REGULAR COUNCIL MEETING
August 6, 2007
7:00 P.M. meeting called to order in the Council Chambers, Mayor-Larry Gum
presiding. Present were Vice-Mayor Robert Bryan, Secretary Tim Hodges,
Treasurer Michelle Truitt, Councilperson 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.
Absent John Thoroughgood and Irene Keenan. Guests see attached.
SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from
the July 2, 2007 council meeting for Council's approval. Hodges motioned,
Wilkins second to approve the minutes from the July 2, 2007 council meeting
as written. Motion carried with John Thoroughgood and Irene Keenan absent.
TREASURER'S REPORT - Treasurer Michelle Truitt presented the bills
and bank balances to Council for approval. Bryan motioned, Wilkins second to
pay the bills from the designated accounts as presented. Motion carried with
John Thoroughgood and Irene Keenan absent.
MILLSBORO FIRE COMPANY -Ray Burton, President Millsboro Fire Company,
presented the monthly report to the Council. The Fire Department responded
to 47 alarms in July. Emergency Medical responded to 147 calls and
transported 111 patients. The Fire Dept. will be sponsoring a shrimp and
corn-on-the-cob dinner on Saturday during the Big Thursday celebration. On
August 25"' they will be having their annual crab feast at the fire hall.
CHAMBER OF COMMERCE - Fran Bruce, Chamber of Commerce Director,
conveyed the Millsboro Garden Club's thank you to Council for the $500.00
donation. The Garden Club will be using these monies to help with fall
plantings around town and at Cupola Park. Ms. Bruce also reported that
DELDOT has requested that no flower boxes be placed on the bridge railings
along Rt. 24. The Kiwanis's Club has submitted a letter requesting that the
Millsboro Garden Club take over the flower garden in Cupola Park maintained
by the Kiwanis's Club in years past. The Garden Club has accepted this
invitation. Big Thursday preparations are underway and this year's festival
should be very successful. Ms. Bruce also thanked the Town and Police Dept.
for all their assistance overseeing this festival.
STREET REPORT - DELDOT construction is underway on Main and
Washington Streets. They will be making necessary sidewalk repairs along
with resurfacing. The work is expected to last through August and September
and should be completed early October. George Lynch Const. is doing the work
and has hand delivered notices to the properties along the construction
route. The work is scheduled to be done at night, Monday-Thursday.
PARKS AND RECREATION -The new gazebo has been placed in the Cupola
Park and looks very nice. This is the second gazebo placed in the Cupola
Park.
POLICE REPORT- Chief Murphy reported that the Department is in their
summer training hiatus. Training will be sporadic during the summer, and
will be picked back up in September.
DELDOT has started repairing sidewalks and preparing to resurface
Washington Street from US 113 east to Mountaire Farms. This project should
take about six weeks to complete. The majority of the construction will
start after 7 P.M. and conclude prior to 7 A.M. Traffic issues should not be
significant.
The Police Dept. has made all the normal preparations for Big Thursday and
the Hispanic Festival. The preparations for Big Thursday do include the 5K
run and the car show.
WATER/SEWER REPORT -
Resolution/EPA Funding - Bryan motioned, Wilkins second to pass a resolution
appointing either Faye L. Lingo, or Larry D. Gum as their authorized
representatives to transact and sign any and all documents related to the
securing of funds from Federal grants awarded to the Town of Millsboro as
administered by the Environmental Protection Agency. Motion carried with
John Thoroughgood and Irene Keenan absent.
Resolution/USDA Rural Dev. Funding - Bryan motioned, Wilkins second
to pass a resolution appointing either Faye L. Lingo, or Larry D. Gum as
their authorized representatives to transact and sign any and all documents
related to the securing of funds from Federal grants and loans awarded to
the Town of Millsboro as administered by the USDA Rural Development. Motion
carried with John Thoroughgood and Irene Keenan absent.
Well-Villages of Millwood - The Village of Millwood developers have
asked permission to continue use of a well they had installed on the
property. This well was installed sometime between May 2005 and June 2005
and the town was never notified. A committee was assigned to review the
request and make a recommendation to council as to how to proceed with the
developers request for continued use of the well. The committee's
recommendation is to impose a $1000.00 fine for installing a well without
town approval. The development is to operate and maintain their well at
Millsboro's direction and Millsboro will inspect to be sure it is to town
standards. The well is to have backflow prevention, be metered and bulk
rates are to be paid. Hodges motioned, Truitt second to accept the committee
report on the Millwood Irrigation Well and to allow the well to remain open
and in use with the recommendations enforced as presented in their report to
Council. Motion carried with John Thoroughgood and Irene Keenan absent.
The committee also recommended that new zoning be adopted stating that any
development with 75 units or more would be allowed to have a well within
town limits for irrigation purposes. Wilkins motioned, Bryan second to have
the Town Solicitor, Tempe Steen, draw up an ordinance stating that new
zoning be adopted for 75 units or more to have a well for irrigation
purposes. Ordinance to be presented to Council for approval at the September
4, 2007 Council meeting. Motion carried with John Thoroughgood and Irene
Keenan absent.
Town Manager, Faye Lingo, did a sewer adjustment for 312 Old Landing Road
due to a water leak that did not go through the sewer system.
MAYOR'S REPORT:
Lenape Properties Management, Inc. has submitted a request to Council to
consider permitting self-storage facilities as a conditional use within the
Highway Commercial zone. They would like to build such a facility on three
acres of a four acre parcel they own in Town limits. The property is located
behind and adjacent to the Arby's restaurant at the intersection of Route
113 and Mitchell Street. Lou Ramunno, representing Lenape Properties, told
Council that the facility would be climate controlled and would attract long
term tenants. He showed pictures of how the building would look. Council is
to review the information presented and get back to Mr. Ramunno with their
findings. At this time the Town zoning does not allow this type of business
in any of the zoning in town. If the council does want to pursue this then
the zoning will need to be amended to allow it.
Annexation Impact Fees - The town engineers, CABE Associates, have
been reviewing the impact fees for possible increases. The recommendation
for the water and wastewater annexation fee is that it be increased by
$3,100.00. The current rate is $4,400.00, with a proposed rate of $7,500.00
an acre. These numbers were presented at the public hearing held on July 18,
2007. Wilkins motioned, Bryan second to approve an increase of $3,100.00 to
the annexation impact fee making the new annexation impact fee $7,500.00 per
acre. Motion carried with John Thoroughgood and Irene Keenan absent.
Sewer Impact Fee - CABE Associates has also recommended a $2,500.00
increase to the sewer impact fee. Current rate is $2,000.00 and the proposed
rate will be $4,500.00 per EDU. Wilkins motioned, Bryan second to approve an
increase of $2,000.00 to the sewer impact fee making the new sewer impact
fee $4,500.00 per EDU. Motion carried with John Thoroughgood and Irene
Keenan absent.
CABE Associates has also recommended an increase in W/S user fees. That is
to be visited in the upcoming budget.
Joseph Annexation - Larry and Vonda Joseph, of 29687 Millsboro Hwy.;
Millsboro, DE, have submitted an application for annexation into the town.
They would like to have the availability to town water/sewer. Mayor Gum
appointed Robert Bryan/Chairman, John Wilkins and Tim Hodges to review the
application and make a recommendation to council.
Patriots Landing - The Patriots Landing Committee gave a preliminary
report last month and their report to Council this month recommended that
the town move forward with the annexation with a Medium Residential District
zoning. The committee agrees that the proposed development, Patriots
Landing, be annexed into town and be zoned MR
(Medium Density Residential). This
community will hook into the town water and sewer and is looking to start
development in approximately two years. Bryan motioned, Wilkins motioned to
approve the resolution proposing that the town annex part of certain
territory contiguous to the present northeasterly limits of the Town of
Millsboro owned by Patriots Landing, LLC, tax map number 1-33-11.00-14.00
and 15.00; and 1-33-16.005.00, 6.00 and 12.00, 157 acres, more or less,
fronting on the east side of U. S. route 113 and the northwesterly side of
the Millsboro Pond, to amend the zoning map and zoning ordinance of the Town
of Millsboro to include said territory in the Medium Density Residential (MR)
District and to set a Public Hearing on said annexation and zoning amendment
for October 1, 2007. Motion carried with John Thoroughgood and Irene Keenan
absent.
Board of Election Members Compensation - In previous years those that
have volunteered and given their time to work town elections have been
compensated with a $25.00 gift certificate to a local restaurant. Council
was asked if they would like to do the same this year. If so Council was
informed there were six workers at the June Municipal election and there
would be six at the Referendum Special Election on August 25" that this
would effect. Wilkins motioned, Bryan second to give those that have worked
the Municipal Election in June and the Special Election, to be held in
August, a $25.00 gift certificate to a local restaurant in appreciation for
their help. Motion carried with John Thoroughgood and Irene Keenan absent.
Parker 332 Main Street Conditional Use Renewal - John H. Parker, Sr.
has submitted an application for a conditional use renewal for apartment #2
at 332 Main Street. There have been no complaints on this usage. Bryan
motioned, Wilkins second to extend the conditional use of John Parker for a
second conditional use for second single family dwelling/apartment over an
existing garage as a second accessory use at 332 Main Street, Town of
Millsboro, Tax Map # 1-33-17.09-29. Motion carried with John Thoroughgood
and Irene Keenan absent.
Peninsula Crossing Ad-Hoc Committee Report - Kyle Gulbronson, URS,
presented an overview of the Peninsula Crossing Ad-Hoc meeting held on May
31, 2007. He explained there are problems with developing a large scale
commercial center under the existing HC - Highway Commercial Zoning
District. It was discussed with Mr. Dyer that the RPC District is primarily
a residential district in nature and has always been interpreted by the Town
to be residential and that a RPC overlay over this commercial project was
not practical. It was also discussed that the proposed Planned Commercial
District Ordinance was basically a "Town Center" or mixed use district which
would not lend itself to this type of commercial development. Kyle suggested
that a possible solution might be to develop a Commercial Overlay District
for a larger scale commercial development. Mr. Dyer, the developer, is
willing to work with the town on the zoning. Mayor Gum did express that
there was some confusion among Council members about mixing the back
property, west of Handy Rd., with commercial and residential. Mr. Dyer would
like to have the property which fronts along Handy Rd. annexed in as Medium
Residential and then apply to have the 10.8 parcel zoned HC - Highway
Commercial with the proposed commercial overlay. The residential portion of
the property could remain MR - Medium Density Residential with RPC overlay.
Mayor Gum appointed a committee consisting of John Wilkins/Chairman, John
Thoroughgood and Robert Bryan to review the annexation request and how this
fits with the town's zoning and report back to Council with their
recommendation. Bryan motioned, Wilkins second to accept the Ad-Hoc
committee report and to send the request for annexation to the appointed
annexation committee for review and recommendation. Motion carried with John
Thoroughgood and Irene Keenan absent.
September Council Meeting - September's Council meeting will be held
on a Tuesday due to a holiday being on the first Monday. The date is
September 4, 2007.
Hodges motioned, Wilkins second to adjourn the Regular Council meeting at
7:45 P.M. Motion carried with John Thoroughgood and Irene Keenan absent.
Tim P. Hodges
Secretary
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