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PUBLIC HEARING - BORROWING OF MONEY FORWATER/WASTEWATER PROJECTS
JULY 18, 2007

Mayor Larry Gum called the Public Hearing to order at 7:00 P.M. This hearing is being held to discuss the water and wastewater facilities and the borrowing of money to do these projects. Those present from the Town Council were Mayor Larry Gum, ViceMayor Robert Bryan, Secretary Tim Hodges, Treasurer Michelle Truitt, council members John Thoroughgood, John (Jack) Wilkins, Irene Keenan, Town Solicitor Tempe B. Steen, Town Manager Faye L. Lingo, Administrative Assistant Brenda Morris, Finance Director William Sauer, Water/Sewer Supervisor Kenny Niblett, Tim Frey of Saul Ewing, LLP/Bond Council, Lester B. Guthorn of Public Advisory Consultants/Financial Advisor Mark Downes and Carrie A. DeSimone from CABE Associates, Inc.

Mayor Gum introduced those at the head table and then turned the meeting over to Mark Downes and Carrie A. DeSimone from CABE Associates, Inc., the town's engineering firm. Mr. Downes informed those present a number of circumstances in the past several years have demonstrated the need for major upgrades to both the water and wastewater systems in order to meet certain state requirements. A Total Maximum Daily Load (TMDL) program has been set for the Indian River and Bay that no longer allows nutrients to enter the waterways by direct discharge. The new TMDL now requires the Town to stop discharging treated wastewater into the Indian River. Due to and increase in request to annex or bring land into the Town limits water and sewer system upgrades must therefore be designed to serve existing users as well as the increased demands created by future growth. Also, in 2005, groundwater from Wells No. I and 2 were found to have high levels of trichloroethylene (TCE). The Town has installed carbon filters to make the water safe for drinking, but they are not a cost effective, long-term solution. New, deeper wells and a water treatment plant are needed to replace Wells No. I and 2. The Town with the assistance from financial advisors, bond council, the Town attorney, the Town engineer and State and Federal Agencies has developed a financing package.

The primary purpose of the water system project will be to replace Wells No. 1 and 2. The planned improvements include installing two new deep wells drilled to groundwater unaffected by the contamination, and constructing a new water treatment plant. The Town's water system capacity will be increased to approximately 2.16 million gallons per day (MGD), which will service the Town for at least the next 15 years. The estimated total cost of these improvements is approximately $1.9 million.

The primary purpose of the wastewater system project is to eliminate the current discharge of treated wastewater into the Tiger Branch tributary of the Indian River. The Council has explored several disposal options which were found to be infeasible and/or have not been approved by regulatory agencies. The Town has been left with no choice other than to move forward with a spray irrigation disposal system. This will require the purchase of a 500 acre tract of land, a transmission line from the treatment plant to the disposal site, a holding pond and a spray irrigation system. The completed project will have a capacity of 1.15 MGD, with the capability for future expansions of up to 3.0 MGD. The estimated total cost for the L 15 MGD improvements is $40.35 million, which is expected to handle the Town's projected wastewater flow for 6 to 10 years. The 3.0 MGD capacity will handle wastewater flow past the year 2028.

Carrie A. DeSimone, CABE Associates Inc., explained the projected financing plan. The Council has scheduled a new referendum, to be held August 25, 2007, seeking Town approval to borrow up to $36 million to pay for the water and wastewater improvements. As part of these projects is needed by current Town residents, and the remainder is for future growth, the town has directed the Town engineer, CABE Associates, Inc. to develop a debt repayment plan that will equitably distribute the cost between existing and future users, and developers. They have recommended adopting a new utility rate structure beginning in 2008. It is expected that the sewer user fee will increase from $0.45 per 100 gallons to $0.60 per 100 gallons, and the water user fee will increase from $0.25 to $0.30 per 100 gallons. The water/sewer component of the annexation fee will increase from $4,400 per acre to $7,500 per acre; and the sewer impact fee for new construction will increase from $2,000 per equivalent dwelling unit (EDU) to $4,500 per EDU. Both of these fees will be collected from developers.

Mayor Gum asked for comments or questions from the public. Louis Garver asked why the deep-well injection plan had been abandoned. He was informed that the soil samples taken were not suitable at the 2500-3000 ft. range and the town was told they would have to drill deeper, up to a possible 5000 ft. The cost would have been much higher than what the town was trying to save.

Other concerns were interest rates for loans, reassessment of properties and who was paying for and overseeing the clean up of the TCE problem. The public was assured that the state is overseeing the investigation of the TCE contamination site and the town is being reimbursed the cost of the filters that have been installed to our water system. Someone asked if the cost of the 500 acres needed for the spray irrigation was included in the borrowing amount being asked for. They were told that it is and the town is in negotiations at this time with the owner of the property.
Mayor Gum closed the Public Hearing at 7:50 P.M. and opened a special session to set the referendum and appoint the Board of Election for the special election. The proposed Board of Election for the August 25, 2007 Special Election was presented to Council for approval. Sandi Brigandi and Reggie Brittingham were proposed for Judges with Brenda Morris for Inspector. Bryan motioned, Wilkins second to accept and approve the Board of Election for the August 25, 2007 as Sandi Brigandi, Reggie Brittingham as Judges and Brenda Morris as Inspector, motion carried.

Thoroughgood motioned, Wilkins second to authorize a resolution for the issuance of up to $36,000,000 maximum principal amount of general obligation bonds in order to finance the capital improvement program to be undertaken by the Town of Millsboro, including various capital projects and improvements, modifications, upgrades and expansion of the Town of Millsboro's water and wastewater facilities, lines and systems and to set the date for a Special Election to either approve or deny the town's borrowing of up to $36,000,000 for August 25, 2007, 1:00 PM to 7:00 PM, in Town Council Chambers. Motion carried. Wilkins motioned, Bryan seconded to adjourn the special meeting at 7:55 P.M.

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