Reopening council chambers a hot topic

During the June 2 Sussex County Council teleconference meeting, Councilman Irwin “I.G.” Burton of Lewes kicked off a debate over reopening council chambers to in-person public hearings.

Under the COVID-19 state of emergency, county officials have been holding teleconference meetings and hearings.

County Administrator Todd Lawson informed council that public meetings are allowed under Phase 1 of the state's reopening plan. Meetings are limited to 30 percent of normal occupancy and all attendees – who must wear face coverings – must sit with a 6-foot clear radius around them.

He said council chambers seating would be limited to 30 people.

“In the spirit of getting back to public meetings, are we looking at the lobby as well?” Burton asked. “We already use the area for overflow, and we can facilitate more than 30 people using this space. Is this an option we are looking at?”

Burton said the lobby could be used as a staging area to move people in and out of council chambers. Burton suggested providing appointment times and/or time limits to hearings.

“That is something very different that we've never done in Sussex County,” President Mike Vincent said.

Burton said the Kent County Levy Court operates with time limits.

Lawson said the option could be explored. “This could be a gatekeeping exercise that could become cumbersome,” Lawson replied. “If we stack public hearings on top of one another, where do people wait? It becomes a guessing game.”

County attorney J. Everett Moore said for the most part, applicants and the public are given as much time as they need during public hearings. “We have to allow enough time for both sides to meet legal standards for a record to be established,” he said.

He said he would contact other jurisdictions to determine their policies on time limits.

“The new normal is not the old normal. Returning to the same old way is a fool's run,” Burton said. “We can't not have public hearings for people to voice opinions. We need to get to business and figure out a way to do it. Everybody will have to adapt to a new way of doing business.”

Lawson said he expects the current restrictions to remain in place for at least most of June. “I think it's a matter of weeks and not days,” he said. “In Phase 2, that 30 percent number may go up. We need to be prepared to welcome the public back to the building. It's a balancing act with pressure to bring public hearings back versus the risk. It's a week-to-week review,” he said.

Gov. John Carney announced that Phase 2 of the reopening plan will begin Monday, June 15.

Lawson said only what he called easier and less controversial public hearings have been scheduled for virtual meetings. Council will have its first virtual hearings Tuesday, June 9.

“That means larger public hearings are pushed off even further,” Lawson said.

“There has to be a time limit on how long these hearings are pushed off,” Councilman John Rieley said.

Rieley asked whether a larger venue could be used for public hearings, such as the Delaware Technical Community College auditorium.

Lawson said the idea can be explored but challenges of providing proper technology would have to be addressed. Even with public meetings, a virtual option must be provided, he said.

The county administrator said he understands the frustration over not holding meetings in a public space. “Virtual meetings are a challenge to staff and participants,” Lawson said.