SUSSEX COUNTY COUNCIL-GEORGETOWN, -JULY 1, 1975

Call to The regular meeting of the Sussex County Council was held Order on Tuesday, July 1, 1975 at 10:00 A. M. with the following members present:

Ralph E. Benson President John T. Cannon, Sr. Vice President Charles W. Cole Member Oliver E. Hill Member W. Howard Workman Member

The meeting was opened with the repeating of the Lord's Prayer and the Pledge of Allegiance to the flag.

M 304 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, to Minutes approve the minutes of the previous meeting as presented. Approved Motion Adopted by Voice Vote.

Corre­ The following correspondence was read by Mr. Betts, County spondence Solicitor:

John P. McAdams. Re: Requesting help in getting a reply from the H. L. Yoh Company regarding reappraisals. The above correspondence was referred to Mr. Carey, Finance Director.

Bi-County Adult Center in Milford. Re: Newsletter of July, 1975.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Elmer L. Marvel, Rt. #2, Box 56, Dagsboro, Delaware, for a Department of the Army permit to maintain existing structures and to perform maintenance dredging in a lagoon in Vines Creek along State Route 341B, Dagsboro, Sussex County, Delaware.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Edmund X. Klipa, #4 Pine Road, Keenwick, Selbyville, Delaware, for a Department of the Army permit to construct a bulkhead and dock in a lagoon in Roy Creek along Pine Road, Keenwick, Sussex County, Delaware.

Department of the Army, Philadelphia District, Corps or En­ gineers. Re: Application by the Delaware Department of Natural Re­ sources and Environmental Control, Edward Tatnall Building, Dover, Delaware, for a Department of the Army permit to fill

-1- July 1, 1975

Corre­ an area and construct boat ramps, piers and place floating spondence docks in the Broadkill River on the easterly side of State Cont. Route 264, Sussex County, Delaware.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Richard Elmore and Sidney Klotz, 1864 Rockville Drive, Baldwin, New York, for a Department of the Army permit to construct a bulkhead and excavate a boat slip in a lagoon in Roy Creek along Crab Bay Lane, Keenwick West, Sussex County, Delaware.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Harry Squatrito, 20 Ardmore Road, Newark, Delaware, and William A. Smith, 10524 Saint Paul Street, Ken­ sington, Maryland, for a Department of the Army permit to construct bulkheads and fill areas in Assawoman Bay along Hayes Avenue, Fenwick Island, Sussex County, Delaware.

M 305 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Acting Civil Mabel Givens be appointed as Acting Civil Defense Director. Defense Motion Adopted; 5 Yea. Director Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Call Mr. Conaway, County Administrator, reported to the Council Board that a generator has been moved to the side door of the Family Court Building to be used by the Call Board in case of emergency. The Custodians and Security Guards will be instructed how this generator is to be started when needed.

Call Board Mrs. Givens, Acting Civil Defense Director, reported to the Report Council that for the month of June there were 1,347 calls and 2,611 messages were received, 1,179 messages sent, making a total of 5,137.

M 306 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, that Employment Laurence K. Stevenson be transferred from Engineering Aide and Trans­ to Custodian at a salary of $6,049; Frank C. Metzner be trans­ fers of ferred from Engineering Aide to Custodian at a salary of Employees $6,049; Alfonzo Stewart be transferred from Custodian to Landfill Manager at Landfill No. 5 at a salary of $6,519; Carol Townsend be employed as Secretary-Administrative at a salary of $6,204; Lester Turner be employed as Sewerage

-2- July 1, 1975

M 306 75 Plant Operator at a salary of $10,000; Robert Spear be em­ Cont. ployed as Assessor I, replacing Paul Spear, at a salary of $7,541, Douglas Stancell be employed as Custodian, replacing Alfonzo Steward, at a salary of $5,628; Everett Toomey be employed as Landfill Constable, replacing Chester Morris, at a salary of $7,924; and that the employment of Madison Adams as Landfill Manager of Landfill No. 1 be extended for a period not exceeding the next pay period. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Title II Mr. Ellingsworth, Personnel, Manpower and Safety Director, Monies reported to the Council that he has been notified that it is definite that Sussex County will receive $128,588.00 under Title II. A plan has been submitted as to how these monies will be used and Mr. Ellingsworth has recommended that seven­ teen positions be created in Sussex County, with five of these positions being at the sewer plant when it starts oper­ ation.

Insurance The Council instructed Mr. Carey, Finance Director, to ad­ on Hangar vertise for bids on insurance on the hangar building in the Building amount of $100,000.00 (the same as last year).

Investment Mr. Carey, Finance Director, reported to the Council that Building Fund monies in the amount of $160,000.00 have been reinvested with the Wilmington Trust Company for a period of six months at the rate of seven percent.

M 307 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Monies Mr. Carey, Finance Director, be authorized to borrow monies Borrowed to be used for the payment of sewer bills in the amount of $418,000.00 for a period of sixty days. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Auditor The Council instructed Mr. Carey, Finance Director, to ad­ vertise for bids for an auditor for the fiscal year ending June 30, 1976, with specifications as to what Mr. Carey ex­ pects included in the audit and what he feels the Council expects included in the audit.

-3- July 1, 1975

Rail Spur Mr. Henry, County Engineer, reported to the Council that regarding an application to Farmers Horne Administration for a grant in the amount of $95,000.00 for assistance on the rail spur, it would be necessary for an agreement to be signed that no tenanats would be recruited for a period of three years that would be a relocation. It was agreed that the County should not pursue this further under these condi­ tions.

Vertical Mr. Benson, President, signed the contract with Edward H. Survey Richardson Associates, Inc. for a vertical survey control Control for the installation of sanitary sewers in the Bethany Beach Sanitary Sewer District, Contract No. C-10-56.

M 308 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Resident a contract with Edward H. Richardson Associates, Inc. for Inspection resident inspection services for the Sanitary Sewers, Bethany Services Beach Sanitary Sewer District, contract No. C-10-56, and Force Mains for the South Coastal Regional Wastewater Faci­ lities, contract No. C-10-88-2, be signed. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Dewey Beach Mr. Benson, President, signed the contract with Pittsburgh­ Elevated DesMoines Steel Company for the Dewey Beach Elevated Water Water Tank Tank, contract No. C-10-55-2.

Bethany Mr. Henry, County Engineer, read the following Mailgrarn: Beach Sanitary THE BIDDING PROCEDURES FOR CONTRACT NO. C-10-56 COVERED Sewers UNDER PROJECTS C-100056-01 AND C-100088-01 HAVE BEEN RE­ ·Project VIEWED AND ARE APPROVED. THE CONTRACT MAY NOW BE AWARDED TO THE LOW RESPONSIVE BIDDER (BRODESSOR AND LEPOR) AS IN­ DICATED BY THE PROPOSAL YOU HAVE SUBMITTED. LETTERS FOLLOWS. FRED B. GRANT PE DUTY DIR GRANTS COORDINATION DIV ENVIRONMENTAL PROTECTION AGENCY, CURTIS BUDG., 6TH & WALNUT ST. PHILADEL. PA.

Mr. Betts, County Solicitor, stated that in his opinion the contract on the Bethany Beach Sanitary Sewers project, EPA Grant No. C-100056, Sussex County Contract No. C-10-56, should be awarded to the low bidder based on the facts that we have already accepted the low bid, subject to the approval of EPA and this approval has been received, and the issues raised

-4- July 1, 1975

by the second low bidder have been resolved in favor of the low bidder by EPA and the Department of Labor. Mr. Harry Milton, President of Residex Corporation, appeared before the Council and requested that all bids on Bethany Beach Sanitary Sewers project be rejected and the project be rebid due to the fact that all bidders did not commit themselves to the Delaware Plan.

Mr. Benson, President, signed the contract with Thomas Lepor, Jr. & Son, Inc., and Brodesser Bros., Inc. for the Bethany Beach Sanitary Sewers project, EPA Grant No. C- 100056, Sussex County Contract No. C-10-56.

M 309 75 A Motion was made by Mr. Cole, seconded by Mr. Workman, that 208 Plan the 208 Plan Grant be accepted and that Mr. Henry, County Grant Engineer, be appointed Project Manager. Motion Adopted; 3 Yea; 2 Not Voting.

Vote by Roll Call: Mr. Cannon, Not Voting; Mr. Cole, Yea; Mr. Hill, Not Voting; Mr. Workman, Yea; Mr. Benson, Yea

M 310 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, that 208 Plan Mr. Henry, County Engineer, be authorized to advertise for Office bids on furniture and equipment for the 208 Plan office. Motion Adopted; 4 Yea, 1 Not Votin·g.

Vote by Roll Call: Mr. Cannon, Not Voting; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Landfills Mr. Henry, County Engineer, reported to the Council that the list of acceptable and unacceptable materials that can be put in the landfills, which was requested, has been taken care of. Mr. Conaway, County Administrator, reported to the Council that he had received a memo on this and copies will be given to the Council next week.

Sussex Aero Mr. Conaway, County Administrator, reported to the Council Maintenance that Sussex Aero Maintenance will continue to operate at the airport until there is a contract, ~iththe County paying the insurance and all utilities, except the telephone, but pay­ ing no salaries.

M 311 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, that Library Florence Gibson be appointed to the Library Advisory Board, Advisory replacing Ruth Mitchell, due to the fact that Mrs. Mitchell Board -5- July 1, 1975

M 311 75 is a resident of Kent County instead of Sussex County. Cont. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Bicentennial Mr. Conaway, County Administrator, submitted to the Council Committee copies of the Sussex County Bicentennial Committee minutes of May 19, 1975.

Sussex Mr. Conaway, County Administrator, submitted to the Council County copies of a letter from John D. Daniello, Secretary of the Library Department of Community Affairs and Economic Development, System regarding federal funds sent to Sussex County in the amount of $20,369.00 to develop administrative and management ser­ vices for the Sussex County Library System.

Legislative Mr. Conaway, County Administrator, submitted to the Council Bills copies of a letter from Harry E. Derrickson, State Represen­ tative, regarding House Bill No. 493 that has passed the House and is now in the Senate; and regarding the problem of the fire company representatives not being included in the "helicopter bill".

News Release Mr. Conaway, County Administrator, submitted to the Council copies of a News Release from William V. Roth, Jr., United States Senator, regarding a bill introduced by Senator Roth that would direct the U. S. Postal Service to issue a special postage stamp commemorating Return Day in Georgetown, Dela­ ware.

Sussex Mr. Conaway, County Administrator, submitted to the Council Heritage copies of the minutes of the Sussex Heritage Festival of Festival June 12; 1975.

M 312 75 A Motion was made by Mr. Cannon, seconded by Mr. Hill, that Employment Violet Pepper be employed as Permanent Part Time Deputy in the office of the Sheriff instead of being a part-time em­ ployee. Motion Adopted; 4 Yea, l Not Voting.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Not Voting

-6- July 1, 1975

M 313 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, that Bicentennial Catherine Prettyman be appointed to serve on the Bicenten­ Committee nial Committee, replacing Joseph Black. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Revenue Mr. Conaway, County Administrator, submitted to the Council Sharing copies of letters from the Town of Blades, the Commission­ for Towns ers of Millville, and the Town of Slaughter Beach request­ ing grants from Revenue Sharing for fiscal 1976. These requests will be included in the requests from other towns.

Senate Bill Mr. Conaway, County Administrator, reported to the Council l\Jo. 4 0 2 that Senate Bill No. 402 has passed the Senate and is now in the House.

House Bill Mr. Conaway, County Administrator, reported to the Council No. 507 that House Bill No. 507 has passed the House and is now in the Senate.

House Bill Mr. Conaway, County Administrator, reported to the Council No. 416 that House Bill No. 416 has passed and will go into effect March 1, 1976.

Renovation Mr. Conaway, County Administrator, reported to the Council of Low Cost on the status of the grant application to the Department Homes of Housing and Urban Development for monies to be used for renovation of low cost homes.

M 314 75 A Motion was made by Mr. Cannon to recess until 1:30 P. M. Recess Motion Withdrawn.

Employee The Council agreed that Violet Pepper will be paid at an hourly rate based on the salary of other deputies in the office of the Sheriff.

M 315 75 At 11:45 A. M. a Motion was made by Mr. Cannon, seconded by Recess Mr. Hill, to recess until 1:30 P. M. Motion Adopted by Voice Vote.

-7- July 1, 1975

At 1:30 P. M. the Council reconvened.

PUBLIC HEARINGS:

M 316 75 A Motion was made by Mr. Cannon, seconded by Mr. Cole, to C/U #276 concur with the recommendation of the Planning and Zoning Commission and approve with the stipulation that fencing be required, satisfactory to the Director, C/U #276 - An appli­ cation of Bob Wiley & Sons to consider the Conditional Use of land in an AR-1 Agricultural Residential District in for Propane Gas Storage to be located on the east side of Route 5, at the intersection of Route 255, and containing 2 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

M 317 75 A Motion was made by Mr. Workman, seconded by Mr. Hill, to C/U #277 concur with the recommendation of the Planning and Zoning Commission and approve with the stipulations (1) No parking of cars in front yard unless for sale and operational; (2) Screening of the work area as approved by the Director, C/U #277 - An application of Johnson's Used Cars to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Little Creek Hundred for an Automotive Repair Shop and Used Car Lot to be located on the west side of Route 501, l~ miles north of Route 76, and containing 2.13 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

M 318 75 A Motion was made by Mr. Hill, seconded by Mr. Cole, to con­ C/U #278 cur with the recommendation of the Planning and Zoning Com­ mission and approve with the stipulation that the general location will conform with the plot and the size of the building to be 30' x 48', C/U #278 - An application of Paradee Oil Co., to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Lewes and Rehoboth Hundred for an Addition to the Office and to con­ struct a New Storage Building to be located on the west side of Route 269, 700 feet south of Route 276, and containing 1.148 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

-8- July 1, 1975

M 319 75 A Motion was made by Mr. Cannon, seconded by Mr. Hill, to C/U #279 concur with the recommendation of the Planning and Zoning Commission and the recommendation of the Division of High­ ways that the entrance permit be approved by the State Division of Highways, and approve C/U #279 - An application of Donna's Candle Shop to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Northwest Fork Hundred for a Candle Shop to be located on the southwest corner of Route 18 and Route 404, and con­ taining~ acre within a 7.35 acre tract. Moti on Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

C/U #280 Action was deferred on C/U #280 - An application of A & A. S. R. F. M., King Solomon Lodge #287 to consider the Condi­ t ional Use of land in a GR General Residential District in Lewes and Rehoboth Hundred for a Private Club to be located on the north side of Hebron Road, ~mile east of Route 14, and containing 8,750 square feet more or less.

C/U #281 Action was deferred on C/U #281 - An application of Plast- 0-Products, Inc., to consider the Conditional Use of land in a UR Urban Residential District in Broadkill Hundred for the Manufacturing of Jar Lids to be located on the southwest corner of Route 5 and Route 16, and containing 5,834.5 square feet.

C/Z #251 C/Z #251 - An application of Shawnee Acres Development Corp. to amend the zoning map by changing from AR-1 Agricultural Residential to AR-2 Agricultural Residential in , located on the southwest side of Route 15, ~ mile southeast of the town limits of Milford, and containing 137 acres more or less; was withdrawn by the applicant.

M 320 75 A Motion was made by Mr. Cole, seconded by Mr. Hill, to C/Z #252 concur with the recommendation of the Planning and Zoning and Commission and approve C/Z #252 - An application of Carlton C/Z #253 L. Wilgus to amend the zoning map by changing from MR Medium Density Residential to C-1 General Commercial in , located on the west side of Route 14, 302 feet north of Route 361A, and containing 0.366 acres more or less; and C/Z #253 - An application of Wilgus Associates, Inc., to amend the zoning map by changing MR Medium Density Residen-

-9- July 1, 1975

M 320 75 tial to C-1 General Commercial in Baltimore Hundred, located Cont. on the northwest corner of Route 361A and Route 14, and containing 1.907 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Employee The Council agreed that Violet Pepper will be entitled to the same benefits as a permanent employee of the County.

M 321 75 At 2:30 P. M. a Motion was made by Mr. Hill, seconded by Adjournment Mr. Cole, to adjourn. Motion Adopted by Voice Vote.

Respectfully submitted, r ?~le~ Emogene P. Ellis Clerk of the County Council

-10-