SUMMARY OF DEWEY BEACH TOWN COUNCIL MEETING HELD AT THE LIFESAVING STATION ON SATURDAY, DECEMBER 9, 2006, AT 9:00 A.M.

Highlights:

1. Highway One announced its plans to tear down the Ruddertown complex and Venus on the Half Shell, and replace them with condominiums.  A committee was formed to try to formulate compromises on the nature of this plan, and the town comprehensive plan will have to be re-examined.

2. John Brady, Esq. was appointed to be the new town attorney, replacing Rob Witsil.

3.  There was an active discussion of town finances and suggestions that expenses are too high and that the town should make greater use of part time employees and independent contractors.

4. The previously discussed proposal to allow for a public referendum, enabling the citizens to overturn town council ordinances under certain limited conditions, was approved and sent to the state legislature for approval.  It would be voted on by the citizens in the 2007 municipal election.

5. The proposed 2007 Town budget was approved.


Proceedings:

1. The Commissioners Voted unanimously (5-0) to appoint John F. Brady, Esquire as Town Solicitor .

2. Police Report  by Chief of Police, Sam Mackert

    Year-to-Date through November

    Number Of Complaints benchmarked against the previous year:
2006 2005
Disorderly  Conduct    362 376
Criminal Mischief  22 46
Loud Noise 39 70
Business Noise  4 6
Assaults 16 25
Burglary 13 2
Theft 22 32
Public Assistance   176 252
Assist other depts 178 112
Parking Complaints 5 9
Traffic Accidents 40 72


3. Lifeguard Report by Dewey Beach Patrol Captain, Todd Fritchman:

Todd estimates that approximately 3,500 to 4,000 people per day visit our 1.1 mile beach. In 2006 his team had 20 open water rescues, 32 open water assists, 29 lost children, and 8 beach evacuations due to weather. There were 160 First Aid cases as well as 68 Major Emergency Response Cases that included 20 Cervical Spine injuries. None of these 68 injuries resulted in a Loss of Life or any permanent paralysis.

    Each Staff Member completed training and was certified in the following areas:

    -30 days of “open water” instruction
    -21 days of Rookie Training that includes intense physical training and physical test
    -CPR, standard First aid and C-Spine stabilization
    -First Responders certifications

4. Treasury Report by Don Ziegler

The Town’s  accounting firm has completed their audit of its 2005 financial statements. There were numerous delays on their part, which the commissioners deemed unacceptable. Don has recommended the Town to hire a Full Time Accounting Manager.

The town has $4,558,094.61 in Total Cash
    $2,124,901 is available for general disbursements
    $2,267,401.02 is available for Beach replenishment
    $48,070.03 is cash restricted to specific Grants
    $117,722.56 is cash restricted to Special projects

Anna Lagates expressed concern over the amount of expenses the town has for a 1.1 mile town that only has 1300 properties with under 400 year round residents. She suggested the town look at replacing some full time positions with part time contractors especially because the full time employees do not have that much to do in the “off-season”.

5. There was a discussion regarding a land use application submitted by Highway One Limited for the Ruddertown complex and property located on Dagsworthy Avenue at the Bay, known as Venus on the Half Shell Restaurant.    Jim Baeurle spoke on behalf of Highway One Partnership.

Since the moratorium has expired, he has given notice to the Commissioners that he will be picking up their permits to begin construction at these two sites. After multiple delays on this project, his organization can no longer wait to proceed with their plans. He said they are exercising their property right and are within the current zoning restrictions.

The plan as it stands today is for a complete teardown of the Ruddertown complex with the exception of the physical Lighthouse (not the Bar/Restaurant but the actual Lighthouse). The plan is for 46 Townhouses at Ruddertowne and 8 Townhouses at the Venus location.

Highway One will have to meet and comply with DENREC and DELDOT regulations.

The Town’s Building Inspector has been reluctant to issue these permits although checks have been dropped off.

Jim Baeurle and his partners are amenable to discussing and compromising on these plans but not without getting the permits issued on Monday morning.

Phase One will have 4 to 6 units at the Ruddertowne complex.

Vivian Barry, Diane Hanson, Anna Lagates, and Paul Bauer have volunteered to comprise a committee to work with Highway One on some compromises. More on this issue will be released shortly.

6. Next there was a discussion and Vote to approve an ordinance for a Binding Referendum to Authorize the Commissioners to send to and request the Delaware General Assembly to approve certain amendments to Section 23 of the Charter of the Town of Dewey Beach, Delaware, entitled "Enumeration of Powers", by Adding to theprovisions of Subsection 13 the power and authority to conduct Referendums on certain ordinances adopted by the Town Commissioners.
   
This was Unanimously approved by our Commissioners 5-0.
 It will be brought to the Voters in September to approve or Reject.
If a majority vote approves it, it will then go to the General Assembly so it can be written into the Town Charter. It would then go into effect sometime in 2008.

What the citizens will be asked is if we want the right to bring to a public referendum any issue that has a signed petition of the Greater of One-Third of the Voters in the “last Municipal Election” or 300 Signatures. The Town Manager will determine if there are enough signatures.


7. Next there was a discussion and vote to amend the Municipal Code of the Town of Dewey Beach, Delaware to provide for the prohibition of the conversion, dedication or Declaration of existing hotels or motels to fractional time unit ownership,
commonly known as timeshare ownership.

After discussion it was moved to have a public hearing at the next Town council meeting.

8. Next there was a discussion and Vote on whether to approve a Draft of the Town of Dewey Beach Comprehensive Plan. David King, Vice Chairman of the Committee wrote an excellent Executive Summary that we will be posting under the Comprehensive Plan section.  Due to the recent announcement regarding the Ruddertown complex as well as residential construction where the Venus on the Half Shell is located, modifications will probably need to be made to the Comprehensive Zoning Plan.

9. There was a discussion on whether to change Real Estate License Fees.  After discussion it was deemed that the $1,000 per Broker License Fee is too high and the proposal will be to lower it to $250 for the Broker plus $75 per Agent. Mr. Brady will prepare an Ordinance for Public Hearing at the next Town Council meeting.

10. There was next a discussion and vote to approve the FY2007 Budget.
   
11. There was a discussion and vote on a request submitted by Bell Buoys & Girls, LLC, Owner of the Bell Buoy Motel, for a one-year extension of its Conditional Use Approval granted by Ordinance No. 554 on December 10,2005 to December 10,2007. The Commissioners voted to approve the request.

12. Date & Time of Next Meeting (Saturday - January 13, 2007 - 9:00 a.m.)

The items, as listed above, are not in the exact sequence as discussed in the meeting.

If you would like to have an item placed on a future Agenda, Requests must be sponsored by a Commissioner and must be in writing.



For further information on the matters considered at the meeting, please consult the town website. There are many important details that that this summary has not been able to include.  If you have thoughts or opinions on any of these issues, please let the Civic League Board and the commissioners know through the email links provided.