SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-APRIL 15, 1975

Call to The regular meeting of the Sussex County Council was held on Order Tuesday, April 15, 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 192 75 A Motion was made by Mr. Cannon, seconded by Mr. Hill, 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:

Sherman W. Tribbitt, Governor of the State of Delaware. Re: Statement by Governor Sherman W. Tribbitt in observance of Soil Conservation Service Appreciation Week.

Town Council of Ocean View. Re: Recommending that future construction in the coastal areas be a maximum height of thirty-five feet with a density of fifteen dwellings per acre.

Delaware Council on Crime and Justice, Inc. Re: Their annual meeting to be held on May 5, 1975 at 12:00 Noon in the Gold Ballroom of the Hotel du Pont.

Bureau of Aging. Re: Monthly report for the month of March in the Sussex County Office.

National Association of Realtors. Re: Offering their assistance regarding the appraisal of real property in the County.

Community Legal Aid Society, Inc. Re: Expressing their appreciation to the Council for the move of the Community Legal Aid Society, Inc. to 6 North Race Street, Georgetown, Delaware.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Change of the time of the bid opening to 2:00 P. M. on

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Corre­ May 22, 1975 for the leasing of real property of the United spondence States located within the Lewes and Rehoboth Canal, Sussex Cont. County, Delaware.

Federal Communications Commission. Re: Petition for Special Relief in the Matter of Lower Delaware CATV, Inc.

Robert D. Thompson, Chief Judge of the Family Court of the State of Delaware. Re: The change of zoning on property owned by Judge Thompson located in Dewey Beach, Delaware. The above correspondence was referred to Mr. Derrickson, Director of Planning and Zoning.

Ronald F. Dodd, For the Library Committee in lieu of appear­ ance. Re: Requesting that the time of the hearing of the proposed ordinance on establishing a county library system be re­ scheduled from May 6, 1975 at 1:30 P. M. to any date in the evening, and that a workshop with the full Council or a committee thereof be held. The Council agreed that the time of the hearing should not be changed as it has been advertised in compliance with the Statute and that the hearing could be continued if it became evident that it is necessary.

William Swain Lee, County Chairman, Sussex County Republican Executive Committee. Re: A resolution by the Sussex County Republican Executive Committee regarding employees working for the County under the Merit System.

Appraising Thomas Young appeared before the Council regarding a method & Assessing of the appraising and assessing property in the County where­ Property by the assessment and the fire insurance of property would be worked out together.

Town of The Council agreed that the check made out to the Town of Milton Milton for their recreation program could not be remade out to the Milton Recreation Committee as the Town of Milton made the request and are responsible for the disbursement of the funds.

Investment Mr. Carey, Finance Director, reported to the Council that the $600,000.00 from Revenue Sharing Funds has been invested with the Wilmington Trust Company at 6-3/8%.

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M 193 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, Investment that Mr. Carey, Finance Director, be authorized to invest $142,000.00 from the Building Fund for approximately ninety days at the best possible interest. Motion Adopted; 5 Yea.

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

M 194 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Tax Bills & the contract be awarded to Darco for 100,000 Carbonless Tax Envelopes Bills at a cost of $1,740.00 and 100,000 Envelopes at a cost of $964.00, subject to the agreement of a written contract to be prepared by Mr. Betts, County Solicitor. Motion Adopted; 5 Yea.

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

Town of Mr. Sherwin, Civil Defense Director, reported to the Council Blades that a 60 k.w. generator is now available for the Town of Blades.

Civil Mr. Sherwin, Civil Defense Director, reported to the Council Defense that the sand on the parking lot of the Civil Defense Office has not been removed as of this date.

Volunteer Mr. Sherwin, Civil Defense Director, reported to the Council Fireman's that the Sussex County Volunteer Fireman's Association will Assn. hold their monthly meeting on April 22, 1975 at Bridgeville, Delaware.

Sussex Mr. Sherwin, Civil Defense Director, reported to the Council County that he will attend the Sussex County Fire Chiefs' meeting Fire Chiefs' on April 17, 1975 in Greenwood, Delaware.

Emergency Mr. Sherwin, Civil Defense Director, reported to the Council Medical that ~e attended the Emergency Medical Meeting on April 14, Meeting 1975.

County Mr. Conaway, County Administrator, reported to the Council Government that County Government Day for Boys' State will be held on Day April 17, 1975, beginning at 9:00 A. M.

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Personnel Mr. Conaway, County Administrator, reported to the Council Board that an appointment to the Personnel Board is needed due to the fact that Wilson Baker, Chairman of the Personnel Board, is now deceased.

Revenue Mr. Conaway, County Administrator, reported to the Council Sharing that April 15, 1975 was the deadline for receiving requests Funds for Revenue Sharing Funds for fiscal 1976 and that many re­ quests have been received.

Study of Mr. Conaway, County Administrator, reported to the Council Airport at· on a study that was made last summer to determine the feasi­ Rehoboth bility of the airport at Rehoboth Beach becomming a county­ Beach wide airport. The study indicates that the Sussex County Airport meets the requirements to service all of Sussex County, including Rehoboth Beach, thereby negating the need for a new airport to be built.

Railroad Mr. Conaway, County Administrator, reported to the Council Act that a letter has been received from Joseph R. Biden, Jr., United States Senator, thanking the Council for their letter containing statements made at the hearing held in Salisbury, Maryland regarding the Railroad Act.

Industrial Mr. Conaway, County Administrator, reported to the Council Development that a request from Samuel L. Shipley has been received to of County do consulting work for industrial development of the County. This request will be answered the same as the previous similar requests have been.

Fixed Base Mr. Conaway, County Administrator, submitted to the Council Operator copies of an evaluation made by Mr. McKee, Civil Engineer, on the proposals received for the Fixed Base Operator at the Sussex County Airport.

Bicentennial Mr. Conaway, County Administrator, submitted to the Council Committee copies of the minutes of the Bicentennial Committee meeting held on March 20, 1975.

Dredging of Mr. Conaway, County Administrator, reported to the Council Nanticoke that a statement is being prepared to be presented on behalf River of the dredging of the Nanticoke River in Washington, D. C. on April 29, 1975. This statement will be submitted to the Council for their approval before it is presented.

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Information Mr. Conaway, County Administrator, submitted to the Council Brochure copies of the proposed "Informational Brochure".

Wildlife The Council agreed that the Wildlife Refuge money received Refuge on January 21, 1975 will be given to the Cape Henlopen and Money Milford School Districts on the same percentage basis as was given in 1974, with the stipulation that the money is to be used the same as tax money received and not for any special purpose, as the reason they are receiving this money is due to the fact that the Wildlife Refuge area is not taxed.

Bid on The following bid was received on Core Sampling for South South Coastal Regional Wastewater Facilities Outfall, EPA Grant Coastal No. C-100109-01:

Alpine Geophysical Associates, Inc. $24,945.00 Norwood, New Jersey

M 195 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, South that the contract on Core Sampling for South Coastal Re­ Coastal gional Wastewater Facilities Outfall, EPA Grant No. C-100109- 01, be awarded to Alpine Geophysical Associates, Inc. at a cost of $24,945.00. Motion Adopted; 5 Yea.

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

Costs of Mr. Henry, County Engineer, was instructed to project the Sewer Pro­ costs needed for sewer projects for the balance of this jects fiscal year so that a line of credit may be established with a bank in anticipation of the bond money.

Landfills Mr. Henry, County Engineer, reported to the Council that Nos. 2, 3, Landfills Nos. 2, 3, 4 and 5 need fencing to correct the 4 and 5 blowing of paper.

M 196 75 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Change Order Change Order No. 3 to Airpark Phase III for placement of No. 3 to 9,400 square yards of top soil, be approved. Motion Adopted; Airpark 5 Yea. Phase III Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea -5- April 15, 1975

Bids on The following bids were received on South Bethany Sewers, South EPA Grant No. C-100086-01: Bethany Sewers CONVENTIONAL INNOVATIVE CONTRACTOR CONSTRUCTION CONSTRUCTION

Paul N. Howard Company, $2,924,283.00 $3,074,314.00 Greensboro, North Carolina George & Lynch, Inc. 2,846,868.80 3,293,879.20 New Castle, Delaware Dan Bro. Constructors Corp. 3,193,255.00 Scotch Plains, New Jersey Intercounty Construction Corp. 3,918,165.00 Hyattsville, Maryland Residex Corp. 2,821,633.75 3,325,325.25 Marmara, New Jersey Duma, Inc. 3,441,000.00 4,132,700.00 Cherry Hill, New Jersey D Enterprises, Inc. 2,436,330.59 2,652,069.50 Atlantic City, New Jersey Ernest Renda Contracting Co., 2,913,745.00 Inc., Somerville, N. J. Central Construction Company 2,866,522.00 3,262,842.50 Hazlet, New Jersey James Julian, Inc. 3,278,595.28 Wilmington, Delaware

Mr. Herny, County Engineer, will reyiew the above bids and make a recommendation to the Council at a later date.

Job Hours Mr. Ellingsworth, Personnel, Manpower, and Safety Director, Required was instructed to issue a memorandum to employees stating the job hours required in various departments so that in the future misunderstanding can be avoided.

Areawide Mr. Henry, County Engineer, reported to the Council that he 208 Waste had attended a meeting with representatives of the towns Management regarding the Areawide 208 Waste Management Planning Program. Planning Mr. Henry presented to the Council suggestions that the Program County employ approximately seven persons and furnish approxi­ mately 2,200 square feet of office space on a contract basis for a period of two years. This personnel and office space would be for working on the Areawide 208 Waste Management Planning Program. The Council agreed that Mr. Henry should explain this program in more detail at a later date before , any decision is made.

M 197 75 A Motion was made by Mr. Hill, seconded by Mr. Cole, that Dewey the Bid Opening on the Dewey Beach Elevated Water Tank, Beach Contract No. C-10-55-2 be postponed to April 29, 1975 at 11:00 A. M. Motion Adopted; 4 Yea, 1 Absent. -6- April 15, 1975

M 197 75 Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Cont. Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Absent

DAST Mr. Conaway, County Administrator, reported that a monthly report has been received from the Delaware Authority Special­ ized Transportation regarding the expenditures of the grant they received. Copies of this report will be submitted to the Council.

Airpark The Council agreed that applications for a consultant for the development of the Industrial Airpark will be accepted through April 18, 1975. After that time the Council will review the applications that have been received.

Shuttle The Council agreed that the check received from the town of Bus Survey South Bethany as their contribution in the amount of $100.00 for a proposed Shuttle Bus Survey will be returned as the Council is not in favor of this Survey being made at this time.

Proposed The following proposed ordinance was introduced by Mr. Hill, Ord inance and the Public Hearing was set for May 20, 1975 at 1:30 P. M.: on Pension Plan AN ORDINANCE TO ESTABLISH AN EMPLOYEE PENSION PLAN FOR SUSSEX COU NTY

THE COUNTY OF SUSSEX HEREBY ORDAINS:

ARTICLE l . GENERAL PROVISIONS

1.1 This Ordinance shall be known as the Sussex County Employee Pension Plan Act.

1.2 The purpose of this act is to assist the County Administration in attracting and retaining qualified employees and to reward employees for their extended service to the County.

1.3 Definitions:

(a) "covered employee" - An employee shall be considered a covered employee while he receives a regular salary or wages directly from the County for full time em­ ployment.

(b) "retirement age" - At age sixty-five (65) all employees must retire, except that a covered employee who

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Proposed has attained age sixty-five (65) at the date this ordinance Ordinance is adopted may continue to be employed until June 30, 1975. on Pension Plan (c) "anniversary date" - The anniversary date of Cont. an employee is the day and month he began employment or was sworn into elective office for the first time. If an em­ ployee has also served in an elected office, whichever service comes first in time determines his anniversary date. When eligible, a retired employee's pension will begin on the usual pay day next following his anniversary date.

(d) "board" - The County Retirement Board is created by this act.

(e) "fund" - The County employee's retirement fund created by this act, known as the Sussex County Pension Fund.

(f) "he" - refers to both he and she.

ARTICLE 2. THE PENSION FUND BOARD

2.1 The Board shall consist of the County Personnel Director, the County Finance Director, and one member of the Sussex County Council who shall be appointed by the County Council.

2.2 No more than two (2) members of the Board shall be registered voters of the same political party, unless all five (5) members of County Council are of the same registration as that of the County Personnel Director and the County Finance Director, in which case all three (3) may be of the same re­ gistration until such time as County Council shall have a member of a different political registration. Upon that event, he shall become a member of the Board in lieu of the councilman of the same party as the Directors of Finance and Personnel.

2.3 A Quorum shall consist of three (3) members. A majority vote of any two (2) shall decide all issues.

2.4 The Board shall decide eligibility for a pension, ann iversary dates, retirement ages, disability, and shall com­ pute amounts of pensions. The Board shall hear and decide any grievances. All grievances shall be in writing. All decisions of the Board shall be in writing and shall be ren­ dered within fifteen (15) days of receipt of the grievance by the Personnel Director. If fifteen (15) days pass without decision, the grievance shall be treated as an appeal and filed by the Board with the County Council.

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Proposed 2.5 The Board shall have full power and authority to Ordinance engage an actuary, to enter into contracts for the manage­ on Pension ment and investment of the Sussex County Pension Fund and to Plan otherwise engage such services and advice it deems appropriate Cont. and necessary in the general administration of this pension plan.

2.6 The Board shall submit annual reports to the Count y Council.

ARTICLE 3. ELIGIBILITY

3.1 In order to qualify for a pension, a covered em­ ployee must have cumulative service of fifteen (15) years of which he shall have been employed full time for the five (5) years immediately preceding his retirement date. These fifteen (15 ) years are computed from the anniversary date to the day and month of their ceasing to be a covered em­ ployee, with credit given for every day of employment. Parts of a year must equal two hundred and sixty (260) working days to make a full year of the requirement.

3.2 No covered employee shall become eligible for a pension until he has reached age sixty (60), except in the case of disability and except for employees who have been covered employees for thirty (30) years. In the case of disability, an employee is eligible as soon as the Board de­ termines that status. In the case of thirty (30) years ser­ vice, the employee is eligible on the anniversary date of his thirtieth (30th) year.

3.3 Retirement is mandatory at age sixty-five (65) except for elected officials, except that a covered employee who has attained age sixty-five (65) at the date this or­ dinance is adopted may continue to be employed until June 30, 1975.

3.4 Time in State of Delaware government service, for which a wage of salary is paid, shall be computed as time as a covered employee; except that no one receiving retirement compensation for such service shall be eligible for benefits under this ordinance. Time credited under this section shall only be considered as time in covered employment in estab­ lishing eligibility.

3.5 Time in Federal Military Service or federally acceptable substitute service shall be computed as time as a covered employee, providing the individual was an employee of the Sussex County Council prior to the induction into such service. This paragraph shall apply to no more than three (3) years of said service; except that no one receiving

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Proposed retirement compensation for such service shall be eligible Ordinance for benefits under this ordinance. on Pension Plan 3.6 A covered employee who becomes unable to work while Cont. in that status shall become eligible upon determination of disability by the Board. In order to qualify, he must have sworn affidavits of two medical doctors. His status is re­ viewable every twelve (12) months. The Board may require, at expense of the County, that the employee undergo a physical examination by a physician of its choice to determine dis­ ability. Payments pursuant to Delaware's Workman's Compensa­ tion law shall not affect this Article. An employee shall be deemed disabled for the purposes of this section if he has a physical or mental disability which prevents him from performing the duties of his position.

3.7 Should a covered employee within fifteen (15) years service die, his spouse shall be entitled to one-half (1/2) of the pension due him or her for a period of ten (10) years, which benefits shall be payable immediately.

ARTICLE 4. COMPUTATION OF PENSION

4.1 The benefits shall be computed as follows:

The wages or salary of the highest paid five (5) years of Sussex County service shall be averaged by dividing the total by sixty (60) months. This product shall be divided by a constant of sixty (60). The product of these functions shall be multiplied by the number of years' service and fractions of years' service. The result shall be the monthly pension payment.

4.2 The maximum allowable monthly pension payment shall be $250.00. The minimum monthly pension payment shall be $150.00, provided that this amount is not greater than the covered employee's monthly salary at the time of retirement, in which case his monthly salary shall be the amount of his monthly pension payment.

ARTICLE 5. RESTRICTED EMPLOYMENT

5.1 No one receiving a Sussex County pension can sub­ sequently work for the County except for part time employ­ ment not to exceed sixty (60) days per year.

5.2 This Article does not apply to elected officials.

5.3 This Article does not apply to those appointed to serve without remuneration~

ARTICLE 6. FUNDING

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Proposed 6.1 The Sussex County Council shall make an initial Ordinance appropriation of $75,000.00 to put this act into effect and on Pension it shall be designated as the Sussex County Pension Fund. Plan Cont. 6.2 The Sussex County Council shall review the status of the fund quarterly.

6.3 The Sussex County Council shall annually reconsider the amount of pension payments to determine the necessity for a cost of living increase.

6.4 This Fund shall be used for pensions and no other purpose.

6.5 Pension payments shall not be subject to attachment or execution.

ARTICLE 7. FRAUD

7.1 Any person who knowingly makes any false statement or falsifies or permits falsification of any records of the Pension Fund in an attempt to defraud the Fund shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine not exceeding one thousand dollars (1,000.00) or suffer imprisonment not exceeding one (1) year, or both, in the discretion of the Court.

ARTICLE 8. RECORDS

8.1 The Personnel Director shall have the responsibility of keeping such records as are necessary to determine eligi­ bility.

8.2 The records of the Fund concerning personnel shall not be deemed public records. However, a written request by a covered employee to the County Administrator shall entitle him to see his or her records or receive an extract signed by the Personnel Director. No more than two (2) such requests in a twelve (12) month period need be honored.

8.3 Those records concerning administration of the Fund shall be kept by the Sussex County Finance Director.

8.4 Only the County Administrator, County Finance Director, and County Personnel Director or the Board in session or designated staff members shall have access to the records of the fund.

ARTICLE 9. CONSTITUTIONABILITY - SEVERABILITY

9.1 Should any part of this act be declared unconstitu­ tional or otherwise illegal, the remaining legal portions shall be deemed continuous in effect. -11- April 15, 1975

Proposed The following proposed ordinance was introduced by Mr. Hill, Ordinance and the Public Hearing was set for June 3, 1975 at 1:30 P. M.: to Amend Ordinance AN ORDINANCE TO AMEND ORDINANCE NO. 6, ARTICLE 2, SECTION No. 6 2.20 BY ADDING TO EMPLOYEES IN UNCLASSIFIED SERVICE ALL PERSONNEL OF RECORDER OF DEEDS, REGISTER OF WILLS, OFFICE OF THE SHERIFF, CLERK OF PEACE, PROTHONOTARY AND REGISTER IN CHANCERY

THE COUNTY OF SUSSEX HEREBY ORDAINS:

Ordinance No. 6, Article 2, Section 2.20 is amended by deleting it as it now appears and inserting in lieu thereof a new Section 2.20 to read as follows:

"The unclassified service shall include the follow­ ing: The County Administrator, Director of Finance, County Engineer; County Planner, Director of Planning and Zoning, Finance and Property Specialist, Deputies, and Chief Deputies, and Clerk of County Council, Secretary-Administrative, all personnel of the Offices of Recorder of Deeds, Register of Wills, Sheriff, Clerk of Peace, Prothonotary and Register in Chancery.

M 198 75 At 11:45 A. M. a Motion was made by Mr. Hill, seconded by Recess Mr. Workman, to recess until 1:30 P. M. Motion Adopted by Voice Vote.

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

PUBLIC HEARINGS:

C/U #265 Action was deferred on C/U #265 - An application of LeRoy Lucas to consider the Conditional Use of land in an AR-1 Agricultural Residential and a GR General Residential District in Indian River Hundred for a Mobile Home Park to be located on the west side of Route 288, .25 mile south of Route 287 and con~aining 13.67 acres more or less.

M 199 75 A Motion was made by Mr. Cole, seconded by Mr. Cannon, to C/U #266 concur with the recommendation of the Planning and Zoning Commission and approve with stipulations (1) the Commission reserves the right to require screening if necessary, (2) no storage, display, or business activity to be conducted within 350 feet of Route 18; C/U #266 - An application of Francis R. Moore to consider the Conditional Use of land in an AR-1 Agricultural Residential and a C-1 General Commercial

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M 199 75 District in Georgetown Hundred for the Manufacturing of Cont. Concrete Septic Tanks to be located on the north side of Route 18, 1/4 mile east of Route 249 and containing 11.2976 acres more or less. Motion Adopted; 4 Yea, 1 Absent.

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

M 200 75 A Motion was made by Mr. Cole, seconded by Mr. Cannon, to C/U #267 concur with the recommendation of the Planning and Zoning Commission and approve with stipulations (1) subject to site plan review, (2) ingress/egress review by Division of High­ ways; C/U #267 - An application of Raymond E. Mitchell to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Baltimore Hundred for an Additional Bay on a non-conforming business to be located on the north side of Route 26, 1/2 mile east of Route 365 and containing 14,728 square feet more or less. Motion Adopted; 4 Yea, 1 Absent.

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

M 201 75 At 2:00 P. M. a Motion was made by Mr. Workman, seconded by Adjournment Mr. Cannon, to adjourn. Motion Adopted; 4 Yea, 1 Absent.

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

Respectfully submitted, G -J~ l°C~ Emogene P. Ellis Clerk of the County Council

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