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

       
I.  OPENING OF REGULAR MEETING    
   A.

 
Call to Order and Roll Call -  Mayor McClenny was absent due to his heart attack, while attending his son's funeral two weeks ago.  The meeting was chaired by Vice Mayor Olmstead
   B. Pledge of Allegiance    
   C. Approval of the Agenda Approved
   D. Approval of minutes of regular meeting held Feb 19, 2010 Approved
   E. Approval of minutes of executive session held on Feb. 19, 2010 Approved
   F. Approval of minutes of special meeting/workshop held on Feb. 16, 2010 Approved
   G. Approval of Financial Report Approved
   H. Announcements/Recognition of Visitors and Public Comment  
         
  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)  
   B. Report from Budget and Finance Committee Meeting (Gordon)    
   C. Report from Charter and Ordinance Review Committee (Peterson)    
   D. Report from Communications Committee (Hardiman)    
   E. Report from Cultural and Historic Affairs Committee (Olmstead)    
   F. Report from Non-Residential Design Guideline Committee (Killmer)    
   G. Report from Planning Commission (Killmer)    
   H. Report from Ad Hoc Recycling Committee (Dorfman)    
    I. Report from Town Manager (Graviet)    
         
  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 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.

Passed
 
         
   B.


























 

(Second 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 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.

Passed

 
         
IV.    NEW BUSINESS    
   A.
 
(First Reading)  An Ordinance to include Chapter 100, Article III "Newsracks" to the Bethany Beach Town Code  (Olmstead)
  This item was tabled in order to update and refine the language of the ordinance.  
     
   B. Discussion and Vote on the Proposal to Relocate Utilities on Garfield Parkway (Graviet)
  Passed  
     
   C. Adoption of Budget for Fiscal Year 2011 and Schedule of Fees (Gordon)
  Passed
   
   D. Update and Possible Vote on Recycling  (Dorfman)
  Passed
   
   E.
 
Consider Request from the Mayor of Periers, France requesting possibility of "twinning" their town and the Town of Bethany Beach  (Olmstead)
  Passed
   
   F.
 
Consider awarding contract to Harvey Mack Sales and Service for the purchase of a 2011 Mack GU 813 truck chasis for the amount of $109,777  (Graviet)
  Passed
   
   G.

 
Consider awarding contract to H.A. Dehart & Son for the purchase of a Pak-Mor HLRC 34T High Compaction, side load refused compactor for the amount of $69,505  (Graviet)
  Passed
   H.
 
Consider awarding concession for summer exercise program on the boardwalk (Olmstead)
  Passed
   
  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: 03/10/2010    
         

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