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Sussex responds to complaints about board

County website to offer residents more information
September 25, 2018

Sussex County officials have answered a letter from a public group critical of the board of adjustment.

At county council’s Sept. 18 meeting, County Administrator Todd Lawson read highlights of a seven-page letter sent to the Delaware Coalition for Open Government.

“I do not agree with every point the coalition raises, and some of the points are simply not supported by law,” he said. “On the other hand, if and where possible, the county may adjust its operations to make necessary improvements. The county takes great effort to operate in a transparent and open manner and to afford citizens access to their government, including the board of adjustment.”

Among the concerns posed by the coalition was the board's findings of fact are not published online and not available to the public prior to a vote to approve them.

Although the county is not bound by law to post the findings, Lawson said, county staff is in the process of posting the findings on the county website as soon as possible. The findings are the written record of decisions made by the board on applications.

Lawson said the county website contains a link to all land use applications under consideration. That link includes audio of the meeting. Information is also available at the planning and zoning department.

Lawson said the coalition's suggestion to have general public comment at board meetings – similar to what occurs at county council meetings – is not permitted because the only comments allowed must pertain to applications on the agenda.

Lawson said an amendment to board procedures would have to be approved by county council. “The board is appointed by county council, and its power is granted by county council,” Lawson said.

Lawson said the coalition's accusation that opponents have no path to challenge board decisions and request a rehearing is not true. He said under county code, anyone can request a rehearing by the board within 10 days of the publishing of the findings of fact. An appeal can also be made to Superior Court.

Councilman George Cole, R-Ocean View, said people are not aware of the rehearing and appeal process. He suggested that board attorney Jamie Sharp should include that disclosure at meetings.

Sharp said rehearings – which are rare – are voted on by the board following strict criteria. He said since 2012, there have only been one or two rehearings.

Cole welcomed changes to the board's operations. “We've heard a number of complaints because there have been no changes since the beginning of time,” he said.

Keith Steck of Milton, a coalition member and co-author of the letter, said he was pleased with the county's response.

The five-member board of adjustment is appointed by ocunty council and meets twice a month to act on variances on setbacks and lot widths and special-use exception applications. Among those are requests for cell towers, day care centers, borrow pits, billboards and other off-premise signs, tents for events, garage or studio apartments and nursing homes.

 

 

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