By Moly Albertson, Cape Gazette Staff
The dispute in Dewey Beach over allowing a 68-foot building in a commercial zone is now before the Attorney General’s Office after a citizen complained that town officials failed to properly post meeting agendas and to properly update the town website to reflect the most up-to-date version of the comprehensive plan.
On Monday, Aug. 6, Dewey Beach town attorney John Brady filed a 56-page response to the complaint, seeking that it be dismissed. The Freedom of Information Act complaint was filed by Ellen Danaher, a Dewey resident and member of Citizens to Preserve Dewey, which opposes relaxing height restrictions in the town. Should her complaint prevail, town commissioners would be required to vote again on their decisions refusing a referendum on the 68-foot building height and sending the proposal to the planning and zoning commission.
The developers say if a deal is not struck in a timely manner, their deal with Highway One LLP to develop the property will not go forward. Danaher’s complaint states that Dewey violated the law by not posting an up-to-date copy of the comprehensive plan on its website, www.townofdeweybeach.com.
Brady’s response states that towns are not required to post legal documents online, but Dewey Beach posts documents as a service to property owners. Brady’s response includes copies of meeting agendas and minutes and copies of minutes from the architectural committee meetings that sparked the complaint.
The response states the town newsletter is not a substitute for a citizen’s right to request copies of documents in town offices. Brady wrote that when Danaher did ask for a copy of the comprehensive plan in person, she was provided with an accurate copy that included district maps.
The response also includes a note from a town hall employee that said Danaher verbally requested a copy of the comprehensive plan. It also says Danaher was given a copy of the plan. Danaher’s complaint also lists several town meetings and committee hearings as violating state law because the agendas did not state that height regulations would be up for discussion.
Brady wrote Dewey complied with all state laws in posting meeting agendas within seven days of the meeting. The document also explains where the town posts its agendas each month. Town hall officials fax notices in their entirety on the Friday one week before a meeting to several media outlets, including newspapers and television stations. According to the Attorney General’s website, the Civil Division will investigate, and make a written determination whether a public body has violated FOIA, usually within 30 days of the Aug. 6 response.
If the Attorney General’s Office finds the town in violation of open meeting laws, then votes taken in those meetings would have to take place again with proper notice to residents.
That could mean the votes would take place after the Dewey Beach election on Saturday, Sept. 15.