REGULAR COUNCIL MEETING
April 7, 2008
7:00 P.M. meeting called to order
in the Council Chambers, Mayor Larry Gum presiding. Present were Vice-Mayor
Robert Bryan, Secretary Tim Hodges, Treasurer Michelle Truitt,
Councilpersons John (Jack) Wilkins, John Thoroughgood, Irene Keenan, Town
Manager Faye Lingo, Administrative Assistant Brenda Morris, Town Solicitor
Tempe B. Steen, Development Coordinator Linda Johnson, Finance Director
William Sauer. Guests see attached.
SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from
the March 3, 2008 council meeting for Council's approval. Bryan motioned,
Truitt second to approve the minutes from the March 3, 2008 council meeting
as written. Motion carried.
TREASURER'S REPORT - Treasurer Michelle Truitt presented the bills
and bank balances to Council for approval. Thoroughgood motioned, Bryan
second to pay the bills from the designated accounts as presented. Motion
carried.
MILLSBORO FIRE COMPANY - Ray Burton, President, reported the Fire
Dept. had responded to a total of 46 alarms in March with 15 in town, 26
rural and 5 assist. The EMC unit responded to 130 calls. The new fire truck
is to be on display at the Harrisburg Fire Expo and will be delivered after
that. The new ambulance that was ordered is due to be delivered the first
week of May. The town presented the Fire Co. a check in the amount of
$38,857.00 which represents the .25% of construction value on building
permit applications received by the town and set aside for fire protection
and ambulance service.
CHAMBER OF COMMERCE - No report
STREET REPORT
Street annexation: There have been cases where the Town has annexed both
sides of a road in town but did not annex the road that separates the two
properties. It has been suggested that this is the time to review those
areas to see if they can or should be annexed into town. After some
discussion it was decided that this might be a good time to appoint a
committee to review those areas and give a report to council. Mayor Gum
appointed Robert Bryan as Chairman, Michele Truitt and Tim Hodges to serve
on this committee. They will make a report to Council after they have met.
Street weight limit: It has been brought to the town's attention that the
weight limit on Northern Avenue is limited to 10,000 pounds and there may be
truck traffic that would exceed that limit. Verizon, who will be using that
road to reach their buildings on the Kersey property, will probably be
exceeding that weight limit. It was suggested that Council could request a
bond from the group that may exceed the set weight limit or possibly raise
the weight limit for that street. It was also suggested that the weight
limit be removed for Houston Ave. and Northern Ave. After some additional
discussion Thoroughgood motioned, Bryan second to modify the weight
restrictions on Houston and Northern Ave. by removing the weight
restrictions on these two streets. Motion carried.
POLICE REPORT
- On March 3rd, Cpl.
Wheatley, Pfc. S. Lowe, Pfc. Forester, Ptm. Lyons, Ptm. Ober and Ptm.
Morris attended child booster seat enforcement training presented by the
Office of Highway.
- Cpl. Legates attended
Accident Reconstruction training and Total Station training. Cpt.
Legates recertified Bridgeville P.D. on the TASER.
- Chief Murphy and Cpl.
Legates attended the CALEA Conference.
- Cpl. Legates and Cpl.
Wheatley recertified all officers on the TASER, OC spray and mobile
video use.
- Lt. Calloway is
progressing very well with the CALEA files, he is well over 50%
complete. We have started evaluating issues in the police building that
need to be addressed. There are no areas of great concern, basically we
need to relocate certain files and make minor changes to our records
storage. Surprisingly, we have found that we were already in compliance
with many of their requirements, and just need to fine tune a few areas.
- The Dodge Durango has been
completed and is in service. This vehicle is being used by the Detective
as it is not pursuit rated. The vehicle it replaced has been turned over
to maintenance. The new patrol car is waiting for an appointment to get
the graphics completed and should be completed this week. The graphics
were changed which involved more time.
- Chief Murphy awarded Cpl.
Barry Wheatley the Civilian Accommodation and Life Saving Award. This
was for his participation in the rescue of a man on March 16th at Betts
Pond. It was noted that his quick action and resourcefulness probably
saved the man's life that was rescued.
PARKS AND RECREATION :
No report
WATER/SEWER REPORT
- Indian River School
District has requested a well on their property to be used for spray
irrigation. The committee has met and discussed several options with the
representative and are waiting for their response. One suggestion was
the possibility of using the effluent from the town's waste treatment
plant sprayed on the school property instead of a well being drilled on
their property.
- Layton property request
for water and sewer service to their property was discussed. This
property is located outside the town limits on Oak Street. The Sussex
County map and parcel number is 1-33-16.00 parcel 41.00. Mayor Gum
appointed a committee, John Wilkins as Chairman, John Thoroughgood and
Irene Keenan, to meet with a representative and study the parcel and
report back to council.
- Personnel committee
report: The position of Public works Assistant was advertised and
interviews have been completed. The committee recommends that current
employee Richard Buckler fill the position of Public Works Assistant.
Hodges motioned, Wilkins second that Richard Buckler will fill the
advertised position of Public Works Assistant. Motion carried.
- Wastewater change order:
Council was informed there is a change order #3 for the wastewater
improvements. This is in reference to the primary electric service which
will result in an increase of $25,507.37 in the contract. Thoroughgood
motioned, Bryan second to authorize the change order #3 for the
wastewater improvements which will result in an increase of $25,507.37.
Motion carried.
MAYOR'S REPORT
The tax assessment list is
posted and notices of any assessment changes are ready. The public hearing
to hear any appeals will be held at the May regular council meeting, May
5th.
Lester annexation committee report was presented to council. This is for
property on West State Street described as Sussex County Map #1-33-16.12
parcel 119.00 and 20.00. The committee has met with Mr. Lester and his
representatives and their recommendation is for a regional pump station
instead of the grinder pump mentioned on the Lester application letter. The
grinder pump would only benefit the Lester property where a regional pump
station would also benefit the surrounding properties as well as the Lester
property. Mr. Lester feels the cost to install the regional pump station
with a force main compared to the grinder pump installation cost is a
considerable difference. Estimated cost to install the regional pump station
is $173,800 and the grinder pump installation cost is $22,000. Mr. Lester is
requesting the town to provide a cost sheet to him to see if the annexation
is feasible to him. The town is waiting to hear from Mr. Lester.
Wharton's Bluff: Council was informed that a committee needs to be appointed
for review of Phase II. This is the area that was restricted from
development due to the presence of an eagle nesting in that area. As the
eagles have left and not returned DNREC is now allowing work to take place
and the developers are ready to present their plan for Phase II of Wharton's
Bluff. Mayor Gum appointed John Wilkins- Chairman, John Thoroughgood and
Irene Keenan to meet with representatives from Wharton's Bluff to review
Phase II and make a report with their recommendations to council.
Monroe Square: The developers received final plan approvals for Monroe
Square on October 2, 2006. Their time has lapsed and they are now asking for
a renewal from council. The original committee has met to review the plans
and is agreeable to the renewal. There have not been any changes and they
have received their approvals or renewals from the required state agencies.
Bryan motioned, Wilkins second to extend the final plan approvals for one
year starting April 7, 2008. Motion carried.
Hispanic Festival: El Centro Cultural Inc. has once again requested use of
the W.B. Atkins Park for their Festival Hispano 2008. They are requesting to
use the park on August 24, 2008 from 12:00 noon until 7:00 PM. Bryan
motioned, Wilkins second to approve the use of the W.B. Atkins Park on
August 24, 2008 for the Festival Hispano 2008 as requested by El Centro
Cultural Inc. Motion carried.
Board of Election: Due to new regulations passed by legislature the town
will need to appoint an independent Board of Election. This board must
consist of at least three members and they must reside in the town limits of
Millsboro. This board will oversee any municipal elections taking place
within the town. The appointment will be for one year. Names submitted for
approval are Kathy Miles of 319 E. Church St., Reginald Brittingham of 54
Millstone Lane, Sandra Brigandi of 27 Hunters Pointe Drive and alternates
Yvonne Hastings of Brandywine Apts. Unit 808 and Helen Jackson of 105
Peachtree Lane. Thoroughgood motioned, Wilkins second to approve the names
as submitted for the Board of Election for a one year appointment. Motion
carried.
Plantation Lakes Dedication: Town Solicitor Tempe Steen gave an update of
how the paperwork is coming for the land dedication from Plantation Lakes.
They are still working on language and details of the documents but there
have been no changes from what was presented at the previous council meeting
in March
Town Solicitor/Legal Representation: The town has been informed that current
Town Solicitor, Tempe Steen, will no longer be an attorney, of counsel with
Tunnell & Raysor, P.A, effective April 16, 2008. She is joining James F.
Waehler, Esquire, and Mary R. Schrider-Fox, Esquire in the formation of a
new law firm to be know as Steen, Waehler & Schrider-Fox, LLC, to be located
in Bethany Beach, Delaware. Council was asked to decide if the town wants to
continue to work with Ms. Steen as the town's solicitor under the new firm
or continue with Tunnell & Raysor. After some discussion Thoroughgood
motioned, Truitt second to continue to work with Ms. Tempe Steen, Esquire as
the town solicitor under the new firm with the same terms as are now in
place. Motion carried.
Personnel Committee: Council was informed the personnel committee is in the
process of reviewing job descriptions and employee benefits for a report to
council.
Wilkins motioned, Thoroughgood
second to recess the Regular Council meeting at 7:30 P.M., and to enter into
an Executive Session at 7:40 P.M. to discuss legal and personnel issues.
Respectfully submitted,
Tim P. Hodges Secretary
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