REGULAR COUNCIL MEETING
June 4, 2007
7:00 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.
PUBLIC HEARING/Millsboro Auto Mart
- Mayor Brady opened the public hearing to
hear comments on the annexation request and zoning of property owned by
Millsboro Auto Mart on US 113, south of Oak Drive, to be zoned Highway
Commercial, 1-3316.00 parcel 150. The Town has received the necessary
comments from the State and from Sussex County to allow the town to proceed.
No comments were heard at this time and the hearing was left open until
later in the meeting.
MILLSBORO GARDEN CLUB
- Marjorie Lewis, representing the newly created
Millsboro Garden Club, presented to Council plans they would like to
implement to enhance the streetscape of Millsboro by planting seasonally
appropriate beds and planters. The areas they are considering are the
planters currently in place on Main street; six new 36 inch long planters to
be placed on the guardrails of the Rt. 24 bridge between Millsboro Pond and
the Indian River; underneath the sign at the end of the Dairy Queen lot and
several areas in Cupola Park. Planters would be planted seasonally, four
times a year, with appropriate plant materials. All plant materials,
planting media, watering, weeding will be provided by the Millsboro Garden
Club. They are hoping to also offer quarterly educational programs open to
the public. Membership will be open to anyone who wishes to be involved.
They would like to invite the Town and the Chamber to sit down with them and
help write a grant proposal to obtain funding for attractive planters.
The consensus of Council was for the Garden Club to go ahead with plans and
to work with the Chamber. Council asked for periodic updates from the Garden
Club as to what is being done.
SECRETARY'S REPORT - Secretary Irene Keenan presented the minutes from the
May 7, 2007 council meeting for Council's approval. Keenan motioned, Bryan
second to approve the minutes from the May 7, 2007 council meeting as
written. Motion carried.
TREASURER'S REPORT
- Treasurer Robert Bryan presented the bills and bank
balances to Council for approval. Gum motioned, Wilkins second to pay the
bills from the designated accounts as presented. Motion carried.
Faye Lingo, Town Manager, reviewed the Budget for the FY ending June 30,
2007. She informed Council and those present that the tax and water/sewer
rates would not be increased this year. The only increase is in the public
hearing fees from $500.00 to $600.00. She also informed Council that the
building construction permits for new construction will in the future be
figured on square footage instead of the estimated cost of improvements. The
town engineers are still studying the impact fee schedule and will be making
a recommendation, hopefully by July's meeting, however, the town did not
have it in time for the budget so it is still unchanged. Thoroughgood
motioned, Bryan second to officially approve and adopt the budget for the FY
ending June 30, 2007 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 38 alarms. The total number of alarms responded to at the end of May is
190. The Emergency Medical responded to 554 at the end of May. Last year the
number responded to at the end of May was 552.
CHAMBER OF COMMERCE - Fran Bruce, Chamber of Commerce Director, presented to
Council the new tourism publication for the Millsboro area, "A Treasure
Worth Finding". This publication was a collaboration between Chamber, Town
and the State Tourism Office. She also informed Council that the Chamber did
receive a state grant to use to produce a 60 second video highlighting the
Nanticoke Indian Pow-Wow. This will be aired on Comcast channels in
July-August-September. Ms. Bruce also commented on how wonderful it has been
working with Mayor Brady. This will be the last meeting for Joseph Brady as
Mayor and council member. He is not seeking reelection this year. The
Chamber has appreciated the Mayor's support in their efforts to work
together to enhance the town.
STREET REPORT
- No Report
PARKS AND RECREATION
- No Report
POLICE REPORT:
- On May 3`d, Pfc. Berrios attended Youth Crimes at the DSP
Academy.
- On May 4`h, Pfc. Doughty and Pfc. Lowe attended a MADD ceremony at the
Sheraton in Dover. They received their first year pins for excellence in DUI
enforcement.
- Det. Lowe attended a week long training course in Lewes which related to
interviewing children.
- On May 8th Cpl. Legates attended the Internal Affairs Investigations course
at the DSP Academy.
- On May 23`d Det. Lowe attended Internet Navigation also at the DSP Academy.
- Homeland security threat level remains at yellow or elevated. There have
been several terrorist related incidents over the past month, but none of
these incidents involved a terrorist nexus related to the Town of Millsboro
or the State of Delaware.
- The newest officers to graduate from the DSP Academy and join the Millsboro
Police Force were introduced to council. They are Ptm. David Ober, Ptm. Paul
Lyons and Ptm. Charle (Chad) Morris.
- DELDOT should be wrapping up the US 113 and SR 24 intersection later this
week.
- The Department participated in the Click It or Ticket Initiative. 193
tickets were issued for seat belt violations and five tickets were issued
for other violations.
- An education reimbursement request was received from Cpl. Barry Wheatley for
$322.75. The class he took was previously approved and he has submitted
proof of passing grades. Thoroughgood motioned, Bryan second to approve
reimbursing Cpl. Wheatley $322.75 for the educational class he took and
passed. Motion carried.
WATER/SEWER REPORT
- Millwood/Robino is requesting to have an irrigation well
at the development on Mitchell St. The Town has not allowed wells in town in
the past with the exception of Plantation Lakes because the well existed
when it was annexed into town and that well is to be turned over to the town
and metered. They then pay the town for the water used; all of which is
outlined in their development agreement. The Millwood well is after the fact
and is not included in the development agreement. After some discussion the
Mayor appointed John Thoroughgood, Chairman, Jack Wilkins and Larry Gum to
review this request and bring before the Council at July's Council meeting.
A Change Order No. I for the 2006 Wastewater Treatment Improvements,
Contract C, was presented to Council for approval. The Change Order
increases the contract amount by $77,937.15 and increases the contract time
by 20 calendar days. The total adjusted contract price is $8,017,687.15. The
adjusted contract deadlines are 420 days to
substantial completion and 455 days to final completion. Bryan motioned, Gum
second to approve the request for Change Order No. I as presented to
Council. Motion carried.
Council was presented for review and approval a revised Construction
Agreement by Delmarva Power for the 69 kV transmission line relocation
proposed at the Town of Millsboro's wastewater treatment facility. Tempe
Steen, Town Solicitor, has reviewed the original contract and CABE Assoc.
relayed her concerns to Delmarva Power with some of the content of the
contract. The revised agreement included a transmittal letter by Delmarva
power with replies to comments forwarded to them by letter from CABE Assoc.
dated April 26, 2007. The cost of moving the line will be $436,000 and they
would like their money by July 6'" in order to keep everything on schedule.
CABE Assoc. is recommending that Council approve the Construction Agreement
and remit payment 1 in the amount of $436,000 by July 6, 2007. Thoroughgood
motioned, Bryan second to approve the Construction Agreement by Delmarva
Power for the 69 kV transmission line relocation and to send payment of
$436,000 by July 6, 2007 as requested. Motion carried.
Faye Lingo, Town Manager, informed Council that a date has not been locked
in as of yet for the referendum for funding for the additional improvements
for the water and wastewater plants.
MAYOR'S REPORT:
The Town received a letter from Mr. Timothy A. Frey, of Saul Ewing LLP,
informing them he has been employed as bond counsel for the Town of
Millsboro and also represents the State in the loan closings for the State
Revolving Fund. He has informed the State of this and is expecting that the
State will waive any potential conflict in their representation of DHSS in
the State Revolving Fund financing the Town has applied for. They are asking
for the Town to agree to waive such a potential conflict also. Tempe Steen,
Town Solicitor, recommended that the town agreement to a waiver of conflict
would be in the Town's best interest. Gum motioned, Bryan second to have the
town sign off on a waiver of conflict with Timothy A. Frey. Motion carried.
Homestead made a presentation at last month's Council meeting explaining how
sections are transferred to the builders and this requires an amendment to
the site plan originally approved by Council. The site plan amendment would
allow the builder (Anderson Homes) to purchase the land so they could begin
building. This is necessary due to Delaware state law ruling Condominiums.
Nothing on the basic plan will change; it just allows the building to go
forward. Gum motioned, Wilkins second to accept and approve an amended site
plan for Homestead 1. Motion carried.
GKHP Enterprises, LLC, Dairy Queen, is asking for a conditional use renewal
for a weekly Cruise-In to be held on the neighboring property owned by the
United States Postal Service. They are asking for permission to continue for
another year. Bryan motioned, Thoroughgood second to approve a conditional
use for a "Cruise-In" on part of
the lands of the United States Postal Service, located between Main and
Washington Streets, 1-33-17.13-143.1, for one year with the same conditions
an in the past. Motion carried.
Millsboro Auto Mart
- No further comments were heard on the annexation
request by Millsboro Auto Mart. Gum motioned, Bryan second to close the
public hearing. Gum motioned, Wilkins second to approve the annexation of
property owned by Millsboro Auto Mart, 1-33-16.00 parcel 150 and to set the
zoning as Highway Commercial. Motion carried.
Special Development District Update - Plantation Lakes has asked permission
to delay their fourth payment of $990,045.50 that was due June 1, 2007 until
after the bond closing, July 1, 2007. Since Council approved the schedule of
payment it requires Council's approval for the delay. Thoroughgood motioned,
Bryan second to extend the payment date for the Plantation Lakes fourth
payment of $990,045.50 for one month as asked to July 1, 2007. Motion
carried.
Election - The municipal election will take place Saturday, June 9, 2007, 1
pm- 7 pm in the Council Chambers. The candidates are Stewart Gray and Tim P.
Hodges. All districts are allowed to vote. Voters must be 18 years of age
and a resident of the Town of Millsboro.
Election Appointments - Bryan motioned, Gum second to appoint Thelma Monroe,
Sandi Brigandi as judges and Brenda Morris as inspector for the June 9, 2007
Municipal Election. Motion carried.
Bond Closing
- Tempe Steen, Town Solicitor, informed Council that the bond
closing will be Tuesday, June 12, 2007.
Gum motioned, Wilkins second to adjourn the Regular Council meeting at 7:35
P.M. Motion carried.
|
