for three (3) years. Our Town
Solicitor will draft the necessary Town Charter change and any
required ordinance. Voting for the change were: Gordon,
Healy, Killmer and McClenny. Voting against the change
were: Olmstead, Parsons and Young.
Council then discussed item two and it also passed with a limit
of six (6) consecutive years for Town Council service after
which one could run again following a one (1) year absence as a
Town Council member. Our Town Solicitor will draft the
necessary Town Charter change and any required ordinance.
Voting for the change were: Gordon, Healy, Killmer and McClenny.
Voting against the change were: Olmstead, Parsons and
Young.
-
Consider
Supplement to Budget for $60,000 for Replacement of Aerator for Town’s
Water Treatment System – Supplement Funds to Come from Water Department
Replacement Reserves. (Graviet)
Council approved the supplement to the
2010 budget.
-
Consider Awarding Contract to A.P.
Croll and Son, Inc., for the sum of $113,079 for the Raw Water
Line Installation Project. (Parsons)
Council approved the contract.
- Consider Awarding Contract to Zober Contracting Services, Inc.,
for the sum of $149,000 for the Aerator Replacement Project. (Healy)
Council approved the contract.
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: 04/03/2009 REVISED 04/15/2009
REVISED 04/16/2009 |
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