FENWICK ISLAND – Officials in the Town of Fenwick Island approved the first reading on a charter change that would give properties held in trust two votes and properties held in deed four votes in municipal elections.
In a Fenwick Island Town Council meeting last Friday, the town’s Ad Hoc Election Committee introduced changes to a section of the town’s charter that outline voting qualifications for residents, non-residents and artificial entities.
While the changes will not affect residents and artificial entities (LLCs, partnerships and corporations), Councilwoman Julie Lee said the revisions would reinstate voting rights for trustees and their spouses.
“We owe it to the town to try and restore the voting rights of those that lost their voting rights in 2008 when the charter was changed,” she said.
In a separate interview, Lee said trustees and their spouses were given the opportunity to vote in municipal elections prior to a 2008 charter change that has since classified trusts as an artificial entity, which is given one vote through a power of attorney.
She said the issue was not realized or debated until the town’s following contested election in 2015. Since then, Lee said the Ad Hoc Election Committee has worked to reach a compromise that would satisfy both residents and non-residents.
In addition to these revisions, the charter would also entitle no more than four property owners per property to vote.
In the town council meeting last Friday, Councilman Bernie Merritt acknowledged the hard work and partnership of both the Ad Hoc Election Committee and Charter and Ordinance Committee, but encouraged the town to look at any potential issues prior to the second reading.
“I’m going to vote in favor of the first reading … but I think it needs to be vetted a lot harder,” he said.
Councilwoman Vicki Carmean said she would support the first reading, but acknowledged flaws to the proposed changes.
“I will vote for this,” she said. “It is not the perfect document, but there is no way to make it perfect. I want something that is simple and easy for everyone to understand … I really dislike the controversies we’ve had over the last couple of years. I think they need to end. I’m anxious to move forward.”
Councilman Gardner Bunting expressed his displeasure with the changes and warned the council of its repercussions.
“Looking over it, I see something here that has never been done in the state before and I think it will possibly open a can of worms and we will regret it for a long time,” he said “I would vote no.”
Mayor Gene Langan reminded the council that the first reading is a first step in a lengthy process.
“We have a long way to go on this,” he said.
If the town council approves the changes following a public hearing and second reading, the municipality must seek the support of its state representatives and approval from the Delaware State Assembly.
The council voted 6-1, with Bunting against, to approve the first reading.
