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Lines were drawn between Dewey Beach residents and town commissioners when Commissioner Diane Hanson made a motion at the Saturday, March 8 town council meeting for a resolution to approve a referendum question to keep a 35-foot building height limit within the town.
But even with a majority of the commissioners publicly committed to vote for the resolution and the remaining two commissioners indicating they will probably support a resolution allowing the voters to decide, Hanson’s resolution did not pass muster, not even among its supporters. Instead of having a vote to place the referendum question on the 2008 ballot, it is being rewritten and is to be placed on the agenda for a council meeting during April.
At issue is whether Dewey should have a binding referendum vote to change its charter to establish an absolute building height limit of 35 feet. Commissioner Rich Hanewinckel and various members of the public were quick to point out the proposed resolution required some serious wordsmithing if it were to accomplish its goal.
Hanewinckel objected because the proposal did not specifically call for a change to the town charter and because the referendum was not described as binding. “We need a final version. This is very much a draft,” Hanewinckel said.
“Some serious wordsmithing is required,” said Dewey resident John Gephart, a strong supporter of the referendum.
Town attorney John Brady also pointed out shortcomings, including that the referendum language fails to refer to the height limit and doesn’t identify the point from what height it must be measured.
Brady noted discussion concerning that issue at the planning and zoning meeting the night before, when the center grade of the road abutting the property and the flood plain were considered as possible measuring points. Planning and zoning had not resolved how height was to be defined as of the conclusion of its that issue at the planning and zoning m Friday, March 7 meeting.
Brady’s offer to rewrite the resolution and referendum question during the meeting was rejected by commissioners, including Cooke, who said he wants an opportunity to review it and think about it before the vote.
“If we do it again, do we have to have another public hearing?” asked Hanson. “I don’t want to hear all of this again.”
What Hanson does not want to hear again are public comments she said have been made for almost a year as issues are hashed and rehashed, the first being whether a charter change is required or desired.
Commissioners Claire Walsh and Dale Cooke questioned whether the issue of building height should be delegated to the planning and zoning commission as it works on creating Dewey’s zoning code and its comprehensive plan. “There has been no height limit in the charter for 26 years,” Walsh said. “We are, in effect, piecemealing this out.”
Hanson said Dewey voters want a height limit that will be difficult to change, a position supported by resident Marsha Schieck, who said that 70 to 75 percent of the voters came out and voted for the height restriction in the 2007 election.
But Cooke disagreed that the voters already approved a 35-foot height limit. “All the candidates said at one time or another that they’d be willing to compromise,” Cooke said. “We said we’d be willing to compromise if the people wanted us to,” said Hanson.
But according to Mayor Dell Tush, there are no contradictions and compromise is unlikely. “I don’t recall ever saying I’d be willing to compromise,” Tush said. “The people wanted the height limit in July 2007 and they were denied. By sending it out to referendum, it won’t become a law unless the people vote for it,” she added. Cooke said the people were not denied, but were simply required to follow the process.
“I think the commissioners’ hands should be bound,” said Allen Winton, who suggested the referendum question should be submitted with no massaging and no wordsmithing. “Do it right now for our kids’ sake and to keep Dewey as it is. Let’s vote it in,” Winton said, adding that voters can change it 100 years from now.
“The citizens want to tie the hands of the commissioners,” said Marsha Schieck, adding that some residents fear a council change could permit five commissioners to modify the height limit without voter support or approval.
“Let’s get it out to the people. That’s what the charter is for. If people don’t want 35 feet, they won’t vote for it. If people want to compromise, they won’t vote for it,” Anna LeGates Beste said.
Gephart said Dewey’s residents are tired of threats from developers. It was the understanding of the people that the three people they elected last year, Hanson, Hanewinckel and Tush, would vote for the 35-foot building height limit, he said.
Change became the issue as Vivian Barry referred to an overwhelming citizen response as the town was drafting its comprehensive plan several years ago. “The population has changed,” Barry began, only to be cut off by Hanson, who heatedly stated, “It did not address height. Period.”
“I have no problem in going forward with the question, but where will it go from there?” Walsh asked. She said she was concerned that a binding referendum could have possible unintended consequences or ripple effects. Hanewinckel spoke of the rampant growth he said occurred in recent decades from Ocean City, Md. to the Broadkill River and everywhere in between. “People have an opportunity to put something in place to provide long-term protection of this town so growth is done in a way the majority believes is the right way,” Hanewinckel said.
After an attempt to have the mayor recuse herself was averted, consensus seemed to be reached by the town council as Brady opined that the height limit did not require planning & zoning involvement.
Contact Georgia Leonhart at g.l.leonhart@comcast.net
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