Summary of Town Council Meeting on November 11, 2006

• Modest attendance.  Constructive working session that became more fractious at the end with discussion of the recent departure of the Town Attorney.
• Warm recognition of Veterans Day and of several veterans in the audience.
• Further discussion of the proposal for a right of petition by the voters to overturn ordinances passed by the Council  Several problems were identified that need further work and action was tabled pending those being addressed.
• Discussion of an ordinance that would prohibit time sharing arrangements in Dewey Beach.  Action was tabled pending further research.
• Discussion of the now completed Town Comprehensive Plan  and how it would be summarized, discussed and submitted to the citizens for further input
• Wide ranging discussion of the condition of roads in town and the need to address the condition of road shoulders for purposes of public parking, appearance and public health.
• Contentious discussion of the reasons for, and reactions to, the acceptance of the resignation of town attorney Rob Witsil.

Proceedings:

All commissioner were present except Claire Walsh, who was on a trip to Florida.  A letter from her was distributed and is attached, as are other handouts from the meeting.

The first matter discussed was an ordinance approved at the October Council meeting  allowing a right of petition to overturn ordinances enacted by the Council, subject to petitions from one third of the number of voters in the last election, or 300 people, whichever is greater.  This right of petition would be subject to approval of the voters in a biding referendum to be held next November.  (See a further discussion of this proposal.)  Commissioner Fitzgerald expressed concern about waiting until next September to obtain voter approval for this right and proposed holding a special referendum as soon as possible to get it before the citizens for a vote.  Otherwise, he said, it would not really take effect until 2009, since it might have to be approved by the state legislature as a charter change.  The town manager estimated that a referendum could be held as early as January or February.

Concern was also expressed about a section of the ordinance that would temporarily rescind any ordinance against which a referendum petition had been filed.  This would mean, for example, that if the Council passed a moratorium, it would not be in effect if a petition were filed against it, meaning that the activities designed to be stopped by the moratorium could go forward pending a vote of the people.  Several members of the audience, including the Civic League President, agreed that this portion of the referendum proposal should be deleted and that a challenged ordinance should remain in effect during the referendum process.  The Council tabled further action on the referendum issue pending further consideration of this problem and the timing of placing it before the voters.

The next matter discussed was a proposed ordinance that would prohibit time sharing arrangements (fractional shares) in Dewey Beach.  It was noted that this issue had been the subject of a non-binding public referendum several years ago.  The premise behind the ordinance includes problems of parking, overcrowding, and license fees, as well as questions about voter eligibility.  Some members of the audience raised questions about the legality of prohibiting time sharing under Delaware law, though Mayor Tush stated that based on her discussions with the previous town attorney, it appeared to be legal.  The Council tabled further action on the matter pending additional research.

Next there was a discussion of the Town Comprehensive Plan.   It was noted that this is a long an complex document, but one of great importance to the future of the town.  Therefore, some work should be done to develop a summary of the salient points and issues, to distribute this information to the citizens through newspapers and websites, and hearings needed to  be held to obtain the views and support of the people of the town.  Civic League representative present offered to help through its resources and this website, and Civic League Board member Paul Bauer offered to assist Commissioner Fitzgerald in developing the summaries.  A motion was passed to enlist these and other resources to develop the summaries and hold public forums to discuss them.

It was noted that the Town of Dewey Beach’s official website is under construction and not fully functional or up to date.  Mayor Tush mentioned that emails sent to commissioners via the website link were not always getting through.  She said this would be looked into immediately and that a notice would be posted on the website that it was under construction.  A new vendor has been contracted with to address these problems.

Next there was a report from Roads Committee Chair Peter Lucas, who noted that approvals for the Read Street drainage project (see October 2006 council meeting summary.) were moving forward.  There was also further discussion of the varying practices around town to address the condition of the road shoulders, which are supposed to be available for public parking.  Some residents have installed pavers or otherwise attempted to “privatize” these spaces in a manner that deters public parking.  Others have maintained them privately with gravel in order to keep them from becoming muddy and mosquito-infested in the rain.  Some in the audience argued that DelDOT should be approached to pay for these improvements.  In the end, it was agreed that this subject should be addressed in the Comprehensive Plan.

The Town Manager Gordon Elliot reported on a number of items, including permits for skim boarding camps to be held in varying locations on the beach throughout most of next summer.  He also suggested that there be a break in Town Council business and meetings in January or February to allow for vacations to be taken.  Several commissioners agreed, but it was noted that substantial work and hearings were needed on the Comprehensive Plan.  So it was decided to wait until the December meeting to make a decision on whether Council meetings were necessary in January and February.

There was also an active discussion of business licenses and the need to re-evaluate the business license fee structure, which one member of the audience from the real estate industry strongly advocated and which the Mayor supported.

At 11:00 am there was public recognition and a moment of silence for the nation’s veterans.  Several veterans in the audience members were asked to stand and were applauded, including the eldest of these, Civic League Board member Joe Nelson.  It was noted that the Fort Miles Historical Association was developing a World War II museum in Lewes and was raising funds to restore the lookout tower on the edge of Dewey Beach for use by the public and name plate recognition of veterans.  Vivian Berry also proposed use of Sunset Park for a walkway in recognition of veterans.

Next there was a discussion of the actions and reactions to the recent departure of Town Attorney Rob Witsil.  Commissioner Cooke said he regarded the acceptance of Witsil’s resignation, which he said was offered as a courtesy, as a “dismissal,” that this action was a serious mistake, and that it was taken without the advance knowledge or approval of him or Commissioner Walsh.  He, and several members of the audience said that Witsil’s knowledge and services were needed at the current time and that the action was arguably taken as a reprisal against him for winning the lawsuit against the town in which former Mayor Riordan and other commissioners were plaintiffs.  Similar sentiments were expressed in the letter distributed by Commissioner Walsh.  Commissioners Eisenhauer, Fitzgerald, and Tush disagreed, stating their view that that the resignation, while not sought, was viewed as genuine and that each Council has the right under that Charter to retain a Town Solicitor of its choosing.  Mayor Tush said that she took full responsibility for the final action on this matter, on which she felt she had the commissioners’ consensus, and that many people in town had expressed support for the belief that Mr. Witsil had been the town solicitor for too many years, that there had been some problems with his performance, and that it was time for a change, which would be healthy for the town.  Mr. Fitzgerald expressed his strong disappointment about leaks of information from confidential discussions of this matter in Executive Session.   He said further consideration of Council procedures on such matters was in order. It was further reported that an RFP had been distributed for a new town attorney and that several candidates were under discussion.  In response to a question from the audience, the Commissioners answered that Courtney Riordan was not among the candidates. Commisioner Walsh commented on this subject with an email.

In his commissioner comments, Mr. Eisenhauer also suggested that the Council should consider at future meetings, the use of beach replenishment funds for bay flood prevention and a bulkhead and boardwalk on the Bay side of town; the imposition of a rental surcharge and possibly a property tax to fund such needed town services as garbage pickup, street cleaning, tankers with potable water for emergencies, and chippers available for yard cleanup.