REGULAR COUNCIL MEETING
October 6, 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, Town Solicitor Tempe
B.Steen, Administrative Assistant Brenda Morris, Development Coordinator
Linda Johnson, Finance Director William Sauer. Guests see attached.
SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from
the September 2, 2008 council meeting for Council's approval. Bryan
motioned, Wilkins second to approve the minutes from the September 2, 2008
council meeting as written. Motion approved unanimously.
TREASURER'S REPORT - Treasurer Michelle Truitt presented the bills
and bank balances to Council for approval. Thoroughgood motioned, Hodges
second to pay the bills from the designated accounts as presented. Motion
approved unanimously.
MILLSBORO FIRE COMPANY - President Ray Burton presented to Council a
written report showing the total number of Fire/EMS alarms and calls that
have been responded to for the 2008 year through August. Fire alarms
responded to were 43 and EMS calls were 170 with 124 patients transported.
He reported that all the necessary paperwork has been signed for the
purchase of the new fire truck. President Burton thanked the council for
approving resolution which will allow town employees, who are firemen, to
respond to fire alarms while working. Mayor Gum presented President Burton
with a check in the amount of $23,744.70 for Fire Protection and Ambulance
Service impact fee.
CHAMBER OF COMMERCE - Chamber of Commerce Director, Fran Bruce, was
not present tonight to give a report but it was noted she has been working
with the Chief of Police and Councilman Thoroughgood on their upcoming
events.
STREET REPORT - No report
PARKS AND RECREATION - Councilman John Thoroughgood requested to use
the bandstand in Cupola Park for another Concert in the Park. He would like
to host the Funsters band on October 26th from 5-7 PM. The previous two
events did go well and he anticipates this would be well attended also.
Wilkins motioned, Bryan second to approve the request to hold another
Concert in the Park, hosted by John Thoroughgood, on October 26th from 5-7
PM. Motion approve unanimously.
POLICE REPORT
- Chief John Murphy
presented the monthly report to Council. D/Cpl Legates attended
Pedophile Investigations at DSPTA on September 3rd.
- Sgt. Lowe attended Police
Management Fundamentals at DSPTA on September 11th. Ptlm. Lyons and Ptlm.
Morris attended Officer Survival at DSPTA on September 15-17th
- Lt. Calloway is preparing
for our mock assessment in November. Our assessors will be from the
Dover Police Dept., University of Delaware Police Dept., Division of
Fish and Wildlife Enforcement and the Bethany Beach Police Dept.
- Lt. Calloway was selected
as the Delaware League of Local Governments Municipal Police Officer of
the Year. He was presented with the award at a dinner Sunday at the
Dover Sheraton.
- Chief Murphy reported on
the new GEO FENCING using the GPS systems which have been placed in
patrol cars. Using this system a zone has been created around Millsboro
Village, as an example, that will allow a report to be created showing
the date, time and patrol car number that has entered Millsboro Village
for patrol or answering a call. This is a great tool to assure that
proper coverage is being provided.
- Charlie Hudson, Millsboro
Middle School, has contacted the police department with a request that
the School Resource Officer program start up again. The school district
has $15,000.00 set aside to cover one year. Chief Murphy reported he has
not noticed any problems since the school reopened for this school year
and would not foresee needing an officer there more than at lunch time
occasionally and possibly in the mornings or afternoons as students are
loading buses. Officer Berrios would be the obvious choice to fill this
position as he has had the School Resource Officer training. There would
be a limit on the number of hours he would spend there and would be at
his discretion. A suggestion from Council members is to train other
officers to help fill this position as needed. After some discussion
Mayor Gum appointed a committee to meet with Chief Murphy, Charlie
Hudson and Solicitor Tempe Steen to review the draft agreement and bring
a report back to Council. Committee members appointed were Bob
BryanChairman, Michele Truitt and Tim Hodges.
- After some discussion
Keenan motioned, Truitt second that Trick-or-Treating, in the Town of
Millsboro, take place on Oct. 31st from 6-8 PM for children 12 and under
in costume. Motion approved unanimously. Chief Murphy informed Council
the Police Dept. would like to sponsor a"Millsboro Night Out" on
Halloween night, the 31st, from 6-8 PM. This would be modeled after the
National Night Out which is held in August each year. The event's
purpose is to increase communication between police and residents and
provide safety information to children. The event will take place in the
field next to the Dairy Queen. Goodie bags, bike helmets and more have
been scheduled to be handed out as well as an opportunity to check out
police cars and motorcycle. Thoroughgood motioned, Bryan seconded to
approve the Millsboro Night Out on October 31st as discussed to be
sponsored by the Millsboro Police Dept. Motion approved unanimously.
- Chief Murphy requested new
hire confirmation. Bryan motioned, Wilkins second to table this until
Executive session. Motion approved unanimously.
WATER AND SEWER REPORT -
The water treatment plant improvements have been advertised with the bid
opening scheduled for October 23, 2008 at 3:00 PM. The town should have an
engineer's recommendation for the November 3rd council meeting. The new
headworks building at the wastetreatment plant is up and running. There were
a few bugs in the beginning with the alarms but this has been adjusted.
A sewer adjustment has been requested by John Thoroughgood, 32 Millers Run,
due to a water leak. This will be adjusted as allowed by the town ordinance
with the sewer portion being adjusted and all water usage paid for.
MAYOR'S REPORT
Conditional Use Renewal-J & Y Parker Family Limited Partnership has
requested a conditional use renewal for 332 Main Street, apartment 1,
located over the warehouse. This is for a residence in an Urban Business
zoning. The office has not received any negative comments in the past year.
After some discussion Wilkins motioned, Truitt second to grant a one year
conditional use renewal for 332 Main Street, apartment 1, as requested by J
& Y Parker Family Limited Partnership. Motion approve unanimously.
Conditional Use Renewal-Home Town Properties has requested a conditional use
for the shed behind the business/residence located at 317 Main Street. After
some discussion Wilkins motioned, Truitt second to approve a conditional use
requested by Home Town Properties for a shed as an accessory use to an
existing commercial building located at 317 Main Street for eight months at
which time this conditional use and the conditional use for a residence
above the business at this address will be combined into one conditional use
application. Motion approve unanimously.
Personnel Policy Amendments - The personnel committee has been working on
the existing policies and several recommendations to present for Council
approval.
1) The first involves the benefit table which changes the listing of
the benefits by adding Delaware State Police Federal Credit Union; changing
the name of the Delaware Federal Credit Union to DEL ONE; and noting that
the County and Municipal Pension Plan is two separate plans, one for Police
employees and one for Civilian employees. Bryan motioned, Thoroughgood
second to approve the changes to the listing of the benefits on the Employee
Benefit Table, 3-l, as recorded above. Motion approve unanimously.
2) The second amendment addresses how time is logged for voluntary
response to fire calls from employees that are qualified to assist.
Thoroughgood motioned, Hodges second to approve the resolution to amend the
"Town of Millsboro Personnel Policies", relating to subsection 5-2, Special
Leave, by clarifying the conditions by which a volunteer fire fighter may
respond to a fire call. Motion approved unanimously.
3) The next change would allow employees to use three sick days, 24
hours, as personal days. Bryan motioned, Thoroughgood second to approve the
resolution to amend the "Town of Millsboro Personnel Policies:, relating to
subsection 5-7, Sick Leave, to provide for a maximum of three days of sick
leave that may be used for personal reasons. Motion approve unanimously.
4) The personnel committee is also making a recommendation changing
how and when employees begin to accumulate their vacation time. Bryan
motioned, Truitt second to approve a resolution to amend the "Town of
Millsboro Personnel Policies", relating to subsection 5-8, Vacation, to
provide that accrual begins upon hiring and may be used as accrued. Motion
approve unanimously.
5) A recommendation was made to address employee use of tobacco
products on town property and during working hours. Right now the existing
policy addresses smoking and the suggestion is to include other tobacco
products such as chewing tobacco. Bryan motioned, Wilkins second to approve
a resolution to amend the "Town of Millsboro Personnel Policies", relating
to subsection 4-13, Smoking in the Workplace, to expand subsection B,
Prohibited Practices, to include other tobacco products including but not
limited to chewing tobacco. It was also suggested to change the title of
subsection 4-13 to read "Use of Tobacco Products". Motion approve
unanimously.
6) The personnel committee also discussed changes to the employee
medical insurance coverage that would address Medicare as a primary
insurance when an employee reaches age 65. Bryan motioned, Wilkins second to
approve the resolution to amend the "Town of Millsboro Personnel Policies",
relating to subsection 3-5, Group Medical Insurance, to clarify that an
employee must enroll in Medicare parts A and B upon becoming eligible.
7) BJ's membership - The town has received information concerning
membership to BJ's for employees through the town. After some discussion
Wilkins motioned, Thoroughgood second to decline membership for employees
through the town as Council members felt it could become a liability issue.
Motion approve unanimously.
Minor Subdivision Application - The Town has received a preliminary plan for
a project, Millsboro Commercial Property, prepared by Van Cleef Engineering
Associates. The applicant is proposing a Minor Subdivision of 3.79 acres
into three parcels. Craig Shannon, engineer for Van Cleef Engineering, was
present to present the preliminary plan and answer questions. Mr. Shannon
explained that they are proposing parcel one would be the site of a 3,200
sq. ft bank, parcel 2 a 4,800 sq. ft. retail building and parcel 3 a 42,000
sq. ft. hotel. The property is located between Mitchell Street and US 113
next to Arby's described as Sussex County Map No. 2-33-5.00 parcel 10.00.
Mr. Shannon informed Council that the project has received preliminary
comments from the Fire Marshall's office, reduced the number of parking
spaces as suggested to them by URS. It was also noted that the property does
have an easement agreement allowing them usage of the M&T Bank road. Tempe
Steen, town solicitor, informed those present and Council that this may end
up being a major subdivision due to the ownership of the road they will be
using and a zoning code issue. Mayor Gum appointed a committee to study this
request and to submit a report to Council. Committee members appointed are
Jack Wilkins-Chairman, John Thoroughgood and Irene Keenan.
Burton's Crossing/Site Plan Amendment - Burton's Crossing is zoned High
Density Residential and they are asking permission to add patios to some of
the units that will encroach into the setback area. This is not a site plan
amendment that council needs to take action on. It will actually go to the
Board of Adjustment where they will seek a variance request.
Wilkins motioned, Thoroughgood second to recess the Regular Council meeting
at 8:15 PM and to enter into an Executive Session at 8:20 PM to discuss
legal and personnel issues.
Respectfully submitted,
Tim P. Hodges
Secretary
|