REGULAR COUNCIL MEETING
December 3, 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, John
Thoroughgood, Irene Keenan, Town Manager Faye Lingo, Town Solicitor Tempe
B.Steen, Development Coordinator Linda Johnson, Finance Director William
Sauer. Guests see attached.
PUBLIC HEARING/Peninsula Crossing - Mayor Larry Gum opened a public
hearing to receive comments on the annexation request from Millsboro Towne
Center, LLC. They are requesting that 57.89 acres, located on the west side
of Handy Road, part of map and parcel no. 2-33-5.00 parcel 11 5.01 be
annexed into the town limits and zoning be set as medium density
residential. Hearing was left open for additional comments.
PUBLIC HEARING/Vacate Alley - Mayor Larry Gum opened a second public
hearing to receive comments on changing the street structure of the Town
relating to that part of an unnamed, unvacated alley/street extending
parallel to an on the east side of U.S. Route 113 in front of Baker's
Hardware, map number 1-33-17.17 parcel number 60.00. Hearing was left open
for additional comments.
DELAWARE FOUNDER'S INSURANCE TRUST INDEMNITY PLAN (DFIT) - Program
Administrator's Theresa DeSanto and Joseph Buonano came before Council to
answer questions and explain the workman's compensation insurance pool being
formed with the towns in Delaware through the Delaware League of Local
Governments. Millsboro has been included since the beginning to help
determine the rates and any savings. This is a self funded municipal
insurance group which will offer municipalities in Delaware an alternative
to the spiraling workers compensation insurance costs. As part of the
insurance group, each DFIT member will have the ability to better control
its workers compensation costs on a year-to year-basis, which will enable
more consistent budget planning for each municipality. This plan has been
approved by the Delaware State Insurance Commission and the U.S. Labor Board
approval is still pending but is expected. Millsboro's Finance Director,
William Sauer, reported that after studying this plan and using the rates
given, The Town of Millsboro would see a 20% savings from the Workman's
Compensation plan we currently have. The initial and subsequent membership
in DFIT will be for a three year period. There will be no penalty to get out
of the plan but in years two and three a buy in will be required to join or
rejoin. The plan will be run by a Board of Trustees chosen from among
members participating and will be for a two year term. Council is to discuss
and look into before making a decision.
SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from
the November 5, 2007 council meeting for Council's approval. Bryan motioned,
Wilkins second to approve the minutes from the November 5, 2007 council
meeting as written. Motion carried.
TREASURER'S REPORT - Treasurer Michelle Truitt presented the bills
and bank balances to Council for approval. Bryan motioned, Thoroughgood
second to pay the bills from the designated accounts as presented. Motion
carried.
Audit Report - Sheldon
Forney, CPA, from Jefferson, Urian, Doane & Sterner, P.A., presented the
yearly audit for the year ending June 30, 2007. As of June 30, 2007,
assets exceeded liabilities by $17,439,753. Of this amount, the Town had
negative unrestricted assets of $319,020. The Town's total net assets
increased by $1,749,832 during the year. The net increase was mainly
generated from realty transfer taxes, annexation and building fund fees
and impact fees. As of June 30, 2007, Millsboro's governmental funds
reported an ending fund balance of $4,096,342. This increased $1,605,585
from the preceding year, and increased the fund balance by 64%. Mr. Forney
informed Council that the Town was in a strong position at the end of June
2007. The revenues, expenses, restricted and unrestricted accounts were
explained to Council from page 6 of the Audit Report. After hearing Mr.
Forney's report Bryan motioned and Wilkins second to accept the audit for
the year ending June 30, 2007 as presented. Motion carried.
MILLSBORO FIRE COMPANY -
No report CHAMBER OF COMMERCE - No report
POLICE REPORT - Lt. Calloway attended the CALEA conference in
Colorado Springs.
- Ptm. Ober attended a class
on drug investigations at the DSP Academy.
- The sidewalk repair and
repaving on Main Street has been completed. There are a couple of areas at
US 113 and SR 24 that need to be repaired. Those repairs should not impact
traffic.
- We had a DUI Checkpoint
Saturday, November 24th, from 10:00 P.M. until 2:00 A.M. 518 vehicles
passed through the checkpoint. We made 4 DUI arrests and a drug arrest.
- There were no issues
associated with the Christmas Parade.
- Our final checkpoint will be
on New Years Eve from 11 P.M. until 3 A.M.
- The Department will be
working Pedestrian Safety Enforcement and DUI Saturation Patrols through
September of 2008. These projects are funded by the Office of Highway
Safety.
- Chief Murphy informed
Council that the letter to DELDOT with reference to the traffic pattern at
RT. 113 and 24 has been sent. No response as of this date.
- Council was informed that
within the special development district funding there was $60,000
allocated for police cars. Chief Murphy is requesting permission to
purchase two new vehicles. One of the new vehicles will replace one that
was totaled and is out of service. Thoroughgood motioned, Bryan second to
give Chief Murphy permission to purchase two new vehicles using the
$60.000 funded from the special development district with Solicitor Tempe
Steen to check the language as to what is to be purchased. Motion carried.
STREET REPORT - Council
was informed the Town has a contract with the state for funding to do the
storm water repairs on Wilson Highway between town hall and Brandywine
Apartments. The next step is to advertise and schedule the repairs.
PARKS AND RECREATION - No report
WATER/SEWER REPORT - The PNC loan closing documents for the borrowing
of $10,000,000 were signed on Friday, November 30, 2007. The funds are now
available for use.
MAYOR'S REPORT -
- Peninsula Crossing PH
- No further comments were heard. Thoroughgood motioned, Hodges second to
close the public hearing. Motion carried Wilkins motioned, Thoroughgood
motioned to approve the resolution and annexation request of Millsboro
Towne Center, LLC for territory contiguous to the present westerly limits
of the Town of Millsboro, fronting on the west side of Handy Road (C.R.
337), tax map # 2-33-5.00115.01 (FKA part of #122, 57.78 acres and part of
Handy Road (C.R.) 337, from the northwesterly boundary of tax parcel
115.01, approximately 972.33 feet to the southeasterly boundary of said
parcel and to amend the zoning map and zoning ordinance of The Town of
Millsboro to include said territory in the Medium Density Residential (MR)
District. Motion carried.
- Vacate unnamed alley PH
- No further comments were heard. Thoroughgood motioned, Bryan second
to close the public hearing. Motion carried. Bryan motioned, Thoroughgood
second to approve the resolution to vacate the unnamed alley/street
extending parallel to and on the east side of U. S. Route 113 from a point
at the corner of lands now or formerly of Idetta E. Lynch, tax map number
1-33-17.17 parcel 60.00, and lands now or formerly of Baker's Hardware
Co., Inc., tax map number 1-33-17.17 parcel 61.0, in a southerly direction
a distance of 225 feet to a point at the corner of lands now or formerly
of Baker's Hardware Co., Inc., and lands now or formerly of Thompson &
Thompson, tax map number 1-33-17.17 parcel 62.00 with the town retaining
an easement over the parcel. Motion carried.
- Self Storage - The
committee has met with the applicant and has completed their report. Since
then, however, the applicant has withdrawn his request.
- Christmas Bonus -
Council was informed that each year employees have received a Christmas
bonus from the town. Last year's amount for each employee was $150.00.
Bryan motioned, Thoroughgood second to give town employees a Christmas
bonus in the amount of $150.00 again this year. Motion carried.
- Employee Holiday -
Town employees receive New Years Day as a paid holiday each year. Question
has been asked if the town would consider including December 31" as a paid
holiday this year, as it falls on a Monday. This would be for this year
only. Bryan motioned, Keenan second to give employees December 31 st, New
Years Eve day, as a paid holiday for this year only. Motion carried.
- Impact Fee Increase -
The ordinance regulating impact fees states that the fees will be
increased automatically beginning in January of each year unless a
resolution is adopted by council saying not to increase the fee. This
impact fee increase was written into the ordinance to allow for inflation
costs each year. No action needs to be taken by council if they want the
impact fees to increase as stated in the ordinance. No action taken.
Impact fees will increase as stated in the ordinance.
- Louis Garver questioned
council about the unpaid $3400 grass cutting fee owed by a property owner
that has been on the delinquent bill list for several years. He asked why
it had not been turned over to the courts for legal collection. Town
Manager, Faye Lingo, explained it was too costly to pursue in the court
system at this time but that the town is pursuing the collection of this
delinquent amount.
- Hodges motioned,
Thoroughgood second to recess the Regular Council meeting at 7:50 P.M.,
and to enter into an Executive Session at 8:00 P.M. to discuss legal and
personnel issues.
Respectfully submitted,
Tim P. Hodges Secretary
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