SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-MARCH 2, 1976

Call to The regular meeting of the Sussex County Council was held Order on Tuesday, March 2, 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 110 76 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: Bi-County Adult Center of Milford, Inc. Re: Submitting their newsletter for March, 1976.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: An application by Pot-Nets, Inc., P. 0. Box 151, George­ town, Delaware, for a Department of the Army permit to dredge an area, to fill an area, and to construct jetties and bulk­ heads in Indian River Bay at Pot-Nets Mobile Home Park, Sussex County, Delaware.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: An application by Indian Landing, James M. Tunnell, Jr., 1105 North Market Street, P. O. Box 1347, Wilmington, Dela­ ware, for a Department of the Army permit to construct 140 boat slips and 89 private or single-family boat docks and to perform maintenance dredging in East Inlet at Indian Landing, Indian River Bay, Millsboro, Sussex County, Delaware.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: An application by John Willie Lewis, 110 Crab Bay Lane, Route 1, Selbyville, Delaware, for a Department of the Army permit to construct a bulkhead, dock, finger piers and fill an area in Roy Creek along Crab Bay Lane, Keenwick, Sussex County, Delaware.

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Corre­ Department of Natural Resources and Environmental Control. spondence Re: an application by Delmarva Power & Light Company, 800 Cont. King Street, Wilmington, Delaware, for a National Pollutant Discharge Elimination System permit to discharge pollutants into State waters.

S. C. Volun­ Mrs. Givens, Acting Civil Defense Director, reported to the teer Fire­ Council that she attended the Sussex County Volunteer Fire­ men's Assn. men's Association meeting held in Dagsboro, Delaware on February 24, 1976.

Civil Mrs. Givens, Acting Civil Defense Director, reported to the Defense Council that sand has piled up at the back entrance of the Office Civil Defense office. The Council agreed that Mrs. Givens should check into ways and costs to correct this and report to the Council in the near future.

Civil Mrs. Givens, Acting Civil Defense Director, reported to the Defense Council that she attended the State Civil Defense Staff meet­ ing held in Delaware City on February 27, 1976, and while in Delaware City she went over procedures to expedite service for firemen.

Call Mrs. Givens, Acting Civil Defense Director, reported to the Board Council that during the month of February at the Call Board there were 149 calls, 391 ambulance runs, and a total of 1,209 emergency calls and with messages sent and received a total of 5,066.

M 111 76 A Motion was made by Mr. Benson, seconded by Mr. Hill, that Call three new positions for telephone operators in the Call Board Board be created. Motion Adopted; 5 Yea.

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

Transporta­ It was reported that when persons are carried from the De­ tion of toxification Center to the hospital it is the responsibility Persons from of whoever incarcerates them to transport them unless they De-toxif ica­ are ambulatory. If an ambulance is used, charges should be tion Center collected from the person carried. If this is not possible, to Hospital the Alcoholism Services could be contacted to see if they will pay these charges.

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Manpower Ottis L. Layton, Manpower Coordinator, was introduced to the Council.

M 112 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Manpower Mr. Layton, Manpower Coordinator, be authorized to attend a Manpower Training Conference in Wilkes Barre, Pennsylvania on March 17, 18, and 19, 1976, with costs being paid from the CETA funds. Motion Adopted; 5 Yea.

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

State Solid The Council agreed that Mr. Henry, County Engineer, could Waste attend a meeting in Dover, Delaware on March 22, 1976 with Authority the State Solid Waste Authority and discuss the proposed Sussex Plan but make no commitments for the County at this time.

South Mr. Henry, County Engineer, reported to the Council that Bethany work with the Badger in the South Bethany Sewer District Sewer project is proceeding on an experimental basis. District

M 113 76 A Motion was made by Mr. Hill, seconded by Mr. Cole, that South Mr. Henry, County Engineer, authorize L. H. Doane Associates, Bethany Inc. to approve overtime on Saturdays for two Resident Pro­ Sewer ject Representatives on the South Bethany Sewer District District project, not to exceed three weeks. Motion Adopted; 5 Yea.

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

M 114 76 A Motion was made by Mr. Cole, seconded by Mr. Hill, to South approve the payment of $900.00 for a permanent easement on Bethany the property of Edward A. Paul and Lavinia Paul, his wife, Sewer and Flovella Tease of Narberth, Pennsylvania, located on District the easterly side of Muddy Neck Road, Delaware Route 361, Baltimore Hundred, Sussex County, Delaware. This permanent easement is for Pumping Station No. 3 for the South Bethany Sewer District project. 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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Lecato Re­ The Council agreed that they will meet with representatives gional Waste­ of George, Miles & Buhr and Mr. Henry, County Engineer, on water Treat­ March 9, 1976 at 9:00 A. M. regarding the location of the ment Project plant site of the LeCeato Regional Wastewater Treatment project.

M 115 76 A Motion was made by Mr. Hill, seconded by Mr. Cole, that Fenwick Mr. Henry, County Engineer, authorize B. J. Campagna Associ­ Island ates, Inc. to contract with Hardin-Mattox Associates, Inc. Project for earth borings on the Fenwick Island project at a cost Of $5,600.00 and a unit price of $4.00 for additional or less footage, provided they execute a contract approved by Mr. Betts, County Solicitor. Motion Adopted; 5 Yea.

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

Sewer and Mr. Henry, County Engineer, reported to the Council on the Water Pro­ time schedules for the construction of sewer and water pro­ jects jects for Blades, Henlopen Acres, Lecato, Fenwick, and South Coastal Outfall.

Landfill No decision was made on whether the County will provide No. 6 pipe, with the Sussex Soil and Water Conservation District installing it, at Landfill No. 6 where drainage has been disrupted by the Sussex Soil and Water Conservation District in establishing a tax ditch on Black Water Creek. Mr. Henry, County Engineer, was instructed to check into this further and report back at a later date.

Cooling No decision was made on whether the cooling tower in the Tower old section of the Courthouse should be repaired or replaced. Mr. Carey, Finance Director, was instructed to check into this further and report back at a later date.

M 116 76 A Motion .was made by Mr. Cole, seconded by Mr. Hill, that Equipment Mr. Carey, Finance Director, be authorized to purchase a lawn mower at a cost of $169.95. 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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208 Program William W. Pleasants, Project Engineer of the 208 Program, was introduced to the Council.

M 117 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Off ice Mr. Carey, Finance Director, be authorized to purchase a Equipment calculator for the 208 Program office at a cost of $462.88. Motion Adopted; 5 Yea.

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

Blue Mr. Carey, Finance Director, reported to the Council that Cross the Blue Cross rates have increased from $26.86 to $33.00 per enrolled employee per month.

Board of Mr. Carey, Finance Director, reported to the Council that Assessment William Crouch has resigned from the Board of Assessment Review Review.

M 118 76 A Motion was made by Mr. Benson, seconded by Mr. Hill, that Board of W. Martin Atkins be appointed to the Board of Assessment Re­ Assessment view to fill the unexpired term of William Crouch. Motion Review Adopted; 5 Yea.

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

M 119 76 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Town of $500.00 be granted to the Town of Millville to be used for Millville the preparation of land for a future City Hall, to be paid from Revenue Sharing funds (Councilmanic Accounts). Motion Adopted; 5 Yea.

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

Schedules Mr. Conaway, County Administrator, reported to the Council of Commuter on a letter written to John L. McLucas, Federal Aviation Airline Administrator, regarding the seeking of assi stance for the Service improvement of scheduled commuter airline service to com­ munities in the Middle Atlantic states who do not have scheduled air carrier service. Mr. Conaway will arrange a

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Schedules of meeting in the near future with John B. Wallace, Director Commuter Air- of Transportation of the State of Delaware, regarding this. line Service

Title 6 of Mr. Conaway, County Administrator, reported to the Council CETA Program that an action report has been received from the National Association of Counties requesting that the County begin a lobbying effort to support the extension of Title 6 of the CETA program. Sussex County has already begun that lobby­ ing effort.

Seaford Mr. Conaway, County Administrator, reported to the Council District that a letter has been received from the Seaford District Library Library Commission requesting funds for building an addi­ Commission tion to their existing library. The Council agreed that Mr. Conaway should respond to this letter that a plan for ex­ penditure of funds for libraries will need to be developed, approved by the Library Advisory Board, and recommended to the Council for final approval; however, if they wish to pursue an application to Farmers Home Administration for funds, the County will assist them in any way they can.

Register in Mr. Conaway, County Administrator, reported to the Council Chancery that the Register in Chancery office has requested to have Off ice books rebound at a cost of $1,975.00 and purchase one new book at a cost of $177.50 and one new book at a cost of $194.50. The Council agreed that before action is taken on this request Mr. Betts, County Solicitor, should make a determination as to whether advertising for bids is neces­ sary for this.

Industrial Mr. Conaway, County Administrator, reported to the Council Airpark that an aviation related industry is interested in locating at the Sussex County Industrial Airpark.

Airport The Council agreed that Mr. Conaway, County Administrator, could request permission from the Federal Aviation Commission for the Delaware National Guard to use areas of the Airport as a staging area for maneuvers during this summer.

Proposed The Council agreed that no testimony will be made at the Wetlands Public Hearing on March 2, 1976 on the proposed Wetlands Regulations regulations.

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R 009 76 The following proposed resolution was read by Mr. Conaway, County Administrator:

AUTHORIZING JOSEPH T. CONAWAY, COUNTY ADMINISTRATOR, TO APPLY FOR AND RECEIVE GOVERNMENT GRANTS FOR ALL PHASES OF THE CONSTRUCTION OF AN EMERGENCY OPERATION CENTER IN SUSSEX COUNTY, DELAWARE

WHEREAS, the facilities for emergency operations in Sussex County, Delaware have become antiquated and do not meet the needs of Sussex County; and

WHEREAS, the Sussex County Council determines that it will be necessary to construct a new Emergency Operations Center that will meet the needs of Sussex County; and

WHEREAS, the Sussex County Council will be applying for Government Grants to construct a new Emergency Opera­ tion Center in Sussex County, Delaware,

NOW, T:HEREFORE,

BE IT RESOLVED by the Sussex County Council that Joseph T. Conaway, County Administrator, is authorized to apply for and receive Government Grants for all phases of the Emergency Operation Center project.

M 120 76 A Motion was made by Mr. Hill, seconded by Mr. Benson, that R 009 76 Resolution No. R 009 76 be adopted as read by Mr. Conaway, County Administrator. Motion Adopted; 4 Yea; 1 Absent.

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

M 121 76 A Motion was made by Mr. Hill, seconded by Mr. Benson, that Delaware the County employ one intern from the Delaware Technical and Tech. & Community College Business Program to work as a Secretary Com. College fifteen hours per week from March 15, 1976 to May 21, 1976. Business The cost of this to the County to be $345.00. Motion Adopted; Program 4 Yea, 1 Absent.

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

Delaware No decision was made as to whether Sussex County will parti­ Bicentennial cipate in the funding for a Delaware Bicentennial Exhibit in Exhibit Philadelphia.

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Industrial The Council agreed that the sign to signify the location Airpark of the Industrial Airpark can be purchased at a cost of $510.00 instead of $500.00 which was originally authorized.

Delaware Mr. Conaway, County Administrator, reported to the Council Safety that the Delaware Safety Council Dinner meeting will be Council held on March 17, 1976.

Committee Mr. Conaway, County Administrator, reported to the Council of 100 that he will submit a list of names for the possible appoint­ ment to the Committee of 100 by the Council so that organiza­ tion of this committee can be started in the near future.

208 Program Mr. Conaway, County Administrator, reported to the Council that EPA has agreed to allow the County to use 208 funds to study "Alternatives for Disposal of Waste Treatment Plant Effluent".

S. C. Bicen­ Mr. Conaway, County Administrator, submitted to the Council tennial Com. copies of the Sussex County Bicentennial Committee meeting Meeting minutes held on February 12, 1976.

M 122 76 A Motion was made by Mr. Cole, seconded by Mr. Benson, that NACo Legis­ Mr. Conaway, County Administrator, and two Councilmen be lative Con­ authorized to attend the National Association of Counties ference Legislative Conference to be held March 28-31, 1976 in Washington, D. C. Motion Adopted; 5 Yea.

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

Spill The Council agreed that Mr. Conaway, County Administrator, Control could begin to develop rules and regulations regarding a Trailer proposal for the purchase, storage, and administration of a Spill Control Trailer. These rules and regulations will be submitted to the Council so they can make a decision as to whether the County will purchase the Spill Control Trailer.

Community Mr. Conaway, County Administrator, reported to the Council Legal Aid that William McCauley has registered a protest regarding County dollars being used to fund the Community Legal Aid Society.

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Sussex Mrs. Emerson Higgins, representing the Sussex Society of Society of Archeology and History, appeared before the Council and Archeology invited the Council to attend the Third Annual Joint Meeting & History of the Historical Societies of Sussex County to be held at the Grace Methodist Church Hall, Georgetown, Delaware on March 27, 1976 at 12:00 Noon.

M 123 76 At 12:21 P. M. a Motion was made by Mr. Benson, seconded by Recess Mr. Hill, to recess until 1:30 P. M. Motion Adopted by Voice Vote.

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

PUBLIC HEARINGS:

M 124 76 A Motion was made by Mr. Benson, seconded by Mr. Cole, to C/U #321 defer action on C/U #321 (so that the Council members can view the premises) - An application of William H. Potter to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Cedar Creek Hundred for a Boat Storage Yard located on the north side of Route 36, one mile east of Route 205, and to be located on a parcel containing 2 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

C/U #322 C/U #322 - An application of 6-12 Dairy Markets, Inc. to consider the Conditional Use of land in an MR Medium Density Residential District in Cedar Creek Hundred for a Dairy Market and Convenience Store located on the north side of Route 36, south side of Route 619 having 335 foot of frontage along Route 619, and 335 foot of frontage along Route 36, and to be located on a parcel containing 0.72 acres more or less - was withdrawn.

C/U #323 C/U #323 - An application of 6-12 Dairy Markets, Inc. to consider the Conditional Use of land in an AR-1 Agricultural Residential District for a Dairy Market and Convenience Store located on the northwest corner of Route 207 and Route 225, and to be located on a parcel containing 1.5 acres more or less - was withdrawn.

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M 125 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, to C/Z #267 concur with the recommendation of the Planning and Zoning Commission and approve C/Z #267 - An application initiated by the Sussex County Planning and Zoning Commission to amend the zoning map by changing from AR-1 Agricultural Residen­ tial to C-1 General Commercial in Seaford Hundred, located on the south side of Route 534, 300 feet west of Route 13, to a maximum depth of 300 feet, containing 3.26 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

C/Z #268 C/Z #268 - An application of 6-12 Dairy Markets, Inc. to amend the zoning map by changing from UR Urban Residential to UB Urban Business in Dagsboro Hundred, located on the east side of Main Street, south of Warrington Street within the Town of Dagsboro, and containing .895 acres more or less - was withdrawn.

M 126 76 A Motion was made by Mr. Workman, seconded by Mr. Hill, to C/Z #269 concur with the recommendation of the Planning and Zoning Commission and approve C/Z #269 - An application of Webb and Turner to amend the zoning map by changing from AR-1 Agri­ cultural Residential to LI-2 Light Industrial in Broad Creek Hundred, located on the north side of Route 490, 800 feet west of Route 13A, adjacent to the Penn Central Railroad, and containing 4.529 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 127 76 At 2:00 P. M. a Motion was made by Mr. Benson, seconded by Adjournment Mr. Hill, to adjourn. Motion Adopted by Voice Vote.

Respectfully submitted, ,

Emogene P. Ellis Clerk of the County Council

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