December, 2006

THE PRESIDENT^'S MESSAGE

The Bethany Beach Landowners Association (BBLA) is an organization whose primary purpose is to foster awareness of public matters affecting the interest of property owners in Bethany Beach and to take action when necessary to protect such interests. It was founded in 1969 and has a proud history.

BBLA is sending this newsletter to all property owners in Bethany Beach, whether or not they are up to date on their dues. I would encourage anyone who is not up to date to send in their dues. They are a nominal $10 per year and ensure you receive our (now) quarterly newsletter and e-mail updates, as desired. To most landowners, their investment in their property is significant and the investment in BBLA is well warranted. The e-mail list is private and is not shared.

While BBLA has a proud history, it continues to evolve. Thanks to Cathy Phillips and Dan Costello, our Newsletter editors, for putting a new face on the BBLA Newsletter. In addition, BBLA will soon have a new website, that will contain useful information and links, and frequent updates.

BBLA's highest current priority is beach replenishment. Other issues the Board is following include the Town's effort to ensure that non-resident property owners can continue to vote by absentee ballot after the Delaware legislature changed a law.

Regarding beach replenishment, we are awaiting action by the U.S. Congress to approve $3 million. This will add to the $3 million passed last year. However, even with this second $3 million, we are way short of getting the full funding of the project, which is required before the project can be started. The towns of Bethany and South Bethany are working to get the additional funds, but it has been tough.

BBLA is also working hard on this. We are actually discussing whether we should hire our own lobbyist to assist

in this effort. To do that we would need to raise the money to retain an experienced lobbyist, and they don't come cheap. I ask you, as part of our discussion, if you would support this effort with a contribution of $50 to $100 over and above the dues to hire this person? And, would you support us going outside our membership to seek funding from others to increase our efforts in this cause? If you can help or have any suggestions, please give me a call at (202) 887-1461, or email me at jhimmelberg@oconnorhannan.com.

Again, please remember to send in your thoughts, questions, and your dues payment. On behalf of the officers

and directors of BBLA, we hope you and your family had a happy Thanksgiving and we wish you a blessed Christmas, Happy Holidays, and a happy and healthy New Year.

John Himmelberg, President

NEWS FROM THE EDITORS

We will be sending the BBLA newsletter to paid-up members of the Bethany Beach Landowners Association four times annually, roughly marking the seasons. Many landowners have expressed a desire for a written newsletter, and others like the periodic e-mail messages. We will make use of both forms of communication.

Our intent is to provide information about public policy activities of interest to Bethany Beach's townspeople and to promote greater public involvement in these activities. Bethany Beach is our beat, but Sussex County and Delaware activities will be reported on from time to time.

The newsletter wants your active involvement. Tell us what you like or don't like about what we are doing. Suggest issues you would like covered. You can always write to us at BBLA, P.O. Box 401, Bethany Beach, DE 19930 or you can contact Cathy (ccpdsp@aol.com) and Dan (danofbethany@aol.com) via email.

Cathy Phillips & Dan Costello

BEACH REPLENISHMENT UPDATE

As many readers know, Congress appropriated $3 million for Bethany's beach replenishment last year and has yet to finish work on an appropriations measure that may add another $3 million this year. Delaware - the project manager - is ready to huddle with the U.S. Army Corps of Engineers, as soon as the amount of this year's appropriation is known, to review critical choices about whether work is needed now, what sort of project can be designed with the money available, and when the work can start.

Delaware prefers a Bethany-South Bethany project similar to what was done for Fenwick Island & Rehoboth-Dewey, the ambitious and expensive ($25 million total) "50 Year Beach Reconstruction" that would widen beaches dramatically, create new and bigger dunes, and require periodic (and much less costly) infusions of additional sand over the life of the project. No one really knows how quickly the federal balance of $8 or $9 million for the big project will be appropriated or whether the existing, very precarious status of the beach will improve by natural means.

The Town Council, its Intergovernmental Relations Committee, and your BBLA Board have all declared beach replenishment their Number One priority and are working on ways to secure both this year's $3 million and a much larger appropriation next year. Delaware's Congressional delegation is very actively involved, but as you saw from the President's message, many in BBLA believe that a much more ambitious federal lobbying effort is needed to achieve these goals.

ELECTION RESULTS

On September 9th, 842 Bethany voters chose to return two of four sitting councilmen and to elect two new members.

The winners were councilmen McClenny and Dorfman, and challengers Steve Wode and Tracy Mulligan. Councilmen Killmer and Steele were very narrowly defeated.

When the newly elected council met to organize, incumbent Mayor Jack Walsh was denied a second term as mayor and resigned on the spot from council. Several days later, the new council chose to fill the vacancy with Lew Killmer - the narrowly defeated councilman. The Town Charter permits council to fill vacancies, but does not spell out how and when they are to be filled. There was some discussion about the value of seeking public input before filling council vacancies, but a majority decided that, in view of the just completed election, choosing the candidate with the next highest number of votes made sense. Killmer had lost by one vote and Steele by two. Whether this becomes a precedent for filling vacancies in the future remains to be seen.

ABSENTEE BALLOTS REJECTED

Fifty of the 261 absentee ballots received at town hall were rejected and not counted. The council's Election Committee, acting on the advice of the town's lawyer, followed the exact letter of the law and disallowed ballots that deviated in any way from the instructions the town provided with absentee ballots. Irregularities included failure to properly seal envelopes and the placement of documents like the ballot itself or the voter's proof of identify in the wrong envelopes.

Council asked its Charter and Ordinance Review Committee (CORC) to examine the absentee ballot situation to see if changes in the law or instructions were warranted. The rejection of 20 percent of absentee ballots caused quite a stir, and BBLA's Board of Directors will be working to make sure that Bethany townspeople can have confidence that their absentee ballots will be counted.

CORC Chairman McClenny pledged to conduct a thorough review of the situation and make appropriate recommendations for changes so that absentee voting is less cumbersome, and the instructions are as clear and concise as they need to be. To the extent that the committee seeks public involvement in its deliberations, BBLA will actively participate and urge appropriate changes.

CORC is also working hard to resolve a flaw in a new Delaware election law that may make it extremely difficult for non-residents to even request absentee ballots for Bethany municipal elections. BBLA is following this issue very carefully as well.

RESIDENTIAL HEIGHT/ROOF PITCH REFERENDUM LEADS TO ORDINANCE REPEAL

Whether you believe that the April 21, 2006 ordinance was really about roof pitch and aesthetics or taller houses and more bulk, you may get another chance to voice your views if council revisits the issue.

The summer-long drive for signatures on petitions to repeal the April 21st ordinance - permitting an increased height for structures in a residential area (R-1) as long as a sharper roof-pitch was employed on at least 60% of the roof line - was successful. By a vote of 4 to 2, council decided to repeal Ordinance 412, and by a vote of 6 to 0, to ask the Planning Commission to revisit the matter. Mayor Olmstead, in offering the motion to repeal the ordinance, stated her view that the ordinance had been an attempt to address issues of aesthetics and encourage architectural diversity, but that its intent had been misunderstood and that it was confusing. The petition drive is the first and only use of charter referendum provisions adopted 20 years ago.

Referendum supporters are hoping that the Planning Commission, perhaps as part of its preparations for a review of the Town Comprehensive Plan, will address citizen concerns with the bulking up of structures in residential parts of town, and the effects the structures are having on Bethany's community character, especially east of Route 1.

MINIATURE GOLF

The owner of a corner lot at North Pennsylvania Ave and Central Boulevard asked for and received permission from the town's Board of Adjustment to construct and operate a themed miniature golf or putt-putt facility there. The lot is zoned commercial but bordered on its two, non-street sides by residences. The lot is directly across Central Boulevard from the Christian Church Disciples of Christ property.

There is solid support within Bethany for miniature golf, but also questions about and objections to the project. The church and nearby neighbors have hired a lawyer, and it is likely that the decision regarding miniature golf as an appropriate use on the lot will be appealed. BBLA members who feel strongly one way or the other should make their views known to the town council.

BBLA is monitoring developments closely and is urging council to use its good offices to find an accommodation that will be acceptable to the property owner and townspeople. Questions have been raised about the theming design. Will it be big and bulky like ones in Ocean City or a design more suited to Bethany's "quiet resort" image? Will issues about lighting, fencing, hours of operation, and noise levels be fully aired? Will the new commercial architecture review group be asked to pass judgment on the facility and its themed design?

CONDOS AND TRENDY SHOPS IN STORE FOR BLUE SURF PROPERTY

Bethany's brand new Commercial Design and Review Committee enthusiastically endorsed the design submitted by the McCabe family, owners of the venerable Blue Surf, for three stories of shops and condos that they hope to build after the 2007 season. The plans take full advantage of new construction allowances that the council approved this year and could well define the look of Bethany's commercial future. Driven by the town's new rules, the Blue Surf project could lead to big and dramatic changes in the way the boardwalk, Garfield Parkway and the rest of the C-1 commercial area look and feel.

There are many more approvals to be secured for the new structure before construction begins, but the Commercial Design and Review Committee loved the multi-turreted design and gave the project a rousing send-off. When next in town, stop by the Building Inspector's office in town hall and take a peek at the drawings and artist's renderings.

GARFIELD PARKWAY BEAUTIFICATION

At its October 20th meeting, town council voted unanimously to scrap the latest of several proposed plans for an ambitious and expensive beautification of the downtown commercial area. The council opted for a less-costly, scaled back beautification effort that involves primarily moving or burying utilities, additional amenities, and revamped sidewalks.

When the project was first conceived four years ago, town fathers anticipated that 80% of the project's eligible costs would be paid for by the Delaware Department of Transportation's transportation enhancement program. The more ambitious streetscape project included a net loss of parking spaces on Garfield Parkway and thus ran into strong opposition from business owners. The state has reduced the amount of funds it will award individual projects. Costs of project work that the town itself would have to pay for have risen. Business community opposition and a decline in town revenue combined to help lessen enthusiasm for the larger project.

Business owners and others suggested to the council some time ago that a scaled back, "as is" project might be more prudent and feasible, and news of a substantial decline in anticipated town revenue from transfer tax receipts helped generate support for a "less is better" streetscape project for Garfield Parkway.