MINUTES OF THE MEETING OF THE

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					                                MINUTES OF THE MEETING OF THE
                             CITY OF SEAFORD MAYOR AND COUNCIL

July 28, 2009                                                                   7:00 p.m.

Mayor Edward H. Butler, Jr. called the Regular Meeting to order with the following in attendance:
Councilwoman Pat A. Jones, Councilwoman Grace S. Peterson, Councilman J. Rhea Shannon, and
Councilwoman Leanne Phillips-Lowe. Dolores J. Slatcher, City Manager, Charles D. Anderson,
Assistant City Manager, and Joshua E. Littleton, Building Official were present.

Councilwoman Peterson offered the opening prayer and Mayor Butler led those present in the Pledge
of Allegiance.

Mayor Butler solicited changes to the agenda. City Manager Slatcher stated she received a letter
from Carol Ann Wickes, DelDOT regarding Municipal Street Aid; she would like this piece of
correspondence added. She also would like to present information from Sussex County Councilman
Michael Vincent and Sussex County Administrator David Baker regarding the American Recovery
Bonds, added as New Business #5. Mayor Butler called for a motion to accept the changes to the
agenda. Councilwoman Phillips-Lowe made the motion to accept the changes to the agenda as
presented. Councilwoman Jones seconded the motion. Motion so passed with all voting in favor.

Mayor Butler called for a motion to approve the Minutes of the Regular Meeting of July 14, 2009.
Councilwoman Jones made the motion to accept the Minutes of July 14, 2009. Councilwoman
Peterson seconded the motion. Motion so passed with all voting in favor.

 Mayor Butler asked for correspondence. City Manager Slatcher presented the letter from Carol Ann
Wickes of DelDOT. As everyone is aware from the newspaper articles, the municipalities will not be
receiving Municipal Street Aid; Seaford specifically would lose $220,000. Ms. Wickes in her letter
said our hopes are that the economic downturn will soon reverse itself to allow funds to flow again to
create jobs, and allow programs, projects and service to be completed. DelDOT plans to reinstate the
Municipal Street Aid in FY2011 and any current and additional mileage that would have been
included in this year’s program will be added in FY2011. City Manager Slatcher stated it appears
DelDOT intends to reinstate the program. She also added everyone is working to have the program
reinstated in FY2011 so that they will not have to look for alternate funding in FY2011.

Mayor Butler closed the Regular Meeting and opened the Public Hearing at 7:05 p.m.

Mayor Butler asked Mr. Littleton to present the public hearing items.

Mr. Littleton presented the request from FHG Enterprises, property owners of land on Venture Drive,
Ross Business Park; identified as Tax Map and Parcel 331 5.00 4.23. The land is just west of the
Park Ventures project owned by Kent Peterson. Mr. Robert Wheatley, The Whayland Company, was
here tonight to represent the owners. Mr. Littleton explained this is a sketch plan approval for a
70’x120’ pre-engineered metal building - 9,388 s.f. warehouse and office space. Fourteen parking
spaces, a dumpster enclosure and loading
zone are part of the site design. A new entrance will be created on Venture Drive. The project must
comply with the Covenants of Ross Business Park; it will also comply with the M-1 regulations. The
long, narrow lot backs up to the Western Sussex Boys & Girls Club. A series of swales and piping will
discharge storm water into the existing regional pond. The City’s engineer will review the design to
ensure that it functions with the existing pond.

Mr. Littleton noted the property owner has requested the project be fast tracked from sketch plan
approval tonight to final plan approval in order to expedite the construction schedule so the building
is finished by the end of the year. Council will see the project one more time. City Manager Slatcher
noted Planning and Zoning agreed to allow the project to skip the preliminary plan review; this is at
the risk of the developer as other issues may arise which would normally show during the preliminary
plan process. Mr. Littleton commented the project must receive approval from the State Fire
Marshall and Sussex Soil Conservation District.

Mayor Butler called for questions from the Council and the public. There being none, he asked Mr.
Littleton to present the next agenda item.

Mr. Littleton presented Case No. S-13-09, the request from the City of Seaford to subdivide 2.678
acres to create a lot from Tax Map and Parcel 531 10.00 236, the lands of Seaford Industrial Park.
The proposed lot is on the south end of Park Avenue at the intersection of Nesbitt Drive. The property
currently has a tank farm on one corner that is used in conjunction with the aerosol plant. City
Manager Slatcher stated the reason the City is pursuing the subdivision is that this is the last lot in t
Minutes of the Meeting of the
Mayor and Council
July 28, 2009
Page 2

the Park; the subdivision will make a stand alone lot taking the roadways and infrastructure out of
the mix. The City has entered into a three year lease for the tank farm with Advanced Aerosol, LLC.
The City did not subdivide the lot with the original lease agreement; the lease is for the entire parcel,
the tenant will be responsible for the maintenance – cutting the grass, etc.

Mayor Butler called for questions from the Council and the public. There being none, Mayor Butler
closed the public hearing at 7:10 p.m.

Mr. Littleton presented the Findings of Fact for FHG Enterprises:
          This is a sketch plan approval;
          The project is a 9,388 s.f. building for warehouse and office space;
          The project complies with M-1 zoning;
          Parking spaces and loading area meet minimum Code Requirements;
          Owner requests to move directly to final plan approval;
          Planning and Zoning recommends approval of the sketch plan and moving to final plan
             approval with the stipulation that all agency approvals are in place prior to final plan
             approval.

Mayor Butler called for a motion. Councilman Shannon motioned to approve the sketch plan to build
a 9,388 s.f. warehouse and office owned by FHG Enterprises, LLC; identified as Tax Map and Parcel
331 5.00 4.23. Councilwoman Peterson seconded the motion.

Roll Call Vote:
        Councilman Shannon voted in favor based on the Findings of Fact;
        Councilwoman Phillips-Lowe voted in favor based on the Findings of Fact;
        Councilwoman Jones voted in favor based on the Findings of Fact; and,
        Councilwoman Peterson voted in favor based on the Findings of Fact.

Mayor Butler confirmed the Council voted unanimously to approve the sketch plan for FHG
Enterprises, LLC, property owners on land in Ross Business Park.

Mr. Littleton presented the Findings of Fact for Case No. S-13-09, a subdivision request from the City
of Seaford.

         Case No. S-13-09;
         Subdivision of Tax Map and Parcel 531 10.00 236 in Ross Business Park;
         Meets M-1 zoning area and bulk requirements;
         Planning and Zoning recommends approval of the subdivision.

Mayor Butler called for a motion. Councilwoman Peterson motioned to approved the subdivision of
2.678 acres from Tax Map and Parcel 531 10.00 236 in the Seaford Industrial Park owned by the
City of Seaford. Councilwoman Phillips- Lowe seconded the motion.

Roll Call Vote:
        Councilman Shannon voted in favor based on the Findings of Fact;
        Councilwoman Phillips-Lowe voted in favor based on the Findings of Fact;
        Councilwoman Jones voted in favor based on the Findings of Fact; and,
        Councilwoman Peterson voted in favor based on the Findings of Fact.

Mayor Butler confirmed the Council voted unanimously to approve the subdivision of Tax Map and
Parcel 531 10.00 236 to create a 2.678 acre lot.

Mayor Butler asked City Manager Slatcher to present New Business # 1, the quotes from banks on
borrowing funds to buy the sworn police officers into the State of Delaware County and Municipal
Police Pension Plan. City Manager Slatcher stated Mrs. June Merritt, Finance Director received three
quotes on borrowing $1.2M for ten years from local financial institutions - Delaware National Bank,
PNC Bank and Wilmington Trust Company. City Manager Slatcher informed Council the State wanted
8% interest on the ten year loan. Mrs. Merritt is recommending the City obtain the loan from
Wilmington Trust Company as they have the lowest variable rate on an unsecured loan that is
backed by the full faith and credit of the City. The loan will be for $1.2 million for 10 years at a
current variable tax exempt rate of 2.11%. Councilman Shannon made the motion to approve
borrowing $1.2 million from Wilmington Trust Company for the purpose of buying the sworn officers
into the State of Delaware County and Municipal Police Pension Plan. Councilwoman Peterson
seconded the motion. Motion so passed with all present voting in favor.
Minutes of the Meeting of the
Mayor and Council
July 28, 2009
Page 3

City Manager Slatcher explained New. Business No. 2 was a discussion on closing the community
pool. Mayor Butler invited Ms. Kathleen Taylor of 529 E. Poplar Street to the podium. Ms. Taylor was
present to ask Council to reconsider the closing of the Community Pool. She found out after the fact
of the action. She was concerned that no one considered raising the rates or looking for other
options. She feels the citizens and children of our community need a place to go for sunshine and
fresh air that is offered at an affordable price. The Boys and Girls Club has a pool, but only some
children can attend. In troubled economic times, the Country Club or the Seaford Swim Association is
not an option for some families. Ms. Taylor believes an alternative could be found to keep the pool
open.

City Manager Slatcher explained to Ms. Taylor the reasons for closing the pool, while pictures of the
condition of the pool were displayed. The pool requires extensive work – the paving needs to be
fixed; both water heaters need to be replaced; the baby pool needs new tiling; the picnic pavilion roof
is deteriorating; the roof on the club house needs to be replaced; the decking off the building is
rotting; the main pool needs painting and retiling; the bathhouse needs a complete overhaul -
mirrors, sinks, and toilets are deteriorating; the diving boards are rusting at the bottom and need
replacing which costs thousands of dollars; a tree is growing through the pool decking; etc. Ms.
Taylor asked if the repairs could not be spread out over time. City Manager Slatcher replied the
diving boards because of the liability and the kiddy pool has to be repaired because you can’t have
children putting tiles in their mouths. New Federal regulations have to be met to operate the pool,
they are getting more stringent each year, including the training of life guards and the number of life
guards that have to be on duty at all times. Part of this contributes to the increase in the cost of
operating the pool. City Manager Slatcher used Newark as an example - they wanted to charge a fee
based on what it costs to maintain the pool and in arriving at those numbers, the fees went up 10
fold. The public will not pay that cost. The City charge last year per day was $4.50 pp. and they still
couldn’t cover the cost. If the City had to increase the fees to cover the costs, the daily fee would not
be affordable. City Manager Slatcher provided usage numbers for 2007 and 2008. Private parties in
2007 were 24; in 2008 down to 19. Seasonal membership in 2007 was 200, in 2008 it was 150;
July 2007 walk-ins were 1325; 2008 – 1005; the walk-in usage declines as time goes on during the
summer. Ms. Taylor thought perhaps grants are out there. City Manager Slatcher noted grants of any
type just aren’t out there anymore. The stimulus money is for job creation – manufacturing,
construction, commercial – directed to the private sector to put people back to work. The pool
doesn’t qualify under the stimulus program. Mayor Butler said it wasn’t an easy decision for Council.
The condition of the pool has to be upgraded. Councilwoman Jones asked if Ms. Taylor was provided
the dollar amount for the repairs. City Manager Slatcher said she would have to contact Cannon
Pools for the cost. Councilwoman Jones stated she recalled about $300,000 to complete all the
repairs. City Manager Slatcher reminded everyone the pool is thirty years old. Councilman Shannon
pointed out the usage at the other pools seems to be down; it just didn’t make financial sense at this
time to keep the pool operational. Mayor Butler thanked Ms. Taylor for her input.

City Manager Slatcher presented New Business No. 3, a discussion on the storm drain marking
project. City Manager Slatcher introduced Ms. Jennifer Volk of the DNREC
Watershed Assessment Section. Ms. Volk stated DNREC has received a grant from the Chesapeake
Bay program for reducing pollution in the watersheds – including funds for failing septic systems,
cost sharing practices in agricultural including winter cover crops; and funds to mark storm drains.
Greenwood, Bridgeville, Laurel and Seaford were selected for this project. The project will inform
citizens about what they are doing on land that affects water quality. Markers will be installed by
volunteers on storm drains in the communities. Volunteers will work in groups of 3 or 4 to mark the
drains picked out by DNREC. Greenwood, Laurel and Bridgeville projects were completed over the
past few months. She would like to gather thirty volunteers on September 12th to mark the drains in
Seaford. City Manager Slatcher pointed out September 12th was the date of the Woodland Ferry
Days, making it difficult to recruit volunteers. Ms. Volk said September 19th would work, using the
last Saturday in the month as a rain date. City Manager Slatcher asked what time should the
volunteers show up for the project – Ms. Volk said about 10:00 a.m.; the volunteers would receive a
thirty minutes orientation, and the actual time involved would be about 1 ½ hours; two hour total
time commitment. The volunteers will assemble at City Hall. This probably is not enough time to do
all the drains, they would be prioritized. She had discussed the project with Berley Mears, Dir. Of
Public Works, who felt during slow times his department could work on the project. Councilwoman
Jones asked where the markers would be installed and how durable are they? Ms. Volk said they
would be glued with industrial strength glue where curbs are by the drains; the markers are UV
resistant and scratch proof. They have a ten year life span. City Manager Slatcher asked about the
rolled curbs. Ms. Volk stated the markers were not designed for those locations. City Manager
Slatcher remarked safety gear would be necessary for the volunteers. Ms. Volk said everyone would
be provided with an orange safety vest and brush. The volunteers would not work on Stein Highway
or Middleford Road due to heavy traffic. Mayor Butler called for a motion. Councilwoman Phillips-
Minutes of the Meeting of the
Mayor and Council
July 28, 2009
Page 4

Lowe made a motion to accept the grant to mark storm drains as offered by DNREC Watershed
Assessment Section. Councilwoman Peterson seconded the motion. Motion so passed with all
present voting in favor.

City Manager Slatcher presented New Business No. 4, the proposed policy change and to include it
as part of the Electrical Rules and Regulations, Section 9c) Meter Locations which pertains to the
marking of meter locations. City Manager Slatcher explained a meter identification label of reflective
materials with characters no less than one inch and no greater than 1 ½ inches in height shall be
placed in the upper left corner of the meter pan cover. Permanent marking pens or paint shall not be
permitted. This label is necessary to make it easier for the City meter reader in situations with
multiple meters, to identify which meter belongs to which location. In multiple meters, if the address
is not put on the outside, it is easy to pull and switch the wrong meter; it doesn’t happen often but it
can happen. Thus, the Electric Department would like to see this Ordinance adopted. Mayor Butler
called for questions. There being none, Councilwoman Peterson made the motion to approve the
policy for marking of electric meter locations and to include it in the Electric Rules and Regulations of
the City of Seaford, as presented. Councilwoman Phillips-Lowe seconded the motion. Motion so
passed with all present voting in favor.

City Manager Slatcher presented New Business No. 5, the Sussex County American Recovery Bonds;
actually through the Federal Government stimulus program. There is $16,444,000 limits for Sussex
County on the Recovery Zone Economic Bond which is for the municipals. These are taxable bonds
(municipal bonds are usually tax exempt); a 45% subsidy payment on the interest is paid back to the
issuer by the Government. Sussex County Councilman Vincent and County Administrator David Baker
have indicated the entire County is in the recovery zone for these funds. Davis-Bacon wages have to
be used- these funds are for construction, renovations, etc.

The second package is for the private sector - $24,967,000, tax exempt financing. It can’t be used
for SIN uses such as golf courses, massage parlors, tanning salons, gambling, etc. It also can’t be
used for residential rentals. It can be used for agricultural and non-manufacturing jobs. There is a
$250 application fee; 2% cost of issuance and 10% of the proceeds will go into a reserve fund. This
is being pushed throughout Sussex County. City Manager Slatcher and Assistant City Manager
Anderson are recommending to Council that Seaford hold a workshop on the bond program; letters
would be sent to specific businesses who are looking for funding either through Industrial Revenue
Bonds or DEDO for assistance with funding. The County could conduct the workshop to explain the
process; the application is multi-page and lawyers and accountants will have to be involved. There is
a lot of information required. The workshop would be a pro-active way for the businesses to learn of
the bonds if they are eligible and that is the key – if they are eligible. Someone from Sussex County
Administration could come over and explain the process. If a business person is interested, the City
should get it out there to them. Mayor Butler and Council agreed this would be a good thing to offer.

City Manager Slatcher in discussing the Bonds available for municipalities felt she would like to see
the County put a sample application together – to show us on a spreadsheet what the costs are. The
bonds are not tax exempt so there is a cost there; in normal cases, we are exempt so that reduces
the purchaser’s cost; there is also a higher interest rate, normally we
get 65% of prime but we have to pay 100% of market but there is a 45% subsidy but it seems like
you are still paying more. I would just like to see the County take a dollar amount and show us how it
flows through the process. I know we have to pay a $250 application fee. But what are the other
costs. The County may need someone from the Federal government come in because the County
may not know how it will flow out. The City will put a letter out and see if there is any interest and
then contact the County to give us a date and time.

REMINDER OF MEETINGS:

Councilwoman Jones reminded Council that the Eastern Shore AFRAM Festival will take place August
6th, 7th, & 8th. On the 6TH a fish fry starts at 5:00 p.m. and set up will take place in Nutter Park, along
with a basketball tournament. All the food is donated by Food Lion. Councilwoman Jones went on to
say they have 75 vendors attending. In addition, the big stars of the event are the Lone Ranger and
Silver- he will be in the parade and do a western show at 1:00 p.m. on Saturday.

The parade will step off from Fred Douglass School on Aug 8th at 10:00 a.m.; several marching bands
will participate. The Rev. Diane Lofland from New Outreach in Bridgeville will be the Grand Marshall.
Regina Batson, long time Seaford teacher will come out for field day at 2:00 p.m. Councilwoman
Jones hopes everyone will come out and have a good time. Councilwoman Jones thanked the City for
their sponsorship.
Minutes of the Meeting of the
Mayor and Council
July 28, 2009
Page 5


COMMITTEE REPORTS:

 Councilwoman Peterson reported the Operations Committee is going smoothly; PW is doing usual
summer tasks.

 Councilman Shannon reported the Department is fairly busy and everything is going smoothly.
They received stimulus funds and have purchased a new patrol car.

 Councilwoman Phillips-Lowe reported inventory and fixed assets are being entered into the new
software system. Everyone hopes the 3rd utility billing in August will go smoothly. The City’s fiscal year
ended June 30th; preparations are underway for the audit scheduled for the first week of September.
Mayor Butler stated he was proud of the employees for their hard work during the software
conversion.

Councilman Shannon in referencing the letter from Ms. Wicks, asked if there was something the City
could do? The funds were dropped from the State budget after the City budget was prepared. City
Manage Slatcher stated the Delaware League of Local Governments is actively pursuing the
situation. If a legislator was not on the Bond Bill Committee they were not aware of the budget cut. It
is understandable the State has to balance the budget, but the pain should be shared. The
Representatives were not present when it occurred; they were not called when the issues arose. This
action took place on a Sunday. The funds did not come out of the General Fund budget. They came
from the gasoline tax. Hopefully, the municipalities will see the funding restored next year. Mayor
Butler stated it puts the municipals in a bind when the State budget isn’t done. City Manager
Slatcher pointed out street lighting is an issue on the State-maintained roadways. DelDOT is
requiring the municipals to pay for maintenance this year. If funding is not restored, do we cut off
every other light? She went on to say the revenue forecast is not projected to be any better for next
year. The City may have to invest the time at the end of the General Assembly session to be in Dover-
to make sure our voice is heard and we know what is happening at the very end of the State’s
budget process.

Councilman Shannon also expressed his concern with the curbing situation when Stein Highway and
Shipley Street are repaved. The street is higher in some locations than the curbing. Councilwoman
Peterson pointed out the curbing is the responsibility of the property owner to maintain. City Manager
Slatcher noted the State does take responsibility for some
curbing; but the curb and sidewalk is generally the responsibility of the property owner, by Charter.

Mayor Butler called for a motion to adjourn. Councilman Shannon so moved; Councilwoman
Peterson seconded the motion. All present voted in favor. Mayor Butler adjourned the Regular
Meeting at 8:07 p.m.

By: _______________________________
     Dolores J. Slatcher, City Manager

				
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