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Tony's Bethany Beach Newsletter
 May 15, 2009
 

TOWN OF BETHANY BEACH                                 
TOWN COUNCIL MEETING                                   REGULAR MONTHLY MEETING                            

FRIDAY, MAY 15, 2009
TOWN MEETING ROOM
7:30 P.M.
     
I.  OPENING OF REGULAR MEETING  
   A.  Call to Order and Roll Call  
   B. Pledge of Allegiance  
   C. Approval of Agenda  Amended & Approved  
  Old Business items F & G were removed from the agenda  
   D. Approval of minutes for April 17, 2009 meeting  Approved  
   E. Approval of Financial Report  Approved  
   F. Announcements/Recognition of Visitors and Public Comment
       
  Our Town is privileged to have the dedicated group of individuals, the vast majority of whom do not live in Bethany Beach, who volunteer their time to provide our Town with 24/7 fire protection.  Few members of the public realize how much time these men and women spend training and responding to emergency needs within our community.  In appreciate, we are making a donation to the Bethany Beach Volunteer Fire Company in the amount of $20,000 to assist them with their operating expenses.  President Monte Wisbrock, who is a resident of Bethany Beach, is here to accept our donation.
       
  You may have seen the ship that has being traveling up and down the coast of Bethany Beach during the past week or so.  The U.S. Army Corps of Engineers' contractor is currently providing beach replenishment in Dewey Beach.  We expect them to be working on our beach during early June. 
       
II.  COMMITTEE REPORTS    
   A. Report from Audit Committee (Doyle)    
   B. Report from Budget and Finance Committee (Gordon)  No report as committee did not meet
  C.   Report from Charter and Ordinance Review Committee (Peterson)  No report as the 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 the committee did not meet
   G. Report from the Planning Commission (Killmer)
   H. Report from the Town Manager (Graviet)    
       
  AGENDA PUBLIC DISCUSSION - Public comment about any subject not on the meeting agenda.  Public comment regarding agenda items will be heard after each agenda item is  introduced.
       
III.  OLD BUSINESS    
   A.





 		 (Second 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)  Passed 7-0 with slight modifications

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. 
       
   B.





 		 (Second 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)  Passed 7-0 with slight modifications

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.”
       
   C.















 		 (Second 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)  Passed 7-0 with slight modifications

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.
       
   D.







 		 (Second Reading)  An Ordinance to Amend Chapter 168 (“Noise”) of the Bethany Beach Town Code  (Olmstead)
 Passed 7-0 with slight modifications
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
       
   E.
















 		 (Charter Amendment)  An Act to Amend the Charter of the Town of Bethany Beach, Chapter 295, Volume 65, Laws of Delaware as Amended to Allow the Appointment of Election Officials as Contemplated by the State of Delaware Municipal Election Statute (Delaware Code Title 15, Chapter 75, Subchapter IV).  (McClenny) 
 

Mayor McClenny made the following alternative proposal which passed (7-0)

Instead of enacting this Charter Amendment, which our Town Solicitor does not feel is necessary and as many of us believe the state code should be incorporated into our Town code for simplicity and clarity.  It is my suggestion that we delete section 5.4.5(f) from our Charter and incorporate the existing state election code into our town ordinances thus our guidelines would mirror that in use by the state.

Thus I motion we do not approve item E this evening, rather we ask the Town Solicitor to make the necessary changes and vote to approve the Charter and Town code modifications during an upcoming meeting as early as next month.

Synopsis
This bill amends the Town Charter to allow for the appointment of Election Officers as allowed by 15 Del.C.§ 7556.
       
   F.









 		 (Charter Amendment)  An Act to Amend the Charter of the Town of Bethany Beach, Chapter 295, Volume 65, Laws of Delaware as Amended to implement term limits.  (McClenny)  This item was removed from the agenda as New Business item B provides an alternative method, which involves the Town's citizens in this decision.

Synopsis 
This bill amends the Town Charter of the Town of Bethany Beach to implement a term limit that prohibits an individual from serving more than six consecutive years as a member of Council.  If after a year from the conclusion of the sixth consecutive year of service an individual wishes to run for office again that is permitted by this amendment. However, where any person is elected or appointed to fill a vacancy on council, the remaining years of that term shall not be counted toward the six consecutive years unless more than one half of the original term remained at the time the vacancy was filled.
       
   G.








 		 (Charter Amendment)  An Act to Amend the Charter of the Town of Bethany Beach, Chapter 295, Volume 65, Laws of Delaware as Amended to Change the Duration of the Term of a Member of the Town Council and to Allow for Staggered Terms Based on the New Term Duration. (McClenny)  This item was removed from the agenda as New Business item B provides an alternative, which involves the Town's citizens in this decision.

Synopsis
This  bill amends the Town Charter of the Town of Bethany Beach to increase the term of office for council members from two years to three years, commencing with the 2009 Town Election.  This bill also amends the Town Charter to allow implementation of staggered three year terms for elected members of the Town Council.  By the 2011 municipal election, all members of the Town Council will be serving three year terms.                     
       
IV.  NEW BUSINESS    
   A.










 

Consider Amendment to Ordinance 345, Adopted June 6, 2000, to Amend Chapter 106, Section 8, (Dogs on Beach or Boardwalk, Restricted) of the Town Code to Modify the Dates Dogs are Permitted on the Beach and Boardwalk  (Young)  Failed 4-3

 Synopsis
 The proposed amendment to the existing ordinance would prohibit dogs from being on the beach and boardwalk from June 15th to August 31st as well as all weekends and any holidays that may occur between the 15th of May and the 14th of June and September 1st to September 30th.  Dogs are permitted on the beach and boardwalk on all days between October 1st and May 14th.  All dogs must be on a leash and under control of their owner, or custodian at all times.  Dogs in the service of a law enforcement agency or a disabled person are exempt from this proposed amendment.

   
   B.







 		 Consider A Resolution that Council hold a “non binding referendum election” at the same time as the September 12, 2009, annual Municipal Election to obtain the opinion of qualified voters on the issue of term length – term limits for members of the Bethany Beach Town Council  (Young)  Passed 5-2

Synopsis
Town Charter Section 24.4.5 provides that the Town Council may hold a non-binding referendum election to “obtain the opinion of qualified voters” in conjunction with the annual municipal election.  Before the Town requests a Charter change from the State Legislature to change the length of terms served by Council members and impose term limits, the topic should be reviewed by the public, their opinions solicited, and given serious consideration.
       
   C. Set Date/Time of Town Council Election    
  Saturday, September 12, 2009 (12:00 Noon - 6:00 p.m. in Town Meeting Room) Approved
       
   D. Set Date/Time for Town Council Reorganization Meeting
  Monday, September 21, 2009 at 10:00 a.m. in Town Meeting Room                                  Approved
       
   E. Appointment of Election Board and Election Officers  Approved 7-0
  The Board of Elections oversees the election with the primary responsibilities of supervision and reviewing complaints.
  Board of Elections:  Jane Fowler, Rosemary Hardiman and Phil Rossi
   
  The Election Officers handle specific election duties and are led by the Inspector.
  Election Officers:
  Faith Denault Inspector      
  Fulton Loppatto Judge      
  Charles McMullen Judge      
  Chuck Peterson Judge      
  Joan Thomas Judge      
           
   F.















 

Establish an Ad Hoc Committee to respond to any requests from Council to develop a survey.  Appointment of Ad Hoc Committee Members  (Young)

Mayor McClenny quoted from the Town Charter, "According to our Town Charter 6.2.1... It shall be the duty of the Mayor... to appoint town committees, subject to Town Council confirmation...".  The Mayor continued to say, "However, it is my opinion that no Mayoral or Council action is necessary as a committee chair may establish an ad hoc committee, an action, which has previously been done by the chairmen of the Charter and Ordinance Review Committee and the Communications Committee."  He then requested that Council advise in the matter.  Council voted 7-0 in favor of his proposal. 

Synopsis
Council recently unanimously approved a motion authorizing the Communications Committee to work on surveys regarding citizen input.  The understanding was that the Communications Committee or others would propose topics, subject to Council approval, prior to any detailed survey development.  The Ad Hoc Committee provides a rapid way to provide a fully developed survey in response to Council approved topics.  The three individuals proposed for membership (Larry Fishel, Mike Yoder and Lew Killmer) bring expertise/experience in survey design and survey processing.
       
   G. Vote on the Termination of Lifetime Health Insurance Benefit for Employees (Parsons)
  The vote to terminate the benefit based on agreements with the affected employees passed 7-0
       
   H.
 		 Review/Vote on Locations to Add Street Lights on Delaware Route 1 to Enhance Pedestrian and Bicycle Safety  (Graviet)
  After discussion additional street lighting was approved by a vote of 7-0.  The nine additional lights will be used during the summer months (May-September is the estimated time period)
   
    I. Consider awarding concession for summer exercise program on the boardwalk  (Graviet)
  The concession was awarded to Christel Grandell
       
    J.
 		 Discussion and possible vote regarding changing the date of the September Council meeting in recognition of Rosh Hashanah  (McClenny)
  Due to the late date of our Town Election, the requirement for a one week delay prior to the appointment of new Council members and the election of town officers, there will be no September Town Council 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: 05/06/2009
Revised: 05/07/2009