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Tony's Bethany Beach Newsletter
March 18, 2011
Town Council Regular Monthly Meeting

 
       
I.  OPENING OF REGULAR MEETING      
    A. Call to Order and Roll Call - All Council members, our Town Manager and our Town Solicitor were present
    B. Pledge of Allegiance      
    C.
 
Approval of the Agenda - Item K was removed from the agenda as necessary information was not received from the U.S. Corps of Engineers   Approved
    D. Approval of minutes of regular meeting held on Feb 18, 2011 Approved
    E. Approval of minutes of workshop/special meeting held on Feb 17, 2011 Approved
    F. Approval of minutes of executive session held on Feb 7, 2011 Approved
    G. Approval of minutes of public hearing held on Feb 7, 2011 Approved
    H. Approval of minutes of special meeting held on Feb 18, 2011 Approved
    I. Approval of minutes of public hearing/special meeting held on Feb 28, 2011 Approved
    J. Approval of Financial Report Approved
    K. Announcements/Recognition of Visitors and Public Comment  
       
 

Mr. Healey represented our Town at the 2011 Summit meeting of the American Shore and Beach Preservation Association during the first week of March.  This association has been serving our coastal economy and ecology since 1926.  He presented a brief report to Council with a written report to follow.

The annual planting of beach grass on the dunes in Bethany Beach is fast approaching.  This event is sponsored by the State of Delaware, Department of Natural Resources and is a vital part of the overall health of the dune system and our beaches.  All volunteers are welcome.  Those wishing to volunteer are invited to the bandstand area, at the top of Garfield Parkway on March 26th 2011, between 8:00am-9:00am. Planting will begin at 9:00am.  Instructions and everything needed will be provided to participants.  The event usually lasts from 9:00am until around 12:00noon.  This year the Delaware Mobile Surf Fisherman cook shack will be on hand to provide food and drinks for the volunteers.

Corporal Brandon Elliott of our Bethany Beach Police Department was asked to attend this afternoon in order that we could congratulate him on behalf of our Administration and the citizens of Bethany Beach as he received top honors at this year’s Joshua M. Freeman Valor Awards presentation on February 11, 2011.  While facing great danger, the courage, dedication, determination, and professionalism that he displayed during Memorial Day weekend of 2010 as he pursued and eventually apprehended a subject wanted for first-degree murder by Baltimore City Police was exemplary.  As Mayor, I would like to convey our appreciation to him on a job well done and to let you know that your efforts and the risks that you and your fellow officers take every day while protecting the lives and properties our citizenry and tourists is appreciated beyond what words can express.

The Town provided the Bethany Beach Volunteer Fire Company with our annual donation in the amount of $20,000. 

The Town provided the Friends of the South Coastal Library with a donation of $6,000 to assist with their work with our local library. 

 
         
  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)   No Meeting
    B. Report from Budget and Finance Committee Meeting (Dorfman) No Meeting
    C. Report from Charter and Ordinance Review Committee (Peterson) No Meeting
    D. Report from Cultural and Historic Affairs Committee (Olmstead) Presented
    E. Report from Non-Residential Design Guideline Committee (Killmer) Presented
    F.  Report from Planning Commission (Killmer) Presented
    G. Report from Town Manager (Graviet)   Presented
         
  AGENDA PUBLIC DISCUSSION - Public Comment Regarding Agenda Items is heard after each agenda item is introduced.
         
III.  OLD BUSINESS      
  There was no old business this month.      
       
IV.    NEW BUSINESS      
   
     A.
 
(Second Reading)  An Ordinance Amending Chapter 301 "Outdoor Smoking" to Extend the Seasonal Smoking Ban on the Boardwalk to a Year-Round Smoking Ban on the Boardwalk and Boardwalk Access Ramps  (Gordon)  Passed
  Synopsis
This ordinance amends Chapter 301 ("Outdoor Smoking") by altering the current seasonal ban on smoking on the boardwalk (from May 15 through September 15) to now prohibit smoking on the boardwalk and boardwalk access ramps year-round.  Section 2 of the ordinance is merely a format change required as a result of Section 1 and does not include any substantive change.
   
    B.

 
Discussion, Consideration and Possible Vote on Creating Uniform Parking Enforcement Hours in Paid Parking Areas of Bethany Beach from 10:00 a.m. - 11:00 p.m.  Further Allowing Free Parking from 8:00 p.m. - 11:00 p.m.  for All Vehicles Displaying a Residential Permit (Dorfman)  Passed with an amendment that parking hours will be 10 a.m. until 11 p.m. in only the downtown area from north of Hollywood Street to south of First Street and from Route 1 to the beach.  Use of the residential permit remains as it has been and it will NOT allow free parking at anytime at a parking fee-based location.  Also announced was the fact that our Town has negotiated leased space and the addition of approximately sixty (60) new parking spaces, which will be fee-based on the lot east of Atlantic Books and the eastern-most parking lot of the Bethany Beach Volunteer Fire Company.
   
     C.
 
(First Reading) An Ordinance to Clarify Election Procedures and Bring Procedures into Compliance with State Municipal Election Laws  (Killmer)  As this was a first reading, no vote was taken
  Synopsis
This ordinance creates consistency with the town charter regarding the posting of election notices.  This ordinance sets the time for municipal elections from 12:00 p.m. to 6:00 p.m. and removes unnecessary language involving the proof of identity that must be shown when voting.  This ordinance clarifies how non-resident property owners are notified of upcoming elections.  This ordinance clarifies that election documents are kept by the town until the next municipal election, and it eliminates the existing absentee ballot voting procedures.  The ordinance authorizes individuals absent from town or unable to appear in person to vote by absentee ballot, and this ordinance requires the town to follow the state-mandated absentee ballot voting procedures. 
   
     D.




 
Discussion, Consideration and Possible Vote on Resolution Regarding Charter Amendment to Clarify the Length of Time for Which Election records Must be Preserved; To Limit the Number of Freeholders Per Parcel Who Qualify to Vote; and to Clarify the Qualifications for Freeholders to Run for Town Council (Gordon)  Passed as modified by Council in that no change in the number of freeholders who can vote in municipal elections by virtue of owning the same parcel of land was approved - up to eight (8) non-resident property owners who own the same property can vote.
  Synopsis
This is a "house-keeping amendment to the municipal charter of the Town of Bethany Beach to make the charter consistent with the provisions of the state Municipal Election statute by requiring the town to include the qualifications to vote and information about obtaining absentee ballots in election notices and by requiring the town to keep election ballots and records for at least thirty days or until any pending disputes are resolved.  This amendment clarifies that individuals who are absent from the town or unable to appear in person may use an absentee ballot.  Additionally, this amendment reduces the number of individuals who may vote by virtue of being freeholders of the same parcel from eight people to two people and requires freeholders running for office to be freeholders in the town for six months prior to an election date.
   
     E.
 
Discussion, Consideration and Possible Vote on Adoption of Budget for Fiscal Year 2012 and Schedule of Fines (Dorfman)  Passed
   
     F. 
 
Discussion, Consideration and Possible Vote on Resolution Requesting the Governor to Affirm the Reappointment of Charles McMullen to the Position of Alderman (McClenny)  Passed
   
     G.
 
Discussion, Consideration and Possible Vote on Awarding Concession Submitted by Bethany Yoga Center to Offer Yoga Classes on the Boardwalk in the Summer Months (Olmstead)  Passed
   
     H.
 
Discussion, Consideration and Possible Vote on Awarding Concession Submitted by Jim Mace to Offer Tai Chi Classes on the Boardwalk in the Summer Months (Olmstead)  Passed
   
     I.
 
Discussion, Consideration and Possible Vote on Contract Submitted by Kebony for the Purchase of Kebony Boards for the Boardwalk (Graviet)  Passed
   
     J.
 
Discussion, Consideration and Possible Vote on Contract Submitted by Oceanswell, Inc. for the installation of new Kebony Boards for the Boardwalk from Garfield Parkway to Second Street (Graviet)  Passed
      
     K.

 
Discussion, Consideration and Possible Vote on Entering into an Agreement with the U.S. Army Corps of Engineers to Conduct a Feasibility Study on Tidal Flooding Problems in Bethany Beach (Graviet)  Removed from the agenda as explained earlier.
   
     L. A motion to adjourn
   
  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: 03/09/2011    
  Revised and Posted: 03/11/2011