The Town of Ocean View this week held its first workshop to review the proposed operating budget for the 2017 fiscal year and five-year Capital Improvements Program.

At the Jan. 26 workshop, Town Manger Dianne Vogel noted the proposed budget for personnel includes a pool of 2 percent of total department salaries for compensation increases that has been rolled forward from the prior year’s budget; overtime is projected at 10 percent for first-responders and 3 percent for other staff; one additional full-time police officer; and the compensated seasonal volunteers who provide seven-days-a-week front-desk coverage from Memorial Day to Labor Day for the Public Safety Department.

She also noted that, while there are increases for health-care coverage, dental coverage and life insurance, as well as workers’ compensation insurance, those numbers are currently an estimate.

In the 2017 fiscal year, a full assessment of all tax parcels will be completed, at an estimated cost of $100,000.

Draft capital improvement projects for the upcoming budget include making improvements to John West Park, and additional holiday décor for the municipal building and town hall, as well as continuing to work with the Delaware Department of Transportation on the Transportation Enhancement & Pedestrian Improvement Program, to provide a network of sidewalks throughout the town.

Finance Director Lee Brubaker told the council that he guaranteed the numbers will change, as they are in the beginning stages of drafting the budget. He reminded the council that it is important to wean off using transfer tax revenue, as it is not a reliable revenue source.

“It is my belief that the day-to-day operating revenues of the Town — property tax, building permits, all the other things — ought to pay for our day-to-day operating costs,” he said. “Transfer taxes, they are set aside to be used for long-term capital projects.

“Prior councils have agreed that we should reduce our usage of transfer taxes for operations by $25,000 a year.”

Mayor Walter Curran asked if $25,000 per year was enough to set aside for capital projects.

“That is the looming mountain that’s coming in front of us,” he said. “It’s something to think about.”

Brubaker said drainage is also a big item to address as, in 2007, the town engineer reviewed the roads in the town and prioritized drainage projects. He noted that there are drainage projects in the amount of $1,024,000 that are not yet provided for in the draft budget.

Curran said the drainage work in Avon Park will be completed this year, which he noted is some progress. Public Works Director Charles McMullen said Country Village’s Phase I project can now move forward, after receiving the last easement from a property owner.

“We’re going to start getting that ready for bid,” he said.

Tuesday night’s workshop was the first of many. The Town must adopt the budget no later than April 30. Copies of the draft are available by visiting the Wallace A. Melson Municipal Building.

Ed Bintz first raised the alarm about a drastic change in South Bethany’s flood insurance rate map (FIRM). Now he’s submitting a second and final appeal to encourage Federal Emergency Management Agency (FEMA) to lower the numbers again.

Owning an Ocean Drive house, Bintz heard in 2014 that his flood insurance premiums would decrease significantly when FEMA proposed lowering the base flood elevation (BFE) of the street from VE-12 feet to VE-10 feet. But when the public process was over, most of Ocean Drive instead leapt up to the VE-13 designation. That number indicates how high the house must be built, according to FEMA, to avoid flood and storm damage.

Realizing that FEMA might have taken a closer look at the numbers after receiving an inquiry from individual town council members, Bintz lobbied the council to fight for the original numbers to be reinstated. FEMA agreed to re-open the public process, but residents still face a BFE of 13 feet.

Recently, the council sent an appeal on behalf of the Town, but individuals were allowed to appeal, too. They just had to request the council approve their sending of an appeal.

Approving Bintz’s appeal does not make the Town liable for it.

“It doesn’t represent how the Town feels. … We have no opinion,” said Mayor Pat Voveris. “We’re merely the vehicle” for sending it.

Having received the paperwork on Jan. 19, the council called an “emergency meeting” for Jan. 20, in order to send the appeal on time. The Town understood that the FEMA deadline was Jan. 20, although Bintz said he believed that was his deadline to approach the Town.

After the council agreed to send Bintz’s appeal, they sent the paperwork to FEMA by email and official courier.

In that brief meeting, Voveris said that she, along with Councilmen Tim Saxton, Wayne Schrader and Frank Weisgerber were just enough council members to make a quorum. There were no call-ins by other council members, and no members of the public at the meeting.

Bintz has frequently questioned FEMA’s reasoning for changing the BFE by 3 feet, seemingly on a whim, he said, especially when neighboring towns’ BFE didn’t increase that much.

While Bintz didn’t indicate the specifics of his appeal, he said it includes some details from the town council appeal, plus others.

“I studied things and just viewed things a little bit differently than them,” Bintz told the Coastal Point.

In December, the council had voted, 4-3, to make an appeal based on the protective power of South Bethany’s dunes.

Appeals must be scientifically grounded for FEMA to take note, officials have said.

FEMA officials had previously indicated that the Town’s appeal could be answered by May, although there is no anticipated timeline on Bintz’s appeal.

Sussex County Council this week heard a presentation on its audited financial statements for the 2015 fiscal year. Keith Hammond, CPA at BDO USA LLP, a firm of licensed certified public accountants, said the County was given a “clean” opinion and was in compliance with federal programs.

For 2015, Sussex County ended the fiscal year overall with $4,009,295 in revenues above expenditures, giving the County its sixth year in a row with a financial gain. The boost was fueled by an increase of approximately $1.5 million in building-related revenue and an uptick in real estate transfer tax revenues, as well as a sharp drop in capital spending, as several County construction projects were completed during the past year. The County will set aside the added revenue in the County’s capital fund for future projects.

For the General Fund, revenues were down 1 percent, or $560,000. There has also been a decrease in Sheriff’s Office revenue of $621,000 and a decrease in grants received of $1.8 million. Finance Director Gina Jennings said those decreases were offset by increases in building-related revenue. Expenditures increased by $1.7 million, for which the County budgeted.

Overall revenue was up; however, the County’s General Fund portion of the 2015 budget will record a loss of $402,905, as a result of the County transferring $6.2 million for future capital projects.

Real estate transfer tax was the County’s largest revenue source, at 39 percent of the general fund’s revenue. The 3 percent levy on all property sales resulted in $22.2 million in revenue in 2015. Property tax is the second largest revenue stream for the County, at 25 percent, equating to $14.5 million.

Jennings said 86 percent of the realty transfer tax, or $19,023,232, was spent on public safety.

Council President Michael H. Vincent praised the County’s financial team for helping the County earn another year of high marks.

“We’re in this fortunate position again because of sound fiscal management and prudent decisions, and we have Ms. Jennings and our financial team to thank for their diligent work and guidance,” Vincent said. “The county council and the public appreciate very much that the taxpayers’ dollars have been managed appropriately and used wisely for another budget year.”

Sussex County has submitted the 2015-fiscal-year financial report to the Government Finance Officers Association of the United States & Canada for consideration of its Certificate of Achievement for Excellence in Financial Reporting award. The County has received the award the past 13 years. Jennings said she is optimistic the County will receive the same recognition for the 2015 report.

The complete report and other information will be available on the County’s website at www.sussexcountyde.gov/comprehensive-annual-financial-reports.

In other County news:

• The County’s emergency managers are asking property owners and residents affected by this weekend’s storm to submit information on any damage to homes and businesses so officials can map the reports and gain a clearer sense of what issues the winter nor’easter left in its wake. Only businesses and primary residences are eligible.

Members of the public who experienced any storm-related damage to their properties can report incidents to the Sussex County Emergency Operations Center by calling (302) 856-7366. Damage must be a result of the storm between Jan. 22 and Jan. 24.

• The council granted $250 to the Town of Ocean View for its annual Homecoming event, held in May.

• The council deferred voting on a grant request from Liberty Day Institute, which hopes to teach school children about the Constitution of the United State. Councilman George Cole said he thought the grant should be given on the condition that Kent and New Castle counties also award the organization grant monies. However, Councilman Rob Arlett said the subject is of such importance that he would like to ensure Sussex County students receive that additional education. The council voted to defer voting in order to find out more about the organization.

• The council also deferred voting on a grant request from River Soccer Club, which hopes to rebuild one of its fields. The last grant given to the club was $1,000. It will take an estimated $22,000 to rebuild the field.

Coastal Point • Laura Walter: After a series of heart surgeries and treatments, baby Coleton Lowe is recuperating happily in the arms of his father, Fenwick Island policeman Stephen Lowe.Grinning up at his parents and at complete strangers, baby Coleton Lowe is clearly the star of the show. At 3 months old, he doesn’t look like someone who was born with a congenital heart defect that required surgery within hours of his birth.

But community support has helped him get treatment, and helped keep his parents, Stephen and Amanda Lowe, nearby throughout the process.

“Thank you, thank you, thank you,” Amanda Lowe said she wanted to tell the community. “We can’t thank you enough. You helped us save his life, let us be there with him.”

Despite an otherwise perfect pregnancy, baby Coleton was diagnosed with transposition of the great arteries, in which his largest arteries were incorrectly attached to the heart. In Coleton’s case, the pulmonary artery and aorta grew in each other’s places.

Upon leaving the womb, his veins wouldn’t carry oxygenated blood correctly.

Luckily, the Children’s Hospital of Philadelphia is no stranger to the surgeries and complications Coleton faced. After working through his many issues, Coleton is now home and down to just one medication used to treat fluid around his heart (a significant improvement from his previous 15 medications).

He still has a lifetime of cardiologist check-ups, with regular visits to Philadelphia to monitor a ventricle that is 30 percent smaller than it should be. Otherwise, physicians have told the family, he should lead a relatively normal life.

Stephen Lowe’s position as a corporal in the Fenwick Island Police Department encouraged the law-enforcement community to provide extra support for the family.

On Jan. 18, the Lowe family received a $500 donation from Fraternal Order of Police Lodge 16, which covers Bethany Beach and Ocean View. The funding came from their November fundraiser at the Cottage Café in Bethany.

In Lodge 16, more than 70 active and retired law-enforcement members fundraise every year for local, regional and national organizations.

The assistance lets the Lowes focus on family, instead of the bills for gasoline, food, lodging and medical needs.

“It’s a blessing, it really is,” Amanda Lowe said, adding that she’s happy to be reducing their regular trips to the Philadelphia hospital to just once a week.

She smiled down at her baby, who slept peacefully, despite the roomful of chatter before the check presentation. Overall, he’s recovering well, she said.

“He’s awesome. He’s so good, [especially] for everything he’s been through,” she said.

“We’re blessed to have such a good community. There’s not many places that would step up [like this],” Stephen Lowe said. “It’s good to say that we’re from here. I am, anyway!”

Donations have come in amounts and kinds that vary widely, from the South Bethany Women’s Club’s $1,420 and a matching donation personally from the mayor, to a child hand-delivering $5 in quarters.

“We really appreciate it, and he really appreciates it,” Stephen Lowe said as Coleton grinned from his baby carrier.

Donations can be delivered or mailed to PNC Bank; 31231 Americana Parkway; Selbyville, DE 19975 in the name of “Baby Lowe Account,” or to any local PNC branch. Donations can also be made online at www.gofundme.com/babylowe.

Coastal Point • Maria Counts: Greg Welch was sworn in to the Frankford Town Council by Mayor Joanne Bacon last week.Frankford resident Greg Welch was appointed to the Frankford Town Council at a special meeting held last week.

Welch and fellow resident Dora Bell-Isler both voiced interest in the vacant seat left by Elizabeth Carpenter when she resigned from the council in December. Welch was appointed by a 3-0 vote of the council. He will complete Carpenter’s term, which is set to expire in 2017.

Following the unanimous vote, Welch was sworn in by Mayor Joanne Bacon and joined the council for the rest of the special meeting.

The Town’s annual council election is scheduled for Saturday, Feb. 6, for the seats currently filled by Charles Shelton, Pam Davis and Marty Presley. At the Jan. 24 special meeting, it was announced that four candidates — Davis, Presley, Skip Ash and Dawn Beck — had all filed to run in the election. Shelton, who had not attended a council meeting since Presley’s and Carpenter’s appointments by two of the then three remaining council members, did not file to run for his seat.

Council approves feasibility
study for Delaware Avenue water project

Also during the special meeting, the council voted 4-0 to move forward on a feasibility study so the Town can receive federal and state funding for water projects to include Delaware Avenue, an area of unincorporated Sussex County that abuts the town and whose residents have been working to get central water to their properties since the 1990s.

“The Town has been working with USDA [U.S. Department of Agriculture] and the state to get some funding to do various water projects in town, Delaware Avenue being one of them,” explained Town Engineer Kyle Gulbronson of AECOM. “To be eligible for the USDA funding, you have to do a feasibility study/preliminary engineering report.”

Gulbronson said the study would cost an estimated $30,000, which would be covered by a grant from the USDA. He said AECOM could begin work on the draft immediately, with hopes of completing it within three to four months.

“Then we can apply to the USDA for the funding and get the funding. So, later this summer, we should be able to some commitment from the USDA that the funds are available to do the projects,” he explained, noting that, once funding is available, the Town would be able to bid out the project.

The feasibility study will look at multiple projects throughout the town, and identify and prioritize them, as well as give an estimated cost of the work.

“There are checkbooks out there willing to write the Town a check, but we don’t know how much yet, so we have to prioritize and find out how much it’s all going to cost,” said Gulbronson.

“I think this is really good. I think it is a step forward, given the history behind all of this,” said resident Jerry Smith. “I think the council is under the right footing here.”

“I think it’s win-win,” said Bacon.

The council also heard a presentation from Steven Lewandowski of CABE Associates, regarding approval of a grant application for an asset management plan for the Town’s water system.

“An asset management plan is an evaluation of your system — your water system, in this case. It evaluates the system, inventories all the assets in the system,” Lewandowski explained. “There are four components to a water system: Reduction, which are your wells that draw the water out of the ground. There’s the treatment, which is your treatment plant. Then there’s storage, which is the elevated storage tank, and then there’s the distribution mains.”

Lewandowski said the plan would help the Town be more “predictive and proactive” in making repairs and maintaining the system.

“This program is being offered as grant funding through the Office of Drinking Water and, frankly, it’s a rare opportunity,” he said. “It’s 100 percent grant funding, that is being offered by the Office of Drinking Water for municipalities in the state to develop an asset management plan.

“What they’re doing is incentivizing municipalities in the state to take this proactive and predictive approach to maintenance of their assets in the town… and incentivizing one by offering grant funding and also offering a rebate of half the interest rate.”

In the future, he explained, if the Town were to apply for funding from the State Revolving Fund, it will be eligible for a reduction of half the interest rate. If the interest is 4 percent, the Town could receive a deduction of 2 percent.

Lewandowski said the plan would compile any maps and review records the Town has related to water plant and create a GIS map, that would lay out all the pipes in the town and their sizes and create a database that is tied to the map.

“So the Town can click on any pipe in town, and a database will come up that will have the attributes of that pipe,” he explained.

Lewandowski said the five-year program would provide the Town with mapping and software.

The council voted 4-0 to approve the resolution.

The Millville Volunteer Fire Company (MVFC) still has details to hash out, but the Town of Millville appears quite receptive to a community-wide discount ambulance service.

At the Jan. 26 town council workshop, MVFC EMS Chief John Watson explained that the leap in population warrants more ambulance coverage. From 2012 to 2015, EMS calls have leapfrogged by about 200 calls each year (from 1,596 calls to 2,105 calls).

“We expect that that’s going to keep increasing,” Watson said.

There is always a career ambulance crew in Millville, ready to respond 24/7. A second EMT crew is ready at the Clarksville station from 7 a.m. to 7 p.m.

But at night, and during “third emergencies,” the MVFC must wait for volunteers to respond from home, and every minute counts with the area’s high number of heart and respiratory emergencies.

“Any second emergences that we would currently get … that person would have to wait for a crew to come from home, which would delay response time for that person who is sick or injured,” Watson said.

Millville only has three ambulances, so during “fourth emergencies,” a neighboring fire company must respond.

In 2015, there were 480 second emergencies, 50 third emergencies and 11 fourth emergencies.

Ambulance subscriptions are offered to all households in the fire district, which includes Millville, Ocean View, Clarksville and other unincorporated areas. If anyone in the immediate family is transported by ambulance, their insurance is billed for the cost, which is often around $850. After that, if they have an ambulance subscription, the individual doesn’t have to pay the difference to MVFC. Anyone without the subscription would have to pay whatever their insurance does not.

But if the towns of Millville and Ocean View or homeowner associations joined the new ambulance subscription as a group, every household would be mandated to pay $35, and all household visitors and renters would also be covered for discounted ambulance service.

That is only for improved lots with buildings.

• Legitimate houseguests swimming at the community pool would be covered. Kids who jumped the fence would not.

• Employees of Millville stores would be covered. Shoppers would not.

• Employees at Beebe Walk-In Care would be covered. Patients would not, unless they were already Millville residents or guests.

• If a neighboring fire company responds, MVFC will work with them to accept the ambulance subscription cost.

Better serving the community

This spring, the MVFC is already planning to expand 24-hour coverage with two career crews.

“We do have enough [dedicated employees] to start it in spring,” Watson said. “That gives us a timely response and helps reduce the delay of getting to residents.”

“I think we’re responsible, as fire department officials, to come to the Town and say we have a problem,” Watson said. “We need everybody’s help somehow to provide for you efficient service.”

The MVFC has already cut other important costs this year in order to fund 24-hour coverage, which could begin in February. They admitted to putting “the cart before the horse” because they believed it was the right thing to do.

“We’re guaranteeing that we’re going to cover the first two” emergencies quickly, Watson said.

In Millville, the community-wide discount subscription would begin with the May 2017 tax bill.

“We’re growing in leaps and bounds,” said Town Manager Debbie Botchie. “We have a development that hasn’t even started, for 500 homes. Millville By the Sea is an 18-year buildout. We still can annex [land in the] south, west and north.”

Botchie, who said she supports the idea “100 percent,” described the Bethany Beach Volunteer Fire Company’s similar arrangement with Bethany Beach, South Bethany, Fenwick Island and the Sea Colony HOA.

“We do not call this a tax. This is a fee. It would be on your tax bill,” Botchie said. “What they do at the ‘Big Four’ is each town is responsible for collecting that $35. … It’s true, we can put a lien against your home,” but one phone call usually resolves delinquent fees, she noted.

“They have been doing this program for several years, and it works,” Botchie said. “They have had several increases over the year.” The four entities send representatives to an oversight board that approves the annual fee.

But MVFC doesn’t envision such a complex “Big Two” system, said MVFC President Doug Scott, preferring individual agreements with each town or HOA.

Ironing out the details

When asked about the Ocean View Town Council’s reaction, Scott said, “I thought it was positive on their part, though I think there was enough comments from the audience that they really wanted to take time and think it through before they made a decision.”

After approaching the Towns of Millville and Ocean View, the MVFC will begin approaching individual housing developments in their district that are in unincorporated Sussex County.

Otherwise, any household in the fire district can always join with the existing $50 subscription.

Scott said he doesn’t know yet how many properties would be affected. (Millville currently taxes 1,356 properties, Botchie told the Coastal Point in December.)

But collecting $35 from 100 percent of residents will be a significant improvement over approximately 40 percent participation in the $50 subscription service. It would also save the MVFC money on the subscription mailing costs.

Is it fair for businesses to pay the same amount as households? What about charging more for large businesses or for vacation rental houses? Would people be more likely to call an ambulance now because it’s already been paid? Watson couldn’t say.

Nothing is in writing, so the MVFC has time to improve the proposal.

“I guess what it really comes down to is we’ve never had a program like this before. We’ve got to come up with new ways to fund the two crews [we want],” Watson said.

Millville’s three-year contract would also be renegotiated after Year 1, to stabilize finances.

When asked if they’re open to MVFC’s proposal, most, if not all, of the 12 residents in the audience at the meeting raised their hands in support. Some residents had questions, while others said they whole-heartedly approved the life-saving service.

When asked if the MVFC wants the town council to fast-track the discussions and vote for a 2016 implementation, Watson and Scott said they didn’t want to rush things.

Instead, they’ll return for a Feb. 9 public hearing in Millville to discuss the details again.

While many were tucked in their homes waiting for winter storm Jonas to pass last weekend, law-enforcement officials were out ensuring the safety of area residents and visitors.

Coastal Point • Submitted: The South Bethany Humvee rescue unit came in very handy last weekend.On Saturday, Jan. 23, the Delaware State Police, and Ocean View and South Bethany police departments worked together to help rescue a resident who was trapped in their car due to flooding.

According to OVPD Cpl. Rhys Bradshaw, the Delaware State Police were dispatched to Island Drive in the Cedar Landing development off of Cedar Neck Road in an unincorporated area near Ocean View that morning to aid a man who could not get to his home from his car.

“Troop 4 unit got there, and the water was really deep. The tow truck couldn’t get to it. The trooper couldn’t get to it on foot,” explained Bradshaw. “They called the South Bethany Humvee down there, and we were called out because we have our cold-weather rescue suits — you know, the suits that the fishermen wear in the Bering Sea for crab fishing? We have two of the suits here at the station.”

Bradshaw said he suited up and was transported to the vehicle to aid the stuck resident.

“I put the suit on, and they drove me down in the deep water, as far as we can go. Then I jumped out, helped the gentleman out of his car and up to his house,” he said. “I guess he just misjudged how deep the water actually was and got himself a little stuck.”

Bradshaw praised the South Bethany Police Department for having the forethought to invest in a Humvee last fall for such situations.

“If it wasn’t for that Humvee, we never would’ve been able to reach that gentleman,” said Bradshaw. “We’re very happy we had that piece of equipment available to utilize for this type of rescue. It has its purpose, and we were able to rescue that man out of his vehicle.”

Working together is key law enforcement, said Bradshaw, stating that Saturday’s rescue is a perfect example of how departments come together to help the public.

“We’re smaller departments down here. We might have some equipment that some other agencies don’t have, and other agencies might have some equipment we don’t have. This water rescue is a perfect example. We don’t have a Humvee, so if it wasn’t for South Bethany and their Humvee, we would not have been able to go rescue that resident.

“It’s always important for us to work together to get the job done and to utilize whatever equipment necessary to help the public. That’s what we’re here for.”

Fenwick Island is the latest town to join a long list of municipalities opposing seismic testing off the Atlantic coast. Besides the potential harm to hundreds of thousands of animals, the town should not have to face the threat of a possible future oil spill, the town council decided on Jan. 22.

The town council voted unanimously (with council members Gardner Bunting and Julie Lee absent) to approve a resolution opposing “the proposed oil and gas exploration and development activities, including but not limited to seismic testing, off of the coast of Delaware and other coastal areas of the Mid-Atlantic region.”

There is currently a federal proposal to allow offshore drilling in the Atlantic Ocean, explained Matt Heim of Assateague Coastal Trust (ACT).

“Every five years, the federal government puts together a plan of how to manage resources,” he explained.

The 2017-2022 plan could include seismic testing offshore from Delaware to Florida. Seismic testing would be used to find potential reserves of oil and natural gas.

No lease sales for oil or gas drilling have been approved by the federal Bureau of Ocean Energy Management (BOEM). That would only come if potential oil reserves are found, and if gas companies are approved for a lease site.

As part of the U.S. Department of the Interior, BOEM received applications from eight companies to survey the underwater terrain of the mid- and south-Atlantic.

At first glance, a potential oil spill could wreck the local tourism economy, one of Delaware’s biggest sources of income.

But just locating the oil is a big deal. Seismic surveys use deep-penetration technology to study where fossil fuels might be located. With seismic air guns, companies shoot sound waves into the ocean, sometimes penetrating miles into the ocean floor.

At 250 decibels, it is one of the loudest manmade sounds on earth — far above a jet engine at takeoff. Each ship could carry up to 40 air guns, shooting every 10 seconds, 24 hours a day, usually for weeks or months at a time.

Heim described mass whale die-offs and commercial fishery slumps that he said have correlated with seismic testing.

With Florida as a nesting ground for fish and other species and the Gulf Stream as a major migratory route, seismic testing could disrupt fish that have evolved over thousands of years to make these journeys, Heim said.

To reduce wildlife harm, ships turn the air guns up to full power slowly, increasing sound intensity over a period of 20 minutes, to allow wildlife to vacate the area.

But what about animals that don’t move fast enough to escape a moving ship?

Horseshoe crabs are a good example, Heim said. They hang out on the continental shelf, then lay eggs in the Delmarva bays. Some birds — including the red knot, which is listed as “threatened” on the endangered species list — time their migrations from the Arctic to South America just to land during this prime feeding season, feasting on the horseshoe crabs’ eggs. But air guns could disrupt that ecosystem.

“The reproductive organs of female crabs are especially susceptible to damage from [seismic blasts],” Heim said. “This is a local issue that has potential to be very far-reaching.”

BOEM has stated that there is “no documented evidence on adverse effects on population sustainability,” which means seismic testing hasn’t been known to endanger an entire species. But that doesn’t help the thousands of bottlenose dolphins that could be injured or killed, Heim said.

Contractors are also hired to physically watch for nearby sea life and acoustically listen for whales — in what Heim said is a flawed system, when “these contractors are on the payroll of the companies [leading the survey]. There’s some question about how effective the contractors will be.”

Plus, he said, the environmental risk multiplies for every surveying company on the sea.

“The information collected by these surveys is propriety. That means it won’t be shared. … It’s sold to the highest bidder,” Heim said.

Seismic tests have been done for beach replenishment and offshore wind farms, but those were much less invasive, Heim said.

As for the fear of oil spills, there is no guarantee of safety. When most eyes were on the Gulf of Mexico from 2011 to 2013, there were still 15 losses of well control and 347 fires or explosions.

For ACT, that’s not worth the estimated 16 months worth of oil and 36 months of natural gas resources (at most) that the U.S. might find in the Atlantic.

“You’re putting a lot more at risk to put this one little drop in the bucket,” Heim said.

BOEM is expected to release a proposed program in February or March. Another public comment period will open then.

According to Mary Ellen Langan of the Fenwick Island Environmental Committee, Fenwick was the 101st town to adopt such a resolution, in a list that includes Lewes, Rehoboth Beach, Dewey Beach and Ocean City, Md.

In other Fenwick Island news:

• Due to weather, the public hearing and second reading for the hotels/motels moratorium were postponed until Feb. 26 at 3 p.m.

• Fenwick’s new website is coming. The town council approved the switch, joining the many small towns that already benefit from free websites created by Delaware’s Government Information Center (GIC). Fenwick’s current web service is contracted out at $2,500 annually, Burke said.

The built-in search engine will help people find public notices, meeting announcements, old minutes and more, officials said.

• Fenwick Island will be the subject of a student study. Graduate student Katy Maglio was approved to do a GIS study for a class project at Salisbury University.

Geographic information system (GIS) is a system for storing and manipulating geographical information on computer.

“This is a great idea. This is a free proposal. This is going to be done by a student,” Town Manager Merritt Burke said.

She’ll assess Fenwick’s current situation, including how the Town could efficiently utilize GIS in their current system, plus routes for implementation. For instance, Fenwick could someday map a pine beetle infestation, beach access points, non/smoking areas and more.

The only cost is the town officials’ time in meeting with her.

• Several employees received recognition for service to the Town: Cpl. Jennifer Kerin (four-year employee) was noted as having been very productive on highway patrols with DUI and drug arrests; Vaughn McCabe (four years) was lauded as a jack-of-all-trades in Public Works; Tim Ferry (11 years) was described as a noted leader of the beach patrol; and Pat Schuchman (19 years) was deemed reliable and knowledgeable in every facet of the Town Code.

• Holiday-style lights will now hang in the town year-round, in a move that town officials hope will give Fenwick Island visitors a better sense of place. The council approved spending approximately $1,500, which Burke said is available in the budget, to change the old holiday bulbs to white LED bulbs. That is one step in creating a Main Street-style brand for the town.

“We don’t have a Main Street, we have a national highway,” argued resident Lynn Andrews.

Burke said the idea of Main Street will “flush out” as time progresses.

• Fences were the subject of an approved first reading for a proposed change to Fenwick town code Chapter 160-8A(9). It is a housekeeping item regarding spacing that was approved years ago by the Charter & Code Committee and enforced by the Town but was mistakenly left absent from the Town Code.

The public hearing and final vote are scheduled for Feb. 26 at 3 p.m.

• Earth Day will be recognized with town cleanup on Friday, April 22, from 9:30 to 11:30 a.m. The cleanup includes breakfast refreshments and a drawing for prizes and goodies.

The next regular Fenwick Island Town Council meeting is set for Feb. 26 at 3:30 p.m., starting with the public hearings at 3 p.m.

On Thursday, Feb. 18, the Bethany Beach Cultural & Historical Affairs Committee will host a special presentation by Dr. Gary Wray, “Fort Miles: Past, Present, Future.” The event will take place at Bethany Beach Town Hall, 214 Garfield Parkway, at 7 p.m. Light refreshments will be served.

The discussion will explore the history of the site, how it has changed in the 73 years since it was constructed at the mouth of the Delaware Bay and how it is being preserved through the Fort Miles Museum Complex.

Wray has been president of FMHA since it began in 2003, responsible for leading the organization in its goal of preserving, protecting and defending all aspects of Fort Miles. He is co-author (with Lee Jennings, State Parks historian) of the book on Fort Miles published by Arcadia Press in 2005.

Wray also serves on the Cape Henlopen School District School Board, where he has been both vice president and president for almost two years, and is an elected trustee of the Delaware Historical Society, the oldest historical society in the state.

Wray, representing FMHA, was also chosen by the state of Delaware as the State Volunteer of the Year in 2008. He is currently a professor at Wilmington University, the University of Maryland and Delaware Technical and Community College.

Since 2005, the Bethany Beach Cultural & Historical Affairs Committee has been sponsoring cultural events during the off-season. Topics of interest run the gamut from shipwrecks and treasures to music and historic tales. All programs are free and open to the public.

The Bethany-Fenwick Area Chamber of Commerce this week announced NV Homes/Ryan Homes as the presenting sponsor for the 27th Annual Ocean to Bay Bike Tour. To be held on Saturday, April 16, in downtown Bethany Beach, cyclists have the choice of a 30-, 50-, or 62.5-mile ride. A 100-mile century ride is new to the race this year, for the serious cyclist.

Traveling throughout Southern Delaware’s scenic beaches and bays, registrants will receive access to exclusive gifts and amenities, including a long-sleeve tech T-shirt, swag bag and fully-equipped rest stops.

Bethany Beach Ocean Suites has also signed on to host the Ocean to Bay Bike Tour Expo on Friday, April 15, where participants can pick up their gifts and enjoy the ocean views.

“NV Homes/Ryan Homes are pillars in the Quiet Resorts community,” said Kristie Maravalli, executive director, “their partnership with the Ocean to Bay Bike Tour will undoubtedly enhance the growth and success of our biggest event of the year.”

Registration opens on Monday, Nov. 30, with a three-day special rate. During the opening promotion, individuals can sign up for $40, and teams of six or more can sign up for $35 per person. For complete details and to register for the event, visit www.oceantobaybiketour.com.

Coastal Point • R. Chris Clark: Director Oksana Farber and the cast of BART’s ‘A Tiny Little Secret’ gather during rehearsal on Tuesday, Feb. 2.Whether they’re Democrats, Republicans or really more of a Nader guy, audience members will still be able to laugh at “A Tiny Little Secret” when it debuts at Dickens Parlour Theatre on Thursday, Feb. 18.

The latest play from local playwright Bob Davis and the Bethany Area Repertory Theatre (BART), the story may center around the election process, but takes no discernible political stance. In fact, according to director Oksana Farber, the play is meant to serve more as comedic relief from the whole ordeal than anything else.

“This is pure fun,” Farber said. “It mimics, of course, the entire political and election process, but it is done in a tremendously funny way. It won’t cast a shadow at all on what is going on right now.”

As the title suggests, in the play everyone seems to have a “tiny little secret” after the death of Howie Newton’s grandfather, who along with his wife, Maggie, and an aspiring-CPA devises a plan to save on inheritance tax — which not only includes maintaining that his late grandfather is still alive, but also running for a council seat, and all the campaign characters hiding secrets of their own along the way.

To demonstrate the play’s good-natured humor, Farber highlighted some of the subjects of interest without giving away the plot: “I’ll just throw a couple of words at you,” she said with a smirk, “…political campaign, Viagra, infidelity, IRS.”

Farber will be making her directorial debut with the production, but the retired corporate exec is no stranger to the arts or even to the stage. Hailing from New York before she retired to the area around two years ago, she got her start as a child actor at a theater on the Lower East Side of Manhattan, with a Ukrainian community theater. But despite her natural talents, she ended up following the advice of her father.

“I remember the director telling my father I ought to pursue [acting], and my father said: ‘She’s becoming a math major!’ and that’s what happened,” Farber said with a laugh. “I used to play boy’s parts, because we could never get boys. I did quite a bit of singing, but outside of that, just started living my life.”

While she ended up finding a great deal of success in the corporate world, serving as both chief securities officer and vice-president of human resources, Farber would eventually return to acting, landing a role in Davis’ “Good King Succotash” last year at the advice of her husband — who, somewhat ironically, isn’t much of a theater fan.

“I happened to be walking by the Dickens Theatre last year. My husband was not feeling well. He finally said to me, ‘Get out of the house. Do something for yourself,’” Farber recalled. “He’s tremendously supportive of anything I’ve ever done. You know how they say opposites attract? Well, they do, baby! We’ve been married 46 years. It works for us.”

Farber walked into auditions that day and came out with a role, getting to know BART and Dickens well along the way. Eventually, she’d join the BART Board of Directors as the treasurer and contribute to the organization’s plan to establish a scholarship fund for local students looking to pursue the arts. This past summer, however, Farber looked to take on her newest venture, when Davis approached her with the script for “ATLS.”

“Oksana came to us last year as an actress and has since served on the Board of Directors, and now takes the difficult task of being a show director,” Davis explained. “I could not be more pleased to have her direct what is one of my favorite plays as her debut. No one is more dedicated to BART than Oksana.”

“When he asked me to read the script, I was enthralled,” she said. “Bob’s talent is collectively putting together all of these characters together to tell a good story — it’s very humorous, very very clever and very up-to-date.”

Despite the excitement, however, Farber would eventually have to make the difficult decision to postpone the production, when she came to the realization that she didn’t have the right cast for a few roles that required younger actors.

“There’s only so much that makeup can do,” she joked. “It was very difficult for me to say ‘We’re not quitting. We’re not canceling. But it’s imperative we have to postpone.’ And we did. It was a little disappointing, but I’m very glad that we waited, because now it’s a stellar group of really dedicated, skilled people.”

As stated, the delay turned out to have worked out for the best when “ATLS” was resurrected last month. After finding the right actors for the job, for which Farber said her previous HR experience came in very handy, “ATLS” finally began rehearsals last month, with the cast including both a few of the usual suspects, as well as some newcomers turning out to make for an undeniable chemistry.

“The rehearsals are going very well. We crack up every time we get together. It’s a wonderful team,” said Farber. “When I sat down and I read ‘ATLS’ for the first time, I had the luxury of time, to sit back and immerse myself into each individual character and ascertain just exactly what it was that I was hoping to get out of someone else playing in that role.”

In addition to her HR experience and talented cast, Farber said that she’s been tapping into her own experiences as actor to get the job done, but also noted that “ATLS” assistant director and BART veteran Rusty Hesse has been instrumental during the transition.

“I really appreciate his help. It’s wonderful,” she said. “He’s able to fill in all the things that I’m thinking but I don’t have an opportunity yet to do or say.”

The real test, of course, will be Thursday, Feb. 18, when the play and Farber both make their debuts. But first-time director or not, Farber is confident that, along with the dynamic cast, her past experiences will guide her through her newfound calling.

“I’m serious about what I do,” she said. “I believe it’s the director’s job to make sure that everyone tells their own story within that play to the best of their ability.

“I get a great deal of satisfaction watching people do things and perhaps be able to finish them or succeed in them because maybe I played a tiny little role in helping them achieve that goal. I do understand how this type of performance and this type of theater brings a lot of culture and a lot of fun and a lot of entertainment to an already wonderful community.”

“A Tiny Little Secret” will have six shows at the Dickens Parlour Theatre in Millville, spanning from Thursday,
Feb. 18, to Saturday, Feb. 27. For more on Dickens or for tickets, visit
www.dptmagic.com. For more on BART, check out their Facebook page at
www.facebook.com/BARTinBethany/.

The Friends of the South Coastal Library (FOSCL) are preparing for their semiannual book sale. The sale benefits the South Coastal Library’s library programming and other expenses that would otherwise not be funded through Sussex County. The sale will be held Friday, Feb. 12, from 1 to 5 p.m. and Saturday, Feb. 13, from 9 a.m. to 3 p.m., at the library.

“The room is totally full [of books], except for pathways. There are boxes on every table and under every table,” said Lora Caputo, who co-chairs the sales.

Donated books may be taken to the library and are accepted year-round. The sale offers gently used books, no older than 10 years. Reference books are not accepted as donations.

“The community is very good about donating,” said Caputo. “We haven’t had to do any special drives lately because we have so many people dropping off books.”

Caputo said the library stores the donated books until the sale is held. Then volunteers help move the books inside and set up.

“We have a group of six men that unload them, and then we have a group of women who have been doing this for years that will sort them. They know what they’re doing — just stay out of their way, and they’ll be done in a couple hours.”

Community members may shop from a large selection of used books, including fiction, nonfiction, cookbooks and children’s books, as well as videos and books on tape. All items range in price from $1 to $2.

“If you rent your home, you may want to have a little library. Our prices are so low, some people might want to get a few extra for their rentals, and if the guests take them, there’s no loss. It’s kind of a fun thing, finding all those beach reads.”

The book sales are only one piece of the FOSCL fundraising efforts. Every summer, the Friends host the Beach & Bay Cottage Tour, which allows a peek into some of the area’s most beautiful homes. This year marks the 25th anniversary of the tour, which will be held of July 27 and 28. Tickets cost $30 each and are on sale now.

Caputo said the community has been wonderful in its support of the library over the years, and she hopes it will continue.

“It’s been excellent. Excellent support,” she said. “It’s been amazing.”

The South Coastal Library is located at 43 Kent Avenue in Bethany Beach. For more information about FOSCL, visit www.foscl.com. To become a volunteer, contact Fran Markowski at frand412@gmail.com.

Last summer, we took a look at the increasing problem of falls. You may remember that I told you that falls have become a national health priority because of the risk of serious injury and death, and the dramatic impact on quality of life.

Being robbed of your health and independence is always a vital concern. I treat so many people who have serious problems because they have fallen, and far too many of them never recognized the warning signs.

It’s important that you understand that the risk of falling is not confined to older people. Medical conditions, the side effects of medication and unsafe environments are among the causes of falls for younger people, too. However, there’s no question that older people are at greater risk, and the statistics bear that out.

Researchers report that nearly a third of people who are 65 or older fall every year. As people age, the risk of falls increases.

What’s really concerning is that researchers say the statistics don’t tell the real story, because so many falls aren’t reported by those providing care. It’s very worrisome when you realize that, for older people, falls are the leading cause of death resulting from injury.

In fact, 87 percent of older people who suffer a fracture have fallen. It’s a sobering reality that 40 percent of all nursing home admissions result from a fall and, of that group, 40 percent never are able to live independently again. Sadly, 25 percent die within a year.

The obvious takeaway here is that you need to be aware of what to look for, because it could save you, a loved one or a friend from serious outcomes. That’s why I want you to take a hard look with me at some of the most common signs of fall risk.

• When you have been lying down or sitting and you try to stand up, do you get dizzy?

It happens to many people, but it can be a sign that you are dehydrated or it could be a sign of poor nutrition, which can leave you weak and unsteady. It can also be the result of a number of medical conditions or a side effect from medications you are taking. It puts you at risk of falling, and so you need to find out why it’s happening to avoid a serious injury.

• Do you have trouble putting on pants or a skirt when you are standing up?

This could be a sign that you have a problem with proper balance. Balance issues can result from a number of different problems, including a variety of medical conditions, inactivity leading to weaknesses and even problems with medications. You need to understand what is causing the problem, because this is a clear sign that you are risking a fall.

• Do you have a problem with foot pain?

You need to find out why you’re experiencing the pain. If you have been diagnosed with diabetes, it could be related, but like so many signs we are reviewing, there can be many causes, including arthritis, bone spurs, gout or even an ingrown toenail. It could also be the result of improperly fitting shoes. If you find yourself shuffling your feet or you notice your gait has changed, these are warning signs of a problem. Determining the cause is critically important in preventing a fall.

• Do you notice you don’t feel quite right after taking your medications? Do you feel dizzy or woozy?

If you take a lot of prescription medications, you risk taking a nasty fall. A number of these medications can cause you to be unsteady on your feet or experience light-headedness or dizziness. Sometimes, people forget to tell doctors about other medications they are taking and, when you see more than one doctor, it can be a significant problem. Another issue is that some people don’t tell their doctors when they are having side effects from medications. It’s important to tell your doctor or doctors what’s going on and what you are experiencing. Don’t wait for a fall to make them aware of what you are experiencing and let them explore alternatives with you.

• Has your eyesight been bothering you?

If you’re experiencing problems with your vision, you need to know why. It can be a sign of cataracts or glaucoma or other issues that require a doctor’s care. When your eyes don’t adjust properly to lightness and darkness or you have a problem with depth perception, you can misstep and fall. If you wear glasses and are experiencing problems, it could be a sign that you need an adjustment. See an eye doctor and describe your symptoms. It could be an easy fix that prevents a damaging fall.

• Have you been diagnosed with a neurological condition, such as Alzheimer’s or dementia?

Even mild dementia can leave you a bit unsettled or confused. Despite being in the comfort of your own home, you can find yourself disoriented, and that can lead to a fall. Don’t keep it a secret. Talk to your doctor, as well as your spouse, your companion or your caregiver about the problem. You can also consult with your Area Agency on Aging or similar program providers to find solutions that can prevent accidental falls.

• Do you spend most of your day sitting?

People who aren’t active are at far greater risk of a fall. Sitting for long periods of time leaves your leg muscles weak. It also has a negative impact on your reflexes. You don’t have to be a jogger to get into better shape. There are so many options for strengthening your muscles and improving your overall fitness. Talk to your doctor. You may very well be referred to a physical therapist who can offer you the experience and supervised programs that will help you build strength in a safe manner.

What I can’t emphasize enough is that if you have been experiencing any of the signs we have been reviewing, you need to make an appointment to see your doctor right away.

As always, I want you to be sure you write down all the information you can, because it can make an important difference in helping your medical professional to diagnose your problem. Write down the specifics of what is happening, how often it happens, what it feels like and any other details you can remember. Did you fall as a result? Even if you see it as a minor fall or just a sense of being off-balance, it is very important that you tell your doctor about it; that is a key detail.

You know that you also need to bring a list of medications and supplements, including vitamins and any herbal over-the-counter products you take, and include the frequency and how much you take.

Has your prescription medication changed? Has there been a change in dosage? All of this information can offer major insights for your medical professional.

With your information in hand, your doctor will very likely ask a number of questions and perform a thorough examination to get to the bottom of what is causing your problem.

To address some causes of a fall, prevention can often include physical therapy. If that’s the case, your doctor will consult with a physical therapist who will design a program to address your specific problems with an eye toward fall prevention.

Fear of falling keeps many people from living their lives to the fullest. It doesn’t have to be that way. I also find it disturbing to hear stories about people being afraid to tell loved ones about their problems for fear of losing their independence. Don’t let fear drive you.

Remember the old saying about prevention being worth a pound of cure? So many of these issues can be addressed when you seek professional help. Get yourself on track and live your life to the fullest.

Bob Cairo is a licensed physical therapist at Tidewater Physical Therapy. He can be reached by calling (302) 537-7260.

Candidates may now file to run in the 2016 school board elections. The Indian River School District has two positions up for election on Tuesday, May 10.

There is a four-year term in District 2 (north Millsboro and southern Georgetown).

There is a two-year term in District 3 (south Millsboro and northern Dagsboro). Terms begin on July 1.

The seats are currently held by Gerald “Jerry” Peden (District 2) and Heather Statler (District 3), respectively. Both were appointed to fill vacancies in 2015.

Any candidate must be a qualified voter in the school district, which means he or she must be 18 or older and a resident of both the state of Delaware and the school district. Voters need not be registered to vote in statewide elections to vote in school district elections.

By state law, district employees are prohibited from serving on the Board of Education.

Students are not prohibited from serving on the board, apart from the age requirement.

Anyone seeking to run must submit the paperwork to Sussex County Department of Elections in person, by mail or by fax by Friday, March 4, at 4:30 p.m.

For more information, contact Department of Elections for Sussex County; 119 N. Race St.; Georgetown, DE 19947, or call (302) 856-5367 or fax (302) 856-5082.

More details can be found online at http://electionssc.delaware.gov/index.shtml. Select “2016 School Board Member Filings” for a current list of registered candidates, “School Elections” for general information, or “Candidates” for filing information.

District voting maps can be found at http://elections.delaware.gov/maps/school/2012/sussex/INDIANRIVER.pdf.

A public hearing regarding the Community Development Block Grant (CDBG) program was held Tuesday before the Sussex County Council. CDBG provides funding for a variety of activities, such as rehabilitation, demolition and housing code enforcement, “to maintain or improve existing housing, and for the provision of infrastructure in support of housing development for low- and moderate-income persons.”

Brad Whaley, community development and housing director for Sussex County, explained that Kent and Sussex counties are not big enough to request funding directly from the Department of Housing & Urban Development.

“In our case, the Housing Authority applies for the funding, and then Kent and Sussex counties apply for that funding on a competitive basis,” he explained. “The main purpose of this funding is housing-related issues.”

Whaley said the County CDBG program is in the process of putting together its funding application, and the public hearing is an opportunity for the public to speak on that application.

Sussex’s CDBG has received $6.8 million over the last five years, which has helped assist 828 households and 1,307 residents, including work involving demolition, infrastructure projects, and sewer and water hookups.

Whaley said the CDBG has worked with an advisory council made up of community leaders throughout the county, as well as the Sussex Housing Group. He also thanked the council for their ongoing financial support.

“We’ve met with a lot of mayors and town councils over the years, and they really appreciate this funding, and they understand what a valuable source it is. They always ask me to thank council for their efforts and the support they’ve given us over the years.”

Councilman George Cole said the County’s contribution to CDBG has varied over the years, and he asked County Administrator Todd Lawson if there would be anything in the upcoming budget that would provide additional funding, “because it’s a major, major problem.”

“We would certainly look from the council’s perspective and see what your direction would be,” said Lawson. “If we want additional funding from the council, we would budget that. It certainly does ebb and flow based on budget constraints. If this is a priority the council chooses to take on this year, then we can allocate more money.

“There’s also a threshold of putting more money in the budget and also how much Brad’s office can actually accomplish. In other words, to exaggerate the point, we couldn’t give a million dollars with the staffing level that he has now, because he couldn’t get to all the work that is out there with that staffing level. We’ll certainly look into it.”

Cole requested the council receive a recommendation from staff as to what would be an appropriate amount to provide CDBG in the upcoming budget.

The council unanimously approved a resolution to apply for community development funds from the Delaware State Housing Authority for the State of Delaware Community Development Block Grant Program, authorizing Lawson to “certify that matching funds in excess of $164,000 will be made available upon the approval by the Delaware State Housing Authority.”

Having exceeded a certain number of students enrolled, the Indian River School District is eligible for State funding to hire additional staff, but district officials have instead chosen to use the money for other expenses.

Choosing not to fill two administrative positions, the IRSD school board will instead request $121,578 from the State. That can pay for any other expense, such as textbooks, gym supplies or sewer bills, but not salaries.

The empty positions are a second assistant superintendent ($67,499) and a fifth supervisor position ($54,079).

The district is halfway through the school year, so they definitely won’t try to fill those positions before the next fiscal year, Superintendent Susan Bunting said at the Feb. 1 IRSD board meeting. They might as well get the money for other needs, she said.

The move is nothing new.

“We’re allowed to cash units in for cash,” said Chief Financial Officer Patrick Miller.

In a 1996 referendum, the school board promised the public that it would not fill that first assistant superintendent spot and would use the money instead, Miller said. (Since then, an assistant position has been created.)

But in 2011-2012, the student unit count pushed over a certain number of enrolled students, making the IRSD eligible for two assistant superintendents and four supervisory positions. The district has grown by 227 students since then.

Schools receive state funding for staff positions based on the student unit count. That includes teachers, custodians, secretaries and administration.

This year, IRSD has 10,171 students, as of the September count. Board Members Rodney Layfield and W. Scott Collins were absent from the vote to send the request.

In other school board news:

• Several new policies were made official, including BDDH—Public Participation at Board Meetings. Now, all speakers will get three minutes during the public comments time. Previously, people representing a larger group could get five minutes, while individuals got three minutes. The change was made in an attempt to fit more speakers into the 30-minute timeframe. School board meetings rarely attract that much participation, unless a truly hot topic is up for debate.

Policy ECA—Security Camera System Policy had a few “housekeeping” changes in language and procedure. Notably, one line was removed when the Policy Committee realized that video cameras already collect sound, which has proven valuable in resolving conflicts. The policy had previously stated, “No sound is to be monitored or recorded in connection with the video surveillance system.”

• School was canceled for students on Tuesday, April 26, due to the presidential primary election that day. Teachers will have an in-service workday.

• District parent Chris White spoke in favor of installing Bermuda grass on the football/soccer/lacrosse fields at both high schools. Both fields are the last in the Henlopen Conference without turf or Bermuda grass, Rodney Layfield previously said, in his efforts to fund the project. Bermuda grass is a fast-growing playing surface that tolerates heat, insects and wear and tear. However, it will require expensive specialized mowing equipment and can aggressively takeover nearby flower gardens, although it’s surrounded by the running track.

White said he also sees this as a chance to unite the IR High School soccer and football teams back in one stadium, as soccer is currently played at the former IR stadium (which suffers dark spots on the field, as well as old concession and bathroom facilities).

• The IRSD Futures Committee meets on a weekly basis at 6 p.m., either at Georgetown Middle School (Feb. 16 and March 7) or IRSD Educational Complex (Feb. 8, Feb. 29 and March 14).

The next school board meeting will be Monday, Feb. 22, at 7 p.m. at Sussex Central High School.

When enjoying a night on the town, people see what’s playing before buying tickets to a show. But the Town of Millville’s sign regulations have complicated things, according to the owner of Dickens Parlour Theatre on Route 26.

“We are here to ask the council to amend the existing sign ordinance to provide for the ability of a theater in Millville to advertise what’s playing,” owner Richard Bloch told council members Jan. 12.

“The current sign ordinance, as interpreted by Millville, permits us to advise the public that we are Dickens Parlor Theatre, but prohibits the theater from advising anyone as to what is playing,” Bloch said.

The problem was discovered after Bloch installed an electronic sign in the autumn of 2015, to showcase performer names and performance dates.

While his application and appeal were primarily rejected because of Millville’s ban on electronic changeable signs, December’s Board of Adjustment hearing spotlighted the issue of advertising in the Town’s signage ordinance.

Businesses may post their name and their use (for example: “Dickens Parlour Theatre — performing arts center).

But, as a business, theaters are unique, Bloch said.

“We are the only enterprise that sells one product only, and that product changes on a weekly basis. … We are the only enterprise in town that must sell our product before the patron comes through the door. … People need to know what’s playing before they buy the tickets.”

Bloch had replaced his old sign with a two-part monument sign. The top part was permanently printed on a board, while the bottom (currently powered off) is electronic and has the capability to change electronically.

“The top says it’s Dickens Parlour Theatre. The bottom says what it’s being used for,” Bloch said in December. “When it’s used for magic, we put the name of the magician. When it’s used for charity, we put the name of the charity. Those are our intentions.”

The more than 1,200 shows held at the theater to date have expanded to include not just Bloch’s magic but other world-class professionals, lectures, dramatic readings and full theatrical presentations. Audiences should know what to expect each night, he said.

“We have several businesses that would love to have a sign like that. … I’m only going to advertise ‘this’ sale once a week,” Town Manager Debbie Botchie countered.

She said the issue could be passed to the Committee for Charter & Ordinance Review.

Flashing signs also prohibited

DPT didn’t apply for a signage permit before replacing the old stationary sign with this new version, noted Building Official Eric Evans. After Evans realized the sign was hung, Bloch submitted an application.

For the most part, Millville prohibits electronic changeable signs. Prohibited in DPT’s C1 commercial district are signs that “provide blinking, moving, animation, revolving, chaser lights or moving spotlights.”

The Board of Adjustment wasn’t moved by Bloch’s reasoning that the sign changes too infrequently to even be considered flashing. In January, the board upheld the building official’s rejection of the electronic sign. The sign would have changed with each new show, at most on a weekly basis, since shows usually last one to three weeks.

“There’s no animation, no motion on this sign whatsoever,” Bloch had said at the December appeal.

But the sign is capable of flashing electronically, the Town decided.

“If it flashes once — [even] if it’s once a week — it’s a flashing sign. That would be the Town’s position,” countered Town Solicitor Seth Thompson.

Millville Town Code only allows changeable signs for municipal buildings, police, fire and ambulance departments. Flashing signs are allowed for time and temperature, commonly found at banks.

Several other businesses were “grandfathered in” with electronic signs before Millville’s code prohibited them. Those preexisting nonconforming signs are allowed to remain.

Although DPT also has a backlit sign hanging on the building to advertise the shows, Bloch said it is “unsightly” and practically “useless.” Facing and parallel to the road, it’s only visible to drivers for a second.

And, because of its use in advertising shows, that sign might also be non-conforming.

Bloch asked the BOA in December if he is really not allowed to advertise name of a play in any way. But Thompson warned the board against getting into an advisory position when that wasn’t the appeal at hand. Instead, he advised Bloch to ask before hanging future signs.

A Frankford elementary school this week joined the long list of schools being harassed by bomb threats.

John M. Clayton Elementary School received two phone calls on Tuesday, Feb. 2, around 9:47 a.m. According to Delaware State Police, a male suspect stated that there was a bomb outside the school. The school went into low-level lockdown while the property was searched by school administrators, with DSP and K-9 units.

That bomb threat came about ten minutes after a similar call to Shields Elementary School in Lewes.

Nothing suspicious was found in either case.

In the past month, dozens of schools throughout the East Coast have received bomb threats. State and local law enforcement are working with the FBI to investigate the crimes and any possible connection. Some calls appeared to be “robo-calls,” using a computer-generated voice, while others involved a live caller.

In the last two weeks, the Indian River School District received four other terroristic threats, including three bomb threats at: Indian River High (Jan. 11), Millsboro Middle (Jan. 12) and East Millsboro Elementary (Jan. 20). Long Neck Elementary received an armed shooter threat on Jan. 19.

Nothing suspicious was located in any of the incidents, and the schools always resumed their regular activities within a few hours.

Each school has individual safety plans, Assistant Superintendent Mark Steele told the IRSD school board on Monday night, before the JMC call. Teachers and staff have a specific job in every kind of emergency, which has been “a very impressive thing to see,” Steele said. Even the police commented on how well everyone performed their roles in evacuation or investigation, Steele said.

If anyone has any information relating to any of the recent bomb threats, they are being asked to call DSP Troop 4 Youth Aid Division at (302) 856-5850. Information may also be sent by calling Delaware Crime Stoppers at 1-800-TIP-3333, online at www.delaware.crimestoppersweb.com or anonymously by texting 274637 (CRIMES) using the keyword “DSP.”

The Town of Frankford’s Charter Committee will meet next Tuesday to continue discussions on updating the Town’s charter.

Recently appointed Councilman Greg Welch said at the Feb. 1 council meeting that the committee met twice in January and is working on drafting a voter registration outline, as well as a provision that would allow for absentee voting.

“This election, there’s no voter registration cutoff in our charter like there was previously. There’s no candidacy cutoff, as there was in our charter previously,” said Welch. “There’s no Board of Elections outlined in our charter anymore. It doesn’t say how many members or what their terms are, and state law requires us to have that. So we’re not in compliance with state law right now with our Board of Elections.”

Welch said the committee is also discussing the possibility of allowing a non-resident property owner to serve on the council.

“We’ve got to vet that and see how it’s taken by the people. There’s not a lot of interest sitting up here. A lot of times, it’s hard to get somebody in here. There are people outside of town we’re willing to serve. We have to decide if that’s what’s good for the town or not,” he said.

“We talked about it, but it’s just been in the discussion stages,” added former councilman and current council candidate Skip Ash, who serves on the committee. “We haven’t made any move to do anything. We’re just now working on it. It will be brought to the public. If you don’t want it, it won’t happen. If you want it, we can make it happen.”

Resident Jerry Smith said the Town and its citizens need to have a “robust discussion” on the subject.

Welch said the committee is also looking to establish a procedure to remove non-attending council members. After looking at other charters, he said, he suggested three unexcused absences would be terms for getting rid of that non-attending member. Absences could be excused for legitimate reasons, by a vote of council.

He also said there needs to be a provision regarding the budget as well.

“We need to start talking about the budget a lot earlier than we have been. We don’t talk about it… and then we pass it when it’s not valid.”

Other areas of focus include the process of passing an ordinance and amending the charter itself.

“We need to set in the charter a process for passing ordinances and amending the charter. There’s no process for passing ordinances now. Right now, all we need to do is type it up, read it one time and vote on it, and it’s a rule… We need to make a provision in the charter how we can proceed in making the ordinances and maintaining the ordinances.”

Welch said the charter also needs to address what defines a quorum, after there were concerns that the council had not properly appointed two residents to vacant council seats last year.

“The way it’s written in there it could be interpreted in any which way, and it was,” he said.

He also noted that some changes can occur through ordinance, instead of altering the Town’s charter.

Council candidate Dawn Marvel-Beck asked if the committee would be distributing drafts of the changes to residents prior to voting, especially for those who do not have computers.

“If people are interested, they have to come up and request it,” said Welch.

Marvel-Beck suggested the council have drafts printed and sent out with the Town’s water bills. She emphasized that the committee and council need to take their time and do it right, rather than fast-tracking the process to get it to the state legislature by June.

Welch said all those interested in helping prepare the draft are welcome to attend the committee meetings. The next meeting is scheduled for Tuesday, Feb. 9, at 7 p.m. in town hall.

“We’d appreciate anybody,” he said. “I’m sure everybody can come up with other things that need to be set forth in the charter that aren’t.”

Election process questioned

Resident Elma Gray asked who was in charge of making sure the upcoming election goes properly, as during one election, the town’s election was off by one vote, she said.

“The voters and the machine should be equal. They should both meet.”

“Nobody has been signing in, has been the problem,” said Welch.

“We need to work on that, because somebody can come in and go right in the machine and go out, and the machine operator does not know,” said Gray.

The council voted 3 to 1 to appoint Pam Hoban, Peggy Schaffer and Dana Aliberti to the Town’s Board of Elections, with Welch opposed. Andrea Dismuke, Lois Mumford and Dora Bell Isler were unanimously appointed to serve as polling judges. Alternates Elma Gray and Edith Sample were unanimously appointed as well.

Gray, who served on the Town’s Board of Elections last year, said that last year’s Board of Elections hearing regarding a complaint filed by Welch was the first time the board had met.

“How did you get your training?” asked Councilman Marty Presley.

“We didn’t! Terry [Truitt, former town administrator] just told us what to do.”

According to the Delaware Department of Elections website, “Some training and forms to assist the Towns are to be provided by the State Election Offices.”

Frankford Police Chief Michael Warchol reported to the council that he had met with representatives from the Delaware State Police and Dagsboro Police Department to discuss the recent string of bomb threats made to area public schools. He said the three agencies are working together to aid the schools in whatever capacity is needed.

Warchol said he is continuing to make use of the Law Enforcement Support Office (LESO) to supply the Town with items it may need. He was able to procure a 2003 Ford F150 pickup truck with 51,000 miles for the public works department.

“Hopefully, that’ll last us a couple years for maintenance,” he said. “I’m still looking for lights for the park so we don’t have to rent them… I’m looking for anything that will benefit the town.”

Warchol said he looks on the site every week to see if he can find anything that would benefit the Town, as well as the fire company.

Car burglaries continue to plague the Town, although Warchol said he believes he knows the culprit and hopes to make an arrest soon.

“Lock your doors on your vehicles, on your houses,” he said. “If you don’t have to, don’t leave anything valuable in your vehicles.”

The department also assisted another agency in a sizable heroin seizure, in which approximately 1,000 bags were dropped in a swimming pool. Warchol said he believed charges would be forthcoming.

In other Town news:

• The Town’s annual council election will be held Saturday, Feb. 6, from 1 to 4 p.m. Voters must have already registered with the Town. State voter registration does not qualify people to vote in Town elections. Voters should bring proof of identity and address to the polls. The four candidates for three seats, each with two-year terms, are Presley, Ash, Marvel-Beck and incumbent Pam Davis.

• An Easter egg hunt will be held in the Frankford Town Park on March 26 from 1 to 4 p.m. The hunt will be broken down into four different age groups, with “several thousand eggs” to be hidden in the park. Kids’ games will also be held on-site.

The Bethany Beach Town Council has formally made known its opposition to a development of six four-unit multi-family structures proposed to be built off Garfield Parkway on property that contains forested wetlands — 1.9 acres of which would be filled in by owners Stanley and Delores Walcek if permits from federal, state and local officials were granted.

At their Jan. 15 meeting, the council voted unanimously to issue an official response to a DNREC request for comment on the Walceks’ application for a federal consistency determination of feasibility for the project from the U.S. Army Corps of Engineers. That response was firmly negative. It was also the latest Town response to efforts by the family to develop the parcel that lies between Garfield Parkway and the Loop Canal, which have been ongoing since at least 2008.

Councilman Bruce Frye noted in his motion before the council that the Walceks were “continuing to seek approval” for the project, speaking to two prior attempts to develop the parcel, in 2008 and 2012, both of which were met with opposition from neighbors and Town officials.

While no plans have been submitted to the Town as yet, in its latest iteration, the development battle requests that the Corps find that the Walceks would be adequately mitigating the loss of the 1.9 acres of forested non-tidal wetlands along the flood-prone Loop Canal in Bethany by creating 4 acres of new wetlands at a location behind 84 Lumber in Clarksville.

Frye said in his comments that he felt new wetlands in that location “wouldn’t do much for Bethany.”

With the Dec. 20, 2015, request for the consistency termination came an opportunity for public comment, and the public has obliged, both through council members’ statements at the Jan. 15 meeting and letters to the editor, as well as letters addressed directly to DNREC and Corps officials, which are due prior to Feb. 12.

“I and many residents do not believe the development would be good for the town, especially in light of the recent flooding study from the Army Corps of Engineers, which basically says we have no cost-effective remedies for flooding,” Frye said. “We want solutions that mitigate flooding and want to avoid projects that would make flooding worse.

“Wetlands are natural sponges and filters for water. We should preserve them,” he added, noting also concerns about loss of wildlife habitat and increased traffic should the development off Route 26 go forward.

Resident Carl Tull also spoke in opposition to the proposal on Jan. 15, noting that filling the property would eliminate one of only two wetland areas near the Loop Canal. “It is one of only two that act as a sponge for all of the water that drains there, from Pennsylvania Avenue to the Loop Canal.”

Those who saw the area during and after Hurricane Sandy and the October 2015 nor’easter “know we have a serious flooding problem,” Tull emphasized, noting a nearby parking lot had been completely flooded and trees knocked down because of floodwaters during the latter storm.

“If you develop that land, you take away one of those two wetlands,” he added, noting also the potential loss of habitat and the ecological, as well as flooding-related, value of the property to the area.

Vice-Mayor Lew Killmer recommended those already preparing to fight the proposed development watch for further action by the Corps and other agencies.

“Even if this got approved by the Corps, the Walceks would have to meet all the requirements set forth in our code to build anything there,” he said, noting also approvals that would be needed from the Sussex County Soil Conservation District, DelDOT and DNREC. “This is one stage in a long process. It is not the end of the road in the event the Army Corps says, ‘Go ahead.’ It’s not that simple.”

Councilman Joseph Healy voiced his own concerns over the potential impact that the loss of the wetlands on the property could have.

“When we have a heavy storm … I drive behind St. Ann’s to look at the water back there. I can tell you it is just absolutely awful. Pennsylvania Avenue is bad, and I think all of us see that, but I go back there… I just can’t support using those wetlands for development,” he said.

Council members voted unanimously on Jan. 15 to send a letter of opposition to the project to the Corps ahead of the agency’s consideration of the Walceks’ request for Corps approval.

A long history

of development

attempts, opposition

Should the Walceks garner approval from the Corps to develop the land by filling in 1.9 acres, it could be the third time they would come in front of the Town with a plan to build there, with prior attempts made in 2008 and 2012.

In 2008, the property at 501 Garfield Parkway (Lots 10, 9, 8 and part of 5, Block 25, in the R1 zoning district) — on the north side of Route 26, opposite Candle Light Lane and adjacent to the Loop Canal, between Hudson Avenue and Weigand Lane — was proposed for a planned residential development (PRD) or minor subdivision.

A sketch-plan review was held by the Planning Commission in January 2008, which elicited a number of criticisms, comments and suggestions from commissioners. The commissioners don’t vote on approval of a sketch plan but use the process to give the applicant feedback on whether the proposal meets the requirements of town code and whether it fits in the area proposed, as well as to offer a chance for neighbors to comment on the proposed project.

In addition to seeking to confirm whether the project would be a PRD or minor subdivision, the commissioners in 2008 suggested the Walceks better describe the wetlands on the property and make changes to proposed roadways within it, as well as make changes to proposed setbacks and better illustrate features including ditches and recreational areas, and consider drainage issues.

Further, the commissioners told the Walceks: “At the meeting, a number of neighbors whose properties are adjacent to your property expressed their concern as to a possible negative impact that your proposed development will have on stormwater-related flooding in this area of the Town that is currently prone to flooding.

“Their concern is directly addressed in the Town Code: §200-43. Lots. C: ‘Where there is a question as to the suitability of a lot or lots, the Planning Commission may, after adequate investigation of flood conditions, wetlands or similar conditions, withhold development approval of such areas.”

The project did not move forward in the Town’s approval process at that time. Typically, a more formal plan would have been submitted thereafter by the applicant.

Then, in March 2012, a new PRD application was submitted to the Planning Commission, immediately garnering public attention as it once again went for sketch plan review of the proposal for six four-unit buildings, with an entrance on Route 26.

Official minutes from that meeting state, “Mr. Killmer acknowledged that there is much public interest involved with this application, which is why it will be advertised much in advance, even though it is not a requirement. He asked the Commissioners to review the requirements in the Zoning Code prior to the meeting to be sure that there is no violation of the Code.”

Killmer “explained that Mr. Walcek informed the Town that, in essence, before the Army Corps of Engineers makes a final decision on an application, they prefer to have knowledge of how the Town views the application. He added that the Army Corps of Engineers ultimately votes on all applications submitted to them, and it is difficult for the Planning Commission to make a decision on the application without having knowledge of the concerns of and/or conditions the Army Corps places on the property in question.”

Then-commissioner (now Councilman) Chuck Peterson said at the time that “determining the Corps’ assessment of filling wetlands for the feasibility study could solve this issue.”

Then-commissioner (now Councilman) Fulton Loppatto also raised the issue of a lawsuit and appeal in federal courts by the Walceks over issues related to past efforts to develop the property and denial of approvals from the Corps.

In April 2012, the commission deemed the submitted plan to have met the requirements of the zoning code but noted that the entire property was composed of roughly 12 acres of wetlands and that an application was before the Corps, asking them to allow the Walceks to fill in about 2 acres so that they would not be classified as wetlands.

“No further action by the Town will take place until the Army Corps of Engineers approves the project,” the meeting minutes stated at that time.

Corps has fought

past efforts

to develop property

Four years later, the Corps has yet to issue such an approval, but the agency could potentially offer some form of approval when answering the Walceks’ most recent request for a consistency determination.

In the past, the Corps has blocked development of the wetlands property, even issuing cease-and-desist orders when the family had previously proceeded with filling portions of it, despite having been warned about their status as protected wetlands.

The Walceks’ appeal of a related case in the federal courts resulted in September 2002 in an upholding of a finding against them. The decision in that case notes that the Walceks had purchased 14.5 acres of land for $117,731, in two transactions, in 1971, shortly before passage in 1972 of the Clean Water Act (which would later come into play), with the intent to develop the property to supplement their retirement income.

According to the decision, “The Walceks failed to investigate the potential physical or regulatory impediments to development of the property prior to purchasing it. The Court of Federal Claims found that: Before purchasing the Property, neither Mr. Walcek nor any of the other plaintiffs conducted any systematic studies of the Property, regarding such things as soil type, underground springs or other circumstances that might impact on its suitability for development.

“Nor, prior to the purchase, did any of the plaintiffs contact any engineering or land-use consultants regarding the Property, or attempt to secure any information regarding any existing or impending federal restrictions on the development of the Property.”

The decision states that somewhere between 4.5 and 5.2 acres of the property were mapped as wetlands by the State and that filling any portion would require approval from the State. It also states that it was understood that there was “no reasonable likelihood that such approval would be granted [by the State] to allow residential development.”

A portion of the property also falls below the mean high-tide water mark, which makes it subject to federal regulation, which prohibits construction that impacts navigable waters without approval by the Corps, with the Corps’ “public interest review” adding as concerns environmental and conservation issues, as well as purely navigational impacts.

In 1972, 13.2 acres became subject to regulation under the Clean Water Act, as federally regulated wetlands. That meant a permit from the Corps to fill and develop the property, as well as a Water Quality Certification and Coastal Zone Management Consistency Certification from the State of Delaware, were all required to be obtained before the property could be developed.

According to the 2002 decision, in March 1984, the Walceks entered contract to sell the property for $1 million to a group of investors, contingent upon the buyer obtaining necessary permits for the construction and sale of 60 or more townhouse units. The decision states that it was at that time, Stanley Walcek said, that he first realized the property was wetlands.

Having asked the Corps to identify the contours of the wetlands on the property, Walcek was subsequently told that there were 13.2 acres of federally regulated wetlands, with 4 to 5 of those acres being State-regulated tidal wetlands. The Walceks then released the buyer from the contract, the decision states.

In 1987, it was noted, the Walceks had pursued a border-to-border 77-lot residential development on the property, and began filling and developing the property without permits. The Corps issued a cease-and-desist order, with which the Walceks eventually complied, the decision stated.

In 1998, the family submitted to the Corps and DNREC applications for the authority to fill and develop the property. The Corps denied that approval and instead proposed alternatives, which the decision stated the Walceks considered economically unviable.

According to the 2002 decision, in 1994, the Walceks filed a federal complaint alleging the Corps had engaged in both permanent and temporary taking of the property, arguing that the 1993 decision by the Corps had rendered useless the economic value of the property and that a temporary taking had happened based on the delay between the 1986 cease-and-desist order and the 1993 permit denial. A summary judgement had found that no taking had occurred.

In 1996, the Corps issued the Walceks a permit to authorize some development of the property, but less than the Walceks had requested. The Corps authorized a 28-lot residential development on two cul-de-sacs, allowing them to fill up to 2.2 acres, conditioned upon their mitigation of that loss of wetlands by creating or restoring 4.4 acres of other wetlands.

(That is a similar situation to that currently proposed, with a specific location of those new or restored wetlands having apparently been determined by the family but not yet approved by the Corps. The federal consistency determination by the Corps that the Walceks are currently requesting could decide whether the Corps finds the replacement wetlands sufficient to meet their previously stated condition for development of the Bethany property.)

In the 2002 decision, the court determined no compensable taking had taken place as a result of the Corps’ cease-and-desist order but allowed that there had been a non-compensable diminution in value, though the determination by the Corps had still allowed the Walceks “to realize to a not insignificant degree their reasonable expectations in developing the property.”

All of this information was made available to the council in the briefing book for their Jan. 15, 2016, meeting, via a request for information (a copy of which is online at http://www.townofbethanybeach.com/archive.aspx?amid=&type=&adid=1866), with the full 2002 court decision online at http://caselaw.findlaw.com/us-federal-circuit/1161108.html.

The closing date for comments on the current application to the Corps is Feb. 12. It is unknown when a feasibility determination from the Corps might be forthcoming. No new proposal to develop the project had been received by the Town as of the council vote Jan. 15, and their most recent action on the prior proposal had been the commissioners’ ruling that no action would be taken without Corps approval of the proposal to develop the property.