Ross replaces Wheatley as P&Z chairman

Sussex County Planning and Zoning Commissioner Bob Wheatley of Laurel is no longer chairman of the commission, a position he's held since 2005.

It's not that he decided to step down. During the commission's annual reorganization at the July 13 meeting, commissioners voted 4-0 to replace Wheatley with Commissioner Marty Ross of Delmar.

"I was blindsided," Wheatley said. "It was never discussed. It was voted on, and done by surprise to me."

Commissioner Keller Hopkins made the motion – which was seconded by Commissioner Kim Hoey Stevenson – for Ross as chairman. Commissioner Doug Hudson also voted for Ross. There was no discussion on the motion, and Wheatley did not vote.

Hoey Stevenson was named vice chairman with a 5-0 vote.

Ross, who has served on the commission for nine years, said he was approached by the three new members of the commission about becoming chairman. "It was not a big deal to me either way. I just want what is in the best interest of the commission and county," he said. "I did not know for certain until just prior to the meeting."

"It's not anything against Bob; it's not a negative thing," Ross said. "Bob has done a great job as chairman. Change does occur."

Wheatley has served on the commission since 1995.

Questions about commission appointments

During a July 18 meeting, county council re-appointed commissioners Doug Hudson of Dagsboro and Kim Hoey Stevenson of Lewes to three-year terms. They were originally appointed to fill terms of vacating commissioners with their terms expiring June 30.

The council did not act to re-appoint Keller Hopkins of Bridgeville whose term also expired June 30. Sussex County Administrator Todd Lawson said Council was only prepared to re-appoint Hudson and Hoey Stevenson and not prepared to act on Hopkins.

During the public comment period prior to the action, Georgetown resident Paul Reiger questioned the legality of not making the appointments by the June 30 deadline, which, he said, is required by state law. He questioned whether planning and zoning commission's July 13 meeting had a legal quorum of three appointed members.

Before voting on the re-appointments, Councilman I.G. Burton asked county attorney J. Everett Moore for a ruling on Reiger's comments.

"He's correct when he says the statute states they should be appointed in June," Moore said. "But they can continue to serve until successors are appointed."

He said a 1995 Delaware Supreme Court decision backs up his statement. The court ruled – pertaining to state boards and committees – appointees can serve to maintain a quorum with no gap in services even though their terms technically may have expired.

"The meeting was valid; the commission had a quorum," Moore said.

Both re-appointees were confirmed with 5-0 votes.