UPDATED: Sussex County Council Will Continue Litigation & Appeal Chancery Court Decision and Applications for Opioid Settlement Funding Now Available
UPDATED – 04/14/26 – After three weeks off for Spring Break, the Sussex County Council was back in session Tuesday. The meeting began with appeals from three residents – one coming from Smyrna – asking the Council to appeal the Chancery Court decision that approves a conditional use application, which had been denied by the Council in December 2024, for an electric substation near the Indian River Power Plant. When the Council returned from executive session at the end of the meeting, and County Attorney Everett Moore said that they received advice from legal council on litigation and that it would be appropriate if there were a motion authorizing the Council to continue with the litigation. The council voted 4 to 1 to continue the litigation – with Councilwoman Gruenebaum voting against the motion.
The Sussex County Council received an update from County Administrator Todd Lawson on the Opioid Commission Grant Application. This was first discussed with the Council in February. The funding comes from the National Settlement in 2021 between municipalities and drug manufacturers and distributors. Delaware has at least $15-million available annually for opioid treatment and education programs – the funding is to be managed by the State Prescription Opioid Settlement Distribution Commission, which is chaired by Sussex County Administrator Todd Lawson. The Commission’s purpose is to see that the settlement funds from the National Settlement Agreement are distributed to purposes related to opioid remediation. Funds will be collected annually over a 12 year period – a total in excess of $200-million.
Sussex County will receive just under $480,000 this year – with Milford and Seaford each also receiving funding of $196,862 and $271,908 respectively. For the County’s portion, Lawson told the Council that there are three options on how the funding could be administered.
- By municipality receiving the grants directly and spending the money on the eligible activity
- Municipality selects an external partner and the Commission acts as a fiscal agent by contracting directly with that partner
- Multiple municipalities partner together for a large-scale regional project.
Sussex County has decided to use option 2. An application is now live on the County’s website for entities to apply to Sussex County – and the Council will review and select the winning entities which will then be sent to the Commission for final review. The deadline for applications is May 4th. Click here for more on the program and the application
First Quarter Shining Star Employee recognitions were announced by Human Resources Director Karen Brewington. She says they received 25 submissions and chose three winners.
- Mary Catherine Jenkins- Financial Representative III -Finance
- Thomas Van Dyke-Project Engineer II -Engineering
- Sherman Littleton-Pump Station Tech III Engineering
Each receives a certificate, shining star pin and is eligible for Employee of the Year.
Community Development & Housing Director Brandy Nauman came before the Council for approval to enter into a Memorandum Of Understanding (MOU) between Sussex County and the Delaware Diamond Fund. The MOU outlines how Sussex County will coordinate with the Delaware Diamond Fund for distribution of grant funding to support affordable home ownership for Sussex County residents. The Delaware Diamond Fund is a nonprofit administered by the Delaware State Housing Authority (DSHA), and has received a donation of $500,000 from Capital One, which is restricted to support affordable homeownership in Sussex County in partnership with the Sussex County Housing Trust Fund. It’s estimated that 25 additional households will be served through this grant opportunity. This is over and above the 24 households already being helped through the County’s support. The Council approved the MOU with a unanimous vote.
County Administrator Todd Lawson, Assistant County Attorney Vince Robertson, Planing & Zoning Director Jamie Whitehouse and State Forester Kyle Hoyd came before the Council to discuss a proposed ordinance related to Forest Preservation. This is a continuation of the recommendations from the Land Use Working Group. While much of the existing code is being updated with new definitions, there are two new sections – new Forest Preservation Requirements and new Tree Planting Requirements. While there are options that allow possible clearing of forested areas, the primary intent is to protect and preserve forests in Sussex County. It’s hoped the forest preservation ordinance will be introduced during the April 21st Council meeting.
In Old Business the Council revisited Change of Zone No 2052 filed on behalf of Marlin Cove, LLC. This was for a change of zone from AR-1 to an MR-RPC for a residential planned community of 210 units for a parcel of just over 60 acres located on New Road, just north of Route 54/Lighthouse Road in the Williamsville area. The Council deferred a vote after the public hearing on the application last October. Council President Doug Hudson voiced concerns about the width and condition of New Road, which is a narrow country road that would see minimal improvement because of this project. The roadway would also not be able to handle the increased traffic from this development. The Council voted 5 to 0 to deny the Change of Zone application.
There were two public hearings during the afternoon session – both for solar arrays. During the first public hearing for a solar array from RWE Clean Energy – proposed for a 69 acre parcel off Route 54/Cypress Road west of Selbyville, two residents of the area spoke in opposition. There was no public comment on the second solar array from FFP DE Vines Creek near Dagsboro. The Council deferred votes on both applications.
The Sussex County Council will meet next Tuesday – beginning at 12:30pm. The Council will first attend a ribbon cutting for the Sussex County Bookmobile at 12:15 in front of the County Administration Building.
CLICK HERE FOR THE AGENDA FOR 4/21/26
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ORIGINAL STORY – 04/13/26 – The Sussex County Council returns from spring break Tuesday. The Council will receive an update from County Administrator Todd Lawson on the Opioid Commission Grant Application Update, which was first discussed with the Council on February 3rd. Community Development & Housing Director Brandy Nauman will discuss a Memorandum of Understanding with the Delaware Diamond Fund regarding grant funding supporting affordable homeownership for County residents.
Assistant County Attorney Vince Robertson will discuss a proposed ordinance related to Forest Preservation and the Council will revisit a Change of Zone No. 2052 on behalf of Marlin Cove – for a residential planned community in the Williamsville area on New Road off Route 54/Lighthouse Road.
During the afternoon session there will be two public hearings on two conditional use applications – both involving solar arrays.
The Council meets at 10am in the County Administration Building on The Circle in Georgetown.
SUSSEX COUNTY COUNCIL AGENDA SUSSEX COUNTY COUNCIL PACKET