December 11, 2009

This Monday 10 a.m., December 14, commissioners' hall, our mayor and commissioners cast the important vote on its choice method for disposal of the City's wastewater. This vote comes as the culmination of more than year's worth of work on the part of the commissioners investigating all aspects of the issue, including conducting public hearings and public information sessions on the issue. The effort was intended to include as wide public participation in the issue as possible. Note that almost seventy-five letters were received by the commissioners stating views as to preferences for ocean outfall or for land-based application, and public testimony -- letters and in-person statements at hearings -- totaled almost one hundred citizens. Look to the City website www.cityofrehoboth.com to click on the link to listen to the public testimony given at the November 7 public hearing.

Ryan Mavity's story In last week's Cape Gazette gave good coverage of the issue.

Nancy Martin

Rehoboth set for wastewater vote Dec. 14
Four commissioners favor outfall

By Ryan Mavity

The Rehoboth Beach commissioners are expected to select an alternate wastewater disposal method Monday, Dec. 14, and if the commissioners’ statements are any indication, ocean outfall appears to be the choice.

At the Wednesday, Dec. 2 workshop, four commissioners – Mayor Sam Cooper and commissioners Lorraine Zellers, Willis Sargent and Pat Coluzzi – said they favored ocean outfall over land-based application. Commissioner Kathy McGuiness did not say she favored ocean outfall but she did not endorse land application either.

Commissioner Stan Mills said he was leaning toward land-based application but did not formally endorse a choice, and Commissioner Dennis Barbour said he wanted to wait until Dec. 14 to make his decision.

Outside the commissioners, the Delaware chapter of the Surfrider Foundation has been boisterous in its support of land application. Carol Everhart, president and CEO of the Rehoboth Beach-Dewey Beach Chamber of Commerce, said the chamber also supports land application based on negative perception of ocean outfall affecting visitation.

The city is under a consent order to remove treated wastewater from the Lewes-Rehoboth Canal by Dec. 31, 2014.

The proposed costs for ocean outfall have been estimated at $30 million, with Rehoboth user costs of $680 per year.

The city also has the option of partnering with Sussex County on a spray-irrigation project, with combined costs estimated at $99 million to $112 million, with estimated Rehoboth user costs of $968 to $1,374 per year.

Commissioner opinions

Cooper said, “One of the big selling points of land application has been the recharge of the groundwater. Eastern Sussex County, we’re very fortunate, we live on top of a huge reservoir of freshwater. No one has ever really stated how much recharge is needed at the Inland Bays ”

He said land application would not make an iota of difference on where the city gets its water and instead would be overcharging the ground water. Cooper said in southern and western Sussex, the state and federal government spent millions of dollars digging tax ditches to lower the groundwater.

Cooper called land application not reuse but land dumping. He said reuse is substituting treated wastewater for water that would be drawn from the ground or surface water.

Cooper said storage of treated wastewater for land application in the winter was also a problem.

Cooper also addressed the idea that Rehoboth’s public perception would be damaged if it chooses ocean outfall. He said Cape May County in New Jersey has four treatment plants, with three using ocean outfalls. Lewes; Ocean City, Md.; and the South Coastal Regional Wastewater Treatment Plant in Bethany Beach are also examples of ocean outfalls operating close to Rehoboth. Cooper said Ocean City has used ocean outfall for 40 years, has five times Rehoboth’s flow, 20 times the nitrogen and 20 times the phosphorus and is not as far into the ocean as Rehoboth has proposed.

“On both sides of us, there are discharges. I have not seen anything where because these communities use ocean outfall have they suffered in their tourism or gotten a black eye,” he said.

Cooper said land application can be effective in the right circumstances but is still an evolving science.

Mills said he did not have enough information to sway him either way in regard to the environment. He said he wanted to see an environmental impact study on both the alternatives by the Department of Natural Resources and Environmental Control.

“My personal view, I guess, is that I would sway toward land-based application. That’s with my personal hat on. My commissioner view is giving more weight toward what’s best for the community. I feel like I have to vote without all the information that’s in an environmental impact study,” he said.

Sargent said there is little or no value for recharging the aquifer or for agriculture because water is not a scarce resource in the area. He said he did not think there were any significant environmental problems with ocean outfall.

“I think the cost differences are huge. If the cost difference were totally reversed, I’m not sure I would be very strongly feeling land application is right. I think here, the difference is so great and the arguments for land application are so weak that the cost truly dominates. If there are pluses and minuses, this becomes a super plus,” Sargent said.

Zellers said, “Ocean outfall is the only option that totally removes the nutrients and the phosphorus from the bay. That’s what our consent order is to do. I think our treatment plant already treats to the highest standard. I feel that we should maintain our control over that. We would maintain our control of the effluent going out there. I’m uncomfortable with the land application, relinquishing that control.”

Coluzzi said, “We do not have an issue with our aquifer, with our water supply. Consequently, I think the ocean outfall is the right way to go.”

Clarifying misconceptions The workshop was an opportunity to debate and ask questions regarding both alternatives. McGuiness started the meeting by presenting a visual aid – four jars of water from four separate locations: Rehoboth Bay, the city’s wastewater treatment plant, the water fountain at the convention center and the ocean. The jars were an effort to show that the city is not dumping raw sewage.

“People need to realize, I don’t know what they are thinking when they are thinking sewage. But there’s a huge process with this plant. Wherever the water may end up going, on the land or redirecting the pipe from the plant to the ocean, it’s treated water,” McGuiness said.

Bob Stenger, supervisor of the city’s treatment plant, answered questions about the levels of treatment at the plant. Stenger said the plant is a tertiary treatment plant, meaning it involves biological and chemical treatment to reduce the nitrogen and phosphorus loads. He said there is also a screening process that captures any suspended solids, as well as bacteria.

Rip Copithorn, engineer for Stearns and Wheler, said the city’s wastewater treatment is above and beyond federal standards for nitrogen and phosphorus.

He said regardless of the alternative chosen, the plant will undergo upgrades, including a new filtration system, to ensure it lasts another 20 years. The city will maintain the level of treatment it uses now.

Mills asked Stenger about the potential for accidents resulting in raw wastewater getting into the ocean.

Stenger said generally accidents involving sewer systems come from combined systems for the sewer and the storm drain. Accidents have occurred in these systems when heavy rains overwhelm the system. Stenger said Rehoboth would not have that problem because the city has separate systems for stormwater and wastewater.

City Manager Greg Ferrese said Rehoboth does not permit stormwater to go into the sanitary system.

Stenger said there are always opportunities for accidents, but the biggest concern for Rehoboth would be a lengthy loss of power – a day or more – or a tank failure.

“If that happened, the water still has to pass through the plant. It’s still going to get screened,” Stenger said. “Although the treatment would not be the degree we currently have, it would still get treated.”

He said the plant also has a day-and-a-half worth of excess storage capacity, as well as backup power options.

Clean water council to discuss

Before the workshop meeting, several Rehoboth commissioners attended a meeting of the state’s Clean Water Advisory Council, which figures to be a primary funding agency for the project Rehoboth chooses. The council agreed to hold a workshop to discuss the Rehoboth project early next year.

Rehoboth must submit a notice of intent to the council by Saturday, Jan. 2, to be eligible for funding in 2010.

November 3, 2009

Dear Rehoboth Beach supporters:

The big public hearing on the city's choice of the disposal method of its treated wastewater is this Saturday morning, 10 a.m., November 7 at the Fire Hall. Please do show up and speak up if you can. Much can be learned at the hearing. (These hearings are never boring and are fine examples of small-town democracy working at its best.) The mayor and city commissioners are urging the widest possible citizen involvement because of the importance and long-range impact of the construction of the chosen wastewater disposal method.

Many citizens have already stepped forward and sent in to the city their statements as to the choice of the wastewater disposal method, asking that their statement be included in the public record November 7. You may wish to do so also. Email statements are to be sent to information@cityofrehoboth.com by November 7. Ann Womack at City Hall (302-227-4504) will collect all statements and then make sure that the statements are added to the record November 7.

For more information on the subject, look to the city website www.cityofrehoboth.com, Also you will find helpful information in Friday's Cape Gazette story by Ryan Mavity, "County pumps up new wastewater cost estimates; Rehoboth Beach prepares for November 7 public hearing":

Nancy Martin

Story in Friday's Cape Gazette:

By Ryan Mavity

After nearly a decade of studies, debate and waiting, a decision nears on Rehoboth Beach’s wastewater disposal alternative.

The city and Sussex County are set to unveil new cost figures for both a spray irrigation project and an ocean outfall.

According to an unfinalized, 180 page joint report on a county/ city partnership for land application, the total costs for spray irrigation would range from $ 91 million to $ 112 million, depending on where the city pumps the effluent and whether Rehoboth sends treated or untreated wastewater to a county facility.

A joint ocean outfall project is estimated to cost between $ 87 million and $ 94 million. County council voted last year not to partner in an ocean outfall with Rehoboth, preferring to pursue land application. If Rehoboth goes it alone on an ocean outfall, the cost has been estimated at $ 34 million. Any Rehoboth solution would include Dewey Beach, North Shores and Henlopen Acres, all of which pump their effluent to Rehoboth’s wastewater treatment plant.

The county’s study showed six alternatives:

No. 1A – Rehoboth pumps raw wastewater to the county’s Wolfe Neck Regional Wastewater Facility with disposal on land at the Inland Bays Regional Wastewater Facility

No. 1B – Raw wastewater is pumped to Wolfe Neck with disposal at a private facility

No. 2A – Treated wastewater pumped to Wolfe Neck and disposed at the Inland Bays facility

No. 2B – Treated wastewater pumped to Wolfe Neck and disposed at a private facility

No. 3 – Rehoboth pumps to an ocean outfall with county pumping at Inland Bays

No. 4 – Rehoboth and county pump to a common outfall with the county still using the Inland Bays facility.

The cost to Rehoboth residents for any of the first three options ranges from $ 1,010 to $ 1,430. For the two ocean outfall options, user costs are $ 550 and $ 635, respectively. The current user rate in Rehoboth is $ 325.

The report concludes that for the county, the costs of a combined ocean outfall and land application project are essentially equal. The county has already made an investment in land at the Inland Bays facility for use in a land application project.

For Rehoboth residents, ocean outfall appears to be the most cost effective method. As far as user costs go, the report determined that a public/ private partnership was not cost effective compared with the other alternatives.

Mayor Sam Cooper, who has generally favored ocean outfall, has said he wants to make a decision on an alternative by the end of the year.

Public hearing set for Nov. 7

The next step towards making a decision is a public hearing scheduled for 10 a. m., Saturday, Nov. 7, at the Rehoboth fire hall.

The city commissioners will hear public comment on each alternative, as well as comments on a county/ city partnership.

Speakers will have three minutes to make comments. Written comments prior to the hearing can be sent to the building and licensing department at 306 Rehoboth Ave.

For the past year, various parties have given opinions on the city’s decision.

The Delaware chapter of the Surfrider Foundation opposes ocean outfall and says land application is cleaner and more environmentally sound. Professor William Ullman of the University of Delaware’s College of Earth, Ocean and Environment has said in presentations to the Rehoboth Beach Homeowners’ Association and the commissioners that ocean outfall is the best solution for the city and will not pollute the ocean.

Bob Stickels, Sussex County’s representative on the state’s Clean Water Advisory Council – a primary source of funding for the project – said the council has no official position but has told the city to strongly consider land application or water reuse.

“ Rehoboth is important,” he said. “ The method should not affect funding as long as it meets the environmental requirements. The city will have to make the decision.”

Stickels said he plans to be at the Nov. 7 hearing.

For more information on the city’s alternate wastewater discharge methods, visit cityofrehoboth.com.

Letters to the editor in Friday's Cape Gazette:

Rehoboth should opt for ocean outfall

I hope the Rehoboth Beach Board of Commissioners will opt for an ocean outfall as opposed to land application when it considers competing treated wastewater disposal proposals. At a certain point in any constructive discussion, common sense trumps ideology. And I think that is where we are in this debate.

Ocean outfall is cheaper not only in capital costs but in recurring operating costs. In addition, ocean outfall may well be kinder to the environment when all facts are considered. Finally, it seems that ocean outfall can be a more certain method of keeping nitrogen and phosphorus from entering Rehoboth Bay.

Matthew Hennesey
Rehoboth Beach

Ocean outfall costs less than land application

The Sussex County and Rehoboth Beach engineers have recently issued a joint city/ Sussex County report that includes updated estimates of wastewater disposal costs. Compared to the numbers previously available the estimated total costs for ocean outfall, assuming only Rehoboth chooses ocean outfall, have decreased by $ 5 million from $ 35 to $ 30 million, and the estimated total costs for land application, assuming Rehoboth were to join the county, have increased by $ 3 million from $ 99 to $ 102 million. Furthermore Rehoboth’s share of these costs has now increased by $ 4 million, from $ 50 to $ 54 million.

In summary, the additional cost for Rehoboth to join the county in land application over the cost of ocean outfall has now increased from $ 15 to $ 24 million ($ 54 vs. $ 30 million now compared to $ 50 vs. $ 35 million previously). Thus, it now appears that it would cost Rehoboth 80 percent more to join the county in land application than to undertake ocean outfall on its own.

Spending $ 30 million for ocean outfall is estimated to increase the average water/ sewer bill from about $ 325 per year to $ 630, whereas spending $ 54 million for land application is estimated to increase the average cost to over $ 1,000 per year.

Bill Sargent

commissioner Rehoboth Beach

Three reasons Rehoboth should vote for outfall

I have been swimming in the ocean at Rehoboth for almost 55 years. I remember when the water was polluted with chicken feathers and heaven knows what else. Since water quality is so important, I decided to try to learn more about the two main proposals for wastewater treatment: 1) ocean outfall (treated water pumped more than a mile out to sea;) and 2) land spray application ( treated water pumped to and then sprayed on agricultural and/ or public acreage).

Obviously, no one wants to be in or near polluted water and, of course, we would like to conserve water, if it is in short supply. After doing some research, I have concluded that ocean outfall is the best solution for our community.

Here are my reasons: 1) First and foremost is the fact that the treated water will be so clean that a person can drink it without being harmed.

2) Because of our sandy soil, our water table is very close to the surface, so when farmers or others need to irrigate in our area, they do not need to dig far and therefore they do not need our water. I also understand that area farmers have been asked if they would like to have our treated water and they have declined. If all the water cannot be used as quickly as it is supplied, we might be forced to dump it into huge holding ponds and this dumping might create quite a few unintended consequences in terms of expense and labor. The idea of using public lands simply to contain the treated water which is not needed for any identifiable purpose seems to me to be wasteful and unnecessarily expensive.

3) It would be far less expensive for Rehoboth to go with ocean outfall. The respective costs to Rehoboth ( as estimated by Sussex County engineers) would be $ 50,000,000 for land spray and $ 35,000,000 for ocean outfall. It also is important to consider that the estimated operating costs for ocean outfall probably would be 25 percent less for ocean outfall than for the costs involved in pumping and spraying the treated water to land of any sort.

It seems to me to be counter-productive to spend more money to give people water they do not need and which would involve substantially higher operating costs. I hope, therefore, that the commissioners will vote for ocean outfall. Thank you for your attention.

Leslie C. Smith Washington, D. C.
Rehoboth Beach

September 29, 2009

This from Planning Commissioner Chair Dr. Preston Littleton:

Friday, October 2, at 1 p.m. the Planning Commissioners are holding a public site visit to the proposed Oak Grove major subdivision property on Rehoboth Avenue (site of McQuay's and the Oak Grove cottages) at the entrance to Rehoboth Beach. The purpose of the site visit is to help the Planning Commissioners to become better informed on what is now being proposed by the applicant for the subdivision and for the applicant to demonstrate the feasibility of what is now being proposed particularly regarding the road and the preservation of natural resources. This Friday site visit also provides the public an opportunity to learn more about what the applicant is proposing.

You might want to be there. Much can be learned.

Nancy Martin

September 27, 2009

The Comprehensive Development Plan, mandated by the State to be updated every five years, is the critical document that serves as the basic blueprint to guide all City action to provide for a bright and livable future for our Rehoboth Beach.

Look to the City website for a complete copy of the up-to-date proposed 2009 Comprehensive Development Plan, which unanimously passed the Planning Commission September 11, 2009: www.cityofrehoboth.com; click on link on left "City Planning"; click on 2009 CDP. (The following URL will get you directly to the 2009 Comprehensive Development Plan, which was passed by the Planning Commissioners and which must be passed by the City Commissioners and then sent to the State for its approval.) http://www.cityofrehoboth.com/index.cfm?fuseaction=trees.pageDetails&p=265-8-500

For your convenience, laid out below in full is the Executive Summary of the 2009 Comprehensive Development Plan.

Nancy Martin

NOTE: This final draft of the2009 Comprehensive Development Plan (CDP) was approved unanimously by the Planning Commission at its regular meeting on September 11, 2009. Once “camera ready” copies of the maps, figures, and pictures that are indicated in this draft are available, they will be inserted into this final draft.

The final draft of the CDP will then be forwarded to the Mayor and Commissioners for their review and action. While the Planning Commission is responsible for preparing the updated draft CDP, responsibility for approving the CDP rests with the Board of Commissioners.

Upon its approval, the CDP as finalized by the Board of Commissioners then is forwarded to the State for its review and certification.

Preston Littleton

Chair, Planning Commission

9/11/09 DRAFT #9 1

2.0 EXECUTIVE SUMMARY

NOTE: This final draft of the2009 Comprehensive Development Plan (CDP) was approved unanimously by the Planning Commission at its regular meeting on September 11, 2009. Once "camera ready" copies of the maps, figures, and pictures that are indicated in this draft are available, they will be inserted into this final draft.

The final draft of the CDP will then be forwarded to the Mayor and Commissioners for their review and action. While the Planning Commission is responsible for preparing the updated draft CDP, responsibility for approving the CDP rests with the Board of Commissioners.

Upon it approval, the CDP as finalized by the Board of Commissioners then is forwarded to the State for its review and certification.

A Call for Action

Cities and regions that thrive in the 21st Century will be identified by their lively neighborhoods and business districts, cultural and recreational attractions, great sense of place, protected natural areas, and pride in local character and products. In the down economy that is now gripping our country, it is tempting to cut back on planning and caring for our communities, thinking it is frivolous in the face of foreclosures and lost jobs. But disregarding the fundamental idea of thinking about the future in the name of thrift can create a downward spiral that causes a local economy to lose its edge and its citizens to lose their interest.

The current slowdown in development offers the perfect occasion to revisit our community's values, do some visionary thinking about where we want to go, and set our own course instead of being driven by outside development and political forces. Success in the future will probably not be defined in terms of an ever expanding Gross National Product. Instead, we must learn to live better with less, by focusing on creating great communities and emphasizing quality over quantity – quality of life, place, environment, and society. Investing in the culture and character of our community will assure that the quality of Rehoboth Beach will rise even if the national economy continues to fall.

Now is the time to plan for the next twenty years, build on our achievements, and search for new opportunities. Our 2004 Plan brought many successes in environmental protection, residential preservation, and continued the groundwork for the renewal of Rehoboth Avenue and its businesses. This was achieved through an open collaborative planning process with the citizens of Rehoboth Beach. To flourish in the coming years, we must increase this collaboration and form even more community partnerships. Only its citizens, be they full or part-time residents and/or business people, can assure that Rehoboth Beach remains a comfortable, small town and an active, prosperous resort. Only its citizens can keep these seemingly opposing aims in mind and build a place of natural beauty and intense activity as well as a place of stability for its residents and a community of opportunity for its businesses.

Rehoboth Beach is now and will remain a town within a town. It has two sets of active users--residents and visitors. It has two physical identities -- residential community and resort. And it has two levels of municipal service -- local and regional. Maintaining balance among these various identities is a continuing challenge of managing traffic, parking, oceanfront land use, 9/11/09 DRAFT #9 2

municipal service, business stability, commercial and neighborhood appearance, and governance. Rehoboth Beach will achieve this balance by using the Comprehensive Development Plan to give constant attention to the long-term foundations of our community – the ocean, beach, and waterways; the parks; the residential and commercial neighborhoods, the transportation network; and our public and private services.

Rehoboth’s 2009 Comprehensive Development Plan puts forth dozens of interrelated ideas to move our community toward its vision of the future. Given the nature of bringing about change in our city and in acknowledgement of the new realities of our economic climate, the Plan cannot suggest that carrying out its recommendations falls to the traditional parties – its elected and appointed leaders and its boards, commissions, and committees. The time when a few could shoulder the responsibility for all has passed with the days of easy credit and massive leverage. To be sure, this Plan calls for increased partnerships among the City, its many organizations, and its citizens but this call can too easily be laid aside in the name of relying on experience and practical expediency. We must not let this occur – leadership and financial support need not come solely from conventional sources and we should look to new ways to deal with our issues and their solutions.

The 2009 Comprehensive Development Plan focuses on four key areas:

Focus: Stewardship of our natural resources and the unique environmental demands of a coastal community.

One of the strongest themes found in the public workshops was the need to set a "green" tone for the 2009 CDP. One of the major opportunities in previous Plans was commercial revitalization, one of the main opportunities of this Plan is to give more emphasis to correcting environmental problems, understanding the environmental impacts of change, and promoting environmentally responsible construction and development practices.

Overall, a very high priority is given to "everything related to health of our waterbodies" including stormwater management, wastewater effluent treatment and discharges, buffer zones around the lakes, dune protection, green architecture, protection of our urban forest, and management of developments outside of the City that impact our aquifers and water quality,

This Plan issues an important first call to install a City-wide stormwater management system. Such a system should include runoff quality control retrofits to the existing system, solutions that curtail as much urban runoff as possible and redirect the remainder into the soil, consideration of new regulations to control runoff from individual lots, and City enforcement of its own state-of-the-art stormwater management ordinances. Dewey Beach, Sussex County, and the State are asked to partner in developing these plans and commit to their share of the costs. Rehoboth is within the "environmentally sensitive development areas" established by Sussex County, so everyone has an impact and should participate.

If we allow a lessening of the scenic and natural qualities of Rehoboth, we weaken our ability to attract new residents and visitors and undermine our capacity to build a strong, sustainable economy.

Priority Actions:

• Select and fund a wastewater discharge method.

• Install uniform wayfinding signage for the oceanfront and the facilities 9/11/09 DRAFT #9 3

supporting use of the oceanfront.

• Begin Silver Lake recovery using buffer planting, dredging, regulatory buffer zones, and assumption of overall responsibility for lake management.

• Continue to refurbish the Boardwalk and continue regular beach replenishment.

• Prepare a City-wide stormwater management plan.

• Investigate a City policy of requiring that all municipal facilities, City-funded projects, and City infrastructure projects be constructed, renovated, operated, maintained, and deconstructed using Green Building, Low Impact Development, and Conservation Landscaping principles and practices.

Focus: The City's resource and service capacities and the demands placed by residents and visitors.

Comments were offered during preparation of the Plan suggesting that Rehoboth was losing residents because of a lack of "community." Community was defined in this regard as more than the popular image of beach and Boardwalk, it was provision of local shopping for everyday needs; support for the elderly; availability of more suitable, more affordable housing for employees; mixed use developments that include housing to compete with the projects along SR1; and better harnessing of technology by the City so that all segments of Rehoboth are served.

This definition of community calls for a better understanding of how Rehoboth Beach "works." For example, as Rehoboth’s population changes (e.g. more retirees, more permanent residents) what impacts may be expected on social services, on a tourist-based economy, and on the blend of housing types required? Do ways need to be found to either decrease the burden on Rehoboth’s infrastructure from "day visitors" or gain revenue from these visitors to support the expense of our infrastructure and, at the same time, benefit local businesses? In other words, what is the price to enjoy Rehoboth Beach?

Several spending priorities are called for by this Plan and, taken as a whole, they form the basis for a short-range Capital Improvement Program (CIP) which identifies capital projects and equipment purchases, a schedule, and financing options. As the suggested actions are moved from the Plan to active community consideration, their impacts and interrelationships must be examined. For example: How would a Canal Park and water taxi impact transportation access? What is the cost for policing, lighting, and trash pickup? What is the appropriate timing for such a project? These are the types of questions that must be asked in preparation of a Capital Improvement Program where dozens of projects are examined alongside each other, priced, ranked, and timed.

A draft and unofficial CIP was prepared by the City in 2008 to gain an initial understanding of the magnitude of capital outlays to 2013 as seen by the heads of City departments. This is an excellent beginning and future preparation of such a document should require extensive community involvement to generate ideas and priorities but also to gain access to the wisdom and professional experience of Rehoboth’s residents. This is even truer in times of economic uncertainty. The process of developing a CIP must tap into the skills and resourcefulness of motivated citizens removed from, but aware of, the political consequences of proposing spending plans for government. An effective CIP process will develop a course of action from 9/11/09 DRAFT #9 4

the bottom up and make use of the human "capital" of Rehoboth Beach.

Community partnerships offer the best way forward. To succeed, all projects must become working partnerships with the people of Rehoboth and their organizations e.g. SOLA-3, Main Street, the Chamber of Commerce, the Historical Society, the Village Improvement Association, the several local service organizations, homeowner’s associations, etc. Creating a community consensus around economic development, workforce housing, and the many other issues will ultimately speed up action and attract more partners, funders, and the help of individuals who want to be part of the Plan. Too often citizens are treated as rivals. If we are to maintain our town as a great place to live and visit, then we need to build upon a vision of the future that is shared by all.

Priority Actions:

• With Main Street and the Chamber of Commerce, encourage and assist interested property owners in the creative redevelopment of properties on Rehoboth Avenue and its connecting streets.

• Establish a Canal Park along the entire western boundary of the City and, in collaboration with its neighboring jurisdictions, the City will work with federal and State agencies to ensure the maintenance, bank stability, and navigability of the Lewes and Rehoboth Canal.

• Plant and maintain curbside trees on all side-walked streets within the City and assure the connectivity and "walkability" of all sidewalks.

• Prepare a Community Forest Plan designed to increase public support and public involvement, make the best use of available land, promote the best technical forestry practices, increase afforestation efforts, reduce undesirable and invasive species, and secure the long-term management of its urban forest.

• Prepare a long range development, renovation, and maintenance plan for Rehoboth’s parks and recreation spaces.

• The City will refine and communicate its capital needs through preparation of a Capital Improvement Program.

Focus: The continued residential ambiance, resort attractiveness, and favorable business climate of the City.

This focus speaks to the "character" of Rehoboth Beach and a comment from a Workshop attendee captures its fragility: "Residents place the highest value on the current character of the City and the most discordant note in that character is traffic and automobiles. Increasing traffic should not be an invariable truth, we should not facilitate the automobile. Let’s think of a series of circulation measures to return Rehoboth Beach to a walkable community. Let’s change the paradigm and dictate our terms to our visitors, not the other way around." The idea of weaving Rehoboth together in a different manner recalls a different time, maybe when high tea was available at the Carleton Hotel, or a time when "walkable, bikeable, pedestrian-friendly" weren’t parts of our vocabulary, or a time when Rehoboth was a destination vastly different from home but very familiar anyway, or, finally, a time when our town wasn’t viewed by some frustrated 9/11/09 DRAFT #9 5

travelers as just another roadblock on the way to the beach.

Although the City is laid out in a way to make walking and biking feasible, our current policies and their enforcement do not encourage it. We need to find ways to make this vision a reality. Can we develop some visionary goals regarding Rehoboth as a special place for walking and cycling in terms of its street designs, its external and internal connections, and its non-auto preferences? Can we make sure that our roads and walks take people where they actually want to go? Can we make sure that people have a variety of transportation options – bus, tram, car, bicycle, etc. - to reach their destination?

Yes, we can take over the streets. Streets are the most prominent and prevalent public space next to our beach, and making them more pedestrian-friendly is the closest thing we have to a silver bullet for improvement. A walkable downtown Rehoboth and pedestrian-oriented neighborhoods will quickly become magnets for enhanced public life and economic expansion that will enrich our community in several ways at the same time. Transportation budgets are one of the best tools we have for making positive change now that DelDOT and the federal government understand that street projects have to benefit people as much as automobiles. These projects, much like the Rehoboth Avenue streetscape, should be planned and waiting on the shelf when funding assistance is available.

Priority Actions:

• Develop clear, well-defined, publicly supported policies for traffic management based on the following principles:

(1) Access for people should not be inhibited; rather access by people must be increased while traffic is decreased. In other words, Rehoboth will accept more people, it will not accept more cars.

(2) Rehoboth is essentially built-out; traffic management must rely on improving connections within and without the City and improving knowledge and acceptance of how to use the connections.

(3) The overall aim of traffic management in Rehoboth is to get cars off the streets and let people use alternate means of moving about the City such as walking, biking, and shuttle services.

• Adopt a "Complete Streets" policy to assure that as opportunities to revamp streets occur such streets are designed and operated to enable safe access for all users and connected in a City-wide integrated network.

• A Plan will be prepared defining City-wide alignments for a connected bikeway system.

• The Emergency Operations Plan should be adopted and the appendices that spell out specific responses to public emergencies should be completed, kept updated, widely publicized, and made readily available.

• Explore the creation, possibly as a public-private joint venture, of a water taxi connection with Lewes.

Focus: Planning for physical and functional change in Rehoboth. 9/11/09 DRAFT #9 6

This is a dynamic target for the City; traffic waxes and wanes, property owners seek new and creative ways to use their property, and development in the County pushes and pulls at the resources of Rehoboth. Responding to these pressures is a matter of up-to-date development ordinances, growth management tools that are flexible and responsive, and, very importantly, a working relationship with the State and the County that allows open discussion of all concerns and opportunities, a means of reaching consensus, and a means of carrying out joint decisions about growth. Managing change will require developing a new attitude toward the benefits of urban planning and an expanded capacity to perform urban planning within City government. Planning should not occur once every five years with a Comprehensive Plan update. It can and should occur on a daily basis.

Key areas for physical change are our downtown commercial streets - Wilmington, Baltimore, and First. To avoid outsized and inappropriate development that can crush the fine-grained urban fabric that makes downtown Rehoboth attractive in the first place, a "design image" is proposed to be developed for these areas that would describe an architectural and street character in drawings and models to be used as a source of ideas when individual properties are improved. The design image is an excellent opportunity to bring the business community, the downtown property owners, and interested residents together in common cause.

Priority Actions:

• Adopt the Official Zoning Map

• Conclude an agreement on the rezoning of the school property that preserves its essential open space and recreation functions.

• Thorough enforcement of the vacation rental housing regulations, health and safety inspections, and licensure.

• Institute an architectural review procedure as a limited time pilot program within the normal permitting process. Acceptance of the recommendations of architectural review will be voluntary during this period.

• Examine establishing a mixed use zone allowing a blend of residential and nonresidential uses as a means of encouraging the development and redevelopment of selected commercial areas along major commercial streets.

• Study how to physically upgrade the first two blocks of Baltimore and Wilmington Avenues and First Street to improve their commercial viability, safety, ambiance, and access by pedestrians. Include creation of a "design image" that would describe an architectural character for each block to be used as a source of ideas for owners when individual properties are modified.

• Undertake a thorough review of all development regulations not only for opportunities to streamline but for clarity and consistency with this Plan.

The full 2009 Comprehensive Development Plan addresses these and related issues in much more detail and provides background and rationale for the use of land in Rehoboth Beach into the future. It is designed as a policy and action statement that should remain valid in the face of change over the years by describing a set of visions and recommending specific actions to achieve these visions. Properly used, the Plan is the basis for decision-making at all levels of government and will guide the public and private sectors, working together in new and old patterns and organizations, toward successful maintenance of Rehoboth’s invaluable natural and human resources

September 25, 2009

Analysis of ocean outfall vs. land spray application issue by new Commissioner Bill Sargent, in Cape Gazette today:

Nancy Martin

Rehoboth commissioner addresses wastewater

Sussex County council members and Rehoboth Beach commissioners face momentous decisions with respect to wastewater treatment and disposal in the Rehoboth Bay watershed. The price tag will approach $100 million in capital costs and potentially cause thousands of water/sewer bills to increase by hundreds of dollars each year. Sussex currently disposes of its wastewater on land using spray irrigation, and Rehoboth disposes of its highly treated wastewater into the Lewes-Rehoboth Canal which drains into Rehoboth Bay and eventually into the ocean. Sussex must increase its disposal capacity to handle growth in the eastern end of the county and Rehoboth must contribute zero nitrates and phosphates to the Rehoboth Bay by the end of 2014. Since there is no technology available that would allow Rehoboth to meet this requirement, it must adopt a different disposal method.

Sussex and Rehoboth have two feasible methods for future wastewater disposal - land application and ocean outfall. The following paragraphs summarize the costs of several alternatives and note what seem to be key considerations that apply to each of these methods.

Capital costs: The county’s engineers have looked at various alternatives involving land application and ocean outfall and their latest calculations indicate that the estimated total capital cost would be $64 million for Sussex to use only land application and $35 million for Rehoboth to use only ocean outfall, a total of $99 million. Were Rehoboth to join Sussex in a land application solution then the estimated total costs are also $99 million, and if Sussex were to join Rehoboth in an ocean outfall solution then the estimated total costs are $92 million. Cost considerations are complicated by how costs are allocated.

For instance, Rehoboth’s share of the estimated costs for it to join the county is $50 million, $15 million higher than if it adopted ocean outfall. Similarly Sussex’s estimated costs to join Rehoboth in an ocean outfall solution increase to $74 million, $10 million higher than if it continued alone with land application. These costs are based on the county’s numbers. Rehoboth’s engineers believe that ocean outfall would be about $5 million less than the county has projected.

Operating costs: The estimated operating costs for ocean outfall are substantially less than those for land application. An engineering estimate for Rehoboth projects 25 percent less. Thus the long term cost advantage for ocean outfall is probably much greater than that suggested by just the capital costs.

Land application: A primary argument for land application is that it helps replace water that has been removed from the water table. However, in eastern Sussex County this does not appear to be an advantage because there is a massive water table and rain generally keeps it full. Another argument is that the nitrogen and phosphorus in wastewater act like dilute fertilizer and can help local farmers grow crops like hay or grains. However, within the Rehoboth Bay watershed it doesn’t seem possible to get the water to farmers at a price that is competitive with their just pumping groundwater that is so plentiful.

Moreover, land application requires that growing plant life absorb the nitrates and phosphates, but this does not happen without sunlight, and growth in much of the year is limited. To compensate, land application requires a combination of large holding ponds and extensive land areas. Furthermore, there is no guarantee against the possibility of nitrogen and phosphorus from wastewater entering Rehoboth Bay either by running off the land or by seeping into the ground and eventually entering the bay. This possibility is lessened as less wastewater is disposed of on a given parcel of land. However, the ultimate risk of land application for Rehoboth is that because of runoff or seepage Rehoboth might be forced to adopt ocean outfall while still paying for the capital costs related to adopting land application.

Ocean outfall: Even though Rehoboth’s wastewater now nearly meets drinking water standards and it flows into the bay and the ocean, just the thought of ocean outfall bothers many people. However, any risk to people swimming in the ocean from wastewater pumped out over a mile offshore would be vastly exceeded by the risk from people swimming nearby.

Ocean outfall has been used successfully in more than 150 locations throughout the United States, including 14 in New Jersey and one in Delaware. The South Coastal Ocean Outfall near Bethany Beach, about 12 miles south of Rehoboth, has been operating successfully for 30 years. Wastewater from a possible outlet near the north end of Rehoboth would be pumped out 6,000 feet and quickly diluted and swept out to sea. It would join water coming from the Delaware Bay that has roughly 20,000 times as much nitrogen and phosphorus. These chemicals do not appear to be a problem for the ocean in any event. Rainfall adds billions of times more nitrogen to the ocean, and phosphorous, a key element in every form of life, occurs naturally in the ocean, and most of what is in our wastewater was obtained from ancient seabeds.

What next?:The Sussex County Council has recently reaffirmed its intention of continuing to rely on land application for future growth. Rehoboth commissioners will need to review the above costs and considerations and determine which method seems most appropriate for the city of Rehoboth Beach. Once Rehoboth has decided then both Sussex and Rehoboth will need to address additional questions about future options and funding.

Bill Sargent
Rehoboth Beach commissioner

What happened at the September 18 commissisoners' meeting:

Oath of Office: Commissioners McGuiness and Sargent

The oath of office was administered by Mayor Sam Cooper to newly elected Commissioners Kathy McGuiness and Bill Sargent.

Vehicular Noise

A letter was read into the record complaining of the noise from motorcycles and other vehicles which have been engineered to bypass the muffler and to increase roar of the engine thereby disturbing the peace and quiet of the city.

Minutes

On a motion made by Commissioner Mills and seconded by Commissioner Coluzzi, minutes of the meetings held on July 6, August 7, and August 21, 2009 were approved unanimously.

Comprehensive Development Plan

The report of the Planning Commission noted the approval by the Planning Commission of the final draft of the Comprehensive Development Plan. The draft will be posted on the city’s website as soon as possible.

Wastewater

The commissioners agreed to hold a public hearing on November 7, 2009 at 10:00am at the Fire Hall to discuss alternatives for the disposal of wastewater.

Election of Officers

The following officers were elected by a 6-1 vote with Commissioner Mills voting “NO”: Vice Mayor- Pat Coluzzi; Secretary- Kathy McGuiness; Assistant Secretary – Ann Womack; Treasurer – Priscilla Smith; Assistant Treasurer – Paula Simpson

Commissioners Seating

Mr. Barbour made a motion seconded by Commissioner Coluzzi to change the seating of commissioners based on seniority. The commissioners voted to approve the change 6-1 with Commissioner Mills objecting because he wants to continue to run the projector.

Nancy Martin

September 17, 2009

Mayor Cooper has prepared an informative one-page paper outlining the status of the largest, most costly mandated project the City has faced in years, the choice of the treated wastewater disposal system: ocean outfall or land spray application.

Public hearings on the subject will be scheduled shortly.

Nancy Martin

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From Mayor Sam Cooper:

The Rehoboth Beach Wastewater Treatment Plant The current Rehoboth Beach Wastewater Treatment Plant (RBWWTP) was placed in service in November 1987 and is permitted to treat up to 3.4 million gallons per day on a monthly average. Peak flow to the plant has been about 2.3 MGD on a monthly average in the last several years with a drop to about 0.7 MGD during winter lows. The plant treats to an advanced secondary level and tertiary by some standards. During the late 1990’s the City, at a cost of nearly $3,000,000, added nutrient removal capabilities which resulted in reductions of over 60% for nitrogen and of over 90% for phosphorus. The WWTP receives flow from four discrete areas approximately as follows:

City of Rehoboth - 56%
Dewey Beach - 36%
Henlopen Acres - 4%
North Shores - 4%

Dewey Beach and Henlopen Acres waste is treated under contract with Sussex County - the City receiving 115% of audited costs of operation. North Shores waste is collected and treated under contract with the North Shores Board of Governors - the City receiving 150% of audited costs.

The Issue

In the fall of 1998 the Delaware Department of Natural Resources and Environmental Control adopted a Total Maximum Daily Load (TMDL) regulation for the Inland Bays. A TMDL identifies pollutants that may be impairing a water body and sets limits on these to return the water body to acceptable limits. This TMDL required the total elimination of the discharge of nitrogen and phosphorus from point sources including the RBWWTP. The City entered into a consent order with DNREC in 2002, agreeing to investigate alternatives and eliminate its discharge by the end of 2014.

Progress to Date

The City’s engineers issued a report in 2005 that looked at four possible alternatives. Two – land application and ocean outfall - were considered feasible. Ocean outfall was recommended because of cost and the lack of available land for land application. The City waited nearly two years for Sussex County to finish a planning study and determine if they had an interest in constructing a joint outfall. In early 2008 two utilities came forward with independent proposals to land apply the City’s wastewater. The City prepared a Request for Proposals which were to be received in the Fall of 2008. No one submitted a responsive proposal. In early 2009 the City and Sussex County received a grant to investigate the feasibility and cost for the City to partner with the County to land apply on County owned land in the Long Neck area. The results of this study were recently presented.

Land Application

Land application involves the application of treated effluent at up to 2.5 inches of water per week to agricultural crops. Land application as envisioned by the City/County report would have the City continue to operate its WWTP. A new pipeline, about 3.5 miles long, would be constructed to convey the City’s treated effluent to the County’s Wolfe Neck facility, which is located on the Lewes/Rehoboth Canal about midway to Lewes. The City’s treated effluent would be added to the County’s and sprayed on land currently owned by the State and leased by the County. This would diminish the capacity available to the County at Wolfe Neck. A pipeline would be built, on a cost share basis, to convey raw waste from Wolfe Neck to the County’s Inland Bays facility, a distance of about 11 miles. Additional treatment facilities would be constructed at Inland Bays to replace the capacity displaced by the City’s use of Wolfe Neck. The most important limiting factors for land application are nitrogen and hydraulic loading.

Ocean Outfall

The City’s current treated effluent would be piped to a location where a pipeline buried in the ocean bottom would be constructed to a point approximately 6,000 feet off shore. A diffuser consisting of lengths of pipe with nozzles pointed upwards, possibly in the shape of a “Y”, would be constructed at the end. Design depends upon getting adequate mixing of the treated effluent with the sea water in a limited distance from the outfall. Nitrogen and phosphorus are not an issue with an ocean outfall; however it can only be used with a high quality effluent

September 16, 2009

What's coming up at this Friday night's 7 p.m. September 18 City Commissioners' meeting: Please attend and support our mayor and commissioners if you can. Meeting times were changed to Friday nights so more citizens could attend and take part.

l. Administration of Oath of Office to new Commissioner Bill Sargent and to Commissioner Kathy McGuiness re-elected to office. Friday is Paul Kuhns's last day serving on the Board of Commissioners.

2. Minutes for meetings held July 6, August 7, August 21, and September 4 will finally be approved.

3. Public discussion concerning the process and timeline for deciding which of the two identified disposal alternatives -- a joint Sussex County/City of Rehoboth land application project and an ocean outfall project -- the City will pursue for disposal of its treated wastewater, including funding, permitting, other areas of interest, planning future discussion and related matters.

4. Further discussion of construction of sections of sidewalks where there exist discontinuous sidewalks including how the cost of construction might be assessed, possible cost-sharing arrangements, how the various locations might be prioritized, and the process to move forward including possibly drafting a resolution for a new public hearing.

5. Election of officers: Vice Mayor: Patricia Coluzzi; Secretary: Kathy McGuiness; Assistant secretary: Ann Womanck; Treasurer: Priscilla Smith; Assistant treasurer: Paul Simpson. Also adoption of resolution relating to the opening of bank accounts.

6. Approval of Street Aid Expenditures; Boardwalk Committee report.

August 31, 2009

The major issue facing our city commissioners is the decision for the method for the disposal of the city's waste water: via ocean outfall or via spray irrigation. The issue hardly sounds thrilling, but the issue is a pressing one and involves substantial costs as well as questions as to whether the City and County can and should combine its efforts to come up with the best disposal method for both. Last year the County stated it would not combine its efforts with the City in an ocean outfall method.

At this Friday morning's commissioners' workshop meeting, 9 a.m. September 4, the County engineers will report on a possible joint City-County spray land application project.

See Friday's Cape Gazette for reports on page 18.

Nancy Martin

Sewer project between Sussex, Rehoboth appears unlikely City leans toward ocean outfall; county wants spray irrigation
By Ron MacArthur

The debate over a joint, multimillion regional sewer project for Sussex County and the City of Rehoboth Beach swirls around like a stiff tropical storm breeze, but four things are crystal clear:

• Sussex County does not support the ocean-outfall option; officials only support options with land-application components

• City of Rehoboth officials face a December 2014 deadline to stop discharging treated wastewater into the Lewes-Rehoboth Canal

• Regardless of the option selected, the county and Rehoboth need upgrades costing at least $35 million to $49 million, causing an increase in rates

• For the first time in the seven-year discussion, a timeline has been established. “We need a clear direction within the next six months,” County Engineer Mike Izzo said during the Tuesday, Aug. 18, Sussex County Council meeting.

It was Izzo who put it best: “We all agree that this is endlessly complicated,” he said. “When we come up with what best fits the county, it seems to have a negative impact on the City of Rehoboth.”

And vice versa.

For that reason, it appears the best option may turn out to be that the county and the city go their own ways. Even that is complex because of the connection with Dewey Beach and Henlopen Acres customers. The county pays Rehoboth for treatment of wastewater from Dewey Beach and Henlopen Acres, which accounts for 40 percent of flow to the city’s plant. It all comes down to annual operating costs and cost to users. With the five final options on the table, Izzo admitted the best option for the county is not the best option for Rehoboth, as far as costs are concerned.

Under the county’s most cost-effective option, with raw wastewater pumped from Rehoboth to Wolfe Neck Regional Wastewater Facility with the excess piped to Inland Bays Regional Wastewater Facility for land application, the capital cost is $15 million more to Rehoboth. Estimated annual sewer rates for users would increase about $400 in Dewey Beach, about $600 in Rehoboth and about $800 in Henlopen Acres.

The total capital cost to the county would be $49 million; the cost to Rehoboth would be $50 million. Annual operating and capital costs to Rehoboth would be $3.7 million.

Under the least-costly option to Rehoboth, ocean outfall with the county expanding land application capacity at Inland Bays but not sending wastewater to the ocean outfall, Rehoboth’s estimated capital costs would be $15 million less, and operating costs would be about $500,000 less per year. Estimated annual sewer rates would increase about $200 in Dewey Beach, about $300 in Rehoboth and about $500 in Henlopen Acres.

The total capital cost to the county would be $64 million and to Rehoboth would be $35 million. Annual operating and capital costs to Rehoboth would be $2.6 million.

To join with Rehoboth in an ocean outfall project would add $10 million in capital costs to the county’s most cost-effective alternative.

Rehoboth Mayor Sam Cooper said he personally supports the ocean-outfall option, but city commissioners have not made a decision.

Although it would take an engineer to completely understand the options available, the county’s final five options range in capital cost from $99 million to $112 million. The breakdown in costs range from $44 million to $64 million for the county and from $32 million to $68 million to the City of Rehoboth Beach.

Under the options, which were outlined by Izzo and Dennis Wheeler of consultants Stearns & Wheeler at the Aug. 18 meeting, the county also provided Rehoboth officials with estimated operating costs, ranging from $1.5 million to $3.8 million.

Izzo said, and both sides seemed to agree, that the private option was the most expensive. Although Izzo requested a clear directive from council, a previous council passed a motion June 3, 2008, to oppose an ocean-outfall option and to support a joint, land-application option with the City of Rehoboth.

Council President Vance Phillips, R-Laurel, said council could debate the issue for another few months, but in his mind the decision has been made.

He said the county has already set its course by spending nearly $28 million to purchase more than 2,000 acres to expand spray irrigation capacity at the Inland Bays plant and recently approved a $900,000 design contract to begin a $10 million to $12 million plant upgrade.

“It seems the horse is out of the pasture,” Phillips said. “We can continue to debate the merits of ocean outfall vs. spray irrigation, but in the grand scheme of things, this county has set a course and I don’t see any overwhelming evidence that we should change that course.”

Councilman George Cole, R-Ocean View, agreed. “We already made a decision. That is the direction we are going in. We are moving forward,” he said.

Councilwoman Joan Deaver, D-Rehoboth Beach, said she would not support an ocean-outfall option. “We need to stay on land,” she said.

Phillips said the county would place the matter on the Tuesday, Sept. 15 agenda.

“It’s almost been like a game of chicken,” Izzo said. “Both sides have been reluctant to make a final decision if they are going with a joint project or going separately. The result is that we keep grinding through this process.”

August 22, 2009

We thank Joanne Hess for the following report on what happened at Friday night's Commissioners' meeting:

Report on Commissioners Meeting

August 21, 2009

All Commissioners and Mayor were present for meeting which began at 7 pm with reports from Police and Building and Licensing Departments, followed by report by Planning Commission’s Chair Preston Littleton on PC meeting held August 14. The commission heard a revised conceptual review of the proposed Oak Grove Motor Court major subdivision. Building Inspector Terri Sullivan will now submit the proposed plans to the various City departments involved in subdivision of the property. There will be a site visit of the property on October 9 in the afternoon, followed by a preliminary review by the Planning Commission at its regular meeting that evening. Following public hearings on the revised Comprehensive Development Plan, great progress has been made by the Planning Commission which will forward the draft to consultant Bruce Galloway to complete for final review by Planning Commission before forwarding to the Mayor and Commissioners.

Some discussion was held by both Commissioners and Mayor, and concerned citizens regarding alternate wastewater discharge methods, funding, planning future discussions, and related matters. The Sussex County Council met with engineers, interested city and state officials including Mayor Cooper on August 18 and 19 and its final report should be ready in a few weeks. At the next Rehoboth Beach Commissioners workshop (September 4), Sussex County Council will be asked to deliver its report. Engineering consultants Stearns & Wheler will be asked to present its updated recommendations to Mayor and Commissioners at the September 18 Commissioners meeting. A public hearing on the proposals could be held at the October or November Commissioner meetings. Commissioner Kuhns inquired whether consideration had been given to holding a referendum on the final vote on the wastewater system. Commissioner Barbour felt this was unnecessary, that City Commissioners were elected by property owners to decide what is best for the City and no referendum needed. Property owner Joyce Lussier commented that although she tried to remain current on all issues, she would not feel competent to vote on a decision made by Commissioners. Property owner Paul Lovett commented he hoped there would be a simple summary of all the issues, the positions for and against each proposal, available to everyone at the public hearings. Mayor Cooper responded the City was required to prepare such a summary.

The commissioners unanimously awarded the construction contract for Phase II of the Boardwalk Reconstruction Project to Mumford Miller at cost of $4.4 million dollars. Commissioner Mills reported construction would begin no earlier than September 8.

City Manager Greg Ferrese reported that while income in many areas is below budget, expenses are also being decreased. All City departments are working hard to limit spending, overtime costs and other expenses. The beach areas are prepared for Hurricane Bill with all chairs, tents, etc secured.

Note also: Commissioner Barbour stated that the minutes of the August 7 Workshop did not accurately reflect the discussion of the Complaint filed against the City and Nancy Martin by Ex-Commissioner Ron Paterson. He asked that approval of the minutes be deferred to allow the secretary time to review the notes and the recorded tape of the meeting. Commissioner Kuhns objected saying that the matter was not on the August 7 agenda (Note: the matter was considered under Item 8. Commissioner Announcements/Comments) and questioned whether the minutes should reflect the entire discussion. The Mayor and the City Solicitor said that any discussion at a meeting whether on the agenda or not is part of the record and should be so noted in the minutes of the meeting.

Nancy Martin

Look to the City website www.cityofrehoboth.com for all city business, including the updated draft of the Comprehensive Development Plan and agendas and minutes of prior City Commissioners' meetings.

Look to www.saveourcityrehoboth.org for all prior newsletters going back to 2005, covering issues including zoning code amendments, partitionings, subdivisions, the municipal complex issue, wastewater alternatives issue, voting statistics, election outcomes, the Comprehensive Development Plan, the Church Street light issue, the boardwalk renovation -- all issues before our planning and city commissioners. See also "Political History of Rehoboth Beach 1918 to 2008" by Mayor Sam Cooper.

August 14, 2009

Tonight 6 p.m. Commissioners' Room is the monthly Planning Commission meeting. Agenda below. Please come, if you can. See what is going on, what our commissioners are doing for us in the important job of planning for the future of our city; observe the discussions of the current issues focusing on subdivision and partitioning requests, zoning code amendments; offer your comments where appropriate. Crucial work is done in this planning stage, and the sessions are never dull. All decisions affect every one of us in this small one-square-mile gem of a city, the envy of other small resort cities.

Note that volunteers committed to the goals and work of Save Our City are particularly interested and engaged in the work of the planning commission. From the mission statement: "We support the active implementation of the Comprehensive Development Plan by our elected officials, and we work together as active volunteers to support our mayor and commissioners as they make the important decisions on planning, zoning, development, and density issues that protect our City.

We participate, and we actively encourage and engage in public service for the good of our community." [www.saveourcityrehoboth.org]

What the planning commission will cover tonight: (Planning Commissioners are: Chair Dr. Preston Littleton, Nancy Meadows, Jan Konesey, Patrick Gossett, David Mellon, Tim Spies, Harvey Shulman. As a result of a recent unanimous vote on the City Commission, the Planning Commission will be reinflated to a nine-member working commission.)

l. Oak Grove property. Discussion of revised plans for major subdivision at 43 Canal Street and 512 Rehoboth Avenue. Presentation of revised concept plans has been requested by Donna Benge, James Lovett, and Paul. Lovett, owners of the property.

2. Comprehensive Development Plan (CDP): Discussion and possible action on the draft of the 2009 CDP that has been revised following closure of the public comment period. Mr. Bruce Galloway, consultant, will present and lead discussion.

3. Status of Short Dead-end Street Ordinance.

4. Discussion and possible action related to the Board of Commissioners' discussion of allowing less than 5,000-square-foot lots. The Board is trying to come up with a solution regarding the owners of the lots on Park Avenue who found that they bought lots which were not as deep as they survey showed.

5. Report of any new subdivision applications that may have been submitted in the prior twenty-eight days and the status of pending applications or requests.

Nancy Martin

August 12, 2009

Again, the heartiest congratulations to Commissioner Kathy McGuiness winning re-election for a fourth term as City Commissioner and to Willis (Bill) Sargent, who joins our Board of Commissioners to serve with Mayor Sam Cooper and Commissioners Dennis Barbour, Pat Coluzzi, Lorraine Zellers, Stan Mills, and Kathy McGuiness.

Ryan Mavity wrote a most informative story about this year's election, comparing data with that of the last three elections, and focusing on the voting pattern and results of the absentee ballot votes. Note that absentee voting had become an issue in this year's election. In June former commissioner Ron Paterson and former judge Henry Horsey filed complaints against the City re the absentee affidavit and balloting process and against me including accusations of illegal or fraudulent activity (subornation of perjury, etc.) because I provided information about the absentee voting process in my newsletters. Both complaints against both the City and me were dismissed twice by the Board of Elections, after a three-hour hearing July 7 and a second hearing July 30 (at great cost to the City and to me), and it appears Paterson and Horsey will not appeal to the Superior Court. There was concern the complaints, widely publicized, would cause eligible voters to be intimidated and to chose to not vote in this year's election. It is possible that intimidation and vote suppression was an intent in the plaintiffs' decision to craft a complaint against the City including accusations against me.

You will find Ryan Mavity's news story interesting.

I also include in this newsletter the letter to the editor published in Friday's Cape Gazette from Howard Menaker and Joyce Lussier addressing the yearly attacks on Save Our City.

The story in Tuesday's Cape Gazette:

McGuiness, Sargent win in Rehoboth
Incumbent Paul Kuhns trails by 66 votes
By Ryan Mavity
For the third year in a row, an incumbent Rehoboth Beach commissioner lost re-election to a newcomer.

Former board of adjustment member Willis Sargent was elected as the newest member of the commission, defeating incumbent Paul Kuhns by 68 votes, 554 to 486. Incumbent Kathy McGuiness held onto her seat, accumulating the highest vote total with 584.

“I really enjoy it. I’d like to see these projects through. We have a lot to finish, a lot to embark on, as far as the wastewater alternative, so I’m very excited,” McGuiness said. “To me, it’s something I want to do. I’m happy and honored to be back in office.”

McGuiness will be serving her fourth consecutive term as commissioner. McGuiness, Mayor Sam Cooper and Commissioner Dennis Barbour are the only sitting commissioners who have served consecutive terms.

Sargent said, “This has really been a marvelous day. Not for me personally, but for a lot of people who cared tremendously about the city and felt that a degree of harmony in how we work together was so important.

“Our problems are big; they’re tough, and they are going to require a lot of working together.”

Sargent said he was cautiously optimistic of his chances but was very pleased when the results were announced. He said some of he reasons for his victory were three messages he wrote to voters.

“I talked about the fiscal responsibility issues. I try to put across an attitude of how we would solve problems and working together,” he said.

Sargent follows in the footsteps of his son Richard, who also served as a commissioner.

Of the last three elections, this year’s had the lowest voter turnout. Of the 1,489 registered voters, 987, or 66 percent, voted – 754 at the polls and 233 by absentee ballot.

Although the city did change its absentee voting procedures, this year marks the third straight year the number of absentee voters went down. In 2007, 352 people voted by absentee ballot, while last year 325 people voted absentee.

Sargent had the most absentee votes with 155. McGuiness finished with 142 absentee votes, while Kuhns received 90 absentee votes.

Unofficially, there were 79 absentee votes where the voter voted for only one candidate, also known as bullet voting. Interestingly, while Sargent got 41 absentee bullet votes, Kuhns received 36 and McGuiness only two.

Commissioner of Elections Wayne Steele said this year was not a mayoral race, which could contribute to lower voter turnout. Last year, with a mayoral race, 893 voters turned out. Still, the number of voters at the polls was 100 less than the last commissioner-only election in 2007.

-----------------------------------------

The letter in Friday's Cape Gazette:

Dear Editor:

"Attack on Save Our City"

It is really amazing. With a city election days away, some citizens chose to write letters to the editor last week, not about taxes, financial management, preserving the character of the city, wastewater disposal, protecting our lakes, the tree ordinance, or other serious issues. Rather, their issue was Save Our City, a voluntary group of citizens who take an active interest our city’s government and issues.

It’s a “shadow government,” they charged, and out to, well, do something bad. They apparently believe that if they can divert voters’ attention from the important issues, and succeed in making Save Our City an enemy, they will somehow prevail. This “Save Our City is really scary” strategy has failed for years, but they just keep rolling it out every year.

One writer, professing to educate readers about “the truth,” even compared Save Our City to Adolf Hitler. Really? Adolf Hitler? Does anyone who has been paying attention to Rehoboth Beach politics think any of the participants is worthy of being compared to Hitler? This comparison is as offensive as it is absurd and false.

Unfortunately, for some who seek to create enemies, the worst enemy of their divisive strategy is truth. The truth is that Save Our City is essentially nothing more than an idea. You can read the idea yourself on the Save Our City website at saveourcityrehoboth.org. The leading sentence of the Save Our City idea reads: “We are full-time and part-time residents of Rehoboth Beach dedicated to the ideal of nurturing and improving the unique character of our entire community, and committed to its long-term quality of life.”

The Save Our City idea includes “public service for the good of the community,” “preservation of trees and green spaces” and the “vitality of our unique downtown business district.” These ideas have not changed since the group came together several years ago. Go online and read it for yourself. In closing, the site states: “Save our City is an informal citizens’ organization without officers, dues or staff, raises funds through voluntary contributions and is registered with the Delaware Elections Commission as a Political Action Committee.”

There it is – the dreaded word: “PAC” (Political Action Committee). If the evil of Save Our City cannot be found in the ideas of the organization, then it must be because it is a PAC; everyone knows PACs are bad, all of them, bad to the bone. The truth, however, is that there are close to 250 PACs just in Delaware, including those who fight for police, childcare, firemen, nurses, teachers, the disabled, environmental protection, harbor pilots and taxpayers.

The truth, of course, is simple: an organization that intends to participate in political activity must, under Delaware law, register as a PAC in order to be transparent in its funding and its expenditures. And that is just what Save Our City did.

You should ask, “How intensive has the political activity of Save Our City actually been this year?” Well, Save Our City has spent the grand total of zero dollars in PAC funds in 2009, has placed no ads, made no endorsements and staged no rallies. All of this is online as reported openly to the state.

As supporters of the ideals of Save Our City, our plea is for you to make your own independent decision based on facts. Go online, do your homework, and consider the Save Our City idea. We hope you will sense good values, and come away in support, but whatever you conclude, set your own course, and make it one that does not have to create enemies and spread fear.

It is a tribute to the majority of voters in Rehoboth Beach that, for years now, they have figured this out on their own and elected strong and honest candidates to office. Let’s end this fear game once and for all.

Howard Menaker, Rehoboth Beach
Joyce Lussier, Rehoboth Beach

August 6, 2009

Election Day is this Saturday, August 8, 10 a.m. to 6 p.m. Registered voters cast their votes at City Hall. The Day traditionally is a fine small-town event, with lots of activity around the tents set up in the parking lot. Note: All are welcome at 2:30 p.m. to 4 p.m. to view the "open book" of absentee voters' affidavits. Then at 4 p.m. three election judges supervised by Donna Moore of City Hall will open and tally the absentee ballots. At 6 p.m. these absentee ballot counts are then entered into the voting machine in order for them to be counted along with the machine-cast ballots of walk-in voters. Immediately thereafter we will know which two candidates out of the three running for the two city commission seats will be seated for a three-year term. The candidates are resident commissioner Paul Kuhns running for re-election, nonresident commissioner Kathy McGuiness running for re-election, and full-time resident Wills (Bill) Sargent running for election.

How much does your vote count? Only about l,000 to 1,200 voters cast votes in our annual municipal elections. In 2006 Paul Kuhns won election by three votes and Kathy McGuiness won re-election by 63 votes more than Paul Kuhns received. It is clear neglecting to exercise one's privilege to vote in municipal elections can drastically affect the outcome. Note that 325 eligible voters (27 per cent of those casting ballots,) chose to exercise their privilege to vote by absentee ballot last year, an election which included the mayoral race in which Paul Kuhns failed to unseat Mayor Cooper by about ten percentage points. So far this year, 234 affidavits have been issued, and 213 voters have cast absentee ballots.

Election Day in Rehoboth Beach is an exciting event. Come to City Hall to vote and watch the action. The two winners will be announced just after 6 p.m.

And then . . .

Candidate Bill Sargent and Bette Sargent have invited every one of us to come to their home for an Election Night party. Their invitation:

What's coming up at Commissioners' Workshop Meeting this Friday, August 7.

Every city commissioner meeting, every workshop, every planning commission meeting and all hearings focus on issues of import to all of us in our one-mile-square city. Those who show up to see what's going on and who take part will report these meetings are hardly boring and often quite exciting. Do come, if you can, now that the meetings are scheduled for 7 p.m. Friday evenings.

This Friday the city commissioners at their workshop will vote on whether the Lovetts in their plan to build single family homes on their Oak Grove property keeping as many of the big old trees as possible will be granted the right to incorporate a short dead-end street rather than a through street. There would need to be ordinance changes.

See the Cape Gazette news story of Ryan Mavity on this subject:

The Rehoboth Beach commissioners postponed voting on new regulations for short dead-end streets or cul-de-sacs until Friday, Aug. 7.

The commissioners postponed the vote because the agenda indicated the ordinance would be discussed, but did not specify a vote would be taken.

City code says that dead-end streets or cul-de-sacs shall not be longer than 400 feet and provide a 40-foot turnaround at the end. The ordinance would amend this definition to allow for narrower streets with a reduced turnaround area provided the applicant receives approval from the planning commission and meets four triggering events:

• The dead-end street is not more than 250 feet long or does not have more than 10 lots with frontage on a dead-end street
• All lots are within R-1 or R-2 residential zoning districts
• The applicant demonstrates that natural features, such as trees, brooks, hilltops and views, will be preserved by making the street narrower
• The applicant demonstrates the street design is in accordance with good engineering principles and can accommodate vehicles and pedestrians using the street. If the planning commission determines the applicant has met these requirements, it can approve the following requirements:
• A turnaround of less than 40 feet or an alternative means of turnaround
• A reduced street width, not less than 37 feet
• A reduced paved width, not less than 16 feet.
• Each lot must have the city-mandated 50 feet of frontage on a street, unless the lots front on a planning commission-approved dead-end street.

The dead-end streets ordinance has been in the works for close to a year. The issue started after the owners of Oak Grove Motor Court, the Lovett family, sought a major subdivision of their land with a street narrower than city code would allow. The Lovetts said they wanted a narrower street to preserve trees on the land. They spoke in favor of the ordinance at the Friday, July 17 commissioners meeting.

The matter was first remanded to the planning commission, which helped craft the ordinance with city solicitor Glenn Mandalas. Planning commissioners Harvey Shulman, Tim Spies and Chairman Preston Littleton also spoke in favor of the ordinance.

“We wanted to be absolutely sure that we were limiting this to very small, very short streets, serving very few people, very little traffic,” Littleton said.

Commissioner Dennis Barbour made a motion to approve the ordinance but then withdrew the motion to allow further discussion.

“We could go on with this forever. I really believe there is a point at which you say ‘All right, is it good to go or is it not good to go?’ Just do it or don’t do it. But at some point you got to say, ‘This is the end.’ And I’m expressing frustration with the process we’ve been going through,” Barbour said.

Commissioner Lorraine Zellers was also in favor, saying the ordinance would help limit the circumstances where short, dead-end streets could be built in Rehoboth.

Still, others expressed reservations about the ordinance.

Former commissioner Ron Paterson said he thought the policy was shortsighted and there is a nationwide movement to have complete thru-streets as opposed to cul-de-sacs.

“There are at least 50 or so jurisdictions in America where you would not be having this discussion because what is being proposed – cul-de-sacs, short dead-end streets, whatever you want to call them – have been outlawed,” he said.

“I think this is a step backwards.”

Commissioner Stan Mills said, “I believe in the intent of this, however, I generally do not favor cul-de-sacs. I think thru-streets are the way to go. I hesitate to favor this at this time.”

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What else is on the Friday workshop agenda:

1. Wastewater discharge methods and funding discussions

2. Discussion of amending the Code that would exempt single lot development within the Special Single-family Residence District from the City's site plan review process.

3. Discussion of a request by the owners of 105 Park avenue that the City accept their donation of 135 square feet of land from this lot that would be added to the right-of-way of Third Street where it intersects with Columbia Avnue.

4. Presentation on Urban Heat Island Mitigation.

5. Award construction contract for Phase II of the Boardwalk Reconstruction Project, bids for which were received and opened on July 9, 2009.

6. Consideration of a proposed ordinance amending the Code relating to the right-of-way and construction requirements for short dead-end streets.

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Nancy Martin

July 30, 2009

Election day is nine days away, Saturday, August 8. Our City encourages wide participation in its civic affairs, extending voting privileges to all who own property in the City of Rehoboth Beach. Our City encourages voter registration and voting, encourages eligible voters to avail themselves of the privilege to vote by absentee ballot if they cannot plan to be in Rehoboth Beach Saturday, August 8, to personally cast their ballot for whom they wish to represent them on the City Commission, a most important position.

The process for voting by absentee ballot is laid out by the City: The eligible voter asks for an affidavit upon which the voter states why he or she cannot be present on Election Day; the voter fills it out and submits it to City Hall; the voter receives the ballot itself; the voter casts his ballot early enough making sure it is received at City Hall by 6 p.m. Election Day, August 8. The procedure is described in detail in prior newsletters (July 17 and July 22) and appears in "Voting Facts" on www.saveourcityrehoboth.org. The procedure is laid out on www.cityofrehoboth.com under "Elections." Voters are urged to call Donna Moore at City Hall with questions, including asking for an affidavit. (302-227-6181) Voters can vote by absentee ballot in one easy trip to City Hall 8:30 a.m. to 4 p.m. weekdays, and also this Saturday, August 1, 8:30 a.m. to noon. Click here if you wish to print out an affidavit to mail to or bring to City Hall: ***AFFIDAVIT FOR ABSENTEE BALLOT FORM

Donna Moore of the City reports that as of today, July 30, 166 eligible voters have requested affidavits and of those, 140 have completed the absentee voting process. At this time last year, which was a mayoral election as well as a city commissioner election and produced considerable interest, 229 eligible voters had cast absentee ballots. Last year 325 eligible voters -- 27 per cent of those voting -- chose to vote by absentee ballot.

There is concern that the June 29 complaints filed by former Commissioner Ron Paterson against the City and against me re the absentee voting process (dismissed July 7) and now the new Petition for Reconsideration filed July 22 and being heard at 4 p.m. today before the Board of Elections may have intimidated voters in this year's election.

May I urge all eligible voters to take advantage of our right to vote. Support your candidates who have worked so hard in this campaign stating why and how they wish to serve us on the City Commission. Your vote carries enormous weight. Only about 1,200 votes are cast in municipal elections. Candidates in recent elections have won or lost by three, seven, ten votes.

Nancy Martin

July 29, 2009

Yesterday's Cape Gazette:

Along with the front-page story "Epilogue for Rehoboth Beach election complaint: Special meeting set July 30 to hear petition" (Petition for Reconsideration of the complaints against the City and Martin dismissed July 7), Ryan Mavity reported "Rehoboth candidates go for round two: wastewater, municipal complex are hot buttons" on page 5.

Below is the second story, covering the Homeowners Association candidate forum held last Thursday night at CAMP Rehoboth, moderated by Steve Elkins. By asterisk, I note additional facts intended to clarify dialogue reported in the story. If you would like me to forward to you, in easily-opened audio format, the full recording of this candidate forum, I would be happy to do so. Write to me at nancymartin2@verizon.net.

The three candidates – incumbents Paul Kuhns and Kathy McGuiness and former board of adjustment member Willis Sargent – are competing for two seats in the Saturday, Aug. 8 election.

Kuhns opened the forum by addressing what he called “the $10,000 threat.” He said Sargent has intimated that Kuhns wanted to go forth with a new city municipal complex, at a cost of $10,000 per property owner.

Kuhns said nothing could be further from the truth, and the commissioners voted to shelve the project.

“We are in a city-wide, a nationwide financial crisis. It would be financially irresponsible on the side of the city to even consider spending any money for a project like this,” Kuhns said. Sargent shot back that he asked Kuhns at the last candidates forum on July 15 if he had misrepresented Kuhns’ position on the municipal complex and Kuhns had said no. **

“Let’s just leave it at this, if we both see the wisdom of handling things in a responsible way, hallelujah. I don’t have any problem with that,” he said.

McGuiness said it was a personal goal to continue the progress made during her years as commissioner. She said she wanted to preserve and protect the city’s beaches, Boardwalk, trees and residential areas.

Candidates then responded to prepared questions from the association.

In the event the city will not be able to borrow funds through any safe mechanism, what proposal will you present to help pay for the estimated $36 million wastewater solution?

Kuhns: “This scenario is highly unusual and most likely will not happen. I anticipate there will be monies available through grants, whether from the federal government or the state government, or through loans from the state revolving fund or clean water fund. However, we do have a mandate to discontinue piping our wastewater into the canal by 2014.

“Regardless of where the funds come from, whether it’s from the state or from the public municipal bond market, we must prepare now. We must have a long-range plan to pay for this project in place. Our engineers have recently published a report that states that all user rates for citizens of Rehoboth will increase approximately 115 percent.

“At the recent budget hearings I suggested, and the commissioners accepted, to place a surcharge on all wastewater bills to begin the gradual increase in wastewater rates. I suggested 20 percent; the commissioners agreed on 10 percent. Ten percent is a good place to start, but in order to gradually increase to 115 percent of what they are today over the next five years, we need to increase that percentage. Therefore, property owners in Rehoboth won’t be slammed with a 115 percent increase all at once in 2015.”

Kuhns said by gradually increasing the rates now, the city can raise $5 million to $6 million to help pay for the project and, depending on operating expenses, the city can also keep wastewater rates flat for a number of years after the project is finished. He said property taxes will not be raised to help pay for the project.

McGuiness: “I think at this point, funding is the least of our worries since we are awaiting direction from the county to see if they are going to partner with us and at what route, which will all change the price phase. This will dramatically lower our price, thus your price.

“Since the state is forcing us out of the canal to improve the health of our bays, I envision there will be some form of assistance. Depending on the economy, we could stand to get millions or such. If there is no money, clearly we can grow as needs dictate and implement raising the rates.”

McGuiness said Rehoboth is not the only player in the wastewater alternative, as the city also gets contributions from Henlopen Acres, Dewey Beach and North Shores.

“We’re going to have to look at everybody’s rates and adjust them accordingly. When dealing with the clean water fund with the state, Rehoboth Beach is ranked highest in line for projects. So I think there will be money for us. When we’re going to do this wastewater alternative, whatever we do, we have to build as if it’s Fourth of July weekend. We have to build for the highest capacity.”

Sargent: “It doesn’t make any sense for us to finance $36 million. That would be so wrong. There are really two things that I think we have to do. No. 1, we have to coordinate with the county. Now, the county may balk, we may have to negotiate, we may have to involve the state, but for us to have duplicate facilities would be a crime.”

“The second thing I’m going to say is, we have to go to ocean outfall. We have to have that. There are wonderful arguments that say, ‘Hey, land application works like a fertilizer.’ I’m not against that. If, in conjunction with the county, with the conjunction of water companies, some good use can be made of our water, great. But the problem with putting water on agricultural lands is, it doesn’t work at night. It only works when crops are growing. It’s very seasonal.”

“For us to count on land application exclusively has a lot of risks because things will run off, eventually, into the bay. That defeats the whole purpose of what we will do.”

Sargent said his concern is that if the city does not do ocean outfall now, it will have to in 10 or 15 years. He said the funding issue is still murky, but he agrees with raising the wastewater rates now.

Over the last year and a half, the city has expended significant funds to advance the concept of a new 911/police building, a renovated City Hall, improvements to the convention center, potential parking structure and converting the lot behind the fire hall to paid parking. To date, none of these issues has moved forward. How would you propose bringing them back to the discussion phase?

McGuiness: “I would probably answer, why? I was very much for this; we have a wonderful building at 306 Rehoboth Ave., which are building and licensing and the IT department. We wanted to move forward, but as the economy changes, as everyone might be aware, you have to take a step back, reevaluate and look at what you have to do versus what you’d like to do. I know the police station is a big concern. The conditions are deplorable. Clearly, we simply have to prioritize according to what funds are available, and I think that’s just common sense.”

Sargent: “I think it’s good that we all agree that now is not the time to begin a municipal complex. It is a fair question, when that time comes, what is the process we go through? I think that a new public safety building is Job 1 when that time comes. And when that is, what features do we want? There’s lot of preliminary questions. I just hope it’s not too long. There are a lot of things that are not right. That building was built in 1965. I hope it is not too long until we have the new facilities, and we go through a process that involves the citizens, and we end up with something we’re extremely proud of.”

Kuhns: “Given the current economic climate, it would be fiscally irresponsible to embark on a new plan and a new architect. However, the city does need to address the conditions of our outdated police facilities, our cramped 911 center and our overcrowded administrative offices.”

“We need to establish a long-range plan for addressing these very important issues with our city services. I believe the city needs to develop a plan of how and when to approach this thing. I believe the city needs to be shovel-ready with this plan in order to take advantage of better economic times we may see in the future. Look at the Boardwalk; look at Streetscape. We were able to take advantage of available monies because we had a plan in place.”

The candidates also addressed possible changes to the tree ordinance. Kuhns said the city should focus on canopy management, while McGuiness said the city should look into establishing a tree inventory within the city. Sargent said he would like to see a program that would arrange for the replacement of trees.

The audience was then allowed to ask questions.

The candidates were asked about the recent restoration of the planning commission back to nine members. Kuhns and McGuiness, who both voted to reduce the commission two years ago, said they thought at the time that the planning commission would be more efficient with seven members. Both said they listened to members of the commission, who felt they were ineffective with seven members.

Sargent said he was sorry when the commission was reduced but was glad it was restored back to nine.

The audience also asked about beach replenishment, overgrowth at Central Park, recent election complaints*** and county and public input on the wastewater decision.

Finally, each candidate was allowed a closing statement.

Kuhns said, “I’m ready to continue to serve all of Rehoboth Beach and ask for your vote on Aug. 8.”

McGuiness said, “I’m a motivated person, a team player, and like I said before, I use the common-sense approach. My motto is always and will continue to be to preserve, promote and protect Rehoboth Beach.”

Sargent said, “It’s not an easy decision. I look forward to serving you. Should I win or lose, this running process has been fabulous. I hope I can serve you well as a commissioner.”

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Comments from Nancy Martin:

**Those of us attending the Chamber of Commerce candidate debate in the Commissioners' Room moderated by Dennis Forney July 15 heard candidate Bill Sargent answer a question from the audience and repeated by Dennis Forney, generally stated: "How do each of you differentiate yourselves from the other candidates?" Bill Sargent stated, generally, that the most significant difference between him and candidate Paul Kuhns is the approach to financial issues in the city. While Bill Sargent was opposed to pushing forward and promoting plans for a new municipal complex at a time when the City is faced with a mandated bill of $30,000,000 or more for the wastewater treatment and disposal structure, his opponent was promoting such plans at the same time while dealing with the enormous expense of the treatment facility. Bill Sargent then looked to candidate Commissioner Paul Kuhns and stated, generally, "I do not want to put words into your mouth. Do I have that wrong?" Paul said no. Moderator Dennis Forney gave Commissioner Kuhns a second chance to refute or rebut the statement just made by Bill Sargent as to the differences in the candidates. Commissioner Kuhns said no.

Minutes from the September 15, 2008, commissioners' meeting show that only Commissioner Paul Kuhns and Commissioner Stan Mills voted against shelving the new municipal complex plan.

***A citizen posed a question about whether the commissioners had prior knowledge about the June 29 complaint about absentee voting filed by former Commissioner Ron Paterson against the City and against Martin and whether any had prior knowledge about the new July 22 petition for reconsideration.

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Importance of your individual vote:

Please note the importance of voting in this election, whether by absentee ballot, which must be done early enough to assure your ballot is received at City Hall by end of Election Day August 8, or in person at City Hall 10 a.m. to 6 p.m. Election Day. Call Donna Moore at the City to ask for an affidavit and to have your questions answered: 302-227-6181. See sidebar "Voting Facts" at www.saveourcityrehoboth.org, which includes detailed information how to obtain an affidavit for voting by absentee ballot and also fascinating facts about the great weight each vote carries in our annual municipal elections, where only about 1,200 people vote, and noting past elections that are decided by three, seven, ten votes. Commissioner Kuhns, now running for re-election, was elected in 2006 by only three votes. He lost last year's campaign to unseat Mayor Cooper by ten percentage points.

Nancy Martin www.saveourcityrehoboth.org

(See website for all prior newsletters, information about the proposed Comprehensive Development Plan, the Political History of Rehoboth Beach 1918 to 2008, information about upcoming city and planning commission meetings and hearings, and other civic and cultural events in Rehoboth Beach.)

July 20, 2009

Report of Joanne Hess of City Commissioners' meeting July 17, 2009:

l. Listen to the five- or ten-minute audio recording (www.saveourcityrehoboth.org) of the passionate deliberations at the City Commission Monday night after Commissioner Dennis Barbour made a motion for the City Commission to restore the number serving on the Planning Commission Board back to its initial and long-standing size of nine members. In 2007 four commissioners successfully moved to deflate the Planning Commission down to seven members, for reasons never supported. You will want to hear the statements made by two of the commissioners who had supported the deflation in 2007. You will want to hear the statements of the attending Planning Commissioners, Chairman Dr. Preston Littleton, Harvey J. Shulman, and Tim Spies, reiterating the work load they have been carrying as city planners, noting the big public hearing coming up the next day and the fact that they now have been given the responsibility for site-plan review. You will want to hear the statement of Mayor Cooper applauding the unanimous vote to restore the Planning Commission to its original size, stating he found the action of the City Commissioners in 2007 more than "hurtful" as Dr. Littleton noted, but "hateful" and "despicable."

2. Concerning alternate wastewater discharge methods, the City is still waiting for engineering study on spray irrigation system, due August 11, and the review of report by Sussex County Council -- whether and to what extent the County will participate in the construction project and share costs. Folowing the report and review, the City can begin to consider whether to proceed with ocean outfall plan or a spray irrigation method.

3. Chair Dr. Preston Littleton reported on Planning Commission meeting held July 13. The Commission deferred action on request to partition lot at 105 Park Avenue until result of action creating a triangle to be dedicated to the City is voted on by the City Commissioners. The last public hearing to review the revised Comprehensive Development Plan would be held July 18. [Note: The Planning Commission was presented testimony by many citizens on July 18. Chair Littleton has expanded the time period for citizens to send in additional comments about the proposed CDP. Citizens should write comments and send to cdp2009@cityofrehoboth.com.] With the completion of the CDP revision, the Planning Commission will now move its monthly meetings to the second Friday of each month, beginning August 14.

4. Following considerable discussion, the Commissioners moved to hold a special meeting at the August 7 workshop to consider and vote on a proposed amendment relating to the right-of-way and construction requirements for short dead-end streets.

5. City Manager Greg Ferrese announced the State would now provide $120,000 toward the costs of renovating the Rehoboth Beach Museum. The contract for completion of the renovation of the Boardwalk has been tentatively awarded to Mumford and Miller.

6. The Commissioners unanimously granted a Permit of Compliance to Nicholas and Joan Caggiano and Nicola Pizza, Inc., to operate a new restaurant to be known as "Nicola Pizza on the Avenue," to be located at 71 Rehoboth Avenue. The owners hope the wait time for Nicola's can be significantly reduced with the opening of the new restaurant.

7. By unanimous vote, a Permit of Compliance was issued to Atlantic Seafood Grille to add food pickup and service bars, and modify the floor plan for the resstaurant located at 101 North Boardwalk.

Nancy Martin

July 19, 2009

1. Right and privilege to vote by absentee ballot: Facts.

Registered voters for the Rehoboth Beach municipal election have the right and privilege to vote by absentee ballot. Please exercise that privilege if you wish. Each vote in Rehoboth Beach elections where only about 1,200 people cast votes carries extraordinary weight and can drastically affect elections. (See "Facts re voting," which includes specific information about the process for voting by absentee ballot, in July 19 newsletter posted at www.saveourcityrehoboth.org. Call Donna Moore at the City office with questions: 302-227-6181)

Interesting current facts: (Information obtained from Donna Moore of City of Rehoboth Beach):

In 2008 there were 1,462 registered voters. The total number of votes cast in the 2008 election was 1,218: 893 walk-in votes on Election Day and 325 absentee votes cast before Election Day. Thus, 26 per cent of the voters who cast ballots in 2008 chose to vote by absentee ballot.

In 2009 there are 1,495 registered voters, 33 more than last year. At this time last year, July 20, 2008, 124 eligible voters had requested affidavits for voting by absentee ballot. This year, July 20, 2009, 89 eligible voters so far have requested affidavits for voting by absentee ballot.

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2. Five letters to editors, all with different focus, re the nonresident and absentee voting process and the complaints filed by former commissioner Ron Paterson and by Henry Horsey against the City and against Nancy Martin re the process for voting by absentee ballot. (Both complaints against both parties were dismissed by the Board of Elections at the July 7 hearing.)

Look to www.saveourcityrehoboth.org under "Newsletters" for the most interesting July 10 story of the hearing and the dismissal written by Ryan Mavity of the Cape Gazette.

The equally interesting letters:

Paterson wasting Rehoboth’s tax dollars
This week one of Rehoboth’s most contentious and consequential debates concerning the right to vote momentarily came to a close with a thud for those who appear to resent the nonresident franchise and the ability of all of our citizens to vote absentee. For now victory has gone to our citizens who have championed open debate and citizen involvement. But as the masthead of this newspaper reads: “Vigilance is the price of liberty.” That is to say, it’s not over; they will be back. In short, in late June defeated Commissioner Ron Paterson filed a complaint with the Rehoboth Elections Board. The complaint was against the city, alleging that it made absentee voting too easy. The second part of the complaint was against a private citizen who encouraged citizens to vote absentee if there was a possibility they would not be able to vote in person. Mr. Paterson alleged that was a criminal offense. On July 6 the Rehoboth Election Board dismissed both complaints. As one of the most vocal participants in this week’s debate, and the commissioner whose electoral legitimacy was so comically questioned in the process, I believe I have a unique perspective from which to comment on what has transpired.

I’ve been a nonresident Rehoboth Beach homeowner for 17 years. For the past four years I’ve been privileged to be a non-resident city commissioner. I became a city commissioner not because I was offended by the fact that the city is efficiently run, safe and clean, with extraordinarily low property taxes and no debt, but because the developers had adopted the city as their piggy bank. As a result, our quality of life was being threatened. I know that there are those who disagree with me on this assessment, but the voters apparently agreed in 2005 and 2008, when I was re-elected on a record of preservation and a promise of more to come.

It is no secret that I won my first election in large measure due to the support of Nancy Martin and Save Our City, two very distinct political creatures. Of that fact I am not only honored, but very proud. For the uninitiated, Nancy Martin is one of Rehoboth’s most committed public leaders. Her roots in Rehoboth politics go back to the ‘90s. Armed with only a secondhand computer and her determination to preserve Rehoboth, Nancy Martin has revolutionized Rehoboth politics. Save Our City is a group of citizens who responded to Nancy’s call for civic engagement and formed an independent political action committee. In recent years it has been the most, and in many cases, only, transparent political actor in Rehoboth.

Because of Nancy’s work, countless Rehoboth citizens are better informed about our civic affairs. Nonresidents like myself have not only become better informed but have become engaged. We have all become better citizens and our community has been the better for it. Nancy does not always agree with her detractors and followers, but that is not the point; she relishes opposing views and spirited debate. That’s the point.

This week, the Rehoboth Beach Village Improvement Association, as part of its centennial celebration, gave its first Citizenship Award to Nancy Martin, for her service to our community.

As I stated in my prepared remarks at the July 6 city commission workshop (saveourcityrehoboth.org), Mr. Paterson’s complaint was not only baseless, but could serve to discourage absentee voting. In the process, Mr. Paterson’s complaint attempted to silence a private citizen whose only objective was to inform our citizens that they had a right to vote absentee.

Mr. Paterson’s attempt to frustrate the voters was transparent. He has wasted our public tax dollars in an attempt to re-litigate a certified election that he lost in 2008. He has forced the City of Rehoboth to spend our tax dollars embroiled in a baseless assault on a private citizen who has performed a public good. Mr. Paterson should be deeply, deeply ashamed.

Dennis J. Barbour
commissioner
City of Rehoboth Beach

Divisiveness in Rehoboth a real travesty
It should be obvious to anyone who followed the pre-election complaint against the City of Rehoboth Beach about absentee ballots that the war being conducted by a small group of city residents against nonresidents is continuing and intensifying. The complaints filed by defeated Rehoboth Commissioner Ron Paterson and lawyer Henry Horsey raised issues that they failed to formally protest after the last election, and which could have been filed any time this past year. Instead, they were filed to have the maximum potential to intimidate Rehoboth voters and discourage political participation in the upcoming election of 2009. Adding a complaint against Nancy Martin for simply informing voters of their rights and choices, and accusing her of crimes, was small and mean-spirited, and is hopefully the low point of Rehoboth Beach politics – it’s hard to envision anything lower.

This divisive movement against nonresidents began when Commissioner Paul Kuhns proposed banning nonresidents who live more than 50 miles from Rehoboth from any service on city committees. From there the attack on absentee voters, mostly non-residents, proceeded in the following election and once again in this outrageous complaint by an angry defeated commissioner on behalf of others, some still in government, who would just as soon exclude nonresident participation. Fortunately, the board of elections distinguished itself by immediately dismissing the ridiculous charges against Nancy Martin, who virtually symbolizes inclusive participation in government and politics in Rehoboth. Then, after hearing very long arguments on all sides of the complaints, the board denied all allegations and relief for Ron Paterson and Henry Horsey. Good for the three gentlemen who serve on the Board, and good for the City of Rehoboth Beach. I, for one, have had more than enough of the kind of divisiveness that these complaints and other actions of some of our leaders represent.

James E. Ellison
Rehoboth Beach

Rehoboth Board of Elections deserves praise In my personal vision of hell, I imagine a separate level within where it is not so much hotter, but the humidity is perpetually at mid-August levels. It is reserved for the likes of individuals whose greatest sin was to waste everyone’s time. Presently I can think of no two more eligible to reside there than former City of Rehoboth Beach Commissioner Ron Paterson and former Justice of the State Supreme Court Henry Horsey, whose complaints were heard before the Rehoboth Beach Board of Elections last Tuesday, as reported on the front page of the July 10 Cape Gazette. It was a testament to mean-spiritedness, exclusion, pot shots, sour grapes and narcissism. What did they expect to achieve, other than to conduct a feeble and rambling attempt to disenfranchise voters and to perpetrate a personal attack on one of our most respected and beloved citizens, Nancy Martin? Their contention that the city’s absentee voting process was not in accordance with state law was incorrect, and that somehow it gave an advantage to certain candidates is laughable. And their crass accusations regarding Ms. Martin’s dissemination of pertinent information about city election matters were delusional and shameful.

Fortunately, the members of the election board conducted the hearing professionally and with due seriousness. I commend them for their diligence and for dismissing all charges.

Of all the wonderful pleasures and virtues of living in Rehoboth Beach, none is more valuable than the right of both residents and property owners to vote in local elections. And for these two former officials to attempt to erode the rights of nonresident voters, and to create unwarranted controversy prior to an upcoming election, there must be a special place for them.

I give hearty congratulations to the members of the Rehoboth Beach Board of Elections, Lee Artis, Ken Kesmodel and Chairman Allen Morris for their thoughtful and well-reasoned decision.

Bunky Markert
Rehoboth Beach

Does Rehoboth want ward style politics? As a local reporter and a Washington correspondent for The Philadelphia Inquirer, and later a writer of nonfiction books, I consider myself to be fairly well informed on political ploys. One time-honored tactic is to surface a bogus charge late in a campaign that seeks to discredit, directly or by association, the candidate you wish to defeat. One oft-told story (perhaps apochryal) has Lyndon Johnson circulating an inflammatory allegation against an opponent. An aide supposedly said, “Senator, you know there is not a grain of truth to that story.” To which Johnson is said to have replied, “Yeah, I know, but I want to make the SOB have to deny it.”

Perhaps I am naive, but I had hoped that Rehoboth Beach elections would never descend to the point where two political operatives would charge a respected community leader with criminal misconduct for offering advice on how to cast an absentee ballot. That Nancy Martin supports Bill Sargent in his campaign for city council is no secret, and not much brainpower is needed to recognize that the smear against this fine lady is a backhanded attempt to hurt Sargent.

That the charges were summarily dismissed by the Rehoboth Board of Elections says all that we need to know about the persons who attacked her. Do we really want big-city-style ward politics to become the norm in our village? One of the persons who brought the action states that he was acting “pro bono.” But in reading your coverage of the affair, another Latin phrase came to mind – cui bono? (Who benefits?)

For a resort community such as Rehoboth Beach, the absentee ballot is essential. Many of us have varying types of commitments and cannot make a firm schedule for a given date two or more months in advance; hence voting absentee is a safeguard against being denied the opportunity to vote. Further, many nonresident owners rely on summer rental revenues to support the cost of maintaining a second home. Even the most civic-minded of persons would think twice about a six-hour round-trip drive on a summer Saturday to cast a ballot.

Joseph C. Goulden, Rehoboth Beach, Washington, D.C.

War against nonresidents may continue This is an important time for Rehoboth Beach, and it is an important time for the practice of democracy. I have been distressed by the complaints that Ron Paterson and Henry Horsey filed with the board of elections. They seemed unreasonably wrought up about the whole idea of “voting early.” Mr. Horsey delivered himself of the opinion that voting before election day was just plain wrong, the experience of the rest of the United States notwithstanding. Democracy is about encouraging people to participate in the electoral process. These charges were, to put it gently, not reasonable.

At the very center of the matter is the fact that a small number of candidates and elected officials and their supporters are waging all-out war against nonresident voters and citizens, and then hide behind bogus technical objections to the absentee process.

The board of elections issued a legal finding completely dismissing the frivolous claims of those seeking to silence Nancy Martin and exclude voters. I fear this war against nonresidents may continue until voters decisively reject the tactic and those behind it.

As homeowners, we pay property taxes, and all of the other fees for various city services. And with those old Bostonians we say “No taxation without representation!”

Larry Rood
Rehoboth Beach

July 16, 2009

l. Important note re voting by absentee ballot:

Eligible registered non-residents (part-time residents, second-home owners) are not required to have a notary public witness their signatures on the affidavit which must be submitted in order to obtain an absentee ballot. Eligible registered residents who are mailing in their affidavits do have to have a notary public witness their signatures on the affidavit. Again, voting early by absentee ballot can be accomplished in one trip to City Hall. Bring identification to City Hall during business hours weekdays 8:30 a.m. to 4:30 p.m. and Saturdays 8:30 a.m. to noon, and state you wish to vote by absentee ballot. Call Donna Moore (notary public) at City Hall with questions: 302-227-6181.

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2. City Commissioners' meeting this Friday, July 17, 7 p.m. Commissioners' Room. Agenda:

a. Discussion of code amendment to increase number of members of Planning Commissioners from seven to nine. b. Discussion of proposed ordinance amendment re right-of-way and construction requirements for short dead-end streets. c. Permit of Compliance request for Nicola Pizza, 71 Rehoboth Avenue. d. Permit of Compliance request for Atlantic Seafood, 101 North Boardwalk. e. Alternate wastewater discharge methods, etc. f. Boardwalk Committee update report; Street Aid Expenditures; adoption of policy for formatting documents

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3. Public hearing on the Rehoboth Beach Comprehensive Development Plan (CDP) this Saturday, July 18, 10 a.m., Fire Hall (by City Hall).

This is the big hearing. The Planning Commissioners are eager to have your comments. All comments from citizens already offered at the series of public meetings and offered by email to the Planning Commissioners over the past year will have been considered and incorporated into the draft of the new Comprehensive Development Plan. Look to www.cityofrehoboth.com; click on city planning; click on draft of 2009 CDP. (a most readable, relevant document)

4. Meet-the-candidate party for Bill Sargent, Saturday, July 18, 5 p.m. to 7 p.m., hosted by CA and Joe Knoll, 57 Oak Avenue. Please respond to caknoll1@aol.com. All welcome.

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5. Meet-the-candidate party for Bill Sargent, Sunday, July 19, 5 p.m. to 7 p.m. hosted by Leslie Smith and Joe Goulden at their Apartment 206, the Henlopen, 527 North Boardwalk. Please respond to JosephG894@aol.com. All welcome.

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6. Homeowners Association forum debate for three candidates, Kuhns, Sargent, McGuiness, Thursday evening, July 23, 7:30 p.m., at CAMP Rehoboth, moderated by Steve Elkins. Please attend. Come with questions to ask of the candidates.

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Nancy Martin

July 13, 2009

Tonight 7:30 p.m. Planning Commissioners room:

1. Public Hearing re partitioning request of owners of 105 Park Avenue. 2. Discussion and possible action related to the Board of Commissioners' discussion of allowing less than 5,000 square foot lots; I.e., the Board trying to come up with a solution regarding the owners of the lots on Park Avenue who found that they bought lots which were not as deep as their survey showed.

3. Comprehensive Development Plan (CDP): Preparation for Public Hearing on July 18, 2009 (Saturday),10 a.m. a the the Fire Hall -- Planning Commissioner Gossett. The public hearing for the 2004 Comprehensive Development Plan drew a packed hall. Citizens were intensely engaged. Please attend this Saturday's important public hearing for the current Plan. Look to www.cityofreoboth.com; click on City Planning ; review executive summary or entire Plan. Citizens' comments are welcomed at the hearing or beforehand. Send written comments by end of day Wednesday to cdp2009@cityofrehoboth.com. The Comprehensive Development Plan is the document that serves as the blueprint for all future City actions, with the goal of providing us with a bright, livable future in Rehoboth Beach. The document is most readable, appealingly presented, and certainly relevant to our lives.

4. Site Plan Review Ordinance.

5. Short Dead-end Street Ordinance.

6. Report of new applications for subdivisions and the status of pending applications or requests.

Agenda taken from www.cityofrehoboth.com

Nancy Martin

July 10, 2009

(1) Lead story in Cape Gazette today

(2) Related letters to the editor

Thu, Jul 9, 2009
Election complaints dismissed
Rehoboth changes voter affidavits
By Ryan Mavity

The circus came to Rehoboth Beach early this year.

To the raucous applause of a packed house in the city commissioners’ room Tuesday, July 7, the board of elections dismissed two complaints related to the 2008 pre-election activities of political action committee Save Our City and the city’s absentee ballot affidavit.

The complaints, filed by attorney Gene Lawson on behalf of former Commissioner Ron Paterson and Judge Henry Horsey, challenged the absentee ballot affidavit used by the city in the 2008 election. It alleged illegal or fraudulent activity by Save Our City and member Nancy Martin relating to emails sent out by the group regarding early voting by absentee ballot in the 2008 election and in the current election, set for Saturday, Aug. 8.

The hearing got off to an eventful start when Horsey and Guy Martin, representing his wife, Nancy, on behalf of Save Our City, had a heated exchange. Horsey claimed Martin called him “a stinking pile of [expletive deleted].”

Martin denied making the remark and later stated he said to Horsey, “Your ship is sinking.”

City Solicitor Glenn Mandalas, representing the city, started off by making a motion to dismiss the complaints. Mandalas cited three reasons: lack of standing, because the actions regarding the city on absentee ballots are now moot, the board’s lack of personal jurisdiction over third parties such as Save Our City and the board’s lack of subject-matter jurisdiction over emails sent out by Save Our City.

After hearing arguments from Lawson and Horsey on the absentee ballot affidavit, the board quickly voted unanimously to dismiss all charges against Nancy Martin and Save Our City before taking up the arguments on absentee balloting.

Board member Ned Kesmodel said, “I think what she did was basically a public service to all of us in the community. She was not trying to do anything sneaky. And I don’t think we have any jurisdiction over telling Nancy Martin what she can do.”

Fellow board members Lee Artis and Chairman Allen Morris agreed, saying there was nothing objectionable about the activities of Martin or Save Our City.

Absentee ballots

The crux of Lawson and Horsey’s argument regarding absentee balloting is that the template provided by the state for the municipality to follow was inconsistent with state law.

Lawson and Horsey also stated that the affidavit used by the city indicated that citizens could vote absentee giving as a reason, “eligible nonresident.” However, the state’s election law, known as Title 15, lists six reasons a voter can vote by absentee ballot, but eligible nonresident is not one of them.

The complaints said 188 voters in the 2008 election claimed “eligible nonresident” on absentee affidavits. Paterson lost his commissioner seat in that election by nine votes.

Mandalas said after the 2008 election, the city has been proactive in trying to get the affidavit changed. The affidavit was changed June 26 to remove “eligible nonresident,” which Mandalas said was what Horsey and Lawson wanted all along. The change did take place after Paterson’s complaint was filed June 19. The city has sent out new absentee affidavits with a letter from the city manager instructing recipients to prepare and return them by Friday, Aug. 7, or the ballot will be voided.

In the 2008 election, Mandalas said the city was required to use the absentee ballot template provided by the state Department of Elections and that the city repeatedly inquired with the state concerning the use of “eligible nonresident” on the affidavit.

Lawson conceded that the city had corrected the affidavit but requested the board find irregularities in the 2008 affidavit. He also requested the board convene a public meeting in advance of the upcoming Saturday, Aug. 8 election to provide the opportunity to challenge, among other things, absentee affidavits.

The city does hold a public meeting the day of the elections to count absentee ballots, but according to state law, has the option to start counting the day before the election.

The board dismissed the claims regarding absentee affidavits because the city has already rectified the situation.

Reaction

For the complainants, the nearly three-hour hearing ended in disappointment.

“The city has now taken an about-face on absentee voter issues, which must come as a complete shock to the Save Our City political-action committee members,” Horsey said. “Their strategy for their candidates to win elections has always been a heavy reliance on getting out and securing as heavy an absentee vote as possible for their candidates, well in advance of the election before their candidates can even be seen on their merits for public election.”

Paterson said, “Needless to say, I am disappointed with the decisions made. I do not feel the board of elections had a full grasp of the gravity of the issues before them.”

Regarding Save Our City, Paterson said, “When a significant group is called on to vote early without having merit, this means they are often doing so without reading materials from the candidates, without seeing the candidates debate, without examining the records of the candidates or any of the other duties necessary to be an informed voter.”

On the absentee affidavit, Paterson said, “The defense of the city was that it corrected the faulty form. They did, but only after I filed a complaint. The facts are clear: the form used last year was flawed, the city knew it and still attempted to use the same improper form in the 2009 municipal election.”

Nancy Martin said, “Putting it plainly, it is both ridiculous and outrageous to charge that my emails to other citizens, informing them of their rights to vote by absentee ballot, are somehow criminal. There is no question that the filings of the complaints are purely political acts.

“I come from a perspective that deeply respects voters and celebrates a democratic process that allows and encourages as many citizens as possible to express their views. Encouraging citizens to vote is a charge to which I plead guilty.”

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Letters to the editor:

Paterson wasting Rehoboth’s tax dollars
This week one of Rehoboth’s most contentious and consequential debates concerning the right to vote momentarily came to a close with a thud for those who appear to resent the nonresident franchise and the ability of all of our citizens to vote absentee. For now victory has gone to our citizens who have championed open debate and citizen involvement. But as the masthead of this newspaper reads: “Vigilance is the price of liberty.” That is to say, it’s not over; they will be back.

In short, in late June defeated Commissioner Ron Paterson filed a complaint with the Rehoboth Elections Board. The complaint was against the city, alleging that it made absentee voting too easy. The second part of the complaint was against a private citizen who encouraged citizens to vote absentee if there was a possibility they would not be able to vote in person. Mr. Paterson alleged that was a criminal offense. On July 6 the Rehoboth Election Board dismissed both complaints.

As one of the most vocal participants in this week’s debate, and the commissioner whose electoral legitimacy was so comically questioned in the process, I believe I have a unique perspective from which to comment on what has transpired.

I’ve been a nonresident Rehoboth Beach homeowner for 17 years. For the past four years I’ve been privileged to be a non-resident city commissioner. I became a city commissioner not because I was offended by the fact that the city is efficiently run, safe and clean, with extraordinarily low property taxes and no debt, but because the developers had adopted the city as their piggy bank. As a result, our quality of life was being threatened.

I know that there are those who disagree with me on this assessment, but the voters apparently agreed in 2005 and 2008, when I was re-elected on a record of preservation and a promise of more to come.

It is no secret that I won my first election in large measure due to the support of Nancy Martin and Save Our City, two very distinct political creatures. Of that fact I am not only honored, but very proud. For the uninitiated, Nancy Martin is one of Rehoboth’s most committed public leaders. Her roots in Rehoboth politics go back to the ‘90s. Armed with only a secondhand computer and her determination to preserve Rehoboth, Nancy Martin has revolutionized Rehoboth politics. Save Our City is a group of citizens who responded to Nancy’s call for civic engagement and formed an independent political action committee. In recent years it has been the most, and in many cases, only, transparent political actor in Rehoboth.

Because of Nancy’s work, countless Rehoboth citizens are better informed about our civic affairs. Nonresidents like myself have not only become better informed but have become engaged. We have all become better citizens and our community has been the better for it. Nancy does not always agree with her detractors and followers, but that is not the point; she relishes opposing views and spirited debate. That’s the point.

This week, the Rehoboth Beach Village Improvement Association, as part of its centennial celebration, gave its first Citizenship Award to Nancy Martin, for her service to our community.

As I stated in my prepared remarks at the July 6 city commission workshop (saveourcityrehoboth.org), Mr. Paterson’s complaint was not only baseless, but could serve to discourage absentee voting. In the process, Mr. Paterson’s complaint attempted to silence a private citizen whose only objective was to inform our citizens that they had a right to vote absentee.

Mr. Paterson’s attempt to frustrate the voters was transparent. He has wasted our public tax dollars in an attempt to re-litigate a certified election that he lost in 2008. He has forced the City of Rehoboth to spend our tax dollars embroiled in a baseless assault on a private citizen who has performed a public good. Mr. Paterson should be deeply, deeply ashamed.

Dennis J. Barbour commissioner City of Rehoboth Beach

Divisiveness in Rehoboth a real travesty
It should be obvious to anyone who followed the pre-election complaint against the City of Rehoboth Beach about absentee ballots that the war being conducted by a small group of city residents against nonresidents is continuing and intensifying. The complaints filed by defeated Rehoboth Commissioner Ron Paterson and lawyer Henry Horsey raised issues that they failed to formally protest after the last election, and which could have been filed any time this past year. Instead, they were filed to have the maximum potential to intimidate Rehoboth voters and discourage political participation in the upcoming election of 2009. Adding a complaint against Nancy Martin for simply informing voters of their rights and choices, and accusing her of crimes, was small and mean-spirited, and is hopefully the low point of Rehoboth Beach politics – it’s hard to envision anything lower.

This divisive movement against nonresidents began when Commissioner Paul Kuhns proposed banning nonresidents who live more than 50 miles from Rehoboth from any service on city committees. From there the attack on absentee voters, mostly non-residents, proceeded in the following election and once again in this outrageous complaint by an angry defeated commissioner on behalf of others, some still in government, who would just as soon exclude nonresident participation. Fortunately, the board of elections distinguished itself by immediately dismissing the ridiculous charges against Nancy Martin, who virtually symbolizes inclusive participation in government and politics in Rehoboth. Then, after hearing very long arguments on all sides of the complaints, the board denied all allegations and relief for Ron Paterson and Henry Horsey. Good for the three gentlemen who serve on the Board, and good for the City of Rehoboth Beach. I, for one, have had more than enough of the kind of divisiveness that these complaints and other actions of some of our leaders represent.

James E. Ellison
Rehoboth Beach

July 10, 2009

Three events for all of us this weekend:

(1) Saturday, 5 to 7 p.m., party with candidate Bill Sargent at 308 Stockley Street(All of us are invited.)Here’s your opportunity to meet and talk with the candidate.

followed by

(2) Saturday, 8 p.m., Delmarva Piano Festival concert at CAMP Rehoboth, 37 Baltimore and

(3) Sunday, 4 p.m., Delmarva Piano Festival concert at CAMP Rehoboth, 37 Baltimore Reservations recommended: nancymartin2@verizon.net; 302-227-0386 See Cape Gazette story below.

Cape Gazette story:

CAPE REGION LIFE

Wed, Jul 8, 2009

Delmarva Piano Festival set for July 11-12

Pianists Mark Salman, Alexandra Eames, Eileen Hutchins and Nathan Buckner will join forces in Rehoboth Beach at 8 p.m., Saturday, July 11, and 4 p.m., Sunday, July 12, to present the 17th annual Delmarva Piano Festival.

This unique event is devoted exclusively to piano music. The four pianists will share each program, and in addition to their performances will introduce the music and share their personal thoughts and insights on it with the audience.

Two recitals will take place at the newly opened CAMP Rehoboth auditorium in Rehoboth Beach. The Saturday program will feature Beethoven’s “Sonata in E Major, Op. 109,” Mozart’s “Rondo in A Minor,” Schubert’s “Sonata in A Minor, D. 845,” and works by Steven Sacco. The program on Sunday will include Beethoven’s “Sonata in F-sharp Major, Op. 78,” works by Chopin including “Impromptu in A-flat Major, Op. 29,” selected “Preludes, Op. 28,” “Nocturne in E-flat Major, Op. 55#2,” “Polonaise in F-sharp Minor, Op. 44” and other works, the “Rondo Capriccioso Op. 14” by Mendelssohn, and works by Miriam Gideon and Tracy Fennell. A world premiere of a work by Heiner Frost will also be featured.

The four pianists met as students at The Juilliard School during the 1980s, and since have each enjoyed active careers as soloists, teachers, recording artists and chamber musicians throughout the world. Originally attracted to southern Delaware because of its proximity to their homes at the time, they now live in such diverse locations as New York, Boston, Nebraska and Seattle. They return each summer to share their eclectic pianistic interests, reuniting with each other and the warm, friendly audience which the festival has drawn over the years.

The concerts will take place at CAMP Rehoboth Community Center, located at 37 Baltimore Ave. in Rehoboth Beach. Admission is $20 for each concert. Seating is limited and reservations are recommended.

Contact Nancy Martin at nancymartin2@verizon.net or call 302-227-0386 to reserve space for one or both concerts. A list of reservations will be held at the door.

July 9,2009

The Board of Elections held a public hearing July 7, 2009, re the complaints of Ron Paterson and Henry Horsey against the City of Rehoboth Beach and against Nancy Martin re voting by absentee ballot for the City election. The Board of Elections dismissed the two complaints against the City and against Nancy Martin.

The Decision:

THE CITY OF REHOBOTH BEACH BOARD OF ELECTIONS

In re complaints of Ronald G. Patterson and The Honorable Henry R. Horsey

Cated June 19, 2009 and June 29, 2009

C.A. Nos. 2009-1 and 2009-2

Appearances: Eugene M. Lawson, Jr., Esquire, Lawson Law Firm, on behalf of Complainant Ronald G. Patterson

The Honorable Henry R. Horsey, pro se Complainant

Glenn C. Mandalas, Esquire, Baird Mandalas LLC, on behalf of The City of Rehoboth Beach

Guy R. Martin, Esquire, on behalf of his wife, Nancy Martin

DECISION OF THE BOARD

1. This action involves petitioners Ronald G. Patterson (“Patterson”) and Henry R. Horsey (“Horsey”) (collectively “Complainants”) challenge under Delaware’s municipal election law concerning, among other things: (1) the form of absentee ballot affidavit used by The City of Rehoboth Beach (“City”) for the City’s municipal election scheduled for August 8, 2009; and (2) e-mails sent by citizen Nancy Martin relating to attaining absentee ballots from the City.

2. On July 7, 2009, pursuant to Title 15, Section 7552(a) of the Delaware Code, a meeting of the Board was convened to consider the Patterson and Horsey complaints.1 Notice of the meeting was provided in compliance with Delaware’s open meeting law, Del Code Ann. tit. 29, § 10004, as more fully described in the affidavit of Ann M. Womak, hearing Exhibit 2. All members of the Board were present and presided.

A. Resolution Of The Pre-Hearing Motions

3. The meeting was called to order at approximately 4:30 PM. At that time, the City brought a pre-hearing motion to dismiss all claims. The City’s motion sought to, among other things, dismiss the action for lack of standing, lack of personal jurisdiction, and lack of subject matter jurisdiction. The motion was joined by Guy Martin, representing his wife, Nancy Martin, who also claimed that the Board did not have jurisdiction to hear the complaints relating to conduct of Ms. Martin. Justice Horsey objected to the presentation of the motion on grounds of, inter alia, lack of notice that the motion would be presented.2 Both Justice Horsey and Mr. Lawson were provided an opportunity to verbally respond to the motion dismiss.

4. After argument on the pre-hearing motion, the Board determined that it would: (1) consider the motion to dismiss as it related to Ms. Martin’s claims; and (2) defer consideration of the issues raised by the City’s motion to dismiss until after all parties presented their the case on the merits.

5. The Board unanimously granted Ms. Martin’s motion to dismiss on jurisdictional grounds. The Board held that under the municipal election laws in Title 15 of the Delaware Code, the Board lacks jurisdiction to hear complaints that a private citizen has sent out allegedly incorrect information concerning how absentee ballots may be procured from the City. The correctness of e-mail communications sent by a private citizen about how a potential voter might obtain an absentee ballot for the City’s election is simply not within the jurisdiction of the Board under the applicable election law statutes.3

B. Resolution Of The Merits Of The Complaint Relating To The Correctness Of The Form Of Absentee Ballot Affidavit Used By The City For The Election

6. After the pre-hearing motion was decided, each of the remaining parties were provided an opportunity to present their arguments concerning the absentee ballot affidavit used by the City for the August 8, 2009 election. The Complainants argued that the City previously issued an invalid form of absentee ballot affidavit because the affidavit allowed a party to obtain an absentee ballot by checking a box stating “I am an eligible non-resident.” See Patterson Compl. Ex. 1; Horsey Compl., Hearing Ex. 5, at p.1. The Complainants argued that including this language within the absentee ballot affidavit is a violation of Del. Code Ann. tit. 15 § 7571. The City, by contrast, argued that it was required by law to use the absentee ballot template promulgated by the State Department of Elections pursuant to Del. Code Ann. tit. 15 § 7572, and that it repeatedly inquired with the Department of Elections concerning the propriety of the use of the eligible non-resident language on the Department of Election’s absentee affidavit template.

7. At the hearing, documents were entered by the City as exhibits which demonstrate that on or about June 25, 2009, the State Department of Elections revised the absentee ballot affidavit template to remove the “I am an eligible non-resident” language. See Hearing Ex. 3, tabs 11 and 12. The next day, the City changed its absentee ballot affidavit form to comply with the new template, and sent notice to certain qualified electors that the absentee ballot affidavit had been changed. See Hearing Ex. 3, tab 14.4

8. Mr. Patterson’s counsel conceded that the revised absentee ballot affidavit template promulgated by the Department of Elections and now being used by the City complies with the statutory requirements in Del. Code Ann tit. 15, § 7571. Concerning the propriety of the affidavit, Mr. Patterson’s counsel sought a finding from the Board that there were irregularities with the use of the prior form of affidavit. Mr. Patterson’s counsel also requested that the Board convene a public meeting pursuant to Del. Code Ann tit. 15, § 7579 in advance of the August 8, 2009 election to provide the parties an opportunity to challenge, among other things, absentee ballot affidavits. Justice Horsey detailed his efforts to attempt to have the affidavit form changed before June 26, 2009, and in light of the change in the absentee ballot affidavit form used by the City, requested as a remedy that the Board require the City provide newspaper or other notice to the public (beyond a letter) that the absentee ballot affidavit form has been changed. The City renewed its motion to dismiss and its arguments that the City acted properly by using the template absentee ballot affidavit promulgated by the Department of Elections.

9. Pursuant to Del. Code Ann tit. 15, § 7552(a), the Board is required, within 24 hours of the hearing, to “issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity.” Applying this legal standard, the Board held that the challenge to the form of the absentee ballot affidavit form used by the City is moot because the legal issue presented is no longer amenable to resolution by the Board. See General Motors Corp. v. New Castle County, 701 A.2d 819, 823 (Del. 1997) (holding that a proceeding becomes moot “if the legal issue in dispute is no longer amenable to a judicial resolution”).

10. On or about June 26, 2009, upon receipt of the changed template by the Department of Elections, the City adopted the revised absentee ballot affidavit form which removes the “I am an eligible non-resident” language from the affidavit. Hearing Ex. 3, tab 14. There is no dispute that this form complies with statutory requirements and is now being distributed by the City for the August 8, 2009 election. As the City has promulgated a new absentee ballot affidavit which the parties agree complies with the statutory requirements, the Board holds that there is no action necessary to correct any legal error in the form of the absentee ballot affidavits because the legal dispute presented has been rectified by the City’s adoption of the revised affidavit template.

C. Conclusion

11. For the reasons stated above, the Board dismisses the allegations of Complainants’ complaints relating to Nancy Martin for lack of jurisdiction, and dismisses the remaining claims relating to the absentee ballot affidavit form as moot because the City has already promulgated a revised absentee ballot affidavit form that complies with the applicable election law statutes.5

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1 By agreement of the parties, the two complaints were joined for presentation at a single hearing before the Board.

2 Because the Board must issue a decision within 24 hours of the hearing (see Del. C. Ann. tit. 15, § 7552(a)), the Board does not attempt to outline all of the objections and arguments presented by the parties at the nearly three hour hearing.

3 After the Board granted Ms. Martin’s pre-hearing motion, Mr. Martin did not participate in the remainder of the hearing.

4 Tab 14 of Exhibit 3 is a letter from the City Manager about the new absentee ballot affidavit. The letter states “[i]f the enclosed form is not properly prepared and returned to us on or before noon, Friday, August 7, 2009, your ballot will be voided.”

5 As the jurisdictional and mootness decisions by the Board are dispositive of both Complaints, the other issues raised at the hearing were not decided.

s/________________________________________

Chairman Allen Morris
Lee Ardis
Ned Kesmodel

Date of Hearing: July 7, 2009

Date of Written Decision: July 8, 2009

cc: Eugene M. Lawson, Esq. (by electronic and first class mail)
The Honorable Henry R. Horsey (by electronic and first class mail)
Glenn C. Mandalas, Esq. (by electronic and first class mail)
Guy R. Martin, Esq. (by electronic and first classs mail)
Ms. Donna Moore, City of Rehoboth Beach (by electronic and first class mail)
Max B. Walton, Esq. (by electronic mail only)

July 7, 2009

What happened at Monday morning's city commissioners' workshop meeting. Report of Tim Spies. The full recording of the workshop meeting is available at www.cityofrehoboth.com.

City Budget---The decline in fund balances for all city funds exceeds $1.6 million. Most of the decline in fund balances results from budgeted revenue exceeding actual revenue.

Wastewater—The status has not changed since the last meeting. The city has received no new information.

Short Dead-End Streets—Dr. Littleton, Chair of the Planning Commission, presented a summary report to the City Commissioners. He explained the research and the analysis conducted by the Planning Commission in proposing the ordinance for short dead-end streets. Commissioner Stan Mills stated that he would not vote in favor of the proposal unless it is a part of a review of the entire section of the code dealing with streets. Commissioner Barbour stated that the issue has been the subject of numerous meetings of the Planning Commission and the City Commissioners since May 2008 and that it is time to move forward. It was agreed to put the issue on the agenda of July’s regular meeting for further discussion and a possible vote.

Absentee Ballots in the annual municipal election including the recently filed Complaints against the City and Nancy Martin—Commissioner Barbour read a statement condemning the bases for the complaints.* He was interrupted twice early in his reading, once by Commissioner Mills and once by Commissioner Kuhns, both of whom tried to stop Commissioner Barbour from finishing his statement. The City Solicitor and the Mayor found no merit in their objections, and Commissioner Barbour was allowed to continue. Commissioner Barbour focused on the highly personal attack in the complaint against Nancy Martin and the information she disseminates in her newsletter promoting the right to vote and the use of absentee ballots if a voter is uncertain whether he or she can be present to vote in person August 8. Commissioner McGuiness posed the question to all the commissioners: "Who knew about this complaint before it was filed against the City and Nancy Martin?" Commissioner Kuhns quickly claimed he didn't. Commissioner Mills said this was irrelevant. When pressed, Commissioner Mills added he would swear on a bible he had no prior knowledge of the complaint.

Commissioner Announcements—Commissioner Barbour announced that Nancy Martin would receive the Village Improvement Association’s first Annual Citizenship Award at a special ceremony beginning at 4:00 PM on July 6. The Village Improvement Association is celebrating its 100th anniversary this year and has a long and proud history of actively participating in the affairs of the city and making improvements for the benefit of the city and its residents.

Future agenda items—Commissioner Barbour asked that the topic of increasing the number of Planning Commissioners from 7 to 9 be placed on the agenda of the July regular meeting. Despite public outcry and a sharply divided 4-3 vote by the City Commissioners in 2007, the number of Planning Commissioners was reduced from 9 to 7 at the very time its workload was increasing.

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*The full statement of Commissioner Dennis Barbour:

Statement of Rehoboth Beach City Commissioner Dennis Barbour

Regarding a recent Board of Elections complaint filed on behalf of former City Commissioner Ron Paterson

At the July 6 2009 Workshop Meeting of the Rehoboth Beach City Commission

This statement concerns the right of Rehoboth citizens to vote without suppression or intimidation and to exercise their right of expression by informing Rehoboth citizens about civic and campaign issues. Both are currently under assault.

I propose that the City Commissioners adopt election rules and procedures that will clarify our voting requirements and policies. I will propose specific changes at the end of this statement.

For over a century Rehoboth Beach non residents have had the right to vote in our municipal elections. Today non residents constitute 65% of our registered voters. Last year79% of our absentee voters were non residents. But in recent years the right of these citizens to vote, and to vote absentee, has been under assault. This assault has culminated in the recent filing, by former City Commissioner Ron Paterson, of a complaint against the City and a private citizen, Nancy Martin, alleging criminal collusion on the part of the City and Ms. Martin. Their alleged offense is informing our citizens, particularly our non resident citizens, about their right to vote.

Ms. Martin has been a devoted and respected civic leader for over a decade. She has informed, and motivated, our citizens to become engaged in the affairs of our city. Due in large part to her leadership, the number of registered Rehoboth voters has increased dramatically in recent years. As a result of her efforts, the numbers of absentee voters, most of whom are non residents, has also risen significantly.

The pending complaint is frivolous and represents a new low point in our public discourse. Its impact could very well be to suppress absentee voting in this year’s election. In fact, it appears to be a brazen attempt to disenfranchise and intimidate Rehoboth’s non resident voters. It asks the Board of Elections to silence a private citizen, a chilling if not preposterous suggestion. The allegations are not only baseless; they are breathtakingly personal.

The assault on non resident involvement in City affairs began two years ago with a proposal by a single Commissioner to restrict participation in city committees to individuals whose principal residence was within a 50 mile radius of the city. While that proposal did not, fortunately, gain traction, the right to absentee voting was undermined in 2007 when Mr. Paterson authored, championed and secured passage of an amendment to our City Charter that eliminated as a reason for absentee voting the fact that a voter could not be in town on election day.

The issue arose again in the 2008 campaign. At the Rehoboth Beach Homeowners’ Association debate that year, then Commissioner Paterson, running for re-election, said that he believed that all Commissioners should be full time residents of Rehoboth Beach. When asked by an audience member whether each candidate would pledge to protect the rights of non residents Mr. Paterson said “no”, as did Commissioner Kuhns. .

Mr. Paterson’s recent complaint must be viewed in this historical context – not as a complaint having any merit, but rather a latest effort to dilute the involvement of non-residents in our City government.

Thus, the complaint unfairly demonizes not only Ms. Martin, but also the principal of citizen engagement that is at the very core of our democracy. Individuals and groups that act to inform and engage our citizens should be vigorously applauded and encouraged, not denounced.

Finally, it is important to note that although Mr. Paterson was defeated in last year’s election, he chose not to contest the results of that election at that time on the basis of improper absentee ballots. Nearly one year later, he is attempting to undermine this year’s election by calling into question the very legitimacy of the results of last year’s election and by impugning the integrity of one of our most devoted civic leaders.

The purpose of our election laws is to encourage citizens to vote, not to discourage them from doing so. The pending complaint is an attempt to frustrate voters and silence our citizens. As an elected official I believe I have the responsibility to condemn it in the strongest possible terms. I do so today and call on my colleagues to do the same.

I also call upon the City Commission to adopt new policies and procedures to clarify absentee voting. To that end I will propose legislation shortly that will address needs in this area.

In the Cape Gazette:

Rehoboth candidate explains fiscal situation

As many of you know I am running for Rehoboth Beach commissioner, and as a financial guy - my career has been devoted to financial management - I thought it might be helpful if I shared some facts and my perspective on the financial outlook for Rehoboth Beach. I want you to know where I stand, but please let me say that I will always welcome your comments. I can be reached at 245-5533 or at wsargent@tenpenn.com.

Generally the city budget is constructed so that the revenue from ongoing sources such as property taxes, water and sewer fees, parking fees, etc., which now total about $15 million, slightly exceeds the cost of all the services provided to the community. The surpluses from accumulated years plus a small amount of debt have been used to help fund projects such as the downtown revitalization, the new water tower, the First Street bridge over Lake Gerar and most recently the first phase of the Boardwalk reconstruction. Please note that the city has paid less than $10 million toward these projects, whose total costs will exceed $40 million. The difference between the $40 million and the $10 million has been covered by the state and the federal government. For example, outside funds provided over $25 million of the $30-plus million cost of downtown revitalization, almost a million for the First Street bridge over Lake Gerar, and the federal government has agreed to pay $7.5 million to complete the Boardwalk reconstruction. Without these outside funds the city’s debt would have expanded by over $30 million. For the average taxpayer in Rehoboth this would be nearly $10,000 in debt that would need to have been paid for in addition to the normal costs for city services. For us to carry an additional $30 million in debt we would need to more than triple our taxes.

Incidentally, today our city has outstanding debt of about $11 million, but that debt is offset by about $5 million of deposits. Our next big project is disposal of our wastewater, and the estimated cost is about $35 million. We cannot avoid this project - we are under a court order to complete this project by the end of 2014. Currently we have no commitments for outside funding from the county, from the state or from the federal government, so we must plan today to fund the full cost alone. This will have a big effect on our sewer rates, which is like a tax. The one happy note is that since our sewer also serves communities outside of Rehoboth our taxpayers will have significant help in paying for the debt that this project will entail, but how much of the total is unclear.

Now, given the financial uncertainties about the wastewater project and the economy, which has a significant effect on our revenues, is this the time to consider a project like upgrading our municipal facilities? Costs in the range of $30 to $40 million have been mentioned. Taking only the lower of these numbers would add $10,000 on average for each taxpayer. My sense is that virtually no taxpayer in Rehoboth would agree today to pay $10,000 of personal funds for an upgraded civic complex, so why should the city? It seems clearly premature to spend money for planners and architects at this point as some have proposed. There are many projects that will be done in future years, but they should not be started until it is clear that they can be completed with relatively little impact on our taxpayers.

I love our city, and I want us to have wonderful facilities, but I am also deeply committed to making sure that Rehoboth stays strong financially and is managed responsibly. With my knowledge and skills I think I can serve you well. Please vote for me on Saturday, Aug. 8.

Bill Sargent
candidate for commissioner
City of Rehoboth Beach

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Nancy Martin, www.saveourcityrehoboth.org

July 2, 2009

What's coming up at the 8 a.m. Monday, July 6, City Commissioners' Workshop: Agenda taken from the City's new website: www.cityofrehoboth.com:

l. Discussion of the City's budget and financial matters to include a presentation and discussion with Burt Dukes, the City Accounting Consultant.

2. Public discussion concerning alternate wastewater discharge methods, funding, permitting, other areas of interest; planning future discussions and related matters.

3. Discussion, including input from a representative of the Planning Commission, of a proposed ordinance amending Chapter 236 of the City Code relating to the right-of-way and construction requirements for short dead-end streets.

4. Discussion of proposed formatting templates for policies, ordinances and amendments -- Commissioner Mills.

5. Discussion of absentee balloting in the annual municipal election including recently-filed complaints, forms, procedures, applicable law, and other related matters -- Commissioner Barbour.

6. City Manager's report.

7. Bandstand, Convention Hall, Special Events Committee, report on the Committee meeting of June 24, 2009.

8. Boardwalk Committee, update on Committee activity and Phases 1 and 2 of the Boardwalk Reconstruction Project.

9. Personnel Committee, report on the Employee Committee meeting of June 24, 2009.

10. City Solicitor's report.

11. Commissioner announcements/comments

12. Discussion of items to include on future agendas.

[These agenda items may be considered out of sequence at the workshop meeting Monday morning.]

Please attend if you can.

You can always write to our mayor and commissioners at scooper@cityofrehoboth.com; pkuhns@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; lzellers@cityofrehoboth.com; dbarbour@cityofrehoboth.com; kmcguiness@cityofrehoboth.com, smills@cityofrehoboth.com

Nancy Martin

June 20, 2009

What happened at last night's June 19 city commission meeting: Report of Joanne Hess

Note that the full audio recording of last night's meeting is posted on www.saveourcityrehoboth.org.

All commissioners were present for the 7 p.m. meeting. Three candidates were certified to run to Commissioner in the annual election to be held August 8:

running for re-election as non-resident: Kathleen McGuiness
running for re-election as resident: Paul Kuhns
running for election as resident, former Board of Adjustment Commissioner Willis (Bill) Sargent

Voters have the right to vote for up to two of the candidates to fill the two seats on the City Commission.

Special Exception or Variance: Ordinance was approved to extend the time from three to six months before a Special Exception or Variance becomes invalid. The Board of Adjustment was granted power to extend period another three months.

Site Plan Review Process: Considerable attention given to Ordinance to add a Site Plan Review Process to current building plans reviewed by Planning Commission. Such a plan would cover projects of four or more dwellings, development of large parcels of residential or commercial property. It would differ from present Planning Commission reviews of subdivisions because no land would be divided. Former Planning Commissioner Mable Granke enthusiastically supported the proposal, stating it was long overdue. Mrs. Granke suggested a couple of amendments which would strengthen the Ordinance. Building and Licensing Inspector Terri Sullivan also gave strong support for adoption of the Process. Commissioner Mills raised several concerns about public meetings for any Site Plan Process and stated proposal should be returned for Workshop review prior to passage. He was also concerned about the authority which would be granted to Planning Commission under the proposal. Commissioner Kuhns pointed out several requirements for Site Plan were already covered in Architectural Review Manual and wondered if manual should be prepared for Site Plan Review. Measure was approved by 6 - 1 vote, with Commissioner Mills voting against passage.

Waste Water Discharge Methods: Mayor Cooper reported there was nothing new to add to discussion of alternate wastewater discharge methods. Commissioner Mills introduced report of the Irrigation Preservation Task Force, which can now be found on the City's new web site.

City Real Estate Tax Rate: The City Commissioners unanimously approved the City Real Estate Tax Rate for the tax year beginning July 1, 2009, and ending June 30, 2009, at $1.50 per $100 of assessed value of property. The rate remains the same as last year.

Boardwalk Renovation: Bids will open for Phase 2 of the Boardwalk renovation on July 9; the City Manager hopes to award bid by late July or early August.

Discontinuous sidewalks: Commissioner Kuhns reported on results of survey sent to property owners having discontinuous sidewalks. Most of the owners felt the lack of sidewalks was a safety concern, and all felt the City should pay to install sidewalks. Cost of installation of sidewalks would total between $65,000 and $90,000. At the Mayor's request, the Street and Light Committee chaired by Commissioner Kuhns also looked into development of a formal policy regarding placement of pavement, gravel, on City right-of-way. The Committee recommended obtaining professional help with the question and suggested property owners should be informed of City right-of-way lines.

Church Street traffic light: Route 1A into Rehoboth Beach will be closed for paving of Church Street on either June 24 or June 25.

Nancy Martin www.saveourcityrehoboth.org

Please note that all newsletters are posted on the www.saveourcityrehoboth.org website shortly after they are sent out. All newsletters are archived going back to 2005 and are available by clicking on "Newsletter" on the left side of the website home page.

Also please note the new, most appealing, easy-to-use, full-of-information website of our City: www.cityofrehoboth.com

June 11, 2009

At last Friday's City Commission workshop:

1. New City website: The designer of the new City website presented a demonstration, noting how user-friendly this most appealing site is for all citizens and for the commissioners to utilize. The website will be up and running by the end of June.

2. Wastewater disposal: Referring to a possible joint venture with Sussex County, Mayor Cooper reported that the County, within the next few weeks, should be providing more information on which the City can base its decision as to which system, land based spray application or ocean outfall, it should employ.

3. Short dead-end streets: The Commissioners asked that a representative from the Planning Commission attend the July 6 workshop to answer questions on the proposed ordinance to allow for narrower dead-end streets than currently allowed under the Code, provided the street is no longer than 250 feet. The change to the Code is predicated on the preservation of natural features. Commissioner Barbour argued in favor of the proposal because it would be in keeping with the small-scale character of Rehoboth Beach, and it would help to preserve trees. A citizen made a strong statement emphasizing that without a change to the Code, many developers of large parcels of land will continue to condominium-ize the parcels rather than subdivide them into individual lots. By condominium-izing, developers are able to circumvent the City's subdivision ordinances and therefore create their own internal streets which could be far narrower than allowed under the proposed new ordinance. Consider what happened when the developers developed the string of townhouses hugging the canal on State and Grove Streets and when they developed Cottages-by-the-Sea (formerly Joseph’s Cottages) with the collection of townhouses and their own internal narrow streets, far narrower than allowed under the new proposed ordinance.

4. Minimum lot-size requirements when a merged lot is re-subdivided: Mayor Cooper presented a proposal to amend the Code, stating concern as to how many parcels this proposed amendment would affect. The Commissioners agreed to consult with the Planning Commission.

Nancy Martin

June 3, 2009

Friday morning, June 5, at 9 a.m., at the City Commissioners' Workshop, the City is presenting its new website, created by designer Delaware.net. Commissioner Pat Coluzzi will conduct the demonstration and answer questions and receive comments. Attend, if you can.

Other items on Friday morning's agenda:

l. Public discussion concerning alternate wastewater discharge methods, funding, permitting, other related areas of interest.

2. Discussion of the proposed ordinance amending Chapter 92 of the City Code by designating one parking space in front of 102 Rehoboth Avenue as a 30-minute meter.

3. Discussion of the proposed ordinance amending Chapter 236 of the City Code relating to the right-of-way and construction requirements for short dead-end streets.

4. Discussion of the proposed ordinance amending Chapter 270 of the City Code relating to the minimum lot size requirement when a merged lot is re-subdivided.

5. Boardwalk Committee update, by Commissioner Mills. Update on ongoing Phase 1 and Phase 2 of the Boardwalk Reconstruction Project and timeline for same.

6. Street and Light Committee update, by Commissioner Kuhns. Report on the Committee meeting of June 4, 2009, and discussion of the results of the survey/questionnaire sent to the property owners identified as having discontinuous sidewalks.

Agenda taken from the City website: www.cityofrehoboth.com.

Also note that at 7 p.m. this Friday, June 5, the Planning Commissioners are holding the last public information session gaining comments from citizens about the proposed 2009 Comprehensive Development Plan.

Nancy Martin

June 3, 2009

The draft of the 2009 Comprehensive Development Plan is a most readable, relevant document, full of information of importance to all of us. Our Comprehensive Development Plan, updated every five years, provides the blueprint to guide all City action with the goal toward continuing to provide the bright, livable future we have come to treasure in Rehoboth Beach. You can easily access the full document at www.cityofrehoboth.com. Click on CDP in the left column.

For your convenience, the Planning Commissioners have crafted an executive summary of the Plan, which is laid out below. Please take a moment to read it. Likely you will have comments and questions, which you can forward to cdp2009@cityofrehoboth.com.

The first public hearing is scheduled for July 18. However, this Friday night, June 5, 7 p.m. in the Commissioners Room, the Planning Commissioners are holding a public session for the purpose of reviewing the Plan, gaining your comments, and answering your questions. The Planning Commissioners have done a huge amount of work for us, putting into the draft Plan what citizens have stated they want for our City. Now they want our critical feedback about the Plan at this stage just prior to the public hearing stage.

Nancy Martin

June 2, 2009

Important information for us from today's Cape Gazette. Show up and speak up, if you can, this Friday evening, 7 p.m., June 5. Your voice counts. Our planners want to hear from us now.

Nancy Martin

For the last three months, the Rehoboth Beach Planning Commission has gone all Willy Loman in regard to the update of the city’s comprehensive development plan, selling the document and its visions to any audience willing to listen.

Now, however, the clock is ticking for citizens to provide input to the planners before the document moves on to the city commissioners.

The planning commission will hold one more public information session at 7 p.m., Friday, June 5, in the city commissioners’ room, before having a formal public hearing Saturday, July 18.

“The reason that the public should care about the plan is that it is the single document that not only describes the vision for the future of Rehoboth Beach but also provides recommendations and suggestions on how the city can realize this vision – a vision founded on extensive public input,” said planning commission Chairman Preston Littleton. “Additionally, the state requires each municipality to have a comprehensive development plan and such plans must, at the minimum, incorporate and address specific state-determined goals and topics.”

The commission, which is tasked with updating the plan every five years, has been seeking public input since the beginning: holding five daylong workshop meetings, information sessions with Rehoboth organizations and an initial public information session May 23. The working draft of the plan has been available since February.

Littleton said the information session June 5 will follow a similar vein as previous sessions. “While the format of specific presentation may differ, i.e., a meeting with the board members of a particular organization may have added focus on those topics most related to the interests of that particular organization, the objective is the same – gain an understanding of the working draft in its entirety and understand how its various parts interrelate,” he said.

Plan aspects

The general theme of the updated plan is to create a more bicycle-and pedestrian-friendly city, while reducing automobile traffic. In addition to that, the plan calls for trying to get more people into the Wilmington Avenue and Baltimore Avenue commercial areas.

One idea that has generated some controversy in the business community is temporary street closures to automobile traffic on both of those streets.

“The current working draft does discuss and recommend the temporary closure of some streets within the business district be considered, as an experiment, for the sole purpose of trying to increase the business activity and public awareness of the business on these streets – in particular sections of Wilmington and Baltimore avenues,” said Littleton.

He said some members of the business community suggested the idea.

Littleton said the city already does some temporary street closings for special events and activities, such as the block party on Baltimore Avenue.

“For certain, the planning commission has heard the questions and concerns generated around the possibility of temporary street closures and will carefully consider if or how this might be addressed in the final draft,” Littleton said. “At the same time, the planning commission would welcome additional specific recommendations and suggestions of how the identified parts of Wilmington and Baltimore avenues’ commercial districts could be revitalized and businesses better promoted.”

An idea that has piqued the interest of the community is that of a water taxi that would connect Lewes and Rehoboth via the Lewes-Rehoboth Canal.

Dogfish Head owner Sam Calagione has gone on record endorsing the idea, and Littleton said people from Milton have suggested linking their town as well.

Littleton said the water taxi idea came from suggestions by citizens about Rehoboth’s summer traffic gridlock. “From these discussions came the idea of what is now being termed a water taxi between Rehoboth and Lewes. Unless you are a boater, most Rehoboth residents and visitors have never experienced the pristine beauty and vistas from our canal,” he said.

Keeping with the theme of improving the canal, the plan also expands upon plans for a canalfront park, which was first described in the 2004 plan. Littleton said while much of the land along the south side of the canal has been developed, the land along the canal bank remains open space under the Army Corps of Engineers’ designation.

“The 2009 working draft envisions this land, including any land adjacent to Canal Street that the city owns, be developed and maintained as a park for the pleasure of the city’s residents and visitors,” he said. “The full development of the canal park, both north and south of Rehoboth Avenue – with the inclusion of a city dock – might be an ideal example where a private-public partnership could help ensure its future reality.”

Littleton said the working draft does not call for the annexation of any land to develop the proposed park.

Process continues

Once the planning commission is finished with the draft, the plan then moves to the city commissioners; upon commissioner approval, it moves to the state for final approval. The plan calls for a nongovernmental, independent body to help implement the plan’s recommendations.

“The 2009 working draft is, to the current planning commission’s knowledge, the first time such a recommendation has been made,” Littleton said. “It is very important to note that in making this recommendation, the planning commission was very much impressed by the accomplishments of just this sort of body that was founded in Lewes and without which it is doubtful that the magnificent new canal park in Lewes could have been accomplished.”

As for the public hearing Saturday, July 18, which will be on the second floor of the Rehoboth fire station, Littleton said the planners would most likely seek the assistance of a facilitator with no involvement in the drafting of the plan to help run the hearing.

“While clarification of questions may be provided, the hearing is not a time for discussion with or among the members of the planning commission. Rather it is a formal opportunity for Rehoboth citizens to express their thoughts and recommendations concerning the plan as drafted, including things they have not, but the presenter believes should be addressed in the plan,” he said.

May 24, 2009

Facts re voting in the Rehoboth Beach municipal election 2009. Information provided by Donna Moore of the City of Rehoboth Beach.

1. The Rehoboth Beach municipal election is Saturday August 8, 2009. Vote at City Hall between 10 a.m. and 6 p.m. Municipal elections are held every year in August. The Rehoboth Beach Charter provides that two of the six city commission seats are up for election each year and the mayoral election is held every third year along with the two city commission seats due for election that year. Only three of the six city commission seats may be held by non-resident (part-time resident) commissioners. Note: Our current city commission is as follows: Resident commissioners: Paul Kuhns, Stan Mills, Pat Coluzzi. The Mayor (the seventh commissioner) must be a resident. Non-resident commissioners: Lorraine Zellers, Dennis Barbour, Kathy McGuiness. The seats held by resident commissioner Paul Kuhns and non-resident commissioner Kathy McGuiness are up for election (re-election) this year. Thus the two winners in this year's election must include one resident to maintain the required balance of at least four resident commissioners. (See Point 5 below.)

2. Who is eligible to vote in the Rehoboth Beach municipal election? Generally, all persons who have their names on deeds to property in Rehoboth Beach are eligible to register to vote in Rehoboth Beach municipal elections (held every year). Those persons who hold their Rehoboth Beach properties in trust for probate estate purposes are eligible to register to vote in Rehoboth Beach municipal elections. Proper documentation needs to be filed. Question as to whether you are eligible to register to vote in Rehoboth Beach elections or whether you are properly registered to vote? Call City Hall 302-227-6181 and ask for Donna Moore. The City has handy all records that show whether you are eligible to vote and whether you are currently registered.

3. Register to vote: In order to vote in the August 8, 2009, election, you need to be registered to vote. If you voted in either the 2007 or 2008 election, your registration is up to date and there is no need for you to re-register. If you did not vote in either 2007 or 2008, you will need to register or re-register to vote. This registration procedure is simple and straight-forward. Go to City Hall during business hours and state you wish to register to vote. Bring with you identification (driver's license will do). The Clerk at the window has all the records necessary to determine whether you own property in Rehoboth Beach and thus are eligible to vote in the municipal election. Registration (or re-registration) is quick and is completed on the spot. Deadline for registration in order to vote in this year's municipal election is June 12, end of day.

Note: One's eligibility to vote in Rehoboth Beach elections is based on property ownership. One can vote in Rehoboth Beach elections and vote elsewhere and at the same time in other municipal elections and other state and federal elections. Voting in Rehoboth Beach municipal elections has no effect on one's voting privileges in other states, other counties, other cities.

4. Absentee or early voting: All eligible registered voters may elect to vote early by absentee ballot at any time after June 24, 2009. If there is any chance whatsoever you may not be present in Rehoboth Beach on August 8, 2009, to personally cast your vote in the municipal election, consider filing an early absentee ballot. Procedure: One must file an affidavit along with one's request for the absentee ballot. Go on line www.cityofrehoboth.com and print out the affidavit (or call 302-227-6181 and request an affidavit be mailed to you). Send or deliver the affidavit to City Hall. A notary public is available at City Hall to witness your signature. The entire process can be handled in one step: Anytime after June 24, 2009, go to City Hall and request an affidait, fill it out on the spot, have it notarized, obtain the ballot itself, fill it out on the spot, and hand it to the clerk at the window. You will then have completed your absentee ballot voting. All absentee ballots must be received by City Hall by end of election day, August 8. Questions? Call Donna Moore at 302-227-6181.

5. Voters will be voting to fill two city commission seats, those seats now held by resident commissioner Paul Kuhns and non-resident commissioner Kathy McGuiness. Kathy McGuiness has declared she is running for re-election and has filed her petition. Commissioner Kuhns may run for re-election but has yet to file his petition stating he is running for re-election. Full-time resident Bill Sarget has filed a petition to run for one of the two seats. Others may file to run. The deadline for candidates to file and declare their candidacy is June 6.

Voters may vote for up to two candidates for city commissioner. Voters have the right to choose to vote for only one candidate, rather than two. Choosing to vote for one candidate rather than for two is termed bullet-balloting. In 2008, 35 per cent of those voting chose to bullet-ballot and vote for only one candidate for city commission. In 2007, 41 percent of the voters chose to bullet-ballot and vote for only one candidate. In 2006, 33 per cent of the voters cast their ballot for only one city commissioner.

6. How important is your vote? Although last year Commissioner Paul Kuhns lost his bid to unseat Mayor Sam Cooper by eleven percentage points, 44 per cent to 56 percent, other city commissioner candidates in recent elections have lost and won their bids for election or re-election by a fraction of a percentage point: 3 votes, 7 votes, 10 votes. In a city where the total number of voters in its municipal elections is only about 1,200 voters, it is clear each individual vote carries great weight. By neglecting to register to vote or by failing to vote for any reason whatever, one can drastically affect the outcome of an election.

Nancy Martin

May 17, 2009

Once again we report the important news that Willis (Bill) Sargent, who has served for a number of years as a Board of Adjustment Commissioner, tomorrow will be filing to run to now serve as City Commissioner. Detailed information from Mr. Sargent will follow.

Joanne Hess provides below a summary of the actions taken by the City Commissioners at their regular meeting Friday, May 15. An audio recording of the full meeting is available on the Save Our City website, www.saveourcityrehoboth.org.

The mayor and all commissioners were present except for Commissioner Dennis Barbour.

Letters were read (1) expressing safety concerns over the curb in front of the Fire Department and (2) a request form Rehoboth Beach Homeowners Association asking for clarification and a legal opinion on the possibility of having more than one non-resident candidate poll more votes than a resident candidate or resident candidates in the upcoming election and thereby avoid a violation of the City Charter which holds that no more than three of the seven city commissioners be non-resident commissioners. The request will be put on the agenda for June 19 regular meeting.

The Fire Department reported one ambulance damaged in accident and other already undergoing repairs. Lewes has lent an ambulance to Rehoboth Beach until repairs finished on one ambulance (about two weeks). Repairs to damaged ambulance will take up to four months, so the Department will try to purchase a demo ambulance to be ready for use in about a month. Budget cuts require freezing of all capital expenditures. The annual fund-raising drive will begin at the end of June, and officials hope it will again meet goals since revenue decreased from other sources.

Rip Copithorn of Stearns & Wheler summarized highlights of the report discussing plans to construct an ocean outfall to replace the City's Canal discharge of its treated wastewater. The full report can be found through the following link on Welcome page of the City's website: www.cityofrehoboth.com/index.html. At present the only system available for review is the ocean outfall plan; the proposed land-application system report is still being prepared, and it is not yet known if there will be a feasible plan for the spray irrigation method. Several construction methods were detailed; the need for suitable time to obtain permits was explained. Paul Lovett asked if consideration had been given to using the Canal rather than either Henlopen or Columbia Avenues for installation of required pipe. Mr. Copithorn will study that possibility. Based on estimated costs and current usage rates, it is estimated that the average annual cost of water usage for Rehoboth City residents will rise 110 per cent from its present cost of $325 to $680.

Vice Chair Nancy Meadows reported on the Planning Commission meeting of May 11. The public hearing scheduled for partitioning of 105 Park Avenue was postponed at the request of the owners and has been rescheduled for the next regular City Commission meeting June 8. A postcard will be mailed to all property owners announcing a Public Hearing to gather comments on the Comprehensive Development Plan at 10 a.m. in the Fire Hall on July 18. Public Information Hearings are scheduled in advance, on May 23 at 10 a.m. in the Fire Hall and June 7 at 7 p.m. in the Commissioners' Room, City Hall.

The Commissioners set the date of June 19 for a public hearing on a proposed Public Hearing on a proposed ordinance that would extend to six months the time before which special variance shall become invalid unless a business permit is obtained or a use has changed, with an option to the Board of Adjustment to extend another three months. A Public Hearing will also be scheduled for June 19 to discuss a proposed Site Plan Review Ordinance recommended by the Planning Commission. The Commissioners also approved new rates for rental of Convention Hall and the Bandstand to be effective May 16, 2009.

Commissioner Mills reported on Boardwalk construction and scheduling. With the exception of a few items, Phase 1 is complete and open. It was fully funded by the City. Stimulus funds, enthusiastically supported by Vice President Biden, Governor Markell, Senator Carper, and other Delaware leaders will pay for completion of remainder of Boardwalk, covering Phases 2 through 5 in one year. It must be completed by Memorial Day 2010. Construction of the remainder of the south end (from Laurel to Prospect) will begin September 8, 2009. Because of uncertainty of conditions underlying the Rehoboth Avenue section, work will begin there on October 27, 2009, and proceed north. The Christmas Tree will be erected as usual in the Bandstand and lighting ceremonies should not be affected by Boardwalk construction. Commissioner McGuiness asked for expression of thanks to both Mayor Cooper and Commissioner Mills for their dedicated work on the Boardwalk projects, and City Manager Greg Ferrese cited the long hours each contributed to the project. Mayor Cooper reminded everyone that because this was now a federally-funded project, extensive reports on progress and expenditures would be required. He feels the City Manager and City staff will meet this challenge successfully.

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Nancy Martin May 16, 2009

NEWS FLASH:

This today from Willis Sargent:

I am filing on Monday to run as a Commissioner of the City of Rehoboth Beach.

Rehoboth Beach is changing from a summer to a year-round community. The pressure on the city's housing, on its infrastructure and on its environment grows constantly. I look forward to working with the mayor and with the commissioners to find ways to accommodate the necessary changes while preserving the essential character of our wonderful city.

Willis Sargent
Rehoboth Beach
May 16, 2009

May 14, 2009

Please note on your calendars and prepare to show up, speak up, submit your views. The Planning Commissioners and the City Commissioners are depending on your views on this project, the five-year update of the crucial Comprehensive Development Plan, the Plan that provides for the bright and livable future of our Rehoboth Beach. The Planning Commissisoners have provided numerous opportunities for us to register our views.

This from the City website:

Save Our City citizens action group bases its existence on supporting our mayor and commissioners in the important work they do for us.

Tomorrow night, May 15, 7 p.m., is the monthly regular city commissioners' meeting, now set for Friday nights so that more of us may attend the meetings. The agenda for tomorrow night is short:

1. Presentation by Rip Copithorn of Stearns & Wheler on their report dated March 2009 regarding the cost to construct an ocean outfall to replace the City's Canal discharge of its treated wastewater effluent and public discussion concerning alternate wastewater discharge methods, funding, permitting, other areas of interest; planning future discussion and related matters.

2. Consider adoption of a resolution to set a public hearing on a proposed ordinance that would extend the time before which a special exception or variance shall become invalid unless a building permit is obtained or a use is changed.

3. Discuss and consider setting the date for a public hearing regarding a proposed Site Plan Review Ordinance recommended by the Planning Commission.

4. Consider adoption of a new rate schedule for use of the Convention Center and related rentals.

5. Report on Phase I and Phase II of the Boardwalk Reconstruction Project and timeline for same.

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Citizens are encouraged to correspond directly with our mayor and commissioners as follows: scooper@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; pkuhns@cityofrehoboth.com; lzellers@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; dbarbour@cityofrehooth.com; smills@cityofrehoboth.com

May 1, 2009

Summary of what was covered at the city commissioners’ workshop meeting Friday, May 1. Notes and report of Tim Spies.

Urban Forest Program—Bryan Hall of the State’s Office of Planning Coordination, presented options for the survey and documentation of all of the trees in the city. The survey could be performed by volunteers or by employees of the state’s Forestry Department. The species, size, and condition of all trees would be part of the survey.

Wastewater---The mayor reported that the County’s study should be ready for review within a few days. At that time, the city will be able to better compare the cost of joining with the county for spray irrigation with the cost of ocean outfall.

Site Plan Review---It was agreed to schedule a time for a public hearing at the next commissioners’ meeting. Site Plan Review will provide the city with more tools to manage the impact of large-scale building projects.

Budget---In order to better monitor the current economic situation, it was agreed to hold budget meetings at 8:00 am (prior to the 9:00 am Workshop Meetings), on

Friday, June 12; Friday, August 14; and Friday, October 9.

Mixed -Use Zoning---Commissioners McGuiness and Coluzzi discussed proposals for the addition of mixed-use zoning to the city code. City Solicitor Mandalas noted that the creation of new zoning ordinances is within the purview of the Planning Commission. It was agreed to forward the matter to the Planning Commission.

Come if you can to the Planning Commission meeting Monday, May 11, 6 p.m.

Come if you can to the City Commissioners' meeting Friday, May 15, 7 p.m. Please note that the City Commissioners in March voted to change the day and time of the City Commission meetings to FRIDAYS so that more of us interested citizens would be able to attend. Now it is up to us to plan to show up and support our commissioners at these important meetings. As said before, several long-time and part-time residents claimed "it is the best show in town." Maybe plan to go out for supper afterwards and enjoy our special City of Rehoboth Beach. And thank the mayor and commissioners for working so hard to make our town so special for us and for visitors and business people.

Nancy Martin

March 31, 2009:

The Cape Gazette story re the rezoning of Canal Street, Sixth Street, and Grove Street from commercial to residential to reflect its current use, with the Canalside Inn and Early Attic, the only two commercial properties, to be grandfathered in.

The current use of the neighborhood is 95% residential and only 5% commercial (the Canalside Inn and the Early Attic Antique Store). Since the Comprehensive Development Plan was approved in 2003, three large parcels either have been or are about to become residential in use: Park Place (Canal and State Road.), Cottages by the Sea (fronting on Sixth Street.--the old Joseph's Cottages), and Oak Grove. Even though there may have been mixed use potential in 2003, there is practically no potential now.

Mayor Cooper argued that leaving the Canalside Inn as C-1 would be spot-zoning and therefore subject to legal challenge.

See below a full listing from the City Code of all uses allowed in a Commercial C-1 district.

Nancy Martin

Today's Cape Gazette story:

"Rehoboth approves Canal Rezoning"
Citizens support leaving Canalside Inn commercial
By Ryan Mavity

After months of discussion, the Rehoboth Beach commissioners voted 4-3 to rezone 300,000 square feet of land near the Lewes-Rehoboth Canal from commercial to residential.

The vote at a Saturday, March 28 special meeting went contrary to the general sentiment of the audience, which supported rezoning most of the land residential but favored allowing the Canalside Inn to remain commercial.

Most of the land – bordered by Rehoboth Avenue to the north, Canal Street to the west and Sixth Street to the south – consists of single-family homes, townhouses and the Oak Grove Motor Court. All properties fronting Rehoboth Avenue will remain commercial.

“The area that is being discussed has defined itself, and it’s time for the zoning to catch up with what’s actually on the ground,” said Mayor Sam Cooper, who voted yes.

The planning commission recommended rezoning, and the idea was in the city’s 2004 comprehensive development plan, although that plan specified mixed-use zoning - a combination of residential and commercial.

The Lovett family, owners of Oak Grove Motor Court, requested rezoning to protect the character of the neighborhood. The Lovetts propose a major subdivision for their property, which they wish to subdivide into 15 buildable lots. The commission recommended rezoning because their idea for mixed use would have included land that instead became the Park Place townhouse complex. Since that land is already developed, the commission said it has missed its opportunity for mixed use.

Planning commission Chairman Preston Littleton said he was concerned with the kind of development that could be done under commercial zoning.

“The planning commission is very concerned about the type of development that is allowed in a C-1 zoning district, which is the most liberal commercial zoning category,” Littleton said.

Besides residential uses, a commercial zone can also include a variety of business uses such as hotels, parking lots, retail stores, theaters and restaurants. [See full list below of uses allowed in a Commercial C1 district, taken from the City Code.]

Littleton said the planning commission was going to recommend rezoning the land to residential in its update of the comprehensive plan, which is currently ongoing.

Paul Lovett, co-owner of Oak Grove Motor Court, said the family wanted residential zoning because they did not want to see the land become commercial, and rezoning would legally protect the character of the neighborhood. He said 85 percent of the land is used for residential use. However, Lovett said he had no objection to keeping the Canalside Inn commercial. The inn and its owners, Richard Kirchhoff and Steven Young, have been the most vocal opponents of the rezoning because it affects their property.

While the inn is grandfathered in as a nonconforming use, if Kirchhoff and Young wish to change the use, they must get a variance from the board of adjustment.

Kirchhoff said, “What we have here is a solution looking for a problem. We are willing to compromise. All we are asking for is fair treatment.”

Kirchhoff said while he was opposed to the rezoning, he wanted to work something out.

Attorney Chase Brockstedt, representing Kirchhoff and Young, said his clients’ objection to the rezoning was based on their desire to retain the ability to use their property for something different should their business fail.

“They do not want to see any of the other properties turned into a commercial enterprise. They hope that everything stays residential and continues to flourish in a residential manner. They love this inn and they invested a lot of their time and money into making it go as an inn,” Brockstedt said.

Tom Zellers said the Country Club Estates Association board voted 5-0 to support rezoning. Others who spoke in favor included Steve Latsios of 72 Kent St., Commissioner Dave Mellen of the planning commission and Rick Eisenman of 418 Rehoboth Ave.

Public opinion was generally not against rezoning but most who spoke supported excluding the inn.

Don Walker, whose wife owns the other commercial property in the area, Early Attic Antiques, said, “We’re not really against it one way or another. But the people who own the Canal, I personally think, if you can, they should be C-1.”

Debbie Kennedy said, “I am for the change but I still think the Canalside Inn should be allowed to stay in the C-1 zone.”

Dale Lomas, former owner of the Canalside Inn, said he would like to see the Lovetts’ land become residential but the inn stay commercial, not just grandfathered in.

Michael McHugh of 1 Sixth St. said barring not keeping the land commercial, he would like to see the Canalside Inn receive more extensive grandfathering provisions.

Hoyte Decker of 214 Laurel St. said, “I’m not against what the Lovetts are proposing to do here, but I have significant problems with this rezoning concept. I just don’t understand why we are trying to do something like this.”

Decker said the city should not rush to judgment and should further explore the rezoning.

After almost two hours of public testimony, Commissioner Dennis Barbour made the motion to approve rezoning the land.

Commissioner Stan Mills said he agreed the area needed to be rezoned, but he wanted to see the city remain faithful to the comprehensive plan and further explore mixed use.

Commissioner Pat Coluzzi said, “I’m not against mixed-use at all. But I think we missed our opportunity here, unfortunately. Clearly, most of the people in this room like the Canalside Inn, I think they’ve been good stewards of the property, and it is a nice inn. But I’m concerned what our options are with C-1, what it could become.”

Commissioner Kathy McGuiness said, “Don’t just not listen to what was said today by all these people and the community. Leave that parcel for now, and I bet we can act on that in six months and we can have a mixed use. It’s not rocket science. We can make this work for everybody,” McGuiness said. “It’s an opportunity, instead of going ‘Black or white, sorry.’”

After the meeting, Kirchhoff said, “My partner and I were very gratified by the neighborhood’s support. I was totally shocked by the vote. I don’t understand the mentality of forcing someone to win and someone to lose when there are alternatives where everyone wins a little.”

He continued, “Even with a solution within their reach, a majority of the commissioners decided it was simpler just to throw me under the bus. What disappointed me most was that despite the overwhelming public sentiment in the room to work out a compromise, they didn’t even want to try! I’m glad there weren’t any children at the hearing, because they would have gotten a bad lesson in civics.”

Commissioner Kathy McGuiness tried to raise an amendment that would keep the Canalside Inn as commercial but her motion died for lack of a second.

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From the City Code: Uses allowed in a Commerical district:

(1) Tier 1.

(a) Any use permitted in the R-2 District under § 270-12C.

(b) Mid-rise apartment.

(c) Tourist, rooming house or boardinghouse.

(2) Tier 2.

(a) Hotel, motel or inn, where the motor vehicle entrances have been approved by the Building Inspector so as to comply with the applicable City standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.

(3) Tier 3.

(a) Fire station.

(b) Public or private automobile parking lot pursuant to Article IV.

(c) Retail stores, including gift, art and antique shops, but not including bird or animal treatment or sale; and personal services shops, including craftspersons' trades not requiring the use of power tools.

(d) Restaurants or caterers or dinner theaters.

(e) Theaters and halls for the entertainment of guests.

(f) Billiard, pool or bowling establishments and miniature golf courses.

(g) Food establishments where alcoholic beverages are not served or consumed.

(h) Telephone central office.

(i) Electric/Gas utility building.

(j) Laboratories, analytical and chemical.

(k) Printing, engraving and print reproductions.

(l) Hand laundry and dry cleaning where cleaning is not done on premises.

(m) Professional offices and studios.

(n) Offices, banks and other financial institutions and courts of law.

(o) Private club or lodge.

(p) Self-service laundry.

(q) Commercial tennis courts.

(r) Gymnasium or health club.

(s) Public or commercial garages, repair shops, gas and oil service stations.

(t) Undertaking parlors and undertaker's supplies

March 17, 2009

What happened at last night's commissioners' meeting. Audio recording will be posted on the Save Our City website wwww.saveourcityrehoboth.org.

Report of Joanne Hess:

Mayor and all commissioners, except Commissioner McGuiness, present.

The Delaware Bike Summit: Jim Westhoff, public relations officer for Delaware Department of Transportation, presented information about the 2009 Delaware Bike Summit, which will be held in Dover April 24, 2009. The Summit will highlight what works for bicycles in various communities, what can be done to compel more people to ride bicycles, and what changes should be made to accommodate more bicycle-riding. Rehoboth Beach is active in all phases and participation in the Summit is encouraged. It lasts from 8 a.m. to 4:l5 p.m. Two meals will be served. More information: Call l-302-760 BIKE; www.bike.deldot.gov. Attendance is limited and reservations are encouraged as soon as possible.

Building and Licensing permits: Terri Sullivan, Building and Licensing Inspector, reported a total of 43 permits issued in February, of which two were for new commercial construction, two for new residential construction, with the remainder being for renovations and repairs, signs, and one fence. At request of Commissioner Barbour, Building and Licensing Inspector will include figures from last year to compare each month of 2009.

A Permit of Compliance was unanimously approved for John C. Glenstrup and John A. Black of JBJ Enterprise L.L.C. to operate a new restaurant with dining on a patio, to be known as "Rigby's Bar & Grill" to serve food and alcohol pursuant to the City of Rehoboth Beach Municipal Code. The restaurant will be located at 404 Rehoboth Avenue, replacing Partners. One letter from an immediate neighbor objected to noise on the patio but Commissioner Mills noted the City Code requires that all food and alcohol service end at 10 p.m. and all patio dining end at 11 p.m.

Planning Commission report: Timothy Spies, secretary of the Planning Commission, reported on its meeting held March 9. There were no applications fore partitioning. Measurements for short dead-end streets were discussed, and Chairman Littleton will forward the recommendations to the City Solicitor so that he may prepare an ordinance for submission to the mayor and commissioners and the scheduling of the public hearing. Planning Commissioners also discussed meeting dates for public hearings on revisions to the Comprehensive Development Plan. The Planning Commission will hold a joint meeting with the mayor and city commissioners on April 15 to discuss the Comprehensive Development Plan. The Planning Commission will continue to meet Monday evenings but will switch to Friday evenings following public meetings to review the Comprehensive Development Plan.

Sidewalks: Public hearing of possible construction of sidewalks adjoining along or in front of property in Rehoboth Beach where more than fifty per cent of the lots on a block on any named street have existing sidewalks and consideration of an assessment of costs for the construction of such sidewalks: much discussion. Several properties would be affected by passage of an ordinance. Streets where no sidewalks exist, such as Henlopen and Columbia, would not be affected. Several property owners felt there was no problem, that people could walk out in the street. Some felt parking would be eliminated if sidewalks were added. Ken Lingo, Jr., outlined possible dangers of putting sidewalks at his property at 35 Surf Avenue, citing numerous occasions where the ocean has pushed sand, small stones against his property, and would probably toss sidewalk onto his yard or house. Other citizens felt the lack of sidewalks is a serious safety issue. Everyone expressed concern over costs incurred in this period whether property owners paid for new sidewalks, the City paid, or a combination of both. Because so many questions remained unanswered and unresolved, Commissioner Coluzzi recommended that further consideration be turned over to the Street and Light Committee. That Committee's chair, Commissioner Kuhns, agreed to conduct a survey of each designated lot owner and report back to the mayor and commissioners in two months.

Wastewater discharge method alternatives: Mayor Cooper reported on attendance at the County/City meeting to review progress on the study of wastewater discharge methods. He felt the study was making good progress, although not yet complete and lacking cost figures. Mayor Cooper has received the Stearns & Wheler estimate for ocean outfall method in the amount of $34 Million. He cited the current average cost for treatment at $325 and estimated costs could reach 110 per cent of that. Commissioner Mills hopes to obtain electronic copy of the Stearns Wheler estimate, for posting on the City's web site.

Boardwalk reconstruction: Unanimous approval was given to the awarding of the contract to Eastern Shore Services for $52,500 for street lighting on Phase I of the Boardwalk Reconstruction Project.

Variance or special exception: During the discussion of extending the time before which a special exception or variance shall become invalid unless a building permit is obtained or a use is changed, it was decided to change the current time from three months to six months, with extension for three more months if necessary, to be approved by the Board of Adjustment. City Solicitor Mandalas will draft an ordinance covering this change for review by the City Commissioners and subsequent scheduling of a public hearing.

Budget: City Manager Greg Feresse presented the City Budget of approximately $14 Million for fiscal year April 1, 2009, through March 31, 2009. Commissioner Mills raised his concerns about the process for reviewing/approving the budget and ordinances required for implementation of the budget. He observed he did not receive final drafts of the ordinances until late the day of the meeting, that he had not adequately reviewed it, and the public had been given no chance to review it. It was then decided that final action would be taken at a special meeting Saturday, March 28, at 9 a.m., and that both budget and related ordinances would be posted on the City web site prior to that meeting.

The Building and Licensing Office will move on Thursday, March 29, from its present trailer to new Municipal Building at 306 Rehoboth Avenue, formerly site of Wilmington Trust Building.

Boardwalk reconstruction: Commissioner Mills reported that completion of Phase I of the Boardwalk is on schedule, with opening of part of it scheduled by Easter and remainder by mid-May. He hopes the City in the next several weeks will hear if funds are available from President Obama's Stimulus Package for reconstruction of the remainder of the Boardwalk.

Nancy Martin

February 19, 2009

Mayor Sam Cooper will be speaking this Saturday, February 21, 9 a.m., at All Saints Episcopal Church, 18 Olive Avenue, as a guest of the Rehoboth Beach Homeowners Association.

Please come. Mayor Cooper will address all topics of interest to you and answer your questions. One of the major issues the City is facing is the choice of alternative routes for the disposal of our wastewater; e.g., ocean outfall or land spray irrigation.

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Next:

The audio recording of the full commissioners' meeting last Tuesday will be posted on the Save Our City website shortly.

Joanne Hess provides us with a summary of what was covered at this meeting:

All seven commissioners were present. All work hard for our City, for us. This was the third -- and for some of the commissioners, the fourth -- meeting of the day. The previous meeting ended only forty-five minutes before this regular city commissioners' meeting began.

Rehoboth Beach Fire Department: Assistant Chief Chuck Snyder introduced other officers of the Department and presented copies of the budget to the commissioners. Rehoboth Beach volunteers provide this fire protection service to an area reaching from Indian Rier north to Cape Henlopen and west to Angola. They operate from three stations: Rehoboth Avenue, Route One near Food Lion, and Route 24, where they share the responsibility with Lewes. The most welcome contribution in funds from Rehoboth Beach has been a minimum of $30,000 since 1992, which the City contributing more when asked to do so in special circumstances (mostly for new equipment). Chief Snyder hopes the City will consider raising the amount of the annual contribution in view of rising costs. All Fire Department staff are volunteers with the exception of some paid Emergency Medical Service officers. Commissioner Kathy McGinnes inquired about any plans to remodel the Rehoboth Beach fire station. Chief Snyder replied he did not know of any.

The proposed rezoning ordinance covering lots on Sixth and Canal Streets: Public meeting, Saturday, March 28, 10 a.m. Location to be determined.

Boardwalk reconstruction project. Phase 1: This phase, which covers the four blocks from Rehoboth Avenue south to Laurel Street, is proceeding on schedule with some portion possibly open by Easter, on April 12. The remainder of Phase 1 definitely will be completed by mid-May 2009.

Boardwalk reconstruction project. Phase 2: This phase, which covers all remaining sections of the boardwalk, is eligible for consideration of a grant of $7.4 Million from President Obama's stimulus package. In order to meet the deadline of June 12 for consideration, Boardwalk Committee Chair Commissioner Stan Mills reported strict deadlines must be met, including drawings, preparation of data for bids, advertising to solicit bids, awarding, and granting of bids. First, immediate action is the selection of materials for the center portion of the boardwalk opening off Rehoboth Avenue. This part has been concrete since the 1950s. Options for reconstruction include replacing this section with concrete and/or pavers, at a cost of $243,000 with probably replacement necessary every thirty years or less, or using yellow pine wood, which will be used for the remainder of the boardwalk, at a cost of $232,000 to install, with replacement averaging every seven years and done in sections. Mayor Cooper estimates the cost of each surface to replace and maintain would be $9 per foot for wood and $6 per foot for concrete.

Considerable discussion ensued over materials to be selected for the central area of the boardwalk from both the seven commissioners and the audience attending. Both the Boardwalk Committee members and the Main Street principals are very much in favor of wood, since it is a BOARDwalk, as emphasized by Commissioner Kathy McGuiness. Commissioners Coluzzi and Zellers felt the concrete/pavers would make a nice extension of the area around the bandstand. It was decided in the final vote to choose yellow pine for paving in the central section of our boardwalk as well as in all of the boardwalk.

If funds are granted from the stimulus package, work would need to begin in the summer of 2009. Mayor Cooper stressed the importance of meeting requirements so that Rehoboth Beach could receive funding. The City has not budgeted any funds for this important and needed work. If work begins the summer of 2009, it would start at the south end, proceed to the reconstructed portion on Laurel Street, then, probably not until fall 2009, would move to the north end and proceed south to Rehoboth Avenue. It would be completed by mid-May 2009.

Wastewater discharge methods. The County-approved contract consultant is studying both methods (ocean outfall vs. land spray irrigation, and, according to Mayor Cooper, should present his report sometime in April.

Changing the days and times of the city commissioners' meetings and workshops. Commissioner Dennis Barbour proposed changing the days of the regular city commissioner meetings from Mondays to Fridays and, after some discussion, the city commissioners' workshop meetings from Monday mornings to Fridays. He cited the precedent of meetings held on Fridays, providing the opportunity for more of the non-resident property owners to attend. Commissioner Kathy McGinnis stressed the importance of keeping one of the meetings -- city commissioners' regular meetings or the city commissioners' workshops -- during the daytime in order that business people are more likely able to attend. While some of the commissioners observed that the business owners did not regularly attend, the general agreement was that attendance at any of these meetings is issue-driven. The vote on changing the day of both the city commissioners regular meetings and the workshops from Monday to Friday was 5-2, with Commissioners Paul Kuhns and Stan Mills voting no. Note that the time of the Friday workshop meetings has yet to be determined.

Commissioners' workshop scheduled for Friday, April 3; regular city commissioners' meeting scheduled for Friday, April 17. Future commissioner meetings will follow the schedule of regular meetings set for the third Friday of each month and the workshops the first Friday of each month.

Awarding of contract for recycle and pick-up and disposal: First State Disposal of Delaware has been awarded the contract to begin collection and disposal of materials in April, 2009, to continue to March 31, 2012, at a cost of $1 per pick-up. Once again the City will assume all costs of this environmentally-important service.

Nancy Martin

Note that all newsletters, going back to 2005, are posted on the Save Our City website.

February 8, 2009

Rehoboth Beach news reported in this week's Coast Press:

l. Rehoboth Beach gets new emergency alert system

2. Hearings set on Rehoboth Beach comprehensive plan

3. Rehoboth embarks on wastewater disposal project

Nancy Martin

Note: We can always correspond with our city commissioners as follows: scooper@cityofrehoboth.com; dbarbour@cityofrehoboth.com; lzellers@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; smills@cityofrehoboth.com; pkuhns@cityofrehoboth.com. Look to both www.saveourcityrehoboth.org for up-to-date information through all newsletters and links. Look to the city website www.cityofrehoboth.com for all city business information and links.

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February 5, 2009

Siren will sound in case of severe weather, evacuation

By Kristen Smith
Staff Writer

REHOBOTH BEACH -- A grant from the Department of Homeland Security has enabled the city to purchase a new emergency alert notification system that will maintain the safety of residents and visitors, officials said.

Police Chief Keith Banks said in the event of severe weather or beach evacuations, a siren will sound followed by loudspeaker announcements, detailing the emergency. All announcements will be audible from the boardwalk and beaches, as well as for miles within city limits, he said.

"I've heard of towns using the reverse 911 system to notify people, but to me this system seems a lot safer," said resident Maria Howell. "It has the potential to reach more people, faster."

The DHS awarded Rehoboth Beach $28,750 for the project, Banks said, noting that the remaining cost of $483 will be funded by the city. According to Banks, the system is very effective in resort communities.

"We're hoping to never have to use this system, but it's better to be proactive," he said. "This system will improve upon our already good public safety, with 24/7 police coverage and a great fire department."

The proposed emergency notification system is easy to operate, officials said, noting that other notification methods that use a telephone calling system are harder to manage as some homes do not have landlines.

"Plus, telephone alert systems limit the notification to those who answer the phone while those who aren't home or who are outdoors never receive the message," said Commissioner Stan Mills.

ksmith@dmg.gannett.com

302-537-1881, ext. 203

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February 5, 2009

Hearings set on Rehoboth comprehensive plan

By Kristen Smith
Staff Writer

REHOBOTH BEACH -- City Commissioners are slated to hold public hearings sometime in April before finalizing the 2009 Comprehensive Development Plan.

For the past year, the Planning Commission has been holding a series of workshops devoted to its work on the state-mandated CDP. City officials said public feedback has been extremely helpful.

"I am pleased with the progress to date," said Commissioner Pat Coluzzi. "It has been a monumental job for the members of the Planning Commission since the number of commissioners was reduced from nine to seven last year."

Since the workshops recently wrapped, the group has been finalizing a working draft of the updated plan that will soon be made available for public review and comment.

Mindful that many full- and part-time residents are out of town during the winter months, Planning Commission officials said they plan to conduct a series of public information meetings beginning in April designed to better acquaint the public with the draft plan.

"I think it's wise to wait for additional public hearings," said resident Betty Schrader. "A lot of folks aren't in town during the winter months, but the (CDP) affects us all. It's imperative that all tax-paying residents, full- or part-time, have a say in what happens to our city."

Prior to the public hearings, the Planning Commission will also meet with city organizations that are interested in learning more about the draft document.

The Planning Commission will consider all comments and suggestions made during the public hearings, as well as comments from the state. Once the Planning Commission finalizes the plan, it will be forwarded to the mayor and commissioners for review and final approval.

It is the Board of Commissioners that is responsible for formally adopting the plan. Following adoption by the city's governing body, the plan then requires state certification. Upon certification, the 2009 CDP will represent, with legal status, the framework for future municipal planning.

"The Planning Commission has done a good job announcing their CDP meetings, and I would expect and hope for the citizenry to be drawn into the conversations during the additional workshops and hearings," said Commissioner Stan Mills. "I believe it is very important for the commissioners to (support) the revised CDP as it presents many visions and guidance for (the) future."

ksmith@dmg.gannett.com

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February 5, 2009

Rehoboth embarks on wastewater disposal project

By Kristen Smith
Staff Writer

REHOBOTH BEACH -- Officials say an engineering analysis to determine what would be involved in moving the city's treated wastewater to the county's facility is slated to begin this week.

"I'd say within 60 to 90 days we should have a final estimate on users' cost," Rehoboth Commissioner Stan Mills said. The future of the city's wastewater disposal has been uncertain as the county has been preparing to embark on a cost study, which is estimated at $73,000 and will be funded in part by the state's Clean Water Advisory Council.

The study, which is scheduled to kick off this week, aims to gather data on how to handle wastewater flows from Rehoboth Beach to the county-owned Wolfe Neck treatment plant near Rehoboth or the Inland Bays plant near Angola, said County Engineer Michael Izzo.

The city's treated wastewater is now pumped into the Lewes & Rehoboth Canal, which empties into Rehoboth Bay. The sooner the city can prevent wastewater from being pumped into that waterway, the sooner the levels of nitrogen and phosphorus in the Inland Bays' ecosystem can be reduced, officials said.

"The idea has been discussed for some time now and the possibility of a regional solution between the county and Rehoboth has the potential to be cheaper than separate ones," Izzo said.

Resident Jen Hopkins said she is anxious to hear new details about the project.

"I was under the impression this was a top priority for all agencies (involved)," she said. "We as residents want to know what's going to happen and how it will affect us, our tax dollars and our living conditions."

Rehoboth Commissioner Dennis Barbour said the project is top of mind. Since a private contractor will be employed, leaving the city with no control over rates, he said it's important that officials take the time to find a good contractor.

"I think it will become clear over the next couple of months what the cost will be and that will probably drive discussion," he said. "Many of the issues should be settled after the county study."

Rehoboth Mayor Sam Cooper said the city still has plenty of time before the 2014 court-mandated deadline, but also has to consider the time needed to design and build a new wastewater system.

"In some ways, we're kind of living on borrowed time," Cooper said. "But we're not crucial yet. ... We have a good amount of time left, but we can't be dallying."

The News Journal contributed to this report.

ksmith@dmg.gannett.com

February 3, 2009

What happened at the city commissioners' meeting Monday, February 2, 2009:

Alternate Wastewater Discharge Alternatives. The Clean Water Advisory Council has approved $73,000 to study whether a joint venture between the City of Rehoboth Beach and Sussex County for the disposal of waste water by spray irrigation is feasible. The only viable alternative remaining is for the city to dispose of its waster by ocean outfall.

Re-zoning Issue. There was further discussion on the proposal to rezone to R-2(Residential) the land currently zoned C-1 (Commercial) that borders Canal and Sixth Streets., as well as a portion of the parcel at the southwest corner of Canal Street and State Road. With two exceptions all lots in this area have been developed as residential. The two exceptions are an antique store on Sixth Street and the Canalside Inn at Sixth and Canal. Both businesses would be grand-fathered in if the land is rezoned. The owner of the Inn spoke in opposition to the re-zoning. Commissioners Zellers expressed concern that the current zoning does not protect the owners of residences from neighbors converting their property to heavy commercial use. Commissioner Barbour said that it is incumbent upon the commissioners to act in the best interests of the city and all of its property holders. Commissioner Mills asked to delay the matter until the new CDP is adopted and approved by the state and the issue of a mixed-use zoning is fully explored. Commissioner Kuhns concurred. The commissioners agreed to place the issue on the agenda of the February 23 meeting. At that meeting the commissioners may vote to schedule a public hearing on the matter. If a public hearing is held, all property owners subject to the rezoning will be notified of their opportunity to voice their support or objection.

Restaurants that Serve Alcohol. Commissioner Mills presented a draft of City Code Chapter 215-Restaurants which incorporated comments and suggestions from the Building and Licensing Department. City Manager Greg Feresse offered to meet with representatives from the Chamber of Commerce, Main Street, and the Building and Licensing Department to review issues related to restaurants and then report back to the commissioners.

Board of Commissioners Meeting Times. Commissioner Barbour proposed changing the time of the Board of Commissioners regular meetings to Friday evenings for the benefit of public participation. He noted that many non-residents find it difficult to attend Monday night meetings. He also pointed out that the last time the issue was raised, over fifty emails in support of Friday meetings were received by the commissioners and only a few in opposition. Some commissioners questioned whether the public was more likely to attend on Friday nights; it was noted that Friday night meetings would at least give non-residents the opportunity to attend whether they chose to or not. Commissioner Kuhns who is not in favor of the change in times and contended, once again without providing documentation, that he had heard from many people who are against the change. He suggested that the matter should be put to referendum.

Solar Panels on New City Building. Dave Preston of Delaware Renewable Energy Company presented a proposal to install roof-top solar panels on the new city building at 306 Rehoboth Avenue. He said the cost would be $70,000 of which $35,000 would be funded by Delmarva Power. Mayor Cooper raised the issue whether the installation would void the warranty of the new roof and what responsibility Delaware Renewable Energy would take if there are leaks caused by the installation. In response to a question from a member of the audience as to why solar panels had originally been rejected for the building, the mayor replied that the original estimate prepared by the city’s consultant at the time, Tevebaugh and Associates, was much higher and the consultant suggested that solar panels would not be cost effective. The consensus of the commissioners was to move forward with the bidding of contracts for the solar panels.

Updated Zoning Map. After discussion, it was agreed to move forward with the adoption of a new zoning map for the city.

City Manager’s Report. The City Manager reported that bids have been submitted to reconstruct the Boardwalk from Rehoboth Avenue to Laurel Street and that the State has agreed to pay $248,000 for design services for the Boardwalk.

Boardwalk Committee. Commissioner Mills said the next meeting of the Boardwalk Committee will be on February 5 and that the Committee will proceed with obtaining engineering studies for rebuilding the remaining sections of the Boardwalk.

From today's Cape Gazette:

"Sussex, Rehoboth to study sewer options"

By Ron MacArthur

Sussex County Council and the City of Rehoboth Beach appear ready to join forces for a planning study to better determine potential costs of working together on a land-application sewer project.

Under the proposal, half of the cost of the $73,000 study would be covered by a Delaware Department of Natural Resources and Environmental Control Clean Water Advisory Council grant, with Rehoboth Beach taxpayers covering $22,600 and the county $14,000, based on its 38 percent share of treatment costs at the Rehoboth Beach plant.

Wastewater from the county’s Dewey Beach and Henlopen Acres sewer districts is treated at the Rehoboth Beach plant.

Council approved the study 5-0 at its Tuesday, Jan. 27 meeting. The City of Rehoboth Beach Commission has to vote on the proposal.

The study, to be conducted by consultants Whitman Requardt & Associates and Stearns and Wheler, should be the final piece of the puzzle needed by Rehoboth Beach officials to make a decision on the future of its wastewater treatment. City officials are under a December 2014 federal deadline to stop discharging wastewater into the Lewes-Rehoboth Canal and the Inland Bays.

“This is an important step for us,” Rehoboth Beach Mayor Sam Cooper told council. “The study would evaluate the cost and narrow down the possibilities.”

Cooper said Rehoboth Beach officials are considering two options – land application and ocean outfall. He said the city has recently completed a study detailing the ocean outfall option and the new study would provide the same information about land application, or spray irrigation.

If Rehoboth Beach officials were to consider the land-application option, finding a large parcel for spray irrigation has become a concern, Cooper said.

“We’ve had a problem finding land,” Cooper said, “and the county already owns land.”

Sussex County has proposed to pump Rehoboth Beach wastewater to its Wolfe Neck Regional Wastewater Facility and dispose of treated effluent through spray irrigation or transmit untreated effluent to its Inland Bays Regional Wastewater Facility. The county plans to expand spray irrigation at the Inland Bays plant and recently purchased 1,200 acres for that purpose.

Cooper, who has attended several council meetings over the past year, has been asking for cost estimates, and the study will provide those costs. “The county can come to grips with a pipeline that will be built and how they would share the cost,” he said.

Councilwoman Joan Deaver, D-Rehoboth Beach, said she thought the information being collected was already available or could be ascertained by the county engineering department.

“Why is this necessary?” she asked County Administrator David Baker.

“To more accurately determine costs for the City of Rehoboth,” Baker answered.

“This has been going on forever and forever,” Deaver replied.

In spite of her objections, she voted in favor of proceeding with the study. The county currently has a request for proposals (RFP) advertised to solicit other Rehoboth Beach-county sewer options from private companies. Council President Vance Phillips, R-Laurel, was concerned that the study would interfere with the pending RFP.

Baker assured him it would not. “That is a separate issue and a separate option,” he said. He added any RFP information would be included in the study.

Proposed planning study would provide costs and data

Sussex County Administrator David Baker said the proposed sewer study would evaluate costs and data based on two scenarios:

Untreated wastewater from Rehoboth Beach would be pumped to the Wolfe Neck Regional Wastewater Facility for a combination of treatment and disposal or transmission to the Inland Bays Wastewater Facility.

Treated wastewater from Rehoboth Beach would be pumped to Wolfe Neck for disposal.

The study would include:

• Rehoboth Beach treatment plant operating data from 2006 through 2008 to record average influent and effluent wastewater flow and loading rates.

• Estimates of future Rehoboth Beach wastewater flows and loads.

• Estimated costs of a new force main from the Rehoboth Beach plant to Wolfe Neck and the costs of improvements needed at Wolfe Neck.

• Estimated flow and cost of a pump station and force main based on the flow to be received from Rehoboth at Wolfe Neck.

• Data on spray-irrigation capacity at the Wolfe Neck and Inland Bays facilities, as well as the effect on future expansion.

• Detailed cost analysis for the county and for Rehoboth Beach, including possible reimbursement to the county for land already purchased or the purchase of new land.

As a point of comparison, the capital costs to utilize a private wastewater company – a Nov. 26, 2008 Artesian Wastewater Management proposal – and any responses received by a request for proposal issued by the county during the study period would also be part of the study.

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North end of Boardwalk next up for reconstruction

By Ryan Mavity

The Rehoboth Beach Boardwalk Committee has targeted the north end commercial business area as the next phase of the Boardwalk reconstruction project.

But construction is not likely to get off the ground without some money coming in from the Obama administration’s proposed infrastructure stimulus plan.

Commissioner Stan Mills, chairman of the committee, said he wants to first complete a two-block section from Rehoboth Avenue to Maryland Avenue and then finish the narrow section from Maryland Avenue to the Henlopen Hotel. The city has already begun work on the south end of the Boardwalk from Rehoboth Avenue to Laurel Street, which should be finished by mid-May, Mills said. He said city engineers recommended first doing the commercial areas because they are the most heavily traveled.

Engineer Jack Dolan said, “The area between Rehoboth and Maryland really is in the worst shape.”

The footprint of the Boardwalk will remain the same; the narrow areas will remain narrow and the commercial areas will not be widened. Mills said the city could not go past the Department of Natural Resources and Environmental Control’s building regulation line.

The city cannot build anything from that line to the sea without a permit. In addition, the city cannot encroach on the dunes in any way.

Mayor Sam Cooper said it would not be practical for the city to expand the Boardwalk because of possible storm damage.

“The more we put in harm’s way, the more damage we’re going to have. I think, from my view, if there wasn’t a real compelling reason to make it wider, why have more out there? Because it will be damaged by a storm someday,” Cooper said.

The ongoing first phase was entirely self-funded, but in the first draft of the 2009-10 budget, no money was put aside for the project. The city has requested $8 million in funds from the infrastructure stimulus package being proposed by the incoming Obama administration to finish the project. City Manager Greg Ferrese has said the city could get started on the project within 90 to 120 days from the date of notice to proceed. Ferrese said Phase 1 of the project is on schedule to be completed before summer.

At the committee’s Friday, Jan. 16 meeting, Cooper said the city could save money on construction at the north end by reusing existing pilings, which have been in place since 1992, while most of the Boardwalk understructure dates to the early 1960s. He said the city can design the entire Boardwalk now and then see if funding becomes available.

“If money becomes available we draw a line somewhere and then we have to make the decision which side of the line you’re going to do,” Cooper said.

Mills said if funding did become available for the north end section, the city would look to start in November and end before Memorial Day, as it did for the Rehoboth Avenue-Laurel Street section. That could change depending on where the money comes from.

Cooper said, “Who knows where this stimulus package goes? If we can get enough to do the whole thing, which I don’t think is impossible, if they’re serious about getting started, we may have to cut them loose on the south end sometime in August. If we can get the money, and it’s contingent on us getting started, we have to find a way to get started.”

-----------------

Nancy Martin

www.saveourcityrehoboth.org

January 24, 2009

In yesterday's Cape Gazette:

Nancy Martin

By Ryan Mavity
ryanm@capegazette.com

Despite an uncertain economy, Rehoboth Beach officials have introduced a balanced budget for 2009- 2010. City Manager Greg Ferrese said, “ I prepared this first draft taking into consideration the condition of the economy. It’s a pretty lean budget.”

The proposed budget is $ 14 million, down from last year’s $ 18.1 million. The city expects a decrease in revenues and is cutting capital improvement projects to reduce expenses.

Last year, parking meter rates were raised to as much as $ 1.50 an hour in some places, but parking meter revenue fell short of expectations. While there is nothing as drastic as last year’s parking increases this year, the city is proposing to raise the cost of 275 meters from $ 1 an hour to $ 1.25 an hour. Ferrese said these meters are located on Christian Street, Lake Avenue and in the municipal parking lot adjacent to the Cape Henlopen Senior Center. The city anticipates raising more than $ 23,000 in revenues from these meters.

The city has also proposed increasing fines on 27 separate parking violations, such as blocking driveways, parking at expired meters, permit violations and illegally parking in the post office spaces. Fine increases range from $ 5 for permit violations to doubling fines for violations such as blocking a driveway from $ 25 to $ 50 for a first offense. Others, such as parking in front of a fire hydrant, are increasing from $ 50 to $ 100 for a first offense.

Finally, Ferrese is recommending a $ 20 building permit processing fee, effective April 1. The city estimates from April 1 to March 31, 2009, it will issue 780 permits. The fee would bring in an estimated $ 15,000 in revenue.

At the Jan. 16 budget meeting, Mayor Sam Cooper said the fee would help pay for signs and creating files.

Regarding capital improvements, Ferrese said he told department heads that he would allocate money toward vital requests, but he wanted to hold back on purchasing vehicles or other equipment until after the summer, to see what revenues would be.

Among the capital improvements are a new air conditioner for the convention center, renovations to the Main Street building, and sidewalk and curb improvements at various locations.

The capital improvement budget was reduced from $ 860,000 last year to $ 622,000 this year.

Revenue Ideas

With the Delaware Solid Waste Authority increasing Rehoboth’s cost of its curbside re-cycling program from $ 1 per pickup to $ 3 per pickup, the city has begun looking elsewhere to continue the recycling program.

The city has already begun advertising for bidders. To keep the program free for residents, the city increased its budget toward recycling, going from $ 50,000 to $ 70,000, anticipating that the cost per pickup will double from $ 1 to $ 2. In order to reduce costs, Commissioner Paul Kuhns suggested splitting the costs, with the city paying $ 1 per pickup and citizens paying $ 1, which would be added to the monthly refuse bill.

Commissioners Kathy McGuiness, Dennis Barbour and Pat Coluzzi agreed with the suggestion to pass on some of the costs of recycling to citizens. Coluzzi recommended making the recycling cost a line item on the trash bill. McGuiness said if people know where the money is going, they would be encouraged to re-cycle. “That’s going to make people say, ‘ Gosh, I’m paying for this, I might as well sign up for it,’” she said. Barbour said the money saved could go to the city’s contingency fund in case the economy continues to worsen. “ I think they need to know what this money is going for,” Kuhns said. “ A $ 1 a pickup to save the environment. Even $ 2, I think is pretty cheap.” Cooper said he did not think the trash bill should be raised or that the cost of recycling should be made a line item on the bill. “ I don’t see any need to right now; we raised it last year,” Cooper said. “ I have no problem sending out a notice to every-body in this town saying recycling is free. But I don’t see any need to put it on the bill.”

Transfer taxes down again

For the third straight year, Rehoboth’s transfer tax revenue decreased. For the 2009-2010 budget, the city estimated $ 1.26 million in revenue from the tax, down almost $850,000 from 2006’ s take of $ 2.1 million. Barbour suggested Ferrese lower that figure after Ferrese said the city had only taken in $ 55,000 and $ 75,000 the last two months, below Ferrese’s budgeted monthly average of $ 100,000. “ We need to be prepared in a worst-case scenario,” Barbour said. Kuhns suggested assessing a 50 percent increase in city taxes every time a house is sold. “ For example, if someone is paying $ 300 a year right now, and they sell their house tomorrow, the next owner of the house pays $ 450,” Kuhns said. Cooper said he did not disagree with the idea but did not know how it would fly legally. Kuhns acknowledged that the idea would have to be worked out legally, but, he said, this could be a way for the city to help make up for lost transfer-tax revenue without undergoing a city­ or-county- wide reassessment.

In anticipation of an increase in user rates for wastewater disposal, Kuhns suggested a yearly increase in water rates. He said this will help slowly transition customers from paying $ 350, as they do now, to paying as much as $ 1,100 when the city goes to whatever its new wastewater disposal alternative is in 2014. State officials and city engineers estimated user rates of about $ 1,100, although Cooper says this number has been overstated. Kuhns said rates are going to go up, so the city should ease the transition to higher rates to prevent a drastic, one-year jump. The money collected would help pay for the city’s loan for the estimated $ 36 million project. “ I think we’ve got to seriously consider what we are going to do with wastewater. This is a way to take a step- by- step approach to doing it, rather than hitting everyone at the last minute. We don’t have all the numbers in, but I think this is something that should be put into the capital plan,” Kuhns said. “ If we don’t start thinking about this, in 2014 when we’ve got to do it, where are we going to come up with the money?” With all the talk about falling revenues, increased taxes and a failing economy, Barbour quipped, “ Well this is all very encouraging.”

------------------------------

BUDGET MEETING SCHEDULE
The next Rehoboth Beach budget meeting is at 9 a. m., Saturday, Feb. 7, in the city commissioners’ room. The public is invited to attend. Future budget meetings have been tentatively scheduled for noon, Tuesday, Feb. 17, and at 9 a. m., Friday, Feb. 27. The commissioners must adopt the budget by March 31. The 2009- 10 budget will go into effect April 1.

--------------------------------

Rehoboth asks for $ 8 million for Boardwalk
By Ryan Mavity
ryanm@capegazette.com

With the Obama administration looking to jump-start the U. S. economy through an infrastructure stimulus package, Sussex County towns are answering the call and submitting projects to use the funds.Rehoboth Beach is requesting about $ 10.5 million for three projects: Completing Boardwalk re-construction – $ 8 million New public works building – $ 1.5 to $ 1.8 million Road and sewer improvements – $ 1 million. City Manager Greg Ferrese said the city could start these projects in 90 to 120 days from the date of a notice to proceed.

That ruled out projects such as a new police station, Ferrese said, because the city would not be ready to start that immediately. The five- phase Boardwalk project is in Phase 1, a section from Rehoboth Avenue to Laurel Street. Phase 1 costs an estimated $ 2 million but funding for future phases is uncertain. The total project has been estimated at $ 8 million to $ 10 million. “ The Boardwalk is the bread and butter of our business district and the city,” Ferrese said.

Ferrese said the public works department needs a new building and the city also hopes to rehabilitate roads and sewers and bring sidewalks into compliance with the Americans with Disabilities Act. Mayor Sam Cooper said a new public works building has been in the works for some time. The city had budgeted $ 50,000 this year but eventually put that money toward Phase 1 of the Boardwalk project.

Cooper said the city has already talked to the federal government about assistance on that project and thinks the city could have design plans in place for the rest of the structure within 45 days. He said the city’s design for Phase 1 of the project should be easy to replicate for the remaining phases.

Henlopen Acres Town Manager Thomas Roth said the town is requesting $ 925,000 for three in-frastructure projects: street resurfacing – $ 500,000; town hall expansion – $ 250,000; and marina dredging – $ 175,000 The street resurfacing project is already under way with Phase 1 of a proposed five- phase project that will resurface all Henlopen Acres roads. Roth said a potential expansion of Town Hall is planned down the road, but the town is looking to get preliminary design work done to see how feasible it may be to expand the current facility. As for marina dredging, Roth said the town is anticipating the need for it soon, although no engineering work has been done so far. The town has dredged the marina twice before. Roth said the town was re-quested by the county to submit projects for the potential stimulus package.

January 24, 2009

In yesterday's Cape Gazette:

Nancy Martin

John Hughes reflects on DNREC career By Leah Hoenen
leah@capegazette.com

John Hughes says his successor will face the same balancing act between environmentalism and economics that he has faced, but will have a more difficult time making progress because of the recession. Hughes has stepped down from his position as the state’s top environmentalist. He said in his six years at the helm, the Department of Natural Resources and Environmental Control ( DNREC) made important strides to protect the state’s natural resources, yet work re-mains to be done.

“ You can clean the air and clean the water, but if you don’t have any wild Delaware left, no land for it to interact with, you’ll have won a series of battles and lost a major war,” Hughes said. The state has done a tremendous job acquiring tracts of land, preserving them from developers who had more money than the department had, Hughes said, but the state must continue to purchase more land. Hughes calls land protection the core environmental problem. It will be the challenge of the in-coming secretary to protect land within a shrinking budget. The contradiction, or what Hughes calls the shame of the budget dilemma, is that the state has fewer dollars to purchase land just at the time when land is cheaper to acquire.

“ It is one of the toughest jobs in Delaware, because you work in a goldfish bowl. Industry is dependent upon your under-standing of their capability to clean themselves up, and environmental activists want you to take a strong position,” said the Georgetown University alum during a recent interview at his Rehoboth Beach home. Protecting the environment protects some of Delaware’s economic assets, and the job is not without its trials. Hughes said he made the best decisions he could, but he recognizes that doesn’t mean he always made the right decisions, citing a permit for a type of scrubber on a New Castle County facility that was not the best option available.

He said he thinks he has been a good negotiator for the state, dealing with people, not companies. “ You can’t be a good negotiator with an inflexible stance,” he said. That may have earned some of his decisions scorn from environmentalists, but he says Delaware environmental officials are ferocious regulators.

He’s proud of the residents of Sussex County for standing up in favor of the Bluewater Wind project, which he says would have been inconceivable ten years ago. He said he hopes Delaware will become the center of wind energy construction for the Atlantic seaboard.

Improvements at refinery

When Gov. Ruth Ann Minner appointed Hughes, she gave him a set of goals, including to complete the multi- million- dollar Indian River Marina, one of the country’s premier facilities. He said now he hopes the marina can survive the recession. Hughes also set the department’s sights on the Delaware City Refinery, which processes high- sulfur sour crude oil. “ It is one of the country’s largest re-fineries; it’s of vital importance. If Delaware City goes down, it’s just a matter of time before vast economic repercussions come to all of us,” he said.

Although essential, the plant was also extremely dirty. The last six years mark the greatest improvement in the facility, which Hughes said now emits less than 10 percent of the traditional pollutants, other than carbon dioxide. Good work, he said, but cleanup isn’t over yet.

Ban once- through cooling

“ I’d like to see them get out of once- through cooling. I think that’s a medieval procedure; it’s very destructive to smaller forms of life,” he said. Once- through cooling in industrial centers draws in water, and whatever small animals are in it, and cycles it through the plant to cool equipment. Fish and crabs are crushed or boiled, and wildlife that gets stuck against intake screens often suffocates. Hughes said he’s most concerned about once- through cooling systems at Indian River power plant because its negative effects are much more concentrated in the small Inland Bays ecosystem than are the effects of Delaware City on the Delaware River ecosystem. “ My opinion is all once-through cooling should be banned, but we have to have some sense of pace – we have to set goals and work by a benefit/ cost analysis,” he said.

That means regulators have to make tough decisions – what needs to be addressed first – fly ash, air emissions or cooling water? They can’t all be fixed at once, he said.

Another success for Delaware was blocking a plan by British Petroleum to install docks at Crown Landing for transporting liquefied natural gas to New Jersey from Venezuela. Hughes said the department also blocked a plan to transport neutralized nerve gas from the Midwest to New Jersey, where it would be treated and discharged into the Delaware Bay. He said the scheme was shaky, and the chance of human error was too big a risk to take.

Premcor is in at Delaware City for the long haul, said Hughes, and committed to improving the facility. “ They’re not environ-mental champions, they’re oil refiners. But, they are far more responsible than previous owners,” he said. He analyzes power plants this way: the owners who come and go are like people who rent cars – they often don’t care much about the vehicle and will ignore many of its problems. Those owners are reluctant to invest real money into a facility without being forced to do so. Regulators have to walk a tightrope requiring power facilities to clean up. The facilities have to be making money in order to spend it. “ It’s hard to get capital improvements out of people who are going broke,” he said. State officials have to judge how much money they can get from a company for a certain project, and they have to prioritize problems. “ You can’t run them out of business; that would invite a whole suite of problems,” he said. Energy is needed every-where, he said on a cold January day, pointing out all the heaters in southern Delaware were likely on at full tilt. That is no excuse for a laissez- faire attitude, especially for a factory in the Inland Bays.

“ A coal- based plant is inherently dangerous, and it’s hard to clean up an old one,” he said. The Indian River power plant owned by NRG Energy was burning dirty coal in a dirty way, he said. The company has made significant improvements on its air emissions, including recent mercury- control technology, but there remains a lot of cleanup work to be done, he said.

The state’s multi- pollutant regulations are some of the toughest in the country, said Hughes, and he’s proud of that achievement. Hughes calls the Inland Bays an environmental paradise, the golden goose of Sussex County’s tourist economy.

“ I lived in Chevy Chase and spent my summers in Rehoboth. My earliest memories in life are here,” said Hughes. The former Rehoboth Beach mayor and city commissioner calls the Inland Bays a paradise that is the prime economic draw for the area. The Inland Bays have changed since the days of Hughes’s youth, when locals freely took advantage of the watershed’s bounty, harvesting crabs and fish that were there for the taking.

DNREC spent 10 years formulating a pollution control strategy to protect them from further harm and allow them to begin to repair themselves. Hughes proudly signed the pollution control strategy in October, but it was quickly challenged in court by Sussex County and a group of private landowners. Hughes calls the move “ environmental madness.” He said he had the authority to promulgate the regulations, which is the crux of the pending litigation. “ Certain freedoms have to be lost if you want to sit on the edge of the marsh to watch the water, and I say I need a buffer,” he said.

The state’s authority to act is critically important to protect a fragile resource, he said. The federal Clean Water Act man-dates waterways in degraded condition be restored to meet fishable and swimmable water standards. It is not a flexible standard, Hughes said. The state charged headlong into plans to correct the nutrient pollution that decreases water quality, but there aren’t a lot of tools available to fix such a problem, he said. Plans have been met with resistance from several camps along the way.

Buffers are recognized as the single, most effective way to combat nutrient pollution, and were touted as such by the Center for the Inland Bays as well as DNREC scientists. “ If we were defeated, it simply means to achieve Clean Water Act mandates, we go from cheaper buffer strips to much more expensive measures, as much as treating rainwater as if it was sewage. That’s the foolishness,” Hughes said, of the two pending lawsuits.

He said he sees a new population moving into Sussex County that wants to protect the environmental assets it came here for. Sussex County’s rich farm land isn’t what draws people to the area, said Hughes: it’s the bays. He said developers are beginning to be interested in spending more money on environmentally sound developments, and more homeowners want so- called green homes.

The state has a program in the works, which Hughes set in motion, to allow developers expedited processing for projects that meet certain environmental standards.

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Hughes speaks out on beach nourishment

John Hughes’s first job with the Department of Natural Re-sources and Environmental Control was running the dredging section, which later encompassed beach nourishment projects. Working as a dredger was not Hughes’ original career plan. He planned to teach school in the area and purchase Pier Point Marina for summer work, but the deal fell through.

In Rehoboth in March and unemployed, he became an equipment operator, eventually becoming a dredge operator. When the Department of Natural Resources and Environmental Control ( DNREC) dredging program began, he was hired to run it. The first project was Love Creek. Hughes said the work was brutally hard and dangerous, but he enjoyed it.

Later, the state began to replenish eroding beaches, and the dredging section managed that work. Along with beach nourishment and replenishment, Hughes said, “ I think it was really important to hold the line on beach access.” People were trying to close beaches to the public, which, Hughes said, was detrimental to an economic asset. “ People are attracted to the ambiance here. People come to the area and may never go to the beaches, but they wouldn’t come here if there was no beach,” he said. Beach nourishment is an economically viable project that costs less than it brings in. Hughes said he is proud that nourishment projects have kept Delaware’s coasts covered with wide swaths of sand for summer recreation. He cites last year’s Mother’s Day storm which ravaged beaches, yet, he said, the sand returned by Memorial Day. But ultimately, it is a losing battle. “ The beaches are rolling back to the west,” he said, and sea level rise won’t help matters any.

… and on farmers

Hughes was appointed director of the soil and water section, which sought to revamp old projects, including drainage. While farming would not have been feasible without drainage or tax ditches, “ It’s environmentally dangerous. It was wrong,” said Hughes. He said he found an opportunity to retune the drainage program and add stream functions to linear ditches carved across the state. Rocks and dams were added for aeration, in a project an Environmental Protection Agency scientist hailed as one of the best in the nation. “ It took us 200 years to drain Delaware, and it will take decades to restore it,” he said.

Hughes said he is proud of the conservation districts and their outreach work. “ They have helped bring Delaware agriculture into the 21st century,” he said. Delaware agriculture’s efforts on the Nutrient Management Act, which have successfully balanced agricultural nutrients to reduce runoff into waterways, are another point of pride. Hughes said it’s a groundbreaking law, and farmers were involved in crafting the rules from the beginning. The law does not permit anonymous complaints, and when complaints against a farm are voiced, farmers are the judges of the accused.

“ Farmers are considered slow to change, but they are not so much slow to change as demanding of proof. They want a reason – because it’s right, because it produces results, because it is beneficial. Delaware farmers stepped right up to the plate. They are environmental heroes, in my book,” said Hughes.

January 11, 2009

Four things:

l. Note that audio recordings of the full city commissioners’ meetings are placed on the www.saveourcityrehoboth.org website immediately after the city commission meeting takes place. Summaries of what happened at these meetings are mailed in the periodic newsletter. Agendas

2. Note two Coast Press articles: “Wastewater program’s future uncertain” and “Walkway repair proposed in Rehoboth Beach.”

3. Note letter from Paul Kuhns of the Rehoboth Beach Historic Society noting the proposal for a city dock to be constructed at the site of the Historic Society museum at Grove Park.

4. Note the invitation from Historic Sussex to a meeting in Georgetown January 21. The focus will be on historic preservation measures and museum activities.

All below:

Nancy Martin

January 8, 2009, Delaware Coast Press

Wastewater program's future uncertain

By Kristen Smith
Staff Writer

REHOBOTH BEACH -- The future of the city's wastewater disposal remains uncertain pending further cost-related information from County Council, officials said.

Commissioner Stan Mills said he and other city officials have been working closely with the county to develop and finalize a contract to hire an engineering firm. That firm, he said, would determine the feasibility of sending wastewater to the county facility for treatment. The issue, which was discussed at Monday's City Council meeting, was tabled until final pricing details can be obtained.

"It might not be until April that we'll actually be getting into the fine analysis of both options, including what it will cost users," he said.

Currently, wastewater from the Rehoboth area is pumped into the Lewes & Rehoboth Canal, which empties into Rehoboth Bay. The sooner the city can prevent wastewater from being pumped into that waterway, the sooner the levels of nitrogen and phosphorus in the Inland Bays' ecosystem would cease to exist.

Resident Jen Hopkins was surprised to hear the project's status hasn't changed.

"I was under the impression this was a top priority for all agencies (involved)," she said. "We as residents want to know what's going to happen and how it will affect us, our tax dollars, and our living conditions. I'm not sure I like the idea of spray (irrigation). It doesn't seem clean to me."

Terry Deputy and Bob Stickels of the state's Clean Water Advisory Council, an offshoot of the state Department of Natural Resources and Environmental Control, said the Rehoboth wastewater project is a top priority for the County Council. The council, they said, could provide a 20-year loan to the city to cover the entire cost. A federal 40-year loan, which would only pay for half of the project, is also a possibility.

"We're hopeful we can push through with that," Commissioner Pat Coluzzi said. "As soon as we get the numbers from all parties, I'm sure we can make a decision and move forward."

At a recent meeting where city officials gathered to discuss their options, Lori Marmante, a science professor at Delaware Technical & Community College, spoke out claiming germs could still exist in the city's water supply regardless of the treatment method selected.

For the past several months, city officials have been soliciting public feedback in an attempt to decide on a new discharge method. The ocean outfall method would pump the city's treated effluent 6,000 feet from the shore, diluting the water as it is released. Land-based spray irrigation would pump treated effluent from inland wastewater treatment plants to area farms.

In September 2009, the council is expected to submit an action plan for permitting -- a process that could take 12 months to complete. The overall project design is slated for completion in June 2011.

---------------------------

From delmarvanow.com:

Walkway repair proposed in Rehoboth Beach

by Kristen Smith, Staff writer

REHOBOTH BEACH: While there are only a handful of gaps in the city’s sidewalks, officials worry the dilapidated walkways pose safety issues for beachgoers who are forced to walk in the streets during the busy season.

To improve conditions, the town is organizing a public hearing to discuss funding and solid resident feedback.

While most residents are happy the issue is being addressed, some worry they will be forced to foot the bill.

"It's important to include residents in matters like this," said Meredith Baker of Rehoboth Beach. "After all, we're the taxpayers and have the right to know how much additional money the city will be charging for repairs like these."

The issue was first addressed in 2004 as part of the city's Comprehensive Development Plan. Last month, officials compiled a list of sidewalks in need of repair. The city manager, along with members of the Building & Licensing Committee, is now tasked with reviewing the list before officially presenting it to commissioners at the town's Jan. 20 meeting.

Then, city officials will consider building new sidewalks where they don't currently exist, such as a 10-foot section of Lake Avenue behind Catcher's Restaurant. Other areas in need of sidewalks are Sussex Street, Olive Avenue and State Road. Currently, there are no plans to put sidewalks on Columbia or Henlopen avenues, officials said.

Commissioner Stan Mills says the city is considering forcing property owners who do not have sidewalks to build a concrete walkway, creating a continuous path with adjacent sidewalks. While the City Code requires continuous sidewalks through residential areas, he said a public hearing would likely take place in March prior to any vote.

But with this potential reconstruction comes the need for defining a sidewalk.

"This ordinance clarifies that certain hard surfaces that appear to be sidewalks in the traditional sense, for example, the concrete or paved areas surrounding a swimming pool are not considered a sidewalk and thus are not exempt from lot coverage restrictions," Mills said. "This has been a gray area for our Building & Licensing Department which asked for this clarification. It serves the property owners and our enforcement agencies best when our codes have few if any ambiguities."

Shelly Morgan, a part-time Rehoboth Beach resident, said she thinks sidewalk repairs are a good idea.

"Anything that makes our city more attractive to tourists, I'm all for," she said. "Tourists are our bread and butter."

ksmith@dmg.gannett.com

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Interesting prospect for City dock at canal at Grove Park. Note letter from Paul Kuhns in Cape Gazette:

1/9/09

RBHS would welcome boat dock partners

It was my pleasure to see the news articles, letters and editorial in the Cape Gazette, which all expressed interest in having a boat dock on the canal in Rehoboth Beach. The Rehoboth Beach Historical Society shares this interest and, in partnership with the city of Rehoboth Beach, has an active project with one of the stated goals being to install a dock on the canal, adjacent to the Rehoboth Beach Museum at 511 Rehoboth Ave. The historical society initiated discussions with the U.S. Army Corps of Engineers concerning this project early in 2003. We were granted a 25-year lease on Nov. 21, 2005, for .43 acres of land bordering the canal on the west side, The Grove Park on the north side, Rehoboth Avenue on the south side and the Old Ice House property (which is owned by the city of Rehoboth Beach) on the east side. The project was originally broken into three phases. Phase I included landscaping the upper level from the east border to the top of the embankment. Phase II will clean up and landscape the embankment with an overlook at the foundation of the old railroad bridge, and Phase III will provide the access to the canal and the dock. Phase I was completed in late 2007. Phase II is on schedule to be completed this year. Phase III has been conceptually designed and documented to the Corps of Engineers and in several grant applications, but the final design has not been approved and documented. Funding for Phases I and II was obtained with grants from both the Delaware Department of Parks and Recreation and the Delaware Department of Transportation. The society would welcome more partners on this project.

Paul Kuhns
president
Rehoboth Beach Historical Society

---------------------------------------

Invitation to meeting for Historic Sussex:

WHEN: Wednesday, January 21, 2009 - 10:00 AM to Noon

WHERE: MARVEL CARRIAGE MUSEUM
510 South Bedford Street, Georgetown

WHY: 1. Meet David Scott, new Executive Director of Preservation Delaware, Inc.

2. Hear from Scott Thomas, Director of Southern Delaware Tourism about new initiatives

3. Report by Mike DiPaolo, Lewes Historical Society and VP for Downstate Outreach of Preservation Delaware - policies and updates of the Delaware Museum Association

4. Reports from those in attendance about historic preservation and museum activities in Sussex communities

5. Possible Preservation Delaware field services initiative and what it might mean for Sussex County

6. Reorganization and next steps for Historic Sussex

With questions or comments, contact Dan Costello at Danofbethany@aol.com or Mike DiPaolo at Mike@historiclewes.org

January 7, 2009

Covered at Monday's City Commissioners' meeting:

Wastewater Disposal: The City Commissioners continued to discuss alternatives. The City will meet with representatives from Sussex County to discuss a joint venture and then decide whether a joint venture would be beneficial to the city.

Sidewalks: The City Commissioners continued to discuss resolving the problem of discontinuous sidewalks. A public hearing will be held to discuss whether sidewalks should be installed and whether the City or the property owner should bear the cost. A contract was awarded for construction of Americans for Disability Act-compliant curb ramps at six intersections along First Street from Maryland Avenue to Philadelphia Avenue.

Tree Ordinance: Commissioner Barbour presented proposed revisions to the Tree Ordinance which incorporated suggestions from the Building Inspector and Bryan Hall of the State Forestry Service. It was agreed to continue the discussion at the next Workshop Meeting (February 2).

Site Plan Review: The City Commissioners discussed the proposed ordinance for Site Plan Review. Site Plan Review for large scale projects is called for by the Comprehensive Development Plan. The proposal was drafted by the Planning Commission. The discussion will continue at the next Workshop Meeting (February 2).

City Budget: The City Manager stated that revenues are down and the 2009-10 budget will be tight. The first Budget Meeting will be held on Friday, January 16, 2009, at 9 a.m. In light of the Delaware State Waste Authority’s notice that it will triple its fees for curbside collection, the City is exploring other options for recycling. Currently, there is no charge for the weekly service to the residents.

Nancy Martin

December 5, 2008

The attack on Mayor Cooper by Ron Paterson, who lost his commission seat in the August 2008 election, as the letter appeared in the November 28 Cape Gazette:

Former Rehoboth commissioner blasts Sam
Whether or not you supported Barack Obama in the recent election, I believe most of you would agree that the course of his post-election activity has been good for the country. Specifically, I am referring to President-elect Obama's reaching out to confer and work with those who did not support his election effort, but who have the skills, interest and desire to contribute to the nation's well-being. The president-elect understands a basic rule of politics, that when the campaign is over, personal agendas should not interfere with the effective administration of the one elected. After all, an elected official should work to do the best job for all the people represented. How different that national picture is from what we see currently happening in Rehoboth Beach.

Mayor Sam Cooper was elected in August campaigning on a promise that he would be the mayor for all the people as stated on his political signs and advertising. It became painfully clear when the city board and committee assignments were announced by the mayor at a meeting on Nov. 17 that such inclusiveness was not to be.

The mayor submitted a list of individuals to serve the city that was made up of his political friends and, in one case, a relative. Some appointments were made of individuals who did not go through the established city policies for appointment even though the mayor had previously voted to establish those policies. At the same time, individuals currently serving on those bodies who did not actively or financially support the mayor's re-election campaign were removed without any prior notification or explanation as to why such action was being taken. In one case, an entire committee was eliminated.

When the mayor was asked for a rationale for what he was doing, he gave two or three excuses for his actions, but not a single reason given was accurate or truthful. Most disturbing is how the mayor could wipe out an entire committee established by a legal vote of the commissioners simply by his whim instead of a legal vote of the people's elected legislative body that had established that committee in the first place. It should be noted that such authority to act as the mayor has done in this process is not given to him in either the city charter or code that he has sworn to uphold.

Unfortunately, compliance to the oath of office that the mayor has taken is not happening, as shown by his questionable actions. It has been shown by history that power often corrupts, and absolute power can corrupt absolutely. When elected leaders exercise power that is not even given to them, the citizens are always the losers. Citizens who are concerned about the welfare of Rehoboth Beach need to ask for responsible leadership instead of retaliatory politics from their mayor. Anything less is unworthy of respect and support for our city leadership, and in the long run will be harmful to everyone in our city. Ron Paterson
Rehoboth Beach

------------------------

The response by Joyce Lussier:

A Response to the Attacks on Mayor Cooper and the Commissioners:
I am writing in response to former Rehoboth Beach Commissioner Ron Paterson’s letter of November 28:

In his letter, Mr. Paterson says that Mayor Cooper “submitted a list of individuals to serve the city that was made up of his political friends and, in one case, a “relative” – and that “individuals currently serving on [various City] bodies who did not actively or financially support the Mayor’s re-election campaign were removed ….”. The facts suggest otherwise. Mayor Cooper DID appoint several persons who did NOT “actively or financially SUPPORT” his re-election (whether they opposed him and supported his opponent is unknown) – for example, Linda Kaufman who is on the Parking Advisory Committee. But, in fact – and contrary to Paterson’s assertions– Mayor Cooper went even further by appointing several persons who actively and financially OPPOSED his re-election and campaigned publicly for his opponent Paul Kuhns. In fact, the Mayor even re-appointed Paul Kuhns himself as chairman of two committees. Other examples include, Marcia Maldeis’ appointment to the Animal Issues Committee even though both she and her husband, City Commissioner Stan Mills, were among the strongest opponents of Mayor Cooper’s re-election. Other opponents of Mayor Cooper’s re-election were not removed from their Committees and/or were re-appointed by the Mayor – for example, Jay Legree on the Audit Committee and Hoyte Decker on the Communications Committee. As for Mayor Cooper’s appointment of a “relative”, he openly announced that one of his appointments to the City Hall Complex Master Plan Task Force, Ken Simpler, is his cousin. This information was given freely to the Commissioners, in spite of the fact that then Commissioner Ron Paterson, Commissioner Paul Kuhns and Commissioner Stan Mills had previously voted against the necessity of this kind of disclosure. Mr. Simpler is only one of nine members of that Task Force, which has no authority at all other than to make recommendations. It should also be noted that Mayor Cooper appointed Commissioner Stan Mills to that same Task Force, even though Mr. Mills was one of the Mayor’s strongest critics during the election campaign. In short, Mr. Paterson’s efforts to paint his own non-appointment to any City committee, board or commission as part of an alleged effort by Mayor Cooper to award only his supporters and to punish his opponents is not substantiated by the facts.

Mr. Paterson says that the Mayor “wiped out an entire committee established by a legal vote of the commissioners”, and he claims that neither the City Charter nor the City Code give the Mayor such authority. What he does not say is that Mayor Cooper, believing this committee was unnecessary, determined not to make any appointments to it – effectively allowing it to be eliminated. But the City Commissioners had an open discussion at their public meeting regarding this committee, and not a single City Commissioner made a motion to continue this committee, nor did the City Commissioners vote to insist that the Mayor make appointments to it, as they clearly had power to do. The City Solicitor did not object to this action. Further, this committee – which was the Charter & Ordinance Review Committee – is NOT a committee provided for in the City Charter or City Code, and it exists only to the extent that the City Commissioners want it to function and the Mayor makes appointments to it. And the functions of this Committee – to examine possible changes in the City Charter or City Code – are also being performed by many, many other committees and commissions that exist to focus on specific parts of the City Charter and City Code. Mr. Paterson did not state that he had been a member of this committee and thus, may have had a vested interest in its continuance.

Mayor Cooper won a decisive victory in August due mainly to the fact that his campaign and his tenure in office were devoted to fiscal responsibility. I, for one, am thankful that the Commissioners, Mr. Paterson among them, who were supporting a platform of “Build, Baby, Build” and tax to do it, were unsuccessful. Rehoboth Beach has not gone the way of many other small towns during this recession and that is due to the vision and determination of Mayor Cooper and the Commissioners who did not allow themselves to be caught up in the web of promoting projects to be funded later by the citizens.

There is much work to be done to maintain our City during this period in which there are so many challenges. I agree, of course, that the Obama principle of diverse interests working together is essential but it is my feeling that the Mayor did appoint a diverse group of citizens with the common trait of being willing to constructively get down to work together, just like Obama. The election is over, the residents have spoken and it is my hope that citizens and Commissioners alike will put the good of the City and its residents first and not spend time and effort in attacks and destruction.

Joyce Lussier
Rehoboth Beach

----------------------------

The response by Violet Chilcoat:

Paterson’s letter deserves praise
I want to thank Ron Paterson for sharing his in-depth knowledge of the internal workings of Rehoboth Beach in his letter to the Cape Gazette in last Friday’s paper. As a city commissioner he was always honest, timely and thorough in response to my questions. He served for seven years as member of the planning commission, four of those as chairman. The fact that he brought none of the behaviors (which are not new) mentioned in his letter out in the recent election demonstrates his integrity as a human being.

His letter is not a case of sour grapes. We all should be concerned when established policies are violated and cronyism becomes the sole criterion for appointment to city committees.

In Ron’s concession speech he openly asked to continue to serve the city. I was hopeful when I saw the photograph of a smiling Mayor Cooper in the Sept. 9 issue of the Cape Gazette, shaking Ron’s hand and saying, “Thank you for your service and I hope you stay involved,” as he handed him an award in recognition of Ron’s service to the city.

Violet Chilcoat
Rehoboth Beach

December 2, 2008

Again, citizens of Rehoboth Beach are continually severely affected by actions of the Sussex County Council covering its land just outside Rehoboth Beach borders (the canal). Individual citizens can make a difference if they are willing to speak up now by writing to the Governor-elect Jack Markell transition team. Look to www.markelltransition.com/contact.html and send in your personal views through the email system the transition team has provided on this site.

This important information from Mable Granke:

Re: Needed attention concerning the certified Sussex County Land Use Plan:

Citizens of the entire county, particularly Coastal Sussex County and the municipalities, all need to know what policies and action is possible with certification of the Sussex County Land Use Plan and the County Council's penchant to approve development to the detriment of all us citizens. The Sussex County Land Use Plan is flawed and potentially harmful.

l. Overall, the persistent retention of Agricultural-Residential Zoning - 1 permitting two dwelling units per acre with possibly even greater density. Two important studies by the University of Delaware and recently the Delmarva Atlantic Watershed Network (known as DAWN) point out in detail the potential of a population of two million if AR-1 zoning is retained "sprawled" across Sussex County resulting in "ten times its current population of 184,000. At its current rate, Sussex County will lost close to 80 per cent of its forest land, 80 per cent of its agricultural land, and we are looking at a fourfold increase of nutrients over much of the western and northern parts of Sussex County." Add to this, we currently do not have the needed infrastructure (fire, police, emergency response, water quality, sewer capacity, transportation, and schools), all of which must be taken into consideration when further developments are up for approval.

2. Specifically for Rehoboth Beach and all towns, the Land Use Element of the Sussex County Land Use Plan establishes the policy of significant growth around the town centers. In the Mobility Element there is proposed planning by sub-areas. The Route One corridor is not included and must be. Delaware Department of Transportation (DelDot) proposes to add a third lane from County Bank intersection to Bay Vista Road, causing merging into a two-lane bridge. This plan impacts the main entrance into Rehoboth Beach. In addition, there are other multiple proposals from Five Points to Dewey Beach, with no apparent coordination with either impacted towns or other projects.

----------------

What can citizens do about this? Look to www.sussexcountyde.gov and click on the link at the right: comprehensive plan. Consider the points laid out above. Write to Governor Jack Markell's transition team expressing your views by using the www.markelltransition.com/contact.html website email form.

Nancy Martin

November 21, 2008

News from Monday's commissioners' meeting:

The City's Information Technology Department will be moving into the new building on Rehoboth Avenue. This move will give the City's fastest-growing department much needed space in an up-to-date facility. Main Street, which was to have moved into that space on Rehoboth Avenue, will stay in the historic cottage just behind City Hall. City Manager Greg Ferrese, who coordinated the move, has promised money in the 2009 budget to refurbish Main Street's building, which is owned by the City and given rent free to Main Street. Information Technology's move will also free up office space in City Hall for the use of other City workers.

Announcement of City appointments:

The Mayor appointed the following people to the City's commissions, boards, committees, task forces, liaisons. The Commissioners confirmed the Mayor's appointments.

Although Commissioner Stan Mills and Commissioner Paul Kuhns voted against confirming the slate for the Board of Adjustment, they were overruled with a five-to-two vote.

Commissioner Paul Kuhns cast the only vote against the make-up of the City Hall Complex Master Plan Task Force. Commissioner Stan Mills abstained from this vote.

At the October 20 commissioners' meeting, Commissioners Kuhns and Mills voted against the Planning Commission appointments.

The appointments:

Assessment Board: Roger Pool (hold over), Linda Kauffman (hold over), one vacancy.

Audit Committee: Donald Derrickson, Chairperson, Jack Hyde, Jay Lagree.

Board of Adjustment: Tom Evans (one year; hold over), Cliff Hilderly (three years), Myra Kelley (three years), Paul Flexer (two years, hold over), Bill Sargent (two years, hold over).

Election Board: Al Morris (two years, chairperson, hold over), Ned Kesmodel (one year, hold over), Lee Ardis (three years).

Election Officials: Wayne Steele, Inspector; Steve Elkins, Judge; Nancy Meadows, Judge; Donna Moore (ex officio member).

Parks and Shade Tree Commission: Priscilla Smith, Chairperson (two years), Edwina Macadam (one year), Jane Wyatt (one year), Marcia Maldeis, Ned Kesmodel.

Planning Commission: David Mellen (two years, hold over), Jan Konesey (one year, hold over), Nancy Meadows (one year, hold over), Tim Spies (one year, hold over), Preston Littleton (three years), Harvey Shulman (three years), Patrick Gossett (three years).

Animal Issues Committee: Paul Kuhns, Chairperson; Bob Harrison; Marcia Maldeis; Jan O'Donnell.

Bandstand, Convention Hall, Special Events Committee: Kathy McGuiness, Chairperson; Pat Coluzzi; Carol Everhart; Dennis Santangini; Spencer Derrickson; Fay Jacobs; Donna White; Chuck Snyder (ex officio member); Corey Groll (ex officio member).

Boardwalk Committee: Stan Mills, Chairperson; Kathy McGuiness; Sam Cooper; Bill Bahan; Mark Henschke; Mauria Stein.

Budget and Finance Committee: Board of Commissioners.

City Hall Complex Master Plan Task Force: Sam Cooper, Chairperson; Pat Coluzzi; Stan Mills; Jim Ellison; Jim Horty; Ken Simpler; Greg Ferrese; Keith Banks; Dawn Lynch.

Communications Committee: Pat Coluzzi, Chairperson; Stan Mills; Dorothy Cirelli; Hoyte Decker.

Parking Advisory Committee: Dennis Barbour, Chairperson; Don Derrickson; Dale Lomas; Carol Hehir; John Gauger; Linda Kauffman; June Embert (ex officio member); Skip Millman (ex officio member).

Personnel Committee: Kathy McGuiness, Chairperson; Dennis Barbour; Lorraine Zellers.

Street and Light Committee: Paul Kuhns, Chairperson; Stan Mills; Robert Derrickson; Kathy Osterholm; Norman Sugrue; Harvey Waltersdorf; Mel Craig (ex officio member).

Commission Liaison to Chamber of Commerce: Sam Cooper.

Rehoboth Beach Historical Society Board: Paul Kuhns.

Commission Liaison to Main Street: Kathy McGuiness.

Cape Henlopen Senior Center Board: Sam Cooper.

October 11, 2008

Please look to www.saveourcityrehoboth.org to listen to full recordings of all commissioners' workshops and regular meetings posted immediately after the meeting.

In Thursday's Coast Press:
REHOBOTH BEACH -- Who would control the wastewater rates if the city or a private firm was in charge of the system?

That was the question posed by many residents at a recent meeting where the city's effluent-disposal methods were discussed.

Kevin Neilson, chief engineer for the Delaware Public Service Commission -- the body that controls Delaware's utility rates -- said as long as Rehoboth continues to own the system, it would determine the rates.

"If the customers are the city's, we would not be involved," he said, noting that the PSC would only step in if the system were turned over to a private entity, such as Tidewater Utilities or Artesian Water Co.

The city is under court order to stop discharging treated wastewater into the Lewes & Rehoboth Canal by Dec. 31, 2014. The city has two options: A system that discharges treated wastewater into the ocean or a system in which the treated wastewater is sprayed on the land. The estimated cost of the two proposals range from $36 million for an ocean outfall that would serve only Rehoboth Beach to county-city partnership that could include a $61 million spray-irrigation system or a $66 million regional ocean outfall.

One drawback of the land application proposal is the availability of nearby land. The city's consulting engineer estimates that 740 acres are needed for the treatment facility and spray fields. When the consultant went looking for sellers, he said few were willing to deal with the city.

City officials are seeking proposals from companies that want to provide land-based, spray-irrigation treatment for the city for a fee. Among those interested in the job are Artesian and Tidewater, two private utilities that have launched wastewater-treatment businesses.

A public hearing has been scheduled for 9 a.m. Saturday, Nov. 1, at the Rehoboth Fire Hall, to inform the public of the city's options.

Mayor Sam Cooper said he does support a city-controlled system.

"I'm not for getting out of the wastewater treatment business," he said.

· The News Journal contributed to this report.

(Note letters will be sent by the City shortly to all citizens informing them of a public workshop on alternatives for disposing of the City's waste water set for November first.)

------------------------------------------

In today's Cape Gazette: Rehoboth planners to hold CDP meeting
The Rehoboth Beach Planning Commission will hold a workshop on the state-mandated review of the city’s comprehensive development plan at 10 a.m., Monday, Oct. 13, in the city commissioners’ room. The commission, with assistance from consultant Bruce Galloway, will continue drafting an updated plan. The commission will accept input from the public at the beginning of the meeting.

Parking committee to discuss meter times
The Rehoboth Beach Parking Advisory Committee will meet at 9 a.m., Tuesday, Oct. 14, in the city commissioners’ room, to discuss the city’s final parking figures for this summer. The committee will review meter revenue and DART ridership, as well as limitations of hours for 30-minute parking meters and 20-minute loading zones. In addition, the committee will discuss issues with the parking department, and Chief Keith Banks will address police department parking issues. Chairman Ron Paterson will give a report on the committee’s recommendations to the city commissioners for use of the land behind the fire department and report on the commissioners’ discussion of parking meter manufacturers and credit card use.

Rehoboth planners to review Oak Grove
The Rehoboth Beach Planning Commission will hold an initial review of a major subdivision request from Oak Grove Motor Court during the commission’s regular meeting at 6 p.m., Tuesday, Oct. 14, in the city commissioners’ room. The owners, Oak Grove Motor Court Inc., seek to divide the property into 15 separate lots. The lots are between 5,009 square feet and 7,895 square feet in size. Six of the lots to be subdivided are located at 43 Canal St.; five are on Sixth Street; and one is at 512 Rehoboth Ave. The owners have requested the major subdivision. The commission will also hold a public hearing for a partitioning request at 501 School Lane. The owners, Evelyn and Melissa Thoroughgood, seek to divide the property into three lots: lot 1, 14,500 square feet; lot 2, 7,250 square feet; and lot 3, 23,778 square feet. The partitioning has been requested by attorney Vince Robertson of the law firm Griffin & Hackett, PA. Planners are also expected to discuss a draft of a site-plan review ordinance. The commission could vote to forward the proposed ordinance to the city commissioners with a recommendation for its adoption. The commission will discuss a referral from the city commissioners to review a proposal to recommend changing the zoning of a triangle of property near the Lewes-Rehoboth Canal from residential to commercial. Commissioners will develop an action plan to continue consideration of changes to the city code relating to short dead-end streets, per referral back to the planning commission by the city commissioners. The commission will also discuss action resulting from the planners’ Monday, Oct. 13 workshop on the state-mandated, five-year review of the city’s comprehensive development plan.

October 8, 2008

In yesterday's Cape Gazette

Rehoboth Beach commissioners rethink municipal complex

By Ryan Mavity
Wilmington architects Tevebaugh Associates may soon be joining the endangered species list in Rehoboth Beach. City officials have proposed establishing a committee that would explore finding alternative architects.

Discussions with Tevebaugh regarding the firm’s municipal complex master plan were put on hold three weeks ago by a 5-2 vote. At the Monday, Oct. 6 workshop, Commissioner Dennis Barbour proposed a way for the city to move forward by establishing a committee, made up of the mayor, commissioners and appointed citizens, that would report back to the commissioners within 45 days.

Besides looking at architects, the committee would also make recommendations concerning what components of the municipal complex will move forward, establish a timeline for moving forward and examine the initial findings of the city’s financial adviser. The city has already begun construction on the first phase of Tevebaugh’s proposed four-phase master plan: a new building and licensing facility on Rehoboth Avenue.

The second proposed phase was for a new police station in the west parking lot of City Hall at an estimated cost of $8 million to $9 million.

Financial concerns vs. employee needs Barbour acknowledged the police are in desperate need of a new facility, calling the headquarters “subhuman.” But he does not think the city should be rushing into a high-cost project given the current state of the U.S. economy. Barbour said the city was presented with only one option on the police building.

“Given the fact that we didn’t have a lot of discussion about various options, I think what we need to do is to explore other alternatives, other vendors, to see whether can get a couple of other opinions as to how we should proceed with this,” Barbour said.

Commissioner Pat Coluzzi questioned the size of the proposed 15,000 square foot police building as well as the cost. Both Coluzzi and Commissioner Lorraine Zellers said they wanted to look into other alternatives to see if that was the best the city could do. Commissioner Kathy McGuiness said if starting a committee was the quickest way for the city to move forward with the project, that’s the way it should go.

Commissioner Stan Mills said, “All these things on Commissioner Barbour’s list are fine, except they should have been done all along by this commission. I question why we want a committee all of the sudden when I proposed a municipal complex committee a year ago and there was no interest in doing that.”

Mills said Tevebaugh has done what was asked of them by the city. He said the architects provided options and held workshops to solicit input.

“I’m saddened and frustrated to get to this point,” Mills said. “Not once did I ever hear that this building is too big or this building is too expensive. Not once did I hear that. I think it’s unfortunate that we’ve gotten to this point where all the sudden now, we want to put a hold on it.”

Mills said the city could finalize design plans for the police building, before looking for funding.

“If you go forward with trying to find someone else, I’m not sure I can agree with that until I know what the parameters are because I think you are going to change the parameters midstream,” Mills said.

Mayor Sam Cooper said Tevebaugh did not present legitimate options.

“I complained vocally here in a meeting in January that we had no alternatives. And the commission gave Tevebaugh Associates a vote of confidence to go forward,” Cooper said. “I didn’t think it was the best thing to proceed forward with 306 Rehoboth Avenue (the new building and licensing facility). But no, we moved forward.”

Commissioner Paul Kuhns said, “They’ve put on the table what we’ve asked for. If we don’t want this, let’s change what we’re asking for. If our parameters are different, then change them. If we have suggestions, let’s make them.”

If the city goes to a committee and hires someone else, Kuhns said, it would take the city 45 to 120 days to find a new architect, not including the 45 days for the committee study.

“I’m not trying to rush into anything, but we have something on the table and its costing money,” he said. “If $9 million dollars is too much, let’s go back to Mr. Tevebaugh and say make it $5 million, make it $4 million.”

Kuhns said if the commissioners had suggestions for alternatives, go to Tevebaugh and make them.

“I don’t see what Tevebaugh has done wrong,” he said.

Cooper said, “I think we need something but I don’t think we need that plan, at that price, at this time. And I don’t think we’ve gone down the right road with these people and we need to look at alternatives.”

Tevebaugh responds
Jim Tevebaugh, president of Tevebaugh Associates, was allowed to say a few words by the commissioners.

“It’s ironic that I’m here today and this is the most discussion I’ve ever heard about the master plan,” he said. “You have spent two years discussing this vision for the city. Unfortunately, this body never identified a vision.”

Tevebaugh said finances were not brought up as an impediment and that other Rehoboth capital projects, such as the Boardwalk restoration, were never discussed with him. H

e said his goal for the police building was to move the department out of the dark ages and into the 21st century. “You don’t want substandard, you want the best,” Tevebaugh said. “We want the highest and best use of the city’s limited real estate holdings.”

Barbour said he did not wish to disregard Tevebaugh’s work but the city needs to look at other options as well.

Cooper said to Tevebaugh, “A big part of the problem is I feel like I’m being lectured to. And I don’t think it’s appropriate at this point. That’s been part of the issue under the surface for a long time.

Tevebaugh said, “When you are going forward, make sure you have a map of what you are trying to accomplish. If that’s lecturing, I call it giving advice. If you see that as lecturing than that’s my poor performance.”

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Other considerations at Monday's commissioners' workshop:

1. The question of the wastewater disposal alternatives: Citizens will be informed by mail of a public workshop, date to be set, focusing on the alternatives the City faces for disposal of its waste water, whether the choice be spray irrigation on land owned by a publicly held utility or whether the city maintains sole control of wastewater disposal by opting for ocean outfall. Citizens will be encouraged to send in questions prior to the workshop.

2. Tree ordinance amendments: Commissioner Dennis Barbour presented a discussion of proposed amendments to the comprehensive tree ordinance passed by the commissioners in January 2006. Such proposed amendments will be posted on the City website and may be the subject of a vote at the regular commissioners meeting Monday evening 7 p.m. October 20. Basically the new provisions provide for the system of appeal from the decision of the arborist and the building and license inspector, the duties of the City Park and Shade Tree Committee, and the appeal to the City Commissioners. Also the new provisions clarify the mitigation process and the possible establishment of a system whereby citizens can apply to the City's mitigation tree fund for free trees to be planted on their property.

3. Service on city committees: Citizens are encouraged to look to the City website for information about the City's standing committees. Citizens with expertise in the subject fields are encouraged to consider informing the City of their interest in serving on such committees. The standing committees are: animal issues committee; audit committee; bandstand, convention hall and special events committee; boardwalk committee; communications committee; election officers; parking advisory committee, parks and shade tree commission (three years); street and light committee, water and sewer committee; planning commission (three years); board of elections (three years); board of adjustment (three years and requires Rehoboth Beach residency). See www.cityofrehoboth.com. Click on "city business."

October 3, 2008

The agenda for the city commissioners' workshop this Monday night, 7 p.m. Commissioners' Room, City Hall. Attend if you can. You can always write to our mayor and commissioners: scooper@cityofrehoboth.com; smills@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; pkuhns@cityofrehoboth.com; lzellers@cityofrehoboth.com; dbarbour@cityofrehoboth.com. Look to City website www.cityofrehoboth.com for dates of meetings, agendas, primary-source documents like the proposed Master Plan, the Tree Ordinance, the Wastewater Disposal Alternatives, the 2008 Comprehensive Development Plan.

Monday's agenda:

1. Public discussion concerning alternate wastewater discharge methods, funding, permitting, including a discussion with a representative of the Delaware Public Service Commission concerning its authority and the regulation of privately owned utilities, status of the Request for Proposals from outside vendors for the disposal of the City's wastewater by way of land application, other areas of interest.

2. Discussion of the status of the City contracts with Tevebaugh Associates and a plan and timeline to seek alternative professional services to assist the City in developing plans for the Municipal Complex. (Commissioner Barbour)

3. Discussion of a proposed contract with Environmental Consultants International, LLC, for professional design services related to Phase Two of the exterior amenities at the Rehoboth Beach Museum.

4. Discussion of draft ordinance amending Articles I and 11 of Chapter 253 of the City Code: Trees -- and timeline for adoption of same. (Commissioner Barbour)

5. Discussion of the scope of work and timeline with Public Advisory Consultants, the City financial advisor. (Commissioner Barbour)

6. Discussion of a policy to require that all public meetings be recorded. (Commissioner Mills)

7. Presentation by Dave Henderson, City Information Technology Director, and discussion concerning the functionality and desirability of various types and manufacturers of parking meters and the use of credit cards in same.

8. Discussion of the draft ordinance creating new Section 98 of the City Code related to the construction and maintenance of private connections to the Boardwalk and the permitting of private vehicles that have a need to travel on the Boardwalk.

9. Discussion of the status of appointments to City committees, commissions, and boards. (Commissioner Mills)

10. City manager's report and committee reports:

Boardwalk Committee (Commissioner Mills): update on Phase 1 of the Boardwalk Reconstruction Project and timeline for same.

Parking Advisory Commission (Chairman Paterson): additional discussion regarding possible parking expansion into the area now used for recycling in the lot behind City Hall.

11. City Solicitor's Report

September 19, 2008

In today's Cape Gazette:

Rehoboth Beach municipal complex discussion gets tabled
By Ryan Mavity

The Rehoboth Beach commissioners have tabled discussions of the city municipal complex project. At issue is a reconsideration of its agreement with architects Tevebaugh Associates of Wilmington.

The commissioners, who voted 5-2 to table, disagree on the size, scope, scale and cost of work, as well as a perceived lack of alternatives offered.

Commissioner Dennis Barbour, who introduced the motion to table, said the municipal complex project is not stopped but he wanted to look at other architectural firms and find one that would present more options than Tevebaugh. Barbour said the city needs new police facilities, which is Phase 2 of Tevebaugh’s proposal, but he wanted more options to choose from.

Mayor Sam Cooper said he didn’t think Tevebaugh presented a variety of options but, instead, presented one course of action for the project. He said he was not happy that the proposed police building would take up City Hall’s west parking lot. And while that might be the best option, Cooper said, the city had nothing to compare it to.

Cooper said he also had concerns about the escalating scale and cost of the project. He said he imagined the new facilities fitting within the 13,000-to-14,000-square-foot footprint of the city’s existing municipal campus. Tevebaugh’s proposed plan is three times that size, Cooper said. The $8 million to $9 million cost of the proposed police facility is also a concern, Cooper said.

Cooper acknowledged the city needs a new police facility and new city offices. He also wants to get the commissioners’ room “out of the ground.” But, he said, “We should not keep putting money into something we are not happy with.”

Commissioner Kathy McGuiness said tabling the discussions enables the city to reevaluate where each commissioner wants to go with the project. She said tabling the discussions would allow the city to regroup and better determine what it wants.

“The only way to move forward is to stop and say ‘What are we doing?’” McGuiness said.

Commissioner Stan Mills, who voted against tabling the project, said, “I’m sorry we’ve come this far to table this at this time, after the public safety building is almost completed in design and before we have had adequate conversation on what entails Phase 3. We identified many years ago the need for both projects and I regret, with this tabling, we will likely miss our timelines for realization of these two necessary projects.”

Commissioner Paul Kuhns, who also voted against the measure, said he was very disappointed. By tabling the project, the city was throwing out all the work Tevebaugh has done so far, he said.

The city has spent $500,000 so far on the municipal project. Phase 1, a new facility for the building and licensing department, should be completed by the end of the year.

Kuhns said by tabling discussions with Tevebaugh, the city was throwing the firm’s work down the drain and setting the project back six months.

Kuhns also disputed Barbour and Cooper’s claims that Tevebaugh did not present the city with alternatives. He said Tevebaugh did present alternatives, while Cooper and Barbour did not present any ideas of their own, but instead said it was the architect’s job to think of new ideas. “What the mayor and Mr. Barbour are saying is, ‘I told you to tell me this and you didn’t tell us, so we’re going to fire you,’” Kuhns said.

Tevebaugh proposed master plan:

• Phase 1 – New offices for building and licensing department and Main Street – under construction

• Phase 2 – New public safety building to house the Rehoboth Beach Police Department and 911 center – plans on hold

• Phase 3 – New City Hall

• Phase 4 – Convention Center upgrades and possible new parking deck in the east lot behind the fire hall

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Also in Cape Gazette:

Rehoboth board to hear three variance cases
The Rehoboth Beach Board of Adjustment will hear three variance requests at its next meeting at 7 p.m., Monday, Sept. 22, in the city commissioners’ room, including one for a proposed expansion and modification of Nicola Pizza. Nicola owners Nick and Joan Caggiano are looking to expand their restaurant by combining it with a building they own on Rehoboth Avenue. The proposed plan would allow Nicola to front on Rehoboth Avenue. Attorney Chase Brockstedt, on behalf of the Caggianos, has requested the variance.

Karen Cordry, owner of 109 Country Club Drive, has also requested a variance. Cordry is seeking a variance with respect to the base elevation for calculating height levels and limits on the use of a mansard roof and a flat roof.

The board will also hear a variance request for property at 10 Third St. Owners Thomas and Patricia Derrick are seeking a variance to install a concrete walk around an existing in-ground swimming pool.

Rehoboth commission to hear tree appeal
The Rehoboth Beach Park and Shade Tree Commission will conduct an administrative appeal hearing at 2 p.m., Monday, Sept. 22, in the city commissioners’ room. William Kerl, owner of 320 Sandalwood St., has requested the hearing to appeal the denial of a tree-removal permit.

Rehoboth to discuss FOIA, website Sept. 24
The Rehoboth Beach Communications Committee has scheduled a meeting at 10 a.m., Wednesday, Sept. 24, in the city commissioners’ room, to discuss improvement of communication with the public as it relates to Freedom of Information Act issues, among other topics. The committee will discuss the status of a draft postcard concerning electronic copies of communications for Rehoboth property owners. The committee will also discuss a policy for recording city meetings and website navigation, and any proposed changes, as proposed by Delaware.net.

Nancy Martin

September 18, 2008

In today's Coast Press:

Kuhns bristles at rejection by Cooper

By Bruce Pringle • Staff Writer • September 18, 2008

REHOBOTH BEACH -- Paul Kuhns didn't become mayor this year. Voters chose Sam Cooper instead.

Kuhns didn't become vice mayor, either. Cooper chose someone else.

And Cooper's choice, Kuhns asserted, appeared to be spiteful.

When the city commissioners held their annual reorganization this week, a month after Cooper won a seventh three-year term by defeating commission member Kuhns, the mayor appointed Commissioner Pat Coluzzi to the No. 2 position. The appointment was confirmed on a 5-2 vote.

Kuhns said Cooper's selection defied a tradition of making the senior resident commissioner -- now him -- vice mayor.

"The only thing I can see," Kuhns said, "is maybe a little bitter disappointment that 45 percent of the people in town voted for me."

"No," Cooper responded, "I want the best person for the position."

The job of vice mayor had belonged to Ron Paterson, who lost to a Cooper ally, Lorraine Zellers, in the August election.

Paterson was the longest-serving commissioner whose primary residence is Rehoboth. But Cooper said he doesn't think seniority ever has been the sole factor in picking a vice mayor.

The Cooper-Kuhns dust-up followed a spirited election campaign in which the mayor was criticized as short-sighted and out-of-touch and Kuhns was portrayed as more interested in helping investors profit from Rehoboth than in preserving the city's character.

Kuhns was the first sitting commissioner to run against Cooper.

Cooper said Coluzzi, the new vice mayor, is well-suited to lead the city in his absence. "I think she's a real dynamic person and, quite frankly, shares a lot of the vision for Rehoboth I have," he said. "She's very patient and listens and considers all sides of things. She has no agenda."

Comissioner Stan Mills joined Kuhns in voting against her confirmation.

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Nancy Martin

September 12, 2008

In today's Cape Gazette:

Rehoboth Beach Planning Commission eyes new initiatives

By Ryan Mavity
After six lengthy meetings soliciting public input, the Rehoboth Beach Planning Commission is now ready to put ideas on paper in its mandated five-year review of the city’s comprehensive development plan.

Architectural and site-plan review, rezoning areas along or near Lewes-Rehoboth Canal and revitalizing Baltimore and Wilmington avenues are some of the big issues the commission is considering. Chairman Preston Littleton said by no means are any of these ideas set in stone. Instead, they are meant to trigger discussion.

The concept of architectural review was in the city’s last plan in 2003. The city appointed an Architectural Review Board Task Force, which produced a manual of architecture that promotes the character of Rehoboth. Littleton said he had no desire for immediate implementation of mandatory architectural review, but he would like to continue the work of the task force and implement architectural review on a trial basis.

At its workshop meeting, Saturday, Sept. 6, plan consultant Bruce Galloway said it was time for the city to have mandatory architectural review. Commissioner Tim Spies agreed with Galloway.

“It’s way past time,” he said.

Commissioner Harvey Shulman said, “We need to be realistic. I think it’s great that papers say that. That we are going to make sure houses do this or that. The reality is, unless something is mandated, and I’m not saying we should mandate it, for the most part, it’s window dressing.”

Site-plan review

Littleton said having a site-plan review for large tracts of land was his top priority. The commission has already begun to address the issue by establishing a workgroup, and with input from city solicitor Glenn Mandalas and building inspector Terri Sullivan, will come up with an ordinance establishing a site-plan review process.

Littleton said the work group looked at site-plan review ordinances from nine municipalities in Delaware and Maryland and used them as a template to fashion one for Rehoboth. A preliminary draft has been written and Littleton said the commission would revise it before presenting a first draft at the commission’s October meeting. The draft will be reviewed and then sent to the city commissioners for further review and possible vote.

Littleton said site-plan review would likely be on the books before the comprehensive plan is even finalized. He said the ordinance would apply only to large properties and 90 percent to 95 percent of the properties in the city would not be affected by the proposed ordinance.

Canal area rezoning

The commission is looking at rezoning a parcel of land between Canal and Sixth streets from commercial to residential. The triangle of land, located just east of the canal bridge at the entrance to Rehoboth, is home to Oak Grove Motor Court, among other, mostly residential properties.

Littleton said if the property were rezoned, any nonresidential properties would be grandfathered in. He said all properties that front Rehoboth Avenue should remain commercial.

Paul Lovett, co-owner of Oak Grove Motor Court, has already brought the idea of rezoning the property before the city commissioners. The commissioners remanded the matter to the planning commission and Littleton said action would be taken on the matter at the October meeting.

If the property were to be rezoned, it would require a public hearing before the city commissioners.

Revitalization of Wilmington, Baltimore avenues

The commission is also examining how Wilmington and Baltimore avenues can be better developed.

Among the suggestions are how to increase foot traffic on those streets and how Baltimore and Wilmington avenues can be connected to Rehoboth Avenue’s busy commercial area.

Another suggestion was the creation of a “design zone that would describe an architectural character for each block to be used as a template when individual properties are modified.

“These standards would also include lighting and signage guidance.”

Finally, the plan suggested street closings to vehicular traffic on Wilmington and Baltimore avenues, as well as First Street, where only pedestrian traffic would be allowed during certain times.

The commission will continue its CDP revisions at its next meeting, tentatively scheduled for Tuesday, Oct. 14, instead of Monday, Oct. 13, due to the city offices being closed for the Columbus Day holiday.

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Mayor Sam Cooper and commissioners Lorraine Zellers and Dennis Barbour will take their oaths of office at the Rehoboth Beach commissioners meeting at 7 p.m., Monday, Sept. 15, in the city commissioners’ room. In addition, new officers will be elected. The nominees are Commissioner Pat Coluzzi, vice mayor; Commissioner Kathy McGuiness, secretary; Ann Womack, assistant secretary; Pricilla Smith, treasurer; and Paula Simpson, assistant treasurer. The commissioners will continue public discussion of alternate wastewater discharge methods, funding and permitting. The discussion will include a representative from engineers Stearns & Wheler, who will provide an update on the city’s requests for proposals from outside vendors for disposal via land application. The commissioners will further review and discuss the recommendations from Tevebaugh Associates for Phase 3 of the city’s municipal complex master plan, building a new city administrative facility. The commissioners are expected to adopt a resolution relating to opening bank accounts and consider approval of a contract with Environmental Consultants International for design services related to Phases 2 and 3 of the exterior amenities at the Rehoboth Beach Museum. Barbour will lead discussion on four separate items: proposed revisions to the city tree ordinance; conflict-of-interest guidelines for city commissioners; clarification of the contract with Public Advisory Consultants; and proposed guidelines to clarify the role, responsibilities and authority of the city solicitor, including communication protocols. The discussion of Public Advisory Consultants will include analyses of municipal debt load and revenue streams, as well as reporting mechanisms. Commissioner Stan Mills will lead a discussion of policy to require all public meetings to be recorded, and McGuiness will discuss setting of commissioners’ priorities for future action.

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Nancy Martin

September 10, 2008

Agenda for City Commissioners' meeting this Monday, September 15, 2008, 7 p.m. at City Hall Commissioners Room. Please attend if you possibly can.

You can always write to Mayor Cooper and the city commissioners at scooper@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; lzellers@cityofrehoboth.com; dbarbour@cityofrehoboth.com; smills@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; pkuhns@cityofrehoboth.com.

Agenda: (from www.cityofrehoboth.com)

(1) Administration of Oath of Office to newly elected Mayor Cooper and Commissioners Dennis Barbour and Lorraine Zellers.

(2) Public discussion concerning alternative wastewater discharge methods, funding, permitting, including a discussion with a representative of Stearns & Wheler, the City's consulting engineer, status of Request for Proposals from outside vendors for the disposal of the City's wastewater by way of land application, other areas of interest; planning future discussion and related matters. (See www.cityofrehoboth.com for alternative proposals.)

(3) Further review and discussion of the recommendations contained in the City Facilities Masterplan as prepared by Tevebaugh Associates as it relates to the City Administrative Facility (Phase 3) including a discussion of future steps for this phase. (See www.cityofrehoboth.com for Masterplan.)

(4) Election of officers: Vice Mayor, Pat Coluzzi; Secretary, Kathy McGuiness; Assistant Secretary Ann Womack; Treasurer, Priscilla Smith; Assistant Treasurer, Paula Simpson.

(5) Adopt a resolution relating to the opening of bank accounts.

(6) Consider approval of a contract with Environmental Consultants International, L.L.C., for professional design services related to Phases Two and Three of the exterior amenities at the Rehoboth Beach Museum.

(7) Discuss proposed revisions to Section 253 of the City Code -- the Tree Ordinance: Commissioner Barbour.

(8) Discuss proposed conflict of interest guidelines for City Commissioners: Commissioner Barbour.

(9) Discuss proposed clarification of the contract with Public Advisory Consultants, the City financial advisor, to include analyses of municipal debt load and revenue streams as well as reporting mechanisms: Commissioner Barbour.

(10) Discuss a policy to require that all public meetings be recorded: Commissioner Mills.

(11) Discuss setting of Commissioners' priorities for future action: Commissioner McGuiness.

(12) Approval of Street Aid Expenditures.

(13) Committee Reports: Bandstand, Convention Hall, and Special Events Committee: Commissioner McGuiness Boardwalk Committee: Commissioner Mills (update on Phase One of the Boardwalk Reconstruction Project and timeline for same.

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Nancy Martin

September 4, 2008

Voting statistics from Rehoboth Beach city elections 2004 through 2008.

--------------------------

First, the voting statistics from this year's August 9, 2008, election:

Mayor's race:
Sam Cooper: 675
Paul Kuhns: 534
Mayor Cooper won 56% to 44%

Commissioners' race:
Dennis Barbour and Lorraine Zellers won the two highest number of votes. Ron Paterson lost his seat on the city commission.
Dennis Barbour: 627
Ron Paterson: 618
Lorraine Zellers: 760

Number of registered voters: 1462
Total number of people who voted: 1218 (83% of the registered voters actually voted)
Number of voters voting in person: 893
Number of voters voting absentee ballot: 325 (27% of the voters voted absentee ballot)

Number of voters voting a "short ballot" or "bullet ballot" for the commissioners' race: 431. This, generally, means that 431 voters chose to exercise their privilege to vote for only one candidate for the two open city commissioner seats rather than exercising their privilege to vote for up to two candidates for the two open city commissioner seats. Thus, about 35% of the 1218 voters who cast votes in this election chose to "bullet ballot."

----------------------------

2007 city election:

Commissioners Stan Mills and Pat Coluzzi won the two seats on the city commission.

Number of registered voters: 1648
Total number of people who voted: 1206 (73% of the registered voters actually voted)
Number of voters voting in person: 854
Number of voters voting absentee ballot: 352 (29% of the voters voted absentee ballot)
Number of voters choosing to cast a short ballot: 495 voters or 4l% of the voters chose to cast a short ballot.

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2006 city election:

Commissioners Paul Kuhns and Kathy McGuiness won the seats open on the city commission (Kathy McGuiness winning relection).

Number of registered voters: 1539
Total number of people who voted: 1007 (65% of the registered voters actually voted)
Number of voters voting in person: 836
Number of voters voting absentee ballot: 171 (17% of the voters voted absentee ballot)
Number of voters choosing to cast a short ballot: 328 voters or 33% of the voters chose to cast a short ballot.

--------------------------------

2005 city election:

Mayor Cooper won reelection to the mayor seat.
Commissioners Dennis Barbour and Ron Paterson won the city commissioners race.

Number of registered voters: 1346
Total number of people who voted: 1191 (88% of the registered voters actually voted)
Number of voters voting in person: 902
Number of voters voting by absentee ballot: 289 (24% of the voters voted by absentee ballot)
Number of voters choosing to cast a short ballot: 89 or 7% of the voters chose to cast a short ballot.

----------------------------------

2004 city election:

Commissioners Patrick Gossett and Richard Sargent won the city commissioners race. (Richard Sargent won reelection to his seat.)

Number of registered voters: 1142
Total number of people who voted: 807 (70% of the registered voters actually voted)
Number of voters voting in person: 675
Number of voters voting by absentee ballot: 132 (16% voted by absentee ballot)

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Look to the city website www.cityofrehoboth.com for facts about voting statistics, as well as other signification information and for primary-source documents: The Comprehensive Development Plan; the Municipal Complex plan; dates, agendas, and minutes for all meetings and public hearings; full audio recordings of all commissioners' meetings; the Architectural Review Board Task Force manual; the Waste Water Quality Reports; Wastewater Discharge Alternatives Reports; the Convention Center schedule; important phone numbers.

Nancy Martin August 30, 2008

The Rehoboth Beach commissioners will meet Tuesday in special session. Note story in Cape Gazette:

Rehoboth schedules special meeting
The Rehoboth Beach commissioners have scheduled a special meeting for 6:30 p.m., Tuesday, Sept. 2, in the city commissioners’ room, to receive an update and get advice from the city solicitor on pending legal action filed by the owner of lot S Park Avenue. The special meeting could include a possible executive session. Following the special meeting will be the commissioners’ workshop, which will include public discussion of alternate wastewater discharge methods, funding and permitting. Representatives from the Department of Natural Resources and Environmental Control will give a presentation concerning permitting issues, status of requests for proposals from outside vendors for disposal via land application and other areas of interest. The commissioners will hear an update from Tevebaugh Associates on construction progress for the new building and licensing office at 306 Rehoboth Ave., as well as a presentation and review of the design report for the proposed public safety building. There will also be review and discussion of the recommendations contained in the city facilities master plan relating to Phase 3 of the project - a new city administrative facility - including discussion of future steps of this phase. Commissioners will continue discussion of zoning-code regulations regarding heating, ventilating and cooling equipment as related to required setbacks. They will also hear a presentation from Jack Dolan of Kercher Engineering about the Boardwalk Committee’s recommendations for Phase 1 of the Boardwalk reconstruction project: a proposed as a section from Rehoboth Avenue to Laurel Street. The commissioners will discuss a letter from Paul Lovett requesting the city consider rezoning, from C-1 commercial to R-2 residential, the lots bordering Canal and Sixth streets, and a portion of the parcel at the southwest corner of Canal Street and State Road. These properties were recommended in the city’s 2003 comprehensive development plan to be rezoned to a new zoning category that would allow mixed use.

Nancy Martin

August 5, 2008

Press release:

DELAWARE ATTORNEY GENERAL UPHOLDS 'SUNSHINE LAW' COMPLAINT FILED BY COMMISSIONER DENNIS BARBOUR

REHOBOTH BEACH NOW SUBJECTED TO UNPRECEDENTED STATE REVIEW

Rehoboth Beach, DE – August 5, 2008 - For the second time in two months, the Delaware Attorney General has upheld a complaint filed by Rehoboth Beach Commission Dennis Barbour that various City meetings have been held in violation of the state Freedom of Information Act (FOIA) – also called the "Sunshine Law".

In his latest ruling issued late last week, the Attorney General also decided that Rehoboth Beach must sign a "consent agreement" with the state that requires the City for one full year to notify the Attorney General several days in advance of holding any "executive" meetings that are closed to the public.

Commissioner Barbour called the Attorney General's decision a "regretful but necessary step to protect the public's right to know and the integrity of the City's decisionmaking process." According to Commissioner Barbour, "Mayor Cooper and I have tried to make sure that the public's 'right to know' is respected, but unfortunately there are other City Commissioners who prefer to conduct City business in private."

The Attorney General ruling issued last week dealt with 3 meetings in March and April 2008 of the City's Boardwalk Committee, chaired by Commissioner Stan Mills.

The Boardwalk Committee held 3 meetings closed to the public where it interviewed several engineering firms interested in a contract worth almost $200,000 to repair the City's Boardwalk. Immediately after the first closed meeting, Commissioner Barbour wrote to Commissioner Mills and asked that he follow the "Sunshine Law". However, Commissioner Mills disregarded Commissioner Barbour's concerns and went ahead with the additional closed meetings.

According to the Attorney General, although it would have been proper to hold these "executive sessions", the Attorney General said that "we cannot ignore that the Boardwalk Committee violated FOIA on three separate occasions. The public has a right to know when executive sessions are taking place, the purpose of the executive sessions and the outcome of the vote to go into executive session. In order to ensure that these violations are not repeated, we will require that the Commissioners of the City of Rehoboth Beach enter into a consent agreement with the Attorney General, to require that the City provide notice of any and all Executive Sessions to the [Attorney General] at least three days prior to public notice of the Executive Session for a period of one year."

According to Commissioner Barbour, this is the first time ever that the Delaware Attorney General has imposed this type of oversight on any governmental body in the state.

This latest Attorney General ruling upholding Commissioner Barbour's complaint follows a similar ruling in May involving a late 2007 decision by a 4 – 3 vote of the City Commissioners to "downsize" the Planning Commission from 9 members to 7 members. The Attorney General found that a City Commissioner meeting dealing with changes in the Planning Commission violated the "Sunshine Law'. That FOIA violation was the direct result of discussions initiated by Commissioner Paul Kuhns at those meetings. Although Mayor Cooper's agenda for the meeting was limited to reducing the size of the Planning Commission, Commissioner Kuhns discussed and insisted upon a vote on his proposal to impose "term limits" on the Planning Commission.

According to the Attorney General, the matter raised by Commissioner Kuhns "should not have been included in the business of the October 15 meeting, and it violated FOIA to have done so." Although the Attorney General refused to penalize the City in his May 2008 ruling regarding the meetings involving the Planning Commission, the Attorney General said at that time that this refusal "should not be read as a green light for intentionally or persistently violating the FOIA notice requirements."

According to Commissioner Barbour, the latest Attorney General ruling on the Boardwalk Committee meetings demonstrates that Commissioner Kuhns and his supporters obviously did not understand the Attorney General's warning. Commissioner Barbour has stated that "although I have been criticized for forcing the City to defend the actions of Commissioner Kuhns, Commissioner Mills and their supporters, it is clear that the Attorney General believes that something wrong is going on here. This is not something that they can 'pin' on the Mayor or other Commissioners; it's a violation of the public trust that is the direct result of their actions."

"Both of these Commisioners claim that they want the public to be involved in our decisionmaking processes," said Barbour. "These Attorney General rulings are the best evidence that these claims are hollow."

August 2, 2008

Strong letters in yesterday's Cape Gazette. Issues covered: this election a referendum on increased taxes and increased debt, overdevelopment, honesty and dishonesty re claim trees will be cut down on Henlopen to accommodate ocean outfall pipe, keep being smart with what we have, Rehoboth finances vs. Wall Street schemes, the library and the restaurant issue, the move to cripple the Planning Commission, Rehoboth the model for other cities, conflicts of interest, the parking garage and new convention center keeps coming up, misinformation, the raising of the parking meter fees. .

Letters from former Delaware U. S. Congressman Thomas Evans, Jr.; Commissioners Jan Konesey, Patrick Gossett, Joanne Hess, Jim Horty; Joe Knoll, Guy Martin, Carol Popham, Robert Mangrum, Stan and Betsey Heuisler, Tim Spies.

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Planning Commissioner, former City Commissioner: Keep being smart with what you have

One of the speakers at a recent public hearing, in discussing future needs for the beach and the town,said something that clearly resonated with me: “Keep being smart with what you have”—and that is what we have been doing under the leadership of Sam Cooper. I have read letters that say that Mayor Cooper does not plan for the long term, that he does not have a vision. Sam Cooper has had a vision for Rehoboth Beach and has acted upon that vision from his first years in office. I joined the city commission the first year Sam Cooper was mayor and served with him for seven years. We were a diverse group of people with very different interests but with a common vision – to preserve, protect and enhance the small-town charm of Rehoboth Beach. That shared vision allowed us to work together, even when we disagreed, and reach consensus for the benefit of the community.

Keep being smart with what you have means keeping the vision in mind when making critical decisions about the future of the community. One striking example of protecting and enhancing the community is our beautiful library.

We all take the library for granted, but in Mayor Cooper’s first years, the library board wanted to move the library from its location on Rehoboth Avenue to a new location outside of town where it could expand to meet the future needs of the region. The mayor and commissioners at the time, working together, fought hard to keep the library in town. A town isn’t just the residential areas; a town needs its library, just as it needs the post office and the fire hall and the churches. These places draw people into town; they provide meeting places, cultural activities and customers for the businesses. We won a hard-fought battle, the library was able to buy the land next door and we now have a thriving library that draws both visitors and residents downtown year around. There are many more examples I could use to demonstrate long-term strategy to preserve, protect and enhance - the restaurant ordinance, for example – by limiting the size of restaurants, we were able to provide a fertile environment for innovative restaurateurs to build their business. There isn’t a community in Delaware or the surrounding resort areas that can top us for the diversity and quality of our restaurants.

Keep being smart with what you have also means being smart with the financial resources we have. We’ve been smart and I’d like us to keep being that way. Unlike Wall Street firms, Rehoboth Beach finances are sound and we’re not asking foreign investors for bailouts. Wall Street is the last place we need to look for financial advice. The city has critical issues to deal with. To make the best decisions, we need to return the commission to what we had – people of diverse backgrounds and beliefs working together with a shared vision for the betterment of the community, people who put their own interests aside to work for the common good and reach consensus on decisions. That is why I’ll be voting for Sam Cooper, Dennis Barbour and Lorraine Zellers on Aug. 9.

Jan Konesey
Dover and Rehoboth Beach

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Former congressman supports candidates The following open letter from former U.S. Rep. Thomas Evans Jr. was submitted to the Cape Gazette for publication.

Dear Neighbor, As someone who cares deeply about preserving the special character of Rehoboth, we must elect those who share the same vision for our town. We should not become an Ocean City or Miami Beach. A few individuals may benefit financially but Rehoboth would be permanently destroyed from overdevelopment. Our quality of life is certainly worth infinitely more than “dollars for developers.” I hope you will consider voting for Sam Cooper for mayor and Dennis Barbour and Lorraine Zellers for commissioners on Aug. 9. Their opponents do not share these brief thoughts about our wonderful community by the sea.

With best personal regards,
Thomas B. Evans Jr.
U.S. Congress (Ret.)
Rehoboth Beach

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Cooper a proven leader Rehoboth can trust

The election on Aug. 9 is critical for the future of Rehoboth Beach. All elections are important, but the future of our city will be determined by the results of this election. As a former planning commissioner and city commissioner, I have been privileged to see the workings of our city in a way few others have. I have had the high honor to work with Mayor Sam Cooper and he has my unequivocal support for re-election this year. I support Mayor Cooper not just because I know him. I also know his opponent from serving with him on the city commission.

Sam Cooper is a man of integrity. Sam’s word is his bond. Whether he agrees or differs with your view, he will always listen to your opinion with an open mind and act after careful consideration of all the facts. He is beholden to no group or special interest. He always has the best interests of the city at heart. Even his opponent admits that fact. Mayor Cooper’s opponent says that those of us who support the mayor are content with a city that is “just OK.” While I don’t speak for others, I am proud to say that the city is much more than OK. This city is in great shape.

As mayor, Sam Cooper has built upon his many years of public service to create bold visions for the future and bring them to reality. Under his leadership our lives have been enhanced by the Streetscape project and new Bandstand, the new Lake Gerar Bridge, a comprehensive tree ordinance, beach replenishment, curbside recycling and countless other projects. Our streets are among the cleanest and the safest in the nation for pedestrians and vehicles. Our neighborhoods are beautiful and we walk along our city streets without fear.

Rehoboth Beach is a positive model for other cities. Mayor Cooper has brought about all these improvements without high taxes and without mounting debt. He has kept us financially sound and ready to take on the challenges of the future. But don’t just take my word for it. Our city has been ranked among the best beaches, the best places to retire and the best places to live by national magazines and organizations. Just “OK”? No, Rehoboth Beach is far better than just OK. If Rehoboth Beach were just OK, Sam’s opponent wouldn’t have been able to write that “thousands of visitors and residents alike want to be here and enjoy their home or vacation experience.” If things were just OK, we would not have the thriving business community that continues to expand every year. If things were “just OK” or “falling apart” as Mayor Cooper’s opponent contends, why aren’t our property values falling like the rest of the country? Our residential and commercial properties are holding their values despite national trends, because this city, and our mayor, are more than just OK.

Sam Cooper is a proven leader we can trust and has the experience we need. I encourage all voters to vote for Mayor Sam Cooper on Aug. 9 or by absentee ballot. Your vote will serve the best interests of our city and ensure a bright future for all of Rehoboth Beach for years to come.

Patrick Gossett
Rehoboth Beach

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Trains are running on time in Rehoboth Beach

There is an often-cited statistic that speaks to Rehoboth Beach’s location being within five or six hours driving time of some 45 million people (roughly 15 percent of the population of the United States). An unstated statistic is that our city is probably the only vacation and retirement community along the entire Atlantic seaboard that has managed to resist the pressures inherent in that vast demographic and maintain the character and charm that attracts thousands of visitors and retirees each year.

Those running for office this election cycle recognized the gem that is Rehoboth Beach and have chosen to make it their home. What we have here is not an accident. It is largely the result of a caring and committed Sam Cooper who has protected and preserved our city for the 18 years that he has served as our mayor. On Sam’s watch, he has proven that preserving charm and character is not inconsistent with the nourishment of a prospering and growing municipality.

The trains are running on time and our trash is being picked up. It seems to me that this election is becoming more and more about a solution in search of a problem, i.e., a referendum on increased debt and taxes that, from what I can tell, will not speed up the trains or result in more efficient trash collection. Mayor Cooper deserves our thanks and support for another term in office.

Joe Knoll
Rehoboth Beach

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These financial times call for Cooper’s re-election

In its mayoral election next week, the City of Rehoboth Beach faces a watershed decision about the future of its community. I’ve boiled it down to four questions and answers that make my choice easy.

What do we have in Rehoboth Beach and what do we want? Rehoboth Beach, as it has evolved and as it exists today, is perhaps the finest and most-respected beach town on the Mid-Atlantic. It is charming and well-loved by its citizens, well-run as a working city, solving its challenges as they arise, getting better year by year, enjoying higher comparative property values and doing so with low taxes, reasonable debt and a common-sense approach to small-town government. Things just get done – bridges, streets, water towers and the Streetscape on Rehoboth Avenue - that many said could not be accomplished on time. Incumbent Mayor Sam Cooper has been the town’s leader for nearly two decades, and our citizens need only look around to understand his record of accomplishment and his skills. On an issue like spending taxpayer dollars carefully and well, Sam Cooper doesn’t have to claim he is for it; he has done it, year after year. The other candidate, Paul Kuhns, looks at the same town, sees a crisis in virtually every corner, proposes big projects and asks us to make him mayor based on years of unclear experience in New York finance and two years on the city commission. He says higher taxes are inevitable and that city debt is a good thing and has utterly failed to show why we should fix something that isn’t broken. I would like to continue our evolution as a charming and progressive beach community just as it has progressed over the two decades I have lived here. Sam Cooper has proven, in real time, that he can deliver that result.

Will we get truly representative government from our mayor? The issue is whether an elected official will pursue their own narrow agenda or really listen and respond to what the public is telling them. On this score, the mayor’s record is established for listening and taking in facts on all issues, encouraging hearings and participation, and often waiting until the very end, when all opinions are in, to cast his vote or take his position. Paul Kuhns has a record also, and it establishes the big difference between his credibility when he ran for commissioner two years ago on promises, and now. One of his earliest actions as commissioner established the nature of his real approach. Working with his sidekick, Ron Paterson, Mr. Kuhn used his new majority to hurriedly push through a resolution to reduce the size of the city’s planning commission, kicking off two able planning commissioners, and sending a clear signal that his notion of planning was restricted to his notion of planning. Worse was the way he engineered it, pushing the motion through in a short period without a noticed hearing framing such an important issue, and forcing the city commission to make this important change when most citizens did not even know about it. Those who found out about the sudden and dramatic reduction in planning capability objected as best they could, sending in 50 letters within days, and speaking out against it at the meeting it was pushed through. There were no supportive letters and no public statements with the exception of one real estate agent supporting the reduction Paul Kuhns and helper Paterson voted for, weakening the planning commission in spite of what the citizens overwhelmingly said they wanted. The explanation? Mr. Kuhns said he had decided it would be “more efficient” if the planning commission were smaller, and that he had spoken to citizens who supported the elimination of the two volunteer planning commissioners but “did not want to be identified.” The mayor and Dennis Barbour objected to the unfair procedure and voted against the reduction, and you know how Paul Kuhns and Ron Paterson voted. You decide which kind of kind of representation you want – the honest consideration of your views by Sam Cooper and Dennis Barbour, or the reliance on invisible supporters by Paul Kuhns and others.

Do we care about ethics and integrity? Mayor Cooper has served Rehoboth Beach for nearly 18 years without conflict, a missing city dollar or any hint of impropriety. Paul Kuhns refused for months to even admit that his brother was directly involved in the very wastewater disposal alternative for Rehoboth Beach that Kuhns was advocating. When Mr. Kuhns was finally shamed into actually telling the public of this obvious conflict of interest, he angrily called those who noted it “fearmongers,” and indicated he still doesn’t consider it a conflict. Bluntly put, this is ethically tone-deaf, and makes Mr. Kuhns look untrustworthy next to the mayor’s proven record of integrity. Mr. Kuhns confirmed his approach to such issues by actually voting against a proposal in the city commission to adopt an ethics and disclosure rule that would have identified such conflicts and prevented them. Put me down as fearing the rise of such conflicts of interest in our small town and put me down for Cooper on this one.

And finally, who says Sam Cooper is the right choice for Rehoboth? The most significant and respected leaders in our recent city history have made it clear, based on their experience, their knowledge of the town’s needs and challenges, and their personal experience with the mayor, that Sam Cooper is their choice. This includes former Mayor John Hughes; former city commissioners Patti Shreeve, Jim Horty, Hughes, Patrick Gossett, Jan Konesey and Richard Sargent; and planning commissioners Mary Campbell (chair), Shreeve, Gossett, Konesey and Mable Granke. Former Delaware Congressman Tom Evans, who served the state with distinction for many years and is still an active Rehoboth Beach resident, joins with his endorsement letter of Cooper, Barbour and Zellers as well. Every one of these respected individuals, representing diverse professional and partisan approaches, is still living in and serving Rehoboth Beach and is still vitally concerned about the city’s future. All share the common view that the city needs Sam Cooper.

Hughes, currently the secretary of the Delaware Department of Natural Resources and Environmental Control, captures Sam Cooper when he says: “I know Sam well and appreciate his fiscal restraint and steady leadership. His love of Rehoboth runs deep and his record in office is convincing. These perilous times call for the precise qualities Mayor Cooper possesses.”

I agree. Please get out and vote.

Guy R. Martin
Rehoboth Beach

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Cooper deserves support for another term

The election in Rehoboth this year for mayor is between two very qualified candidates with different versions of what the city should be in the future and also differing opinions as to how the city operates at the present time.

Commissioner Kuhns favors an expanded role of government and large capital improvements, which will require going out into the bond market for a new convention center, parking garage and an expanded city hall complex. These improvements are in addition to the Boardwalk reconstruction, rebuilding the former Wilmington Trust building on Rehoboth Avenue, the construction of a new police station and the new system for sewage disposal yet to be decided upon.

Mayor Cooper favors an approach of working within the comprehensive plan and within the budgetary constraints dictated by the revenue base of the city as well as available grants from federal and state-sponsored programs in doing the improvements needed for the city to operate efficiently without the significant increase in taxes and debt burden that Commissioner Kuhns’ proposals would entail.

Each candidate’s approach is from men who are certainly sincere and believe their way is the best path forward for the city. Your vote should probably be determined by the approach with which you agree.

When one walks the streets and Boardwalk area of Rehoboth as I usually do, you can’t help but come to the conclusion that with Mayor Cooper and the present city staff, led by City Manager Greg Ferrese, we have a great city with minimal taxes, excellent services in terms of trash pick up, police protection, fire protection, water quality and the other amenities that make Rehoboth a desirable place to live. Looking at the recently renovated and updated downtown area, including the magnificent Bandstand, the Lake Gerar Bridge, and the improved beach, Rehoboth looks great, feels great and as far as I can see, works very well. I see no need to change what isn’t broken. Additionally, all of the these improvements have been completed without the need to incur significant bonded debt or going to the capital markets.

The main negative in city operations that I see is that the high parking meter fees are hurting the business community, acting as a deterrent to people coming into the city, given the extra costs involved. Although we live in Rehoboth, we often go outside the city to eat and shop, given the high parking costs. My understanding is that the significant meter increases were favored by Commissioner Kuhns and opposed by Mayor Cooper. Having served with Mayor Cooper on the commission for four years, I can attest he is a fiscal conservative who carefully watches the taxpayers’ money to see it is spent wisely. As a business owner, Sam would not support an increase such as was proposed by the majority of the commissioners and only reduced when opposed by virtually the entire business community. As I expressed to both candidates in the last year, there is a consistent majority on the commission, of which Commissioner Kuhns is a member, that vote as a block and the commissioners no longer seem to act as individuals or get along, which is an unhealthy situation. Mayor Cooper and his family have lived in Rehoboth for generations and were part of building the city and making it what it is today. The mayor has continued that tradition of service and has done an excellent job. After much thought and reflection, we have concluded that Mayor Cooper deserves our support for another term.

Jim Horty
Rehoboth Beach

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If it ain’t broke, don’t fix it in Rehoboth

As many others did, I received my tax bill a few weeks ago and I am sure you remain as astonished as I am at how low the bill is. And equally astonished at how many excellent services we receive for the low taxes. Our city is clean and well maintained, as is our main attraction, the beach. Our police department keeps crime at a low level. On special holidays, our excellent maintenance crew puts up festive decorations. Everyone walks our streets with smiling faces. But will this period of low taxation and remarkable services continue?

I am deeply concerned about some of the proposals four of the city commissioners have made in last 10 or so months. As a planning commissioner I was and am dumbfounded at action to reduce the number of commission members. I think this was a spiteful action, aimed at one or two of our group who are the hardest-working, most caring members of the commission. And the reason the meetings are perhaps shorter now is due entirely to two factors: 1. Fewer applications are being received. At last fewer people are no longer trying to tear down the beautiful old homes which so graced our city, and partition the land on which they once stood. And 2. The applications are now well prepared, accurate and complete. We no longer have to postpone public hearings because the applicant failed to complete the application properly. I know there are some who consider the applications too long and perhaps infringing on other property owners’ rights. Surely the rights of all the city and the immediate neighbors are important enough to require full disclosure of all factors involved in the partitioning.

And while those who proposed such additions to our downtown area as a parking garage and expanded convention hall now either deny making the proposals or say they are withdrawing their support, can we really believe them? If the current mayor who has always stood for fiscal responsibility, prioritizing the city’s needs, seeking funds from other sources for projects which are vital to the city, is voted out of office, will his successor be as careful and thoughtful in planning for the future? Will he bring the countless years of experience and knowledge of Rehoboth Beach which Mayor Cooper possesses? Or will he answer to the demands of a few who want to commercialize our downtown area? There have been so many instances of certain commissioners denying that was their intention, and yet I have been present at many meetings when these proposals have been made and have been astounded at how quickly they are dismissed or forgotten when the public begins to express concern over costs and other future needs. But will the proposals be made again if there is another administration looking for a way to destroy our city’s image and profit from this destruction?

The continuing suggestion that nonresident property owners no longer be qualified to serve on the commissions and committees not only puzzles me, I regard it as a somewhat short-sighted point of view. The nonresident group (some 60 percent of property owners) brings to this city a rare and unusual source of knowledge of business, law, medical procedures, administration and countless other categories of experience and great service. We have an amazing pool of such experts here, ready to provide guidance. While I agree that living here full time undoubtedly provides a better basis for understanding for daily issues, I can only cite Commissioner Barbour’s reminder that commissioners are elected/appointed to set policy, while those who live here year round should carry out the policies. It is not so critical that each commissioner have intimate knowledge of the city, and again, the valuable diversity of knowledge and experience that many who live outside the city bring to all of us should be highly treasured.

I believe with all my heart and mind that Mayor Sam Cooper, Commissioner Dennis Barbour and commissioner candidate Lorraine Zellers will continue to provide the kind of leadership and vision that has made our little mile of land so precious to all of us and I urge you to consider giving each of them your vote so that Rehoboth Beach will continue to be the proud and lovely town we all so love.

Joanne Hess
Rehoboth Beach

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Cooper, Barbour, Zellers the best candidates

If you plan to vote for either Paul Kuhns or Ron Paterson in the Aug. 9 municipal election, remember you are writing them - and their developer friends and realtor allies a blank check.

Kuhns himself in his campaign letter warns voters taxes are sure to go up. But, of course, he doesn’t say by how much. How much per taxpayer per year, Mr. Kuhns? $1,000? $2,000? $5,000? More?

The taxpayers in Rehoboth Beach are currently obligated to fund wastewater treatment and Boardwalk rehabilitation. But, on top of all that, Kuhns and Patterson and their political boss Steve Simmons and their friends and allies have pursued, promoted and pushed for a study for Rehoboth to build a hulking new downtown parking garage. Kuhns also has pushed for the study for the city’s erecting an enlarged, new or renovated convention center. And - despite the fact Kuhns promotes himself as a former Wall Street whiz on municipal finance, and despite his having called for “long-range financial planning” for Rehoboth for three years - this “tax and spend” program has no price tag! They will not tell us how much it will cost. Maybe they don’t know ... maybe they don’t care as long as we pick up the tab.

Instead of watching Kuhns and Paterson and Simmons and their supporters try to turn Rehoboth into something to “compete with Ocean City,” and raise our tax bills through the roof, and take voting rights away from nonresidents while they give them to realtor-constructed legal corporations, don’t vote them in.

Sam Cooper and Dennis Barbour and Lorraine Zellers all care about Rehoboth and are fiscal hawks. Give them your support and they’ll spend it slowly and wisely.

Stan and Betsey Heuisler
Rehoboth Beach

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Barbour a man of great integrity, intelligence

I’m writing to provide a unique perspective on Dennis Barbour. I’ve known Dennis for over 18 years, and have been a local Rehoboth neighbor of his since purchasing my home here over eight years ago.

Dennis is passionate about serious issues. He also has a self-deprecating wit that puts people at ease. Anyone who has attended city commission meetings has seen both sides of Dennis. Since he became a city commissioner in 2005 he has demonstrated his passion for making Rehoboth a better place for its citizens by tackling difficult and complex issues. His successful efforts to forge consensus with revisions in our zoning code and enactment of our tree ordinance are evidence of his leadership skills. As a result of his efforts Rehoboth is now a better place. In three short years he has already accomplished much on our behalf that is very positive.

Dennis’ leadership skills and commitment are the result of a career dedicated to service in the nonprofit sector. His professional challenges have included bringing adverse parties to consensus and developing strong business plans to ensure that nonprofits are able to sustain themselves. His record of professional success is testimony to his passion for causes he strongly believes in.

Dennis is passionate about Rehoboth because he believes so strongly in the importance of preserving what our community is all about. Friends of his constantly ask him why he continues to go to extraordinary means to represent the citizens, like traveling from Cleveland every two weeks for commission meetings, at his own expense, while he was based there for a year of his term. His response has always been, “Someone has to be foolish enough to do it.” That’s evidence of Dennis’ self-deprecating wit.

Dennis is a man of great integrity. He’s an asset to our community, and we need to make sure he continues to be our commissioner by voting for him on Aug. 9.

Robert Mangrum
Rehoboth Beach

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Rehoboth benefits from Zellers

I have been vacationing or living in Rehoboth for more than 60 years. My grandfather built here in 1911. I believe I know Rehoboth. I have seen the good and the bad over the years. Lorraine Zellers is “the good.” She loves Rehoboth. She will work hard for all of us to keep this the first-class town it is.

Lorraine does not have a hidden agenda, does not have business investments or anything that she can prosper from. She is very open-minded; if she does not know the answer to your question, she will get back to you.

Lorraine would be a benefit to Rehoboth as a city commissioner. With her class and charm she is an asset to Rehoboth and will work diligently for the good of Rehoboth. On Aug. 9, I encourage you to vote for Lorraine Zellers.

Carol Popham
Rehoboth

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Kuhns should check facts before misinforming

Rehoboth Beach mayoral candidate Paul Kuhns has been spreading misinformation about the ocean outfall option for the city’s wastewater. He has told people who live on Henlopen and Columbia avenues that the city would have to chop down trees along the city’s right-of-way in order to install the system. That is not true. If the city opts for ocean outfall, the only excavation will be under the street surface that is already black-topped. It will not be necessary to cut down trees. Mr. Kuhns will say anything in order to promote the land application program touted by Tidewater Utilities.

Why did Mr. Kuhns wait until only two weeks before the election to disclose the fact that his brother is in charge of Tidewater’s account to purchase land? The failure to disclose is especially disturbing after Mr. Kuhns vote against a conflict of interest policy for the city commissioners. Mr. Kuhns continues to disparage a local political action committee (PAC), Save Our City. He is silent about another local PAC, Citizens for Rehoboth. That PAC was formed three years ago and supported Bob Sokolove for mayor. Major contributors to Citizens for Rehoboth Beach were local developers. Many of those developers also signed Kuhns’ petitions to run for city commissioner two years ago and now for mayor; those developers also have Kuhns’ political signs in their yards and those of their listings. That PAC (Citizens for Rehoboth Beach) has not made any filings with the state’s Department of Elections since year end 2005, a violation of the state’s election laws. The result of the illegal violation is that voters cannot see whether there have been other contributions to Citizens for Rehoboth Beach or from the Citizens to Rehoboth candidates. Mr. Kuhns’ silence on this PAC supported by the real estate industry is telling. To check the facts for yourself, go to http://elections.delaware.gov/. Connect the dots.

Timothy C. Spies
Rehoboth Beach

July 25, 2008

In the Cape Gazette today:

Architect concerned
As an architect who lives and has designed homes in Rehoboth Beach, I care deeply about the sensible zoning and other ordinances and policies that have been enacted by our courageous city leaders over the past several years, with substantial citizen input and support, to protect and enhance the very special character and scale of our great city. I know where Mayor Sam Cooper stands on this as we head toward the Aug. 9 election. The mayor has been at the forefront, fully and consistently in support of these actions. He is known for his honesty and integrity. He is independent and beholden to no one. He is trustworthy and fully committed to maintaining these ordinances and policies, and working in whatever other ways he can to ensure the character of Rehoboth Beach is protected.

I can’t say the same about his opponent, Paul Kuhns. While his current letter to voters says he is not interested in “dismantling” the zoning laws and tree ordinances we have in place, I am not certain I can believe that. Here’s why: When Kuhns was running for commissioner in 2006, city leaders had put forth a FAR refinement ordinance that was coming up for public hearing after the election. The proposed ordinance was viewed by most as a creative and positive overlay on previously enacted ordinances, which would among other things encourage the use of front porches and make more flexible the use of attics and cellars, etc. The ordinance eventually passed, of course, but it is Paul Kuhn’s behavior before passage that causes me to question his honesty and integrity.

During the campaign, Kuhns was refusing to say whether he would support the proposed ordinance “until he had talked with all the people.” At the very same time, he was quietly emailing another candidate for commissioner asking that candidate to secretly work with him to defeat it. In the email, Kuhns wrote, “I think they [proponents] see the deadline as the election. If both you and I win there might be a chance that they may be defeated 4 to 3.” What Kuhns thought was a secret email was shared, and thus we know of his duplicity. I believe his hope was to avoid taking a position on the ordinance until after the election when he could then work openly to defeat it against the will of the majority of Rehoboth Beach citizens.

Maintaining and enhancing the character of this special city is an extremely important issue to all of us citizens. In light of Kuhn’s disgraceful behavior in 2006, and in light of his ethical breaches that have been noted recently by others, I cannot possibly consider Kuhns a viable candidate for mayor at this time of great challenges. Please join me in voting for the man who has a proven record of accomplishment and fiscal and ethical responsibility - the “Mayor for ALL of Rehoboth” – Sam Cooper. Vote as well for the two candidates for commissioner who can work best with Sam in furthering all of our interests – Dennis Barbour and Lorraine Zellers.

James E. Ellison
Rehoboth Beach

Kuhns responds to fearmongering group
As was the case two years ago, there is a small group of people in Rehoboth Beach that are fearful of my being elected to the position of mayor. For some reason, this group seems to think I pose a major threat to their personal existence and therefore feel that the best counter is to create innuendo and scare tactics to keep people from speaking with me and voting for me. I am addressing the innuendo and scare tactics in this letter. I once made a suggestion about the make-up of the city’s committees and commissions. I was thinking that it may be more efficient to have local people available for frequent meetings. However, after consideration and discussion with the rest of the commissioners, I believed the suggestion was not in the best interest of the city after all. I moved on and never brought up the subject again. I have many ideas for the city that I voice and if they don’t work, I accept it and move toward other, more pressing issues. Workshops are for discussions, ideas and solutions.

The group is also insinuating that I would like to frivolously spend $40 million of the taxpayers’ money on a convention center and parking garage to rival Ocean City for its business. This is absolutely false. We have a “community center,” which is called the convention center, which is used for various civic and commercial functions. I would like to continue that use. However, I do not accept losing substantial taxpayers’ dollars on an annual basis, as the present administration is willing to do. I do believe upgraded amenities to the facility would create the revenue needed to break even and would be very reasonable and cost effective in the long run and should be explored. Right now I want to use the space behind the firehouse for a more valuable purpose. It is a property with the potential of 125 parking spaces even without a garage, and with almost no cost whatsoever, it could produce significant revenue. Why do we collect trash and recyclables in one of the most valuable properties in the downtown?

Finally, one of the leaders of this group recently penned a couple of very inflammatory letters to the editor, questioning my credibility. This individual referenced a couple of items. I will discuss the most disturbing.

The commissioners of the City of Rehoboth Beach are in the very early stages of investigation into a solution for its major wastewater problem. The community has been assured by the present mayor that there is only one viable solution. As a commissioner I owe it to my constituents to make sure we examine all of the relevant information. There are other solutions. I brought two outside water companies to the city to discuss alternatives. My brother is an agent for a local real estate firm. His firm has a contract with Tidewater Utilities to find and acquire/lease land. My brother is in charge of the account. Tidewater Utilities was one of the local water companies that presented instructive information to the city, no sales pitch, simply providing information on alternatives that Mr. Cooper has hidden from you.

After consultation with our city solicitor and representatives of the state of Delaware Public Integrity Commission on this very subject, the commission stated, “At present there is no conflict of interest, because at present the events that could raise the potential of conflict of interest are too remote and speculative.”

When it finally comes to a decision involving the choice of a solution and/or a vendor, I will again consider all of the relevant facts and, if I have the need, will recuse myself from the process. It would not be in the best interest of the citizens of Rehoboth Beach to disqualify myself simply due to someone promoting an alleged, perceived conflict of interest.

I say this with all humility; I am disappointed to have to write this letter. I believe this small-minded group will continue to stretch the truth and create innuendo until the election is over, as they have done for the past three years. As I have said before, if you have questions, please contact me directly. As I go door to door, I repeatedly hear that people are tired of this group’s fearmongering. Most people just want to hear what we can do for the community. I am here for the citizens of Rehoboth Beach. If you are looking for facts, call me, and I trust your vote for me will put an end to this type of politics in our small town. Paul Kuhns
candidate for mayor

Kuhns’ idea of progress a disturbing image
Last month I dined with a friend on the patio of one of Paul Kuhns’ restaurants on Route One. Paul Kuhns came to our table to state why he is running to unseat the mayor of Rehoboth Beach. Mr. Kuhns stated, “The mayor wants to keep the city in the l980s. I want to move the city into reality. We’re losing jobs.” Mr. Kuhns then waved toward Route One and said “This is reality. This is progress.” The difference in the vision of the two candidates, Mayor Sam Cooper running for re-election and Paul Kuhns running to unseat the mayor, is stark. The choice cannot be clearer. I cannot imagine voters want Rehoboth Beach to now lurch in the direction Paul Kuhns admiringly calls “progress.” Nancy Martin
Rehoboth Beach

Rehoboth does not need tax and spend leaders
The economy is in a recession, energy prices and food prices are off the charts, we see pictures in the paper of panicky people lining up outside failing banks, and we the taxpayers are footing the bill for the national bailouts. And, oh, yes, we have watched the Dow … and our holdings … go down 20 percent since last fall. Not a pretty picture. And all of us - Republicans, Democrats, Independents, retired, working, residents, part-time residents alike - are caught in the middle of it.

That’s why it seems so puzzling that mayoral candidate Paul Kuhns has pursued, promoted and pushed for a study for the city to build a hulking new downtown parking garage. He also has pushed for the study for the city’s erecting an enlarged, new or renovated convention center. That’s hundreds of thousands of our taxpayers’ dollars to study spending more millions of our taxpayers’ dollars.

Understand, this is after we Rehoboth Beach taxpayers have to fund wastewater treatment and Boardwalk rehabilitation. He is aided in this by city commissioner candidate Ron Paterson, and their political boss, Steve Simmons. Do the taxpayers of Rehoboth Beach need tax-and-spend candidates with the economy in such bad shape? And does Rehoboth Beach even need an outsize new parking garage and garish new convention center to “compete with Ocean City?” Maybe Kuhns and his colleagues have an “edifice complex.”

Add this to still unresolved conflict-of-interest questions and an attempt by Kuhns last year to disenfranchise from civic participation all nonresident voters living 50 miles or more outside of Rehoboth Beach, and it seems to us you have a young, energetic guy who needs a little - maybe a lot - more time to learn what our community is really all about. He just may have been listening to the wrong people.

It makes the fiscal hawks, Mayor Sam Cooper and commissioner candidates Dennis Barbour and Lorraine Zellers, hard not to vote for.

Stan and Betsey Heuisler
Rehoboth Beach

Barbour a selfless, dedicated commissioner
Many citizens of Rehoboth know Dennis Barbour for his creativity in helping to craft and have adopted the incentives to the FAR ordinance. Others know him as the leader in drafting and adopting the city’s comprehensive tree ordinance. When Dennis ran for office as a nonresident city commissioner, he lived in Washington, D.C. What many don’t know is that his work carried him to Cleveland for 11 months in the middle of his term. In order to fulfill his obligation to his constituents, he flew back to Washington and then drove to Rehoboth at least twice a month to attend the city’s commissioners’ meetings and then turned around the next day to return to Cleveland.

That is the kind of selflessness and dedication we need in a public servant. Now he is back in Washington permanently and looks forward to serving the citizens of Rehoboth for another term.

Some folks may fault Dennis for not attending the dozens of local county and city committee meetings that are scheduled each month, but Dennis is not a micro-manager. He is a policy maker. Several commissioners bury themselves in so much minutiae that they cannot focus on the big issues.

Thanks to Dennis Barbour and the city commissioners who have supported his efforts, the city is an increasingly more attractive place to live and vacation. Houses in scale with their neighbors and a green canopy of trees over this city by the sea are important to me.

Finally, at the July 18 debate an audience member asked each of the five candidates if he/she would pledge to not take any action that would reduce the current rights of nonresidential homeowners, such as voting in city elections and being eligible to serve as a city commissioner. Only Dennis Barbour, Sam Cooper and Lorraine Zellers took that pledge. Please join me in voting for Dennis Barbour, Sam Cooper and Lorraine Zellers on Aug. 9. Joan S. Gary
Rehoboth Beach

Barbour asks voters to examine his record Part-time residents do matter, Commissioner Paterson.
Up to three of our Rehoboth Beach city commissioners can be part-time residents, reflecting the fact that 65 percent of our citizens are part-time residents. This is part of our proud heritage of including part-time residents in our civic affairs and giving them the right to vote in our elections.

I am currently the only nonresident city commissioner who lives beyond one mile of our city limits. At the Rehoboth Beach Homeowners’ Association debate last week, Commissioner Paterson said that he believes that all commissioners should be full-time residents of Rehoboth Beach. He cited as a reason for this belief the fact that he has attended so many local, non-commission meetings in the past three years.

I believe that incumbents should be assessed on their accomplishments, not on the amount of time spent at meetings. As a nonresident commissioner for the past three years I have major accomplishments that I can point to, among them important revisions to our zoning code and our comprehensive tree ordinance. Mr. Paterson can point to the amount of time he has spent in non-commission meetings.

If Commissioner Paterson is re-elected I fear that one of his major accomplishments in his second term will be to eliminate our nonresident commissioners as well as the franchise for part-time residents. This is a critical election for all of our citizens. I hope you will examine my record before deciding which incumbent you will vote for. Dennis Barbour
Commissioner, City of Rehoboth Beach

Commissioner Paterson distorts the truth People lie, facts do not lie.
Ron Paterson, running for re-election as city commissioner of Rehoboth Beach, has a problem with the facts. For those of us who want a city commissioner who is honest about the facts – apart from whether you agree with all his policies – then Mr. Paterson does not deserve our vote.

At public meetings he has misrepresented the impact of the 4-3 votes by the city commissioners since last fall. He claimed that there have been only five such votes, a small number in comparison to all of the votes cast by commissioners. But the facts are that the number of 4-3 votes is higher, and, more importantly Mr. Paterson cannot or will not distinguish between unanimous votes on minor matters like spending money on playground equipment and the 4-3 votes on substantive issues. The facts are that the 4-3 voting bloc in which Mr. Paterson voted with the majority votes (including Mr. Kuhns) has weakened our zoning and tree ordinances; the voting bloc has approved proposals for expending huge amounts of money on plans for a grandiose municipal complex with parking garage and enlarged convention center, and the voting bloc even voted down a conflict of interest policy for themselves!

Mr. Paterson has also chastised one of his opponents for joining with two citizens in filing and winning a Freedom of Information Act (FOIA) complaint against the city in connection with efforts to make the planning commission more friendly to developers. But the facts are that the attorney general found that the city violated the FOIA law, primarily because Mr. Kuhns initiated discussions that went beyond the agenda that was advertised to the public. Further, as to Mr. Paterson’s disapproval of the expense and the time he had to spend answering the attorney general’s questions, the facts are that if Mr. Kuhns had stayed within the bounds of the law, no money or time would have been spent. Mr. Paterson appears to believe that the state’s sunshine laws and transparency in government are not worth defending and that when he participates in decisions that flout the law, he should not be held accountable.

In response to a question on why he participated in the 4-3 vote to gut the planning commission, Mr. Paterson claimed that he “asked for statistics” (his words) which allegedly show that the planning commission has become more efficient as the result of his effort to reduce the number of its members. He claims that when he was chairman of the planning commission for two years, decisions were made more quickly – and that in the two years after he left the planning commission, the time to move a subdivision application through to decision “increased greatly.” But the facts are that Mr. Paterson never asked for any statistics from the city or any independent party, but instead he apparently read meeting minutes and then concocted his own “statistics” based on his own self-serving analysis that was intended to justify his vote. The facts are also that Mr. Paterson’s analysis and his conclusion are out and out wrong because there is no great disparity between the time that it took the planning commission to reach a decision during his two years compared to the following two years. The facts are that while Mr. Paterson was chairman, several decisions about subdivision applications took three, four and five months – not the two months he refers to as “the most ideal situation.” Perhaps it’s time for Mr. Paterson to identify what person he “asked for statistics” and exactly what those “statistics” show. More important, in his rush to defend his position to make the planning commission a more favorable venue for developers, he also fails to acknowledge the fact that some subdivision issues simply require more time to make sound, rational decisions than do others – yet in his view, apparently a very quick decision is better than a good decision.

Although Mr. Paterson is a retired high school teacher of government, he has failed to master the most fundamental principles for good government: honesty, integrity and transparency.

There does appear to be one fact that Mr. Paterson got right: he has bragged about never missing a single city commission meeting, while admonishing one of his opponents for an occasional absence over a three-year period. But, with Mr. Paterson’s record of distorting facts and his disregard for the truth, I wouldn’t want him representing me at city hall no matter how perfect his attendance record.

Timothy C. Spies
Rehoboth Beach

Zellers will make a great Rehoboth commissioner
Lorraine Zellers is a breath of fresh air in a campaign that desperately needs it. She has been active for years in the policies and politics of our city, and is now ready to take on the issues as our city commissioner. I have seen Lorraine at public meetings, at open gatherings of interested citizens and in discussions of our comprehensive development plan, and I have been impressed with her insight and knowledge. In her 10 years of owning a home in Rehoboth Beach, she has made contributions to the public policy discussion that few can equal.

As she makes her run for office, Lorraine has been walking our neighborhoods and listening to the views of citizens across the city. She appreciates the issues that face the city and she is prepared to assume a position of leadership. Her years of involvement in Country Club Estates Property Owners Association and in Save our Lakes Alliance 3 have shown her to be a clear thinker and an active participant in worthwhile efforts to make our great city even greater. In her words, “Every city has to grow to retain its vitality, but that growth should occur in a way that enhances, rather than replaces, what’s already here.” Lorraine will continue to work to preserve our natural environment, to build the success of our commercial businesses and to pursue worthwhile city projects only when we have the funds to pay for them. Lorraine Zellers is exactly what we need on the city commission, and I urge all my neighbors to vote for her on Aug. 9.

Howard Menaker
Rehoboth Beach

July 24, 2008 (Rehoboth Beach, DE). Barack Obama, John McCain, Hillary Clinton, Ron Paul …. and now Sam Cooper? Yes, as part of his campaign for re-election as Mayor of Rehoboth Beach, Sam Cooper is reaching out to voters with a YouTube video entitled “A Pivotal Year for Rehoboth Beach Elections” – which can be viewed at www.samcooperformayor.com. City Commissioner candidates Dennis Barbour (who is also running for re-election) and Lorraine Zellers (who is running in her first election) also join Mayor Cooper in the video. This is the first time that any candidate in Rehoboth Beach has used YouTube to communicate with voters.

Mayor Cooper explained that “I’ve been going door-to-door to speak with many voters, I’ve sent out letters, and I’ve taken part in the scheduled debates. But there are many other voters who want something more – full-time residents who have busy schedules, and part-time residents who aren’t here every week. YouTube is a great way to connect with these other voters – and, quite frankly, it fits in with my overall approach of accomplishing a goal in a fiscally conservative way.”

Although the YouTube video is a creative way to reach voters, Mayor Cooper realizes that he’s not ready for Hollywood. “OK, I don’t have movie star looks and a speech coach might make me sound a little better. But I’m a genuine guy, and one thing I know is that I love this City and my accomplishments show that I’ve been a good Mayor. Many years ago a presidential candidate asked a question like, ‘Are you better off today than you were several years ago?’ For the residents of Rehoboth Beach, I think the answer is ‘Definitely’”.

From today's Cape Gazette.

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Go to www.samcooperformayor.com to see the YouTube video!

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See also pages 28 and 29 of today's Cape Gazette:
"Rehoboth Beach Politics 1914 - 2008; How the Citizens Preserved Our Heritage," by Sam Cooper.

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Nancy Martin

July 24, 2008

All are invited to the "Coffee with the Mayor" under the tent on the Mayor's lawn this Sunday 11 a.m.to 1 p.m. This event promises to be as much fun as the "Coffee with the Mayor" three years ago, when the Washington Post and the New York Times as well as the Delaware newspapers covered the volatile election and the popular event. In 2005 Mayor Cooper won two to one over the challenger who wanted to unseat him as Mayor. That election featured issues that are prominent again in this year's 2008 mayor election.

July 21 2008

(1) Look to www.saveourcityrehoboth.org webside and click the on black recording bar to listen to the complete debate among the five candidates at Friday night's Homeowner Association debate. You might especially want to listen to the five candidates' opening statements.

(2) The City today has had to remove campaign yard signs from those places that impinge on the City's right of way in front of our houses. Generally the right of way can be determined at the point where the telephone and utility poles are erected. Signs can be erected behind these poles. If you find your yard signs have been removed by the City, you can either go to the area behind the City's Building and Licensing building just east of City Hall and retrieve your signs. Or you can email the candidates and ask that new signs be erected by them on your lawn.

sam@samcooperformayor.com
dennisbarbour@gmail.com
zellersforcommissioner@yahoo.com

You can also call Ron Paterson and Paul Kuhns and state you want yard signs replaced.

Many of the yard signs had been placed in front of rental or for sale property.

Nancy Martin
www.saveourcityrehoboth.org

July 18, 2008

You may listen to the recording of the complete candidates’ debate at Wednesday’s event by going to the home page of www.saveourcityrehoboth.org and click on the black recording bar at the top of the page.

As you know, there is a contested mayor race this year. Commissioner Paul Kuhns is running to unseat Mayor Sam Cooper. Voters vote for one.

Three candidates are running for the two seats on the City Commission: Commissioners Dennis Barbour and Ron Paterson are running for re-election to the City Commission and candidate Lorraine Zellers is running for a seat on the City Commission. Voters vote for up to two candidates for the City Commission.

Cape Gazette editor Dennis Forney moderated the debate and posed the questions. You now have a chance to hear directly from the five candidates about their views on key issues raised. You will find interesting quotes in the recording.

Key questions in the debate:

(1) The proposal for the City to erect a parking garage and a new or enlarged convention center in the middle of the city.

Reference to this parking garage and convention center comes up several times in the debate, including strong language. A citizen asked candidate Commissioner Paul Kuhns: “Are you in favor of the city erecting a parking garage in the middle of the city and enlarging the convention center? If not, what has changed your mind?”

Paul Kuhns’s answer: After denying he has aggressively pursued the consideration of the parking garage and convention center, Paul Kuhns said, “Yes, we do need to move forward with this and that because it was in our master plan.. . .

Mayor Sam Cooper’s answer: “Probably 12 or 15 years ago, I was defending what we had, trying to prevent it [the convention center] from being torn down. We made modifications to it. It’s where I think it ought to be; I’m not for expanding it. As far as the parking garage, I’m not for that, and I think what you have heard here is an obfuscation of the facts. Any fifth-grader, if they sat through the meetings of this city commission, for them to sit here and say ‘Oh, we just wanted to study it,’ is just wrong.”

Moderator Dennis Forney then said to the Mayor: “You do not mince words!”

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(2) Fiscal responsibility: Candidate Paul Kuhns stated he knows you have to have a long-range plan and you have to include debt for a city to move forward. Comments by Mayor Sam Cooper stating he is proud of the City's accomplishments, including tens of millions of dollars of majuor projects like Streetscape, the beach replenishment, the storage tanks, the new Lake Gerar Bridge, major projects that have been completed with minor borrowings along with cash grants, and we still have low debt. We would continue on this strong record.

Note the strong letter in today's Cape Gazette on this subject. (Included below.)

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(3) Two alternatives for the City's handling its wastewater disposal and the costs for such: ocean outfall or spray irrigation:

Paul Kuhns: "If the cost is exactly the same, if the cost to our users is exactly the same, if those numbers come out to be the same I would have to go to the spray irrigation.

Mayor Sam Cooper: "It would probably be ocean outfall because we know the most about it. The spray irrigation could be pie in the sky at this point. Paul says 'They think they can.' Well, we're going to put them to the test soon and we're going to see if they can."

Note letter in today's Cape Gazette on this subject. (Included below)

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(4) The responsibility for the action by the City Commissioners in a 4-3 vote to reduce the number of Planning Commissioners serving on that board from nine to seven.

Commissioner Paul Kuhns, who had led the move last October by the City Commissioners to reduce the number of planning commissioners serving on that important city board from nine members to seven, stated he had gone to a couple of Comprehensive Development Plan meetings in the early spring. He had been under the impression the planning commissioners were making refinements. But, Kuhns stated further, it seems the planning commissioners are doing much more. When we actually get the Comprehensive Development Plan, it will be a much longer process.

Commissioner Ron Paterson, who voted with Kuhns to reduce the number of planning commissioners from nine to seven, stated he thought the role of the planning commissioners was to make revisions only. Paterson added, Connie Holland of the State Planning Office has said Rehoboth Beach has the best Comprehensive Development Plan in the state. The planning commissioners are bringing in a lot more issues. Are they revising or are they writing a new plan, Paterson asked.

Mayor Sam Cooper: We passed the first Comprehensive Development Plan, called the Long-Range Plan, in l996-1998. That was long before the State began mandating the CDP process every five years for all municipalities. The Planning Commissioners are looking at a new plan, not just putting a new cover on the 2004 CDP! This is important.

Candidate Lorraine Zellers stated she had gone to last Saturday's planning commission public meeting. She found the commissioners are doing a tremendous amount of work. She would have voted against the other commissioners' efforts to reduce the number of planning commissioners from nine to seven.

Commissioner Barbour: It was from the Comprehensive Development Plan process that Rehoboth Beach has gotten to the enviable place we are in now. He was opposed to the effort to reduce the planning commission.

See Cape Gazette letter on this subject. (Included below.)

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(5) Transparency, truthfulness, and citizen involvement

Commissioner Dennis Barbour noted that when he was elected to the City Commission in 2005, there was a spirit of collegiality and working together on the City Commission. Much progress was made toward passing ordinances that ensured property values were protected and enhanced, neighborhoods and our small commercial district were protected, efforts that were successful to continue to protect the unique character of Rehoboth Beach and make our city the envy of other resort cities. Citizens worked with city commissioners to ensure this progress. Now citizens, in overwhelming numbers, write to the city commissioners their views on significant matters of concern, and they are ignored or shoved away.

See Cape Gazette letter on this subject. (Included below.)

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(6) Supporting the business community

Candidate Kuhns urged the city encourage tourism. Policemen need to be small ambassadors. Take police cars off Rehoboth Avenue. "Speeding in the summer is not something we need to be concerned about."

Commissioner Barbour noted Paul Kuhns championed the raising of the parking meter fees.

Letters in today's Cape Gazette:

Mayor Cooper, Barbour, Zellers the fiscal conservatives
Debt - That is what is wrong with America, Paul Kuhns, candidate for mayor of Rehoboth Beach, stated at last Wednesday’s chamber of commerce candidate forum that any well-run city must have debt. He then referred to Middletown as a model to aspire to in terms of growth and debt. Middletown, once a small, charming and historic town, has annexed hundreds of acres of farmland over the past 20 years and now faces the consequent increase in population and urban sprawl. The population increase has overwhelmed the city’s infrastructure. The city is also heavily in debt. If anything, Middletown is a model to be avoided. Mr. Kuhns further stated that the current trend today is for municipalities to operate with debt.

Compare Rehoboth Beach to Middletown. Rehoboth‘s population and housing have remained fairly constant over the past two or three decades. In the early 1990s Rehoboth wisely decided not to annex nearby municipal and county land because the city would then lose its control over its beach. The beach, Boardwalk and Bandstand are truly the greatest draw to our fine city. People do not drive halfway across America to shop. Today Rehoboth has a small debt of about $2 million and a budget of about $16 million. Mr. Kuhns is proposing an increase in debt of $70 to $100 million to finance grandiose projects like a new or bigger convention center and a parking garage. That is a staggering amount for any city with a $16 million budget. Does he plan to annex land or drastically increase the housing in order to pay for this mountain of debt?

For sound growth, fiscal restraint and responsible leadership, vote for Sam Cooper for mayor, and Dennis Barbour and Lorraine Zellers for city commissioners.

Dottie Blakely
Rehoboth Beach

Mayor Cooper has impressive record
My husband and I own a condo in the Patrician Towers and have been in there 38 years.

I feel strongly that Mayor Cooper should be re-elected based on his extremely impressive record and accomplishments. Other factors in this election concern me a great deal.

Mary J. Keeling
Rehoboth Beach

Zellers has best view of what Rehoboth should be
I am writing to endorse the candidacy of Lorraine Zellers for Rehoboth Beach City Commissioner. I have known and worked with Lorraine Zellers for 28 years and have found her to be an exceptional person. My view of an elected official is one that is intelligent, honest to a fault, transparent in all dealings, and able to listen to the constituency and make informed decisions.

I can say, unequivocally, Lorraine Zellers is all of the above. She has exhibited these characteristics throughout her professional life. She runs major pharmaceutical trials, ensures the accuracy of the data and manages budgets to stay in the black.

You may ask why I, as a resident of Henlopen Acres, care about what happens in Rehoboth? I have been coming to Rehoboth Beach for 60 years with my family. At one point, I searched from New Jersey to Virginia to see if I could find a better place for a summer home. After all my searching, I found out that Rehoboth is the best. I care deeply about the city and what happens in it. While I may sleep in Henlopen Acres, I eat and shop in the city. Over the last 60 years, I have spent countless American dollars in Rehoboth businesses, including some of those owned by several of the current commissioners.

Lorraine Zellers shares my views of what Rehoboth should be and I urge you to vote for her on Aug. 9.

Dr. E. F. Shaw Wilgis
Henlopen Acres

Conflict of interest
Several weeks ago I wrote a letter criticizing Paul Kuhns for not disclosing his ownership in several businesses around Rehoboth Beach’s city hall before advocating improvements to the convention center and a new parking garage. I also criticized Paul for failing to disclose his brother’s relationship to Tidewater Utilities while Paul pushes for Tidewater to dispose of the city’s sewage effluent. Elizabeth Clark responded, calling my letter, “another sad example of the scurrilous attacks that are being waged against our citizens who run for office.” She went on to explain that Paul has an extremely close relationship with his family.

I admire Paul’s devotion to his parents and his brother. In no way would I ever want to criticize his personal life. I agree with Ms. Clark that personal attacks have no place in public discourse.

My disagreements with Paul are entirely related to the way he has done his job as commissioner and his failure to follow Delaware state law regarding conflicts of interest. I acknowledge that my comments are critical, but they are not personal.

The fact is that Paul owns several businesses that would directly benefit from improvements to the Rehoboth convention center and may benefit from a parking garage. Paul has not disclosed these conflicts of interest. More importantly, in the next several years, the City of Rehoboth Beach will need to find an alternative disposal method for our sewage effluent. Paul wants to force residents to pay Tidewater to spray the effluent on land that his brother has been hired by Tidewater to find and purchase. Tidewater charges its customers four times the Rehoboth Beach rate for water; there is no reason to believe they would charge less for effluent disposal. Using Tidewater will probably cost each Rehoboth homeowner an additional $1,000 per year and Paul’s brother stands to gain significantly if Rehoboth chooses Tidewater. Paul should follow the Delaware Public Officials Code of Conduct, disclose his brother’s relationship with Tidewater and recuse himself from any votes or discussions regarding the disposal of sewage effluent or Tidewater Utilities.

Richard Sargent
Rehoboth Beach

Vote Cooper, Barbour and Zellers in Rehoboth
Saturday my husband and I attended the Rehoboth Beach Planning Commission workshop meeting to offer input for the comprehensive development plan, the blueprint to guide all city action in planning for the future of our city. I was struck by several things that happened at the meeting:

First, I was impressed by the efforts of the planning commission to seek input from the public on any and all issues affecting the future of our city. Saturday’s public meeting was just one of a series of well-advertised workshops that the planning commission has been holding this year. Likewise, we were impressed by the report of the many individuals who have responded by providing written comments and/or attending these special workshop meetings as well as the planning commission regular meetings.

Second, it is abundantly clear that the planning commission is a dedicated and hard-working group. It remains committed to serving the city despite having had its membership abruptly reduced from nine to seven at the very time its workload was significantly increased with the conduct of the state-mandated review and update of the city’s plans for the future.

Third, consultant Bruce Galloway spoke about the importance of having site-plan review of all large-scale developments and the inadequacy of the current city code in this regard. We were not aware of loopholes in the code that allow some large developments to take place without review. Clearly this is something that the planning commission should not wait until it completes its update of the CDP to recommend corrective action. Fourth, in response to the many citizens who wrote to the planning commission and who showed up on Saturday to express opposition to a parking garage or a new or enlarged convention center in the middle of our small city, Chairman Dr. Preston Littleton stated that this issue of a parking garage and a new or expanded convention center seems to have gotten on a fast track at the city commissioners’ level without input from the planning commission. No recommendation for a parking garage or a new or enlarged convention center appears in the state-approved 2004 comprehensive development plan. Regarding the current review and update of this plan, Chairman Littleton stated that the planning commission has been in the information-gathering phase and has not yet begun to formulate recommendations on this or other issues.

One could not leave the workshop meeting without being aware of the importance of the work of the planning commission to the future of our city. But what sticks in my mind is the effort led by Paul Kuhns last fall to reduce and thus handicap the planning commission - and doing so despite 40 or 50 letters from citizens opposing such reduction and no letters supporting such a reduction. This is the same city commissioner who has pushed aggressively for the accelerated consideration, without planning commission input, of the parking garage and also an enlarged convention center. Paul Kuhns will, I suspect, now backpedal on this promotion of either the parking garage or the enlarged convention center issue.

Our Mayor Sam Cooper and Commissioner Dennis Barbour, both running for re-election, voted against the reduction of the number of planning commissioners to serve on that important board. They are the fiscal conservatives who have stated clearly they will not charge ahead with projects like a parking garage and a new or enlarged convention center or other optional capital projects the city apparently not only does not need and cannot afford but also which residents have said they do not want. Lorraine Zellers, candidate for election to the city commission, also is a fiscal conservative who has stated she will not support, most particularly at this time of financial downturn, such big-ticket optional development projects and will do all she can to protect the impressive progress the city has made in preserving the unique character of Rehoboth Beach.

Nancy Martin
Rehoboth Beach

July 15, 2008

The five candidates for election to the Rehoboth Beach city commission and to the mayor's seat will meet in two debates this week. Please come. Running for election for the opportunity to serve is an enormously pressured process. The candidates deserve to see friendly faces in the audience for their debates. Please come. Bring questions you'd like the candidates to answer for you.

The candidates:

Mayor Sam Cooper running for re-election to the mayor's seat. Commissioner Paul Kuhns running for the mayor's seat. Voters vote for one.

Commissioners Dennis Barbour and Ron Paterson running for re-election to their City Commission seats. Candidate Lorraine Zellers running for election to the City Commission. Voters may vote for up to two city commission candidates.

The two debates:

(1) Tomorrow morning, Wednesday, July 16, 10 a.m. in the Commissioners Room at City Hall the debate sponsored by the Chamber of Commerce.

(2) This Friday night, July 18, 7 p.m. at All Saints Episcobal Church, 18 Olive Avenue, the Rehoboth Beach Homeowners Association debate.

Nancy Martin
www.saveourcityrehoboth.org

July 8, 2008

In the Cape Gazette: Letters from former Commissioners Patti Shreeve, Mable Granke, Richard Sargent in the Cape Gazette supporting the re-election of Mayor Sam Cooper

Former commissioner Patti Shreeve supports Cooper

To fellow Rehoboth Beach voters,

We chose to move to Rehoboth Beach more than 17 years ago, because of the small-town attributes that persisted here, in spite of years of market influences which had so drastically changed many neighboring resort towns. After becoming involved in city government, I learned details of all the efforts of past commissioners and mayors to adapt to necessary growth and change without losing what we value most about our small city. Our Mayor Sam Cooper has been an important part of this effort, always striving to keep what is best about Rehoboth Beach, while adapting and improving infrastructure and amenities. Having worked with Mayor Cooper for 11 years, I have observed firsthand his ability to determine needs, coordinate citizens and experts to conceptualize major projects, and see them through to fruition in a timely manner with fiscal responsibility. It is easy to look to other government entities and see that this is not always the case.

During Mayor Cooper’s tenure, the city has built two new water towers to ensure plentiful drinking water and necessary water for firefighting. The electric, sewage and water infrastructure under Rehoboth Avenue has been rebuilt as part of upgrading and enhancing the entire roadway. Power lines are now underground, allowing the new trees to mature to shade trees and businesses to be seen without the previous chaos of wires, transformers and poles. The new Bandstand, part of the Rehoboth Avenue Streetscape project, allows a view of our best feature, the Atlantic Ocean, while enjoying the many performances. The entire beach has been replenished, with dunes the length of the Boardwalk. Silver Lake Bridge went through extensive repair and Lake Gerar Bridge has been completely replaced. The water treatment system has been upgraded. Basic city services are dependable and efficient, and recently, the city has coordinated with the state for curbside recycling. All of these projects, large and small, have been funded with city taxes, bond issues, federal and state support in a fiscally conservative manner, strongly positioning the city to face future challenges.

One of the most important current issues facing city government is removing our wastewater treatment system outfall from the canal. This is a complicated problem and will be addressed with the county and the state appropriately. Options need to be weighed, primarily for safety and good stewardship of our environment, with due consideration for costs, both immediate and into the future. I know that Mayor Cooper has the experience and competence to do that. Enhancement of the city’s public buildings is an issue that Mayor Cooper initiated and is committed to; however, he will not proceed in a rash manner to spend taxpayers’ money or raise taxes or take on expansive debt in order to proceed. With great integrity, Mayor Cooper will weigh options and plan a course, along with commissioners and citizens, for buildings that suit our current needs and that we will be proud of for years to come. As someone who has seen Mayor Cooper in action, I am confident that we would benefit by re-electing him on Aug. 9. Change is constant, but for those of us who appreciate this city so much, change should be thoughtful and enhancing to our beaches and Boardwalk, our commercial district and our neighborhoods. Mayor Cooper is keenly aware of the need to balance all of these concerns.

Patti Shreeve
Rehoboth Beach

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Rehoboth needs Cooper’s steady hand at helm -- Letter of former Planning Commissioner Mable Granke

By some standards, I’m still a newcomer. The Granke family started vacationing in Rehoboth in the 1960s. Dick and I decided to retire here and bought our home in 1985. I moved down full time in 1989 knowing two people. It was a decision never regretted. It has been my privilege to serve on the planning commission and help not only with the first comprehensive development plan, but the current adopted plan, and I know the importance of a plan with vision, positive standards and follow-through in implementing.

This is why the next three years are so important for us; we are at a fork in the road and the path we choose is crucial to our well-being. This is why our Mayor Sam Cooper needs re-election. Here’s why:

Sam Cooper serves all of us. He is a life member of the Rehoboth Beach Fire Department. Our city is on solid fiscal ground. When new water storage towers were needed, it got done. Water meters were installed so we could know our water use and conserve. Sam Cooper has developed an excellent working relationship with the state. As a result, the vision and need to revitalize our downtown – Streetscape – was done in a fiscally prudent manner. Beach replenishment when needed was done in partnership with the state. Lake Gerar was improved in partnership with the citizen organization known as Save Our Lakes Alliance 3 (SOLA3) in addition to working with SOLA3 in addressing the concerns for Silver Lake. We had to have a new bridge over Lake Gerar. It is finished and an asset to the city. We are on solid ground fiscally. How many towns or governments can say that?

It is because of competent fiscal prudence and leadership of integrity by our Mayor Sam Cooper. I am now very much on a fixed income with heating oil, gas, electricity, food and health costs on the rise. I need a mayor who works to keep our town fiscally responsible, particularly as we face the critical mandated decision regarding removing Rehoboth wastewater from the canal. We need the steady hand of Sam Cooper. He has my vote! Mable Granke
Rehoboth Beach

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Kuhns fails to disclose conflicts of interest -- Letter of former City Commissioner Richard Sargent

Two years ago, when Paul Kuhns first ran for commissioner, he participated in a debate that was arranged and moderated by his campaign manager. Neither Paul nor his campaign manager bothered to disclose their relationship. Even after they were confronted at the event, Paul said nothing and let his campaign manager try and defend what was clearly an inappropriate situation.

Many people in Rehoboth hoped that the situation was an oversight and that Paul had learned that he should disclose conflicts. Unfortunately, Paul continues to hide his relationships and business dealings from us in direct violation of Delaware law.

The City of Rehoboth Beach has major expenditures in the next few years, but Paul is pushing very hard for the city to demolish the city offices and convention center and replace them with new offices, a larger convention center and a parking garage. With a slow economy and the state and federal government’s focus on getting people out of their cars, there is no state or federal money for this type of project. The residents of Rehoboth Beach will have to pay millions of dollars to fund Paul’s project with little or no benefit except for businesses very close to city hall.

Paul has failed to tell us that he is part owner of at least three businesses and properties directly surrounding city hall. Paul stands to gain significantly if the city builds adjacent to businesses and property he owns.

Why hasn’t Paul told us about this obvious conflict of interest?

In the next couple of years, Rehoboth Beach is required to change where we dispose of the effluent from our sewage treatment plant. As the commissioners look at various options, Paul is advocating entering into a deal with a private company to dispose of the effluent using land application, regardless of the long-term costs to the city. Paul has refused to tell us that his brother is a consultant for the company Paul wants us to pay millions of dollars. Paul’s brother is not just working for this company; he is working on land acquisition for disposal of effluent. In fact, when Paul was asked why he did not disclose his brother’s relationship to the citizens of Rehoboth Beach, Paul said, “It is none of their business!”

Why hasn’t Paul told us about this obvious conflict of interest?

The Delaware Public Officials Code of Conduct, which covers the commissioners of Rehoboth Beach, states that public officials must “avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.”

The code of conduct states that no public official shall participate in the review or disposition of any matter in which the official has a personal or private interest. The code goes on to state specifically that an official “has an interest which tends to impair the person’s independence of judgment,” when their official action “would result in a financial benefit or detriment to accrue to the person or a close relative.”

Paul’s failure to disclose conflicts of interest is no oversight. Paul has decided that it is none of our business who benefits from his decisions as commissioner and that he is not subject to the laws of the state of Delaware. Paul Kuhns does not have the integrity necessary to be mayor of Rehoboth Beach.

Richard Sargent
Rehoboth Beach

July 6, 2008

(1) Campaign announcement: Country Club Estates resident Lorraine Zellers has launched a vigorous campaign, telling why this election is crucial, why she wants to serve on the City Commission. Lorraine Zellers has established a most appealing website full of informationfor us -- about her campaign, her resume and accomplishments, voting facts (absentee balloting procedure, deadlines, dates, times), city business, and other useful links. www.zellersforcommissioner.com Look to the wbsite for information about Lorraine Zellers. And contact Lorraine directly for more information at 302-226-0554 or write to Lorraine at zellersforcommissioner@yahoo.com.

(2) Yard signs: Contact Lorraine directly and ask for a yard sign to be delivered to your lawn.

(3) Party: And the best part: All of us are invited to a "Cocktails and Conversation" party next Saturday, July 12, 5 p.m. to 7 p.m., featuring Lorraine Zellers at 308 Stockley Street, hosted by Walt and Elaine Davis and Carol and Doug Popham. You likely have received your invitation in the mail. Here's our opportunity to meet and talk with Lorraine, share our concerns, and learn Lorraine's thoughts on issues important to us, to our community, to the City of Rehoboth Beach. Mayor Sam Cooper and Commissioner Dennis Barbour, also running in this most important election, will speak as part of the program.

All we have to do is respond by July 9 or as soon thereafter as possible, so that plans can be made: R.s.v.p. Elaine at 302-227-2836 or zellersforcommissioner@yahoo.com

Nancy Martin

July 2, 2008

Chair of our Planning Commission, Dr. Preston A. Littleton, Jr., has announced the date and subject of the next public meeting addressing the update of our critical Comprehensive Development Plan. NOW, in the planning stage, is the time for all of us to provide our input, by appearing and speaking at the Saturday July 12 meeting, or by sending in our comments about what we want our Rehoboth Beach to be.

Nancy Maritn
www.saveourcityrehoboth.org

The announcement:

Rehoboth candidate welcomes voter input

I just wanted to take this opportunity to thank everyone for their kind words, encouragement and support following my filing for city commissioner and last week’s letter to the editor. It means a great deal to me to hear from you. Over the next few weeks, I look forward to meeting and talking with you in person about Rehoboth and your vision for its future. This is an important election and I urge everyone to get engaged, follow the issues and vote. Remember you may vote by absentee ballot if you will not be in Rehoboth on election day. Please visit my web page www.zellersforcommissioner. com. You will find a link to City Hall and information about obtaining an absentee ballot. Also be sure to read about the issues - click on “City Business” and “Ongoing Business.”

Again, I welcome your input and will be chatting with you about these issues.

Lorraine Zellers
candidate for city commissioner

Barbour gives reasons for seeking re-election

I am running for re-election in 2008 to complete the job I was elected to do in 2005, which was to preserve our community through zoning and other ordinances that would retain our City’s quality of life.

Since 2005 I have worked hard to fulfill this mission. In 2006 I authored our comprehensive tree ordinance, one of the most progressive, flexible and fair in the country, and worked cooperatively with other city commissioners to ensure a unanimous vote for passage. Following on that success, and again working with other commissioners, in 2006 I proposed amendments to the zoning code to further preserve the scale of our neighborhoods by encouraging architectural features - like front porches and basements - that allow more residential space for owners who use those traditional features instead of simply “building big.” Again, the vote on that package was strong, at 6-1.

Working together, between September of 2005 and 2006 your city commission made more concrete progress than it had in years on the issues that you made clear - in the 2005 election - were important to you.

Unfortunately, the narrow three-vote majority result of the election of 2006 unleashed a dynamic that tore at the fabric of consensus that the commissioners had worked so hard to develop in the prior year. Suddenly, some city commissioners began to push back in concert with real estate developers and speculators, urging us to “slow down,” “take more time” and “improve the decision-making process.” The record will show that the period from September 2006 to September 2007 was dismal in terms of what the city commission accomplished.

The results of the 2007 election polarized the commission further. Some city commissioners are now focused on things like undoing important parts of our comprehensive tree ordinance and zoning code, developing options for building a $40 million municipal complex without knowing how to pay for it, pursuing alternatives for a parking garage next to city hall that will only encourage several hundred more cars to drive on our streets and even planning for a potentially huge expansion of our convention center so we can “compete” with resorts like Ocean City.

These same commissioners have mounted public and private attacks on citizen volunteers, have imposed a shroud of secrecy on our proceedings and have consistently voted against the expressed views of large blocs of citizens. Commissioner Kuhns has proposed that nonresident property owners should be barred from serving on city boards, commissions and committees. He, Commissioner Paterson, and two other commissioners voted against my proposal to adopt ethical standards for our city commissioners that were based on those that elected state officials must adhere to. These same four city commissioners, including Commissioner Paterson, have consistently refused to schedule city meetings and hearings at times that are convenient for our citizens, opting instead to schedule them on Monday mornings and evenings rather than on the weekend, when many nonresidents could attend. Finally, those same four commissioners, including Commissioner Paterson, have consistently ignored the will of large numbers of citizens who have written to us and appeared at our meetings to oppose their positions on these issues. Making matters worse, three of these commissioners, including Commissioner Paterson, have taken to micromanaging city affairs rather than fulfilling their proper role as informed and unbiased policymakers.

The 2008 election is, if anything, more pivotal than the 2005 election, for it will decide whether we continue with a broken city commission that has a vision of the city that few of us share, - or whether we will elect a city commission that can resume its accomplishment of great things on behalf of all of our citizens.

This past year, serving as Rehoboth’s only remaining nonresident commissioner who lives beyond a mile of our city limits, has been personally draining, contentious and unproductive. I have neither designs on higher political office nor any business interest to be advantaged by being your commissioner.

I decided to run only reluctantly, but did so only because I believe that there is far too much at stake in this election to capitulate to an opposition that does not share the vision of those who elected me to office in 2005. As I said at the beginning, my work on behalf of those citizens who simply want to preserve and protect our community is not yet completed. That said, your vote will determine the course of our politics as we move forward. I trust the voters to decide for themselves what vision they choose for our future.

Dennis J. Barbour
city commissioner, Rehoboth Beach

Rehoboth candidate looks forward to post

Well, the new election season is already here as evidenced by the number of signs and letters already posted. The candidates were certified on Monday and most of the names are very familiar – except for one.

Who is Lorraine Zellers and where does she come from? Why does she want to be city commissioner? All very good questions – here are the answers.

I was born and raised in Baltimore. My husband and I found Rehoboth by accident, fell in love with it and have been coming back for 34 years. I am a concerned citizen and a nonresident property owner. Along with my husband of 39 years, I have had a home in Country Club Estates for the last 9 1/2 years which we’ve renovated ourselves. We have one son, soon to be married. I’ve been in the medical field for 38+ years, the last nine as clinical research coordinator for the Curtis National Hand Center in Baltimore, managing the research initiatives and building teamwork and consensus among different departments with different priorities.

Why am I running? The easy answer is I love this city and want to preserve those special things that make it so unique among its neighboring resort towns. The rest of it is a little harder to answer.

When we first came to Rehoboth 34 years ago, we were immediately captivated by its differences from Ocean City – charming homes, streets with trees that were good for walking and biking, wonderful restaurants and delightful shops, and of course, the beautiful untouched beaches. I believe that these are the things that keep people coming back and should be preserved. Every city has to grow to retain its vitality, but that growth should occur in a way that enhances, rather than replaces, what’s already here. I supported ordinances to reduce the bulk and scale of new construction. Great progress has been made in this area and I’m running to see that progress continues.

I believe we have to be good stewards of our environment and that the trees, lakes and canals must be protected because they are an integral part of Rehoboth. I voted to support the tree ordinance and am running to safeguard it. I have worked with Save Our Lakes Alliance 3 (SOLA3) for the past five years promoting the health of the lakes. I am running to continue that work with the city and other municipalities as they work to solve the problems facing the lakes.

I feel that the city has been managed well and has worked within its budget. Our streets are clean and safe, taxes are low and there is little debt. However, there are critical decisions now facing our city that will influence Rehoboth’s future and the kind of city it becomes. Rehoboth is one mile square – it’s not a huge metropolitan center like Baltimore, Philadelphia or DC. I believe that government has to be prudent in balancing new initiatives with our history and resources, and at the same time consider how those initiatives will impact our community. I want to help create that balance between Rehoboth’s past and its future. I don’t believe in change for the sake of change or progress at the expense of our quality of life.

Rehoboth has to make several decisions in the next few years that will involve taking on large debt for a long period of time. The city needs a plan for wastewater management; it has businesses that need parking initiatives, it has city employees who require more space. These decisions will come with big price tags. I believe in a government that is fiscally responsible so that debt does not overwhelm us. A plan for funding these projects must be in place before they start and I am running to help set priorities and create that plan. In medicine, doctors take an oath to “do no harm” and I am running to ensure that the same principle applies to our elected officials.

With that in mind, I feel that all facts need to be on the table, especially when spending so much money. Our community is so small that, of necessity, people are involved in a wide range of business and personal relationships. I am running for a transparent government and disclosure of any personal or business interests as a way to ensure open and honest deliberation when making decisions that will affect Rehoboth’s future.

As a nonresident property owner, it is particularly important to me that I can vote, hold office, serve on committees and provide input to my elected officials. Rehoboth is unique in that way and I’m running to see that this right is not challenged. I promote inclusion rather than exclusion of all citizens and welcome everyone’s input.

I’m running because I don’t feel that my voice is being heard. Over the past several months, a trend has developed that alarms me. There is dissension on the commission with one side pitted against the other. It appears that a them/us mentality is being fostered. Rehoboth cannot afford this divisive kind of thinking – there is too much at stake. Rehoboth needs elected officials who are working together to make Rehoboth their “special interest” and do what’s best for everyone. I am running because I feel that I can help build the teamwork and consensus that we must have to go forward. We need to set priorities, examine alternatives objectively, get the best job for the money and work together to get things done.

I don’t pretend to have all the answers, but I will tell you that I am willing to work hard for you. I bring a different perspective. I promise to come to the table with an open mind, willing to get input from all of you, willing to listen to options objectively and then make a decision that we all can live with.

I care about this city and want to represent you as city commissioner. In the next few weeks, I hope to meet many of you so we can have conversations about what we want for Rehoboth. I look forward to it.

Lorraine Zellers
candidate for Rehoboth Beach city commissioner

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Nancy Martin, www.saveourcityrehoboth.org

June 20, 2008

"Preserve the character of Rehoboth Beach"

In today's Cape Gazette a report of the citizen input at the public workshop of the Planning Commission last Saturday.

Please note all citizen comments are welcomed -- are urged -- at this important planning stage. Look to the City website www.cityofrehoboth.com and click on CDP in the left-hand links column to read the draft of the current Comprehensive Development Plan now in the process of updating. Then email your comments to 2008cdp@cityofrehoboth.com.

The next public meeting to consider the new Comprehensive Development Plan is set for l0 a.m. Saturday, July 12, City Hall Commissioners Room.

Nancy Martin
nancymartin2@verizon.net
www.saveourcityrehoboth.org

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Rehoboth Beach citizens respond to city's CDP revisions

By Ryan Mavity
ryanm@capegazette.com

Rehoboth Beach business owners and residents came out in force to the planning commission’s latest meeting on the state-mandated five-year review of the city’s comprehensive development plan.

The discussion at the Saturday, June 7 meeting centered on preservation and redevelopment of residential and commercial districts. Other issues also surfaced, such as building a parking deck and renovations to Rehoboth Convention Center.

Rosalyn Merrell of 15 Columbia Ave. said she would favor lowering height restrictions from 35 to 32 feet in residential neighborhoods. She said houses in Rehoboth are too tall and lowering the limit produces houses more in keeping with the character of the city.

Former business owner John Papajohn said there is nothing the city can do to stop people from coming down but the city can take steps to control growth. Papajohn said if the city wanted to create more of a town center, it could allow people to live in upstairs apartments above businesses. He said the city could slow down development by tightening parking requirements for hotels and apartment complexes. He said if the town wants the downtown business community to look nice, it must give incentives to business.

Alex Moore, president of Rehoboth Beach Main Street, said hotels should be required to provide parking but not restaurants or residences. He said the city should work with the Department of Transportation on a more beach-friendly way to get to the beach.

“To go and park in that parking lot, and then getting on a city-style bus and riding into town, isn’t particularly appealing to me,” Moore said. “Something like the Boardwalk Tram in Ocean City, a trolley or something open-air would give you that beach feel.”

Lou Wood of Rodney Street said she thought the city was moving in a lot of different directions with no central plan. Wood said crime is rising in the city but officials are not addressing it.

Tina Trapnell, who lives on Maryland Avenue, said it was good that the commission had a vision for the city but a vision was not enough. She said she was not in favor of bringing more events to the convention center and that the appeal of Rehoboth was its small-town ambiance.

“I’m not interested in revolutionizing a good thing. This isn’t Ocean City. The attraction of Rehoboth, as was mentioned, is the beach. But it is still considered a place where you can go and enjoy yourself. If you want to have rock and roll or something, you can go to Ocean City. That is not the allure that Rehoboth has,” Trapnell said.

Joyce Lussier of 99 Henlopen Ave. said she was against having a parking garage because she did not see the need to bring more cars into Rehoboth.

Former Commissioner Patti Shreeve said it is becoming harder to define what Rehoboth is. She said she favored the idea of improving the transportation system to have a bus or trolley Plan that only takes people around Rehoboth.

Dale Lomas, owner of Atlantic Liquors and the Crosswinds Hotel, said property owners need incentives to build nicer buildings. He said citizens and city officials need to keep an open mind when it comes to building a parking garage in the city because it might be needed, not only for beach parking but for parking for city employees. Finally, Lomas said, there was a wall between city residents and the business community. He said one way to rectify that was by having more community-based businesses, such as a grocery store, that would keep locals in town to buy goods, instead of going out on Route 1.

Commissioner Harvey Shulman said of an in-town grocery store, “The last CDP was very specific in highlighting the need for an in-town grocery store. It’s not to take away from the small markets that do a very nice job. We recognized five years ago the need for a grocery store, as well as other business. In that five-year period, we’ve actually had discussions on other loss of businesses, like the pharmacy. It’s amazing you can see more lawyers in Rehoboth than you can see doctors and dentists.”

Shulman said the city could give some incentive to businesses, like a grocery store, to come into town but that it was also up to the business community to help come up with ideas to bring more community-oriented businesses into town.

Bill Shields, owner of Aqua Grill, also said Rehoboth was losing its sense of community and suggested one way to fix that is to allow more multiple-use buildings. He said some of the city’s traffic problems are caused by people coming in from their residences on the highway, instead of having an apartment or condo in town. Shields said that has also had an effect on businesses because instead of going to places in town, people are getting their food and supplies from out on the highway. Finally, he said customers at his restaurant have complained about parking meter prices within the city.

Still, Shields said it wasn’t too late for the city to build more of a sense of community. “There’s no other town where everybody melds and respects one another,” he said. “It’s a wonderful, wonderful place.”

Chairman Preston Littleton said he was very pleased with the broad perspectives offered at the meeting, in particular the input from the business community.

The next meeting on the comprehensive development plan will be held at 10 a.m., Saturday, July 12, in the city commissioners’ room. An agenda has not yet been released.

May 30, 2008

In today's Cape Gazette:, Letters:

Save Our City should be applauded for PAC

Paul Kuhns is wrong about political action committees (PACs) (Cape Gazette, May 23). I can say this as someone who has worked on campaign finance reform for years.

First of all, a PAC is required under Delaware state election law if an organization is involved in political activity. The purpose is to provide greater transparency by reporting requirements for contributions raised to influence elections. PACs hold contributors to a high standard of accountability. Unfortunately, too many interest groups refuse to comply with state law and the lack of strong enforcement often allows them to get away with it. In 2007 in Dewey Beach, Citizens to Preserve Dewey formed a PAC to comply with the law and amazingly enough was criticized for it by other groups that thumbed their nose at the law. We naturally asked the Delaware Elections Commission to investigate their failure to comply.

Save Our City in Rehoboth Beach has chosen along with other citizen groups to form a legally required PAC and should be applauded for it - not criticized. Anyone who thinks less of them for compliance does not understand the value to the electorate of PACs and the reporting they require.

Joan Claybrook, president
Public Citizen, Washington, D.C. and Dewey Beach owner

Save Our City uses upfront approach

It is my hope that this letter can help clarify the understanding of the reason for the existence of a political action committee (PAC). This type of organization is governed under Title 15 of the Delaware Code and is required if a group of citizens desire to come together for a common concern or to support a candidate and solicit contributions in order to communicate with a mailing or help a candidate run for office. A report must be submitted giving names and dollars spent. It is a public record and allows for access to the record.

It seems to me that this is an upfront and open way to conduct an effort to bring about a needed change in legislation, write new legislation or support that person running for office who subscribes to the same goals of the organized group. I have always gone on the premise that there is strength in numbers.

That is the reason I joined in the efforts of Save Our City, because the organizers of the group had as the primary goal the follow through needed to achieve the vision and goals of the adopted comprehensive development plan and sustain those goals in the current update.

Rehoboth Beach is a beautiful treasure. Walk the streets and experience the feel of a sense of community. We can grow and improve without losing that original charm and the very reason so many of us decided to live here. I, for one, intend to keep striving toward that vision.

Think about it as we approach summer and another important city election. Check out the ins and outs of the requirements for a PAC by calling the state Board of Elections at 302-739-4277.

Mable Granke
Rehoboth Beach

Save Our city not a special-interest group

City Commissioner Paul Kuhns, who fails to acknowledge that he sought Save Our City’s endorsement two years ago, continues his malicious attack on the organization in his letter to the editor last Friday.

Save Our City (SOC) is a citizens’ action group committed to community interests, not “special interests.” Its mission includes preservation of our neighborhoods, the protection of trees and the support of our business community. Judging by the ferocity of his attack, Mr. Kuhns’ goals for the city must be quite different. People’s belief in the goals and mission of SOC is demonstrated in part by the mailing list for its newsletter, which goes to over 700 Rehoboth Beach property owners. Mr. Kuhns’ constant efforts to slur the organization and by inference its supporters reflect poorly on his judgment and call into question his ability as a city commissioner to act in a fair and impartial manner.

Cookie Brusnighan
Rehoboth Beach

Fellow commissioner questions Kuhns

I was taken aback to see “Paul Kuhns for Mayor” signs sprouting up all over town last Memorial Day weekend, before he has even been certified to run for mayor by the Rehoboth Beach City Commission.

However, I was not surprised that he acted before the commissioners had considered his application to run for mayor. After all, in just the past year he acted to gut the planning commission in the face of overwhelming documented citizen opposition to it; he suggested that any nonresident who lives outside of a 50-mile radius be forbidden from participating in organized city affairs, without any documentation that residents or nonresidents were in support of that change; he vetoed the idea of weekend commission meetings in the face of the documented support of citizens who wanted them; he vetoed the idea to have public hearings on our new wastewater options and the construction of a $30 million municipal complex on weekends when residents and nonresidents could attend; and he is the chief champion of an expeditious plan to contract out that $30 million for a new municipal complex without finding out whether the citizens want it and how we will pay for it.

It looks like he’s building some sort of an empire of his design that the public will be allowed to comment on only after the design is complete.

I’m not surprised by any of the above. I am, however, surprised how much his record contrasts with his 2006 campaign motto of “let me be your voice.”

Since his record clearly indicates that he has not been the voice of the citizens who have expressed and documented their opinions to him since he was elected, one has to wonder who he is speaking for. Perhaps an examination of the individuals who signed his petition for election in 2006 and 2008 might render some clues. And perhaps the voters need to ask Commissioner Kuhns directly who is supporting his campaign financially and in kind. Sunshine in government. I fully support it and abide by it. Check my record. Has Commissioner Kuhns?

Dennis J. Barbour
Rehoboth Beach commissioner

Just how independent is Commissioner Kuhns?

In his letter to the editor last Friday, Rehoboth Beach City Commissioner Paul Kuhns asserts that he is one of the “independent thinkers” on the city’s board of commissioners.

When Mr. Kuhns ran for the seat two years ago, seven of the 16 signatories on his petition were local realtors and developers. Earlier this month, Mr. Kuhns submitted a petition to run for mayor with five of the 15 total number of signatures representing local realtors and developers.

Consider those statistics and compare them with Mr. Kuhns’ regressive voting record on planning and zoning issues affecting all Rehoboth Beach property owners. Is Mr. Kuhns primarily serving the interests of the real estate machine, and just how “independent” is he?

Timothy C. Spies
Rehoboth Beach

May 22, 2008

Two important Rehoboth Beach events set for Saturday, June 7.

(1) Planning Commission public workshop: 10 a.m. (All of us are urged to provide input now on certain critical city planning issues.)

(2) Save Our Lakes Alliance 3 lakes clean-up: 9 a.m. to noon: (A fun work project)

The two public notices:

Saturday, June 7

Planning Commission Workshop

10:00am City Hall – Commissioners Room

Seeking your thoughts about the preservation of residential neighborhoods, commercial redevelopment, and affordable housing in Rehoboth

You missed the workshop on walking, biking, and enjoying our parks! Don’t worry, Rehoboth’s Planning Commission is continuing the discussion at its next workshop on Saturday, June 7 at 10:00am in City Hall and we’re adding new topics—

How can we better preserve our residential neighborhoods?

Is there any potential for commercial redevelopment?

What are your the feelings about the plans for the convention center, parking deck, etc?

What are our police and fire needs?

First Street is hazardous – what should we do?

How can we meet the need for affordable housing in Rehoboth?

Are there zoning changes that should be recommended?

How can we finance needed improvements and additions to our commercial base?

Please don’t wait until the end of our Comprehensive Development Plan revisions to speak out.

We need your ideas and your observations to help us do our job. Please stop by and give us a few minutes of your time and experience. We look forward to seeing you.

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And also:

In today's Cape Gazette:

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Rehoboth to discuss website updates
The Rehoboth Beach Communications Committee has scheduled a meeting for 1:30 p.m., Tuesday, May 13, in the city commissioners’ room to discuss requests for quotes received to update the city’s website. The committee will also discuss a draft postcard developed by committee member and resident Hoyte Decker concerning electronic copies of communications for property owners. The committee is also expected to review its policies and procedures, as well as discuss procedures to begin interviews of vendors who responded to the committee’s request for quotes. Rehoboth to meet with county on wastewater The Rehoboth Beach commissioners will meet with Sussex County executive Dave Baker at 7 p.m., Monday, May 19, in the city commissioners’ room, for an information and question-and-answer session regarding the city and the county’s future wastewater disposal needs. At the workshop meeting Monday, May 5, Commissioner Stan Mills proposed an outline for a path forward, including a history of the city’s wastewater plant and background information on how the city was mandated to stop dumping treated effluent into the Lewes-Rehoboth Canal by December 2014. The outline would continue through descriptions and analysis of the current alternatives and culminating in a selection of a future wastewater discharge option. “By having a course outline and timeline, interested parties can plan on attending the entire discussions from beginning to end and be well informed. Like the municipal complex discussions, public input is vital,” Mills said. After the meeting, Commissioner Kathy McGuiness said, the discussion with Baker would help clarify the county’s position and provide the city with some direction. The city and county have been at a standstill on a joint ocean outfall project for months. The county wants the city to chip in an additional $10 million to the proposed $124 million project. The city recently approved requesting proposals from Tidewater Utilities and Artesian Water Co. for a possible spray-irrigation project and also to vendors for an ocean outfall project.

Rehoboth planners to review city parks
The Rehoboth Beach Planning Commission will hold a workshop meeting at 10:30 a.m., Saturday, May 10, in the city commissioners’ room to discuss integrated walks, paths, parks, recreation plans and canal use as part of its mandated five-year review of the city’s comprehensive development plan. With the assistance of consultant Bruce Galloway, the commission will review the city’s current park plans, as addressed in the 2003 plan, and it will receive input from representatives of organizations or agencies concerned with park issues. The commission will identify issues requiring further information and research, as well as additions, deletions, changes or recommendations to be addressed in the updated plan. The commission is encouraging the public to attend and provide input.

Planners to hear motel subdivision case
The Rehoboth Beach Planning Commission will hold a public hearing at 8 a.m., Monday, May 12, in the city commissioners’ room, on a partitioning request for property at 101 South Boardwalk, also known as the Sunview Motel. The owner, Boardwalk Properties LLC, is looking to divide one lot into two, with lot 1 being 6,538 square feet and lot 2 becoming 5,000 square feet. The commission will begin a preliminary review of a partitioning application for 205 Rodney St. The owners, Mark Ronald, trustee of the Mark H. Ronald trust and Mary Ann Ronald, trustee of the Mary Ann Ronald trust, are looking to divide the property into two. Lot 1 would be 5,002 square feet while lot 2 would be 7,503 square feet. The commission is scheduled to begin discussion and consideration of a major subdivision at 43 Canal St. The owners, Paul Lovett, James Lovett and Donna Benge of Oak Grove Properties, are seeking to divide the property into 15 lots. The commission will also discuss action concerning the recommendations from a special meeting held Thursday, April 24, regarding the rezoning of the Rehoboth Elementary School. In addition, the commission will discuss and possibly take action resulting from the Saturday, May 10 meeting regarding the comprehensive development plan review and update, as well as finalize plans for the June 7 workshop meeting and consider public comment on the plan updates.

Rehoboth Beach resident files complaint against city planners

By Ryan Mavity
ryanm@capegazette.com

For the second time in as many months, a Rehoboth Beach commission has been hit with a Freedom of Information Act complaint.

Rehoboth resident and former member of the planning commission Mable Granke has filed the complaint, alleging the planning commission did not give proper public notice for a vote on March 7, regarding property at 507 Lee St.

Granke said if allowed to stand, the planners’ decision sets a dangerous precedent: that the city code can be set aside whenever the planners choose to do so.

On Jan. 17, the commission denied a subdivision application for the Lee Street property due to a crooked side-yard lot line.

The applicant, Lee Street LLC, came back before the commission the next month requesting a reconsideration of the application and a new public hearing, based on a revised side-yard lot line.

City code states that a denied applicant must wait 12 months before submitting a new application.

The commission, by a 3-2 vote, agreed to grant a waiver of the 12-month clause, while the applicant agreed to drop an appeal of the decision to the city commissioners.

In her Freedom of Information Act complaint, Granke said the agenda of the March 7 meeting gave no indication the commissioners would consider a waiver, only reconsideration.

“Based on this information, I saw no reason to attend the scheduled meeting or comment on the same. I strongly object and had I known the subject of a waiver of the code would even be suggested and acted upon, I would have been present,” she says in the complaint.

“Reconsideration means the opportunity to look at a proposal again for discussion and decision. A waiver means the total set-aside of rules and regulations which, I submit, are depended upon for consistency in the administration of our land-use regulations.”

Granke said the decision to waive the code sets a dangerous and harmful precedent. She is asking the Attorney General’s Office to acknowledge a violation of the Freedom of Information Act and void the vote for a waiver.

“The Planning Commission should reissue a public notice and agenda that specifies both the request for consideration and the request for waiver, and also specifies that the application will be considered on the merits contingent on the votes on either or both of the two other preliminary requests (a waiver and the application itself),” she said.

Granke said she had nothing against the property owners and that her concern was about the process by which the commission made its decision.

She said if a waiver of the code is going to be discussed, there should be an explanation how and why.

At the March 7 meeting, city solicitor Glenn Mandalas said the notice on the agenda was broad enough to alert the public that the Lee Street application would be overturned.

Mandalas was not available for comment on this case at press time.

The city will have the opportunity to respond to the complaint and Granke will have the chance to rebut. The decision will then be in the hands of the Attorney General’s Office.

Granke was part of a similar complaint, filed with Commissioner Dennis Barbour and Rehoboth resident James Barnett, against the city commissioners’ decision in October to reduce the planning commission from nine to seven members.

The city filed a response and the plaintiffs have recently filed a rebuttal.

Mandalas said the Attorney General’s Office is now reviewing the matter.

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Nancy Martin, nancymartin2@verizon.net

May 2, 2008

In the Cape Gazette today:

Paul Kuhns signs up as a candidiate in the race for Rehoboth Beach mayor

By Ryan Mavity
Cape Gazette staff
Rehoboth Beach Commissioner Paul Kuhns became the city’s first candidate for mayor Thursday, May 1, in what figures to be a hotly contested election year.

The mayor of Rehoboth Beach runs separately from the seven commissioners and must be a resident. Longtime Mayor Sam Cooper, who defeated challenger Bob Sokolove in the 2005 election, currently occupies the office.

Kuhns, 53, is a partner in the Summer House restaurant and Arena’s Deli. He has been a full-time resident for the past three years but has had a home in Rehoboth since 1987. He lives with his wife Anne Michelle, who is active in the Rehoboth Beach Historical Society.

In a press release, Kuhns said he decided to run for mayor because the current leadership is overdue in facing some major challenges, including rebuilding the Boardwalk, finding an alternative wastewater discharge method and funding the city municipal complex. Kuhns said the cost of these three projects could be in excess of $40 million.

“A strong new leader with a fiscal familiarity is what is needed in the city of Rehoboth Beach right now,” he said. “The wastewater discharge problem facing the city has been well-documented and yet only now, in the 11th hour, approaching an all-important deadline, is the current mayor beginning to view the dumping and the related cost to taxpayers as a concern.”

Kuhns said all major economic development should be administered in a well-thought-out, long-range plan. He said he has already called for a long-range form of budget by endorsing a capital improvements fund to help pay for city projects.

“It is simple. As a commissioner I have firsthand awareness we need to operate differently to be more effective and proactive,” he said. “I am satisfied the current leadership of our town hasn’t and doesn’t want to face some of the challenges I know we need to face. I intend to, and I hope to make certain everyone in our government will be able to work more productively and with as full an understanding of the facts as possible.

Kuhns also said he believes not enough information gets shared with the public, or even with the commissioners themselves. He said, as mayor, he is pledging to keep the public and the commissioners fully apprised of all city meetings, events and circumstances.

“This is a city manager and seven commissioner government and I don’t believe it should be run by one person making monumental decisions, or sometimes not, that affect us all,” he said.

Kuhns said Rehoboth needs a progressive, decision-making leader.

“It is always a bittersweet pill to swallow when we need to make changes in life to things that have become so familiar, but it is time,” he said. “I live here full time, have businesses here operating year round, and I want to be your next mayor. The town belongs to all of us – become part of it.”

Three commissioner seats are up for grabs in this year’s election, Cooper’s and commissioners Dennis Barbour and Ron Paterson. The date for candidates to file is on or before noon on Saturday, June 7. The election will be held from 10 a.m. to 6 p.m., Saturday, Aug. 9, at the Rehoboth convention hall.

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Letter to the Editor:

Barbour is progressive Rehoboth leader I thank Commissioner Dennis Barbour for his excellent letter reminding all of us of the accomplishments of the City of Rehoboth Beach in the past few years, most of which benefited from Mr. Barbour’s leadership, working along with Mayor Cooper and other progressive leaders. He is absolutely right to identify the Rehoboth tree ordinance as a national model, bringing credit both to the city and to himself as its primary author and sponsor. I was able participate as Mr. Barbour developed this detailed ordinance proposal and the sheer investment of his research, analysis and public consultation was impressive. Similarly during this period, Rehoboth Beach cemented its reputation as a premier Delaware city by not only creating a detailed and visionary comprehensive plan through a strong public process but by moving promptly and firmly to implement that plan for the benefit of Rehoboth citizens. Dennis Barbour was a hard-working leader in getting both the plan and its implementation done. It is true that some of the progress that has been made is under attack, as it always will be, by the development community, which sees coastal towns essentially as money-making opportunities rather than places to live a life. The comforting fact is that there is an inherent citizen’s pride in the way Rehoboth looks and feels to those who live there, and there is palpable resistance to change the community dramatically for the narrow profit of outside interests. I have every confidence that the community values that supported the tree ordinance and our model comprehensive plan will continue to make Rehoboth Beach one of Delaware’s finest and most admired coastal communities and that the leadership of elected representatives like Dennis Barbour will make sure this is the case. Guy Martin Rehoboth Beach

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"Rehoboth overturns inspector's decision" (from the Cape Gazette)

The Rehoboth Beach Board of Adjustment, by a 3 - 1 vote, overturned a decision of the building inspector and allowed a property owner at 21 Columbia Ave. to enclose an existing porch of a legal nonconforming structure in the front yard setbacks. The owner, Catherine Johnson, executor of the estate of Cecile Johnson, wanted to install a vinyl pull-down window system over the porch. Johnson and her attorney, Jane Patchell of Tunnell and Raysor, said the swindow system keeps the porch open, does not adversely affect the neighbors, will have no heating or air conditioning unit and provides no living space. Patchell argued the system was not a permanent structure and was consistent with the code definition of an open porch Board members Willis Sargent, Mame Witsil and Paul Flexer agreed with the applicant's argument that the system maintained the open porch. However, board member Clif Hilderley, who voted against overturning the building official's decision, said the window system was a permanent structure and was not consistent with the code.

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What the commissioners will be covering in their workshop this Monday morning, 9 a.m., Commissioners Room, City Hall. (From the City website www.cityofrehoboth.com) Please attend if you can. You can always send questions and comments to our mayor and city commissioners as follows: scooper@cityofrehoboth.com; pkuhns@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; dbarbour@cityofrehoboth.com; rpaterson@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; smills@cityofrehoboth.com; with a copy to information@cityofrehoboth.com.

(1) Discussion of progress on planning for new Public Safety Building.

(2) Discussion of process and schedule for evaluationg the Municipal Complex Master Plan Phase 3 (City Administration Building), Phase 4 (Convention Hall), and Phase 5 (Parking Garage).

(3) Discussion of process, schedule, and criteria for evaluating options for eliminating wastewater discharge into the Canal.

(4) Discussion of revisions to the City Tree Ordinance with regard to requirements for the position of City Arborist.

(5) Discussion of codes and policies in regard to repair of sidewalks and the placement of sidewalks in areas where sidewalks are not continuous.

(6) Discussion of the need to create a formal policy on the placement of private walks, paving, stones, fences, plantings, trees, railroad ties, and other objects in the City rights-of-way by adjoining property owners.

(7) Discussion of the proposed Phase 1 of the Boardwalk reconstruction project and timeline.

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Boardwalk Committee will meet 9:30 a.m. Wednesday, May 7, City Commissioners' Room, to discuss plans for Phase 1 of the Boardwalk reconstruction as well as discussion of building materials to possibly be used in the project. (From the Cape Gazette) "Phase 1 of the Boardwalk rebuild is scheduled to be for the section stretching from Rehoboth Avneue to Laurel Street. The committee will give an update on contracting with a firm to provide design and engineering services for this first phase. The committee will also hold a photo tour of boardwalk towns showing different designs, construction methods, styles, and amenities that will be considered for the new design. In addition, there will be discussion and confirmation of materials to consider for evaluation and possible use in the substructure and decking of the new Boardwalk design. Finally, the committee will discuss and consider establishing pedestrian and vehicle loading parameters and current alternative methods for refuse collection on the Boardwalk."

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Plans for and discussion re the new police station: Rehoboth Beach officials meet with Tevebaugh Associates 10 a.m. Thursday, May 8, Conference Suite, City Hall. All are welcome to attend.

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Evening with White House Press Corps dean and author Helen Thomas Thursday, May 8, 7 p.m. Cape Henlopen High School Auditorium: Helen Thomas has been a close and careful observer of the relationship between the White House and the Press and a lively critic of both. Her opinions are widely respected and sometimes feared. Helen Thomas will speak on contemporary issues and press freedoms and responsibilities. All welcome.

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Nancy Martin, nancymartin2@verizon.net

April 22, 2008

What happened at last night's commissioners' meeting: (Report of Myrna Kelley):

(1) The proposed ER -- Educational/Residential zoning district for the Rehoboth Beach Elementary School property on Silver Lake: Attorney Tim Willard representing the Cape School District presented a brief overview of a newly-created draft of the ER Zoning District, which included provisions that should the Cape District decide to no longer use the Rehoboth School property, the School District would simultaneously submit to the City of Rehoboth a subdivision and site plan for 25 per cent (contiguous) of the total 24.74 acres (roughly 6 acres) under R2 zoning; and, at the same time it would grant to the City 75 per cent of the 24.74 total acres (roughly 18 acres) as open space/park land. A motion was unanimously passed to authorize Mr. Mandalas to work with Mr. Willard on appropriate wording for the final draft of this newly-proposed ordinance. It was also generally agreed that provision should be made to grant the City the first right of refusal on the 25 per cent of the school property, should the Cape School District be vacating the property. Adequate provision should be made for adequate easements to protect the lake from environmental concerns.

(2) Construction contract award for Building and Licensing Department building to Gillis Gilkerson for a bid price of $977,900. Additional quotes included $98,000 for solar power and $14,000 for installation of stand-by generator. There was an analysis and data provided which indicated the solar power option is not cost effective. The Commissioners unanimously agreed to include the option for a generator within the contract award.

(3) Amending the code relating to parking meter fees: City Commissioners unanimously agreed to increase the meter fees for some meters from $1 per hour to $1.50 per hour and some others from $1 to $1.25 per hour.

(4) Conflict of interest guidelines: Commissioner Barbour represented drafted wording for a proposed resolution stating full disclosure/transparency guidelines for "close relatives" of commissioners. Commissioners Mills, McGuiness, Paterson, and Kuhns spoke against the proposed resolution. A motion to accept this resolution failed, with Commissioner Mills, McGuiness, Paterson, and Kuhns voting against the resolution, and Commissioners Barbour, Coluzzi, and Mayor Cooper voting in favor of the proposed resolution.

(5) Boardwalk reconstruction: The Commissioners approved (Commissioner Barbour abstained; question on whether the meeting notice was properly posted) the awarding of a contract for planning and engineering for the creation of plans for Phase One of the boardwalk reconstruction to Kercher Engineering, Inc., in the amount of $193,480.

(6) Parking committee: Commissioner Paterson reported that a review of existing handicapped parking reveals adequacy, with further review anticipated. A motion adding one additional member to the Parking Commission was passed (approved by Commissioners Paterson, McGuiness, Mills, and Kuhns, with Commissioner Barbour abstaining, stating he did not know why an additional committee member was needed). Mayor Cooper and Commissioner Coluzzi voted against the motion.

(7) City Complex Master plan: All commissioners agreed that every effort should be made to involve the public and obtain public input as well as increase public awareness of future plans for the City. Rather than attempt to schedule a separate meeting, it was agreed to include discussion time on this topic during future meetings.

(8) Planning Committee scheduled meetings: Future meetings will be held on the Friday before the third Monday of each month.

(9) Communication Tower: The Commissioners unanimously agreed to approve a fifteen-year extension of the existing lease agreement with American Tower for enhanced fees to the City. The Tower is located on City property.

(10) Agenda format: Suggested changes presented by Commissioner Mills. It was agreed to try out the new agenda format. There was some discussion given to the "addition of new agenda items" wording.

(11) Wastewater discharge alternatives: The Commissioners unanimously agreed to send out an RFP to wide distribution of possible firms, requesting quotes on all options for a solution to the City's wastewater disposal needs.

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Nancy Martin
nancymartin2@verizon.net

April 14, 2008

Mayor Cooper urges all who can to please attend the Cape Henlopen School Board special meeting it is holding at 7 p.m. in the Rehoboth Elementary School cafeteria.

The Board members will be discussing the City's proposed rezoning of the Rehoboth Elementary School parcel from the current R-l (which would permit houses to be built on the large open space now used as playing fields and recreation) to a new zoning classification ER- Educational/Residential, which would protect the open space.

Support your commissioners. Show up Thursday evening if you can. If you haven't written to your commissioners your views on this subject, please do so now. A couple of sentences will do. scooper@cityofrehoboth.com; pkuhns@cityofrehoboth.com; smills@cityofrehoboth.com; dbarbour@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; rpaterson@cityofrehoboth.com, with a copy to information@cityofrehoboth.com.

April 9, 2008

What happened at last night's public hearing re the proposed rezoning of the Rehoboth Beach Elementary School property from Residential to a ER -- Educational Residential and thus protect the considerable open space on that parcel: (Report of Myrna Kelley)

Six people spoke in favor of the new zoning for the school property. In addition, thirteen citizens wrote to the commissioners in favor of the new zoning.

Attorney Tim Willard, representing the Cape School District, and two representatives from the Cape School Board spoke against the rezoning as proposed. The attorney presented copies of precedent decisions and proposed compromise wording to be used instead of the current proposed zoning wording. Proposed changes included changing the word "structure" of existing educational buildings to "footprint" or existing educational buildings, proposed subdividing the property by a yet-to-be-determined percentage (i.e., 75% to remain as open space/park and 25% to be developed/sold, using restrictions in place for R-2 zones (changed from the present R-1 zoning).

It was unanimously agreed to table voting on this proposed rezoning until the next voting commissioners' meeting pending receipt of specific percentage wording that was agreeable with the Cape School Board. Also discussed was a possible draft document from the Cape Board that it would not pursue the pending State bill requiring reimbursement to the Board of any diminishment of school property value, should a compromise agreement be reached between the City Commissioners and the Cape School District.

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Notes from the meeting, which followed the public hearing:

Tree ordinance: Discussion regarding the difficulty in finding a replacement arborist for the City focused on the fact that extremely high-level certifications were being required for a part-time position (two days per week). It was agreed to remove the certification requirement and use "a designated City representative using City criteria" (qualifications/criteria yet to be agreed upon). Threading into this discussion were proposed changes to the existing tree ordinance. References to an Arborist need to be changed; in addition, draft wording was presented by Commissioner Barbour adding provisions to create guidelines for the Park and Shade Tree Committee function and to create an appeals process. Glenn Mandalas was asked to draft an amendment possibly sending any appeal to the Board of Appeals. Further discussion was deferred.

Proposed conflict of interest guidelines: Commissioner Barbour presented draft guidelines for conflict of interest for City Commissioners beginning with a definition of "close relative" and then listing the restricted/prohibited boards, committees, commissions for close relatives (unless specifically approved by City Commissioners). Commissioner Kuhns took exception to this concept stating that Rehoboth Beach is a small town; we need all of the volunteers and help we can get. He distributed the Georgetown Code of Ethics, suggesting Rehoboth Beach could have each newly-installed commissioner sign this Code of Ethics. Commissioner Barbour stated that his proposed wording was simply good government and promoted full transparency with appropriate specificity. The Georgetown Code of Ethics did not accomplish what he was attempting to address. Commissioner Coluzzi and Mayor Cooper agreed with Commissioner Barbour. Commissioners Mills and McGuiness agrees with Commissioner Kuhns.

Wastewater alternatives: We must request updated numbers from the consultant for the ocean outfall alternative and develop RFPs for land-based alternatives. Cost must be considered with a view to dollar values at estimated time of completion, the permit processes must be considered, and environmental impact is of obvious concern. Mayor Cooper provided a power-point presentation on the current wastewater facilities and specific data on existing effluent testing and improvements therein.

Financial advisor: The process for locating a financial advisor was discussed. Commissioner Kuhns and Commissioner Barbour will draft specifications/qualifications for use in the search.

Agenda format: Commissioner Mills presented suggested changes to the agenda format, including agenda approval, specific committee reports, and public comment.

Smoking ban on the beach and boardwalk: Commissioner Kuhns suggested thought be given to implement a smoking ban for the boardwalk and for the beach for the 2009 season.

Nancy Martin
nancymartin2@verizon.net

April 3, 2008

Agenda for Commissioners' Workshop Tuesday, April 8. Please attend if you can.

(Note: The Workshop is scheduled to take place immediately following the public hearing re the rezoning of the Rehoboth Elementary School Property to ER -- Educational/Residential to protect the open space. More information follows re this special public hearing.)

(1) Discuss progress on planning for new Public Safety Building.

(2) Discuss need and process to hire a professional financial advisor.

(3) Discuss City's wastewater facility, the Clean Water Advisory Council workshop held on Mach 19, 2008, and process to select an alternative discharge.

(4) Discuss revisions to City Tree Ordinance to clarify role and authority of Park and Shade Tree Commission, policies governing its proceedings, and qualifications for commission membership. (Commissioner Barbour)

(5) Discuss potential changes in the position of City Arborist as contained in the City Tree Ordinance. (Commissioner Paterson)

(6) Discuss conflict of interest guidelines for service on City commissions and committees by spouses and close relatives of City Commissioners. (Commissioner Barbour)

(7) Discuss agenda format. (Commissioner Mills)

(8) Discuss smoking ban on the Boardwalk and beach for the 2009 season. (Commissioner Kuhns)

(From the City's website: www.cityofrehoboth.com)

Nancy Martin
nancymartin2@verizon.net

April 3, 2008

Important hearing Tuesday, April 8, 7 p.m., before City Commission in City Commissioners' Room, City Hall, 229 Rehoboth Avenue re
(1) the creation of a new ER - Educational/Residential Zoning District
and
(2) public hearing and possible vote on the subject of amending Chapter 270 of the Code relating to the rezoning of the Rehoboth Elementary School property as contained within the ER -- Educational/Residential Zoning District.

Please attend and express your views. The commissioners also welcome your views emailed to them by Tuesday afternoon as follows: scooper@cityofrehoboth.com; dbarbour@cityofrehoboth.com; pcoluzzi@cityofrehoboth.com; rpaterson@cityofrehoboth.com; kmcguiness@cityofrehoboth.com; smills@cityofrehoboth.com; pkuhns@cityofrehoboth.com -- with a copy to information@cityofrehoboth.com.

Our Planning Commission featured the importance of the rezoning of the Rehoboth Elementary School property in our City's Comprehensive Development Plan approved by the State of Delaware and adopted by the City of Rehoboth in 2003, as follows:

THE IMPORTANCE OF THE SCHOOL PROPERTY TO THE CITY OF REHOBOTH BEACH AS ADDRESSED IN THE CITY’S CURRENT COMPREHENSIVE DEVELOPMENT PLAN CERTIFIED BY THE STATE OF DELAWARE IN 2003

[Chapter 5, Page 21, Section 5.2, Park and Recreation Areas – Background statement with recommendation 5.21 b. highlighted]

A key component of the overall park system and the most important current land use issue in the City is the active recreation facility and open space provided on the school property at Stockley Ave. Ext. The current zoning of the property is R-1 Residential which gives it a very high financial value if it were available for subdivision into individual building lots. However, this land has inestimable value beyond the financial to the City because it offers the only opportunity for a variety of active field sports in the Rehoboth Beach area, provides environmental protection for Silver Lake, and is a uniquely valuable community amenity. There are no other sites in the vicinity of Rehoboth that could replace the function of this property. Further, for residents on the south side of Rehoboth, this open space represents a vital recreational resource both passive and active, and is used extensively on a regular basis. The bulk of this site, represented by the open fields, must remain in the community inventory. In the event the land was to be declared surplus, a significant interest of the City would be placed at risk. The City has addressed these issues with the Cape Henlopen School District and the State. The City recognizes their interest in retaining equity in this site should the present site no longer be practical for a school and a new school site may be needed. While the City’s preference is for this site to remain a school, in order to meet the needs of all parties regarding this property, the City will create a new zoning category. This new zoning category will be designed to keep the open space associated with the school, while allowing the existing school buildings to be adaptively reused and renovated for future residential use. An added benefit will be to make the present school a conforming use which, being in an R-1 zone, it currently is not.

5.21 City Policies for the Use and Preservation of its Park and Recreation Areas
a. The City will balance the use of its parks and natural areas between active recreational use and passive leisure use.
b. The City will create a new zoning category for the school property at Stockley Ave. Ext. to preserve the open space associated with the school. The new zoning category will allow for the adaptive re-use and renovation of the existing school buildings for residential use, should this site no longer be practical for a school or education or community related activities.
c. Central Park and Deer Park will be maintained as passive natural areas and will not be used as an active park facilities.

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Note: Mayor Sam Cooper emphasized that the rezoning of the Rehoboth Elementary School property was one of the key elements of the 2003 Rehoboth Beach Comprehensive Development Plan, which was approved by the State in 2004. The State of Delaware Planning Office signed off on the Plan and the rezoning of the school property to the ER -- Educational/Residential zoning.

Note also the statement by Dr. Gary Wray, School Board member, which appeared on page 9 of the March 18 Cape Gazette:

"School board member Gary Wray agreed with Brittingham, 'The school district is not into telling folks what they can or cannot do with their land, and we don’t really like folks, like Rehoboth, telling us what we can do, or can’t do with our land,' said Wray. The school board is asking Rehoboth Beach to not rezone property on which the Rehoboth Elementary School sits to educational/ residential. The school district believes it will lose the value of its land in the downzoning move the city says will preserve open space."

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Again, citizens are uged to attend the April 8 special public hearing re the rezoning of the school property to ER -- Educational/Residential -- to protect the open space. Citizens are urged to express their views.

Nancy Martin
nancymartin2@verizon.net

March 20, 2008

The citizens action group Save Our City bases its very existence on supporting the planning and city commissioners in their efforts to craft, revise, adopt, and implement the crucial State-mandated five-year Comprehensive Development Plan, the blueprint that guides all future City action and decisions, including development and efforts to protect the unique character of Rehoboth Beach.

The website of this citizens action group www.saveourcityrehoboth.org serves the important purpose of providing information to citizens so that they may make informed decisions about the affairs and future of our Rehoboth Beach. Hopefully informed citizens will communicate directly with the commissioners. The newsletters, which now go to a significant and growing number of citizens, focus on providing information re public meetings and hearings and civic issues of importance. All newsletters are posted on the website along with links to the texts of important documents like the Tree Ordinance and the new proposed Comprehensive Development Plan. Much of the information comes from the new city website www.cityofrehoboth.com.

Activity and interest in the Save Our City website: In the eleven months from April l, 2007, to March 1, 2008, the Save Our City website recorded "51,234 hits," the number of times our Save Our City came up in a search engine search. In the same period the Save Our City website recorded "6,809 page views," the number of pages that were viewed on the Save Our City website. And in the same period the website recorded "5,790 sessions," the number of times someone either clicked into the site from a search or typed the website into a browser such as Internet Explorer.

You might want to look to the Save Our City website to review, among other things, the mission statement published in 2005, noted on the website in the link "About."

The mission statement of Save Our City:

We are full-time and part-time residents of Rehoboth Beach dedicated to the ideal of nurturing and improving the unique character of our entire community, and committed to its long-term quality of life. We believe that the best actions and decisions for our City's future are those guided by broad community considerations and a long-term perspective rather than short-term development that benefits only a few but has profound impacts on the character of the City.

We are neighbors who support the increasing vitality of our unique downtown business district, and we enthusiastically patronize and promote our shops, restaurants, and small businesses.

We support the active implementation of the Comprehensive Development Plan by our elected officials, and we work together as active volunteers to support our mayor and commissioners as they make the important decisions on planning, zoning, development, and density issues that protect our City.

We participate, and we actively encourage and engage in public service for the good of our community.

We are committed to the preservation and enhancement of our City's trees and green spaces.

We are concerned about the continuing threats of overdevelopment of townhouses and out-of-scale residential homes, but welcome development that enhances our neighborhoods and adds to the vitality of our commercial district.

We welcome all who share these values to join us as neighbors and volunteers actively working on real issues to continue to save our City.

*Save our City is an informal citizens' organization without officers, except for treasurer, without dues, or staff, raises funds through voluntary contributions, and is registered as required by law with the Delaware Elections Commission as a political action committee. "

Nancy Martin
nancymartin2@verizon.net

March 19, 2008

What happened at the Monday night City Commissioners' meeting. (Report of Dottie Cirelli and Myrna Kelley)

Present: Mayor Samuel R. Cooper; Commissioners Stan Mills, Ron Paterson, Paul Kuhns, Pat Coluzzi. Also City Manager Gregory Ferrese and City Solicitor Glenn Mandalas. Absent: Commissioners Dennis Barbour and Kathy McGuiness.

(1) 40l South Boardwalk rezoning issue. The owners of the property have asked that the property which is now zoned partially O-1 Open Space as well as R - Residential, be rezoned exclusively to R-2 Residential. The request was the subject of a Public Hearing February 19, 2008. The Planning Commissioners had voted unanimously to oppose the applicants' request for this rezoning, removing the O-1 Open Space designation. At the Monday City Commissioners meeting the applicant requested and the City Commissioners agreed to table the matter so that the applicant can discuss unresolved issues with the City Solicitor.

(2) The question of the approval of the proposal of Tevebaugh Associates for the continued development of Phase 2 of the Municipal Complex Master Plan: The Commissioners passed the motion to approve $83,500 for the next four months' work on the project. Commissioner Coluzzi asked the City Manager to contact Tevebaugh to make sure that Tevebaugh has an expert on building police stations on staff to ensure accreditation of the future building.

(3) Adoption of a Resolution authorizing use of the proceeds of the $6,000,000 general obligation bond series 2006 to finance certain additional capital improvement projects. The Resolution was passed unanimously. The proceeds can be used only for the reconstruction of the Gerar bridge, the construction of the Building and Licensing Department, the boardwalk, and the Public Safety Building.

(4) Adoption of an Ordinance to amend the Code related to increasing the amount of life insurance the City carries on full-time employees from $509,000 to $75,000 and increasing the City's contribution to the employees' retirement plan from 3% to 4%: The Commissioners voted unanimously to adopt the Ordinance.

(5) Adoption of an Ordinance to amend the Code related to increasing refuse collection fees: The Ordinance was adopted unanimously by the Commissioners.

(6) Proposal to adopt an Ordinance to amend the Code relating to increasing the fee for some meters from $l to $2 per hour and extending the parking meter season through September 30: Due to a plethora of emails, phone calls, and letters to the Commissioners, primarily from members of the business community, a compromise amendment to the code was developed by Mr. Ferrese and discussed by the Commissioners. In the new proposal, the fee on ocean blocks and all of Rehoboth Avenue will increase to $l.50 per hour; meters on First and Second Streets will increase to $l.25 an hour. This will produce the same amount of revenue as the original proposal to double the meter fees and increase the meter season. Approximately 33% of the meters will remain at $l per hour during the 2008 season. Revenue from parking meters makes up about 20% of the City's budget. The revenue will be placed in a separate bank account and used for capital improvements and parking. Approximately $300,000 to $350,000 will be needed in 2009 to retrofit the rest of the Reino meters on Rehoboth Avenue and to purchase additional Reino meters on Rehoboth Avenue and to purchase additional Reino meters on the beach blocks of Baltimore, Maryland, Wilmington, and Delaware Avenues to accept credit cards. Remaining funds will be used for future parking solutions, construction of the City Complex, and reconstruction of the boardwalk. All of the Commissioners agreed to the Compromise but decided to table the issue until the new ordinance written and presented at the next regular Commissioners meeting.

(7) Issue of adoption of an Ordinance to amend the Code related to increasaing the rates for parking permits and extending the time permits are in effect to September 30. As part of the compromise amendment (See Item 6), the Commissioners agreed that the new code will not extend the parking permit season. The Commissioners voted to remove all of Section One of the Ordinance and substitute August first as the date in No. l and No. 2 in Section 2. The Commissioners voted to increase the permit fee. The Mayor opposed, stating that he thought the present fee was adequate.

(8) Adopt City budget for fiscal year April l, 2008, through March 31, 2009. The commissioners unanimously voted on a balanced budget of $18,186,861 for 2009.

(9) Adopt an Ordinance to amend the Code relating to noise disturbance. This ordinance was tabled by Commissioner Coluzzi, then later withdrawn. The Commissioners will address the topic in a future meeting.

(10) The Commissioners heard permit-of-compliance requests from two restaurants: Vine Restaurant and Wine Bar, 211 Rehoboth Avenue, to modify its floor plan and Spiaggia Italian Kitchen 247C Rehoboth Avenue in the Hotel Rehoboth Complex, seeking to serve food and alcohol. Each of the permits of compliance was unanimously approved.

(11) Consideration of appointments to committees: The Commissioners voted that Commissioner Paterson shall chair the Charter and Ordinance Committee.

Adjournment at 9:20 p.m.

Nancy Martin
nancymartin2@verizon.net

March 16, 2008

The citizens action group Save Our City bases its very existence on supporting the planning and city commissioners in their efforts to craft, revise, adopt, and implement the crucial State-mandated five-year Comprehensive Development Plan, the blueprint that guides all future City action and decisions, including development and efforts to protect the unique character of Rehoboth Beach.

The website of this citizens action group www.saveourcityrehoboth.org serves the important purpose of providing information to citizens so that they may make informed decisions about the affairs and future of our Rehoboth Beach. Hopefully informed citizens will communicate directly with the commissioners. The newsletters, which now go to a significant and growing number of citizens, focus on providing information re public meetings and hearings and civic issues of importance. All newsletters are posted on the website along with links to the texts of important documents like the Tree Ordinance and the new proposed Comprehensive Development Plan Much of the information comes from the new city website www.cityofrehoboth.com.

Activity and interest in the Save Our City website: In the eleven months from April l, 2007, to March 1, 2008, the Save Our City website recorded "51,234 hits," the number of times our Save Our City came up in a search engine search. In the same period the Save Our City website recorded "6,809 page views," the number of pages that were viewed on the Save Our City website. And in the same period the Save Our City website recorded "5,790 sessions," the number of times someone either clicked into the site from a search or typed the website into a browser such as Internet Explorer.

You might want to look to the Save Our City website to review, among other things, the mission statement published in 2005, noted on the website in the link "About."

The mission statement of Save Our City:

"We are full-time and part-time residents of Rehoboth Beach dedicated to the ideal of nurturing and improving the unique character of our entire community, and committed to its long-term quality of life. We believe that the best actions and decisions for our City's future are those guided by broad community considerations and a long-term perspective rather than short-term development that benefits only a few but has profound impacts on the character of the City.

We are neighbors who support the increasing vitality of our unique downtown business district, and we enthusiastically patronize and promote our shops, restaurants, and small businesses.

We support the active implementation of the Comprehensive Development Plan by our elected officials, and we work together as active volunteers to support our mayor and commissioners as they make the important decisions on planning, zoning, development, and density issues that protect our City.

We participate, and we actively encourage and engage in public service for the good of our community.

We are committed to the preservation and enhancement of our City's trees and green spaces.

We are concerned about the continuing threats of overdevelopment of townhouses and out-of-scale residential homes, but welcome development that enhances our neighborhoods and adds to the vitality of our commercial district.

We welcome all who share these values to join us as neighbors and volunteers actively working on real issues to continue to save our City.

*Save our City is an informal citizens' organization without officers, dues, or staff, raises funds through voluntary contributions, and is registered with the Delaware Elections Commission as a political action committee. "

Nancy Martin nancymartin2@verizon.net

March 15, 2008

Click here for the 2008 Rehoboth Beach Comprehensive Development Plan crafted by our Planning Commissioners, and presented at a public meeting March 8. The State mandates that our Comprehensive Development Plan be updated every five years. The Planning Commissioners request and welcome comments from citizens now in this early stage and throughout the workshop and public hearing review process of the 2008 Comprehensive Development Plan proposed to be adopted by the City and approved by the State. (From the City website at www.cityofrehoboth.com)

Nancy Martin
nancymartin2@verizon.net

March 5, 2008

Action at the commissioners' workshop Monday night: (report of Tim Spies)

(1) Public hearing re amendments to signs in commercial districts ordinance set for March 17, at regular meeting of City Commissioners.

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(2) Public hearing to rezone the parcel of land occupied by the Rehoboth Beach Elementary School set for Tuesday, April 8, 7 p.m.

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(3) The Municipal Complex Phase II:

Jim Tevebaugh presented a plan of action for the new Public Safety Building (Phase II of the Municipal Complex). He suggested the creation of a working committee with representatives from Tevebaugh Associates and members of the City Commission for the four-month pre-development phase of the project. Tevebaugh said the cost of this phase will be $83,000 for the architectural and engineering components and that the building will be ready for occupancy by May 2010. In response to a question from Commissioner Barbour, Mr. Tevebaugh said the new building will cost $6,000,000 plus a $600,000 design fee. That cost could increase significantly if the City decides to include "green" design principles.

Commissioner Barbour asserted that the City, faced with the expenditure of at least $50,000,000 over the next six years (for the new municipal complex, the elimination of sewage discharge into the canal, and the replacement of the boardwalk) should determine how it will pay for the projects before proceeding further with the new Public Safety Building. Commissioner Barbour said that a financial advisor should be hired and a financial analysis completed so that the City can make its decisions based on sound financial principles. Commissioner Kuhns disagreed and said that a delay of three to four months was unacceptable and that Phase II should move forward without delay. Commissioner Barbour emphasized again the huge costs the City is facing over the next six years and said that it is incumbent on the City to have input from the citizens on what priorities they have and how they think the City should pay for the projects. Commissioner Barbour noted that the sewage discharge was court-mandated, but the other projects are discretionary. Commissioner Mills, McGuiness, and Kuhns all expressed their opinion that the Phase II should not be delayed.

It was agreed to send out an RFP for a financial advisor.

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(4) Clean Water Advisory Council: Public meeting March 19 Convention Center

Mayor Cooper reported on the meeting in Dover. He said the Council will be holding a meeting at the Convention Center March 19, 9:30 a.m. to 12:30 p.m., for the purpose of educating the public on the need for the systematic elimination of the City's sewer outfall. Mayor Cooper further noted that the chair and two other members of the Clean Water Advisory Council had recused themselves because of conflict-of-interest issues.

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(5) Rehoboth Beach Historical Society

In order for the Rehoboth Beach Historical Society to pay off its line of credit, it was agreed that the City will lend the Rehoboth Beach Historical Society $250,000 for ten years at 4.7%, to be repaid in monthly rental installments of $2,600.

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(6) $6,000,000 bond issue

Mayor Cooper and the commissioners discussed borrowing the entire amount: $3,100,000 to be used for the Lake Gerar Bridge, the renovation of the Wilmington Trust Building, upgrading the boardwalk, the funding of Phase II of the Municipal Complex (see above) and other capital improvements.

The matter will be placed on the agenda of the March 17 regular meeting of the city commissioners for a vote.

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(7) Zoning map

After discussion on revising the current zoning map(s) and redrafting sections of the zoning code, it was agreed to hold a public meeting.

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(8) Other budget items

It was agreed to hold a public hearing March 17 to discuss and vote on an increase in benefits for city employees and to increase the parking meter rates and extend the season when the meters and parking permits will be in effect. In response to the many members of the business community in the audience and the number of letters and emails received about the increase in parking rates, Commissioner Barbour suggested that the issue should be revisited to allow further input from both the business community and residents alike. Commissioners Mills, McGuiness, and Kuhns did not support Commissioner Barbour's idea.

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Nancy Martin
nancymartin2@verizon.net

March 1, 2008

Press release from Dr. Preston Littleton, Chair of the Planning Commission:

For Immediate Release
PRESS RELEASE

Review and Update of Rehoboth’s Comprehensive Development Plan Begins with a Special Public Meeting on Saturday, March 8th at 10:30am

Rehoboth Beach’s Planning Commission is responsible for carrying out the State-mandated 5-year review and update of the City’s Comprehensive Development Plan (CDP). As it begins to undertake this task, the Planning Commission has scheduled a special public meeting to both inform the public of this activity and, most importantly, to solicit input from the public on issues or concerns that should be addressed in the updated CDP. This public meeting will be held on Saturday, March 8th, at 10:30am in the Commissioner’s Room at City Hall.

As stated in the City’s current, 2003 Plan: "The Comprehensive Development Plan is the principal document outlining the City of Rehoboth Beach’s goals and policies regarding the use of land ... Properly used, the Plan is the basis for decision-making at all levels of government and will guide the public and private sectors toward beneficial activities affecting its people and land." It is now 2008 and time to review our work of five years ago, acknowledge our successes and failures, identify fresh concerns, and, if necessary, propose new comprehensive planning solutions that will allow us to make accurate and positive decisions about growth, change, and preservation in our City.

To further ensure that the public is knowledgeable of the Planning Commission’s plans and progress regarding its review and update of the CDP, a new webpage, www.cityofrehoboth.com/cdp2008.html, has been implemented. The Planning Commission welcomes public comments and suggestions throughout its review and update of the CDP and these can be submitted by e-mail to cdp2008@cityofrehoboth.com or by letter or fax, by attending the Planning Commission’s regular meetings, and participating at the special meetings and hearings regarding the CDP that will be held throughout the review process.

March 1, 2008

The one-square-mile which makes up The City of Rehoboth Beach is severely affected by what happens outside its borders, just over the canal, in Sussex County territory. You may be interested in attending the following meetings and public hearings addressing the Sussex County Comprehensive Development Plan. Our mayor and city commissioners are continually attempting to work with County officials on these development issues that so affect everyone in Sussex County.

(Information provided by Joan Deaver of Citizens for a Better Sussex, 302-645-6657)

Tuesday, March 28, 6 p.m.: Joint meeting of the County Planning and Zoning Commission and County Council at the Sussex County administration office west complex, U.S. 113 and Old Laurel Road, Georgetown.

Thursday, April 3, 6 p.m.: Public hearing on Planning and Zoning issues at CHEER Center, Sand Hill road and U. S. 9, Georgetown.

Tuesday, April 22, 6 p.m.: County Council hearing, CHEER Center, Sand Hill Road and U. S. 9, Georgetown.

February 21, 2008

What happened at Tuesday night's commissioners' meeting: (Report of Dottie Cirelli and Myrna Kelley)

Present: Mayor Sam Cooper and Commissioners Stan Mills, Ron Paterson, Dennis Barbour, Paul Kuhns, Pat Coluzzi, Kathy McGuiness and City Manager Gregory Ferrese and City Solicitor Glenn Mandalas.

Public hearing re appeal of owners of parcel at 401 South Boardwalk to have their property now zoned partly O-1 Open Space and partly R-2 Residential rezoned to all R-2 Residential, wiping out the Open Space zoning section. The Planning Commission had voted unanimously to oppose the applicants' request for this rezoning. City Commissioner Coluzzi, having served in the past as a Planning Commissioner, recused herself from consideration of this appeal. The attorney representing the owners/applicants argued that the request for rezoning is consistent with the goals of the City's Comprehensive Development Plan. The issue concerns a split-zoned plat owned by the Moss family, and the zoning line bisects the house that sits on the property. The vast majority of the house is in the O-1 Open Space area, which, according to the zoning laws, is to be dedicated to the public for the purpose of rest and recreation or to provide light and air to surrounding structures.

Mr. Wayne Baker of Lewes spoke in favor of the rezoning, asserting that the owner has the right to have his property zoned the same as other residential properties, that denying the rezoning takes land away from its owners. Mr. Baker is the owner of the property immediately to the south of the Moss property.

Fifteen citizens wrote letters to the mayor and commissioners urging them to follow the unanimous decision of the Planning Commission and deny the owners/applicants' rezoning request to wipe out the Open Space zoning portion of the present O-1 and R-2 zoning. Such letters were introduced into the record.

Mr. Steve Latsios of Kent Street, Rehoboth Beach, spoke against the rezoning, stating that he is concerned about the loss of open space which is vital to preserve the character of the city.

Citing his research of past zoning laws and property deeds, Commissioner Stan Mills made the argument that because there are no building restrictions concerning structures in Open Space O-l zones, the owners could hypothetically expand on any building that was presently in the Open Space zone. He cited the recent approval of a variance to build a second floor on the portion of the house in the O-1 as an example. Mr. Mills posited two compromise solutions regarding the amount of land that would be rezoned. One possibility would be to follow the current DNREC build line to rezone to R-2, leaving the remainder of the land zoned O-1. Another suggestion was to follow a line 10 feet from the porch line as a divide between the new R-2 line and the remainder to be O-1.

City Solicitor Glenn Mandalas suggested, and the Commissioners agreed, that the vote on the appeal to the City Commission be postponed until the compromise positions can be presented to the owners. The rezoning issue will be revisited at the March 7, 2008, Commissioners' meeting.

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The Municipal Complex Plan and the renovation of the City-owned former Wilmington Trust Building on Rehoboth Avenue: Mr. Lenihan reported that minor floor plan changes are in the works, and the project will be advertised on March 5, 2008. Commissioners will have the final plans by February 26, 2008. Pre-bid meeting scheduled for March 17, 2008. Bids due by April 10, 2008. An outline for the Public Safety Building, including the Police and Information Technology Departments was distributed to the Commissioners for their comments. Meetings will begin shortly with the future occupants of the building to discuss space requirements and design. A workshop will take place on March 3, 2008 to entertain comments and questions.

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Storm drain marking project: Commissioner Mills stated that his group is currently discussing comprehensive nutrient management and establishment of buffer zones around the lakes. Additional storm receptors are being installed for Lake Gerar. Markers have been installed on the majority of storm drains, but additional education and clean-up is required. Anyone interested in helping with the project is encouraged to contact Commissioner Mills at smills@cityofrehoboth.com.

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Tieder Electric contract to provide a complete new SCADA system for the City's water and wastewater departments is approved unanimously.

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Magnum Electronics contract to provide a Motorola Canopy communications system for data transfer within the City's water and wastewater SCADA system approved unanimously.

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Stockley Street storm water improvements for ocean block contract unanimously approved.

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Building Inspectors Report, presented by new Building Inspector Ms. Terry Sullivan:

Two requests for permits for compliance that will be on city commission agenda for March. Ms. Sullivan is currently sending tree plans to the Tree Board. A licensed arborist must certify that a dead tree is to be removed. City Manager Mr. Ferrese stated he is seeking to hire a certified arborist to manage the tree plan program.

The Shag Restaurant is in the process of submitting updated plans to the Building and Licensing Department before it can be granted a permit for compliance.

The owner of Galleria Tango told the Commissioners that the contractor responsible for the sidewalk and curb project in front of her establishment failed to created a pedestrian walkway, making it necessary for people to enter the street in order to get by the construction area. The contractor's negligence had a financial impact on businesses in the