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REGULAR OCEAN VIEW TOWN COUNCIL MEETING DECEMBER 4, 2007
Mayor Meredith opened the meeting at 7 p.m. with Councilmen Norman Amendt, Bill Wichmann, Roy Thomas, and Richard Nippes present. Town Manager Conway Gregory, Town Administrative Official Charles McMullen, Town Finance Director Lee Brubaker, and Police Chief Kenneth McLaughlin were also present. Town Solicitor Dennis Schrader was not present because he had another commitment.
Public Hearing Second Reading of An Ordinance to Amend Chapter 54, Voting, of the Code of the Town of Ocean View Mayor Meredith read the synopsis of the ordinance. There were no questions or comments from Council members. Bill Olsen, Elliott Avenue, asked if the Town could deal with a cutoff date of 10 days. Mayor Meredith said that this has been discussed with Town employees who think that they can handle this date. Roy Thomas moved approval of this ordinance. Richard Nippes seconded the motion. Gary Meredith, Norman Amendt, Richard Nippes, and Roy Thomas voted aye. Bill Wichmann abstained. The motion was approved with a vote of four ayes and one abstention.
Public Hearing Second Reading of An Ordinance to Amend Chapter 28, Personnel Policy, to Include Sabbatical Leave under Article V, Leaves of Absence, in the Code of the Town of Ocean View Mayor Meredith read the synopsis of this ordinance. There were no questions or comments from the Council members or the public. Roy Thomas moved approval of this ordinance. Richard Nippes seconded the motion, and it was approved unanimously.
Public Hearing First Reading of An Ordinance to Amend Chapter 3, Entitled “Fees” Relating to Utility Permit Fees Mayor Meredith explained that this fee is for the water service, and this ordinance reduces this fee from $100 to $10. Bill Wichmann expressed concerns that the Town could be setting itself up for a difficult situation in the future because there are no guidelines in the ordinance, and the Town does not have the appropriate numbers for the water system at this time. He would have preferred that a resolution accompany the ordinance. After discussion about such issues as whether this fee would revert back to the original amount after the water system was installed, whether the Town would have utility fees for anything other than water, the omission of the word “water” in relation to utility permit, a recommendation to change it to “water connection permit fee,”the difficulty in doing this because only utility fee is mentioned in Chapter 3, and the time constraint because the water system is scheduled to go on line in January, the Council agreed with the Town Administrative Official’s recommendation to leave the wording as it now exists and amend it in the future.
Public Hearing First Reading of An Ordinance Amending Chapter 13, Section 13-1 of the Ocean View Code Relating to the Description of Election Voting Districts within the Boundaries of the Town of Ocean View Mayor Meredith noted that this ordinance removes all references to perimeters and will rely solely on the map to establish voting districts. He suggested that Council members review the map prior to the next meeting.
1. Mayor Meredith called the regular Town Council meeting to order at 7:10 p.m. All Councilmen and Town officials were still in attendance.
2. The Pledge of Allegiance was recited.
3. There were no changes to the Agenda. Richard Nippes moved approval of the agenda. Roy Thomas seconded the motion, and it was approved unanimously.
4. Bill Wichmann said that he did not have time to review the Minutes from the November 6, 2007, Regular Council Meeting and the November 20, 2007, Town Council Work Session and asked that they be held for approval until the next meeting. Roy Thomas agreed with that suggestion. Mayor Meredith said that they would be held until the next meeting or workshop.
5. COMMUNICATIONS AND PRESENTATIONS
A. Presentation by William Winkler on Red Tide Issue Mr. Winkler reviewed an incident that happened on September 13th, and the health problems that he thinks resulted from a “red tide,” and mentioned his concerns that water samples were not taken until he requested this action, and the public was not notified of the possible health effects of this toxin. Mr. Winkler went into some detail about the graphics and other material that were given to the Council and referred to two books written about the red tide issue, which can be obtained from the South Coastal Library. He said that he made this presentation in the hope that people will receive more notification about brevetoxins in the future. In answer to a question from Richard Nippes about the responsible entity for notifying people about such matters, Mr. Winkler said that the Department of Natural Resources (DNREC) is responsible for public safety on the beaches but there is no biotoxin plan in effect. He went on to say that people must watch for themselves when they are near any body of water in this area. In answer to a comment from Richard Nippes about the need to put pressure on State legislators so they in turn will put pressure on the appropriate State agencies to ensure that they are doing their jobs properly, Mr. Winkler said that a DNREC staff member is working overtime on a biotoxin plan for the next and subsequent years but stressed the need for individual vigilance and went into some detail about the effects of continued exposure to red tide/brevetoxins. Chief McLaughlin said that he was told by a DNREC representative that this agency did not have monitors for brevetoxins but have them for biotoxins/chemical type weapons, and they are monitored frequently. Chief McLaughlin said that the Ocean View Police Department has no capability to investigate the toxins discussed by Mr. Winkler.
B. Presentation of Check from the Nautical Sounds Barbershop Chorus The Town Manager then asked to handle Item E., Presentation of Check from the Nautical Sounds Barbershop Chorus, at this time because the members of the Chorus have another commitment. Joe Lobb presented a $200 check to the Mayor on behalf of the Nautical Sounds Chorus in appreciation for its use of the Town Hall for rehearsals. The Chorus then sang a Christmas carol, and the audience applauded.
C. The Town Manager asked to incorporate items B, Letter of Appreciation from City of Milford to Ocean View Police Department, C. Letter of Appreciation from High Tide Church to Ocean View Police Department, and D. Certificate of Appreciation from the AARP Safe Driver Training Program into the Public Safety Report.
6. REPORTS
A. Public Safety Chief McLaughlin briefly reported his department’s statistics by categories. He said that he and Councilman Wichmann attended the American Builders and Contractors Association’s Annual Awards Dinner because Willow Construction and the Ocean View Police Department Building won the award for the best-built building in the $2,000,000 to $3,000,000 category for the year 2006 – 2007. He said that newest officer, Mary Ellen Rehill, has at least 30 more days of training prior to receipt of her Delaware compliance certificate and training certificate from the Delaware Council of Police. The CAP Unit completed 295 hours of service in November, which brings the total to 3,397 hours for the year. This equates to a value of about $67,000 per year in volunteer services when using the hourly rate of $19.87 established by the State of Delaware. Chief McLaughlin said that the CAP Unit continues to be an integral part of the Ocean View Police Department’s operations and noted that the Unit was highlighted in the December 2007 issue of the FEMA Community Preparedness Newsletter. He then went into brief detail about the Unit’s participation in Unattended Child Center (UCC) training. He said that he is still working on a school emergency plan for the Lord Baltimore School with various agencies. He said that several policies will be presented tonight for approval; these are needed as part of various police accreditation programs. He noted that the Ocean View Police Department received several letters of appreciation: 1) Letter of Appreciation from City of Milford because the OVPD sent one officer and several CAP members to assist the city with its annual community parade; which is the largest parade in Delaware; 2) Letter of Appreciation from High Tide Baptist Church for the stuffed animals, which had been collected by the Ocean View Police Department and donated to the Church; 3) Certificate of Appreciation from the AARP Safe Driver Training Program. He said that the OVPD and AARP have formed a mutually beneficial program to assist in driver safety for the senior population of the area. In answer to a question from Roy Thomas, Chief McLaughlin said that Mary Rehill will fill one vacancy in the OVPD, and they have received about four applications for the other vacancy but he hopes to receive more applications. In answer to a comment from Norman Amendt, Chief McLaughlin explained that the meeting room in the new Public Safety Building has been used by several local organizations.
B. Administrative The Town Manager added the following items to the Administrative Report: Meeting with DNREC Representatives on January 18th to discuss the possible development of a walking trail along the Assawoman Canal. He stressed that this is a preliminary discussion and emphasized that nothing will be done without holding public hearings to obtain feedback from property owners. Carols in the Park will be held on December 14th. Dr. Gregory went into some details about the program and noted that the Town will light the Town Christmas tree for the first time. Holiday Luncheons The Town Manager explained that he will take Town Council and Town staff members to lunch at various times as his holiday gift to them and to show his appreciation to them. He then commended the Town staff members for their hard work. . Water Update The Town Manager said that the Town has been working with Chuck Hauser to finalize the number of units that will come onto the water system in January. At this time, it looks as though there will be about 950 units. As soon as this list is finalized, the Town will enter into an agreement with Tidewater to purchase the necessary CPCNs, finalize the rate structure, and close out/implement this project. He said that the Town is negotiating with USDA so it can close on the loan and access the loan/grant funding; he noted the possibility of a cash flow problem until the USDA money is received. Workers Compensation Insurance The Town Manager reminded the Council that the Delaware League of Local Governments has encouraged member towns to participate in a new workers compensation insurance program in which all towns in Delaware will pool their resources and join in a Delaware League program with the anticipation that it will lower the costs of workers compensation insurance. He noted that the Town is paying about $39,000 per year to Liberty Mutual, the Town’s workers compensation carrier. He explained that he attended a meeting in mid-November about this subject and referred to his December 3rd memorandum (copy filed in official notebook), which gives details about the program. Dr. Gregory noted that he discussed this program with the Town’s insurance broker who will receive a commission no matter where the Town obtains its workers compensation insurance and went on to say that it would be better for the Town to remain with Liberty Mutual rather than join the Delaware League program because: 1) the Town has an excellent rating and joining the Delaware League program may put it in the same pool with towns that do not have a good rating, which could mean that the Town would be subsidizing their poor rating by paying a higher rate, and 2) if all towns do not join the program, the estimated premium provided at the meeting that would save the Town $1,853 per year will go up. He said that others have suggested that the Town wait for several years to determine if the Delaware League program will be successful. If it is successful, the Town could then join this program; however, the entry fee will undoubtedly be higher. Dr. Gregory said that it is too risky for the Town to enter into the Delaware League program at this time. In answer to a comment from Norman Amendt, the Town Manager explained that the Town’s rating would not be lowered by towns with lower ratings but the Town would pay a higher premium because it would be subsidizing their lower ratings. Mayor Meredith agreed that the Town should not join the program at this time. Bill Wichmann noted that George Wright commented on the high rates charged by workers compensation insurers until the Delaware League started to work on its program, and the insurance companies then cut their rates. He said that it doesn’t seem fair that the insurance companies didn’t cut their rates without this competition. The Town Manager explained that the Delaware Insurance Commissioner has ordered that the workers compensation premiums be cut an average of 17.75% when policies in the State come up for renewal because the insurance companies had set aside higher than necessary reserves. The Town Manager said that no Council action was needed on this item.
7. OLD BUSINESS:
8. NEW BUSINESS:
Discussion and Consideration of Police Procedural Notice 1.2.8—Strip and Body Cavity Searches; Police Procedural Notice 1.2—Limits of Authority; Revised Procedural Notice 72 Cell Block Holding Facility; and Procedural Notice 46.B Incident Command System Mayor Meredith raised the issue of approving these policies individually or approving them all at one time; he said that he read them and had no problem with them. Norman Amendt said that he had not read all of them but thinks that this is Chief McLaughlin’s job, and he has done the necessary research; he thinks that they are fine. Norman Amendt made a motion to accept these policies and allow the police chief to sign them. Richard Nippes seconded the motion, and it was approved unanimously. Chief McLaughlin asked that due to the content of the policy, people return all copies of Revised Procedural Notice 72-Cell Block Holding Policy. He doesn’t think that some of the material in the policy should be disseminated to the public.
9. Discussion and Consideration of Request from Bear Trap Commercial LLC for an Amendment to the Original RPC Site Plan to Change Use from Commercial to Residential for Units Located at 21 and 24 Village Green Drive Skip Valliant, Seacoast Realty, distributed a handout to Council members (copy filed in official notebook). He explained that the company has strived to create a viable commercial space in these units but it has not been successful. Roy Thomas made a motion that they refer this to the Planning and Zoning Commission and encouraged them to work with the Bear Trap Homeowners Association (HOA) about this matter. Mr. Valliant said that he has already met with the HOA members and plans to continue to work with them. Richard Nippes seconded the motion, and it was unanimously approved. In answer to a question from Mayor Meredith, Mr. Valliant explained that the Council previously approved the conversion of the top floors of these buildings into four residential units. This request is for the bottom floors. The commercial space now used by Seacoast Realty will remain. In answer to a comment from Roy Thomas, Mr. Valliant confirmed that if this application is approved, there will be one commercial unit and eight residential units.
10. Discussion of An Ordinance Establishing Fees, Water Rates, and Requiring Water Meters in the Town of Ocean View The Finance Director explained that this ordinance was prepared by the Town Solicitor and is intended to set up the rates and fees and requires the installation of water meters. He explained that this draft of the ordinance does not include the rates because they are still being worked on by Davis Bowen and Friedel. Mr. Brubaker said that he and the Town Manager will review these rates to ensure that all related costs are included and will incorporate these rates into the ordinance prior to its first reading. He explained that the engineers have adjusted the size of the meters, rates will be based on the size of the meters, and there will be a separate rate structure for commercial buildings with a dedicated fire service line. Fees will also be established for services such as connection charges, turn on and off charges, and repairs necessitated by homeowners. Mayor Meredith asked that the rates be e-mailed to the Council members and said that the ordinance could be introduced tonight, and the rates can be added before the first reading of the ordinance. Roy Thomas suggested that the ordinance be introduced tonight and seek the advice of the Town Solicitor about the possibility of an early passage of the ordinance. Roy Thomas introduced the ordinance.
11. Discussion and Consideration of Resolution to Establish Rate for the Emergency Services Enhancement Funding Program The Town Administrative Official explained this resolution is needed in order for him to enforce the ordinance establishing the rate that the Council recently passed. Mayor Meredith noted that the Council approved a rate of .5%. Norman Amendt made a motion that Mayor Meredith be authorized to sign this resolution. Richard Nippes seconded the motion, and it was approved unanimously.
12. Discussion of Reserve Analysis Report The Town Manager explained that the Town charged him with looking at its long term capital costs; therefore, he asked Town Engineer Alan Kercher to look at the public safety, town hall, and existing DPW buildings and assess them in terms of long range infrastructure costs and needs. Mr. Kercher started with the public safety building because it is the newest building, and the appropriate documents are available. Dr. Gregory said that this report was finished last week, and it is the first of several documents that will be presented to the Council. Bill Wichmann said he is very pleased that Mr. Kercher is the Town Engineer but is very displeased with this report. He referred to various pages that contained errors and thinks that the Town’s engineer should have obtained construction details from the architect of the building because he has all of the specifications. He went on to explain other errors in the report such as a mention of vinyl siding when there is no vinyl siding on the building and again said that he is very disappointed with the report. Roy Thomas suggested that Mr. Kercher meet with Mr. Fellgraff (the architect) and update this report. Mayor Meredith agreed that more accuracy is needed and thinks that the engineer and architect should meet.
13. Discussion and Consideration of Salary Study The Town Manager reminded Council members that they charged him with preparing a salary study several weeks ago in order to determine if the Town’s employees are adequately paid for their service to the Town. The study has been completed, and he explained that the minutes for the November meetings were not distributed earlier because he had instructed the Town Clerk to focus her attention to completing the salary study. He then used a slide presentation (copy filed with official notebook) to review the goals and purpose of and reasons for the study. He then noted five questions to be answered by the salary study and said that he has charged each department head to define the goals and objectives of his department for providing services to Ocean View residents in the most efficient way in order to determine if salary adjustments are necessary. Dr. Gregory said that he will make sure that all employees have an understanding of his/her exact expectations and responsibilities within the organization. He then reported on the findings of the study such as: 75% of the Town employees exceed the average annual wage in Sussex County; Ocean View employees have one of the best health, dental, and life insurance benefits among Sussex County municipal employees, which should be taken into consideration when discussing salary comparisons; the rankings for the Ocean View Public Safety Department in relation to other police departments according to various annualized schedules; a review of past and proposed salary increases; and the DPW staff is one of the highest paid DPW staffs because both members have been with the Town for many years. He then reviewed the Recommendations such as elimination of overtime pay and adjustment of pay for executive staff members; salary increases for five employees, effective December 31, 2007; and revision of current employee salary matrix because the current one is flawed. Bill Wichmann said that he would like to postpone taking action on this study tonight because he needs more time to study it, and he asked that Town Manager’s compensation data be included in this study. Mayor Meredith agreed that they all need to take time to look at it and suggested that the Council take action on the five employees who are underpaid and also suggested that each Council member write down their questions and send them to the Town Manager so he can answer them. He said that the study could be reviewed further at the January Council meeting. Roy Thomas said that Richard Nippes has not had time to review this study and agreed that this study should be addressed at the January meeting; he said that the pay raises could be retroactive to December 31st. Mayor Meredith again said that he wants each Council member to send comments and questions to the Town Manager and agreed that the answers should be provided to the Council members in ample time for them to review the data prior to the January 7th Council meeting. Bill Wichmann said that the information about the Town Managers should be included. The Council members agreed with Roy Thomas’ suggestion that they submit their questions to the Town Manager by December 10th, and the Town Manager will provide the Council with as many responses as possible before the holiday.
14. CITIZEN’S PRIVILEGE
Joe Martinez, Savannahs Landing, said that the salary study is a serious matter and thinks that the Council is rushing into it, and this is unfair to the Town’s employees and taxpayers. He then asked several questions. He first asked if copies of the report are available. The Town Manager said that he didn’t plan to release it until it is approved by the Mayor and Council. Mr. Martinez referred to the Town Manager’s statement about the average Sussex County wage and asked what type of jobs were involved; e.g., are they municipal jobs? The Town Manager said that the study reported that this was the average wage for Sussex County. Roy Thomas reminded Council members that they had decided not to discuss the report at this meeting. Joe Martinez believes that they should look at more than average salaries; they should look at neighboring towns. Mayor Meredith said that this report does compare neighboring towns. In answer to another question from Mr. Martinez, the Town Manager said that the members of the Executive Staff include Town Administrative Official Charles McMullen, Finance Director Lee Brubaker, and Police Chief Kenneth McLaughlin. In answer to another question from Mr. Martinez, the Town Manager said that he does not receive overtime pay.
Bill Wichmann made a motion for adjournment. Roy Thomas seconded the motion, and it was approved unanimously. The meeting adjourned at 8:44 p.m.
Respectfully submitted,
Conway Gregory Town Manager
Transcribed from recording: December 31, 2007
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