REGULAR COUNCIL MEETING
January 5, 2009
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, Councilpersons John Thoroughgood, Irene Keenan,
Town Manager Faye Lingo, Town Solicitor Tempe B.Steen, Administrative
Assistant Brenda Morris, Development Coordinator Linda Johnson, Finance
Director William Sauer. Absent Councilman John (Jack) Wilkins. Guests see
attached.
PUBLIC HEARING/Peninsula Crossing II - This public hearing was left
open from the December 1, 2008 council meeting. Preston Dyer-Millsboro Towne
Center II, LLC has made an application for annexation for properties that
will extend the original Peninsula Crossing commercial development on US 113
which is the new location of Lowe's and BJ's. This extension is being called
Peninsula Crossing II by the town for clarification purposes. The properties
are described as Sussex County Map #2-33-5.-00 parcels 112.00, 113.00 and
114.00, which is a total of 10.288 acres more or less. These properties,
when and if annexed, would be used to continue the shopping center. He also
informed Council that Millsboro Towne Center II, LLC have settled on the
properties. Mr. Dyer informed council that there will be no additional
entrance from 113 and that the entrance to these properties would be from
Town Center Blvd. They do now have an application in for an adjustment to
the ditch location and town water and sewer would be provided to these
parcels. This property is within the Town's annexation area and earmarked by
the State of Delaware as Level 1 and 2 as appropriate for commercial
development. Property is already zoned for commercial development. They are
asking that these properties be annexed into the town limits and that the
zoning is set as Highway Commercial (HC) District. The annexation committee
for this request met on September 26, 2008. They are recommending that this
property be annexed into the corporate limits of the Town of Millsboro and
that the zoning be set as Highway Commercial. Thoroughgood motioned, Bryan
second to approve the resolution annexing (1) properties now or formerly of
Roger W, and Judith H. Mitchell/Millsboro Towne Center II, L.L.C.,
contiguous to the present southerly limits of the Town of Millsboro, on the
West side of U. S. Route 113 and the east side of Handy Road (County Rd.
337), tax map no. 2-33-5.00-113 and 114, 5.40 acres, more or less; and (2)
property now or formerly of Marie Handy/Millsboro Towne Center II, L.L.C.,
contiguous to the present southerly limits of the Town of Millsboro, on the
west side of U. S. Route 113 and the east side of Handy Road (County Rd.
337), tax map no. 2-33-5.00-112, 5.03 acres, more or less; and an ordinance
amending the zoning map and zoning ordinance of The Town of Millsboro to
include both said territories in the Highway Commercial (HC) District.
Motion approved unanimously with Councilman Jack Wilkins absent.
AUDIT REPORT: Sheldon Forney, of Jefferson, Urian, Doane and Sterner,
reported on the audit for the fiscal year ending June 30, 2008. The town's
liabilities and assets were presented to Council with important areas
reviewed by Mr. Forney. He explained that the Executive Summary found on
pages 3-7 was divided up between water, sewer and governmental activities.
He also explained the comparison between 2007 and 2008 revenues and expenses
found on page 6 of the audit report. He reported the audit shows the town is
in a strong financial state as of 6-30-08. Thoroughgood motioned, Bryan
second to approve and accept the audit report as presented by Jefferson,
Urian, Doane and Sterner for the fiscal year ending June 30, 2008. Motion
approved unanimously with Councilman Jack Wilkins absent.
SECRETARY'S REPORT - Secretary Tim Hodges presented the minutes from
the December 1, 2008 council meeting for Council's approval. Bryan motioned,
Keenan second to approve the minutes from the December 1, 2008 council
meeting as written. Motion approved unanimously with Councilman Jack Wilkins
absent.
TREASURER'S REPORT- Treasurer Michelle Truitt presented the bills and
bank balances to Council for approval. Bryan motioned, Hodges second to pay
the bills from the designated accounts as presented. Motion approved
unanimously with Councilman Jack Wilkins absent.
MILLSBORO FIRE COMPANY - President Ray Burton gave report for the
Millsboro Fire Company. He reported that they have responded to a total of
487 alarms this year. Last year, 2007, they responded to 455 alarms. As of
the end of November the EMS have answered a total of 1,700 calls. Last year.
2007, the number of calls responded to was 1,654. With the growth in
population comes the growing number of calls the Fire Department and EMS
crews are being asked to respond to. At this time there are nine full time
paid employees and several part time. Mr. Burton feels that in 10 years the
town might be looking at the need for a paid fire department. Mr. Burton
introduced the newly elected and installed president Ron O'Neal who will be
reporting to the Council in the future.
CHAMBER OF COMMERCE - No report. STREET REPORT - No report PARKS AND
RECREATION - No report
POLICE REPORT
- Sgt. Lowe, Pfc.
Doughty and Pfc. Forester attended Field Training Officer's course at
the DSPTA.
- The department did
makeup firearms qualification; all officers received their yearly
mandated training.
- Lt. Calloway will be
submitting his end of the year report for CALEA next month for Council's
review.
- The Christmas parade
was held as scheduled with no issues to report. Recruit Rogers is
progressing well in the academy, with no issues to report. Street Report
- No report
- WATER AND SEWER
REPORT - A change order for the MCC 2 Breaker, at the wastewater plant,
in the amount of $5,476.80, was presented to Council for approval. This
was not done at the time of the design as it was not realized that the
breakers that were in the original design would not be able to handle
the current and future load. Bryan motioned, Thoroughgood second to
approve the change order for the MCC 2 Breaker at the wastewater plant
in the amount of $5,476.80 and as presented to council. Motion approved
unanimously with Councilman Jack Wilkins absent.
- An amendment to the
engineering contract for the Wastewater Treatment Facility Phase I
Upgrade, in the amount of $180,000.00, was moved to Executive session
for discussion.
MAYOR'S REPORT
Plantation Lakes - Jim Petruzella, a homeowner in Plantation Lakes and part
of a self appointed leadership committee, came before Council with some
concerns he and other property owners in Plantation Lakes have with the
future of that development. The Home Owners Association is located in
Virginia and there is no representation here in Millsboro. Some of the
concerns were:
1) Builders pulling out.
Only one left at this time is Gemcraft. They are concerned how those
amenities that were promised to them are going to be built. Some of those
are the pool, clubhouse, finished golf course, streets and road signs. The
management is rarely seen or visible.
2) Some homeowners were never told about the Special Tax.
3) There have been no financials listed by Municap since July 2008.
4) Would like to know when the new firehouse and playground/park is going to
be constructed.
5) They would like to know who the actual owner of the undeveloped land is.
They have been told Lennar and US Homes. When they go into the Lennar
computer site Plantation Lakes is not listed as one of their developments.
They were informed by Faye Lingo, Town Manager that the water tank sited for
that development is to have construction begin in the spring.
Annexation Application, Del Pointe - The Town of Millsboro has received an
annexation application for properties described as Sussex County Map No.
1-33-11.00 parcels 5.00, 6.00, 7.00 and 4.00. The intent is to have these
properties annexed into the town limits of Millsboro and set the zoning as
Planned Commercial District and to use the parcels 5.00, 6.00 and 7.00 as a
horse racing facility. Gene Lankford of TP One, LLC and Preston Shell were
present to answer council questions and concerns about this possible
annexation. This is a 367 acre farm contract located east of 113 and north
of Millsboro. They are looking to build a one mile harness racing tract with
grandstand. A Great Wolf Lodge with an indoor water park is anticipated to
be part of Phase I as well. Phase II could include a possible shopping
center. There are no plans to develop parcel 4.00 at this time. Council was
informed they have secured a license from the Standard Bred Harness Racing
Commission. The public would be able to place bets on simulcast video
lottery terminals. There is some possible future development with the
University of Delaware. If a casino is established there it could possibly
create 645 jobs. They would like to be racing by August but feel that is not
very optimistic. The Video Lottery Terminals would be located on the second
floor of the grandstand. Town Solicitor, Tempe Steen, questioned what made
this property contiguous to the town limits of Millsboro. The J.G. Townsend
Jr. & Co. property, parcel 4.0 which is next to this property, is also
asking for annexation into the town limits. If the Townsend property is
annexed it would make the Chesapeake Tract, LLC property contiguous to the
town limits. The Townsend property is being surveyed at this time. Tempe
Steen also advised council that these two requests for annexation should be
treated as two separate annexations. Mayor Gum appointed Councilman Robert
Bryan/Chairman, Tim Hodges and Irene Keenan to a committee to study these
annexation requests and bring back their recommendations to the council.
Memorandum of Understanding- Sussex County Council is offering a Memorandum
of Understanding to each municipality for consideration. This is a statement
of cooperation and communication between the county and town regarding land
use planning near their corporate boundaries. After some discussion it was
Council's decision that this request be studied in more detail and brought
back to February's Council meeting for further discussion.
Comprehensive Map Amendment - A resolution that will amend the annexation
area in the current comprehensive plan was presented to Council for approval
to go to public hearing. Thoroughgood motioned, Bryan second to approve the
resolution proposing that a public hearing be held on Monday, February 2,
2009, on the subject of amending the Comprehensive Plan for The Town of
Millsboro dated May 17, 2004, amending Map #7, "Future Land Uses" and Map
#8, "Annexation Area" to expand the annexation area for the town and to
designate proposed future land uses for certain properties be included in
the annexation area: tax map parcel numbers 1-33-11-3.00; 4.00, 5.00, 6.00
and 7.00; 133-15-30.00, 30.01; and 1-33-16-75.00 and 75.03. Motion approved
unanimously with Councilman Jack Wilkins absent.
Zoning, Planned Commercial District - A resolution that would clarify
references to "PCD" rather than "PC" was presented to Council for approval
to go to public hearing. Hodges motioned, Thoroughgood second to approve the
resolution proposing that a public hearing be held on Monday, February 2,
2009, on the subject of amending the zoning ordinance of The Town of
Millsboro, Chapter 210, "Zoning", Article IV, District Regulations,
subsection 210-21, "Planned Commercial (PC) District" to change the title to
"PCD" District, by adding a "D" to the designation so that the title shall
read, "Subsection 210-21. Planned Commercial (PCD) District. Motion approved
unanimously with Councilman Jack Wilkins absent.
Zoning Administration and Amendments Procedures - A resolution that would
add the "PCD" and LSCOD" (Large Scale Commercial Overlay District) to the
site plan review requirements and amendment process was presented to Council
for approval to go to public hearing. Hodges motioned, Thoroughgood second
to approve the resolution proposing that a public hearing be held on Monday,
February 2, 2009, on the subject of amending the zoning ordinance of The
Town of Millsboro, Chapter 210, Zoning, Article XI, District Changes and
Amendments, subsection 210-70, Amendments, subsection H, "Procedure for RPC
District, by adding to the end of the title, "PCD District and LSCOD
District" and including the said districts in the review procedures. Motion
approved unanimously with Councilman Jack Wilkins absent.
Zoning Administration and Enforcement - Hodges motioned, Thoroughgood second
to approve the resolution proposing that a public hearing be held on Monday,
February 2, 2009, on the subject of amending the Zoning Ordinance of The
Town of Millsboro, Chapter 210, Zoning, (1) Article IX, Administration and
Enforcement, subsection 2106b, "Building Permit and Site Plan Review
Procedures", subsection D and subsection D(1), by adding PCD and LSCOD
Districts; and (2) Article XI, District Changes and amendments, subsection
210-70, Amendments, subsection H, Procedure for RPC District, by adding to
the end of the title, "PCD District and LSCOD District" and including the
said districts in the review procedures. Motion approved unanimously with
Councilman Jack Wilkins absent.
Zoning, Large Scale Commercial District - A resolution was presented to
Council that would add a new zoning classification which would go over an
existing commercial zoning district that has been under study by the town
council. Bryan motioned, Hodges second to approve the resolution proposing
that a public hearing be held on Monday, February 2, 2009, on the subject of
amending Chapter 210, Zoning, Article IV, District Regulations, by adding a
new section to be designated subsection 210-24, "Large Scale Commercial
Overlay (LSCOD) District" and providing regulations therefore. Motion
approved unanimously with Councilman Jack Wilkins absent.
Zoning, Planned Commercial District - A resolution was presented to Council
that would amend the Planned Commercial District (PCD) to include additional
permitted uses, including conditional uses such as horseracing facilities.
Town Solicitor, Tempe Steen, brought to Council's attention that there were
no time limitations placed on the conditional uses listed in this resolution
and felt that this needed to be deferred until February's meeting after
Council has had a chance to further review this resolution.
Zoning, Exemption for Municipal Functions - A resolution was presented to
Council that would amend zoning code 210-5 by adding exemption for municipal
functions. Hodges motioned, Truitt second to approve the resolution
proposing that a public hearing be held on Monday, February 2, 2009, on the
subject of amending the Zoning Ordinance of The Town of Millsboro, Chapter
210, Zoning, Article 1, Title and Purpose, subsection 210-5, Uses Not
Expressly Permitted, by clarifying that government functions are not subject
to the provisions of this chapter. Motion approved unanimously with
Councilman Jack Wilkins absent.
Sussex County Board of Adjustment Notice - Sussex County Planning and Zoning
Board of Adjustment has scheduled a public hearing on January 22, 2009 to
discuss amending their comprehensive plan to change a property on Route 24,
east of Millsboro from AR-1 to CR-l. This property is located outside the
town limits and is owned by Nicholas and Joann T. Varrato. Council was asked
if they wished to make comment to the county on this change but council
consensus was not to make comment.
Bryan motioned, Thoroughgood second to recess the Regular Council meeting at
8:30 PM and to enter into an Executive Session at 8:40 PM to discuss legal
and personnel issues.
Respectfully submitted,
Tim P. Hodges Secretary
REGULAR SESSION - MILLSBORO TOWN COUNCIL
JANUARY 5, 2009
9:10 pm meeting called to order with Mayor Larry D. Gum presiding. Present
Vice Mayor Robert Bryan, Secretary Tim Hodges, Treasurer Michelle Truitt,
Council persons John Thoroughgood, Irene Keenan, Town Solicitor Temp B.
Steen and Town Manager Faye Lingo. Absent was council person John Wilkins.
Hodges motion, Thoroughgood second to proceed as directed in executive
session, approved unanimously with Wilkins absent.
Bryan motion, Truitt second to adjourn at 9:11 pm, approved unanimously with
Wilkins absent.
Respectfully submitted,
Tim P. Hodges, Secretary |
