REGULAR COUNCIL MEETING
June 1, 2009
7:00 P.M. meeting called to order in the Council Chambers, Mayor Larry Gum
presiding. Present were Vice-Mayor Robert Bryan, 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. Absent Secretary Tim Hodges. Guests
see attached. One council seat vacant.
PUBLIC HEARING -TND-Traditional Neighborhood District
Mayor Gum opened a Public Hearing to hear comments on a pending ordinance
that would amend the town zoning by adding a new section, the
TND(Traditional Neighborhood District). This will be a mixed use residential
district and will allow development consistent with design principles of
traditional neighborhoods. Uses allowed in a TND zoning could include
residential, commercial, civic and open space uses in close proximity to one
another in the neighborhood. Jim Petruzella of Plantation Lakes questioned
Council where this might be used. Town Solicitor Tempe Steen informed him
that at this time there was not anywhere within the town that this zoning is
being used or asked for. If anyone would like this zoning on a parcel they
will have to make a zoning change request. Hearing no further comments the
hearing was left open until later in the meeting.
PUBLIC HEARING-PCD-PLANNED COMMERCIAL DISTRICT
Mayor Gum opened a Public Hearing to hear comments on a pending ordinance
that would amend the town zoning, PCD(Planned Commercial District), by
adding additional permitted residential and mixed residential commercial
uses, golf courses, country clubs, horseracing facilities, swimming pools,
convention centers, amusement parks, sports arenas, colleges, universities
and research facilities. Some of the changes that were introduced last month
and included in the revised zoning code were the addition of Video Lottery
Terminal lounges, casino as defined in the Delaware Code, height limits and
Traditional Neighborhood District. Hearing no comments the hearing was left
open until later in the meeting.
PUBLIC HEARING-COMPREHENSIVE PLAN
Mayor Gum opened a Public Hearing to hear comments on the resolution to
adopt the revised and amended Town of Millsboro Comprehensive Plan. Kyle
Bronson, of URS, reported to Council and those in attendance that the
updated 2009 Comprehensive Plan is ready for adoption by the town. After the
town council approves to adopt the revised and amended plan it will be sent
to the state for certification. All of the maps have been updated and the
state did make some comments that were addressed. The state suggested that
the town add and include agriculture preservation areas; agriculture
business in the industrial zone and farmers market locations in the five
year plan update. Marie LaRocca, of Plantation Lakes, asked when the 2009
Comprehensive Plan would be available to the public. She was informed by
Town Solicitor, Tempe Steen that it would not be available to the public
until it has received state certification and that the time line for that
was not know at this time. After hearing no further comments the public
hearing was left open until later in the meeting.
PUBLIC HEARING-ANNEXATION J.G. TOWNSEND JR. & COMPANY Mayor Gum opened a
Public Hearing to hear comments on a resolution to consider the possibility
of annexing properties of J.G. Townsend Jr. & Company and amending the
zoning map and ordinance of the town to include 30 acres in the Highway
Commercial District and 50 acres in the High Density Residential District.
This property borders the northerly limits of the Town of Millsboro. Hearing
no comments Mayor Gum left this public hearing open until later in the
meeting. Council was informed by Town Manager Faye Lingo that they could not
vote to annex this property into the town limits until they had voted on and
adopted the revised Comprehensive Plan later in the meeting.
PUBLIC HEARING-ANNEXATION CHESAPEAKE TRACT, LLC
Mayor Gum opened a Public Hearing to hear comments on a resolution to
consider the possibility of annexing properties of Chesapeake Tract, LLC and
amending the zoning map and ordinance of the town to include these parcels
in the Planned Commercial (PCD) District. Council was informed by Town
Manager Faye Lingo that they could not vote to annex this property into the
town limits until they had voted on and adopted the revised Comprehensive
Plan; annexed the Townsend property into the town limits; which will then
make the Chesapeake Tract, LLC contiguous to the town; approved the addition
of the Traditional Neighborhood (TND) District zoning and the Planned
Commercial (PCD) District as revised and with the additional conditional
uses. There were 76 petitions presented to Council in favor of this
annexation and zoning. Hearing no further comments Mayor Gum left this
public hearing open until later in the meeting.
PUBLIC HEARING-AMENDING HIGHWAY COMMERCIAL (HCD) DISTRICT Mayor Gum opened a
Public Hearing to hear comments on a resolution to amend the Highway
Commercial (HCD) District zoning ordinance of the Town of Millsboro by
adding a new Subsection (26) to provide for business, personal, retail,
social and research service establishments. This is to clean up the existing
ordinance and add items that are common in today's business world. Hearing
no comments Mayor Gum left this public hearing open until later in the
meeting.
SECRETARY'S REPORT - In the absence of Secretary Tim Hodges, Mayor Gum
presented the minutes from the May 4, 2009 council meeting for Council's
approval. Thoroughgood motioned, Bryan second to approve the minutes from
the May 4, 2009 council meeting as written. Motion carried with Secretary
Tim Hodges absent.
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 with
Secretary Tim Hodges absent.
The final draft of the 2009 Town Budget was presented to Council for
adoption. Council has been able to balance the budget without any fee
increases this year for a total of $3,901,493. Council was informed by Town
Manager Faye Lingo that the two items they had discussed at the budget
meeting have been added. Bryan motioned, Truitt second to adopt the 2009
town budget as presented with the two additional items added. Motion carried
with Secretary Tim Hodges absent.
MILLSBORO FIRE COMPANY -No Report
CHAMBER OF COMMERCE - Fran Bruce, Millsboro Chamber of Commerce Director,
reported several upcoming events are planned for this summer. The Chamber of
Commerce Yard Sale will take place June 6, 2009. They have had a good
response to requests for tables that day. The 2009 Chamber Scholarship was
presented to James Phillip Showell from Sussex Central High School. The
Sunday Concerts in the Park are continuing and being enjoyed by many who
attend. The next concert on June 7th will have All For Him in concert. On
June 14t' the Jones Brothers will perform. Both of these groups are being
sponsored by Daisey Well Drilling. The Chamber is once again helping to plan
a 4th of July parade. The parade route starts at St. Marks Church on State
Street and ends at Cupola Park. This is for children 12 and under who
decorate their bikes, wagons and themselves for the 4th of July. No
motorized vehicles are allowed. This was enjoyed by all who attended last
year. Big Thursday is fast approaching and plans are underway for a
successful festival. As in the past there will be lots of good
entertainment, food and an auction held on Thursday evening. Ms. Bruce
reported that the Chamber office is in the process of becoming a Green
Office and the newsletter will be going on the website to help with this
process.
STREET REPORT - DELDOT - Council was informed of a public workshop that will
be held on June 8, 2009 from 4:00 pm - 7:00 pm at the Millsboro Fire House
to discuss road work planned in town between Sussex Alley to Old Landing
Road on State Street. The proposed improvements may include (but are not
limited to): pavement resurfacing, curb and sidewalk reconstruction and
utility pole relocation along Iron Branch Road/State Street.
PARKS AND RECREATION - No Report
POLICE REPORT -Cpl Wheatley and Pfc. Ober took Narcotics investigations at
the Bethany Beach Police Department. This was a two week course sponsored by
the DEA.
On May 7th Pfc. Lowe took Youth Crimes at the DSPTA.
On May 13th Sgt. Lowe and Pfc. Lowe took Auto Theft Investigations at the
DSPTA. Recruit Rogers in still in field training status with no issues to
report.
Currently the "Park Regulations" sign in Cupola Park bans drinking. Chief
Murphy informed Council that to his knowledge this is the only form of
prohibiting drinking in the park. Unfortunately, this regulation is not a
state law or town ordinance so the Police Dept. has no way of taking
enforcement action. They have been using Trespassing 3rd in Delaware code
with limited success. Chief Murphy suggested that Council develop and
implement an ordinance that the Police Dept. could enter into the system so
that enforcement action can be taken. He also suggested it might be
worthwhile to review any other issues regarding updating some of the other
park regulations to actual ordinances. Town Solicitor, Tempe Steen, is to do
some research on this matter and report back to Council with her findings.
Chief Murphy presented four grant requests to Council for approval:
Sussex County Revenue Sharing - Currently there is $3,580.07 in this grant.
Chief Murphy requested permission to send two officers (Murphy and Berrios)
to motor training at a cost of $3,465.94. This covers the cost of the
training, all per diem and equipment. The grant coordinator advised the
Chief that this is an allowable expense. The training is from June 14th
until June 2e at the North Carolina State Police Training facility that we
have used in the past. No funds have been expended pending council approval.
Bulletproof Vest Partnership Grant - The Police Dept. has applied for the
maximum allowable funding for an agency their size. If this grant is
approved we would receive $3,215.00 to either purchase new vests or offset
purchases that have already been made. No funds have been expended, waiting
for grant approval from BVP and Council approval.
SLEAF Grant - Chief Murphy has requested funding to purchase two in car
camera systems to replace old VHS systems currently in use. On May 12th,
2009 this request was approved for $12,175.75. This will cover the cost of
purchasing and installing two new systems. No funds have been expended
pending Council approval.
SALLE - Chief Murphy requested permission to use funds from this grant to
purchase a new ID machine. The printer they are currently using is no longer
serviceable; the software is also antiquated and cannot be updated to work
with Microsoft Vista. He has received a quote of $1,400.00 for a new machine
from Card Imaging for a printer along with Vista compatible software and 250
blank cards. Currently the Roxanna Fire Company uses a machine similar to
the one he is proposing. Cpl. Wheatley used the machine and made several
cards and reported that the machine and software worked very well and made a
professional looking card. The department would also use this equipment to
make cards for the maintenance department and the Millsboro Vol. Fire
Company if they needed them made. No funds have been expended for this line
pending council approval.
Thoroughgood motioned, Bryan second to approve the four grant expenditures
as presented by Chief Murphy. Motion carried with Secretary Tim Hodges
absent.
WATER AND SEWER REPORT
Water Plant Improvements - 33.15% of time has elapsed and 14.98% of the work
is completed to date on the water plant. Notice to proceed was January 20,
2009 and 279 days remain until final completion date of February 24, 2010.
Sewer Plant Construction - The Town is currently retaining $491,692.23 for
Contract C. This amount is 5% of total work completed as specified in the
contract documents. Bearing Construction has submitted a request for payment
for $391,692.23 of the retainage amount. This would reduce the retainage
amount to $100,000. The Town has taken use of the Contract C facilities. The
committee has met with the contractors and CABE has reviewed the request.
CABE recommends that the retainage amount be reduced to $200,000. There are
modifications to the centrifuge and punch list items that Bearing must
complete. CABE expects that the $200,000 retainage amount is sufficient to
"cover" any outstanding work. CABE has discussed this figure ($200,000) with
Bearing and they find this amount acceptable. Thoroughgood motioned and
Bryan second to approve the reduction of the Contract C retainage to
$200,000 per CABE's advisement. Motion carried with Secretary Hodges absent.
MAYOR'S REPORT
Comprehensive Plan Public Hearing - Mayor Gum closed this public hearing
after hearing no further comments. Bryan motioned, Thoroughgood second to
approve the ordinance to adopt the revised and amended 2009 update to the
2004 Town of Millsboro Comprehensive Plan as presented with an effective
date to be when the state certifies the Comprehensive Plan. Motion carried
with Secretary Hodges absent.
Traditional Neighborhood Development (TND) District Public Hearing -
Mayor Gum closed this public hearing after hearing no further comments. Town
Solicitor, Tempe Steen, informed Council that she will be doing further
study on this zoning ordinance and that this was just the first step in the
process of developing this zoning ordinance. Bryan motioned, Truitt second
to approve the ordinance amending the zoning ordinance of The Town of
Millsboro, chapter 210, Zoning, Article IV, District Regulations, by adding
a new section "210-25" Traditional Neighborhood Development (TND) District
and regulations as presented. Motion carried with Secretary Hodges absent.
Planned Commercial District Public Hearing - Hearing no further comments
Mayor Gum closed this public hearing. Some noted changes to this zoning
include the addition of Video Lottery Terminal lounges; casino as defined in
the Delaware Code and height limits shall not exceed eighty-five feet (85')
in the PCD District for any conditional use. Bryan motioned, Truitt second
to approve the ordinance amending the Zoning Ordinance of the Town of
Millsboro, Sussex County, Delaware, Chapter 210, Zoning, Article IV,
District Regulations, adding additional permitted uses, conditional uses and
regulations including residential and mixed residential-commercial uses,
golf courses, country clubs, horseracing facilities, swimming pools,
convention centers, amusement parks, sports arenas, colleges, universities,
and research facilities to the "Planned Commercial (PCD) District". Motion
carried with Secretary Hodges absent.
J.G. Townsend Jr. & Company Annex. Public Hearing - After hearing no further
comments Mayor Gum closed this public hearing. It was noted that the
committee report, which was included in the Council packet, found that the
only disadvantage currently to the Town with this annexation request and
proposed residential zoning, if developed currently, is the lack of a
current market for additional commercial or residential development.
However, Townsend represented that it is not prepared to develop the
property in the near future. Thus, the property would remain wooded open
space and serve as buffer on the northerly boundary of the Town. Bryan
motioned, Thoroughgood second to approve the annexation of property now or
formerly of J.G. Townsend Jr. & Company, contiguous to the present northerly
limits of The Town of Millsboro, on the east side of U.S. Route 113,
easterly part of tax map #1-33-11.00-4.00, 80 acres more or less and
amending the zoning map and zoning ordinance of The Town of Millsboro to
include 30 acres of said territory which are parallel to and easterly of
U.S. Route 113 as a Highway Commercial (HC) District and the remaining
easterly 50 acres as a High Density Residential (HR) District, with the
effective date of the annexation to be the certification date of the revised
and amended 2009 update to the 2004 Town of Millsboro Comprehensive Plan by
the State of Delaware. Motion carried with Councilperson Keenan abstaining
due to possible conflict, as she works for a realtor. Vote taken: Gum aye,
Bryan aye, Truitt aye, Thoroughgood aye, Keenan abstain, with Secretary
Hodges absent.
Chesapeake Tract, LLC Annex. Public Hearing - After further discussion and
the presentation of 76 petitions in favor of the annexation of this property
from Jim Petruzella of Plantation Lakes Mayor Gum closed this public
hearing. Bryan motioned, Truitt second to approve the resolution annexing
properties now or formerly of Chesapeake Tract LLC, contiguous to lands of
J.G. Townsend Jr. & Company, also applying for annexation into the town and
which are contiguous to the present northerly limits of The Town of
Millsboro, on the east side of U.S. Route 113, tax map nos. 1-3311.00-5.00,
6.00 and 7.00, 420 acres, more or less; be and are hereby annexed into The
Town of Millsboro, with an effective date of the certification of the 2009
update to the Town of Millsboro Comprehensive Plan and subject to the
following:
1. All professional fees
including but not limited to legal and engineering fees expended by the
Town in reviewing the application for the project shall be reimbursed to
the Town within 60 days of the date of this resolution.
2. The annexation fee of $3,987,529, or as subsequently modified, shall
be paid within 60 days of the date of this resolution.
3. An annexation agreement acceptable to the Town and Applicant be
executed.
4. The applicant shall proceed promptly with the submission of its
preliminary plans for Phase LA to the Town for subdivision and land
development review pursuant to Chapter 178.
5. The Project shall be developed in phases represented to the Town and
shown on Conceptional Master Plan 3.A dated February 9, 2009, using a
rustic theme for aesthetes, as follows:
1. A. Race Track
1. B Grandstand and paddock
2. A. Family resort destination hotel and recreational activities
2. B. Racing hotel Future Phases. Commercial and residential
development on the northerly portion of the project; advanced
education or other public services on the southern end of the
project.
6. The application for the
building permit for Phase 2.A shall be made within 24 months of the
application for building permit for Phase 1.B., grandstand and paddock.
7. The application for the building permit for Phase 2.B shall be made
concurrently or subsequent to the building permit for Phase 2.A., family
resort destination; and the zoning map of The Town of Millsboro dated
July 1973, as amended, be further amended to include said territory in
the Planned Commercial (PCD) District, with an effective date of the
certification of the 2009 update to the Town of Millsboro Comprehensive
Plan. Councilperson Irene Keenan abstained stating conflict due to her
working for a realtor. Vote taken: Gum aye, Bryan aye, Truitt aye,
Keenan abstain, Thoroughgood aye. Motion carried with Secretary Tim
Hodges absent.
Highway Commercial (HC)
District Public Hearing-As this hearing was not closed nor was the ordinance
amending the zoning approved this will appear on July's agenda for further
discussion and approval.
White Farm Annexation Application-The town has received an application for
annexation from White Farm LLC. They are requesting annexation of parcels
with map numbers 1-33-16.00-75.00 and 75.03; 1-33-15.00-30.00 and 30.01;
1-33-11.00-3.00. They are requesting that the parcels be zoned as a Medium
Residential (MR) District. Bryan motioned, Thoroughgood second to accept
this application for annexation from White Farm LLC. Motion carried with
Secretary Hodges absent. Mayor Gum appointed a committee to study the
feasibility of this annexation and to report back to Council within 90 days.
This committee will consist of Robert Bryan-Chair, Michele Truitt and Tim
Hodges.
Election-Council members and those present were informed there will not be
an election this year. The incumbents signed up with no contest. Irene
Keenan for District 3 and Robert Bryan for District 1 will be sworn in for a
three year term at July's Council meeting.
Vacant Council Seat-The "At Large Seat" is still vacant due to the passing
of Councilman Jack Wilkins in January. Letters were received from three town
residents interested in filling the remaining 2 years of that position.
Council was asked to make a recommendation to fill this seat. Councilman
John Thoroughgood recommended Greg Hastings fill this position. Thoroughgood
motioned, Bryan second to accept the recommendation that Greg Hastings fill
this vacant "At Large Seat" for the remaining two years of the term (until
June 2011). Motion carried with Secretary Tim Hodges absent.
Conditional Use/216 Ellis Street-James Schreppler is requesting a renewal to
a conditional use for 216 Ellis Street. The property is zoned Urban Business
and 216 Ellis is a residential use behind a business. There haven't been any
complaints in the last year. Thoroughgood motioned, Keenan second to approve
the one year renewal of a conditional use for James R. Schreppler for the
use of a second structure, 216 Ellis St., as an accessory use adjacent to an
existing commercial building located at 213 Washington St., Town of
Millsboro, Sussex County tax map number 1-33-17.13-132, subject to
conditions stated in the approved resolution. Motion carried with Secretary
Hodges absent.
Parade Permit-The Town has received a parade permit application from Dotty
LeCates of St. Mark's Church. They are requesting to have a parade on July
4, 2009. This would take place from 10:30 am to 11:30 am, would begin at
Saint Mark's Church on State St. and end at Cupola Park. Participants would
be children walking or on bikes decorated for the holiday. The Chamber is
also helping to organize this event. Thoroughgood motioned, Bryan second to
approve the parade permit submitted by Dotty LeCates for a 4b of July parade
with details as given on the permit. Motion carried with Secretary Tim
Hodges absent.
Bryan motioned, Thoroughgood second to recess the Regular Council meeting at
7:45 PM and to enter into an Executive Session at 7:55 PM to discuss legal
and personnel issues.
Respectfully submitted,
Tim P. Hodges
Secretary
MINUTESR EGULAR COUNCIL MEETING
JUNE 1, 2009
8:15 pm meeting called to order with Mayor Larry D. Gum presiding. Present
were Vice Mayor Robert Bryan, Treasurer Michelle Truitt, Council persons
John Thoroughgood and Irene Keenan, Town Solicitor Tempe B. Steen and Town
Manager Faye L. Lingo. Absent was Secretary Tim Hodges and one council seat
is vacant.
Bryan motion and Thoroughgood second that the Mayor and Tim Hodges be
authorized to offer and executive the contract to acquire the land as
discussed in executive session. Approved unanimously, with Tim Hodges absent
and one council seat vacant.
8:16 pm Thoroughgood motion and Bryan second to adjourn, motion approved
with Hodges absent and one council seat vacant.
Respectfully submitted,
Tim P. Hodges
Secretary |
