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 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.

MINUTE OF SILENCE - Mayor Larry Gum asked those present to be part of a minute of silence in memory of Councilman John (Jack) Wilkins who passed away on January 15th. Mr. Wilkins was a councilman from 2002 -2009.

Public Hearing/Amend Comprehensive Plan - Mayor Gum opened a public hearing to discuss a resolution before Council that would amend the town's Comprehensive Plan, Future Land Use Map #7, "Future Land Uses" and Map #8, "Annexation Area" to expand the annexation area for the town and to designate proposed future land uses for certain properties to be included in the annexation area. Tax map parcel numbers included in this request are 1-33-11.00 parcels 3.00; 4.00; 5.00; 6.00 and 7.00; 1-33-15.00 parcels 30.00 and 30.01; and 1-33-16.00 parcels 75.00 and 75.03. Bryan Hall, Office of State Planning, was present to speak to Council concerning this request and the State's comments. The application is on file with the state and the State PLUS review meeting has been scheduled at the end of the month with this request on their agenda. The state would like to work with the town with this change request as an amendment before the town's Comprehensive Plan is renewed. There has been no response from the county. Tempe Steen, town solicitor, recommended to the Council that the effective date for this change to the Comprehensive Plan be set when the Office of State Planning has accepted and confirmed the request. Bryan motioned, Truitt second to approve amending the Comprehensive Plan for The Town of Millsboro dated May 17, 2004, amending Map #7, "Future Land Uses", and Map #8, "Annexation Area" to expand the annexation area for The Town of Millsboro and to designate proposed future land uses for certain properties be included in the annexation area: Tax map/parcel numbers 1-33-11.00 parcels 3.00, 4.00, 5.00, 6.00, 7.00; 1-33-15.00 parcels 30.00 and 30.01; 1-33-16.00 parcels 75.00 and 75.03, with the effective date set as the approval date from the Office of State Planning. Motion approved unanimously.

Public Hearing - Amend Zoning Ordinance/ PC District - Mayor Gum opened a public hearing to discuss a resolution before Council that would amend the zoning ordinance of the town changing the title of the "Planned Commercial (PC) District" to "PCD" District. Town Solicitor, Tempe Steen, informed Council that this is a housekeeping item that would make the language in the ordinance match what the town is saying. Thoroughgood motioned, Hodges second to approve amending the zoning ordinance of The Town of Millsboro, Sussex County, Delaware, Chapter 210, Zoning, Article IV, District Regulations, subsection 210-21, "Planned Commercial (PC) District" to change the title to "PCD" District. Motion approved unanimously.

Public Hearing - Amend Zoning Ordinance/Add LSCOD District - Mayor Gum opened a public hearing to discuss a resolution before Council that would amend the zoning ordinance of the town by adding a new section to be designated "Large Scale Commercial Overlay (LSCOD) District. This would provide the town with greater regulated development and also more flexibility with guidelines. After some discussion Thoroughgood motioned, Bryan second to approve amending the zoning ordinance of The Town of Millsboro, chapter 210, Zoning, Article IV, District Regulations, by adding a new section to be designated, subsection 210-24, "Large Scale Commercial Overlay (LSCOD) District" and providing regulations therefore. Motion approved unanimously.

Public Hearing - Amend Zoning Ordinance/Zoning Districts Review Process - Mayor Gum opened a public hearing to discuss a resolution before Council that would amend the zoning ordinance of the town by adding the "PCD" and "LSCOD" Districts to the same review process as required in the zoning ordinance for the "RPC" District . After some discussion Thoroughgood motioned, Hodges second to approve amending the zoning ordinance of The Town of Millsboro, Chapter 210, Zoning, (1) Article IX, "Administration and Enforcement", subsection 210-66, "Building Permit and Site Plan Review Procedures", subsection D and subsection D(1) by adding "PCD" and "LSCOD" Districts; and (2) Article XI, District Changes and Amendments, subsection 210-70, Amendments, subsection H, "Procedure for RPC District" by adding to the end of the title, "PCD District and LSCOD District" and including the said districts in the review procedures. Motion approved unanimously.

Public Hearing - Amend Zoning Ordinance/Municipal Functions - Mayor Gum opened a public hearing to discuss a resolution before Council that would amend the zoning ordinance of the town by clarifying that municipal functions are exempt from the application of the Town's zoning regulations. After some discussion Bryan motioned, Truitt second to approve amending the Zoning Ordinance of The Town of Millsboro, Chapter 210, Zoning, Article I, Title and Purpose, subsection 210-5, "Uses Not Expressly Permitted", by clarifying that municipal functions are not subject to the provisions of this chapter. Motion approved unanimously.

Close Public Hearings - Thoroughgood motioned, Bryan second to close all public hearings. Motion approved unanimously.

SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from the January 5, 2009 council meeting for Council's approval. Bryan motioned, Truitt second to approve the minutes from the January 5, 2009 council meeting as written. Motion approved unanimously.

TREASURER'S REPORT - Treasurer Michelle Truitt presented the bills and bank balances to Council for approval. Bryan motioned, Keenan second to pay the bills from the designated accounts as presented. Motion approved unanimously.

MILLSBORO FIRE COMPANY - Ron O'Neal, President, gave the Millsboro Fire Company monthly report. Quotes for roof repairs are being accepted on the repair of the fire house roof, including the sealing of flashing and addition and repositioning of downspouts. Quotes received so far range from $11,000 to $14,000. A committee has been appointed to provide specifications on the purchase of a new ambulance. This unit will be basically identical to the ambulance purchased and put in service in May of 2008. Once the motion has been received from the Company membership to purchase the unit, turnaround time is 5 to 6 months for delivery with an estimated cost of $165,000. Three laptop computers have been purchased for the purpose of installation into two ambulances and our first run engine. These laptops will be equipped with software developed by the County, tying us into the Sussex County Emergency Operations Center and allowing real time mapping and emergency dispatch capabilities. The first of these units should be installed sometime in February. Currently two of our full time EMS members are out on medical leave and their shifts are being covered by part time applicants, hired specifically for this coverage and for running "10-11's", or second emergencies in our district. With volunteerism being reported as being down across the state and the entire country, MFC has been fortunate to receive numerous membership applications in the past few months, for both Fire and EMS. Three new members were accepted in December and one in January. Three applicants will be presented to the Company for voting at the February meting and four more applications are currently being reviewed by the Investigation Committee. The Fire Company's Annual Fellowship Evening will be held on Friday, February 20, 2009, beginning at 7 PM at the Fire Company Banquet Hall. The evening allows for an opportunity to meet the new Administration and Line Officers for 2009, as well as share in fellowship and good food with members of neighboring fire companies and friends and supporters of the Fire Company. All members of the Millsboro Town Council are invited.

CHAMBER OF COMMERCE - Director Fran Bruce reported Chamber coming events to Council and those present. Ms. Bruce informed Council and those present that Delmarva Power will be holding a community meeting, Wednesday, February 4, 2009 to make available information to the public concerning the proposed Mid-Atlantic Power Pathway (MAPP). This is a planned 500-kilovolt transmission line which will enhance electric reliability for the Mid-Atlantic region. Part of the proposed transmission line will go through Delaware and part of Sussex County. The Chamber will be having a reorganization of the board. Ms. Bruce informed Council that 2008 rentals of the civic center were down due to the economy. Ms. Bruce told council that as the middle of the week is now available due to the Senior Center moving into their new facility she would like to see some advertising done to promote middle of the week rentals such as business luncheons.

STREET REPORT - The town has received a complaint concerning the use of Godwin Street. Trucks are using this as a shortcut from Monroe to State St. and causing some damage to a resident's property. The problem with the town doing anything with this street is that only part of it is in town limits and the town is not sure how much of that street is under their jurisdiction. The first few feet from Monroe St. and that part of the road adjacent to the St. Helen's development is in town, but we are unsure who owns the rest. It was noted that part of this street is paved, part dirt and it does go across an unimproved railroad crossing. A suggestion was made to create an ordinance that would restrict truck traffic. It was noted that Town Solicitor, Tempe Steen, would need to do a full scale search to see who owns what on Godwin Street. Councilman Thoroughgood felt the town needs to find out if this road was created as a private driveway for those properties that are located along Godwin Street. Tempe Steen feels this is a private road but within town jurisdiction. Councilman Hodges felt that the town should spend the money to do a title search and find out who owns what of this street. Tempe Steen reported to Council that she has done research to some degree but will bring back to Council the cost of a title search. She suggested that the town place a temporary no truck traffic ban on this street. Hodges motioned, Thoroughgood second that a temporary no truck traffic ban be placed on Godwin Street, from Monroe St. to State St. and that Town Solicitor Tempe Steen do a title search and seek prices for a survey not to exceed a maximum amount of $2500. Motion approved unanimously.

PARKS AND RECREATION - No report

POLICE REPORT

• On 1-21-2009 Cpl. Wheatley and Pfc. Doughty attended Sex Offender Registry training at the Dover Police Department. Officers also participated in a recertification for CPR/AED at the Millsboro Volunteer Fire Company.
• Recruit Evan Rogers is progressing well and the mid-term progress report received was good.
• Lt. Calloway gave a CALEA update. He reported to Council the annual report which describes what the department does as a whole. He also informed Council that this report is on the police website. The CALEA onsite assessment is scheduled for April 18th. The actual onsite assessment will start the 19th. Millsboro will be a pilot program for a three day assessment. The normal onsite assessment is usually four days. Lt. Calloway will be sending assessment files to the CALEA office to be given to the assessment team members that are coming to do the assessment so they can review them and make suggestions for changes before they come. The assessment team is usually a two member team and they won't know who will be on that team beforehand.
• Chief Murphy informed Council that the SALLE and EIDE grants are both on hold by the State. The town will probably not see any funds from these grants at this time. Chief Murphy asked Council if they would approve him pulling funds, in the amount of $9000.00, from the Sussex County Block Grant to help put the Police Tactical Team in place which would include one week of basic training. They would pick up the advanced training sometime in the fall most likely. The creation of a Police Tactical Team has been approved by Council previously. This money would be used for this purpose instead of the two in car cameras at this time. Thoroughgood motioned, Bryan second to allow Chief Murphy to reallocate $9000.00 of Sussex County Block Grant monies to be used for the setting up of a Tactical Team with training. Motion approved unanimously.
• Lt. Brian Calloway was presented with a proclamation from the House of Representatives congratulating him upon receiving the Municipal Police Officer of the Year award from the DE League of Local Governments.

Street Report - No report

WATER AND SEWER REPORT

• Change in impact fees - The town ordinance states that the impact fees set by the town will be increased automatically each January with the CPI, consumer price index, as established by the U. S. Department of Labor unless the Council takes action to waive the increase. This information was not available at the January Council meeting but is available to us tonight. The rate did not increase but actually dropped down. Tempe Steen, Town Solicitor, informed Council that the ordinance only states that the fees will increase if the CPI rate is raised by the government. Our ordinance doesn't instruct or address what to do if the rate actually decreases. Tempe advised that as the rate didn't increase to leave the rate as is for this year. Hodges motioned, Truitt second to leave the impact fee rates the same as in the previous year, 2008. Motion approved unanimously.
• Sewer Adjustment - Sewer cost was adjusted at 17 Kyle Circle due to a water leak that did not go into the sewer per ordinance.
• CABE Assoc. - Contract design change - Bearing Construction has requested a change to the design for the water treatment plant improvements, Contract B, due to the change in equipment selection. Bearing Construction, Inc. has requested a substitution of approved alternate equipment for the Plate Settler. The approved alternate Plate Settler impacts other equipment and building structure requiring changes. CABE has been requested by Bearing Construction, Inc., to make the necessary changes to the drawings to facilitate construction. Bearing suggested that CABE bill Millsboro directly for all work and Bearing would reimburse Millsboro for all CABE invoices. Faye had explained that she did not object if the contractor was willing to pay for it and she would like that in writing. An agreement has been received by the town with the Bearing president signing the agreement stating that they would reimburse the Town of Millsboro for the cost of this change in the amount of $9,200.00. Hodges motioned, Bryan second to approve the request for the design change to the 2008 Water Treatment ImprovementsContract B by the contractor, Bearing Construction, Inc., for the substitution of an approved alternate equipment for the Plate Settler with Bearing Construction, Inc. reimbursing The Town of Millsboro for all of CABE's invoices for the changes in the estimated not-to-exceed amount of $9200.00. Motion approved unanimously.
• CABE Assoc. - Chesapeake Tract - The Town of Millsboro has been approached with an annexation request for the Chesapeake Tract, LLC, which will be developing approximately 417 acres, which is not currently contiguous to the Town, for a horse racing track and ancillary uses. An annexation agreement has been reached between Chesapeake Tract, LLC and J.G. Townsend Jr. & Company, who own a 225 acre property that is both contiguous to the Town and the Chesapeake Tract, LLC property. The Town of Millsboro has requested that CABE Associates, Inc. prepare the Plan of Services for the requested annexations and submit the Plan of Services to the Office of State Planning. Thoroughgood motioned, Bryan second to accept the contract with CABE Associates for preparation of the Plan of Services for the Chesapeake Tract, LLC requested annexations for an estimated amount of $10,000. Motion approved unanimously.