REGULAR COUNCIL MEETING
March 1, 2010
7:00 P.M. meeting called to order in the Council Chambers, Vice-Mayor Robert
Bryan presiding. Present were Secretary Tim Hodges, Treasurer Michelle
Truitt, Council Persons John Thoroughgood, Irene Keenan, Greg Hastings, Town
Manager Faye Lingo, Town Solicitor Tempe B Steen, Development Coordinator
Linda Johnson, Finance Director William Sauer, Town Clerk Tammy Phillips.
Absent-- Mayor Larry Gum. Guests-- see attached.
SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from
the February 1, 2010 council meeting for Council's approval. John
Thoroughgood moved, Michelle Truitt seconded to approve the minutes from the
February 1, 2010 council meeting as written. Motion approved unanimously
with Mayor Larry Gum absent.
TREASURER'S REPORT - Treasurer Michelle Truitt presented the bills
and bank balances to Council for approval. Tim Hodges moved, Irene Keenan
seconded to pay the bills from the designated accounts as presented. Motion
approved unanimously with Mayor Larry Gum absent.
PARKS AND RECREATION - Millsboro Little League were asking for
permission to have a parade on Opening Day, April 17, beginning Sam - 11 am
at Millsboro Civic Center then march the players to the ball fields located
on West State Street. They have contacted the Millsboro Police Department
and needs approval from the Council if agreeable. John Thoroughgood moved,
Greg Hastings seconded to approve the Millsboro Little League permission to
have parade on April 17. Motion approved unanimously with Mayor Larry Gum
absent.
GREATER MILLSBORO CHAMBER OF COMMERCE - Chamber Director, Fran Bruce,
reported that Chamber of Commerce held a Bridal Show on February 21. Chamber
of Commerce is inviting all members to attend luncheon on March 18 at noon
at Slower Lower Delaware Restaurant with guest speaker Kenny Niblett, the
Town of Millsboro Public Works Supervisor. Chamber of Commerce is on board
with supporting the Main Street improvement. Chamber of Commerce encourages
all their members to support the main street improvement. The Chamber is
working on partnering with the Millsboro Fire Company for the annual golf
tournament.
MILLSBORO FIRE COMPANY - President Ron O'Neal reported that members
of the Fire Company provided manpower 24/7 Fire and EMS emergency response
during the recent crippling snowstorms. They had between 10 to 20 volunteers
at the station beginning Friday, February 5 through Thursday, February 11,
with stand-by crews rotating through the firehouse to provide maximum
coverage. During this time, they responded to approximately 50 emergency
calls, most requiring the response of not only an ambulance but at least two
support pieces to carry personnel for assist with patient loading and care,
and to help shoveling out when the apparatus got stuck. Many businesses in
the area aided the fire department during this time, whether opening their
stores in order for them to get supplies, helping with snow removal or
aiding our snowbound members and apparatus. Ron reported that he was proud
of the community for their assistance during this time, and extremely proud
of our volunteers who put in countless hours away from their own families in
order to provide emergency response during those harsh conditions.
County, State and Delaware Emergency Management Association representatives
are working together to compile the costs incurred by local Fire and EMS
organizations with the recent storms. This information will be tallied and
the presented under State and Federal government "state of emergency"
guidelines with the hope of being able to recoup a portion of these
expenses.
Representatives of the DVFA met with the State Joint Finance Committee this
past week to present a review of New Castle fire company budgets. The slide
presentation focuses on the 2009 budget of Five Points Fire Company as an
example of the budgetary issues experienced by all up-state Fire and EMS
organizations. Information included State grants and appropriations, costs
of equipment, yearly operating expenses, combined income, and comparisons of
2008 verses 2009 figures. The information was well received by members of
the Finance Committee, who were very surprised at the costs involved with
the operation of the Fire and EMS services. The DVFA is in the process of
creating a similar slide presentation which will focus on the issues on the
face by Kent and Sussex County organizations. Once completed, the Fire
department will forward that information to the Town for their review.
The Fire Company hosted their annual Fellowship Night on Friday, February
19, with approximately 110 people in attendance who dined on shrimp, oyster
stew, fritters and chicken wings. The annual event is intended as a friendly
gathering for surrounding fire companies as well as Town and Police
employees.
The Fire Company was invited to participate in the "Give a Kid a Smile"
event hosted by Peninsula Dental at the Peninsula Crossing Shopping Center
on Saturday, February 20. MFC Junior Limited members were on hand with Fire
Prevention information handouts and apparatus for display to the delight of
many of the children participating.
MILLSBORO POLICE DEPT - Chief Murphy reported Pfc. Lyons attended
Fraudulent Document Training on February 26 at DSPTA.
Pfc. Lyons attended Fraudulent Document Training on February 26 at DSPTA.
Sgt. Legates, Cpl. Wheatley, Pfc. Berrios, Pfc. Doughty, Pfc. Morris, Ptlm.
Moyer, Ptlm, Rogers attended D.A.R.T. training on February 25 at MPD.
Homeland Security - the threat level remains at yellow. No issues to report.
Calea Update - No issues to report.
The snow storms we experienced last month did present a few issues, none
that Chief Murphy would consider major issues. Considering the severity of
back to back storms and the wind associated with the second storm the roads
and streets were remarkably clear.
The Citizens Police Academy will be completed on March 2
STREET REPORT - No report
WATER AND SEWER REPORT - Sewer adjustment due to water leak, 399
Northern Avenue: Faye Lingo, Town Manager has made the adjustment as
ordinance allows.
Wastewater- Change order No. 5, Cabe Associates, engineering services for
Contract E, Transmission system improvements. Since the scope of the work
had not been finalized these fees were not included into the contract. It is
$81,000.00 for construction administration and $84,000.00 for inspection.
Vice Mayor Robert Bryan appointed Councilman Tim Hodges/Chairman, John
Thoroughgood as the committee to study change order no.5 and bring back
their recommendations to the council.
Wastewater - Change order No. 6, Cabe Associates, engineering services to
encompass everything from now to the end of the project. Vice Mayor Robert
Bryan appointed Councilman Tim Hodges/Chairman, John Thoroughgood as the
committee to 1 study change order no.6 and bring back their recommendations
to the council.
Water - Change order No. 3, decrease in contract price due to deletion and
adjustment of items in original contract, amount $8,910.00. Michelle Truitt
moved, John Thoroughgood seconded, to accept the change order to decrease in
contract price due to deletion and adjustment of items in original contract.
Motion approved unanimously with Mayor Larry Gum absent.
Water - consideration and status Faye Lingo, Town Manager, reported that the
Town met with representatives from DNREC, EPA, the industries, and their
engineering consultants, "Arcadis," involved in the remediation of the TCE
contamination of the Town's public water supply. Arcadis has been retained
to test and analyze data on the existing wells and new well for the Town
before the plans for clean up are completed. The concern is whether using
the Town's new deep well would negatively affect the aquifer and whether the
layer between the two aquifers (the shallow Columbia aquifer where the
Town's 3 wells are and the deeper Manokin aquifer where the Town's new well
is located). The proposal by Arcadis is to test new Well #5 which isn't in
production yet. As they would like to deal with pumping of the water from
Well #5 to see how it affects the levels, and if it does affect them then
identify this as a potential problem. In order to conduct a part of this
study, Arcadis needs town permission to use Well # 5. Tim Hodges asked if we
know how much water is involved and what we are going to do with the water.
Faye Lingo, Town Manager, stated the engineers have not determined that and
are looking in to that, where the water is getting pumped out from. They can
not pump it into our wastewater system. They have to find a way to reuse it
or do something with it, but not in production yet. Tim Hodges stated that
if this permission is for DNREC, EPA and agencies, who is going to be
responsible for funding it. The industries have hired Arcadis to do the
study. Tim Hodges asked did they indicate how long it would take , should be
done by June which works with our construction we weren't in need it to all
fixes. Arcadis has met with Cabe Associates as well as Kenny Niblett, Public
Works Supervisor, Vice-Mayor Robert Bryan, EPA and DNREC to discuss
approaches to identifying and solving the problem. Vice-Mayor Robert Bryan
stated the concern is that the TCE plume of contamination could begin moving
again, toward Millsboro Pond, if the Town wells suddenly start drawing water
down. Tim Hodges stated both DNREC and EPA are involved in this situation.
DNREC's Office of Drinking Water, site investigation branch, EPA's
investigation branch are going to responsible for clean up. Greg Hastings
questioned whether the water that coming out of the well for the Town's use
is treated, which it is. The water is not going through the Town's treatment
system yet. DNREC and EPA will have to approve any plan that provides for
the water from the proposed test wells to be pumped to the pond or where it
is to be pumped. . The Town of Millsboro will not have any expenses. Tempe
Steen, Town Solicitor, stated that Arcadis is requesting the right to go on
Town of Millsboro property and use Town property for this testing, Greg
Hasting moved, Tim Hodges seconded to approve permission to go on The Town
of Millsboro property. Motion approved unanimously with Mayor Larry Gum
absent.
MAYOR'S REPORT - Zach Crouch from Davis, Bowen and Freidel requested
an extension of the effective dates for the JG Townsend and Chesapeake Tract
land for annexation. Chesapeake has requested an extension to the effective
date to June 22, 2011 and J G Townsend, to August 1, 2010. Tempe Steen, Town
Solicitor, stated that the Town of Millsboro Council could go beyond August
1 for J G Townsend. Zach Crouch recommends that they are both linked
together J G Townsend and Chesapeake both have the same date. Tempe Steen,
Town Solicitor, noted that any further extension would have to be considered
by the Town Council at its July meeting if the August 1 date were chosen as
it is a Sunday, and prior to the regularly scheduled August meeting of the
Town Council. Tempe Steen, Town Solicitor stated the negotiation is between
the two entities, under the contract of purchase between them and also with
the Town.
J.G. Townsend Tract, 1-33-11.00 parcel 4.00, Zach Crouch from Davis, Bowen
and Freidel is requesting for extension on time for effective date of
annexation and MR/HC zoning approvals. Tempe Steen, Town Solicitor,
suggested in the Resolution that the failure to reach agreement and
executive an annexation agreement will result in the failure of the
conditions and the actions by Town of Millsboro Council annexing the
property designating the property by the town zoning map rescinded and void.
Tim Hodges made a motion to accept the Resolution as prepared by Tempe
Steen, Town Solicitor, for J G Townsend property to extend the date to
August 2, 2010. Michelle Truitt seconded. Motion approved unanimously with
Mayor Larry Gum absent.
Chesapeake LLC, 1-33-11.00 parcels 5.00; 6.00 and 7.00, Zach Crouch from
Davis, Bowen and Freidel is requesting extension on time for effective date
of annexation and PCD zoning approvals as discussed above. Tim Hodges made a
motion to accept the Resolution as presented for Chesapeake, LLC to extend
the time for annexation and PCD zoning approvals, and as presented the set
date to August 2, 2010. Michelle Truitt seconded. Motion approved
unanimously with Mayor Larry Gum absent.
Chesapeake LLC, 1-33-11.00 parcels 5.00; 6.00 and 7.00, request for
subdivision provisional approval of entire project and phasing and I
Preliminary Site Plan approval for Phase 1 as well as approval of the
conditional use application. Plans are provided. Tempe Steen, Town
Solicitor, stated they are two (2) Resolutions but it is acceptable to
combine them for purposes of discussion and one public hearing for both
applications; however, for publishing and for record keeping, separate
resolutions setting public hearings, for April 5, 2010, are for (1) is
zoning and (2) subdivision. Tim Hodges made a motion to accept the report
and recommendation of Town of Millsboro Committee for provisional approval
for entire project and the conditional uses. Michelle Truitt seconded.
Motion approved unanimously with Mayor Larry Gum absent. Tim Hodges moved,
seconded by Michelle Truitt, to adopt the resolutions setting public
hearings on April 5, 2010, for the conditional use of horseracing track with
accessory uses of VLT's and casino, as defined in the Delaware Code, and for
the provisional review of the project, Del Pointe, and preliminary site plan
approval for Phase 1. Motion approved unanimously with Mayor Larry Gum
absent.
Faye Lingo, Town Manager, suggested 1 that Council should consider doing a
resolution says that they in concept support the project Del Pointe as there
has been no formal such statement although the council has discussed it
frequently in a positive manner. Tim Hodges moved that the Town of Millsboro
Council continues supporting the Del Pointe project in its entirety as
presented with all the different uses and designs as presented to this date.
Tim Hodges moved, Michelle Truitt seconded that the Town Council supports
the Del Pointe project. Motion approved unanimously with Mayor Larry Gum
absent.
Mosquito control in town limits by DNREC, John Thoroughgood questioned about
the bee keepers being notify before DNREC sprays within the town limits.
John Thoroughgood made a motion to adopt the Resolution and grant the
requested waiver permitting spray application by low-flying aircraft and
notifying the bee keepers. Tim Hodges seconded. Motion approved unanimously
with Mayor Larry Gum absent
John Thoroughgood moved Irene Keenan seconded to recess the Regular Council
meeting at 7:40 pm and enter into Executive Session at 7:50 pm to discuss
legal and personnel.
8:15 pm meeting called to order Hodges motion, Thoroughgood second to
authorize the town manager to provide appropriate incentive as discussed in
executive session for the public works department, approved unanimously with
Mayor Gum absent.
8:18 pm Hodges motion, Truitt second to adjourn, approved unanimously with
Mayor Gum absent.
Respectfully submitted,
Tim Hodges,
Secretary
|
|
 |
|
|
For additional information call the
Millsboro Town Hall at 302-934-8171.
|
|
 |
|
