Public comment questions and answers were a topic again during the regular meeting of Milford City Council on Monday. On Monday, March 2, Dawn Tomczak, who is running for Ward 4, questioned why council does not respond to questions during public comment. On Monday, March 9, Councilman Dan Marabello asked as well after a question was asked during a public hearing.
“I am curious, tonight there was a question during the public hearing, but we did not answer,” Marabello said. “When there is a question, should we respond or who should?” In fact, the question asked during the public hearing was asked of the applicant and answered later in the meeting. This is often the case as a council member will ask the question ‘for the benefit of the public” during a meeting in order to get an answer.
Mayor Todd Culotta stated that there was no response during public hearings or public comment.
“It’s not a debate, it’s not up for discussion, it’s public comment,” Culotta said. “Now, we can make it if you want to respond as a city, or me respond as mayor, or you as a council person, I’m not going to stop you. If it is something we need to look at, we will review it and get back to that person.”
Councilman Jason James asked Solicitor Greg Morris for clarification because it was his understanding that council would not reply to comments made and that he thought that was a requirement.
“I came here in August 2025, so I am not sure the process, but all other towns that I have represented, I always tell them that it’s a public comment section, not a question answer session because that could drag on for a long time,” Morris said. “Now, council can always tell the person who to contact or they can provide an answer after the fact, but the purpose of public comment is just that, to make a comment.”
According to Delaware Title 29 Chapter 100 §10004, every meeting considered “open,” must have a period set aside for public comment and must provide a meaningful opportunity for the public to engage with the public body. A public body may impose reasonable time, place and manner restrictions on the length the public comment period and the amount of time allotted for each public comment.
Another section of the chapter discusses the agenda and requires agendas to be publicized at least seven days prior to the meeting. Under FOIA, public bodies like Milford City Council are not permitted to hold lengthy discussions on items that are not on the agenda. By answering questions during public comment, council could open themselves up for a FOIA violation if they discuss something that is not on the agenda. Despite the potential for FOIA violations, council members still felt a response was necessary.
Milford School District, who has allowed public comment for many years, states before the public comment section that the board will not respond to any questions.
“Sometimes, the comments are being made, can’t we, while the person is already there, answer a question as it was brought to us, even if we add it to the next meeting,” Councilwoman Madula Kalesis said. “Because trying to catch someone on the street to answer a question or take the time to call them to answer the question. Maybe they don’t really like you. Whether I like them or not, those questions should be answered.”
Culotta again reminded Kalesis that council should not respond, especially to items that were not on the agenda.
“I disagree, if it Is not on our agenda, I disagree,” Kalesis said. “If they have a question about our city, whether it’s about politics, whether it has to do with streets, whether it has to do with sidewalks, whatever the case may be, they deserve an answer.”
Councilwoman Lori Connor stated that council had to be very careful because if some questions were answered and others were not, it could open council up to a lot of other problems.
“My suggestion is maybe if we made an email box or something that if someone asks a question we cannot respond to, they can send the question to the email and we could answer it,” Connor said. “We could publicize it at the meeting that if a question did not get answered, they could submit it and we would respond. I’ve seen a lot of people say they come to meetings with questions, and they’re never addressed so they think coming is a waste of their time. So that may be a way to get those questions answered without putting ourselves in a position of answering some and not others.”
On Tuesday, Tomczak posted in a local social media group, chastising Culotta for his comments about public comments.
“I feel like all the residents of Milford deserve to know what was said at last night’s council meeting,” her post read. “This is exactly why people don’t bother…our elected Mayor made it clear how he thinks and feels about the constituents in Milford. I will post the conversation in the comments because it is a. lot, but worth the read. Mr. Mayor, stand up for the people who have vote you in. Your job is to help us is it not? Shout out to Madula and Lori for actually caring and trying to help.”
Culotta felt that Tomczak should educate herself on state regulations before making such statements.
“Dawn Tomczak should probably educate herself on our rules for a public meeting if she is going to be a candidate for council,” Culotta said. “Her excuse that I’m new to this will not do any favors for the residents of Milford. FOIA rules require us to announce what’s on the agenda seven days in advance. Simply because somebody wants to make a public comment does not allow for debate or discussion. If that were the case, it would have to be an agenda item ahead of time.”
Public comment was not permitted at city council meetings until 2019 when Culotta and James pushed for it to be added as part of the agenda. Each meeting now begins with a 15-minute public comment section. Those who wish to speak can sign up at the meeting or raise their hand virtually if they are not attending in person. Initially, public comment could only be made if an item was on the agenda, but in 2023, council removed that restriction and now allows comments on any subject related to the city.
