Millsboro Town Council Meeting - April 6, 2026

The Millsboro Town Council met on Monday, April 6, 2026, at town hall. Mayor Bob McKee presided, with council members Silva, O'Neill, Presley, DeSova (referred to as DeSilva in roll call), and Conn present. Solicitor Shreder Fox and Town Manager Burke were also present. The meeting covered appointment of a new District 3 council member, extensive public comments on road and water issues, police and fire department reports, multiple development applications, and various town administrative matters. No agenda or minutes were available for reference, so this summary relies solely on the meeting transcript.

Consent Calendar

• Agenda adopted unanimously by voice vote.
• Council minutes from the March 2, 2026 meeting were approved.
• Bills were approved for payment from designated accounts.

Public Comments & Testimony

• Diane Surrey (Villages of Millwood) reported that road conditions have deteriorated further since her last visit, with large potholes making the intersection virtually impossible to cross. She stated that developer Leonard Ayacono, president of Daisy Construction (part of Alan Myers Construction), is researching asphalt prices. She noted that Alan Myers Construction is an asphalt company located up the road in Dover, making the research unnecessary. Surrey said she contacted Representative Rich Collins, the Department of Transportation, and news stations, and was told it is "not our concern." She asked the town for guidance on how to make the developer finish the roads and hold developers accountable.
• Kathleen Craig (29910 Plantation Drive, Homestead Community) described a four-year brown water problem in her community. Water department employees acknowledged issues ("oh wow," "maybe your septic line is in your water line"), but tests passed because they tested when the water ran clear. Flushing the entire community's system was deemed "too expensive" by the town. Craig said she received no responses from the Board of Health or the town after follow-up emails. She has ruined clothes and porcelain, and a neighbor's new water heater flushed only brown water after a year.
• Patty Stilwell (29868 Plantation Drive, Homestead Development) echoed the brown water complaints, saying residents are afraid to drink the water, clothes aren't getting clean, and the problem feels like a "run around."
• Evelyn Deutsch (29962 Plantation Drive, Homestead community) confirmed the brown water affects all residents and said she pays $75 per month for delivered water in addition to town water fees.
• Joy Illigar (29962 Plantation Drive) stated she witnessed the septic smell through Kathleen Craig's house and noted rust coming from a brand-new washing machine. She observed that Craig lives near an older fire hydrant and pleaded for help.
• Steve Ain (33417 Hickler Street) thanked the council for being proactive on the Sheep Pen Road issue, noting the collaboration with DelDOT produced a great solution.
• Jack Megar (Homestead) reported rust staining toilets, a problem that began only recently after roughly 10 years without issues.

Department Reports

• Millsboro Fire Company (Councilman O'Neill): First-quarter call numbers are ahead of last year. There have been fire deaths this year, but none in the district. The annual banquet recognized junior members (most improved junior member and junior member of the year). The Grill and Groove event, benefiting the fire company, will be held April 24, 5:30-10 PM at the Fire Hall. Chamber representative Nadine added that tickets are $45 in advance ($50 at door), featuring Baron Creek Band and Lashers Barbecue.
• Chamber of Commerce (Nadine): Coffee Connect will be hosted by William Sippel & Son this Wednesday, 8-9:30 AM. 100 blue pinwheels will be displayed the week of April 13th for Child Abuse Prevention Month. April Business After Hours hosted by US Wind with Capriottis. May 9th pop-up event at the chamber. Progress continues on Stars and Stripes 250.
• Police Department (Chief Moyer): Monthly stats include 311 complaints, 64 crime reports, 33 domestic reports, 37 assists to other agencies, 145 field service reports, 10 overdoses (3 with CAN administration, no fatalities), 523 traffic stops, 287 traffic citations, and 6 DUIs (5 more over the preceding weekend). Part 1 crime declined 13.25% year-over-year, Part 2 crime declined 11%, and community services (alarms, animal control, recovered property, suspicious person/vehicle) increased 3%. Crash data shows Rt. 113 at peak hours (8 AM) on Mondays, Tuesdays, and Fridays, with driver distraction as the leading cause. The Sheep Pen Road covert speed study (March 5-12, posted limit 25 mph) found 7.2% of vehicles exceeded by 15+ mph, 27.9% exceeded by 10+ mph, and 64% exceeded by 5+ mph. Enforcement there produced 18 warnings (all speeding) and 15 tickets (8 for speeding). Chief Moyer also reported on a halfway house rape case (suspect arrested quickly, commending officers and victim bravery), ongoing concerns about tier 3 sex offenders housed at that residence, a gun with obliterated serial number recovered by Senior Corporal Dallas Milner on Route 24 west of Godwin School Road, and announced the 3-on-3 basketball tournament on May 23 (rain date May 30) co-sponsored by Mountaire. PFC Kraft (transferred from Seaford) graduated FTO and is the new DUI expert. Chelsea Schaefer was promoted to the administrative position; the victim advocate role is posted externally until April 17. Road closure on State Street and Main Street is scheduled for April 8 for construction.
• CALEA Policy Updates (Lieutenant Rogers): Year 4 accreditation assessment concluded, with on-site inspection beginning April 7. Four policy revisions were approved: (1) Rules of Conduct - sexual harassment complaints against the chief of police now go to the town manager; (2) Policy 19 renamed from "Unusual Occurrences" to "All Hazards Plan" with annual incident command training for all officers; (3) Policy 31 Central Records - juvenile vs. adult records documented with separate color-coded folders and records room retention; (4) Policy 40 Unbiased Enforcement - annual review expanded from administrative staff to all officers, with three additional definitional sections. Remaining policy revisions were tabled with administrative approval.

Committee Updates

• America 250/Millsboro Celebrates: Community input included a time capsule, community church service, collectible trinket item, walking tour/signage, tree planting in Cupola Park, apple pie eating contest, live band, motorcycle group, and classic cars.
• DelDOT Committee: A solution to Sheep Pen Road speeding was proposed - a four-way stop sign between the two traffic circles, to be formally submitted to DelDOT. The committee asked DelDOT to preserve forestry in the White Farm development, expedite a sidewalk on the north side of Route 24 between Plantation Lakes and Rt. 113 (working with Sussex County Land Use), and continue studying downtown truck traffic before proposing restrictions. Repaving of Route 24 (113 to Delaware Avenue) and Handy Road was requested, along with post-storm cleanup of tree limbs.
• Downtown Committee: Artist Olga DeShields presented bridge art renditions and historic postcard-style signage ideas for older buildings. QR codes for town history were discussed (modeled on Salisbury's program). The committee is reviewing code standards for downtown buildings, facades, and sign height consistency. The farmers market has volunteer market managers (trained by the Department of Agriculture) and is actively seeking vendors, launching the first Saturday in June through September, 8 AM-noon at the town hall parking lot. A previous downtown survey drew over 400 responses, with 200 people volunteering.
• Parks Committee: Survey results highlight demand for a multi-sport field complex, family walking/picnic areas, an amphitheater for small music venues, and playgrounds for all age groups. USTA matching grant program for tennis courts will be considered during budget discussions. Multiple grant opportunities (including Vendre?T1) are being pursued. A design firm has offered to take on the project once a plan is formulated.

Public Hearing: Handy Road Rezoning and Lot Line Adjustment

• Public hearing was opened for a request by Wineworks Real Estate Holdings LLC (tax parcel 233-5.00-111.00) to rezone from Commercial C to Highway Commercial HC. The property owner explained that the rezoning aligns zoning with Sussex County's adjacent EMS station and facilitates a land swap: the EMS station will move its property line west 50 feet into the applicant's land, retain 50 feet of its own adjacent lot, and the applicant will purchase the balance. The town manager confirmed the property was annexed last month and this eliminates split-zoned parcels. Sussex County submitted a letter of support (packet page 34). Eyecare shop remains an accepted use under the new designation. Public hearing closed; rezoning motion passed unanimously.
• The companion lot line adjustment (parcels 233-5.00-111.00 and 233-5.00-110.00) was then approved as presented. The owner noted the swap creates two better-sized parcels, enabling EMS expansion and a better-shaped medical office lot.

Development Applications

• Merk Parking Area and Site Improvements: Preliminary site plan for parcels 133-16.00 and 15.00 was tabled. Amy (staff) clarified that Merk had already received preliminary approval for all phases and had returned for final approval of Phase 1 (warehouse) previously; the current application for the Phase 2 parking lot may actually be a final site plan. Letters from AECOM and Furgontes conflicted (one said preliminary, one said final), no applicant representative was present, and council agreed the matter needed clarification before a vote. Motion to table passed.
• Lewis Derry Miniature Golf - Preliminary Site Plan: Steve Wooden (Apex Engineering) presented a 3.7-acre parcel zoned urban business, previously approved in 2018. The plan adds an 18-hole nature golf course and ice cream parlor, with a half-acre of previously disturbed open space being redeveloped. Site access, parking, utilities, and stormwater facilities are already in place. Council approved the preliminary plan. Construction is expected for summer 2026, with the ice cream parlor opening first.
• Mid-Atlantic Commercial Minor Site Plan Amendment: McKenzie Sindelar (attorney, Sol Ewing) represented Millsborough Medical Building LLC. The amendment combines two planned buildings (each just under 10,000 sq ft) into a single ~20,000 sq ft building to accommodate a tenant needing consolidated space on the 4-acre highway commercial site. The conservation district re-approved the configuration on January 13, 2026, and no additional impervious surface is proposed. Motion to approve passed.
• Proposed Pharmacy (AVP Pharma Inc) - Preliminary Site Plan: Bob Palmer (Beacon Engineering) and applicant Wright Patel presented a pharmacy at 28524 DuPont Boulevard (formerly Anchor Roofing, tax parcel 133-17.17-53.00, with a noted typo of 520). The plan widens the existing 17-foot Old Landing Road entrance to a 25-foot code-compliant full-movement access, adds a drive-thru with an exit-only onto Rt. 113 (as stipulated by DelDOT), expands parking from 7 required to 13 spaces, and disturbs under 5,000 sq ft (exempt from sediment/stormwater regulations; conservation district will issue an exemption letter). No water/sewer improvements are needed. Patel stated his Coastal Drug Pharmacy has served Sussex County for 11 years, particularly after the Rite Aid closure, and will offer delivery, immunizations, medical equipment, and compliance packaging. Councilman O'Neill raised egress concerns about drive-thru traffic entering Rt. 113 near Old Landing Road; Palmer and Patel noted the stop sign proximity, DelDOT's approval, and the metering effect of pharmacy service. Chief Moyer confirmed the intersection is not high accident-prone. Roll call vote: 5 yes (O'Neill, Mason, DeSova, Presley, McKee) and 1 no (Conn). Motion passed.

Land Use and Property Items

• Election Board Appointments: Fay Lingo, David Mitchell, and Durb (Darwin) Hall were appointed to the election board; Hall previously served as an alternate. Motion passed.
• Lenoir Water Distribution System Loop at Plantation Lakes: Town staff reported the fourth alignment version, which avoids routing under the pond, providing redundancy at lower cost. No easements are required. David Steeles (LARP) confirmed the route is easier and shared-cost. Lenard proposed abandoning the loop in exchange for park credits, but staff rejected this because redundancy is needed to prevent catastrophic water service failure. Informational only, with cost proposals to be presented to council.
• Partition of Town Parcel (Washington Street & West Railroad Avenue): Parcel 133-17.13-143.00, across Ellis Street from the police department (part of the police parcel but not physically connected, with an L street between). Council approved partitioning it off via survey, as a potential future sale; the parcel also serves storm drainage.
• DelDOT Utility Easement: DelDOT requests an extended easement near the dog park for electrical and communications infrastructure redundancy. Phase 3 electric already runs through the parcel, and staff found no conflicts with water, sewer, or the pumping station on site. Council approved.

Financial and Tax Matters

• No supplemental tax appeals were filed for this month due to fewer permits issued over the winter. The annual tax roll will be posted this week. Total assessed value of town land and improvements is $1,222,486,800. April is the annual assessment appeal window, with appeals to be heard at the May council meeting.

Key Outcomes

• Gary Mack appointed to council to fill the District 3 vacancy (motion passed; he will resign from the Board of Adjustments on April 13 and be sworn in on May 4).
• Public hearing closed and rezoning of 233-5.00-111.00 from Commercial C to Highway Commercial HC approved, along with the related lot line adjustment.
• Lewis Derry miniature golf preliminary site plan approved.
• Mid-Atlantic Commercial minor site plan amendment approved.
• Pharmacy (AVP Pharma) preliminary site plan approved by a 5-1 roll call vote (Conn opposed).
• Merk parking/site plan tabled pending clarification of whether it is a preliminary or final site plan and review of supporting letters.
• Election board appointments approved: Fay Lingo, David Mitchell, Durb Hall.
• Four CALEA policy revisions approved; remaining revisions tabled.
• Town parcel partition approved to eventually sell surplus land.
• DelDOT utility easement approved.
• Offer for purchase of real estate declined following executive session, via motion near the end of the meeting (10:15 PM).