Rehoboth Beach suspends patio rules
Restaurants applaud decision

Cape Gazette
By Ryan Mavity | Mar 22, 2011

Rehoboth Beach — Diners in Rehoboth Beach will now be able to stay out on restaurant patios until closing.

The Rehoboth commissioners unanimously approved a temporary suspension of the city’s restaurant patio ordinance, March 18.

The suspension of the patio ordinance will last until Jan. 1. Mayor Sam Cooper said he hoped the city would have a permanent decision on patios and the city’s noise ordinance in place by then. City Solicitor Glenn Mandalas said the city could extend the expiration date if it were so inclined.

While patios can remain open, the city will continue to enforce the noise ordinance as written, measuring noise with decibel meters to determine whether a restaurant is violating noise standards.

Restaurant and business owners applauded the decision.

Susan Wood of the Cultured Pearl said, “I thank you for recognizing there is a difference between the noise issue and the patio issue.”

Wood said she thought the commissioners’ decision was fair, although she stressed that not all patios are responsible for noise problems. She said if anything, the city should consider moving the date up, to give restaurant owners, like herself, time to make any renovations to their patios before the next season starts.

Sheila Savaliski, owner of Seafood Shack, said she was glad the commissioners were moving forward, although she wished the commissioners had not ignored suggestions from residents and the business community.

“This has not been an easy past year for us. We’re struggling. Don’t run us out. This is where I want to stay,” she said.

The ordinance passed with very little suspense or debate, because the commissioners had worked out the details in January. Suspending the patio ordinance was a compromise between city officials, who believed the city had a noise problem with its restaurants, and restaurant owners angry over an unannounced crackdown in early September that saw several restauranteurs arrested for violating the patio ordinance. After months of debate over how to proceed, the commissioners decided to suspend the patio ordinance and enforce the noise ordinance.

Tom McGlone of Heirloom Wealth Advisors said the commissioners should set a deadline to ultimately resolve the noise and patio ordinances, instead of letting the issue linger.

Complying with a decision by the state’s Public Integrity Commission, Commissioner Stan Mills recused himself from the hearing and vote on the patio ordinance. Mills voted “yes” on two permit of compliance hearings held later in the meeting. Commissioners Dennis Barbour and Kathy McGuiness objected to his participation in those votes. Both permits were approved unanimously.

Other items

In addition to putting the patio on hold, the commissioners also unanimously approved placing two vehicle speed-monitoring signs on Columbia Avenue in an effort to slow down speeding motorists on the mile-long thoroughfare.

The commissioners approved a bid by Chester River Landscaping of Chestertown, Md., to plant up to 163 trees in public areas around Rehoboth. Chester’s winning bid was $183 per tree.

The city received a $28,000 state grant, which covers the cost of the project. Work will start around April 1, although state and city officials are still looking at areas for planting.

Finally, the commissioners awarded a $28,000 bid to Joshi Construction of Hockessin for redecking around the Delaware Avenue restrooms.

Rehoboth Beach suspends some patio rules

WBOC Delmarva News
March 19, 2011

REHOBOTH BEACH , Del. – City commissioners in Rehoboth Beach voted unanimously Friday night to temporarily suspend some patio rules for restaurants following months of tension between the two sides. The vote suspends the time limits for food service and occupancy on patios at bars and restaurants. The code previously required outdoor food service to end by 10 p.m. and patios to be cleared by 11 p.m. For the time, restaurants can continue patio use until their normal end of business.

Many agree the controversy is more about noise than patios. City leaders will likely need a compromise; businesses are fighting for their bottom line, neighbors are demanding quiet at night. Mayor Samuel Cooper said the change will allow the city to evaluate the code and possibly seek changes. The suspension will last until Dec. 31, 2011, unless repealed earlier.

Commissioner Stan Mills, who admitted during a commission meeting last year to starting the ordeal by requesting a crackdown on noise violators, did not take part in the 6-0 vote. An opinion from Delaware’s Public Integrity Commission said Mills should recuse himself from votes on the matter because he owns and rents property bordering the Blue Moon Restaurant (an establishment with a patio).

The city has an existing ordinance to regulate noise, which is still in effect. The patio suspension required a public hearing because it is a change to the city’s zoning code. A handful of people in the audience spoke. Rehoboth Beach-Dewey Beach Chamber of Commerce President Carol Everhart said the chamber supports the suspension. Friday’s vote was the latest development in a bitter battle between city leaders and restaurant owners. Mills said he walked through town at night in September, 2010, and checked on businesses he believed to be in violation of the patio rules.

City Manager Gregory Ferrese then invited Mills to a meeting on Sept. 8, 2010, with Mayor Cooper, Solicitor Glenn Mandalas, Police Chief Keith Banks and a building inspector to discuss the noise complaints, Mills said. A list of businesses that may be in violation was then forwarded to police. Rehoboth Beach police checked 12 bars and restaurants the night of Sept. 10, 2010, to make sure patios were cleared out on time, Banks said in a previous interview. Officers issued criminal citations to the owners of three establishments: Cloud 9 Restaurant, Porcini House and Aqua Grill. Last year, Mills acknowledged that police issued citations without receiving a list of grandfathered businesses, a move he called “embarrassing.” The commissioner said he assumed the city had a list of such restaurants readily available.

The PIC documents said charges have since been dropped against owners of Aqua. Banks said the summons issued to Porcini House was eventually dropped by the city because of the grandfather rule. Cloud 9 pleaded guilty and paid the fine, estimated to be between $$50 and $$150, Banks said.

On Friday, commissioners said they planned on seeking a more permanent solution to the noise debate in the near future.
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Story posted 2011.03.18 at 11:57 PM EDT