Sussex County Council’s 4-1 vote proved surprisingly dramatic

It was the longest, strangest vote I’ve ever seen. The scene was Sussex County Council Chambers, as members voted on the proposed Overbrook Town Center.

Or, rather a rezoning that would allow for the shopping center on Route 1, just north of Lewes.

The project, at 850,000 square feet, would be the biggest shopping center in Sussex County, larger than the combined Rehoboth Tanger Outlets.

The vote was 4-1 against, which doesn’t sound dramatic. But it was - due to the spontaneous but oddly skillful theatrics of the Sussex County Council.

They turned what could have been a cut-and-dried affair into a cliffhanger.

Maybe Clear Space Theatre in Rehoboth could book them for a summer show, “The Zombie Overbrook Town Center: Final Vote.”

Okay, maybe it didn’t rank with “Fear of the Walking Dead,” but it was more exciting than I expected.

It was a big vote. Perhaps even a historic vote. But it was a vote, not a public hearing, which is where you generally expect fireworks.

The project has waxed and waned. The state first reviewed plans in 2012.

In 2014, the center became a major campaign issue, especially in Representative District 20.

This despite the fact that the decision was up to Sussex County Council and not the General Assembly.

No matter. The proposal drew enough heat for the developer to withdraw the application.

But it not only came back to life, it passed a major hurdle. In June 2015, the county’s Planning & Zoning Commission voted 3-2 to recommend the zoning change from AR-1 (agricultural-residential) to CR-1 (commercial-residential).

The decision, however, also included a dissent from Commissioner I.G. Burton. He listed 14 reasons to vote against the rezoning.

Burton’s 14 reasons appear to have been influential. His arguments resonated as county council members provided reasons for their vote. (Burton’s full arguments can be read online on the Sussex County webpage.)

Last week, some locals showed up at the meeting to speak against the center, but to no avail. The public record was closed. Tuesday’s show belonged to the members of Sussex County Council.

Councilwoman Joan Deaver began by saying she was voting no. She could have ended there but she went on for 10 minutes, touching on many of Burton’s points and ending with a list of other commercial uses that would have been allowed under CR-1.

These include auto repair, car wash, lumber yards, hotels, indoor amusement centers, manufacturing home sales, etc.

This may seem odd, given all the attention paid to the proposed shopping center. But once the rezoning was granted, county council couldn’t have taken it back, even if the developers had decided on a different course.

“We’re voting for a rezoning,” she said. “We’re not voting for a shopping center.”

George Cole followed with a more succinct statement. He said he agreed with Burton’s 14 reasons but did not list all of them.

He also noted the lack of a population base around Milton to support such a project, and said it wasn’t needed to serve the beach crowd, because of existing shopping centers.

He ended with a most blunt assessment: “I see nothing positive about this application.”

Wow.

That made it 2-0. Only one more vote was needed to deny the rezoning request. But it didn’t seem a sure thing.

Deaver’s district includes Paynter’s Mill, the hotbed of Overbrook Town Center opposition, and Cole’s stretches from Rehoboth Beach to Bethany, an area concerned about coastal development.

Rob Arlett’s District 5 might be the county’s most unusual district. It extends from the busy beach town of Fenwick Island to the western farmlands near the Maryland border. It would not be affected much by a giant shopping center in between Milton and Lewes.

Arlett started by predicting he would be speaking much longer than Cole, which turned out to be accurate.

But his approach was the opposite of Deaver’s. He spoke for 15 minutes before saying how he was going to vote.

He talked about past zoning mistakes, about the importance of the vote, about how it defined “who we are as a community, who we are as a county.”

He talked about moving here, moving his parents here; he talked about the Mountaire and Perdue chicken operations; about how Sussex has become both a tourist and a retirement destination.

I couldn’t tell where he was going.

When he finally announced he was voting in favor of the rezoning, the audience erupted with boos, causing Council President Michael Vincent to slam his gavel.

Arlett gamely continued for another three minutes. This elicited uncalled-for calls to “Shut up!” and “Go back where you came from!”

Now it was 2-1, with Councilman Sam Wilson up next. Wilson, who appears to have recovered well from a recent stroke, also spoke at length.

He made it clear he saw good reasons for voting in favor of the rezoning.

He reminded the audience that area could be developed either way. The present AR-1 would allow houses, resulting in more traffic.

For a minute, I thought he was going to vote in favor, but he pivoted and voted against the rezoning.

Surprised, the crowd shouted louder than the first time, but this time with joy. Some called out “Bravo!,” as if cheering at the opera.

Vincent spoke briefly and followed with the final no vote.

I say “final” but you never know for sure. If the developers decide to go to court, the Overbrook Town Center could rise from the dead.

Just like those zombies.


Don Flood is a former newspaper editor living near Lewes. He can be reached at floodpolitics@gmail.com.