Sussex Council still split, wants longer look at special events ordinance

Four hours of public hearing about the proposed special event ordinance wasn't enough for the Sussex County Council.

The council voted Tuesday 3-2 to leave the public record open for another 30 days, despite not one member of the public speaking in favor of the changes.

"I respectfully don’t understand why council is trying to push and pass this special event ordinance when so many people in the community are speaking out against this," said Jamin Hudson, owner of Hudson Fields in Milton, one of the organizations who feel targeted by the proposed ordinance.

The vote by the council to leave the public record open for 30 days allows for more comments, testimony and information to be submitted to the council regarding the ordinance.

The two councilmen to vote against leaving the public record open — Rob Arlett and Sam Wilson — both indicated that they have heard enough public comment to make a vote.

Both Arlett and Wilson said that, since no one at the public hearing spoke in favor of the ordinance, they feel compelled to vote against the ordinance.

In October, the Sussex County Planning and Zoning Commission recommended to the Sussex County Council that a special event ordinance should be reworked.

Complaints from residents regarding concerts being held over the summer at Hudson Fields prompted the Sussex County Council to look at the county's special event ordinances.

The county said looking at the ordinances was to help deal with public safety. Events with large attendances are required to coordinate plans with the county's emergency operations centers, however, that wasn't always enforced.

"Hasn’t (Hudson Fields co-owner Christian Hudson) looked around to see the number of communities that have grown here the past 20 years?" said Ronald Tipton, a resident of Covington Chase located across the street from Hudson Fields, in an interview in September.

"We have a right to have peace and quiet in our home. I wanted to move to a quiet neighborhood. That’s why I didn’t move to Dewey Beach," said Ronald Tipton, who lives across the street from Hudson Fields, during a September interview.

As proposed, the ordinance would mandate applicants to apply for a special event permit through the planning and zoning director.

It also would clarify that special events that do not receive a permit from the director would require a conditional use permit.

In issuing the permit, the director would take into account the number of attendees, the size of the parcel of land the event is to be held on, parking requirements, road and traffic patterns, prior events conducted by the applicant, noise, light and odor generated from the event, and "other such considerations that may be applicable to the requested event."

The proposed ordinance states that a venue can hold up to three special events per year. Days used to set up and take down would not count.

BACKGROUND: Sussex planners want second look at special events ordinance

If the proposal does not fall under the permitted use of the land, then a conditional use permit would need to be obtained from the council.

Concert venues such as the Freeman Stage would not be subject to these ordinances because its original purpose was to be as a special event location, and the ordinance would not apply to special events held within town limits.

The new ordinance does not constrict the use of organizations such as Veterans of Foreign Wars, Elk Lodges and fire departments, but members of those nonprofits felt as though the ordinance would limit what they can do.

"You are hurting all of us nonprofit organizations who are trying to take care of seniors and our kids," said Leo Custer, a representative from the Moose Lodge in Seaford.

Those representing nonprofits said at the meeting they hold more than three special events per year, and these events are held to benefit the community.

But Council Vice President George Cole said no permit would be needed if the event on the nonprofit's grounds are within the intended use of the hall under the new ordinance. 

BACKGROUND: Neighbors' fight could spell end to longtime Sussex concerts

However, nonprofit members still said they were concerned that this promise might be broken.

Other concerns about the ordinance focused on the individual's property rights.

"I don’t understand how we got to this point, how our rights and our liberties were infringed upon, and now we have to ask our employers to have a concert on our property," said Judy Mangini, a local musician and Lewes resident.

Mangini said she donates her time to the nonprofit fundraisers, and most people present at the public hearing were there because they cared about their charities.

There are more important issues on which the council needs to focus, she added.

"You guys work for us," Mangini said. "We hired you to do a job. I think the traffic on Route 1 is worse than a day of music for charity."

Ultimately, the council took no action on the matter on Tuesday.

Cole said they wanted to make sure they would not be rushing the proposed ordinance.

"Give us 30 days," he said. "We want to allow people to get in their comments."

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