Oak Orchard Eyes Expansion;
Sussex Post, March 21, 2001
By Joe E. Carmean Jr.
Staff Writer; Independent Newspapers, Inc.


OAK ORCHARD- The Town of Oak Orchard?

Becoming independent of Sussex County's rules and regulations and forming their own municipality is something Oak Orchard residents have wrestled with for decades.

Now, with a new central sewer system on the way and a water network already in place, residents could see growth spurts, as is the traditional reaction to water and sewer systems throughout the county once installed. And who better to control Oak Orchard's future growth than Oak Orchard, says resident and Indian River Fire Company president Patrick Miller. "My personal opinion is that something has to come along to better regulate growth and development across the board and incorporating is one way to better monitor and control development," he said.

Oak Orchard Boys and Girls Club executive director Linda Walls agrees. "I do agree that sewer could bring development and that is only apprehension I would have to a new sewer system in Oak Orchard," she said. "But, development doesn't outweigh health and safety and the environment. "Central sewer would be an improvement, but I'm not looking forward to the development," Ms. Walls said. "And rumor has it (the developers) are already coming."

Ms. Walls said some discussions have been taking place for development of what local residents recognize as the "oyster farm." She also foresees a lot of waterfront development in the near future. "Development is coming from the beach and everybody has to be prepared, even if we might not want it," she said.

But, could incorporation really help control the growth some residents are predicting? There have been several attempts to draw support to the idea of Oak Orchard forming its own local municipality, but historically the effort would lose momentum before residents could take the matter to referendum. Ms. Walls and her late husband, Scott, raised the issue in the early 1990s. "It was just before the civic association formed in March 1993 when we discussed it last, I think," she said. "Once again, the subject came up and once again it never went anywhere." Discussions were generated when Oak Orchard first began petitioning the county for a sewer system nearly 10 years ago, according to Ms. Walls, but when Long Neck was approved for a wastewater district ahead of them, the topic dwindled away.

Mrs. Walls said she and her husband found the original petition that was being circulated to residents 40 years ago by Mr. Walls' grandfather, Thomas Whitledge, who was an active member of the Oak Orchard community. "He tried to get people turned on to the idea right after the (Indian River Fire Company) was formed and it never went anywhere," she said.

Mr. Miller said the issue came up again in the 1970s. "It came up in the 1970s when residents were being burglarized," he said. "But, it was thought that some people were just looking to better their situations. "There were also problems that arose during discussions about who wanted to be mayor." Mr. Miller said there has always been an excuse to not proceed. "In the 1970s, it was because some thought certain people were just trying to get ahead at the expense of the community," he said. "In the 1980s, it was due to the possible increase in taxes. "And in the 1990s, it was felt that the county should step up to the plate and provide the services because the trend in the 1990s was to make sure you were getting your fair share of county services." Many people in Oak Orchard have talked about incorporating over the years, according to Mr. Miller, but why has nothing ever happened? "Honestly, I think the biggest reason is the threat of raising taxes to pay for it," said Mr. Miller.

Said Ms. Walls, "I think the real reason (Mr. Whitledge's) petition didn't amount to anything was because people were afraid it would mean more money out of their pockets, more taxes."

Sussex County administrator Robert L. Stickels said the issue of incorporation usually surfaces when residents are displeased with a zoning decision. "But, when they realize how complicated the process is and that they'll have to start taxing themselves, the idea quickly loses popularity," he said. Nevertheless, Mr. Stickels said would encourage Oak Orchard to investigate the possibility of incorporating, even though the county would lose revenue from its realty transfer tax.

"I feel that local control may be in their best interest if they want to control their own destiny," he said. "But, it's not an easy thing to do. "There are issues like liability, safety, taxing power to pay for police and road maintenance and other services that need to be considered." Mr. Miller said he believes cost has been the main concern, coupled with plain, old little interest in change. "This community doesn't have a significant concern for things like road efficiency," he said. "Elected officials over the years have always been there to help, but have always asked us why we don't view incorporation as a way to go.

"Incorporation would help us become proactive, whereas the actions now are more reactionary and something is not an issue until it becomes blatant abuse." Oak Orchard's county representative, Vance C. Phillips, said, "Incorporation does come to mind when you have these close communities that express their frustrations with certain regulatory controls, which the county currently has."

Mr. Phillips believes that due to the county's attempts to be accommodating to a diverse array of residents, it must adopt generalized regulations. "A close-knit community like Oak Orchard may want to have more stringent regulations to specifically meet their desires and level of regulatory controls," he said. "I'm not saying they, as a community, would be better off, but I suppose it is an option if they are not satisfied with the level of service the county provides."

The process for becoming a town is what has Ms. Walls shy on rendering an opinion on the topic. "Personally, I don't know if I would support such a thing," she said. "I would need to investigate it more because I don't know enough about it right now."

Attorney Walter Feindt, deputy director of the legislative council's division of research, said there is no real statutory process for incorporation. "Procedurally, the General Assembly would have to pass a special bill incorporating an area," he said. "The community would have to do things like establish geographic boundaries and the framework of government it would like to operate under." There are a number of types of governments, according to Mr. Feindt. The 56 incorporated municipalities Delaware currently has are led by groups of commissioners, council members, town managers or strong mayors. "The community would also need to decide what, if any, taxing powers they will want, what kind of borrowing powers they would have and what services (police, code enforcement, trash collection, etc.) they want to provide," he said. To get the ball rolling, said Mr. Feindt, the residents of the community may want to circle a petition or request the county to handle some kind of referendum. "But all those things would need to be addressed and agreed upon by an adequate number of community members to convince the General Assembly that this is the predominant will of the people," he said. "There are a lot of ups and downs and additional taxation for the area is always a drawback." Mr. Feindt said he doesn't know how long such a process would take because he couldn't recall a request of incorporation in his 17 years at Legislative Hall. And drumming up support for such a course of action in a community where many people like things just the way the are could slow the process.

Resident Millie Charnick said she knows sewer could bring development to Oak Orchard and she thinks Oak Orchard becoming a town might be a good tool to controlling that growth. "I'm worried about development taking away our small town charm," she said. "It's not like the same place with all the growth that's taking place. "But, I think we are probably going to have to go with (incorporation) eventually," Mrs. Charnick added. "I think it is probably going to have to come to that. "And I'd sure hate pay more taxes, but I think it would be worth it."

Jimmy and Karen Sekcienski are the owners/operators of Whitecaps Café in Oak Orchard. Mrs. Sekcienski said she doesn't buy that a new sewer system will bring about too many changes that would cause the need for Oak Orchard to incorporate. "To tell you the truth, I don't know how much more we CAN grow here," she said. "There's not a whole lot of space left. "The sewer may change some aspects, but I can't imagine it changing dramatically," she added. "And I kind of like things the way they are now."

But, as Mr. Miller pointed out, development is on the horizon for Oak Orchard. "As more and more seniors come in, there are many benefits a municipality could provide," he added. "But, it always seems to come back to money. "Sooner or later, though, development will come and people need to ask themselves do you want to control it or do you want it to control you."

Joe E. Carmean Jr. can be reached at 644-6323 or mean@newszap.com.