SUSSEX COUNTY COUNCIL-GEORGETOWN, -JUNE 15, 1976

Call to The regular meeting of the Sussex County Council was held Order on Tuesday, June 15, 1976 at 10:00 A. M. with the following members present:

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

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

M 333 76 A Motion was made by Mr. Hill, seconded by Mr. Benson, to Minutes appro~e 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: Town of Bethel, Inc. Re: Thanking the Council for their grant from Revenue Sharing funds.

Laurel Senior Center, Inc. Re: Presenting the Council with a certificate which makes the Council an honorary shareholder in the new Laurel Senior Center.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Statements of findings that were prepared on the maintenance dredging of the Mispillion River, manintenance dredging of the Murderkill River and beach fill of the Broad­ kill Beach.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Lawrence G. and Pearl F. Nygren, Point Farm, Dagsboro, Delaware, for a Department of the Army permit to construct a bulkhead along the existing mean high water line, a pier and to place piling in Vines Creek, Dagsboro, Sussex County, Delaware.

Claud L. Tease, Associate Judge of the Superior Court of the State of Delaware. Re: Giving a status report of recent events in the Prothono­ tary' s office.

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M 334 76 A Motion was made by Mr. Workman, seconded by Mr. Cole, that Civil Mr. W. Ellingsworth, Civil Defense Director, be authorized Preparedness to attend a Civil Preparedness Planning workshop to be Planning held June 21-23, 1976 at the Sheraton Inn, Newark, Delaware. Workshop Motion Adopted; 5 Yea. Vote by Roll Call: Mr. Benson, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Cannon, Yea

G.E.M.S.A.C. The Council agreed that a letter should be sent to Dr. William Duncan, Chairman of the Governor's Emergency Medical Services Advisory Council, advising him that on June 25, 1974 the Council passed Motion No. M 324 74 supporting an Emergency Medical Services System for Sussex County.

G.E.M.S.A.C. The Council agreed that a letter should be sent to Sherman W. Tribbitt, Governor of the State of Delaware, requesting him to amend Executive Order No. 9 to include a designee of the Sussex County Council's choice to serve on the Governor's Emergency Medical Service Advisory Council. If Governor Tribbitt amends this Executive Order No. 9, Mr. W. Ellingsworth, Civil Defense Director, will be the choice of the Council.

County Mr. W. Ellingsworth, Civil Defense Director, reported to Switchboard the Council that the telephone company will proceed with the moving of the County Switchboard from the Family Court Building to the Courthouse as soon as the new equipment becomes available.

State Mr. P. Ellingsworth, Personnel, Manpower, and Safety Director, Credit reported to the Council that the meeting regarding member­ Union ship into the State Credit Union has been changed to June 25, 1976 at 9:30 A. M.

Soda The Council agreed that a soda machine at the airport that Machine is not in use can be moved to the second floor of the Court­ house.

M 335 76 A Motion was made by Mr. Benson, seconded by Mr. Hill, that Off ice Mr. Carey, Finance Director, be authorized to purchase one Equipment section of book shelf for the Assessment Division at a cost of $420.00. Motion Adopted; 5 Yea.

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M 335 76 Vote by Roll Call: Mr. Benson, Yea; Mr. Cole, Yea; Cont. Mr. Hill, Yea; Mr. Workman, Yea; Mr. Cannon, Yea

Pension Mr. Carey, Finance Director, reported to the Council that Fund we have a contract with the Wilmington Trust Company for the pension fund trustee.

Money Mr. Carey, Finance Director, reported to the Council that Borrowed $1,115,000.00 for water and sewer expenses has been borrowed from the Wilmington Trust Company at a rate of four percent.

Project of Mr. Conaway, County Administrator, reported to the Council S.C. Bicen­ that the Council has received a copy of "Visiting Sussex tennial Even If You Live Here". This guide is a project of the Committee Sussex County Bicentennial Committee and copies can be pur­ chased at a cost of $3.95.

Beach Mr. Conaway, County Administrator, reported to the Council Passes that during the past week 400 beach passes were issued to residents and seventeen to non-residents.

M 336 76 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Town of the Town of South Bethany can change the purpose of the South allocation of their 1976 Revenue Sharing grant and be used Bethany for the purchase of a new town police car. Motion Adopted; 5 Yea.

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

M 337 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Committee Edward G. Bounds, Jr. be appointed to the Sussex Committee of 100 of 100. Motion Adopted; 5 Yea.

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

Trash The Council agreed that Mr. Conaway, County Administrator, should further pursue a solution to the problem of trash being dumped outside of "Pitch-In" barrels in lieu of trash being taken to the landfills.

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M 338 76 A Motion was made by Mr. Hill, seconded by Mr. Cole, that Educational Mr. Conaway, County Administrator, be authorized to proceed Signs to with having educational signs to landfills made at a cost Landfills of $500.00. Motion Adopted; 5 Yea.

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

Revenue Mr. Conaway, County Administrator, reported to the Council Sharing that the Revenue Sharing bill is now an Act of Congress as it was passed on June 10, 1976.

M 339 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Priority the following priority list be established for planned pro­ List for jects and the costs are approximate: Planned Projects 1. Family Court Renovations $ 45,000.00 2. Nanticoke Dredging 45,000.00 3. Maintenance Building - Airport 30,000.00 4. Spill Trailer 12,000.00 5. Jet Fuel Facility 25,000.00 6. Safety Improvements - Airport 16,000.00 7. Parking Lot Paving and Sidewalks 15,000.00 8. Roof and Painting - Engineer's Office 5,000.00

Motion Adopted; 5 Yea.

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

Recess At 10:53 A. M. the Council recessed.

At 11:00 A. M. the Council reconvened.

Bids for The following bids were received for the operation and Operation & maintenance of Landfill No. 1 from August 12, 1976 to Maintenance August 11, 1979: of Landfill No. 1 Earth Movers, Inc. $70,463.27 per yr. Hudson Transfer & Construction Co., Inc. 80,100.00 per yr.

The above bids will be reviewed by Mr. Henry, County Engineer, and a recommendation made at a later date.

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Identif ica­ The Council agreed that Mr. Conaway, County Administrator, tion of should check into how the Courthouse can be identified and Courthouse and what the cost would be to have this done.

M 340 76 At 11:09 A. M. A Motion was made by Mr. Benson, seconded Recess by Mr. Hill, to recess until 1:30 P. M. Motion Adopted by Voice Vote.

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

PUBLIC HEARINGS:

C/U #354 Action was deferred on C/U #354 - An application of Dennard F. Quillen to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Lewes/Rehoboth Hundred for a Travel Trailer Park located on the west side of Route 273, 1.3 miles south of Route 14, and to be located on a parcel containing 26.6 acres more or less.

Recess At 3:30 P. M. the Council recessed.

At 3:36 P. M. the Council reconvened.

M 341 76 A Motion was made by Mr. Hill, seconded by Mr. Cole, to con­ C/U #355 cur with the recommendation of the Planning and Zoning Com­ mission and approve C/U #355 - An application of Samuel L. Phillips T/A Phillips Building Supply to consider the Con­ ditional Use of land in an AR-1 Agricultural Residential District in Little Creek Hundred for a Store for Sale of Hardware and Building Supplies located on the west side of Route 498, 4,000 feet north of Route 24, and to be located on a parcel containing 29,584 square feet more or less. Motion Adopted; 5 Yea.

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

C/U #356 C/U #356 - An application of Loran Smith and Esta to consider the Conditional Use of land in an AR-1 Agricultural Resi­ dential District in Gumboro Hundred for a Chicken House on Less Than Five (5) Acres located on north side of Route 64, 1.1 miles west of Route 26, and to be located on a parcel 80' x 550' more or less, - was withdrawn.

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C/U #357 Action was deferred on C/U #357 - An application of William M. Walton to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Georgetown Hundred for a Mobile Home Park located on the east side of Route 113, 160 feet south of Route 213, and to be located on a parcel containing 11.77 acres more or less.

M 342 76 A Motion was made by Mr. Cole, seconded by Mr. Benson, to C/U #358 concur with the recommendation of the Planning and Zoning Commission and approve C/U #358 - An application of Ocean Wave Hall, Inc. to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Lewes/Rehoboth Hundred for a Private Lodge located 2,000 feet north of the dead end of Route 271, and to be located on a parcel con­ taining one acre more or less. Motion Adopted; 5 Yea.

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

M 343 76 A Motion was made by Mr. Hill, seconded by Mr. Cole, to con­ C/U #359 cur with the recommendation of the Planning and Zoning Com­ mission and approve C/U #359 - An application of Bunting Furniture Stripping and Refinishing to consider the Condi­ tional Use of land in an AR-1 Agricultural Residential Dis­ trict in Georgetown Hundred for a Furniture Refinishing and Stripping Shop located on the northeast corner of Route 48 and Route 321, and to be located on a parcel containing one acre of a six-acre tract more or less. Motion Adopted; 5 Yea.

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

M 344 76 A Motion was made by Mr. Cole, seconded by Mr. Workman, to C/U #360 concur with the recommendation of the Planning and Zoning Commission and approve C/U #360 - An application of Peter A. Economos to consider the Conditional Use of land in a MR Medium Density Residential District in Baltimore Hundred for a Motel and Restaurant located on the west side of Route 14, approximately one mile south of Indian River Inlet, and to be located on a parcel containing 1.418 acres more or less. Motion Adopted; 5 Yea.

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

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C/U #361 C/U #361 - An application of Richard D. Zook to consider the Conditional Use of land in a GR General Residential District in Cedar Creek Hundred for a Convenience Store with Gas Pumps located on the northeast corner of Route 14 and Route 224B, and to be located on a parcel containing one acre more or less - was withdrawn.

M 345 76 A Motion was made by Mr. Workman, seconded by Mr. Hill, to C/Z #276 concur with the recommendation of the Planning and Zoning Commission and approve C/Z #276 - An application of Kenneth Evans and Andrea to amend the Zoning map by changing the following area from UR Urban Residential to UB Urban Busi­ ness in Dagsboro Hundred, located in the Town of Frankford on the southeast side of Thatcher Street, containing 1.14 acres more or less. Motion Adopted; 5 Yea.

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

M 346 76 A Motion was made by Mr. Cole, seconded by Mr. Workman, that A 003 76 to the following proposed amendment to Ordinance No. 1 be adopted: Ordinance No. 1 AMEND: Article 11, Section 13, Paragraph 2 by adding a sentence:

"2. At locations where the primary dune exists as a continuous and clearly defined natural coastal formation, the center of same shall, for purpose of this section, be the "dune line". Where the primary dune as a natural coastal formation has ceased to exist, or only broken remnants re­ main, then the County Engineer shall establish a "dune line". For purposes of building setback, the "dune line" so estab­ lished shall never be less than 300 feet from average low water mark."

Motion Adopted; 5 Yea.

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

M 347 76 A Motion was made by Mr. Cole, seconded by Mr. Benson, that A 004 76 to the following proposed amendment to Ordinance No. 1 be adopted: Ordinance No. 1 AMEND: Article 11, Section 13, Paragraph 6(a) by adding the following words: "or 330 feet landward from the average low water mark"

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M 347 76 ''{a) All buildings, parking areas and unloading areas Cont. shall be a minimum of 30 feet landward from the dune line or 330 feet landward from the average low water mark where the primary dune as a natural coastal formation has ceased to exist. The additional yard requirement for buildings of more than two (2) stories, shall be added thereto."

Motion Adopted; 5 Yea.

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

M 348 76 A Motion was made by Mr. Cole, seconded by Mr. Workman, that A 005 76 to the following proposed amendment to· Ordinance No. 1 be adopted: Ordinance No. 1 AMEND: Article 11, Section 4 by adding Paragraph 6.

PURPOSE: To insure public access and public use of re­ creational beaches in Sussex County

"6. In any part of the County where a High Density Zone is allowed, the developer, as a condition to the issue of building permits and the rezoning shall dedicate the area adjacent to natural bodies of water to public use and shall grant an easement to said areas. An applicant for rezoning to High Density shall include in his application the neces­ sary documents to carry out these requirements.

The area adjacent to a natural body of water reserved for public use, shall be from the low water mark to an es­ tablished dune line where one exists; shall be no less than three hundred feet from the low water mark; and shall be totally free of any structure of the applicant/developer.

The right of way and easement to the dedicated area ad­ jacent to a natural body of water shall be fifty feet in width. Said right of way and easements shall extend from the nearest County or State road to the dedicated area. These fifty foot parcels shall be required so as to conform to a master land use plan approved by the County Council. Where two applicants request zoning for adjacent tracts, they may meet these requirements by joint dedication.

Land so dedicated, for public use, shall not affect the residential unit per acre ratio of a High Density Zone and will be included in the total area for computing the number of allowable units in a town house or multi-family develop­ ment."

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M 348 76 Motion Adopted; 5 Yea. Cont. Vote by Roll Call: Mr. Benson, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Cannon, Yea

M 349 76 A Motion was made by Mr. Benson, seconded by Mr. Hill, that Applications the Moratorium on the accepting of applications for high for High rise permits in the HRl and HR2 Multi-Family Residential Rise permits Districts (Motion No. M 142 76) be lifted. Motion Adopted; 5 Yea.

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

South Coast­ The Council agreed that the South Coastal Land Use Plan will al Land Use be taken under consideration at the next meeting. Plan

M 350 76 At 3:55 P. M. a Motion was made by Mr. Benson, seconded by Adjournment Mr. Cole, to adjourn. Motion Adopted by Voice Vote.

Respectfully submitted,

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