All commissioners were present for the meeting, which commenced at 9:00 am, and there was standing room only in the audience.

In his police report, Chief Mackert urged residents to sign up for the winter watch program if their houses were to be vacant over the winter.  In this program, the police department will check on the houses on the list from time to time and alert the owners of any serious problems.  Forms for signing up are available through town hall or the police department. The police activity report for October is linked from the Publications and Resources page.

The Mayor introduced representatives of  Corrigan Sports Enterprises, who are proposing to sponsor and organize a sports festival on the beach in Dewey in June 2008 to include volleyball, skimboarding, and other sports, in some cases involving exhibitions by world class athletes in these sports.  There is no cost to the town, as all expenses are borne by commercial sponsors, and the event would be a significant tourist draw over two days.  Based on the company’s experience in other cities, the events are well organized, clear of profanity, alcohol and other problems, and are very entertaining.  Council members and the audience discussed various issues, including bathroom facilities, trash management the interface with hotels and local landlords, the effect on the dunes, etc. Most seemed to think that the event held great promise, though further details have yet to be finalized.  More information will be forthcoming.

Next there commenced a public hearing on the ordinance to allow construction by Harvey Hanna of a 68 foot high hotel, condominium, retail and restaurant community at the Rusty Rudder property.  The original proposal has been very controversial and had been sent to the Planning and Zoning Commission, which had recommended unanimously that it not be approved by the Council. At the outset of the hearing, Commissioner Walsh offered an amendment to the original proposal, which though not summarized in detail, appeared to lower the height of the development to 48 feet and eliminate the hotel portions. 

At this point, there was a lengthy debate over whether such an amendment was in order.  It appeared that the amendment had not been circulated in advance among the council members (due to legal prohibitions on doing so, according to Ms. Walsh) or to the town attorney, and that none of them had  any time to review it.  Nonetheless, the town attorney, Mr. Brady ruled that the amendment was not out of order, and that it was up to the commissioners to determine whether they wanted to entertain it.  If they chose not to do so, he said, there was nothing prohibiting it from being offered later on, though it would have to go through the same procedures as any new proposal.  Many members of the audience objected to the late timing of the amendment and to the Council considering it without advance public scrutiny.  Some others argued that any attempt at compromise was a positive step.  It appeared that the new proposal had originated with Harvey Hanna as an outcome of a workshop held earlier in the week that had been sponsored by the Chamber of Commerce.  They argued that it should be considered, as many members of the community favored a scaled back version of the proposal.

There was a vote on whether the proposed amendment should be considered at this time.  By a vote of four to one, the Council voted not to do so.  Rich Hanewinckel, Diane Hanson, Dell Tush, and Dale Cooke, in varying degrees, argued that there had not been sufficient time or advance notice to review and understand the amendment, which was many pages long, and that considering it without such review and public input would not be appropriate.  Commissioner Walsh argued that considering the amendment was in the spirit of compromise, which was much needed at this juncture.

There then followed a public hearing on the original 68 foot proposed development.  Following the procedure recommended by the Town attorney, proponents were heard first, and then opponents, with each speaker being limited to a total of three minutes.  The discussion was far-ranging and covered most all points in the now familiar arguments for and against the proposed development.  Opponents argued that such a large complex was out of character for the town, would lead to more high rise developments and other violations of the 35 foot limit, would violate the moratorium on additional hotels, and that the election had shown how much the town was against such a proposal.  Proponents did not defend the original height other than to say that some such complex was needed to draw visitors to the town, but argued that some compromise at a lower height and a scaled down use should be developed.  Both sides argued that the process to date had been unfair and not in the public interest.

After a long debate, the vote not to approve the original proposal, and to follow the recommendation of the Planning and Zoning Commission, was unanimous.  What the next step in the process would be was left unclear.

The next item on the agenda was a proposal to allow the movement of the large Ruddertown sign, changed to read “Rusty Rudder”, across the driveway to the Rusty Rudder property.  After several questions were raised about the effect on parking places, action on the matter was delayed until a specific site plan was submitted.

The next item to be considered was a proposal to eliminate the rule that, if the Planning and Zoning Commission did not act within 60 days on a matter referred to it, it was deemed approved.  It was argued that this time frame was too short and that other communities typically afforded longer periods of time.  After considerable debate, the Council approved a proposal to give P&Z 120 days to act, with the possibility of a one-time extension of 60 more days if P&Z came back to Council to so request.   If that time frame was not adhered to, Council could then act on the matter itself.

In this connection, Council next voted to institute a six month moratorium on any new proposals being submitted to P&Z (with the exception of new restaurants)  so that the commission would have time to review and consider potential changes to the zoning code in accordance with the strategic plan and with the help of the Planner just retained.  Also, a proposal for a new restaurant, Jimmy’s Grill, to be located next to the Bottle and Cork, was sent to P&Z for its recommendations.

The meeting went into Executive Session at approximately 2:30 pm, and lasted in that form until after 4 pm.

The next town council meeting is scheduled for Saturday, December 8, at 9 am at the Lifesaving Station.