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Tony's Bethany Beach Newsletter
February 19, 2010
Town Council Regular Monthly Meeting

       
I.  OPENING OF REGULAR MEETING      
A. Call to Order and Roll Call - All Council members and Town Manager were present
B. Pledge of Allegiance      
C. Approval of the Agenda Approved
D. Approval of minutes of regular meeting held January 15, 2010 Approved
E. Approval of minutes of workshop/special meeting held January 11, 2010 Approved
F. Approval of Financial Report Approved
  Approval of Tax Adjustment List # 3 Approved
G. Announcements/Recognition of Visitors and Public Comment      
  During our recent, unusual snowstorms, our public works employees performed wonderfully well and our streets were opened quickly and maintained.  Mr. Graviet was asked to relay our thank you and compliments for a job well-done to the appropriate individuals.                
         
  We are in receipt of a letter from Carleton Carey, Sr., Mayor of Dover, announcing that on March 27th at 8:30 p.m. the City of Dover will participate in a global event called Earth Hour.  Earth Hour is a global initiative of individuals, schools, organizations, businesses and governments, who come together by turning off their lights for one hour to support energy efficiency, environmental sustainability and climate protection.  It is estimated that turning off non-essential lights for one hour, can reduce our energy consumption by 15% for a typical Saturday night.  Earth Hour is the largest event of its kind in the world.  Last year, nearly one billion people from 4,100 cities in 87 countries participated as well as international landmarks including the Golden Gate Bridge, Empire State Building, Eiffel Tower and Great Pyramids as well as the city skylines of Las Vegas, Hong Kong and Tel Aviv.  This year, the Town of Bethany Beach will join in this symbolic event.   It would be very supportive, if our local newspapers visit the Cool Cities Delaware website: http://coolcities.us/state.php?state=DE and publish information about this event for all to have information on how to participate.     
         
  On March 1st at 10 a.m., we will have a Special Meeting of our Town Council during which we will review the proposed plan to enhance Garfield Parkway by the removal of the utility poles and various cables that currently are installed on the street.  We would like to encourage our business and property owners to attend and to provide comment on the proposal.  Post cards were mailed to all property owners in an effort to communicate our desire for their participation.  
         
  Public comment was requested on any subject that was not on the agenda.  Comments regarding agenda items are requested during the discussion of old and/or new business.  
         
II.  REPORTS OF MEMBERS AND STANDING COMMITTEES
A. Report from Audit Committee (Doyle)  Did not meet - no report
B. Report from Budget and Finance Committee Meeting (Gordon) Report presented
C. Report from Charter and Ordinance Review Committee (Peterson) Report presented
D. Report from Communications Committee (Hardiman) Did not meet - no report
E. Report from Cultural and Historic Affairs Committee (Olmstead) Report presented
  Pam Szypulski was appointed as a new member of the committee      
F. Report from Non-Residential Design Guideline Committee (Killmer) Did not meet - no report
G. Report from Planning Commission (Killmer) Did not meet - no report
H. Report from Ad Hoc Recycling Committee (Dorfman) Did not meet - no report
I. Report from Town Manager (Graviet) Report presented
         
  AGENDA PUBLIC DISCUSSION - Public Comment Regarding Agenda Items is heard after each agenda item is introduced.  
         
III.  OLD BUSINESS      
A.
 
(Second Reading)  An Ordinance to Amend Chapter 227 (Vehicles and Traffic), Section 3 (Persons Entitled to Obtain Seasonal Parking Permits)  (Dorfman)  
 

Synopsis
This ordinance changes the number of seasonal parking permits owners of improved residential property are entitled to from three to two per residence. 
Passed

 
  The purpose of this discussion and vote was to provide more of the available permit parking spaces for Bethany Beach residents.  The Charter and Ordinance Review Committee previously reviewed the Town Code and recommended limiting residential parking permits to two per residence.  The Town issues over 5,000 permits annually.  There are less than 600 available permit parking spaces.  Previously the Town has issued an average of 700 third permits each year.  By eliminating the third permit, the Town will lose approximately $35,000 in revenue per year.  Council previously discussed this issue during a workshop and this evening voted to accept the reduced revenue in order to provide better permit parking opportunities for our property owners.  
     
IV.    NEW BUSINESS      
A. Report on Bicycle Safety (Young)
     
B.
 
(First Reading)  An Ordinance to make “House-Keeping” Amendments to Chapter 72 Entitled “Regulations Governing Use of the Town Bandstand and Plaza” (Olmstead)  
     
 

Synopsis
This ordinance is a house-keeping amendment to clarify that Town-sponsored entertainment programs and Town-authorized concessions are exempt from all provisions of the ordinance. (As originally-drafted, such activities were identified as exempt in several sections of the ordinance but not all sections of the ordinance). Such activities do not need to be subject to the provisions of this ordinance because they are under the control of the Town either directly (the Town-sponsored entertainment programs) or indirectly (through contract with concessionaires) and the Town can impose appropriate limitations and requirements through those controls.

 
  As this was a first reading, no vote was taken.   
     
C.
 
(First Reading)  An Ordinance to Amend the Town Ordinance Entitled “Regulations Governing Use of the Town Bandstand and Plaza”  to Provide for “Special Events” (Olmstead)  
 

Synopsis
This ordinance amends the town ordinance entitled “Regulations Governing Use of the Town Bandstand and Plaza” by creating bandstand regulations for special events that occur no more than once annually and are of such a unique nature and/or will attract such a large number of participants so as to not be reasonably accommodated under the ordinance’s typical time and manner restrictions. Under this amendment, special events shall not occur between the hours of 10:00 pm and 6:00 am, shall not take place when the bandstand is scheduled for use by another person or group or Town-sponsored event or Town-authorized concession. Special events shall not use the bandstand for more than eight (8) consecutive hours in one day or for more than 1 day during a calendar year.  Additionally, amplification equipment may be used to communicate instructions, information, or music when needed due to the number of participants that it is anticipated will attend the event, provided that the volume shall not exceed that which is necessary to accommodate the participants attending the event and shall not be unnecessarily audible to those outside the bandstand/plaza. Electrical generating equipment may not be used, but amplification equipment may be run off the Town’s electricity for a fee or participants may use battery operated equipment. Artificial lighting may be used as long as it does not un-necessarily illuminate beyond the bandstand and there are no flashing, pulsing or rotating lights. No audio-visual equipment may be utilized, and a written agreement shall be required as provided in Section 4(e) of the original ordinance.

 
  As this was a first reading, no vote was taken.   
   
D.
 
Consider Awarding Contract to Corrosion Control Corporation for the Repainting of Interior Walls, Filters and Miscellaneous Piping in the Gallery Room of Water Treatment Plant for the Amount of $33,100. (Graviet)  Passed
 
  Bids were received from three firms.  Corrosion Control Corporation's bid was the least expensive and they have a proven track record of quality work with our Town.   
     
E. Discussion/Possible Vote on Update to Protocol Manual Regarding Council Notice Requirements  (Olmstead)  Passed  
  The Town Council is regularly informed of all meetings of the Town Council, Town Committees and other pertinent information by e-mail.  Unless otherwise requested, this will be the usual means of communication.  On occasion, when a Special or Emergency meeting is called, the Town Manager's office will attempt to assure that all Council members have been contacted, either by e-mail or telephone. 

Town Council members have the responsibility of availing themselves of this information on a regular basis.  It is also recommended that Council members inform the Town Manager's office when they will not be in town or when their contact information changes, even for a short period of time.
 
     
F.
 
Discussion/Possible Vote Regarding a Letter to U.S. Congressional Delegation Supporting Dune Reconstruction and Affirmation of Council’s Support for the Army Corps of Engineer’s Project  (McClenny)  Passed  
     
G.

 
Discussion/Vote on Pay Station Proposal  (Graviet)

 
Removed from agenda
as contract did not arrive as expected
  A general demonstration of the proposed pay station was provided by Mr. Bill Dowdell.  In brief, we are considering the installation of 18 parking pay stations during 2010 to be located in the beach parking areas on the east side of Atlantic Avenue.  Hectronic (German Company) is the selected vendor based on the simplicity and apparent quality and design of their unit, plus the price offering that is based on their desire to enter the U.S. market with their latest design. The pay stations will accept quarters or credit cards for the purchase of parking time.  The stations will issue a printed slip, which the purchaser will display on the dashboard of their vehicle.  An additional 17 units may be positioned in the Garfield business district in 2011.  The pay stations will be considered a capital lease.  This means that, in fiscal year 2011, the Town will record the full cost of the asset purchase and record a liability for the four years of payments, even though no cash will be paid for the equipment purchase until the second year.  The capital expense will be budgeted for in fiscal years 2011 and 2012 as we take possession of the pay stations.  The debt service will be budgeted in fiscal years 2012 through 2015 as cash payments are made.  From the first year, the conversion to pay stations is expected to generate more revenue than cost.  Purchase costs will be fully recovered in under three years for equipment that is expected to last ten years.  The change to pay stations will bring the town $932,700 in increased revenue and cost savings over ten years.  
     
H. Consider a motion to go into Executive Session to Discuss Pending Litigation (McClenny)  Passed
     
I. Consider a motion to adjourn  Adjourned  
     
  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: 02/12/2010    
       

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