REGULAR COUNCIL MEETING
NOVEMBER 2, 2009
7:00 pm meeting called to order with Mayor Larry D. Gum presiding. Present
were Vice Mayor Robert Bryan, Secretary Tim Hodges, Treasurer Michelle
Truitt, Council persons John Thoroughgood and Greg Hastings, Town Solicitor
Tempe B. Steen and Town Manager Faye L. Lingo.
Pubic Hearing - Annexation of White Farm, LLC; Tax Map No. 1-33-11.00
parcel 03.00, 162.60 acres; 1-33-15.00 parcel 30.00, 109.10 acres;
1-33-15.00 parcel 30.01, 84 acres; 1-33-16.00 parcel 75.03, 166.60 acres
1-33-16.00 parcel 75.00, 88 acres; both sides of route 20 and north of road
433 and route 20 from intersection with 113 to intersection with Stockley
Road. Mayor Gum asked for comments or questions. Council had no questions at
this time and there were no questions from the audience. The hearing was
left open until later in the meeting.
Secretary's Report - Thoroughgood motion, Hastings second to approve
the minutes as written, approved unanimously with one council seat open.
Treasurer's Report - Treasurer reported the bills had been reviewed
and are presented for payment. Bryan motion, Thoroughgood second to approve
paying the bills from the designated accounts, approved unanimously with one
council seat vacant.
Parks and Recreation Report - no report
Millsboro Fire Company - Ron O'Neal, president of the Millsboro Fire
Company gave his report to council with no council action necessary.
Greater Millsboro Chamber of Commerce - no report
Police Report - Chief John Murphy gave report 257 Complaints; 19
domestics; 15 assist other agencies; 395 total tickets; 111 speed
violations; 30 dangerous moving violations; 8 DU1's; 86 criminal arrests;
6192 patrol miles.
Promotion - Murphy reported that he has met with the personnel
committee and he is ready to make a recommendation for Sergeant. It has been
a year with the testing and hands on training and the recommendation is
Robert Legates. Thoroughgood motion, Hodges second to promote Legates to
Sergeant, approved unanimously with one council seat vacant.
Street Report - no report
Water and Sewer Report
USDA resolution, no action, not ready for this month.
M & T water and sewer rate committee report - the committee reviewed the fee
schedule with the town's finance officer and recommend that M & T be charged
the same as other users in town. Their usage is equivalent to other users
and there isn't anything unusually with the property. It has changed hands
many times since the origination of the existing contract. Bryan motion,
Thoroughgood second to terminate the current contract and to charge fees
pursuant to the town's rate structure, approved unanimously with one council
seat vacant.
Mayor's Report
Villages of Millwood, Tammy Rust, realtor presented a plan to add additional
entrance signs at the single family residential side of the project. The
original site plan did not show any signs or landscaping. They would like to
give it a name of its own and the landscaping would separate the townhouses
from the single family homes. Bryan motion, Hodges second to approve the
proposed sign and landscaping, approved unanimously with one council seat
vacant.
J. G. Townsend annexation agreement - the property had petitioned for
annexation and the hearings have been held. The annexation agreement is
scheduled to be finalized November 2°d ° and they are requesting to have an
extension that matches the Chesapeake tract, March 1, 2010. Hodges motion,
Bryan second to approve their request for finalizing the annexation
agreement, approved unanimously with one council seat vacant.
Impact Fee recommendation: a request was made to council by a developer to
allow an adjustment on the payment of impact fees by him to the town. After
reviewing the current fees, building permits and meting with Millsboro's
finance officer the committee has come up with a proposal for council to
consider. Based on today's economy the committee is willing to suggest that
council waive the building fund component portion of the impact fees along
with the fire and ambulance impact fee for twelve months from the night of
approval. The committee was Thoroughgood chair, Hastings and Hodges. They
considered this an incentive for the developers to build again and would be
the town's attempt to stimulate the building in town. This would leave the
water and sewer impact fees in place. Bryan motioned, Truitt second to
accept the committee recommendation becoming effective midnight tonight,
approved unanimously with one council seat vacant. Tammy Rust asked if it
could be made retroactive to include the two permits that they just received
in October since their development initiated the discussion. Hodges replied
no, that it would be from now forward. Ron O'Neal, president of the
Millsboro Fire Company reminded the town that the fire department depends on
the funds from the town; that they have already been hit by the State and
Sussex County by reduction of funding. Gum commented that he understood but
to remember that a quarter of a percent of nothing is nothing if there are
not any building permits.
Vacant Council Seat District 3 - Irene Keenan was deemed elected since no
one run in her seat of District 3 in July 2009 and because of a job change
had to leave the council for a short while. Her job situation has leveled
out and she is available to resume her council seat if agreeable with the
council. Council never did officially accept her resignation and if still
agreeable then she can return to council December 71h. Very good, everyone
agreeable and look forward to her return.
White Farm annexation - Mayor Gum asked if there was any further comment or
questions concerning the annexation proposal hearing none Thoroughgood
motion, Bryan second to close the public hearing, approved unanimously with
one council seat vacant.
7:40 pm Hodges motion, Truitt second to recess and enter into executive
session at 7:50 pm to discuss legal, approved unanimously.
REGULAR SESSION
8:10 pm Mayor Gum presiding. Present were Vice Mayor Robert Bryan, Secretary
Tim Hodges, Treasurer Michelle Truitt, Council persons John Thoroughgood and
Greg Hastings, Town Solicitor Tempe B. Steen, Town Manager Faye Lingo.
It was suggested by Hodges that in the future the executive session be moved
to another room and allow the visitors to stay in council chambers, we can
provide coffee and cookies and they will be here when the council returns
and will not feel uncomfortable by waiting outside. Considered a good idea
and to plan on doing it next month.
8:15 pm Truitt motion, Hodges second to adjourn, approved unanimously.
Respectfully submitted,
Tim P. Hodges,
Secretary
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For additional information call the
Millsboro Town Hall at 302-934-8171.
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