Town of South Bethany, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany 10-12-2012 by Ord. No. 164-12. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 20.
This chapter is authorized by § C-7K(7) of the Town Charter.
Any member of the Town Council, Planning Commission, and any other committee may participate in any regular or special meeting, including the making or seconding of any motion and casting votes by remote electronic access (including, by way of example, a speaker telephone or video-conferencing equipment) if unavoidable circumstances prevent that individual from being physically present at such meeting, subject to the remaining provision of this chapter. Participation by remote electronic access shall not be available to members of the Board of Adjustment or Planning Commission when public hearings are being held before those bodies.
No member of the Town Council, Planning Commission, or any other committee shall be authorized to participate in a meeting by remote electronic access unless:
A. 
There is physically present in the place where the meeting is being held a sufficient number of members of the Town Council, Planning Commission, or other committee to constitute a quorum.
B. 
The meeting is being presided over by a member of the Town Council, Planning Commission, or other committee, who is physically present at the place where the meeting is being held.
C. 
All persons present at the place of the meeting (including members of the public in attendance) can hear and speak to the person(s) participating by remote electronic access, and the person(s) participating through remote electronic access can hear and speak to all persons present at the place of the meeting, and to any other individual participating in the meeting by remote electronic access.
D. 
Not more than two members of the Town Council, Planning Commission, or other committee may participate by remote electronic access in any one meeting.
E. 
Notice of intent to participate by remote electronic access shall have been provided or waived in accordance with § 17-4.
F. 
The member(s) participating in the meeting by remote access are in continuous communication with those present at the meeting throughout the entire meeting, unless the loss of remote electronic access is due to technical difficulties beyond the control of the member(s). The member(s) will be recorded as having participated in the meeting for the time the member(s) was/were connected. Member(s) cannot participate by remote electronic access if the connection is not made prior to the start of the meeting.
G. 
During any meeting when a member participates by remote electronic access, all votes shall be taken by roll call.
H. 
A copy of all documents being reviewed, discussed, or adopted by the Town Council, Planning Commission, or other committee shall be available to the member(s) participating by remote electronic access.
A. 
Any member of the Town Council desiring to participate at a Town Council meeting or Town Council workshop by remote electronic access shall notify the Mayor of such intent (including the reason for being unable to be physically present at the meeting) as soon as reasonably possible, but in no event less than eight hours prior to the time scheduled for the meeting. Circumstances justifying participation by remote electronic access are those stated in the most recently adopted Protocol Governing Absences from and Remote Access to Town Council Meetings Policy. The Mayor shall approve or disapprove the request based on the Protocol Governing Absences from and Remote Access to Town Council Meetings Policy.
B. 
Any member of the Planning Commission, or other committee desiring to participate in a meeting by remote electronic access shall notify the Chairperson of that committee of such intent (including the reason for being unable to be physically present at the meeting) as soon as reasonably possible, but in no event less than eight hours prior to the time scheduled for the meeting. The Chairperson shall approve or disapprove the request.
C. 
The Mayor or Chairperson will notify the Town Manager's office in order to allow the Town Manager to make the communications facilities and arrangements necessary to enable remote electronic participation. Any person failing to provide eight hours' prior notice shall not be authorized to participate in the meeting by remote electronic access. However, a majority vote of members physically present at the commencement of the meeting may waive such eight-hour notice.
[Amended 11-17-2017 by Ord. No. 190-17]
D. 
A member of the Town Council cannot exercise the option under this chapter for more than two consecutive Town Council meetings and/or Town Council workshops, and not more than 20% of the scheduled meetings annually. In addition, members of any committee or the Planning Commission may not exercise the option more than 20% of the scheduled meetings annually.
[Amended 11-17-2017 by Ord. No. 190-17]