Millsboro Town Council Meeting - October 5, 2026

The Millsboro Town Council met on Monday, October 5, 2026. No agenda or minutes were provided with the source transcript. The council completed routine approvals, heard department and public comments, approved a final site plan and a street closure, authorized a large grant application, and discussed state housing legislation, personnel committee structure, and Cupola Park bulkhead repairs. Councilmember Conn was initially not present and was listed as on the way.

Routine Approvals / Consent Calendar

• The council approved the meeting agenda by voice vote; none opposed.
• Approved the minutes of the September 8 council meeting as presented.
• Approved paying bills from designated accounts as presented in the meeting package.
• Approved second-quarter supplemental tax billing for assessment changes from July through September. Accounts owing $5 or more will be billed, totaling $20,114; 22 properties with changes under $5 will receive notice but no bill. The billing excludes lot combinations and subdivisions.

Public Comments & Testimony

• Mark Kalpis, a Plantation Lakes resident, asked the council for action on serious soil erosion, missing required topsoil, and release of developer performance bonds. He said the Sussex Conservation District documented deficiencies and violations since 2014 and that he has waited since moving in in 2018 for fixes. He asked the town to review approved plans, inspection records, and certifications about the required six inches of topsoil and who verified compliance. He said current corrective work by the builder Lenar was only seeding over a thin topsoil layer without matting or hay, and warned residents could be stuck with repair costs if bonds are released. He also said his neighborhood pays a special tax bond and asked whether council members who live in the development would act.
• A resident, Mr. Sharpler, asked to take up unfinished business that was not on the agenda. The town solicitor said the item could not be added under FOIA except for an emergency, and the council agreed to put it on the next month's agenda.

Departmental Reports

• Fire Company: Councilman O'Neill reported at least eight fire prevention events by the end of the month, including East Millsboro Elementary and Howard TNS; four football standbys; and the 100th anniversary celebration on October 17 from 11 a.m. to 3 p.m.
• Police Department: Chief Steve Moyer reported on the 9/11 ceremony, the police advisory committee's new chair, Kerrilli Khan, the community satisfaction survey, and 2027 goals. A council question about September overdose/Narcan data led to the explanation that seven events were reported and two involved Narcan administration, one by a Millsboro officer who will receive a lifesaving award and one by EMS. The chief said drug offenses are up largely because of proactive enforcement and the canine unit, and endangering-the-welfare-of-a-child charges are commonly connected to domestic incidents with children present.

Site Plan, Street Closure, and Resolutions

• Title Health Revised Final Site Plan: The council approved the revised final site plan for tax parcel 133-11.00-5.01 on Route 113. Kenneth Yusuf of Morrison Richie Associates said all agency approvals were in hand. One council member expressed disappointment about removal of mature trees; the applicant said DelDOT may allow replanting in safe areas and planned road widening was a factor. The motion passed by voice vote. An estimated opening date of June or July was mentioned.
• Fire Company street closure: Approved closing Morris Street between East State and Dodd on October 17 from 9 a.m. to 4 p.m. for the fire company's 100th anniversary event. Police said DelDOT had been coordinated with; motion passed.
• Radish Road speed reduction: A resolution to request a 25 mph speed limit on Radish Road from Delaware Avenue to Mumford Road was discussed but not adopted. Council members noted part of the road is outside corporate limits, debated whether a 35 mph segment should follow a 25 mph stretch around Summerton Chase, and agreed the wording needed clear start and end points. It was referred back to the DelDOT committee.
• Outdoor Recreation Legacy Partnership grant: The council approved a resolution authorizing the town to apply for the ORLP grant through the National Park Service and DNREC. Staff said the application is for a new all-inclusive park, with project cost estimates in the $5 million to $8 million range and no binding local match at this stage. Award decisions are expected around May 2027, with construction not before May 2028. The deadline to get the application to the state was that week. Council discussion noted the town's lack of public tennis and pickleball courts, a prior $75,000 concept-design grant, interest in soccer and pickleball, and the possibility of USTA funding for tennis courts. Matching funds would require a future budget decision. Motion passed by voice vote; no one opposed.

State Housing Legislation - SB 23 and HB 450

• Council members and the town solicitor reviewed the status of Senate Bill 23 and House Bill 450. State officials had provided little concrete guidance on key terms, including Area Median Income, the definition of by-right development, administrative approval authority, and variance criteria.
• The council was told the state treats all municipal land as a growth area, requires by-right applications to move through administrative review without public hearings, and limits public comment to written submissions. Council members raised FOIA, ADA, and due-process concerns.
• House Bill 450 requires the town to adopt residential growth-area density requirements, including at least four units per acre for single-family homes and higher minimum densities for other housing types, by June 1, 2027, relying on guidance from the Delaware State Housing Authority that has not yet been issued.
• The town solicitor advised that, until the town develops a compliant new process, new subdivision applications should not be processed under either the old public-hearing process or the still-undefined administrative process, creating a de facto moratorium. A formal moratorium resolution could be placed on a future agenda but was not voted on this evening. The solicitor also offered to prepare an interim statement for applicants. A pending annexation committee meeting involving the former Raw property was scheduled for Thursday at 9 a.m. and raised separate split-zoning issues; no annexation decision was made.

Personnel Committee Discussion

• Councilman Presley proposed changing the three-member personnel committee to a committee of the whole so all council members share oversight of personnel matters and executive-session information. He argued personnel costs can represent a large share of the budget and that the current committee's executive-session work is not transparent enough.
• Other members raised concerns that a seven-member personnel committee would eliminate existing checks and balances in the employee grievance process, remove the intermediate appeal step before the full council, expose employees to more people, and create potential liability. The town solicitor noted the employee handbook may need to be amended if the committee's role or size changes and recommended consulting the town's employment law attorney.
• The council tabled the proposal until a more concrete approach can be developed; staff will make sure any eventual change is reflected in the personnel manual.

Cupola Park Bulkhead Repair

• The council discussed Cupola Park after severe flooding from a nor'easter. Members described the wooden bulkhead as fragile and noted the most serious damage may be below the waterline. The June 2023 Verdantis condition assessment was included in the meeting materials; the best-protection estimate was about $2.1 million in 2023 dollars, plus escalation.
• Council members discussed coordinating bulkhead replacement with dredging, seeking help from Sussex County and the Army Corps of Engineers, and the recently announced $14 million federal dredging allocation for the Indian River and other channels, which was not expected to reach Millsboro. DNREC's dredging program was described as unreliable. Several members said dredging alone will not stop flooding because water seeks its own level, and raising the bulkhead could push flooding elsewhere.
• Grant funding was discussed, including a FEMA BRIC grant for engineering that was previously pulled but had returned to soft approval status, and possible future budget decisions. No formal action was taken.

Key Outcomes

• Approved the agenda, September 8 minutes, and designated-account bills.
• Approved the Title Health revised final site plan.
• Approved the Morris Street closure for October 17, 9 a.m. to 4 p.m.
• Referred the Radish Road speed reduction back to the DelDOT committee; no vote.
• Authorized submission of the ORLP grant application.
• Tabled the personnel committee committee-of-whole proposal; the solicitor will prepare interim guidance on subdivision applications, and a formal moratorium may appear on a future agenda.
• Approved supplemental tax billing for amounts over $5.
• Withdrew the executive session item; no executive session was held.
• A resident who said his unfinished business had been carried from the previous month was told it was not on the posted agenda and was asked to return next month; the item was placed on the next agenda.