REGULAR COUNCIL MEETING
February 7, 2011
7:00 P.M. meeting called to order in the Council Chambers at 322 Wilson
Highway, Millsboro, Vice-Mayor Bob Bryan presiding. Present were Secretary
Greg Hastings, Treasurer Michelle Truitt, Council Persons, John Thoroughgood,
Irene Keenan, Tim Hodges, Town Manager Faye Lingo, Assistant Town Manager
Matt Schifano, Town Solicitor Mary Schrider-Fox, Development Coordinator
Linda Johnson, and Town Clerk Tammy Phillips. Mayor Larry Gum absent. Guest-
see attached list.
PUBLIC HEARING – Plantation Lakes, site plan amendment. Plantation
Lakes is a golf course development west of DuPont Boulevard on Millsboro
Highway. Lennar has taken over the development and has submitted an
amendment to the original plan. Steve Ness, from Lennar presented the plans
with few minor changes; we had to review product homes, land plan, golf
course design construction cost, and operation. The changes included two
separate areas the product and the amenities. We have eliminated 960 condos
and replaced with 1046 townhouses 18’ wide, smaller lots. The original plan
had 24’ wide town homes and down size to 18’ wide no garage, 18’wide one
garage, 22’ wide two car garage town homes. Terms with the lots no change on
size just smaller homes. Terms of amenities, we have two goals: 1) separate
private owned golf course from Public course the homeowner facilities. 2)
Large homeowners/ club house facilities basically centralized, terms simple,
allow us to locate smaller facilities and amenities. Terms construction cost
being in mind makes sense too, but also benefits homeowners because at the
end of the day they have to maintain these facilities and pay their home
owner association dues, so being in mind as community grows this make cense.
The Homeowners Association dues could increase to $350 - $400 a month if
sales don’t increase. (1) Golf course changes made to original plans is the
roadway separating the golf facilities from driving range and practice range
and that there really just was no need for. We want to , is take the golf
course and very simply and redo it with the whole center area with strictly
golf course, no roads separating the control is better in terms of golf
course design it has taken 8 months to redesign golf course. Terms
Homeowners Association facilities, we have a supposedly community
recreational facilities- Water Slide Park taking advantage of Betts Pond
view. The Community center will be located west of recreation facilities on
Dukes Property. 1) Recreation area- Belmont Boulevard- change architect size
of building came up with a flex space, fitness, training, locker, pool area,
central lawn area, cardio, kitchen, ½ basketball course, volleyball, etc.
(2)Water slide park- that’s truly what Plantation Boulevard comes down over
looking Betts Pond, 4 tennis courts, complex benches, gazebos, water
foundation of that nature. Ken Upshur, MRA we are here to amend plan for RPC
and amend Dukes Property. Original plans from 2004 are still the same single
family house and ponds on Route 24 (Millsboro highway) and current plans
have no changes and no changes leading up to Belmont Boulevard. Main change
south side of Betts Pond was the condos and town homes were shown on
original plans what we have done taken that area and put town homes. There
were condos along Hardscrabble Road side to town homes. Land Design has
created a place with new design throughout the project with pedstrian trails
without having to drive your car around the development. There are 2 network
golf and pedestrian trails opportunities around community bridge crossing.
Town homes set back 20”-30” back from roads very much nicer landscape and
parking area, also parallel, enough parking close to resident off side
roads, and small off street parking. Small village green areas will be
placed around the community. Terms of units marketing condition are really
important to have a broad mixer of home opportunities possible to the market
segments. Original Plantation Lakes plans we had 2817 totals units including
Dukes parcels in the current plan 2819 units against all the condos
eliminated 960 replaced – 1086 town homes 18’ wide and single family 308
lots on Dukes no change. Traffic circle east will be put up 18’ and 22’ town
home model on 2 lots would be torn down. Douglass Fields, 25195 Lumberton
Drive, we bought back in 2007, we like the planned amenities, community golf
course, the pier overlooking Betts Pond. He would like to have in writing
the increase of home owner associations dues 100 and plus, but what the few
of us that are there, why can’t you put a cap on the home owners association
dues and developer have shortfall. Great ideas hope to see it take off. Jack
Ross, 25173 Lumberton Drive, stated very much in favor of the plan. The two
wrinkles are 1) home owner association fees opposed, new and shocking and
much of that depends of number of homes that are sold between now and when
the facilities opens. 2) I have videos home talking about design plan, we
are getting much less and willing to live with that but also not willing to
live with promises with nothing delivered on the end. If, this to be started
lets make sure it is started and certain things get completed rather than
just a promise in the future. Sherry Martin, 29452 Glenwood Drive, I
appreciate the town giving us all opportunity to speak. I’m not sure if we
really have enough right to say. We read our contracts and bought homes, do
we have promises made absolutely. Times have changed severely. I don’t know
how much weight you have to give our comments, but with that being said-
believe what we have now and the last 3 years against possibly having
nothing or possibly change plan. I don’t think there is any question. I have
talked to a lot of people around Sussex County that are sitting in a
community where the developer has walked away, etc. I don’t want to see
Plantation Lakes like that, with the news stating about home market
struggling for possibly next 5 or more years, be reasonable. It’s good for
Millsboro, start as soon as possible. Debbie Delosa, 29458 Glenwood Drive,
We are supported of the plan and exactly appreciate the change. Jimmy
Aschenbach, 24826 Magnolia Circle, has been here since October 2007. Thank
Steve for opening 5 holes possibly would be closed when construction begins,
but keep the holes open. Allen Lafferman, 25165 Lumberton Drive, Thank you
Steve, with all this development concern about traffic- building 2000 plus
have not heard or read anything about extra entrance with only 2 entrances
could cause congestion. Steve and Vice Mayor Bryan stated that’s DELDOT make
that call. Jack Ross, 25173 Lumberton Drive, I have been in contact with
DELDOT and asked about concerns of traffic on Route 24 (Millsboro Highway)
study being done with the increase of houses. They had not looked into
situation in awhile, because they had not had any construction in that area
for a while to be concerned. Thoroughgood moved Hodges second to approve to
close the Public Hearing. Motion approved unanimously, with Mayor Gum
absent. Thoroughgood moved Truitt second to approve the new amended site
plan for Plantation Lakes. Motion approved unanimously, with Mayor Gum
absent.
RT. 113 BYPASS - Vice- Mayor Bryan asked State Representative Atkins
stated the project is on hold till June 30, 2010. There has not been any
support for the south Route 24 bypass more less dead in the water. State of
Delaware is looking north of Stockley Center and North of Doc Frame Road
coming out near Mountaire Farms. State Representative John Atkins, Hodges
and Hastings discussed main concern is the congestion in the Town of
Millsboro during business hours and summer time.
PUBLIC HEARING – Zoning change for the property know as White Farm
from Medium Density Residential to Open Space. Sussex County Map 1-33-15.00
parcel 30.00; 1-33-11.00 parcel 3.00; 1-33-16.00 parcel 75.03. These parcels
were annexed into the corporate limits at the November 2010 council meeting
as MR. The Millsboro Comprehensive Plan has it designated as Open Space.
Hastings moved Thoroughgood second to close the public hearing. Motion
approved unanimously, with Mayor Gum absent. Hastings moved Thoroughgood
second to change zoning for the property known as White Farm, Sussex County
Map 1-33-15.00 parcel 30.00; 1-33-11.00 parcel 3.00; and 1-33-16.00 parcel
75.03 from Medium Density Residential to Open Space. Motion approved
unanimously, with Mayor Gum absent.
SECRETARY’S REPORT – Secretary Hastings presented the minutes from
the January 4, 2011 council meeting for Council’s approval. Thoroughgood
moved Hodges seconded to approve the minutes from the January 4, 2011
council meeting as written. Motion approved unanimously, with Mayor Gum
absent.
TREASURER’S REPORT – Treasurer Truitt presented the bills and bank
balances to Council for approval. Keenan moved Hastings seconded to pay the
bills from the designated accounts as presented. Motion approved
unanimously, with Mayor Gum absent.
C.P.I. Index, basis for impact fees has been reported. The ordinance
states that the town will automatically follow the new rate unless council
takes specific action to waive it and leave at old rate. No action was
taken.
Ability to transfer fund electronically to withholding and payroll accounts
from the general account. Right now checks have to be written from the
general account to the payroll account to cover the amount of the checks and
to the withholding account to cover withholdings. Then the checks have to be
taken to the bank to be deposited to cover the payroll checks. If council
authorizes those transfers to be done electronically then it saves a trip to
the bank each week. Truitt moved Keenan second to authorized ability to
transfer fund electronically from general account to payroll account and
withholding account. Motion approved unanimously, with Mayor Gum absent.
GREATER MILLSBORO CHAMBER OF COMMERCE - Amy Simmons stated she has
attended Downtown Delaware meeting February 4, 2011 and attended Downtown
Millsboro Revitalization at Blue Water Grill on February 7, 2011. There were
positive attitudes from business owners and residents. Bridal Show will be
held February 20, 2011 at the Civic Center over 32 vendors are attending.
Chamber of Commerce next meeting is being held at Fast-Tek in Georgetown.
MILLSBORO FIRE DEPARTMENT - No Report
MILLSBORO POLICE DEPARTMENT - Chief Murphy stated on January 20th
Lieutenant Calloway, Sergeant Legates, Detective Wheatley, Pfc. Moyer, and
Pfc. Lyons had firearms training at the Bridgeville Rifle Range. January
28th Detective Wheatley and Pfc. Lyons attended NHTSA Refresher course at
DSPTA. Homeland Security threat level remains at yellow. CALEA Update no
issues to report. Lt. Calloway has put their annual report in council boxes
if anyone has any questions.
PARKS AND RECREATION REPORT
– No report
STREET DEPARTMENT – No report
WATER AND SEWER REPORT – There have still been problems with iron in
the water this month but it is believed that the problems have been
resolved.
MAYOR’S REPORT – Building Code amendment, reference, residential
sprinkler systems. Millsboro automatically follows the new International
Building Code and with the latest updated version there is a requirement for
residential sprinkler systems is making them mandatory. Kenny Niblett is
asking for council to waive that requirement in the code. Hodges moved
Thoroughgood second to waive the residential sprinkler system requirement.
Motion approved unanimously, with Mayor Gum absent.
Lease agreement; appoint committee to meet with the Art League to discuss a
rental lease. The paperwork has been completed that signs the property over
to the town and now the lease agreement needs to be finalized. Vice-Mayor
Bryan appointed Hastings, Hodges and Keenan for the committee.
Wharton’s Bluff – is ready for the dedication for utilities for both phases
A and B. Wharton’s Bluff is a development between East State Street (Iron
Branch Road) and the Indian River. Phase A includes the Lift Station along
with the sewer and water mains. All the terms have been met and it is ready
to be dedicated to the town. Hastings moved Hodges second to approve
Wharton’s Bluff Phase A includes the Lift Station along with sewer and water
mains. Motion approved unanimously. Truitt moved Hastings second to approve
Wharton’s Bluff Phase B. Motion approved unanimously, with Mayor Gum
absent..
Municipal vehicles – suggestion to have all municipal owned vehicles marked
recommendation was made that all town owned vehicles have some emblem or
display that will make them recognizable as belonging to the town. Chief
Murphy requested to have 2 vehicles exempt. To be discussed at Executive
session.
8:50 pm Truitt moved Hastings second to recess till 8:55 to enter into
executive session. Mayor Gum absent. Motion approved unanimously.
Regular Session
Reconvene 9:30 p.m.
Wastewater/DNREC - Hastings motion Hodges second to authorizing dropping
appeal #1 when the necessary permits are received. Motion approved
unanimously, with Mayor Gum absent.
Dagsboro - Thoroughgood motion Truitt second to not amend the water bill as
requested but to bill according to the meter readings. Motion approved
unanimously, with Mayor Gum absent.
Thoroughgood also suggested offering our assistance with reading the water
meters for a fee. Agreed by council to see if there was anything we could
assist.
Woodland - Hastings motion Hodges second to work with Sussex County and
charge them the old rate until next budget year. Motion approved
unanimously, with Mayor Gum absent.
Marked & Unmarked Vehicles - Thoroughgood motion Hodges second to leave the
Chiefs vehicle and the detective vehicle unmarked unless used for patrol
then they should metallic signs to mount, all other vehicles should be
marked including public works. Motion approved unanimously, with Mayor Gum
absent.
Keenan motion Truitt second to adjourn at 9:50 pm
Respectfully Submitted,
Greg Hastings
Secretary
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