REGULAR COUNCIL MEETING
August 2, 2010
7:00 P.M. meeting called to order in the Council Chambers at 322 Wilson
Highway, Millsboro, Mayor Larry Gum presiding. Present were Vice-Mayor Bob
Bryan, Secretary Greg Hastings, Treasurer Michelle Truitt, Council Persons
John Thoroughgood, Irene Keenan, Tim Hodges, Town Manager Faye Lingo, Town
Solicitor Mary Schrider-Fox, Development Coordinator Linda Johnson, Town
Clerk Tammy Phillips. Guests-- see attached
SECRETARY'S REPORT - Secretary Hastings presented the minutes from
the July 6, 2010 council meeting for Council's approval. Bryan moved Hodges
seconded to approve the minutes from the July 6, 2010 council meeting as
written. Motion approved unanimously.
TREASURER'S REPORT - Treasurer Truitt presented the bills and bank
balances to Council for approval. Thoroughgood moved Bryan seconded to pay
the bills from the designated accounts as presented. Motion approved
unanimously.
The first interim financing is to be finalized and closed and we will need
to do the second phase of interim financing for wastewater transmission and
disposal. This enables the town to pay the water and sewer construction
statements in a timely fashion while we wait for reimbursements from USDA.
Bryan moved Truitt seconded to authorize Finance Director Sauer to finalize
and close first interim financing and to open second phase of interim
financing of the wastewater transmission and disposal. Motion approved
unanimously.
GREATER MILLSBORO CHAMBER OF COMMERCE - Town Manager Faye Lingo
stated that Greater Millsboro Chamber of Commerce is requesting permission
to have a beer and wine tasting by Dogfish Head or a similar company which
will be education on how they made the beer and wine. Thoroughgood mentioned
that they would like to consider this for Big Thursday but there is not any
alcohol allowed in the park so it would require special permission from the
council for this to be allowed. They will have to be approved by the Alcohol
License Board before the big event at Big Thursday. Bryan moved Truitt
seconded to approve to have a beer and wine tasting by the Big Thursday
event. Motion approved unanimously.
MILLSBORO FIRE DEPARTMENT - Ron O'Neal, President stated the first
half numbers for Fire and EMS calls have been determined as of the end of
June. The number of Fire emergency calls stood at 275, and EMS numbers are
also up, with a total of 1055 calls at the end of the 2nd quarter. This is
an approximate 10% increase over last year's numbers.
Reports from both the State and County concerning funding show no further
cuts being anticipated for 2011. The funding from Sussex County is being
increased by 4% over last year when the Fire Companies in Sussex were hit
with an 8% cut. Also, Fire Prevention funding that was expected to be
eliminated will still be received, although at a reduced rate over last
year.
Our Federal AFG (Assistance to Firefighters Grant) application has been
submitted and is in the process of being reviewed. There is approximately
$420 million designated by the Government to be handed out the 2010 grant
process, with grants being awarded beginning in September. Millsboro's
application is requesting 45 sets of turnout gear.
The Fire Company has been requested to provide EMS coverage for the Hispanic
Festival in Sunday, August 22. We will be providing an ambulance on stand-by
at the festival from noon to 6 pm on that date.
The Fire Company will be hosting the August meeting of Sussex County
Volunteer Firefighters Association on Tuesday, August 24.
MILLSBORO POLICE DEPARTMENT - Chief Murphy, II stated that Homeland
Security is still at level yellow and no Calea to report. Senior League
Softball World Series will be staying at Atlantic Inn from August 7 to
August 15, 2010 and will be providing security. We will be during traffic
control August 7 during the 5k run. We will be present during Big Thursday
event and we will have 2 officers at the Hispanic Festival held August 22,
2010. We have two dates set for DUI checkpoint August 28, 2010 and December
17, 2010.
Firearms ordinance, does not address cross bows. It does mention other items
but with the new state hunting regulations council may want to take action
to amend the ordinance to include cross bows as not allowed to use within
town limits. There needs to be more clarifications on suggested hunting
regulations.
Plan for police vehicles not in service, right now the police department has
8 Crown Victoria's in use, 2 Durango's, 1 pickup truck and 1 motorcycle.
There is a 2001 and 2004 Crown Victoria in storage. Thoroughgood moved Bryan
second to approve to take the 2001 and 2004 Crown Victoria that are in
storage at Wastewater Treatment Plant to auction. Motion approved
unanimously.
PARKS AND RECREATION REPORT - Concerts in the park new entertainers
submitted for council approval. The Cruisers, Big Al's Karaoke, and Paul
Cullen are the new entertainers, but no dates have been scheduled yet due to
council approval. Thoroughgood moved Hastings seconded to approve the new
entertainers, The Cruisers, Big Al's Karaoke, and Paul Cullen with no dates
schedule yet. Motion approved unanimously.
STREET REPORT - 113 crossovers on US 113, council has discussed this
in the past but question has come up so if you would like to make further
comments to DELDOT. Mayor Gum and Chief Murphy concern is the intersection
at Ames Shopping Center and Denney Electric Supply. DELDOT has in the past
stated not enough incidents to close this intersection at the present time.
Council needs to send letter to DELDOT to request that they meet with
Council about the concerns. Councilperson Hodges mentioned about the
drainage at the same location that when it rains, water sits in the left
lane. The water lying in the road during a storm (rain) needs to be
addressed to the engineering department at DELDOT.
WATER AND SEWER REPORT - Faye Lingo, Town Manager, and sewer
adjustment due to water leak @ 29453 Glenwood Drive, Plantation Lakes. No
council action needed Town Manager Faye Lingo has already adjusted as
ordinance allows.
MAYOR'S REPORT -
Townsend Tract 1-33-11.00
parcel 4.00 - Zach Crouch from Davis, Bowen and Freidel requested for
extension of annexation and rezoning agreement for the Townsend Tract that
expired August 2, 2010. Town Manager Faye Lingo has a letter on file
authorizing Zach Crouch to represent them at tonight's meeting. Bryan moved
Truitt seconded to extend the time for annexation and PCD zoning approvals,
and as presented the set date to August 2, 2011. Motion approved
unanimously.
Chesapeake Tract 1-33-11.00 parcels 5.00; 6.00 and 7.00 - Zach Crouch from
Davis, Bowen, and Freidel requested for extension of annexation and rezoning
agreement for the Chesapeake Tract that expired August 2, 2010. Bryan moved
Truitt seconded to extend the time for annexation and PCD zoning approvals,
and as presented the set date to August 2, 2011. Motion approved
unanimously.
Millwood 2 -33-5.00 parcel 12.00 - Mark Prata from Mitchell Avenue
Associates, LLC, requested to submit new site plan amendment by Ryan Homes.
They wish to make some minor changes to the foot prints of the townhouses in
phase III. These changes will only affect the ten unit buildings. They would
like to put a court yard separating the ten unit buildings into four packs
and five packs, joining the buildings with a connecting wall at the front
and a split rail fence at the rear. Town Solicitor Mary Schrider-Fox
requested that they delete from Notes (1) either in the locations shown or
in other locations on the site. Town Solicitor Mary Schrider-Fox pointed out
that if they want to increase density a public hearing is required. Hodges
moved Bryan seconded to approve the spec drawing with 2 hour firewall and
delete from Notes (1) either in the locations shown or in other locations on
the site, and submit new plans without statement. Motion approved
unanimously.
Somerton Chase 1-33-20.00-040.00, 041.00 and 41.01 Mr. Wentling presented
Council with a request for a time extension for preliminary plan approval
for Somerton Chase. Somerton Chase had received preliminary approval June
2005 and in March 2007 they received an extension to June 2008. They have
come before Council tonight requesting an extension until August 2011. They
have been working with DELDOT and there have been new design and
improvements required. During their last meeting with DELDOT in January a
substantial amount of additional design work was needed. Mr. Wentling also
informed Council that it has become evident that there is a drainage issue
on the east side of Delaware Ave. as it approaches Rt. 24 intersection and
DELDOT now wants them to add some storm water pipe on the east side of this
road and re-do some of the curb and catch basins on the south side of the
intersection, none of which they expected. Bryan moved Hodges seconded to
approve Somerton Chase a time extension for preliminary plan approval until
August 2011. Motion approved unanimously
Conditional Use 1-33-17.09-029.00 -John H. Parker, Sr.: The town has
received a request for a continued conditional use allowance for apartment
#2 from John H. Parker, Sr., located over the warehouse located at 332 Main
Street, Millsboro. Hastings moved Bryan second to extend the conditional use
of John Parker, Sr. for a second conditional use for a second single family
dwelling/apartment over the existing garage as a second accessory use at 332
Main Street, Town of Millsboro. This conditional use renewal is until
December 2010 which the apartment # 1 expires at that time. Staff is
directed to prorate the fee since it will not be a full year, the reason is
to be able to get apartment 1 & 2 on the same schedule and hopefully end
some confusion. Motion approved unanimously.
Zoning amendment -Chair person Bryan stated that the committee has reviewed
the bars and taverns zoning changes and can set a public hearing date for
September 7, 2010. Thoroughgood moved Hastings seconded to set a public
hearing date for September 7, 2010 for the bars, and taverns ordinance.
Motion approved unanimously.
8:10 pm Hodges moved Truitt seconded to enter into executive session. Motion
approved unanimously.
Regular Session entered a 9:45 pm
9:45 pm meeting called to order with Mayor Larry Gum presiding. Present were
Vice Mayor Robert Bryan, Secretary Greg Hastings, Treasurer Michelle Truitt,
Council persons John Thoroughgood, Irene Keenan, and Tim Hodges, Town
Solicitor Mary Schrider-Fox, Town Manager Faye Lingo.
Bryan moved Truitt seconded to increase Sgt Robert Legates pay by $ 905.00
effective August 2, 2010 pay period. Motion approved unanimously.
Hodges moved Keenan seconded authorizing Town Solicitor Mary Schrider-Fox to
respond to seller's proposal to negotiate the items as discussed in
executive session. Motion approved unanimously.
Hodges moved Truitt second to adjourn at 9:50 pm
Respectfully submitted,
Greg Hastings
Secretary |
