REGULAR OCEAN VIEW TOWN COUNCIL MEETING

JANUARY 7, 2008

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, Acting Police Chief Heath Hall, and Town Solicitor Dennis Schrader were also present. 

Public Hearing  Second Reading of An Ordinance to Amend Chapter 3, Entitled “Fees” Relating to Utility Permit Fees  Mayor Meredith explained that this utility permit fee is for the water service, and this ordinance reduces this fee from $100 to $10.  In answer to a question from Mayor Meredith, the Fiance Director said that this fee was also included in the water ordinance.  There were no questions or comments from Council members or the public.  Richard Nippes moved approval of this ordinance.  Roy Thomas seconded the motion, and it was unanimously approved. 

Public Hearing  Second 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 explained that this ordinance was written to clear up previous confusion about the election district boundaries and said that the election districts will be based on the election district map, which will be attached to the ordinance.  He noted that the presence of a copy of the election district map at tonight’s meeting.  There were no comments from the Council members or the public.  Richard Nippes moved adoption of this ordinance.  Bill Wichmann seconded the motion, and it was approved unanimously. 

Public Hearing  First Reading of An Ordinance Establishing Fees, Water Rates, and Requiring Water Meters in the Town of Ocean View  The Town Solicitor explained that this ordinance was prepared by Chuck Hauser and him and is intended to provide several major items for the water project; e.g., all buildings used for human occupancy will be served with a water meter in order to calculate the water charges.  The Town Solicitor noted that the ordinance establishes certain specific charges and went on to describe them.  (A copy of the ordinance that specifies these fees is filed in the official notebook.)  In answer to questions from Mayor Meredith, the Town Solicitor said that the typical house has a 5/8” meter.  The Finance Director noted that a single 2” meter was installed.  The Town Administrative Official explained that the Service Connection Charge applies to unimproved lots that do not have water meters at this time.  This charge will be levied at the time the property owners wish to hook up to the water system and does not apply to people who now have meters.  Richard Nippes asked if these fees are competitive with those paid by people who now have water service.  The Town Manager explained that the rates are based on the need for the Town to meet its debt service to the USDA for the next 40 years an allocation for administrative services, and a replacement reserve.  The rates are regulated by the Public Service Commission.  In answer to a question from Roy Thomas, the Town Manager said that this ordinance might be discussed further during the discussion of the Resolution to Establish Water Rates.  Dr. Gregory went on to explain that the Town has received the proceeds from the USDA loan and the initial installment on the USDA grant.  The Town cannot access the additional grant money because the USDA requires a rate schedule approved by the Council.  The Town needs to access the balance of the grant money but the ordinance establishing the rate structure is still going through the approval process; the resolution to be presented later will meet USDA requirements.  There were no comments from the public.

1.      Mayor Meredith called the regular Town Council meeting to order at 7:09 p.m.  All Councilmen and Town officials were still in attendance. 

2.      The Pledge of Allegiance was recited.

3.      Bill Wichmann asked to amend Item 6.A. Discussion and Consideration of Salary Survey and Consideration of a Resolution Giving the Town Manager Direction in the Preparation of the FY 2009 Budget so that only a discussion of the salary study would be held.  He does not think that he has had sufficient time to review the study and asked to consider it at the February work session.  Roy Thomas disagreed and said that this matter was discussed at the December 4, 2007, Town Council meeting and read excerpts from the minutes of that meeting that dealt with this subject.  He thinks that the Town needs to move forward with this matter and noted that there are some Town employees who may be underpaid.  He said that the Council has had the study for 30 days and has had adequate time to study it, and the item should remain on the agenda.  Norman Amendt said that he did not submit questions about the survey to the Town Manager because he wished to discuss them on the floor.  He then noted that the Town Managers’ information is absent from this study even though the Council instructed him to include it in the study.  Roy Thomas said that the Town Council did not charge him with including this information at the time it charged him with performing this study.  He agreed that this information must be considered but again said that he didn’t want to hold up the action on the other employees.  Norman Amendt said that he would raise his questions when this item is discussed.  Roy Thomas made a motion that the Council approve this agenda as presented.  Richard Nippes seconded the motion.  Gary Meredith, Roy Thomas, Richard Nippes, and Norman Amendt voted to approve the motion.  Bill Wichmann voted nay.  The motion was approved by a vote of four ayes to one nay.

4.      There were no changes to the Minutes from the November 6, 2007, Regular Town Council Meeting; the November 20, 2007, Town Council Work Session, and the December 4, 2007, Regular Town Council Meeting.  Bill Wichmann moved to accept all three sets of minutes.  Richard Nippes seconded the motion, and it was approved unanimously. 

5.      COMMUNICATIONS AND PRESENTATIONS

A.     Discussion and Consideration of Letter from Delawareans for Open Government  Mayor Meredith explained that the Town received a letter from a group that is concerned that the Freedom of Information Act (FOIA) does not apply to the General Assembly as it does to Delaware municipalities.  He said that this organization has asked that the Town adopt a resolution or send a letter asking for the passage of Senate Bill 4, which would mandate that the Delaware General Assembly adhere to FOIA regulations.  He then asked for Council guidance on this matter.  Roy Thomas said that he always favors open government and wants to support this request in some way.  He noted that the letter contained a copy of a resolution in favor of Senate Bill 4 that was adopted by the City of New Castle.  Mayor Meredith said that the Delaware League of Local Governments supports passage of this bill.  Roy Thomas made a motion that the Town Manager should prepare a resolution modeled after the New Castle resolution for the February meeting.  Richard Nippes seconded the motion, and it was approved unanimously. 

6.      REPORTS

A.     Public Safety  Acting Police Chief Heath Hall said that Public Safety Report showed that December was a relatively quiet month, and there was nothing of significance that he wished to address.  He then referred to the Citizens Auxiliary Patrol (CAP) and noted that the CAP Time Served Report indicates that the CAP members volunteered 361.5 hours in the month of December for a total of 3,678 hours during CY 2007, which would equal a value to the Town of about $74,671 when computed at a rate of $19.87 per hour (the rate for volunteer services established by the State of Delaware).  He said that the CAP unit is an integral part of the Ocean View Police Department’s operation.  Mayor Meredith agreed that the unit performs valuable services.  Roy Thomas said that Councilmen Bill Wichmann (443 hours) and Norman Amendt (83 hours) deserved special recognition for their service to the CAP unit in addition to their Council duties.  In answer to a question from Richard Nippes, Acting Chief Hall said that to the best of his knowledge, 99% of the residence checks are done by the regular police force.  He explained that 100% of the residence checks are done during daylight hours in order to avoid frightening residents who may be home. 

B.     Financial Report   The Finance Director explained that this report was for November 2007 and would have been given at the December workshop, which was not held.  USDA Water System Financing He noted that the Town closed on the USDA bonds that total $4,600,000 and paid off the interim financing from Wilmington Trust and explained how the remaining loan money will be spent.  He also said that the Town should be able to access the $1,700,000 USDA grant if the resolution is approved at tonight’s meeting.  Transfer Tax  Mr. Brubaker said that the recent report indicated that the Town collected approximately $80,000 in transfer taxes for the month of December, which means that the Town is “keeping even” on transfer taxes.  Status of Trust Funds  He noted that the report shows the balances in the Emergency Reserve Trust Fund and the Capital Replacement Trust Fund and said that they are increasing monthly.  FY 2007 Annual Audit  He hopes to get a draft of the financial statement package from the audit firm within the next 2 weeks.  He will review the draft financial statements and finish the management discussion and analysis section of the annual report.  In answer to a question from Roy Thomas, Mr. Brubaker said that the Town is behind schedule on the annual audit because it missed its time slot in the auditor’s schedule.  He stated that the Town will have its data ready for the FY 08 audit on a timely basis.  FY 2009 Budget Preparation  He said that the next meeting of the Long Range Financial Planning Committee is scheduled for February 12^th.  Website  He said that he and the Town Manager will present draft web policies and procedures at the January workshop.  He said that he has provided Delaware.net with a navigation scheme to review.  In answer to Norman Amendt’s question, the Finance Director explained that three CDs matured in early December but he had to keep the cash liquid until the Town received its money from the USDA loans and grant.  He said that the remaining proceeds from these CDs are now in a money market fund but he will look at longer term options when the grant is settled.  He said that he only renewed $200,000 of the $700,000 that the Town had in CDs, and the purchase of the Lampe property at 20 West Avenue was financed by the surrendered CDs. 

Comparison of Budget to Actual – Analytic Comments   Mr. Brubaker said that there were no major fluctuations to report.  There were no questions on this analysis. 

C.     Administrative Report  The Town Manager referred to the memorandum about the new Reimbursable Business Expenses Policy that had been distributed to all Town staff and was attached to the Administrative Report.  He noted that this policy explains what is and is not a legitimate reimbursable expense and said that this policy should apply to the Mayor and Council if they have no objections to this.  Mayor Meredith noted that their only expenses are typically mileage expenses, and Council agreed that this policy should apply to all Town staff as well as elected and appointed officials.    

Update on Public Water System  He reported that 98% of the project is finished, all of the meters (695) and 77 fire hydrants have been installed, the system has been flushed and is filled with water.  The Town received one certificate concerning the water testing for bacteria from DNREC, and needs to obtain a second approval stating that the system is bacteria-free.  In answer to a question from Mayor Meredith, the Town Manager said that the Town will send letters to all the affected property owners as soon as the on-line date is set.  He said that they still have not determined the exact cost to purchase the CPCNs from Tidewater Utilities and will need to conclude all the outstanding items in this month if at all possible so this project can move forward.  He said that the Town needs to approve the resolution to establish the rate structure so it can access the balance of the USDA grant money and noted that the Town must go to court in order to obtain an easement for one property located Central and Betts Avenues.  He said that out of the 310 applications for CDBG funding, he has been informed by Mr. Lecates that between 65 and 70 applicants qualify for assistance.  He then listed the reasons why more applicants were not eligible for this assistance.  Dr. Gregory has asked Mr. Lecates to review the forms again and to provide the Town with a list of people who are eligible for assistance.  Mr. Lecates said that his office will contact the eligible recipients and take the necessary steps for the grants. 

D.    Update on Historical Committee  Richard Nippes said that a Delaware expert examined the Shores’ house and agreed that the site was good; however, this expert thinks that it will take at least 5 years to get the museum operational.  Dr. Nippes said that the Historical Society has now been formed and is applying for 501(c)3 status with the IRS so that it can solicit funds from foundations, etc.  These groups will not consider applications from organizations that do not have this status.  He said that the Historical Society will meet tomorrow and invited anyone who is interested to attend this meeting.  He explained that the Shores’ house, which is located on Central Avenue, should prove to be an excellent site for the Ocean View museum but they do not know if it will be economically feasible until an engineering study is done.  He noted that the Town Manager has been very helpful with this project. 

7.      OLD BUSINESS:

A.     Discussion and Consideration of Salary Survey and Consideration of a Resolution Giving the Town Manager Direction in the Preparation of the FY 2009 Budget  Norman Amendt said that information about the Town Manager should be included in this study.  He went on to say that he is concerned that Town Clerk Marie Thomas, who has been with the Town for about 6 years, will receive a salary of $44,990 after her next pay raise, and Police Officer Mark Burton will make about $700 less than she makes and has been with the town for about 6 years.  Mr. Amendt noted that this police officer wears a gun and a bullet-proof vest and works a swing shift.  He then noted that Adrienne, the secretary for the police department, makes $35,800.  He said that these figures do not make sense to him and noted that professionals were supposed to do this survey.  He then said that part-time employee BJ Keen worked 137 hours of overtime even though she was scheduled to work 30 hours per week.  The Town Manager said that the salaries for the police officers were set by the Chief of Police when these people were employed and went on to say that these salaries have been compared to the salaries from 17 to 20 municipalities.  When they looked at adjusting salaries, they looked at adjusting salaries for those on the low end of the scale.  Corporal Mark Burton, PFC Marlon Miller, PFC Justin Norman, and Patrolwoman Mary Rehill are being recommended for salary increases, effective December 31, 2007, because they are on the low end of the salary curve.  Receptionist Melanie Breech has been with the Town for 4 years; her salary is approximately $4,000 below the average salary for receptionists, and she is being recommended for a salary adjustment.  This study found that the salaries for five out of sixteen Town employees should be adjusted and are being recommended for adjustment because their salaries are below normal, and the salaries for the remaining employees were deemed to be at or above the norm and do not need a salary adjustment.  The employees who will receive a salary adjustment on December 31, 2007, will also receive a salary adjustment in May 2008.  Dr. Gregory suggested that a professional salary study was done; he is a professional who previously has done salary reviews.  He thinks that he is qualified to do the study, did a solid study, and saved the Town a minimum of $15,000 by doing the study in house.  He said that had a study been done by an outside group, the Town would only have received tables with no narrative and would have had to spend additional money to obtain the analyses that he did.  Dr. Gregory reminded the Council that he was given a time limit of 5 to 6 weeks to complete this study, and he worked hard to complete the study within that deadline.  He said that he stands by the information in the study and would be happy to answer any questions.  Norman Amendt agreed that he did a good job but said that it doesn’t make sense to him.  He said that the officers in the Ocean View Police Department receive more training (paid by grants) and have more equipment than other any town in the area.  Mr. Amendt said that the Town is losing officers because it is not taking care of them.  In response to a question from the Town Manager, Mr. Amendt said that the Town lost Lew Kester to the Delaware State Police and agreed that the Town cannot compete with the State.  He said that several people have told him that they would not come to Ocean View because of its problems and low salaries.  The Town Manager said that the Police Chief is to be commended for obtaining grants to pay for training and equipment.  He said that the Town provides its police force with up-to-date vehicles and equipment and pays them very good salaries.  He agreed that Bethany Beach pays higher salaries to its police department; however, many of the Town’s police officers have come to Ocean View from the Bethany Beach Police Department but the reverse has not happened.  Roy Thomas said that the Council must step back and ask if the study was done properly.  He then referred to the questions and answers provided by the Town Manager and said that one page of his questions dealt with the methodology used in this study because if decisions are to be made on the basis of a study, the study must be correct.  Mr. Thomas said that the study is not a perfect study but has much sound fundamental data gathering behind it.  He thinks that the Town Manager tried to ensure that the Town’s employees are paid more than the average in the survey.  He noted that the surveys included both small and large towns.  Mr. Thomas said that his calculations found that Ocean View was in the 60^th percentile when compared to other towns in the study, and the Town Manager recommended pay adjustments for those whose salaries were found to be low.  He mentioned pay raises that the Town’s employees have received over the past several years.  He said that certain errors or problems had been found in the study but he ran these through an Excel spread sheet and found that the errors did not have a significant impact on the findings of the study.  He said that this salary study is fair, did study the issue, and has been honest with the employees.  Norman Amendt said that none of the police officers came to him about this matter, and his statements are his own thoughts.  Mr. Thomas said that he drafted the motion found in the Council packet (copy attached to minutes) and introduced a motion to approve it as it is before them.  Richard Nippes seconded the motion.  Bill Wichmann said that the survey said turnover was not a problem and noted that the Police Department has lost 50% of its officers since 2004:  Kyle Archer and Lew Kester went to the Delaware State Police, Brandon Hammond went to the Georgetown Police Department, and Russell Carter went to a grocery chain.  He said that he had hoped to discuss these matters and understands that the Town cannot pay the same amount of money as the State Police but does think that the Town must understand that the State Police do exist.  He then noted that he wished to discuss other matters such as the statement that Bethany Beach does not have a summer program when it does have such staff members.  He said that he thinks that Rehoboth Beach Police Department has a new contract and wanted to look into this issue.  Mayor Meredith said that the Town cannot compete with the State Police, and two of the officers that it lost went to the Delaware State Police.  He said that he doesn’t know the details about Brandon Hammond’s transfer to Georgetown.  Bruce Wolford, The Cottages, asked if the officers who left were given an exit interview before they left and asked why they left and how often salary came up in those interviews.  The Town Manager said that he did an exit interview for Patrolman Carter who now works for a grocery chain but does not know if exit interviews were done for other police officers who left.  Dr. Gregory said that this individual told him that he left because the job was not what he expected; he did not leave because of the salary.  Mayor Meredith said that the others left because of salary.  Roy Thomas said that five police officers left:  two went to the Delaware State Police; one went to the Georgetown because of its proximity to his home, one left for other reasons, and one person went to a grocery chain.  Mayor Meredith, Roy Thomas, and Richard Nippes voted aye; Norman Amendt voted aye because he wanted to see the affected people get their raises, and Bill Wichmann voted nay.  The motion was approved by a vote of four to one.

8.      NEW BUSINESS:

1. Discussion and Consideration of Setting Time for Annual Election  The Town Manager said that Richard Nippes suggested a change in the time for the election in order to increase voter turnout.  Richard Nippes expressed concerns about people who work on Saturday and said that he doesn’t think absentee ballots are designed for such situations.  He thinks that people may forget to vote if the election starts at noon and changing the time might make it easier for people to vote.  He then asked meeting attendees if they had comments about this.  Mayor Meredith then opened the floor for comments.  An attendee suggested Friday night and Saturday morning, but Mayor Meredith explained that the Charter sets the election date.  Linda Steen, Savannahs Landing, said that she and her husband work on Saturdays and would like to vote but cannot because of their work schedules and would appreciate an extension of hours so they could vote.  In answer to a question from Mayor Meredith, Ms. Steen said that she works nearby but cannot count on having a lunch hour that would give her time to vote.  Roy Thomas suggested a 1-year trial in which the hours are extended from 8 a.m. to 4 or 5 p.m. and a review of these hours after the election.  Norman Amendt suggested that the election start at 7:30 a.m.  In answer to a request for his comments, Gordon Wood agreed that not many people came at the end of the day and said that registration and voting should be for the convenience of the people who register to vote.  Mayor Meredith suggested that the closing time remain at 5 p.m. since people are accustomed to that time and suggested that the election should start earlier in the day.  Roy Thomas made a motion that they keep the polls open for 1 year from 8 in the morning until 5 in the evening for the election coming up.  Bill Wichmann seconded the motion, and it was approved unanimously.  Mayor Meredith asked the Town Solicitor if the Town needed to change its requirement for a Council meeting on the Tuesday following the election; the new Council members are installed at that meeting.  The Town Solicitor said that the Town will change a number of its election laws for several reasons, and the main reason is the new State election law adopted in 2006.  The Board of Supervisors of Elections met twice to review the conflicts between the new State law, the Town Charter, and the Town Code.  He said that meeting attendees agreed that various notices would be presented about election matters.  He responded to Mayor Meredith’s question by stating that the State law will supercede much of the law that is now in effect in the Town of Ocean View; the Town will rely on State law.  The Town Solicitor said that the Town can’t install its new officers as soon as it did previously.  Roy Thomas then noted that the present Council members will need to remain until the new members are installed.  Mayor Meredith agreed that they would have to remain in office until they are replaced. 

2. Discussion and Consideration of Application Submitted by the Estates of Fairway Village for Amendment to Previously Approved Fairway Village RPC   The Town Administrative Official explained that the Town received an application from the Estates of Fairway Village that sought to amend the site plan for the Fairway Village PRC.  He noted that preliminary approval for the Fairway Village project was given in 2003 but nothing was done until it was approved for sewer, and the Planning and Zoning Commission approved the final site plan on December 21, 2006.  Mr. McMullen noted that the developers would like to enlarge the clubhouse from 2,400 square feet to 2,600 square feet, enlarge the swimming pool from 600 square feet to 1,100 square feet and relocate the pool, eliminate the gazebo and children’s playground but are willing to do whatever is necessary to please the Town, add additional landscaping (trees) to the amenity area, and sever the amenity area from the condominium regime and create it as an individual lot.  Miles Potter, Director of Engineering for Vista Design, explained that this area is currently part of the condominium regime, and they want to sever it so that the maintenance of the amenity area is shared by all homeowners including the single-family homes.  Norman Amendt asked if they planned to put in a small play area.  Steve Engle, Vista Designs, explained that the new builder believes that these homes will be sold to people who are 55 years and older and doesn’t think that many children will use this area; the builder thinks that it would be better to enlarge the pool and deck.  In answer to a comment from Mayor Meredith, Mr. Engle said that it is not being built as a senior community; the builder thinks this is the group that will buy the homes.  Richard Nippes agreed with Norman Amendt’s desire for a children’s playground.  Mr. Engle said that the builder has no problem with the installation of a tot lot but definitely wants to use this revised site plan.  Norman Amendt agreed that a tot lot would be acceptable.  Roy Thomas raised a procedural question and asked if it is not the Council’s policy to refer this type of application to the Planning and Zoning Commission for review and recommendation.  Mr. Potter responded said that since they are simply revising the amenities for the benefit of the community, they hope that the Council will approve this application without sending it to the Planning and Zoning Commission.  He explained that a bank is involved, and this project must go to closing.  It is ready to be turned over to the builder but this cannot be done until everything is approved.  He said that this is a better plan than the original plan but they will have to withdraw this application if they cannot get Council’s approval tonight and go forward with the original approved plans.  He said that time doesn’t allow it to be considered at the February P&Z meeting.  The Town Administrative Official explained that the Council must decide if this is a significant enough change on the originally approved plan to send it back to the Planning and Zoning Commission; he said that it is simply a restructuring of what they have.  He suggested that it could be sent to the Planning and Zoning Commission for consideration at the January 17^th meeting.  He said that similar changes have been approved by the Commission if a site plan is presented to them.  He said that if the Council thinks it is a significant change, it will have to be considered at the February P&Z meeting.  Roy Thomas said that he doesn’t want people to “dictate” to the Council; he thinks that the Town has an established process that should be followed.  Mr. Potter said that this was not his intention; they only received the plans within the last few weeks, which is the reason for their haste.  He also said that the builders are willing to include a gazebo and tot lot Mayor Meredith said that he does not like to bypass the Planning and Zoning Commission; however, if the Town Administrative Official said that the changes are not major, he would be willing to thinking about approving it with the condition that a tot lot be considered.  The Town Solicitor said that he is concerned about severing the amenity area from the condominium regime and asked who would own the amenity area after it is separated.  Mr. Engle answered that they are simply trying to share the maintenance between the condominiums and the single-family homes; at this time, it is now structured in such a way that only the condominiums are responsible for maintenance of the amenity area, and the single-families homes are not.  Mr. Potter confirmed that the ownership would be common so that all the residents of Fairway Village would own it.  Mr. Schrader then asked if there is a filed condominium document for this project/a planned declaration and code of regulations.  Mr. Potter said that the attorney is working on this document but he has not seen it.  In answer to another question from the Town Solicitor, Mr. Engle said that Phase I, which consists of sewer, water, and some roads, is the only part of the project that is in the ground.  In answer to another question from the Town Solicitor, Messrs. Potter and Engle stated that nothing has been sold to anyone other than developers.  Mr. Potter said that a condominium document is being prepared but may not have been filed and recorded at this time.  Norman Amendt said that he is not concerned about the gazebo but would like to see a tot lot.  Mr. Engle then presented another site plan, which is essentially the same plan with the addition of a gazebo and a tot lot.  Mr. Schrader then asked if the proposed amenity area as it was originally approved will remain a part of the RPC and was told that this is correct.  In answer to other questions, he was told by Mr. Engle that single family lots within Fairway Village will become part of the ownership of the amenity area, and was also told by Mr. Engle that he has seen no document that will demonstrate how this will take place.  Mr. Schrader said that one of the requirements that a community in an RPC must meet is certain acreages or square footage must used for a swimming pool, passive recreation, etc. and asked if this project will meet these standards in the RPC ordinance.  Mr. Engle said that it would and noted that they are increasing rather than reducing the amenities.  In answer to a question from the Town Solicitor, Mr. McMullen confirmed that the 166 single-family homes were approved as part of the RPC.  Mr. McMullen said that if this goes back to the Planning and Zoning Commission for stamp off and approval, he thinks that the Commission will have questions about the amenities that the applicants are providing to equal what was previously approved in the RPC; e.g.; the plan for the tot lot shows no individual rides, and the gazebo seems significantly smaller.  He said that the Planning and Zoning Commission has said before that if a previously approved plan comes back to it with minor changes, the Commission simply wants to be able to stamp off on it so that it is recorded properly.  Mr. McMullen said that these changes must be minor and also said that the P&Z could review it at its January meeting to determine if the members agree that these are minor changes.  Roy Thomas said that this seemed like a compromise solution and said that the Council would have to approve it at its February meeting.  Mr. McMullen noted that this RPC was approved without an ordinance.  In answer to a question from Norman Amendt, the Town Solicitor said that he would not encourage the Council to approve this without seeking the input of the Planning and Zoning Commission.  Mr. McMullen told Mr. Amendt that he could recommend that it is not a significant enough change to need a full RPC review, and the Planning and Zoning Commission could review it at its January meeting since it does not require FOIA notification.  He said that if it is a minor adjustment of a gazebo from point A to point B, the slight enlargement of the pool and clubhouse, and the movement of the tot lot, and the gazebo and tot lot will remain the same size, it basically means a reshuffling of the deck.  Mr. Amendt said that this is his motion.  In answer to a question from Roy Thomas, Mr. McMullen said that the Council could request that this application be returned to them; it could come back at the Council’s February meeting.  In answer to a question from Roy Thomas, the applicants agreed that this would meet their deadline.  Roy Thomas noted that Mr. Amendt made a motion and stated that he thinks that this application needs to go to Planning and Zoning and needs to return to the Council.  Mayor Meredith and Councilman Amendt asked if the Council could approve this application pending Planning and Zoning sign off on it.  The Town Solicitor said that they should be cautious about approving anything that Planning and Zoning does before the Planning and Zoning does it.  In answer to a question from the Town Manager, Mr. Potter said that this deadline deals with the bank.  The project needs to change hands so a closing date can take place.  In answer to answer to a question about the specific date, Zack Crouch DBF, explained that as part of the agreement with the builders, before the lots can be turned over to the builder and once the pavement is down, the amenities must be parceled out so the single family and condominiums can share in the maintenance expense, and the approved site plan must be done by the February date but he is not sure of the specific date in February.  He said that if the changed site plan is not approved by this time, they will fall back on the previously approved plan; he noted that the increase in size of the pool and clubhouse and additional walking path make it a more viable site for the community.  Mr. McMullen noted that if it were a significant change to the RPC site plan, it would require a site plan review by the Planning and Zoning Commission and noted the removal of amenities such as the tot lot that were approved by and insisted upon by the Planning and Zoning Commission.  A brief discussion between Messrs. McMullen and Crouch about the various plans and the changed amenities took place.  Mr. Amendt noted that the Council will meet on February 5^th, and he thinks that the applicants’ timeframe could be met.  Roy Thomas agreed with Mr. Amendt and made a motion that the Council should refer this to Planning and Zoning for its January meeting, and it will send it back to the Council before its February 5^th meeting.  Mayor Meredith said that the Council could have a special meeting if necessary.  The Town Manager noted that since there is a weekend before the February 5^th meeting, they only have three possible dates for settlement before the February 5^th meeting and asked if this could be done.  Mr. Crouch said that he would check on this.  Norman Amendt seconded the motion, and it was approved unanimously.

3.  Discussion and Consideration of Application for Conditional Use Submitted by Bret A. Martine for Construction of Retail Shops and Gas Station at 21-23 Atlantic Avenue  The Town Administrative Official said that this item could not be heard because no one is here to represent the application since they weren’t notified; it will have to be deferred until the next Council meeting.  Roy Thomas started to make a motion to defer the application; however, the Town Solicitor said that it could be handled as a conditional use and treated as a change of zone application; this is how a conditional use application should be handled.  He said that the ordinance should be introduced, and the application forwarded to the Planning and Zoning Commission.  Roy Thomas then amended his motion to state that this Conditional Use Submitted by Bret A. Martine for Construction of Retail Shops and Gas Station at 21-23 Atlantic Avenue be referred to Planning and Zoning.  Richard Nippes seconded the motion, and it was approved unanimously.  The Town Administrative Official said that this application cannot go to the Planning and Zoning Commission until its February meeting because of FOIA advertising requirements, which would put it close to the 45-day response deadline for the Planning and Zoning Commission to send its recommendations back to the Town Council.  He expressed concerns about meeting that deadline if the Planning and Zoning requires additional information from the applicant.  The Town Solicitor explained that the Planning and Zoning Commission has 45 days from the date that it closes the public record on its public hearing to make a recommendation to the Town Council.  The Planning and Zoning Commission will hold its hearing on February 21^st, and if the public record is closed on that date, 45 days are measured from that date, which would extend the deadline for making a recommendation to the Town Council to May.  He said that an application for conditional use is treated procedurally as a change of zoning application.  The Council accepts it for purposes of acknowledging that it has been received by the Council, no vote is taken, an ordinance is introduced, and it goes off to the Planning and Zoning Commission for review at its next regular meeting and comes back to the Council.  Roy Thomas introduced the ordinance. 

4. Discussion and Consideration of Resolution to Establish Water Rates  The Finance Director explained that the resolution before the Council is needed in order to access USDA grant funds, and the resolution contains the same water rates listed in Section 2 of the Ordinance Establishing Fees, Water Rates, and Requiring Water Meters in the Town of Ocean View that had its first reading tonight.  Mayor Meredith asked if the Town could sign the resolution before the water rates in the ordinance are approved.  The Town Manager agreed with the Town Solicitor that it would be preferable to have the ordinance approved but the USDA has told the Town that it needs a resolution in order to release the grant funds.  The Town Manager and Town Solicitor agreed with Mayor Meredith’s statement that they are signing this resolution with the anticipation that the ordinance will be approved.  Roy Thomas moved approval.  Richard Nippes seconded the motion, and it was approved unanimously. 

5. Discussion of Giving Responsibility for Woodland Avenue to DelDOT   Richard Nippes said that he is proposing this idea because the southern half of Woodland Avenue has become a thoroughfare in which the majority of the cars using that road are not Ocean View taxpayers.  He said that if the Reserves development is ever completed, up to 300 additional homes will empty onto Woodland Avenue, and the Town’s taxpayers will have to pay to maintain that road because the Town owns Woodland Avenue.  He said that the Town’s financial situation will ever permit it to put that road in proper condition.  He noted that the increased traffic has created nightmarish conditions for the many people who walk, bike, or ride wheelchairs on that road and doesn’t think that the Town will ever have enough money to build the walkway that should be there.  He said that the road is rapidly deteriorating because of the poor drainage conditions in that area and said that the DPW does its best to patch the road.  He thinks that the Town should cede its ownership of the road to the State because the State created the problem by allowing Sussex County to approve the development in this area.  Norman Amendt said that he doesn’t think that the State will agree to take over this road and noted that it cannot afford its current highway responsibilities.  He said that he and the Town Administrative Official talked to the State about a possible solution to a problem at Woodland and West Avenues, which should slow down west-bound traffic.  Richard Nippes said that it should not be a problem to discuss this matter with the State and said that nothing happens if one does not ask.  Mayor Meredith agreed with that statement and said that the State might offer some money to help with this problem.  Richard Nippes recommended that they ask the Town Manager to pursue this matter with DelDOT.  Mayor Meredith agreed with that recommendation. 

9.      CITIZEN’S PRIVILEGE

Joe Martinez, Savannahs Landing, read a statement of objection against the application to construct a gas station at 21-23 Atlantic Avenue in Ocean View (copy filed in official notebook and official application file).  He said that a copy of his statement was sent to the WAVE. 

Susan White, Savannahs Landing, said that the Woodland Avenue issue was brought up before the Town Council almost 8 years ago.  She explained that the original developer of The Reserves offered to pay 50% for upgrading that road, and the Council voted against it.  If the Town cannot get the State to take back this road, she suggests that the Town seek money from future developers to upgrade this road because it is long overdue.  She then referred to the salary increases for the Town Administrative Official/DPW Director and the Finance Director.  Roy Thomas explained that several officials currently earn overtime pay, and this pay raise will include the overtime pay that they will no longer receive and their regular 5.5% pay increase.  Mayor Meredith explained that these employees are going from non-exempt to exempt status.  Ms. White thinks one of the salary is a tremendous increase for 1 year and for this area.  She then referred to the amount of overtime earned by the part-time person and questioned the specifications for that job. 

Bill Wichmann made a motion for adjournment.  Roy Thomas seconded the motion, and it was approved unanimously.  The meeting adjourned at 8:45 p.m.

                                                                Respectfully submitted,

                                                                      Conway Gregory                                                                        Town Manager

Enclosure

Transcribed from recording:  December 31, 2007