Millsboro Town Council Meeting - January 6, 2026

The Millsboro Town Council met on January 6, 2026 (the meeting began on the evening of January 5 and extended into January 6) to conduct regular business. Key actions included the swearing-in of a new police chief and the town’s first police canine handler, approval of a revised preliminary subdivision plan replacing apartments with townhomes, adoption of an employee vacation policy increase, and a public hearing on a proposed residential development moratorium that was ultimately not pursued.

Consent Calendar

• Adopted the agenda, minutes from the December 1, 2025 town council meeting, and payment of designated bills.
• Approved third-quarter supplemental tax billing of $26,451.36.
• Approved a conditional use application for 102 East DuPont Boulevard.
• Declined a rezoning request from MR to HC for a property (motion carried after clarification of the double-negative).
• Approved the preliminary site plan for the Cadence Academy daycare expansion.
• Appointed an annexation committee for a property on Handy Road (members: Mary, Kimberly, and Ron).
• Established a new parks committee and appointed members (Mayor McKee, Mary, and another member).
• Adopted resolutions to hold public hearings on February 2, 2026 for amendments regarding swimming pools and mobile food vendors in the highway commercial district.
• Adopted an ordinance to update Chapter 70 (building construction) with current code references.

Swearing-In Ceremonies

• Chief of Police David Moyer took the oath of office, formally appointed as police chief after serving as acting chief since August 2025.
• Corporal Cody Justice and his canine partner Bandit were sworn in as Millsboro’s first-ever police canine team, trained through Delaware State Police.

Public Comments & Testimony

• No public comments were offered at the beginning of the meeting.
• A public hearing was held on a proposed moratorium on residential development (see below). Speakers included representatives from the Home Builders Association of Delaware (Katie Gillis, John Horner, John Ford) and a land-use professional (Ken Christenberry), all strongly opposing the moratorium. One resident (Mary Anderson) spoke in favor, arguing it would allow the town to assess infrastructure needs. Several emails from organizations opposed were noted.

Discussion Items

• Police Department Report (Chief Moyer): Presented enforcement data (not fully updated due to a statistical error since Dec 12). Rape numbers increased (26 in 2025 vs. prior years), attributed to better victim advocacy. Millsboro Police achieved statewide jurisdiction (limited, for nexus to town). Recruit Justin Harvey completed field training. Three vacancies remain; full staffing of 21 officers projected by end of 2026. Awards were distributed, including rookie and officer of the year. Blue Santa project raised $4,500 for four families.
• Sewer and Water (Rich Plack): Recommended awarding the Millsboro Force Main Project to George & Lynch Inc. for $5,471,977.44 (lowest responsible bid), contingent on USDA and DelDOT approvals. The town will pre-purchase materials ($1,673,133.81) using ARPA funds. Approved unanimously.
• Annual Audit Report (Lindsay Keene, PKS): Presented clean (unmodified) opinion for fiscal year 2025. General fund balance increased by $1.552 million; unassigned fund balance of $1.924 million (92 days of expenses, above the 60-day recommendation). Water fund net operating income of $286,000; sewer fund operating loss of $1.98 million due to increased repairs and salaries. The audit was accepted.
• Town Lakes Amended Preliminary Subdivision: Applicant Tapco Town Lakes LLC proposed replacing 120 apartments with 85 townhomes (reducing total units from 450 to 415) and requested a 10-foot side yard setback (20-foot separation) instead of the standard 20-foot setback. Council discussion focused on traffic, parking (3 spaces per unit), and the 14-acre park dedication. A motion to approve the revised plan (including the setback modification) passed 4-2 (Mayor McKee, Councilmembers Kahn, O’Neill, and Mason in favor; Councilmember DeSilva and Councilmember Presley opposed).
• Employee Handbook Amendment – Vacation Time (Town Manager Burke): Proposed adding one week of vacation to all categories to aid recruitment and retention, especially for skilled positions (wastewater operators, finance). Approved unanimously.
• Chief of Police Contract Approval: Approved the employment agreement with Chief David Moyer, tailored to his 17 years of service. Included a unique clause for pension protection if terminated without cause within three years (before his 20-year mark). Passed unanimously.
• Public Hearing on Moratorium on Residential Development: Councilmember Presley proposed a six-month moratorium on new residential applications of 10 or more units to allow the town to assess potential state affordable housing legislation. After extensive debate, a motion to not pursue a moratorium passed 4-2 (Councilmembers DeSilva, Kahn, O’Neill, and Mason in favor; Councilmember Presley and Mayor McKee opposed). The council cited the risk of litigation, the existing pipeline of approved projects, and the need to work collectively with other towns.

Key Outcomes

• Approved: Police chief and canine handler oaths, consent calendar items, Cadence Academy preliminary plan, annexation committee, parks committee, employee vacation increase, police chief contract, chapter 70 update, and resolutions for February public hearings.
• Declined: Lucky rezoning request (MR to HC).
• Approved with conditions: Town Lakes amended preliminary subdivision (4-2 vote).
• Not pursued: The proposed moratorium on residential development (voted down 4-2).
• Next steps: Final subdivision approvals for Cadence Academy and Town Lakes will proceed with required state and town approvals. The town will monitor state legislation and budget implications.