The Fenwick Island Town Council met on July 25 with another agenda full of items.
The council approved Resolution #28-2008 Fenwick Island Beach Patrol Proposed Policy Manual. They also approved the motion to allow the town manager to purchase a new Crown Victoria for the police department. Other makes and models were researched for gas mileage, according to Chief William Boyden, but size-wise the Crown Victoria makes sense because of all of the mandated equipment the patrol officers must have within their vehicle.
The council approved a motion to support Sen. George H. Bunting’s legislation allowing property owners in the BBVFC district to vote on whether or not to impose an ambulance fee on all incorporated and unincorporated properties. “What this is,” said Mayor Audrey Serio, “is reiterating that everyone should pay their fair share of the ambulance service. The legislation would approve a bill to give us the ability to have a referendum.” She mentioned that the bill was not new, it was something that was introduced previously by Bunting but had been tabled. “It’s a no-brainer” added Councilman Todd Smallwood.
Council approved a first second reading on Section 112-6 Parking for handicapped persons and added a new item #8, describing consequences for violaters: a $100 mandatory fee for a first offense, a mandatory fine of $200 for a subsequent offense or a term of imprisonment of not less than 10 days nor more than 30 days, or both.
Councilman Wiliams Weistling withdrew the motion to for a second reading of Section 160-2B; 160-5A and 160-5C Zoning/Commercial Zone to consider public comments and to re-visit the wording of “average minimum lot.” Weistling also withdrew the motion for a first reading on an amendment to the town’s charter, Chapter 302, Volume 49 regarding “borrowing of money and issuing of bonds” so they could look at the wording of a few sections.
Council approved a first reading on Section 61-1 Building and Utility Permits and 61-7 Utility Construction Policy. Councilman Weistling said the purpose of 61-17 was to have all new construction utility lines buried underground, and although the council discussed the safety of all-underground utility wiring for all new construction, they approved the motion.
“When Delmarva Power was here, did they not say that was not the best way to go because of our high alkaline soil and it takes much longer to restore service,” asked Councilman Gardener Bunting. Councilwoman Vicki Carmean answered that pros and cons were given of each way and the council decided to add “from pole to house or commercial building” to the end of the sentence regarding undergound lines so as to avoid confusion.
Council approved a first reading of Section 112-5 Determination of Council Issuance of Permits and 112-8 Violations and Penalties. Section 112-5 adds the line that all parking tages need to be hanging from the rear view mirror because it was not specified before. Section 112-8 was changed based on a recommednation by the Attorney General based on cases out of New Castle County to identify parking fines as civil rather than criminal offenses.
Council approved a first reading of Section 160-7 Off-Street Parking regulations to add the word “apartment” in addition to the single family dwelling and townhouse that were already written into the code.
Council also redefined the first reading of Section 160-5C (Commercial Zone) area regulations. It had been withdrawn at the June council meeting and a paragraph about impervious materials has been added: “No part of any required building setabck area in the front, rear, or side of any lot in the Commercial Zone may be covered or paved with with impervious or semi pervious materials such as concrete, asphalt, brick, flagstone etc.” Wiestking reminded council that any changes made require a public hearing before the next council meeting.
Carmean submitted a proposal for the discontinutaion of the use of water coolers in Town Hall and in the Public Works building but was voted down 4-2 with Smallwood, Serio, Councilman Gardner Buting and Councilwoman Diane Tingle dissenting.
In the public particiaption of the meeting, resident Vicki Rhyman presented council with a 261-signature petition collected to show the town’s opposition to any raising of the 30 foot height restriction. She wanted the council to send it to Charter and Ordinance and if they could not vote “no” to at least survey the town’s property owners if a referendum was not possible and to which she received lots of clapping from the audience.
Serio answered that it will go to Charter and Ordinance as always and noted that they can’t vote on anything that is not on the agenda.
Resident Harry Haon read from the Comprehensive Plan and stated that the plan supports the 30 foot height limit no less than three times. He also mentioned that if raised 34 feet above base flood elevation the houses would be two to four feet higher than the street and buildings would average 37 feet compared to the present day limit of 30 foot and that would be higher than any of the coastal towns.
Resident Chuck Welsh reiterated both of those views stating that he couldn’t imagine the council not going with what the people of the town want. “If no referendum is available, then council needs to re-think their point of view. I can’t imagine the council voting for something the town is against,” he said.
Serio noted no decision had been made yet. She also mentioned that there will not be an election this year but there will be an re-organization meeting of officers on Aug. 11.
In other news:
• Lifeguards were busy with six resuces in one day in late July, all of whom were children ages 7-10 according to Captain Tim Ferry. Town Manager Tony Carson gave kudos to Ferry for a “job well done.”
• Town manager Tony Carson said the town recycled 19,160 pounds and it keeps rising each month with well over 300 people signed up.
• Patti Grimes presented Serio with a check from the Joshua M. Freeman Foundation for $750 for a beach wheelchair.
• Smallwood thanked everyone involved for the “biggest ever” bonfire. He noted that they raised $1,000 more than last year.