REGULAR COUNCIL MEETING
April 2, 20077:00 P.M. meeting called to order in the Council Chambers, Mayor-Joseph
Brady presiding. Present were Vice-Mayor Larry Gum, Secretary Irene Keenan,
Treasurer Robert Bryan, Councilpersons John Thoroughgood, Michelle Truitt,
John (Jack) Wilkins, Town Manager Faye Lingo, Town Solicitor Tempe B. Steen,
Adm. Assistant Brenda J. Morris, Development Coordinator Linda Johnson,
Finance Director William Sauer. Guests see attached.
BLUEWATER WIND PRESENTATION
- Rob Propes, DE Project Director, spoke to
Council and those present about the possibility of an offshore wind park as
an answer to Delaware's energy needs. The country of Denmark is now
receiving 20% of its electric from wind turbines. The Offshore Wind Park
would dependably provide the amount of energy used by as many as 130,000
households in the state. The wind park would be located at one of two
possible sites in the Atlantic Ocean. Each site has its own positive
characteristics. Bluewater Wind is bidding for a power contract along with
several others. Consultants are studying the different bids that have come
in and as early as May 8'h a decision may be made to determine the energy
bid choice. If they were to win the bid there would be two years spent in
permitting and then two construction seasons. The first half of the project
would be built by 20 11 with the second half done by 2012. The first half
could be sending electricity by February 2011. The price would be about the
same as customers are paying now for their electricity. Some questioned how
much of the time these windmills would be able to send electricity to shore,
especially if there is no wind. Mr. Propes informed those present that
electricity would be sent about 87% of the time, averaging 200 NIGH per
hour. There would be no visible storage units on shore and the electricity
would be transported to a sub-station through cables six feet under the
beach front. Fishing and boating will continue among the turbines and the
foundations will serve as artificial reefs, enhancing Delaware's marine
life. The Coast Guard would regulate how close to shipping lanes the project
could be. The wind turbines are to be located at least six nautical miles
off shore. At that distance, the turbines will be difficult to see. On hazy
summer days, the wind park will not be visible at all. They feel that
offshore wind is Delaware's own source of energy and it meets the state's
needs perfectly; as it is stable-priced, clean, dependable and renewable.
SECRETARY'S REPORT - Secretary Irene Keenan presented the minutes from the
March 5, 2007 council meeting for Council's approval. Keenan motioned,
Wilkins second to approve the minutes from the March 5, 2007 council meeting
as written. Motion carried.
TREASURER'S REPORT - Treasurer Robert Bryan presented the bills and bank
balances to Council for approval. Bryan motioned, Gum second to pay the
bills from the designated accounts as presented. Motion carried.
MILLSBORO FIRE COMPANY
- Ray Burton, President Millsboro Fire Company,
presented the monthly report to the Council. The Fire Department responded
to 41 alarms, with seventeen of those being in town and nineteen rural.
CHAMBER OF COMMERCE - Fran Bruce, Director of the Greater Millsboro Chamber
of Commerce reported to Council and reminded them an Easter Egg hunt would
be held on Saturday, April 7°i at 12:00 noon, weather permitting at Cupola
Park. The Home and Life Show, sponsored by the Chamber, is to be held on
Saturday, April 14`n Most of the commemorative benches are in place around
town with a few waiting to be placed after anchors for them have been
received. She thanked the town maintenance workers for their part in putting
the benches together and placing them in different locations around town.
The benches have been so well received that she has had orders for more.
PARKS AND RECREATION - No report STREET REPORT - No report
POLICE REPORT
- On March 1st Pfc. Forester attended a Defensive Driving for Emergency
Vehicle Operators at the DSP Academy.
- Sgt. Calloway attended Police Motorcycle Operator Training at the North
Carolina Highway Patrol facility.
- Cpl. Wheatley attended Munitions Training at the Abington Police Department
in Pennsylvania.
- Cpl. Legates attended Pedestrian and Bicyclist Fatal Accident Investigations
also at the Abington Police Department.
- Lt. Quigley attended the CALEA Conference in Greensboro, North Carolina.
- Chief Murphy, Cpl. Legates, Pfc. Berrios and Ptl. Morris attended E-Ticket
training at DELJIS.
- The recruits are doing well in their field training. They will wrap their
field training up later this month.
- DELDOT will be working on the intersection of US 113 and SR 24 for most of
the month of April. I have coordinated with DELDOT and the contractor for
police presence during the project. This is a night time project; they will
be working from 8 p.m. until 6 a.m.
WATER/SEWER REPORT - The town received a letter from Nina W. Timmons, 111
Irons Ave., informing them of a leak that was found to be underground just
beyond the water meter and did not enter the sewer line. She is asking for
an adjustment on the sewer portion of her water/sewer bill. An adjustment
will be done according to town ordinance.
MAYOR'S REPORT:
An ordinance titled "Town of Millsboro Subdivision & Development Ordinance"
was presented to Council for review. The purpose of this Chapter is to
provide rules, regulations and standards to guide land development in the
Town of Millsboro. No Council action was required at this time.
Tempe Steen, Town Solicitor, introduced Council for Town/Bond Issue, Timothy
Frey of Saul Ewing, LLP and John Stalfort, Bond Council, of Miles &
Stockbridge. They will be working with and advising the town during the sale
of the Special Obligation Bonds on the Plantation Lakes Special Development
District.
A supplemental application was introduced to Council for approval. This
application is to request the Amendment of District Boundaries of the
Plantation Lakes Special Development District and the Levy of Special Taxes
on the Property in the Plantation Lakes Special Development District and the
Issuance of Special Obligation Bonds. Gum motioned, Bryan second to approve
the Supplemental Application of Plantation Lakes as presented. Motion
carried.
A resolution amending the boundaries of Plantation Lakes Special Development
District providing for the creation of the special tax fund; pledging the
special tax to be levied on real property within Plantation Lakes Special
Development District to the Plantation Lakes Special Tax Fund; and promising
that the proceeds of the special tax will be paid into the Plantation Lakes
Special Tax Fund was introduced to Council for approval. Bryan motioned, Gum
second to approve and accept the resolution amending the boundaries of
Plantation Lakes Special Development District (The "Plantation Lakes
District"); providing for the creation of the Plantation Lakes Special
Development District Special Tax Fund (The "Plantation Lakes Special Tax
Fund"); pledging the Special Tax to be levied on real property within the
Plantation Lakes District to the Plantation Lakes Special Tax Fund; and
promising that the proceeds of the Special Tax
will be paid into the Plantation Lakes Special Tax Fund; all in accordance
with Title 22 of The Delaware Code, Chapter 18 and section 34B of The
Charter of Millsboro (collectively, The "ACT"). Motion carried.
An ordinance was presented to Council for approval which confirms the
creation of the Plantation Lakes Special Development District, the future
direction and regulations pertaining to the selling of the Special
Obligation Bonds. After some discussion Bryan motioned, Gum second to accept
and approve "An ordinance of The Town of Millsboro (The Town): confirming
the creation of The Plantation Lakes Special Development District (The
"Plantation Lakes District"); confirming the creation of The Plantation
Lakes Special Development District Special Tax Fund (The "Plantation Lakes
Special Tax Fund"); providing for the levy of a special tax on all real
property within the Plantation Lakes District; pledging the special tax on
real property within the Plantation Lakes District to the Plantation Lakes
Special Tax Fund and promising that the proceeds of the special tax will be
paid into the Plantation Lakes Special Tax Fund; providing for the use of
moneys in the Plantation Lakes Special Tax Fund; authorizing the Town to
enter into funding agreements with one of the current owners of the property
with in the Plantation Lakes District; making certain legislative findings,
among others, concerning the public benefit and purpose of Special
Obligation Bonds to be issued by the Town; authorizing and empowering the
Town to issue, sell and deliver, at any one time or from time to time, its
Special Obligation Bonds in one or more series in an aggregate principal
amount not to exceed $52,000,000; Providing that such Special Obligation
Bonds and the interest thereon shall never constitute a general obligation
debt of or a pledge of the Town's full faith and credit or taxing powers;
making a finding that the use of the property in The Plantation Lakes
District is consistent with the Comprehensive Plan for the area; authorizing
and empowering the Mayor of the Town prior to the issuance, sale and
delivery of such Special Obligation Bonds, to prescribe the rate or rates of
interest such Special Obligation Bonds are to bear, the form, tenor, terms
and conditions of and security for such Special Obligation Bonds, and to
prescribe, determine, provide for and approve various other matters,
details, documents and procedures in connection with the authorization,
issuance, security, sale and payment for such Special Obligation Bonds; and
generally providing for the financing of public infrastructure improvements
within and without the Plantation Lakes District and for the imposition and
levy of a special tax and the issuance of Special Obligation Bonds, all in
accordance with Title 22 of The Delaware Code, Chapter 18 and section 34B of
Chapter 457, Volume 60, Laws of Delaware, as amended and with attachments.
Motion carried.
The Buffering/Landscaping resolution was brought before Council.
Recommendation of the Planning Commission is that the Mayor appoints a
committee to include Kenny Niblett, Linda Johnson and others to review the
studies, reports and make recommendations to Council, Mayor Brady appointed
committee members Kenny Niblett, Linda Johnson, Joseph Brady, Larry Gum and
Robert Bryan.
The increase in the cost of trash collection by Waste Management to the town
was discussed. The increase cost to the town doubled what is currently
charged to town
residents. It was suggested the town seek out a better rate for trash
collection. Wilkins motioned, Bryan second to advertise for bids for town
trash collection. Motion carried.
The town received a letter of request from El Centro Cultural, Inc. They
would like to hold their Festival Hispano 2007 once again in Millsboro using
the W.B. Atkins Park. The date requested is August 19, 2007. Gum motioned,
Wilkins second to approve the use of the W.B. Atkins Park for the Festival
Hispano 2007, August 19, 2007, with same terms and agreements as 2006 and
with Little League notification. Motion carried.
An amendment to Chapter 140, Mercantile Licensing was presented to Council
for approval. Gum motioned, Thoroughgood second to approve the amendment to
Chapter 140, of the Code of the Town of Millsboro, MERCANTILE LICENSING, to
clarify the applicability of this chapter and providing specifically for
solicitors, hawkers, and peddlers. Motion carried.
David O. Rickards, of UEK Delaware, came before Council to discuss a project
that would generate "green electricity". They are looking for a site to
place a UEK turbine in a moving current and would like to utilize the
Millsboro spillway at Cupola Park. The area just beyond the spillway can be
used to place one or two 3' turbines capable of generating electricity that
could be used to light the park and street lights, or connected into the
grid and credited towards the town's usage. Even though the spillway is
controlled by DNREC, the water by Army Corp. of Engineers, the access point
would be the Cupola Park and therefore they would also need permission from
the town to proceed with this type of project. They need a working site that
can be used to promote their technology. They feel the site at Cupola Park
would be ideal. It is easy to access and can be used as an educational tool
for the schools as well as the public. It was decided to defer any decision
on this project until the May Council meeting after discussion can be held
with Kenny Niblett.
The town received notice of a public hearing from Sussex County for Parker
Block Co., Inc. Parker Block is asking the County to consider the
Conditional Use of land in an AR1 Agricultural Residential District for
expansion of a concrete block plant, concrete plant, concrete / block
crusher, and future asphalt plant to be located on a certain parcel of land
lying and being in Dagsboro Hundred, Sussex County, containing 10.00 acres,
more or less, lying 800 feet south of Route 24, 1,183.53 feet southwest of
Road 409 (Mumford Road). Councilman Wilkins told Council he is against the
asphalt hot mix plant as it will be adjacent to town boundaries which may be
in the next area of interest to be developed when the Comprehensive Plan is
reviewed. Councilman Gum informed members that there is already this type of
plant near town boundaries. Wilkins motioned, Bryan second to send written
comment to the County expressing that the Town of Millsboro opposes the
approval of this ordinance for a conditional use of land, as requested, due
to the location of the asphalt mix plant being near property being developed
for residential use in town limits. Vote taken as Thoroughgood abstained due
to conflict of interest. Brady aye, Gum aye, Bryan aye, Truitt aye, Keenan
aye, Thoroughgood abstain, Wilkins aye. Motion carried.
The Delmarva Power agreement for relocation of transmission lines at
wastewater treatment plant was discussed. Councilman Gum feels it is open
ended and needs to be redone with stipulations stated in agreement. Also
details on clarifications within the
agreement need to be included. To be revisited after Delmarva Power has been
informed of the Town's concerns.
The 2007-2008 tax assessment list has been posted for public review. A
public hearing needs to be set to hear any appeals at the next regular
council meeting. Thoroughgood motioned, Bryan second to hold a public
hearing at the May 7, 2007 Council meeting to
hear any tax appeals to the 2007-2008 assessment. Motion carried.
A Patriots Landing update pertaining to possible annexation and development
was discussed by Council and Mr. C.T. Bochau representative from the
Patriots Landing development group. Last month the State Planning Office
reported to Council that they feel the property that the Patriots Landing
group would like to develop could be considered contiguous to the town
limits as a portion does touch Betts Pond. The town has said that it was not
in favor of annexing any more property into the town limits until 2009 when
the Comprehensive Plan is revisited for update. Mr. Bochau is questioning
where the possibility of this annexation sits at this time. They would like
some direction from the town as to where and when they should proceed with
their annexation and development plans that have been presented to Council.
Mr. Bochau was told that at this time they would have to modify the RPC
zoning to allow for the type of development they are asking for and Tempe
Steen, Town Solicitor, informed those present the property is not ready to
go through the annexation procedure as the feasibility study has not been
presented to Council yet. It was decided that the former feasibility
committee of Gum, Bryan and Wilkins are to get together with Mr. Bochau and
discuss the details involving this request.
The election slate will be posted May 1, 2007 and comes down May 25, 2007.
District 1/Brady and District2/Thoroughgood are up for election. If an
election is needed it will be held June 9, 2007.
Burtons Crossing LLC has requested the town reimburse part of the cost of
relocation of the water main behind Bakers Hardware. The total cost for this
relocation was $7,510.00. Gum motioned, Bryan second to reimburse 1/2 of the
$7,510.00, $3,755.00, in the form of a credit on future building permit fees
processed for the Burtons Crossing development. Motion carried.
Louis Garver, Union Street, questioned Council on the public notice of sex
offenders living in and around Millsboro. He feels more should be done to
make these names better known to the public.
Thoroughgood motion, Bryan second to recess the regular council meeting at
9:00 pm and enter into executive session at 9: 10 pm to discuss legal and
personnel.
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