During public comment at a regular meeting of Milford City Council, Julie Morris informed council that she had filed a formal ethics complaint with the Public Integrity Commission alleging that Mayor Todd Culotta accepted high-value VIP seats to a NASCAR event at Dover Downs from Brendan Warfel, the chairperson for the city’s Board of Adjustments. Morris alleges the gift represents ethical concerns at the highest level.
“This is a textbook conflict of interest, violating Delaware’s gifts laws and eroding public trust. It is impossible for the public to believe that the decisions are impartial.”
An email sent to the City Clerk outlined the demands Morris was making and described her concerns with a proposed townhome development on Truitt Avenue. On March 13, the Board of Adjustments approved 32 variance requests for the project, the majority of which were small setback and lot size requirements. Two related to the proximity of wetlands which will not have buildings but will be platted.
“Developer Matthew Feindt has been given 32 separate variances, gutting Milford’s zoning code, flood protections and environmental safeguards,” Morris said. “FEMA’s own maps show parts of this project inside Zone A, and directly in the FEMA designated floodway, the most hazardous part of the floodplain. In this area, residential construction is prohibited unless you prove no rise in flood levels, an almost impossible bar and for good reason.”
Morris continued, pointing out that the project violated wetland buffers, sidestepped rezoning processes and lacks DNREC approval and ignores open space requirements by counign wetlands and the floodplain as recreational areas. A review of the preliminary major subdivision report provided by Rob Pierce at Monday’s meeting, DNREC had no comment on the report which means they saw nothing the developer needed to do to meet DNREC standards. There were suggestions made by Kent Conservation District regarding retainment ponds and some of the lots near the wetlands. The developer stated that he had adjusted the plan to address those comments.
“The Board of Adjustments has repeatedly enabled this kind of behavior, acting as a rubber stamp for developers rather than a safeguard for the public,” Morris said. “That is why I request the council move to remove the entire Board of Adjustments for dereliction of duty. The demand is supported by the petition and documents filed with the City Clerk. The unresolved ethical concerns all point to one conclusion, that the process is broken. We urge you to halt new developments, remove the Board of Adjustment and restore integrity to the city’s decision making.”
The email sent to the City Clerk stated that, on August 11, Morris had submitted a notarized complaint to the Delaware Public Integrity Commission alleging that Culotta accepted the NASCAR tickets from Warfel. She cited Delaware code regarding the rules on the accepting of gifts by public officials.
“Under 29 Del. C §5806(b), a public official must not accept anything of monetary value if it may result in the impairment of independence of judgement in the exercise of official duties,” the email reads. “An undertaking to give preferential treatment; the making of government decisions outside official channels; or any adverse effect on the confidence of the public in the integrity of government.”
Morris alleges that because Warfel is the chair of the Board of Adjustments and a contractor in Milford, the tickets directly implicates them the statutory prohibitions and creates the appearance of a conflict of interest.
“I further request that Council immediately suspend Mr. Warfel from the Board of Adjustment pending the outcome of the Public Integrity Commission’s investigation,” Morris wrote. “I also submitted a FOIA request (2025-54) seeking evidence of gifts to the mayor and other officials. The City denied this request, citing privacy exemptions and provided no documentation confirming or disproving such gifts. This lack of transparency compounds the appearance of impropriety.”
Morris stated that if the city did not voluntarily produce the records, she would appeal to the Delaware Attorney General, stating that the information be disclosed within ten business days.
“I respectfully request that the city immediately halt approvals and permitting for the Truitt Avenue project pending full environmental, legal and ethical review; remove all current members of the Board of Adjustments for dereliction of duty, with a public vote no later than the next scheduled council meeting,” Morris wrote. “Require public disclosure of any gifts, tickets or benefits received by elected officials and board members from contractors or applicants before the city, retroactive to at least January 1, 2020; cooperate fully with the Delaware Public Integrity Commission investigation into my ethics complaint; and engage an independent third-party investigator to review Board of Adjustment decisions and report findings within 60 days.”
Culotta brushed off Morris’ complaints, stating there was no conflict of interest.
“Brendan was the Board of Adjustment chair long before I ever came on council and we have been friends for years,” Culotta said. “The tickets to the race were not a gift. Julie Morris does not live in city limits and inundates the city with at least ten FOIA requests a week, taxing our clerk’s department. When we tell her the cost of fulfilling that complaint, she claims we are denying her request. Under the law, we are permitted to charge her for the clerk’s time and we have done so.”
Culotta stated that Warfel was a bidder on a recent pole barn that will be constructed behind the police department. As mayor, he only votes in a tie and there was not one on that project. That has been the only project that Warfel’s company bid on since Culotta won the mayor’s seat.
“I have no control over what the Board of Adjustment does, nor do they have any control over what council does,” Culotta said. “There is no influence either way and her accusations are unfounded and false. Since she does not live in the city, her comments should not be taken seriously.”
As with anyone who makes public comment at council meetings, Morris stated her address as 72 Cedar Beach Road. According to the city’s interactive ward map, this is within city limits and is located in Ward 3.
Now that a formal complaint has been filed, the Public Integrity Commission will conduct an investigation to determine if there is a violation. If a violation is determined, an administrative hearing will be held. If that hearing determines that there was a violation, the information becomes public while if no violation is found, the case can be dismissed. If it is found that there was an ethics violation, Warfel and Culotta could face administrative sanctions and decisions made could be vacated.
