Sussex County Council-Georgetown, Delaware-April 8, 1975

SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-APRIL 8, 1975

Call to The regular meeting of the Sussex County Council was held Order on Tuesday, April 8, 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 175 75 A Motion was made by Mr. Cannon, seconded by Mr. Workman, Minutes to 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:

Sussex County Horne Services, Inc. Re: April Cheer News.

Division of Public Health. Re: Approval granted to the Sussex County Council to con struct an elevated water tank in Dewey Beach in accordance with plans and specifications submitted by George, Miles & Buhr, subject to conditions.

Roland Derrickson, Director of Planning and Zoning Commission. Re: The signature of Robert D. Thompson, Jr. on the petition received by the Commission regarding Change of Zone No. 237.

American Cancer Society. Re: The status of the "Custodian Fund" as of April 1, 1975.

Department of the Army, Philadelphia District, Corps of En gineers. Re: Application by Asher B. and James E. Carey, Selbyville, Delaware for a Department of the Army permit to construct a solid fill across an existing lagoon in Derrickson Creek on the downstream side of Laws Point Road, Sussex County, Dela ware.

Department of the Army, Philadelphia District, Corps of En gineers. Re: Application by Bruce Bennett, Rt. #2, Frankford, Dela ware for a Department of the Army permit to construct a bulk head, boat ramp, finger pier and dock and to dredge an area

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Corre in a lagoon in Assawoman Bay along River Birch Drive, Sussex spondence Count y, Delaware. Cont. De p artment of the Army , Ph iladelphia District , Corp s o f En g ineers. Re: Ap p lication by Delaware Department of Highways, P. 0. Box 778, Dover, Delaware for a Department of the Army p ermit t o construct 3 storm drain outfalls in the Lewes and Rehoboth Canal in the vicinity of t h e Delaware Route 14 Highway Brid ge, Rehoboth Beach, Sussex County, Delaware.

Department of Highways and Transportation, State of Delaware. Re: Advertisement for bids on contract No. 74-04-003, Federal aid Project No. RF-113(12), Indian River Inlet Bridge, South bound Land, 0.763 mile.

Matthew J. Donegan. Re: Roads that are blocked to the beach area around Angola by guards and gate houses, put up by private developers and trailer court owners, making access to the water by land impossible.

U. S. Army Engineer District, Philadelphia, Corps of En gineers. Re: Invitation for bids for leasing real property of the United States located within the Lewes and Rehoboth Canal, Sussex County, Delaware.

Sussex County Home Services, Inc. Re: Report for the months of January, February, and March, 1975.

Colonel James L. Ford, Jr., Superintendent, Department of Public Safety, Division of State Police. Re: Thanking the Council for their financial assistance to obtain a new helicopter for the Delaware State Police.

Sussex County Fire Chiefs' Association. Re: Thanking the Council for their financial assistance to obtain a new h elicop ter for the Delaware State Police.

Mobile Marketing Co., Inc. Re: Recent d i scussions reg arding the possible eliminatio n of GR z o n ing.

Resolution Mr. Betts, Cou n ty Solicitor, read the following r esolut ion of Fenwick passed by the Fenwick Island Town Council on March 29, 1975: Island WHEREAS, under the ord inances of Fenwick Island, Dela ware, the maximum height limitation cannot exceed 30 feet; and

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Resolution WHEREAS, under the ordinances affecting the Residen of Fenwick tial zoned, single family dwellings only are permitted; and Island Cont. WHEREAS, the Town Council of Fenwick Island requires that such recommendations and building permits in surround ing areas outside of the Town of Fenwick Island are of direct concern of this Town;

NOW, THEREFORE,

BE IT RESOLVED that the Town Council of Fenwick Island, Delaware, recommends to the County Council of Sussex County, Delaware, that in any future planning or similar ordinances, the maximum height limit of any construction not exceed 50 feet, and that the maximum dwelling density per acre not exceed 18; and that a copy of this resolution be forwarded to the Sussex County Council and the Planning and Zoning Commission promptly.

Corre Commissioners of Bethany Beach. spondence Re: Offering recommendations to help improve the County Cont. Zoning Ordinance.

Delaware Disadvantaged Foundation, Inc. Re: Requesting the County Council proclaim the week of April 20-26, 1975 as Delaware Disadvantaged Foundati on Week, as follows:

Proclamation PROCLAMATION BY SUSSEX COUNTY DESIGNATING APRIL 20-26, 1975 AS DELAWARE DISADVANTAGED FOUNDATION WEEK IN SUSSEX COUNTY

WHEREAS, recognizing the importance of engaging in charitable labor in all components of our modern society, many charitable organizations have been organized to combat disadvantaged persons; and

WHEREAS, it is important to the existence of the County, of all parts of our State and Country, be well knowledgeable, and that they may be able to continue in a· normal life pat tern; and

NOW, THEREFORE,

WE, SUSSEX COUNTY, do hereby proclaim April 20-26, 1975 as "DELAWARE DISADVANTAGED FOUNDATION WEEK" in Sussex County, and do urge all citizens to consider how vital the effective ness of walking straight forward in a constituting manner, and do recommend that those who have an uncertainty of life's guide lines be recognized by D.D.F. in increasing their knowledge in this very important organization.

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M 176 75 A Motion was made by Mr. Hill, seconded by Mr. Workman, to Proclamation adopt the proclamation submitted by the Delaware Disadvantaged Foundation, Inc., proclaiming the week of April 20-26, 1975 as Delaware Disadvantaged Foundation Week. Motion Adopted; 5 Yea.

Vo t e by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

Certificates Mr. Benson, President, presented the following Certificates of Apprecia of Appreciation: tion Joseph A. Kollock, Sr. - For devotion, loyalty, and excellence in serving Sussex County as a member of the Board of Assess ment Review from March 7, 1972 to February 6, 1975

Frank T. Dickerson - For devotion, loyalty, and excellence in serving Sussex County as a member of the Board of Assess ment Review from March 7, 1972 to March 7, 1975

Charles M. Kauffman - For devotion, loyalty, and excellence in serving Sussex County as a member of the Board of Assess ment Review from March 7, 1972 to January 9, 1975

Rescue Mr. Sherwin, Civil Defense Director, reported to the Council Boat that the Rescue Boat has been put in working order.

Call Mr. Sherwin, Civil Defense Director, reported to the Council Board that he had attended a Special Meeting of the Call Board.

Emergency Mr. Sherwin, Civil Defense Director, reported to the Council Medical that he had attended a meeting of the Governor's Emergency Services Medical Services.

Fall-out Mr. Sherwin, Civil Defense Director, reported to the Council Shelters that at the present time fall-out shelters are being checked to determine if supplies were damaged during the heavy rain storms last week.

Civil De Mr. Sherwin, Civil Defense Director, reported to the Council fense Park that after the sand storm last week the parking lot of the ing Lot Civil Defense Office is piled up with sand. They are work ing with State agencies to correct this situation.

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Title I Mr. Ellingsworth, Personnel, Manpower and Safety Director, Manpower reported on the Manpower meeting he attended i n Wilmington Funds on April 7, 1975. The first estimate of funds for Sussex County under Title I for nex t year is $500,000. Mr. Ellings worth will submit a plan for the use of t hese funds on Ap r il 10, 1975 .

Insurance The Council agreed that i t was not in favor of accepting a proposal of an insurance company to contact employees for accident insurance.

M 177 75 A Motion was made by Mr. Hill, seconded by Mr. Cole, to Employment employ William M. Walton as Relief for Landfill No. 6 at for Land $22.00 per day for eight hour days and $24.75 per day for fill No. 6 nine hour days. Motion Adopted; 5 Yea.

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

M 178 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, to Employment employ Marie Davis as Clerk I in the off ice of the Recorder for Re of Deeds at a salary of $5,360.00 per year, as a replacement corder of for Jane Elliott who r e sig ned effect ive April 4, 1975. Deeds Mo t ion Adopted; 4 Yea, 1 Na y .

Vo t e by Roll Call : Mr. Cannon, Yea; Mr. Cole, Nay; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

M 179 75 A Mo t ion was made by Mr. Cole, seconded by Mr. Hill, that Personnel t h e Personnel Board invest igate the h iring of an emp loyee Board in M 178 75 a n d to answer two questions. No. 1 - When you lay people off, do you lay t h em off by class in the county ? No. 2 - Does the person being laid off have an opportunity to be the first one back to get the job? Motion Adopted; 4 Yea, 1 Nay.

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

Rail Spur Mr. Henry, County Engineer, reported t o the Council that as of this date the report from Whitman, Requardt & Associates regarding the overrun on the rail spur has not been received.

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M 180 75 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Rail Spur Mr. Henry, County Engineer, be aut horized to direct the completion of the placement of the remaining amount of the select material on the rail spur with a limit of $2,300.00. Motion Adopted; 5 Yea.

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

Landfill Mr. Henry, County Engineer, reported on the amount of d irt of Gumboro needed to fill the landfill of Gumboro, the amount of d irt we have available, and an estimate of the cost for the re maining dirt that will be needed. The Council directed Mr. Henry to get more information on this and report back to them.

M 181 75 A Motion was made by Mr. Hill, seconded by Mr. Cole, that Dewey Beach the bid on the Dewey Beach Sewers and Water Lines and Tank EPA Project No. C-100055-01 be awarded to Teal Construction, Inc. at a cost of $4,597,854.90, subject to the approval of EPA. Motion Adopted; 5 Yea.

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

M 182 7S A Motion was made by Mr. Hill, seconded by Mr. Workman, Sewer that Mr. Betts, County Solicitor, be authorized to have Districts prepared and introduced the necessary legislation to create the proper sewer districts, as required by the Bond Att orney. Motion Adopted; 5 Yea.

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

M 183 75 A Motion was made by Mr. Hill, seconded by Mr. Cole, that South the bid on the South Coastal Force Main EPA Project No. Coastal C-100088-01 be awarded to Thomson's Trenching, Inc. at a cost of $902,799.45, subject to the approval of EPA. Motion Adopted; 5 Yea.

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

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M 184 75 A Motion was made by Mr. Hill, seconded by Mr. Cole, that Dewey Beach authorization to proceed on contracts for Dewey Beach Sewers & South and Water Lines and Tank EPA Project No. C-100055-01 and Coastal South Coastal Force Main EPA Project No. C-100088-01 be postponed until such time as the Council has the schedule of the availability of bond money established. Motion Adopted; 5 Yea.

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

M 185 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, tha t M 167 75 Motion No. M 167 75 be rescinded. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea i-1 186 75 A Motion was made by Mr. Hill, seconded by Mr. Cannon, that South Coastal Mr. Henry , County Engineer, be authorized to advertise for bids on core sampling for South Coastal Regional Wastewater Facilities Outfall EPA Project No. C-100109-01. Motion Adopted; 5 Yea.

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

Landfill Mr. Henry, County Engineer, reported to the Council that No. 5 there was a problem at Landfill No. 5 last week due to ex cessive winds and that the contractor has had this problem corrected.

Illegal Mr. Henry, County Engineer, reported to the Council that re Dumping garding illegal dumping on property of Robert W. Tunnell on t h e Woodland, Delaware Road (Route 536) has been investi gated and steps are being taken to prevent continued illegal dumping in this area.

M 187 75 A Motion was made by Mr. Hill, second ed b y Mr. Cannon, that Gray Build Mr. Henry, County Engineer, be authorized to advertise f or ing at Pine bids on t h e moving or the demolishing of the gray building & Race Sts. located on the corner of Pine and Race Streets, Georget own, Delaware. Motion Adopte d; 5 Yea.

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M 187 75 Vote by Roll Call: Mr. Cannon, Yea; Mr. Cole, Yea; Cont. Mr. Hill, Yea; Mr. Workman, Yea; Mr. Benson, Yea

M 188 75 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Investment Mr. Carey, Finance Director, be authorized to reinvest $200,000.00 from Revenue Sharing Funds for thirty days and $400,000.00 from Revenue Sharing Funds for 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

Bicentennial The Council agreed that $3,500.00 of the funds granted to Committee the Bicentennial Committee will be paid as requested by the Bicentennial Committee.

Airport Mr. Conaway, County Administrator, reported to the Council on the status of a request for a combination armory and aviation unit to be established at the airport.

Airport Mr. Conaway, County Administrator, reported to the Council that the Henlopen Chapter of the Civil Air Patrol has indi cated interest in locating its headquarters at the airport. Mr. Conaway will contact them to determine what their offer is and report to the Council.

Wildlife Mr. Conaway, County Administrator, reported to the Council Refugee that a determination needs to be made on the disbursement money of the Wildlife Refugee money.

M 189 75 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Jet Fuel Mr. Conaway, County Administrator, be authorized to have Truck the jet fuel truck picked up from Pittsburgh, Pennsylvania and brought to Baltimore, Maryland to determine if any re pairs are needed, at an approximate cost of $150.00. Motion Adopted; 5 Yea.

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

Discretion Mr. Conaway, County Administrator, reported to the Council ary Funds -8- April 8, 1975

Discretion on the letter that has been drafted for the Governor of ary Funds the State of Delaware to sign regarding immediate release Cont. of discretionary funds for Sussex County for unemployment relief.

Community Mr. Conaway, County Administrator, submitted to the Council Action copies of a "Crisis Alleviating Services" program which has Agency been proposed by the Community Action Agency. No action was taken on this request.

Housing & A Public Hearing was held on the application for Housing Community and Community Development funds. Development

Delaware Mr. Conaway, County Administrator, submitted to the Council Tomorrow copies of the following reports prepared by the Delaware Commission Tomorrow Commission:

Land Use and Community Development Committee - A report to the Commission;

Report of the Economic Development Committee to the Delaware Tomorrow Commission;

The cost of public services provided by the State of Dela ware and its local governments.

Proposed Mr. Betts, County Solicitor, submitted t o t h e Council t he Ordinance following proposed ordinance:

AN ORDINANCE ESTABLISHING A COUNTY LIBRARY SYSTEM; CREATING A LIBRARY AGENCY; PROVIDING FOR A COUNTY LIBRARY ADMINISTRA TOR AND A LIBRARY ADVISORY BOARD FOR SUSSEX COU NTY

THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. There is hereby created a library agency to administer a County Public Library Service throughout Sussex County for t he residents of Sussex County which shall be a department of the Executive branch o f the county govern ment .

Section 2. Library Age ncy; Powers

The Library Agency shall have the following powers:

(a) To administer a county-wide library system which offers every resident of the county free and equal ac-

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Proposed cess to service and resources, and guidance in their use; Ordinance Cont. (b) To receive, by taxation or otherwise, accept, administer and expend any monies, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, for the pur poses provided in this Chapter;

(d) Title to all property previously acquired by any District Library Commission which may be conveyed or transferred or delivered pursuant to 59 Del. Laws, C. 480, Section 6, shall be held in the name of Sussex County for the use of the Library Agency;

(e) The transfer of any property by a School District Library which has been acquired to be used for a specific School District Library shall be used only for the particularly library designated;

(f) All future donations of any property by any methods to be used for a designated library shall be used only for that library.

Section 3. County Library Administrator; Appointment; Salary; Qualifications

(a) There is hereby created the position of County Library Administrator who shall report to the County Council and/or the County Administrator and who shall be the ad ministrative head of the County library system.

(b) The President of County Council, upon approval of the County Library Advisory Board, shall appoint the County Library Administrator, who shall be referred to as County Librarian and who shall serve at the pleasure of the County Council. He shall be qualified by reason of educa tion and experience.

(d) The County Library Administrator shall as a condition of his appointment be a resident of Sussex County and shall continue to be a resident during his term of em ployment.

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Proposed Section 4. County Library Advisory Board; Membership; Ordinance Powers and Duties Cont. (a) There is hereby created a County Library Ad visory Board consisting of seven (7) members, who shall be appointed by County Council. There shall be appointed to the County Library Advisory Board one person residing in each Councilmanic District and two members shall be appointed from the County at large. The terms of office when first appointed shall be staggered: Two (2) members shall serve a term of one (1) year, Two (2) members for a term of two (2) years, and Three (3) members for a term of three (3) years, with all terms commencing July 1, 1975. Appointments there after will be for three (3) years. Those appointed shall be persons of ability and integrity, concerned with library affairs but shall not be a public library employee. In the event a vacancy occurs for any reason, the County Council shall appoint a member to complete the term.

(b) The County Library Advisory Board

(1) shall serve in an advisory capacity to the County Library Administrator and the county library agency;

(2) shall bring local library needs to their attention and shall recommend to them means for implementa tion of an effective library system;

(3) may, through its members on the Council on Libraries, bring library matters to the attention of the Administrator of State Library Services;

(4) shall meet annually the first Tuesday of July and elect a Chairman and shall meet monthly for the transaction of such business as may come before it and per form its duties and functions.

Section 5. School District Employees

Any qualified employee of the school district libraries encompassed by this Act shall be continued in employment and shall not suffer any diminution of salary or responsibilities as a result of this Act, and shall re ceive full credit for the time he was employed by his re spective District Library Commission in computing the number of years of service required to receive pension benefits within the meaning of the respective county pension plan which has been adopted at the time of the passage of this Act.

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Proposed Section 6. The County Administrator shall prepare a Ordinance budget annually for the operation and maintenance of the Cont. County library system.

Section 7. Any District Library Commission which elects to be exempt pursuant to 59 Del. Laws, C. 480, Section 6(c), shall submit to the County Administrator an annual fiscal report prior to March 1 each year showing assets and expendi tures for the preceding fiscal year and such other financial information he deems necessary to prepare the annual library budget.

M 190 75 A Motion was made by Mr. Cole, seconded by Mr. Workman, that Proposed the Proposed Ordinance "AN ORDINANCE ESTABLISHING A COUNTY Ordinance LIBRARY SYSTEM; CREATING A LIBRARY AGENCY; PROVIDING FOR A COUNTY LIBRARY ADMINISTRATOR AND A LIBRARY ADVISORY BOARD FOR SUSSEX COUNTY" as submitted by Mr. Betts, County Solicitor, be introduced and a Public Hearing to be held on this pro posed ordinance on May 6, 1975 at 1:30 P. M. Motion Adopted; 5 Yea.

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

M 191 75 At 12:14 P. M. a Motion was made by Mr. Hill, seconded by Adjournment Mr. Cannon, to adjourn. Motion Adopted by Voice Vote.

Respectfully submitted, . [~f.~~ Emogene P. Ellis Clerk of the County Council

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