REGULAR COUNCIL MEETING
November 1, 2010
7:00 P.M. meeting called to order in the Council Chambers at 322 Wilson
Highway, Millsboro, Mayor Larry Gum presiding. Present were Vice-Mayor Bob
Bryan, Secretary Greg Hastings, Treasurer Michelle Truitt, Council Persons,
Irene Keenan, Tim Hodges, Town Manager Faye Lingo, Town Solicitor Mary
Schrider-Fox, Development Coordinator Linda Johnson, Finance Director Bill
Sauer, and Town Clerk Tammy Phillips. Council Person John Thoroughgood
absent. Guest- see attached list.
PUBLIC HEARING - Zoning change - Sussex County Map No, 1-33-17.17
parcel 70.00 for medium density residential zoning to highway commercial
zoning. This property belongs to the heirs of Ann Taylor 340 Old Landing
Road. The hearing. Will be open to hear comments and council will have
discussion on the possibility of the zoning change. However, the comments
will not be available from the State Planning Office. The property will be
required to go through Plus Review on November 24, 2010.
SECRETARY'S REPORT - Secretary Hastings presented the minutes from
the October 4, 2010 council meeting for Council's approval. Hodges moved
Keenan seconded to approve the minutes from the October 4, 2010 council
meeting as written. Council Person John Thoroughgood absent. Motion approved
unanimously.
TREASURER'S REPORT - Treasurer Truitt presented the bills and bank
balances to Council for approval. Bryan moved Hastings seconded to pay the
bills from the designated accounts as presented. Council Person John
Thoroughgood absent. Motion approved unanimously.
Open two Money Market accounts with PNC - due to loan closing two accounts
need to be opened to hold the pledge. Bryan moved Hastings seconded to
authorize Town Manager Lingo to move the funds from Citizens Bank to and
open to restricted accounts in PNC. Council Person John Thoroughgood absent.
Motion approved unanimously.
GREATER MILLSBORO CHAMBER OF COMMERCE - Amy Simmons stated that Bay
Breeze Shop at 28436 DuPont Blvd held it's Grand Opening on October 16,
2010. On October 30, 2010 Second Annual Family Night Out was held at lot of
Dairy Queen Main Street, over 275 kids passed through. Chamber would like to
thank Chief Murphy for working his magic on having two officers at the
Family Night Out. Chamber monthly membership meeting is being held at Pizza
King on November 18. The Christmas parade entries are really growing for
December 4th parade or rain date December 11th.
MILLSBORO FIRE DEPARTMENT - Ron O'Neal, President reported November
signals the end to a busy month for the fire company, particularly with Fire
Prevention activities. For the week of October 3rd thru the 11th, our
volunteers put in countless hours of preparation for prevention related
activities, concentrating mainly on area schools. Our members take personal
time, may taking vacation time for the employment, in order to participate
in demonstrations, tours, discussions and the all important fire truck rides
for the kids. Members also spend hours pouring over essays and posters that
the area school children submit for the Fire Prevention contests in order to
award 1st, 2nd and 3rd place ribbons for grades 1 thru 5.
A Big part of Fire Prevention week is the Safety House, which was extremely
busy this year, visiting 5 different locations in as many days. This also
manned by volunteers who transport the unit to and from each location and
also operate the program in selected locations. So far in 2010,
approximately 1250 school aged children have passed through the houses and
have learned how to recognize the dangers, how to call for help and how to
safely exit their house in case of emergency.
Halloween weekend again is busy for our organization as we hosted the 9th
annual Pumpkin Run for the Northeast Rally club this past weekend.
Approximately 32 participated in this year's activities. Members of our
company volunteer to help with the rally, working the check points and
assisting wherever necessary. The Ladies Auxiliary catered the meals on
Saturday and Sunday and did a great job in feeding all the competitors and
event workers. We are already looking forward to this event in 2011.
Training - our fire line officers will be touring the Suburban Propane
facility Wednesday evening to review updated safety procedures and to
familiarize themselves with the facility. We do this every few years in
order to review processes and to expose new line officers to the hazards
associated with the local business. Our members will also be training on
lift bag use and procedures later in this month. Air light bags are used
during emergencies where heavy loads need to be lifted or moved in order to
extricate a patient.
The Sussex County fire Chief's Association handed out its Heroic Firefighter
of the Year award at the Sussex County Volunteer Firefighters Association's
October meeting in Rehoboth Beach on Tuesday, October 26th. Our own Deputy
Chief Matt Warrington was one of this year's recipients, as he was on duty
with the Delaware State Police and assisted with getting a Seaford
firefighter to Beebe Medical Center after suffering cardiac arrest during
standby for the July 4th fireworks program in Rehoboth Beach.
MILLSBORO POLICE DEPARTMENT - Chief Murphy stated training for the
month of October 11th Detective Barry Wheatley attended firearms training at
DSP range. October 11th - 15th Sergeant Legates attend the NRA Pistol
training in Springhill, MD. October 11th - 15th Detective Barry Wheatley
attended CAC Child First training in Lewes, DE. October 18th - 22nd Sergeant
Legates attended NRA Rifle training in Springhill, MD. October 25th - 29th
Lietuent Calloway and Detective Wheatley attended CVSA training in
Cincinnati, OH. October 26th - 28th Sergeant Legates and Patrolman Rogers
attended Commercial Vehicle Criminal Interdiction at the Dover Police
Department. The threat level remains at yellow. Despite the recent events
the Delaware and the U.S. threat levels are at yellow. The threat level in
the travel sector is orange or high. Calea no update to report. The weather
conditions for Trick or Treating were practically ideal; the turnout seemed
to be better than past years. Even though traffic was relatively heavy for a
few hours there are no issues to report.
Grants, ratification- Chief Murphy there have been some changes to the
grants amounts SALLE - $ 5003.53 for ICOP Camera System, EIDE - $ 4007.07
for overtime for drug investigation, Sussex County Block $ 9446.39 for CVSA
training for two officers, firearms training for one officer, range fees for
2011 and upgrade holsters. Hodges moved Bryan seconded to ratified with the
changes noted to the grants. Hodges moved Bryan seconded to approve firearms
training $1700, upgrade holster $1200, and CVSA training to $ 4077.03.
Hodges moved Bryan seconded to approve SALLE $ 5003.53 for ICOP Camera
System. Bryan moved Hodges seconded to approve EIDE - $ 4007.07 for overtime
for drug investigation. Council Person John Thoroughgood absent. Motion
approved unanimously.
Firearm ordinance - The committee reported to add bow & crossbow to the
ordinance and increase the fine to not less than $50 and no more than $ 250
and for subsequent violations the amount would be determined by a judge.
Exception: Archery activities - any supervised group could request
permission from the Chief of Police (register and receive approval by the
Chief of Police). Bryan moved Hastings seconded to amendment to the Charter
which will include bows and crossbows. Council Person John Thoroughgood
absent. Motion approved unanimously.
Chief Murphy stated Patrolman Moyer has been with Town of Millsboro since
April 2008 and is up for promotions from Patrolman to Patrol man First
Class. Bryan moved Hodges seconded to promote Patrolman Moyer to Patrol Man
First Class. Council Person John Thoroughgood absent. Motion approved
unanimously.
STREET REPORT - Resurfacing underway following the construction of
the beneficial reuse line that was installed, info only, no council action
necessary.
The Town has received a request to limit truck traffic from turning east
onto Main Street from State Street traveling from a northerly direction.
There are two complaints one from Carey's Frame Shoppe, 103 West State
Street and the other from 303 Main Street. Town Manager Lingo has been
authorized to send letter to DELDOT to come down and review the truck flow
on West State Street and Main Street for NO TRUCK ROUTE.
PARKS AND RECREATION REPORT - No report
WATER AND SEWER REPORT - No report
MAYOR'S REPORT
- White Farm Annexation,
public hearing was held November 2, 2009 with action delayed. Sussex
County Map Nos. 1-33-11.00 parcel 03.00, 1-33-15.00 parcel 30.00,
1-33-15.00 parcel 30.01; 1-33-16.00 parcel 75.03, 1-33-16.00 parcel
75.00. This property is located on both sides of Route 20, Hard Scrabble
Road approximately 3 miles west of DuPont Boulevard and the annexation
will also include that section of Hard Scrabble Road. The public
hearings were held in November 2, 2009 and have gone through plus review
so council may take final action to annex the property. Purchased was
completed on October 29, 2010. Bryan moved Truitt approved to annex the
following Sussex County Map Nos. 1-33-11.00-03.00; 1-33-15.00-030.00;
1-33-15.00-030.01; 1-33-16.00-075.03; 1-33-16.00-075.00 in the Town of
Millsboro limits. Council Person John Thoroughgood absent. Motion
approved unanimously.
- Sussex County - Community
Development Block Grant, council may ask Sussex County to apply on the
town's behalf for housing rehab in the Millsboro Corporate limits. If
there are any homes in the Millsboro area they can be included with the
application for Sussex County. Bryan moved Truitt seconded to join
Sussex County - Community Development Block Grant to upgrade a home on
Kendall Street. Council Person John Thoroughgood absent. Motion approved
unanimously.
- Otter Branch - Sussex
County Map No. 1-33-17.00 parcels 66.00 and 67.00 requesting an
extension of preliminary plan approvals. Matthew Barrazotto presenting
RDM has requested for one year extension on the preliminary plans. Bryan
moved Hastings seconded to approve for extension on the preliminary
plans of Otter Branch for one year November, 2011. Council Person John
Thoroughgood absent. Motion approved unanimously.
- Supplemental Taxes- There
is supplemental taxes ready to be sent and they need the approval of the
council. These are newly developed properties or properties that have
had changes to them since the assessment done May 2010. It is required
that the list be given to council and you accept the list before notices
can be sent out. Truitt moved Bryan seconded to proceed with the
supplemental taxes bills and notices to property owners. Council Person
John Thoroughgood absent. Motion approved unanimously.
- Capitation Taxes - request
for write off for those that have moved out of town. There is a list of
names that we have found have moved out of town already. We need council
approval to write them off of the books. Bryan moved Hodges seconded to
authorize Town Manage Lingo to proceed to write off capitation taxes.
Council Person John Thoroughgood absent. Motion approved unanimously.
- Board of Adjustment
resignation - Dorothy Gray has turned in her resignation from the
Millsboro Board of Adjustment. Bryan moved Hodges seconded to accept
Dorothy Gray resignation and to send a letter from Mayor and Council for
her years of serves. Council Person John Thoroughgood absent. Motion
approved unanimously.
- Mediacom Franchise
Agreement - Mayor to appoint a committee to discuss the renewal of the
agreement in 2013. Due to new regulations the process has to begin three
years ahead of the contract expiring. Mayor appointed Bryan, Truitt, and
Hodges to serve as the committee to renewal agreement with Mediacom in
2013.
7:45 pm Bryan moved Hastings
second to recess till 7:50 to enter into executive session. Council Person
John Thoroughgood absent. Motion approved unanimously.
Regular Session
Reconvene 9:00 p.m.
Bryan moved Truitt second to give Mr. William Fisher, Old Landing/State Rd
County Tax # 1-33-17.14-026.00 a tax credit for the length of time his
property has been used as a construction site. Council Person John
Thoroughgood absent. Motion approved unanimously.
Bryan moved Truitt second to authorize the town solicitor, Mary Schrider-Fox
to appeal the applicability of DNREC's discussion concerning PCS, pollution
control strategy involving Millsboro wastewater disposal. Council Person
John Thoroughgood absent. Motion approved unanimously.
Bryan moved Hastings second to retain Dennis Schrader of Wilson, Halbrook &
Bayard for the appeal process with DNREC. Council Person John Thoroughgood
absent. Motion approved unanimously.
Hodges moved Hastings second to authorize the town manager Lingo to address
the issue of well #6 with EPA. Council Person John Thoroughgood absent.
Motion approved unanimously.
9:15 pm Keenan moved Hastings second to adjourn.
Respectfully Submitted,
Greg Hastings |