Meeting on June 28, 2021
Kevin McGuiness opened the meeting at 7 p.m. 70 people were in attendance.
As a recap, Kevin mentioned 143 people signed a petition to the City urging them to not approve two Planning Commission ordinances concerning surface water/sea level rise and to lift the building moratorium while they worked out a better policy. Luke Mette gave expert testimony and it appeared attitudes changed. Having a civic association with many people weighing in demonstrates the value of a group effort; by working together we can offer constructive suggestions to the City and make a difference.
We are now an official Delaware 501(c)(4). By-Laws have been drafted and will be circulated to members. The By-Laws reflect the goals of LBCA: to follow the City’s activities and to make a positive impact and offer good, constructive solutions. No member will be forced to endorse an issue with which they disagree. Any voting member can make a proposal they’d like to discuss. If 30% of the membership agree, that proposal goes on the next agenda. If 50% of the membership plus 1 support that proposal, then appropriate action agreed upon by the group will be taken under LBCA umbrella. Only members in support will sign the proposal. If a member has an issue not supported by 30%, he or she can take up the matter with the City, with guidance from LBCA, but not under the LBCA umbrella.
For now, volunteers have taken officer positions for 2021. Elections for officers, with staggering terms, for 2022 will take place in December.
Dues have been established at $100/voting member or household. Eligible households are from Freeman Highway to the Roosevelt Inlet and from the canal to Bay Avenue. Supporter memberships for $25. Dues will cover monthly expenses such as Zoom meeting charges, building a website that will allow on-line voting, and help create a fund should LBCA need to hire experts to help with issues. A bank account has been opened. When paying dues, please write out “Lewes Beach Civic Association” on your checks and mail to or drop off at 1108 Bay Avenue. The link to future Zoom meetings will be sent to members in good standing (dues paid.)
Sea Level Rise
Joe Kelly and Luke Mette provided an update on the recent “listening sessions” held by the city. They were not sea level rise specific but instead were an open discussion of relevant issues. It is not clear what the city will take from these meetings, which were open to the public. One did not have to be a Lewes resident or property owner to attend and participate.
Luke offered that the Mayor is still working on the membership of a new Executive Committee that may consider Sea Level Rise and other issues. He offered that City Council member Khalil Saliba will participate, as will an individual who works in the mortgage industry. Concerns were raised that it does not yet appear who will be participating on the committee in an expert capacity, whether experts who do not work for DNREC and the University of Delaware will be allowed to participate, or if outside experts will at least be allowed to submit testimony. It was suggested that LBCA identify some experts who can help with the process.
Repairs and Renovations
Kevin McGuiness shared notes from a meeting with Robin Davis, who heads the city’s building department. Dennis Reardon and Kath McGuiness also attended. The goal was to prepare a document that could be shared with LBCA members concerning the city’s rules (with citations) regarding repair and maintenance of homes on Lewes Beach. The city would not provide such a document nor the citations. Instead, the following was offered orally:
According to the City, for all homes in the floodplain, if your property is non-conforming with the current city ordinance(s) like those that determine the height of the bottom of the first floor (current formula is Base Flood Elevation plus 18” of freeboard) or lot coverage restrictions
AND
the cost of repairs to your property for damage of any kind when added to any repairs, improvements, additions, etc. over the last 10 years by you or anyone else totals more than 50% of the current market value of the edifice
THEN
to make those repairs you must bring the entire edifice into compliance with the current ordinances on lot coverage and the formula for determining the elevation of the height of the bottom of the first floor.
In other words, repairs are treated the same as additions or improvements. There is no exemption for proportionality. While there is an exemption for safety, health, and sanitary, that exemption is applied strictly. It will not apply to fixing repairs that if left unintended will only get worse. And, if you bring your house into compliance, there is no grace period.
It was made clear that this is the City’s interpretation of the law and their ordinances. Others, including very knowledgeable property lawyers disagree. Still, it may be in your best interests to learn how much you actually can spend on repairs to protect and maintain your property.
Children’s Beach House
Dennis Reardon met with Richard Garrett, Executive Director of the Children’s Beach House. They are working on a strategic plan, which they hope to complete by the end of July. They will share it with us. There are no upcoming events that will require parking off CBH premises. The CBH is hosting a neighborhood BBQ on 7/25 from 6-8 p.m. to provide an opportunity for neighbors to get know the CBH. Invitations will be mailed out shortly. RVSP by phone (645-9184) or emailing cbh@cbhinc.org.
It was shared that BPW and the City of Lewes have settled their disagreement. In the future, BPW will have to get the Mayor’s and City Council’s consent before expanding utility service to any territory outside city limits. BPW will have the power to sue with the caveat that they cannot sue or be sued by the City for at least 5 years.
Regarding the Fourth of July celebrations, the children’s games on Second Street have been canceled; the boat parade will take place at 2 p.m.; the Doo Dah parade will start at 5 p.m. on Manila Avenue; and fireworks, on a barge, will start at dusk. The fireworks will be privately funded.
Per City policy, trash cans have been added to beach accesses where blue trash cans cannot be placed due to erosion. However, the placement of both cans has not been consistent. Promised jetty signs have not be erected.
A LBCA Block Party is in the planning stages. Stay tuned.
For more detailed information, a complete recording of this meeting will be made available on our website once it’s up and running.
Respectfully submitted,
Debbie Mellor
LBCA Recorder LBCA Meeting Minutes