SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-MARCH 16, 1976

Call to The regular meeting of the Sussex County Council was held Order on Tuesday, March 16, 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 147 76 A Motion was made by Mr. Hill, seconded by Mr. Benson, 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:

Rollie H. White, Jr., Secretary, Ad Hoc Committee to Preserve Through Rail Service on Delmarva. Re: Requesting the members of the Council write to the U. S. Senate Sub-Committee on Surface Transportation stessing the importance of through rail service on Delmarva.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Arthur F. Lakin, 8430 Potomac Avenue, College Park, Maryland, for a Department of the Army approval of plans of an existing bulkhead and dock in a lagoon in Little Assawoman Bay along Bayard Street, Fenwick Island, Sussex County, Delaware. This work was previously advertised as proposed in public notice NAPOP-R-75-448 issued by the Department of the Army on September 16, 1975.

Department of the Army, Philadelphia District, Corps of En­ gineers. Re: Application by Delmarva Power & Light Company, 800 King Street, Wilmington, Delaware, for a Department of the Army permit to construct an intake and discharge structure in Island Creek, a tributary of Indian River, at their Indian River Generating Station, Burton Island, Millsboro, Sussex County, Delaware.

Robert S. Terrill, Mayor of the Town of South Bethany. Re: Statement by Mayor Terrill regarding access to the ocean beach for the general public.

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Corre­ Delaware Authority for Specialized Transportation. spondence Re: Submitting their report on transportation activities Cont. for the month of February, 1976.

DAST Mr. Conaway, County Administrator, reported to the Council that efforts are being made to correct the "cash flow" problem of the Delaware Authority for Specialized Transportation.

Corre­ Department of Natural Resources and Environmental Control, spondence Division of Environmental Control. Cont. Re: Submitting a list of Wetlands applications and advertis­ ing for the month of February, 1976.

Crisis Mrs. Givens, Acting Civil Defense Director, reported to the Relocation Council on the status of a plan for "Crisis Relocation".

Fire Chiefs' Mrs. Givens, Acting Civil Defense Director, reported to the Meeting Council that the Fire Chiefs' meeting will be held in Laurel, Delaware on March 17, 1976.

S. C. Volun­ Mrs. Givens, Acting Civil Defense Director, reported to the teer Fire­ Council that Sussex County Volunteer Fireman's Association man's Assn. will be held in Bethany Beach, Delaware on March 23, 1976.

Natural Mrs. Givens, Acting Civil Defense Director, reported to the Disaster Council that the Natural Disaster exercise will be held in Exercise Delaware City, Delaware on March 26, 1976.

M 148 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Employment Gladys Briggs be employed as Relief Traffic and Weather at the Airport at a salary of $3.50 per hour, effective March 17, 1976. Motion Adopted; 5 Yea.

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

M 149 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Employment George F. Purpur, Jr. be employed as Supervisor of Assessors at a salary of $13,500.00 per year. Motion Adopted; 4 Yea, 1 Not Voting.

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M 149 76 Vote by Roll Call: Mr. Benson, Not Voting; Mr. Cole, Cont. Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Cannon, Yea

Manpower It was agreed that the lease agreement for the rental of off ice space for the Manpower program will be revised to clarify that CETA is responsible for the payment of the rent.

R 010 76 Mr. Conaway, County Administrator, read the following proposed resolution:

CONGRATULATING THE CAPE HENLOPEN BASKETBALL TEAM FOR THEIR OUTSTANDING PERFORMANCE IN WINNING THE STATE HIGH SCHOOL BASKETBALL CHAMPIONSHIP FOR THE SECOND STRAIGHT YEAR

WHEREAS, each year basketball teams of the high schools in the State of Delaware play games during the season with the hope of winning the State High School Basketball Champion­ ship; and

WHEREAS, Cape Henlopen has achieved the ultimate goal of winning the State High School Basketball Championship again this year; and

WHEREAS, Ralph Baird, coach of the Cape Henlopen Basket­ ball team, and Purnell Ayers and John Bishop, members of the All Tournament Team, and the ENTIRE BASKETBALL TEAM OF CAPE HENLOPEN have won twenty-five times,

NOW, THEREFORE,

BE IT RESOLVED that the County Council of Sussex County do congratulate the Cape Henlopen Basketball Team for their outstanding performance in winning the State High School Basketball Championship again this year; and

BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to the Cape Henlopen Basketball Team.

M 150 76 A Motion was made by Mr. Cole, seconded by Mr. Benson, that R 010 76 Resolution No. R 010 76 be adopted as read by Mr. Conaway, County Administrator. Motion Adopted by Voice Vote.

M 151 76 A Motion was made by Mr. Cole, seconded by Mr. Benson, that Committee the "Committee of '100'" be created. Motion Adopted; 5 Yea. of "100" -3- March 16, 1976

M 151 76 Vote by Roll Call: Mr. Benson, Yea; Mr. Cole, Yea; Cont. Mr. Hill, Yea; Mr. Workman, Yea Mr. Cannon, Yea

Airport Mr. Conaway, County Administrator, submitted to the Council copies of a letter from Department of the Army, 317st MP De­ tachment (CF), requesting permission to conduct a field training exercise with Army Reserve unit, the 37lst MP De­ tachment, on county property near and around the Sussex County Airport during the weekend of April 10 and 11, 1976. The Council agreed that this field training exercise can be held at the Airport provided they protect the County with insurance.

Revenue Mr. Conaway, County Administrator, reported to the Council Sharing on the status of "Revenue Sharing".

M 152 76 A Motion was made by Mr. Cole, seconded by Mr. Hill, that Millville $300.00 be granted to the Millville Fire Company from Revenue Fire Co. Sharing funds (Councilmanic Accounts) to be used for hose. Motion Adopted; 5 Yea.

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

M 153 76 A Motion was made by Mr. Benson, seconded by Mr. Hill, that Slaughter $512.00 be granted to the Slaughter Beach Fire Company from Beach Fire Revenue Sharing funds (Councilmanic Accounts) to be used for Co. & Lewes hose; and that $550.00 be granted to the Lewes Fire Company Fire Co. from Revenue Sharing funds (Councilmanic Accounts) to be used to help replace a generator. Motion Adopted; 5 Yea.

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

EOC Mr. Conaway, County Administrator, reported to the Council that the application for federal funds for the new EOC has been filed with the Defense Civil Preparedness Agency.

M 154 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Water Pollu­ Mr. Henry, County Engineer, be authorized to attend the Water tion Control Pollution Control Federation Seminar in Washington, D. C. on Federation April 6 and 7, 1976 at an approximate cost of $250.00. Motion Seminar Adopted; 5 Yea.

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M 154 76 Vote by Roll Call: Mr. Benson, Yea; Mr. Cole, Yea; Cont. Mr. Hill, Yea; Mr. Workman, Yea; Mr. Cannon, Yea

St. Patrick's Mr. Conaway, County Administrator, wished from those that Day are to those who wish they were "A Happy St. Patrick's Day".

Ocean View Residents of Ocean View, Delaware appeared before the Council regarding "Crossing Assawoman Canal and conveying sewage from Bethany Beach through private property on Route 26 and on State right-of-way down West Avenue." Letters were sub­ mitted from the following persons:

Mildred C. Carpenter Hester K. Neff Genevieve W. Burton Wayne C. Breasure Clyde Cline Joseph J. Noble Ruth Cline David J. Long Wm. F. Vickers, Jr. Ralph L. Hitchens Richard E. Mitchell, Jr. Blanche M. Hitchens

Bids on The following bids were received on Logging Recorder for Logging Re­ Sussex County Fire and Ambulance Call Board (including in­ corder for stallation) : S.C. Fire & Ambulance Delaware Office Equipment Co., Inc. $11,701.50 Call Board Dictaphone Corporation 17,801.50 Communications Control Centers, Inc. 11,485.00 (If alternate recording tape is used deduct $139.00; deduct $19.00 for change in AGC requirement of nine channels instead of ten channels and the time generator utilizing one channel for the time track)

Mrs. Givens, Acting Civil Defense Director, will review the above bids and make a recommendation to the Council at a later date.

M 155 76 A Motion was made by Mr. Workman, seconded by Mr. Cole, that National Mr. Carey, Finance Director, be authorized to attend the Assn. of National Association of Counties Legislative Conference to Counties be held March 28-31, 1976 in Washington, D. C. in the place Legislative of one Councilman. Motion Adopted; 5 Yea. Conference Vote by Roll Call: Mr. Benson, Yea; Mr. Cole, Yea; Mr. Hill, Yea; Mr. Workman, Yea; Mr. Cannon, Yea

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M 156 76 A Motion was made by Mr. Benson, seconded by Mr. Workman, Beach User that persons who rent (non-property owners) who are year­ Fee Passes round residents of Sussex County be included as eligible to receive Beach User Fee passes, provided they have proof of their renting from their landlord and they have paid capita­ tion tax in Sussex County. Only one pass will be issued to a family for one car and the pass is not transferable. This is on a one year trial basis (same as for property owners). Motion Adopted; 3 Yea, 2 Not Voting.

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

Court Ap­ Mr. Betts, County Solicitor, reported to the Council that pointed he will in the near future report to the Council his findings Attorneys regarding the feasibility of the Council employing an attorney to represent persons that are now being represented by attor­ neys appointed by the Court and paid by the County.

M 157 76 At 11:49 A. M. a Motion was made by Mr. Workman, 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 158 76 A Motion was made by Mr. Cole, seconded by Mr. Benson, to C/U #324 defer action on C/U #324 - An application of Tuckahoe Acres, Inc., to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Baltimore Hundred for an Extension of an Existing Campground located on the north side of Route 346A, 1,000 feet east of Route 346, and to be located on a parcel containing 32.7 acres of a 65.7 acre tract. Motion Adopted; 5 Yea.

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

M 159 76 A Motion was made by Mr. Cole, seconded by Mr. Workman, to C/U #325 accept the withdrawal, by the applicant, of C/U #325 - An application of Louis J. Travalini to consider the Conditional Use of land in an AR-1 Agricultural Residential District in Baltimore Hundred for the Sale of Used Cars and Auto Salvage

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M 159 76 located on the west side of Route 17, 775 feet south of Cont. Route 52C, and to be located on a parcel containing 2.1 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 160 76 A Motion was made by Mr. Benson, seconded by Mr. Hill, to C/U #326 concur with the recommendation of the Planning and Zoning Commission and approve, with the stipulation that sales and service be limited to C.B. sets and Scanners only, C/U #326 - An application of Patricia Gale Jefferson T/A D G Electronics to consider the Conditional Use of land in an AR-1 Agricul­ tural Residential District in Cedar Creek Hundred for C.B. Radio Service and Sales located on the west side of Route 14, 1,170 feet sout h of Route 234B, and to be located on a parcel containing 1.67 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

Ordinance A Public Hearing was held on the following proposed ordinance: No. 22 ORDINANCE PROVIDING FOR THE FEES FOR THE RECORDER OF DEEDS, IN AND FOR SUSSEX COUNTY

BE IT ORDAINED BY THE COUNTY COUNCIL OF SUSSEX COUNTY:

Section 1. The fee of the Recorder of Deeds, in and for Sussex County, for the services specified, shall be as follows:

For recording, comparing and certifying an official obligation $5.00

For recording, comparing and indexing a Private Act of Assembly, deed, mortgage, chattel mortgage, release, assignment, contract of marriage, or other paper proper to be recorded, first page 5.00 Eadh additional page or fractional part of a page 1.00

For recording any plot, plat, survey or similar site plan, for the first page and each additional page 6.00

Certificate of Incorporation and Certificate of Amend­ ment of Incorporation, first page 5.00 Each additional page 1.00

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Ordinance For certificate under hand and seal of office $1.00 No. 22 Cont. For certified copy, office copy or exemplified copy of any record photocopied, per page 1.00

For noting satisfaction of mortgage to be paid at time mortgage is recorded 1.00

For certificate under hand, of the date of receiving mortgage for record 1.00

For furnishing list of mortgages under hand and seal of off ice to Sheriff for applying proceeds of sale of lands taken in execution, or otherwise 1.00

Conveyance and lien searches, time consumed in making same, first hour 2.50 Each additional hour 1.00

For filing certificate of Prothonotary, and noting on margin of mortgage return on writ of levari facias 1.00

For noting on margin of record of .mortgage, names of parties, number of writ and term in scire facias pro­ ceedings under certificate of Prothonotary 1.00

For preparing and furnishing abstract of mortgage in scire facias proceedings by photocopying per page .so

For filing conditional sales contract and entering required information 2.00

For noting satisfaction of conditional sales contract, to be paid when contract is filed 1.00

Section 2(a). A record page shall consist of 45 lines; a line, when used as a measure of computation, shall mean 8 words, as this ordinance shall relate to all documents proper to be recorded, excepting plots, plats, surveys, or other site plans.

(b) A record page, for the purpose of recording a plot, plat, survey, or other site plans, shall consist of paper not exceeding in dimensions 24 inches by 34 inches.

(c) Any plot, plat, survey, or other site plan which shall be attached to another document and incorporated therein, and which shall be in dimension less than 8-1/2 by 13-1/2 inches, shall be considered as an additional page of the ori­ ginal document.

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M 161 76 A Motion was made by Mr. Hill, seconded by Mr. Workman, that Ordinance Ordinance No. 22 be adopted as presented. Motion Adopted; No. 22 5 Yea.

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

M 162 76 At 2:37 P. M. a Motion was made by Mr. Hill, seconded by Adjournment Mr. Workman, to adjourn. Motion Adopted by Voice Vote.

Respectfully submitted, c~tc~ Emogene P. Ellis Clerk of the County Council

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