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Tony's Bethany Beach Newsletter
October 15, 2010
Town Council Regular Monthly Meeting
     
I.  OPENING OF REGULAR MEETING    
A. Call to Order and Roll Call - All Council members were present  
  Our Town Manager, Cliff Graviet, was not present as he is attending the International City Manager’s Association Conference being held in San Jose, California.
B. Pledge of Allegiance    
C. Approval of the Agenda   Approved
D. Approval of minutes of regular meeting held Sept 20, 2010   Approved
E. Approval of minutes of executive session held on Sept 20, 2010   Approved
F. Approval of minutes of organizational meeting held on Sept 20, 2010   Approved
G. Approval of minutes of workshop/special meeting held on Sept 13, 2010   Approved
H. Approval of Financial Report   Approved
  * Approval of Tax Adjustment List   Approved
I. Announcements/Recognition of Visitors and Public Comment  
   
 

In late September Mr. Dorfman, Mr. Healy and Mr. Killmer attended the Delaware-Maryland Downtown Revitalization Conference.  Mr. Healy provided a report to Council regarding that experience.
   
  A representative from the American Lung Association (Jerry Valentine) attended our meeting and presented the Council with a plaque thanking us for our policy of “No Smoking On The Beach”, playgrounds, parks, bandstand and boardwalk areas.
   
  During an earlier Town Council meeting, Mr. Limroth inquired as to the possibility of reducing our speed limit on streets east of Route 1 from 25 m.p.h.  The Town has worked with the Delaware T2 Center and their recommendation, which is to leave the speed limit unchanged, has been received.   Council discussed the report during our workshop/special meeting held on October 12, 2010.
   
  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 No meeting this month
B. Report from Budget and Finance Committee Report by Mr. Dorfman
C. Report from Charter and Ordinance Review Committee No meeting this month
D. Report from Communications Committee No meeting this month
E. Report from Cultural and Historic Affairs Committee Report by Ms. Olmstead
F. Report from Non-Residential Design Guideline Committee No meeting this month
G. Report from Planning Commission Report by Mr. Killmer
H. Report from Town Manager No report as out of town
       
  AGENDA PUBLIC DISCUSSION - Public Comment Regarding Agenda Items is heard after each agenda item is introduced.
       
III.  OLD BUSINESS    
  No old business this month    
     
IV.    NEW BUSINESS    
A.
 		 (Second Reading)  An Ordinance to Make Various Housekeeping Corrections and Clarifications to the Bethany Beach Town Code  (Killmer)          Passed
 

Synopsis

This ordinance clarifies that ordinances are referred to an ad-hoc committee and not a special committee         for the purpose of making recommendations to Council. The ordinance clarifies that the Town Manager             distributes town employment policies to town employees “as approved by Council.” This ordinance clarifies          that the Planning Commission shall have all the powers outlined in the Town Zoning Ordinance. This             ordinance changes from “a reasonable time” to 15 days the time in which Council, employees, and agents    of the town must provide the Planning Commission with the information necessary to conduct the Commission’s work. This ordinance removes horse-drawn vehicles from the definition of “establishment or place of business”. This ordinance removes an unnecessary use of the word “therefor” from section 102-2.  This ordinance removes the requirement that time is considered of the essence when paying concession fees. This ordinance makes the changes necessary to replace “Town Commissioners” with the more appropriate phrase “Town Council”. This ordinance removes the word reasonable from the provision outlining that the purpose of the shuttle bus regulations is to require passenger vans and shuttle buses to pay reasonable fees based on the number of passengers transported. This ordinance alters the penalty associated with violating the shuttle bus requirements from revoking the shuttle bus permit to revoking the permit of the responsible organization. Lastly, this ordinance changes the insurance requirements for special events to be consistent with the insurance requirements for concessionaires (which has stricter and more specific insurance requirements) and includes a requirement that insurance policies for both special events and concessionaires must include a provision stating that the policies may not be cancelled without giving 30 days written notice to the town prior to cancellation.

   
  In short, the above represents a number of items considered minor, housekeeping modifications to our Town Code.
   
B.
 		 Discussion, Consideration and Possible Vote on Appointments to the Board of Assessment, Board of Adjustment and Zoning Commission (McClenny)
  The Mayor appointed the following individuals to our Board of Assessment for indefinite terms and Council confirmed the appointments:

Donald Carmichael, Chair
George Eckert
Philip Rossi
   
  The Mayor appointed the following individuals to our Zoning Commission and Council confirmed the appointments:
 
Vahan Moushegian, Jr., Chair  Not confirmed based on the fact he is a non-resident - vote 4 to 3 against
Ralph Brown Term expires 10-16-2014
Ron Steen Term expires 10-18-2012
   
  The Mayor appointed the following individuals to the Board of Adjustment and Council confirmed the appointments:
 
Robert Parsons Term expires October 17, 2013
Vahan Moushegian, Jr. Not confirmed based on the fact he is a non-resident - vote 4 to 3 against
Note:  Town Code § 425-100 states the presiding officer of the Town's Zoning Commission shall be a member of the Board of Adjustment.  The code further states the Board shall select from among themselves a Chairman and Secretary...
   
C. Discussion, Consideration and Possible Vote on Committee Member Appointments (McClenny)
  The Mayor appointed the following individuals to Committees and Council confirmed the appointments:

Audit Committee:
     Tom Defibaugh
     Monte Wisbrock

Budget and Finance Committee:
     Stanley Berkman
     Denise Boswell
     Donald Doyle
     Joseph Healy
     Chuck Peterson
     Philip Rossi

Charter and Ordinance Review Committee:
     Mike Boswell
     Mary Sue Forestieri
     Fulton Loppatto
     Lonny Moore
     Susan Frederick, Building Inspector, non-voting member

Cultural and Historic Affairs Committee:
     Jane Fowler
     Theo Loppatto
     Mary Lou McNerney
     Pat Rogers
     Mary Lou Urquhart
     Margaret Young
     Gloria Farrar, Town Entertainment Director, non-voting member

Non Residential Design Review Committee:
     Jim Weisberger
     Faith Denault, Planning Commission Representative
     Susan Frederick, Building Inspector
   
D.
 		 Discussion, Consideration and Possible Vote on Contract submitted by Delmarva Paving, Inc. for FY 2011 Street Rehabilitation Project   (Graviet)          Passed         
   
  The meeting was adjourned upon the completion of the agenda.
   
  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: 10/05/2010      

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