HIGHLIGHTS OF THE DEWEY BEACH TOWN COUNCIL MEETING HELD AT THE BAY CENTER
FRIDAY, July 13, 2007, AT 6:00 P.M.

Agenda

Minutes: To be posted following approval by the commissioners at the August meeting.

    Note:  This was a long and complex set of discussions which are difficult to summarize fairly.  Below are merely highlights of the matters discussed.  Please consult the minutes of the meeting to be posted as soon as they are available, as well as various press reports, for more information and details.

    The Town Council meeting on July 13, 2007 was long and at times contentious, starting at 6:00 pm and not ending until about 1:00 am the next morning.  It was held at the Bay Center to accommodate an audience of several hundred people.  The Council was very liberal in letting audience members have their say, and many did so, especially on the Ruddertowne development matter.

    Regarding Ruddertowne, which was the primary agenda item, here are the highlights:

    *The first agenda item was the presentation by Mr. Eisenhauer of the final report of the Ruddertowne Architectural Design Committee.  When he stated his intention to make this report solely in the form of a powerpoint presentation by representatives of Harvey Hanna and Associates, the proposed developer of the new project, Mayor Tush objected on the grounds that such a powerpoint presentation was not on the agenda and that making it would be a FOIA violation and unfair to other interests who might have liked to make similar powerpoint presentations.  After much discussion, the town counsel indicated that this was not entirely clear as a matter of law, but that a cautious approach would be not to allow the powerpoint by the developers.  Others in the audience, and several on the Committee, also objected on the grounds that the Committee’s report should be an oral or written summary of the Committee’s deliberations by the Committee itself, not by the potential developer.  In the end, Mr. Eisenhauer gave such a report, summarizing the Committee’s recommendation to send the matter to the Council for referral to Planning and Zoning, and he also summarized the arguments that had been made in favor and against the proposed development.  The proposed powerpoint presentation may be placed on the agenda for the August Town Council meeting if so requested.

    *The Council decided to accept the recommendation of the Committee that the Town would send a letter to all citizens in Dewey Beach summarizing the project.  The Committee has developed a proposed draft of the letter, and there was a long discussion involving the Council, members of the audience, and members of the Committee over various changes in the wording of the letter to make it accurate and as complete as possible.  It was noted that various websites and other resources would be referenced in the letter to supplement the information contained in it.

    *A motion to conduct a public referendum, on the question of whether exceptions to the current height limit should be granted, failed to pass, with Mayor Tush and Commissioner Fitzgerald voting in favor, Commissioners Eisenhauer and Walsh voting against, and Commissioner Cooke abstaining.  Thus, there will be no referendum on this matter.  Proponents of the referendum argued that a matter of such importance and with such a potentially large effect on the future of the town should be made only after determining the will of the people.  They also said that over 800 citizens had signed a petition requesting such a referendum.  Opponents argued that it was atypical to conduct a referendum on zoning matters, which should remain non-political, and that it was the job of the elected officials to determine and represent the will of the people.

    *Near the end of the long meeting, in a three to two vote, it was determined that the proposed development would be sent to the Planning and Zoning Commission for their review and recommendations, including such issues as the allowable height of the structures.  The Commission has 60 days to complete this review and make such recommendations, after which the matter will be returned to the Town Council for a final determination.

    *With respect to the Civic League role in the meeting, the July 9 Press Release of the Civic League Board of Directors was summarized in comments from the floor by League President David Main. [To see this release click here]  He expressed two primary concerns:  1) the lack of any assurance that a major hotel brand was involved in the project, thus potentially endangering its commercial viability; and 2) the 68 foot height of the project, which could be expected, over time, to lead to pressures for other, similar structures given the pressures for economic development in the area.  He also expressed the hope for productive dialogue between the proponents and opponents of the project such that other options might be developed and explored, and a compromise reached, in order to spare the community long-lasting divisions and bitterness.  (In this vein, it was nice to see many participants in the previous night’s meeting, and several Commissioners, gather for the Civic League Happy Hour on Saturday night, where a better mood and more relaxed dialogue seemed to prevail.)

    In other matters during the meeting:

    *Steve Montgomery, owner of the Starboard, made a $5,000 contribution to the town from the proceeds of the “Running of the Bull” event  toward the purchase of a new police car.

    *Additional funds were allocated for the completion of improvements to the Bay end of Read Street, where flooding is common.  The project would be environmentally sensitive and beneficial from the standpoint of habitat creation and preservation of open space.

    *A conditional use was granted to allow the opening of a Deer Head Hot Dog location on Highway 1.  The only controversial issue about the proposal was the owner’s request to be able to remain open until 3:00 am.  Proponents argued that similar other establishments, such as Mama Celeste Pizza, remain open that late.  Opponents argued that it should be required to close earlier in order to cut down on late night noise and street crowding.  In the end, the Council approved the request, subject to further monitoring of the late-night effects of the proposed hours.