| |
|
|
|
| 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. |