“As much as I’d like to, I cannot find a legal way to continue this moratorium,” said Commissioner Dale Cooke, who led the charge to enact the emergency moratorium, which has been in place for slightly over a year.

The moratorium rose from concerns over timeshare owners voting in municipal elections compounded by the current listing of three larger hotels and motels for sale in Dewey Beach.

“I’m against time share voting but I don’t know that I am against hotels converting to condominiums,” said Cooke. The moratorium expired April 15.

The commissioners also took up the ever burning issue of charter changes concerning voter eligibility rules for the town. Legislation encompassing the results of the decisive referendum held in October on voter eligibility changes is currently stalled in the state Senate. The Senate committee reviewing the charter changes has expressed hesitation to pass the bill based on a split vote by sitting commissioners to pass the ordinance and vocal opposition which has been lobbying in Legislative Hall against the changes.

Changes include granting the vote to those who place their property in a valid trust, determining eligible long term lease holder voters using the county register and creating a voter registration system including a residency requirement and limiting voter participation based on two votes per nonresident household and fractional ownership and divided deeds. Mayor Pat Wright proposed separating the less controversial issues - voter registration and votes for trust holders - into a new ordinance in hopes of those issues being approved before the 2004 election.

Dewey resident Peter Lucas responded, “You all did a lousy job of lobbying this. Quit screwing around with more meetings and lobby for the bill.”

Commissioner Ellie Mayhew advocated drafting two individual bills to be presented to the senate committee. The board agreed to set a special meeting Thursday, April 29, at 6 p.m. to discuss further action.
Determinations on pending ordinances related to bars and taverns also could not be made at the meeting because of the need for a public hearing. The proposals, generated by Commissioner Courtney Riordan, pertain to overturning portions of the town code related to nonconforming uses and conditional use applications of bars, taverns and nightclubs.

Riordan advocates revising the process which allows existing establishments a one time right to a 50 percent expansion if approved by the planning and zoning board.

“We don’t allow anyone to open a new bar so I object to allowing a 50 percent expansion,” said Riordan. The argument arose as a result of the Highway One Group considering a major renovation to the aging Bottle & Cork, including plans to add sprinkler systems, sound proofing and wider doorways. “You are looking at as an opportunity for more liquor to be sold. I’m looking at it as an opportunity to improve bars,” said Wright.

Steve Spence, attorney for Highway One said, “When we read the code we think we are entitled to certain rights. We think today you are being asked to take them away.”

A public hearing on the issue has been placed on the agenda for the next regular meeting to be held Saturday, May 8.