Options to Protect the Lewes Waste Water Treatment Facility from Sea Level Rise (1/31/2023)

On January 23rd, the BPW held a public workshop about different options it’s considering regarding how best to protect the waste water treatment facility currently in the marshy area on East Savannah Road (across from the Daily Mart) from sea level rise. Click here to see the Long Range Planning Study that was discussed. They are looking for public input and comments.

Comments on the City Staff Beach Parking Options 1/8/2023

On Monday, January 9th, the Mayor and City Council will meet to discuss and possibly vote on the staff list of options for a new permit parking system. Click here for a copy of the options. Given the shortness of time, if you have comments about the proposal, we urge you to either attend the City Council meeting -in person or digitally - on January 9th, starting at 6:30pm.  Click here for the Zoom link. Or, you can send your comments via email.

What follows is a list of the comments that have been shared with LBCA, starting with questions and answers from Council Member Saliba, as well as submissions from Keena Ross, De Taylor, Janie Warren and Bob Payne, and Dennis Reardon.

From Council Member Saliba:

The overall goal of a proposed parking permit system is to provide more structure and order to those parking on Lewes Beach. This leads to other questions: 

 1.      How will it help? 1) provide clarity as where and where not to park; 2) provide safer conditions for motorists, bikers, runners, et al by removing spots on Cedar Street and ensuring proper driver visibility on side streets and generating a new source of revenue for the city. Any surplus above administrative costs could be dedicated to a beach-related issue like a resiliency fund.  

2.      Will it help more than it will cause confusion and frustration? There may be more confusion in the beginning (like experienced for most new programs), but the hope is this will eventually reduce confusion/frustration for those seeking parking spots. 

3.      Is it for the good of Lewes citizens while also protecting the interest of property owners affected there? My hope is this will enhance the Lewes Beach experience for all Lewes citizens and property owners and help manage the demand for on-street parking.  By charging a modest fee for seasonal, weekly, or weekend permits, this would encourage people coming only for the day to use one of the public parking lots Roosevelt Inlet, Savannah, or Johnnie Walker beaches where food options and bathroom facilities are available.

4.      Will it help those individuals with no driveways? This should not impact these homeowners.  We will change their "authorized parking only" signs to "resident parking only" signs so that those with parking passes are not confused that "authorized" means parking passes. 

5.      Is it to create another revenue source for the City? It will create a new revenue source but only after the administrative costs are covered.  This is not the primary reason for this proposal but certainly could provide new revenue. The City is facing a decline in transfer tax revenue and has made some tough budget cuts, so it is important to explore new sources of revenue.  

6.      How will it impact on the property owners on Lewes Beach directly affected by this permit system?  If LB property owners have ample driveway parking, they likely will not need to purchase permits.  If they typically entertain summer guests, they may have to purchase 1-2 permits (I would purchase two permits).  As mentioned previously, I am hopeful those who invest in permits will have more respect for our community. 

7.      What challenges arise from such a permit system? The proposed computer-based, license plate recognition program addresses many concerns with hang tags, stickers, etc.  Municipalities who currently use it have lauded it as efficient and user-friendly. 

9.      Who would the proposed permit system hurt? Some believe it could create a hardship for those who do not have computers or smartphones.  For these folks, we can process permit passes at City Hall.  It may initially harm those visitors outside of Lewes who may not be aware of the program until they arrive in Lewes.  Again, there will be a learning curve as with all new initiatives, but we will promote this through email, social and traditional media. 

10.   Why charge taxpayers to park, Rehoboth provides taxpayers with two free passes? Both the Army Corp of Engineers and DNREC have  made clear “public access” is a consideration in funding for replenishment, dredging, and other services. We believe we can charge a discounted fee to our taxpayers without risking this important funding.  Placing the full burden on non-residents/taxpayers would likely trigger a negative reaction from the Army.  

11.   Does the proposal consider beach capacity as a factor? This also had a “public access” component.  We cannot use the beach capacity argument to limit access to the beach without jeopardizing state and federal funding. Recent legislation championed by Senator Tom Carper a more favorable 90/10 federal-state and local match vs.  the previous 65/35 match.  Hence, we expect the Corps will pay much closer attention to public access. 

From Keena Ross

Dear Mayor Williams,

First, thank you for serving our City of Lewes.  I truly respect and value your contribution. The job is not always easy, and your devotion is sincerely appreciated. It’s my understanding that you like to give due consideration to proposals for changes within our city and welcome citizens’ input on matters, whether that is to educate or understand how such proposals would impact citizens. As I read the City’s Lewes Beach-Savannah Road to Roosevelt Inlet- permit proposal, I ask what is the goal of such a permit system?  This leads to other questions:

1.      How will it help? 

2.      Will it help more than it will cause confusion and frustration? 

3.      Is it for the good of Lewes citizens while also protecting the interest of property owners affected there? s

4.      Will it help those individuals with no driveways? 

5.      Is it to create another revenue source for the City?

6.      How will it impact the property owners on Lewes Beach directly affected by this permit system?

7.      What problems does it solve?  Does it solve more problems than it causes?  If so, what and how?

8.      What challenges arise from such a permit system?

9.      Who would the proposed permit system hurt?

10.   How would this be an improvement over the current parking situation with no permits? 

Would you please answer or request the specific answers to the above questions for our citizenry prior to voting on such a proposal?  And perhaps more importantly, post the answers publicly (Perhaps as a mailing to residents and property owners and note in the Cape Gazette?), and allow time for people to review it and even respond.  People often will support a cause if they understand the reasons for it.  As I carefully and thoughtfully reviewed this proposal, I could not answer all the questions.

I go back to another and perhaps the most important question brought up earlier, when it comes to evaluating the parking needs of Lewes Beach.  What it the beach capacity?  How many people will the beach hold?  If you listen to the meeting of the January 18, 2022 workshop answering questions via zoom in 2 sessions (one at 5(ish) pm and another at 7 pm), that question came up over and over as people joined in online and did not realize the question was already asked, again and again. (I don’t recall the exact number, but I think it was 8-10 times(?). The staff’s initial response was they didn’t know and indicated that they didn’t plan to pursue the answer. However, later in the meeting, as this question kept being asked, then the tone of the answer began to change.  Finally, when asked about the beach capacity the staff member gave an answer to the effect that they’d need to find out.  This was an answer that showed it was worth inquiring about. This begs the question, “Prior to submission of this proposal, was the beach capacity determined?”  If not, please ask someone with an MBA to determine the answer, as it can be done and can be used as a general guideline in determining policies for parking in the area under consideration in this proposal.

When I started to write to you, my original purpose was to call to your attention my concerns of the items within the proposal. Yet upon the preponderance of the proposal, the answers to the questions noted above became even more important than my concerns. The answers to those questions are very important for ALL to know, before deciding and going forward with any parking permit system.

Thank you so much for your time and consideration.

Kindly,

Keena Ross

From De Taylor

Dear Mayor Williams, Councilman Saliba, Councilman Ritzert, Councilwoman Jones and Councilwoman Vessella,

I read the proposed parking permit policy that you are voting on at the January 9 council meeting.

It will not solve the parking problems on Lewes beach. Residents are going to have to purchase a permit to park in front of their property for $100 per car per year. This is a no go for me. We live at 8 Delmar Ave. Yes we have a driveway that holds our 2 cars. What if we have project we want to do on the front yard and park on the street. That car/truck would need a $100 permit to park on the street. Also if we are having guests we often park on the street so they can use the driveway . Again parking on the street would require a $100 permit per car per year. So you want me to pay $200 per year to park in front of my own house? To say I'm not happy is an understatement.

The problem is the day trippers who park up and down Cedar and the side streets not the residents. They are the ones that must pay. You can charge them enough to absorb the cost of putting your property owners license plates in your system. And for starters you could enforce the state laws that are currently in place like not parking right at a corner. not parking right up at a stop sign, not parking on emergency access roads, etc. 

The point of a parking permit system is not to penalize resident but to control the influx of non resident day trippers who over whelm Cedar Street and the side streets with cars. When cars are parked  on both side of Cedar and the car doors are open 1 car can get down Cedar Street at a time. That's right 
Cedar becomes a one lane road.

Vote no on this policy that was not well thought out and will not solve the problem.

Deirdre Taylor

From Janie Warren and Bob Payne

Dear  Mayor and City Council Members, 

 Thank you for considering a permit system for Lewes beach.  We think it’s a great idea to institute the permit system to generate revenues for the City – something we have long wondered about.   Have you considered that, if beach goers are charged $2.50 per hour at public beaches, that the cost for permits should be priced along very similar lines?   We believe that might very well equalize things – i.e., people not rushing to streets first (causing safety concerns) since it’s cheaper than metered parking?

 Our family has had a Lewes cottage for 65 years and we fully recognize we don’t have a private beach in front of the cottages.   By the same token, we are paying city and county taxes for having cottages in Lewes.  Therefore, we completely support the institution of a permit system in Lewes which may bring some order to the chaos and safety concerns we have seen in the past few years on our streets.   Our main concern is one of safety.     Parking on both sides of Cedar Avenue is one of the biggest hazards we face out on the beach in the summer.   We’re talking about turning out onto Cedar from state named streets, meeting an oncoming car when there are bikers and walkers and there is no place to pull over. 

That actually happened to us this summer on Cedar – a FedEx truck had to pull into the center of the road to avoid bikers and there was nowhere for us to go as we approached them in our car. We have to pull way out into the street to see (because of the cars parked on Cedar) if we can proceed out onto Cedar.    Cedar should be kept as clear as possible for safety reasons – pure and simple.   We understand Cedar Avenue is a State Road, which would indicate it might potentially be treated like Cape Henlopen Drive (with no / limited parking on either side).  

 If the new permit system is modeled after Rehoboth and Dewey systems, we understand Rehoboth cottage owners get permits issued to them – no charge - that may be used anywhere in the city.   How is it that Rehoboth manages to do this?

 Thank you for taking the time to read our email and consider our points. 

 Janie Warren and Bob Payne

From Dennis Reardon

 BEACH PARKING PERMIT REVIEW

January 2023

Comments

1.    The City staff has not opined on whether or not a permit parking system is desirable or necessary for the City.  Rather the report makes recommendations on how the project team believes an effective parking permit system could operate if approved by M&CC.  It appears that now this report is on a M&CC agenda for consideration.

2.    The threshold question regarding a permit parking system is what is it’s

purpose, what issue will it solve and what is the benefit to the City and it’s residents.  It seems to me that considering a proposed parking permit system before this question is addressed is putting the cart before horse.

3.     It is your obligation to consider all the ramifications of a permit parking system prior to addressing a proposed system itself.

4.    This proposed system impacts all residents of the City.  It absolutely requires a public hearing.

5.    There were two Beach Parking Committees with public hearings.  In January 2022 the City held a public hearing in which there were many, many questions and comments.  Although in June 2022 the City Manager announced at a public workshop that the questions and comments were compiled there has yet to be a public forum where this was presented and discussed.

Questions

 1.     Does this proposal requiring parking permits in only one section of the beach violate the provisions of the Warner Grant which states that the beaches are for the use of the residents of the city, county and state?  How do you differentiate one section of the public beach within the Warner Grant from another.

2.    There is a City Committee addressing parking on the town side of the canal.  Why is permit parking only being considered on the beach side of the canal?

3.    Why do taxpaying homeowners in the City of Lewes have to pay to park in one area of the beach side of the canal?  

4.    In the summer of 2022 there were approximately 9 days between Memorial Day and Labor Day when parking was challenging.  In the prior two years it was more challenging but Cape Henlopen State Park allowed limited parking which had a direct impact on parking between Savannah Road and Roosevelt Inlet.

5.    Given #4 why consider May and September.

Summary of the LBCA Member Meeting 12/6/2022

On Tuesday, December 6, 2022, there was a member meeting which included an election for four positions on the Board, a discussion about two overarching priorities for the Association in 2023, and a brief financial summary. The following current Board members were reelected to a two-year term. Each will continue in their current position:

• Dennis Reardon - Vice President

• Janie Warren - Community Liaison

• Deb Mellor - Recorder

• Brian Hobbs - Board Member

The membership also agreed on two over-arching priorities for 2023, in addition to continuing to work on City proposals of importance to the membership. The first is to work on a proposal to enfranchise all who pay property taxes to the City, as is the case for most neighboring towns on the Delaware Coast. For a summary of the voting rules in six neighboring jurisdictions, click here.

The second is to develop a proposal to hold City staff accountable. For a work-in-progress list of examples where staff engaged in conduct that evidences disparate treatment of different communities in Lewes, disinterest in the legal or practical consequence of their work or proposals, or ignored Council member promises concerning notice and transparency, please click here.

To help with member outreach, please click here for a roster broken down by street. On a good news front, we have two new members since the meeting. And, click here for the financial update shared at the meeting.

If you missed the meeting you may view a recording using the following link, move timer bar to approximately the 1:19:00 mark. LINK

As always, thank you for your interest and support, and I hope you have a wonderful holiday.

Kevin

5 New City Issues that Impact You(7/30/2022)

This past week, Dennis Reardon and I attended a City Workshop/Meeting where four issues that directly impact you were discussed. Here’s a link to a video of the meeting. In addition, we learned about a unilateral decision made by the City Planner, which affects all properties between Bay Avenue and the Beach. All are discussed in more detail below.

1. Right of Way.  The City staff recently sent out a questionnaire entitled Ground Cover.  Instead, the questionnaire and accompanying materials make clear the real subject was City Rights of Way and what can and cannot be in a City Right of Way. Only 29 people answered the questionnaire.  Click here for a copy of the comments I made on behalf of the Board. We tried to address questions about the City’s understanding of the law, about respecting the existing Right of Way policy, and the importance of protecting areas in Rights of Way where we should be encouraging planting and other types of flood mitigation. Several Council members, including  Khalil and Andrew, seemed to agree with the concerns we were raising.  The City staff said we shouldn’t worry; they promised the rule or policy will be prospective. Unfortunately, as you know, that simply means enforcement will be prospective. It doesn’t mean anything currently in a Right of Way will be grandfathered in. The staff was directed to draft a proposal which will identify what is always prohibited in a Right of Way (e.g. concrete) and what is always acceptable (sand and grass). For everything else, it appears a property owner will be required to get a license from the City. 

 2. Planning Commission Targets the Beach. The City Planning Commission shared its proposed regulatory agenda with Council members outlining the topic areas it wants to focus on this year and work towards a proposed new policy.  Click here for their proposals. One calls for yet another complete review of Section 197-73 and related sections involving the floodplain and sea level rise. Apparently, the Planning Commission was not pleased with the findings of the recent Resiliency Committee. Another top priority was a proposal entitled "No Building within the floodplain and Retreat from the Sea." That's a direct quote. No one, including members of Council, seems to know what it means. The Council has been asked to indicate whether they are interested in these priorities.

 3. Moratorium on New Requests for Reserved Parking. Recently, due to Council Member Saliba, the City began accepting requests for reserved parking for property owners without any off-street parking on their property. This week, the City Council voted to put these requests on hold until it can determine how to apply a policy City-wide.  During this moratorium, requests based upon physical handicap will still be considered. 

 4. Parking Spaces on Lewes Beach.  In conjunction with Item 3, the Council voted to have Council Member Connie Vessella undertake a project to identify ever public parking space in Lewes, including Lewes Beach. It is hoped this effort will give the Council a firm number of the number of public spots throughout the City, as well as the total number of properties without any opportunity for off-street parking. Unfortunately, it appears that she will be working primarily with City staff.  No mention was made of talking with residents or reviewing the comments that were submitted earlier this year about public parking spots on the beach. Moreover, there was no mention as to how such a count can be impacted by the City’s failure to clarify the existing rules barring stacking cars on driveways on the beach. Just to be clear, the City has still failed to respond to the questions on off-street parking we submitted earlier this year, despite repeated promises they would do so.

 5. Re-orientation for Every Lot Between Bay Avenue and the Beach. The City Planner, without notifying or getting permission from the Council, has unilaterally decided to overturn more than 80 years of precedent for homes situated between Bay Avenue and the Beach.  The front of every property will now be the side that faces Bay Avenue, not the side facing the beach.  Dennis has challenged this decision, pointing out the history of this area and why for over 80 years the City has treated the beach side of the property as the front. The City planner acknowledged she may need to do more research on her decision, but she will continue to impose her new interpretation while her review is underway. 

 We will share more information on each issue as it becomes available. As always, we’re interested in your thoughts and suggestions.

Three Issues Under Consideration by the City (6/30/2022)

This spring, among others the City is considering three issues which may be of interest to members. For each, we’ve provided a brief explanation and some of the documents that the City has made available.

1.    Planning Commission Review: The City’s Planning Commission is preparing a list of Building Code sections it may review this year. These will include Section 197-72, which is the key code section that applies to us.  Topics to be addressed could include permitted uses, accessory uses, use restrictions, and lot dimensions. Obviously, this proposal is still being developed.

 Draft LPC Action Plan - Click here

2. Great Marsh Park Master Plan - The City of Lewes has hired Pennoni Associates, an engineering firm, to work with the Parks and Recreation Commission on the development of a Master Plan for what’s called Great Marsh Park. This a 66 acre tract the City leases from the state and currently, where you can find the Dog Park. The plan will be used to guide future requests for outdoor recreation.

• Great Marsh Park Questionnaire - Click here

3. West Cedar Street Flood Mitigation Study - The City Council authorized continued work on a proposed West Cedar Street Flood Mitigation Project.  The goal of the project is to reduce flooding in the area between the canal and the end of city streets between  Camden and Illinois Avenues by installing some additional berms and flood gates.

• Copy of the Mitigation Study Report - Click here

City Reduces 10 Year Cumulative Cap from 10 Years to 1 Year, Enhances City Planner’s Authority, and Decides No Permit Parking System for Lewes Beach This Year. (2/14/2022)

On February 14th, the Mayor and City Council voted on four issues of great importance to LBCA members.  Specifically:

• The Mayor and City Council voted on proposed Ord-1-22 Code, the proposal which addresses multiple things including language concerning off-street parking. Council Member Williams offered an amendment that struck the portion of the proposal that addressed off-street parking, specifically amendments to Section 197-61, and asked Council Member Ritzert to work with stakeholders to address the problems that were raised during the recent public hearing. His amendment was approved. The Mayor and City Council then voted unanimously to approve the underlying proposal, minus the off-street parking language.

  This is a win for LBCA members. Due to your quick support and help, LBCA was able to submit a petition in opposition to the proposal, or in the alternative, to delay voting on the portion addressing Off-Street Parking until the City answered questions about the proper meaning, interpretation and enforcement of Section 197-61, as currently written. Click here for a copy of our petition.

• As expected the Mayor and City Council voted unanimously to approve proposed Ordinance 2-22, which provides the current City Planner with greater authority over a variety of issues involving zoning, construction, and ordinance interpretation.

• The Mayor and City Council voted unanimously to approve proposed Ordinance 3-22, which reduces the current 10 year cumulative cap on renovations, maintenance, and repairs to 1 year, which is the correlative FEMA standard. This is a terrific win and accomplishment for LBCA members, because it preserves our right to repair and maintain our homes without being restrained by a 10 year cumulative cap. The proposal was championed by Council Members Williams and Saliba. As you know, LBCA submitted a petition in support of this proposal.

• Finally, the Mayor and City Council agreed not to move forward with a permit system for Lewes Beach this year. Instead, the Mayor and City Council scheduled a hearing on Thursday, March 10th, starting at 6:00pm to address the staff’s report on possible interim steps. Click here for a copy of the staff’s report (it starts on page 147), which was released today. More information to come once we have had a chance to digest what was shared.

  It was clear this decision was based in large part on your questions during the hearing and your submissions to the record. It was clear even to City staff it will take a much longer time to analyze all that was raised.

Member Meeting Scheduled for February 9th to discuss Upcoming City Proposals, Beach Parking, and Providing Non-Resident Property Owners with the Right to Vote. (2/2/2022)

On February 9th, starting at 7:00pm, LBCA Members are invited to a discussion of four issues - including beach parking - that could be considered by the Mayor and City Council. The Board would also like to discuss another issue gaining interest - providing property owners who are not residents of Lewes the right to vote in City elections. For a link to our Zoom meeting, click here. The agenda is as follows:

• Brief Summary of Agenda for Upcoming Mayor/City Council meeting on February 14th

• The City's Beach Parking Proposal

• Giving Non-Residents the Right to Vote in City Elections

A lot of us participated in the Jan. 18th City “event” on beach parking. So far, it doesn’t appear that we have a clear understanding of what the City staff is considering or how they will address the numerous questions and concerns that were raised. Even some of the Council members sound unsure what will be recommended. We are hoping by Feb. 9th to have a better idea of what the city is considering and possible next steps.

In addition, there is growing interest among Members, a few City officials, and others in providing non-resident Lewes property owners the right to participate in City elections, as they can in elections for the Lewes Board of Public Works. We want to raise this issue with you to see if there is sufficient Member interest in getting involved.

Finally, it’s expected that during the M/CC February 14th meeting, the City will vote on the three proposed ordinances that were the subject of the January 13th hearing. More than 150 LBCA members signed the LBCA petition on reducing the 10 year Cumulative Cap to 1 year. Thanks again to all who participated. Click here for a copy of the petition. As best as we can tell, this proposal should pass.

The proposal to significantly expand the authority of the City Planner also appears likely to pass, despite the concerns that have been raised. Council Member Saliba could vote in favor, suggesting this is really a City Manager call. Click here for a copy.

The outcome of the proposed Off-Street Parking proposal is not clear. As you may know, the proposal offers minor amendments to an existing Code Section, Section 197-61. Click here to read the Code Section to understand all of what’s being proposed. Despite ample evidence that this section hasn’t been enforced for decades, the City claims it has. Consequently, the LBCA Board submitted questions about the proposal, asked for explanations of confusing terminology and examples of properties in compliance. Click here for a copy of the questions. Not surprisingly, there has been no response to the questions and, based upon experience, none is expected. Click here for a copy of the proposal.

New Proposal to Reduce the 10 Year Cap on Substantial Damage/Substantial Improvement to 1 Year (1/22/2022)

At the next Mayor/City Council meeting, which is scheduled for Monday, February 14th, the City is expected to vote on a proposal to reduce the 10 year cumulative cap on renovations, repairs and maintenance to 1 year. The proposal was originally sponsored by Council Members Williams and Saliba. Click here for a copy.

Currently, the City bans renovation, repairs and even maintenance of homes in the floodplain if, over the last 10 years, more than 50% of the value of the home has been spent on any form of construction, improvements, or repairs. This is 50% of the edifice, not the land. Once the 50% cap is reached, the homeowner must first bring the property into compliance with all new City building rules, regardless of cost, before making repairs. For years, the City has claimed that this was a FEMA rule. Due to the work of LBCA member, Joe Kelly, we were able to show this was not true, that the 10 year standard was a City creation. And, Joe also was able to demonstrate that fixing this mistake would have no negative impact on flood insurance rates.

If the proposal is adopted, the 10 year cumulative cap will be reduced to 1 year. Lewes Beach property owners will again be free to renovate, repair and maintain their homes the same as Lewes property owners outside the floodplain. Rental properties can be repaired and maintained without worrying about the cap. And, the economic pressure the current cap places on the multi-generational homes and cottages that provide so much charm to our community will be reduced.

This proposal was introduced specifically because of LBCA members and if it passes, it will mark the first time in recent memory that the City has passed an ordinance that protects not penalizes homeowners on Lewes Beach.

City Holds Hearing on Three New Ordinances. (1/21/2022)

On Thursday evening, January 13th, the City held a hearing on three proposals. It’s hard to explain the discussion. On the good news front, LBCA member Janie Warren provided a succinct, powerful statement in support of the proposed revised definition of Substantial Damage/Substantial Improvement, making the 50% cap an annual limit instead of a 10 year cap. Other statements in support of the proposal are being submitted to the record. No one spoke against the proposal. The record will be kept open until we believe February 4th. Click here for the proposal.

As to the other two proposals, several LBCA members tried to ask questions about the proposal concerning off-street parking. It was made clear from the outset, however, that questions about meaning, interpretation, and enforcement of the existing codes and proposed amendments would not be answered. Interestingly, it was revealed that no member of the Council had sponsored the proposal. It was prepared by staff. Moreover, staff argued that the city has been enforcing almost all of these provisions covered in the proposal for years. This was the second hearing on the proposal and, like last time, no additional information was provided about what specific provisions meant, how to comply, or who or what is covered. Click here for the proposal and here for a copy of some of the questions that have been submitted.

The third proposed ordinance covered during the hearing expands the authority of the current City Planner over property, owner rights, building and construction, and enforcement.  As noted earlier, the City Planner is the author of all 10 of the proposed ordinances we have challenged or questioned this past year. Seven have been withdrawn, significantly amended, or set aside. The other three were the subject of last night’s hearing. This point was shared during the discussion, which was very brief. Click here for the proposal.

City Approves a New SWPO Ordinance on January 10th, 2022 (1/12/2022)

On Monday night, January 10th, the Mayor and City Council voted to pass a heavily amended version of the staff drafted Surface Water Protection Overlay proposal that restricts lot coverage on impacted properties to 20%. Click here for a copy. In part to address concerns raised by LBCA members, the amended version only applies to new major subdivisions of more than 1 acre and site development plans of more than 1 acre, and no longer includes a series of impractical and flawed additional restrictions proposed by City staff. As of now, almost all of the properties on Lewes Beach are exempted. When approving the proposal, the City did not address the fact that the ordinance appears to rely upon an interpretation of state law that is contradictory to the actual language of the law. Click here for a copy of testimony Dennis Reardon submitted on this point.

City Scheduled to Vote on a New SWPO Ordinance Monday, January 10th (1/9/2022)

On Monday night, January 10th, the Mayor and City Council are scheduled to vote on a significantly revised Surface Water Protection Overlay proposal. A prior version was the subject of a public hearing on December 6th, where numerous practical, legal, and policy problems were raised. This past Friday afternoon, the city released a new version that makes two significant changes but leaves other issues unresolved. Click here for a copy.

The good news is that the revised version drastically reduces the scope of the proposal, limiting it to properties that are one acre or more or are “new major subdivisions”. Most individual homes are now exempt, although it is still unclear who and what is covered. And, several confusing mandates in the prior version were dropped. Unfortunately, the proposal still fails to address the fact that the proposed ordinance relies upon a statutory interpretation that is contrary to the actual wording of state law. Click here for an explanation of this last issue submitted to the City by Dennis Reardon.

City Pushing Forward on Proposed Ordinances and Programs - Four Hearings Scheduled for January (12/14/2021)

Monday night, the Mayor and City Council scheduled hearings for Thursday, January 13, 2022 on three separate proposed ordinances.  The first hearing will be on the proposed ordinance to expand the authority of the City Planner over property, owner rights, building and construction, and enforcement.  As noted earlier, the City Planner is the author of all of the proposed ordinances we have challenged or questioned this year. Click here for the proposal.

 Immediately following conclusion of that hearing, the City will hold a second hearing on the proposed revised definition of Substantial Improvement, making the 50% cap an annual limit instead of a 10 year cap. Click here for the proposal. And, upon conclusion of that hearing, the City will hold a third hearing the same evening on a proposed off-street parking and other things ordinance that would significantly impact every property in Lewes. The proposal was the subject of a City hearing on October 26th. The City has not yet provided answers to questions that were raised at that session. Click here for the proposal.

 On the following Tuesday, January 18th, the City will also hold a hearing/workshop on the City staff’s proposal on a permit parking program for Lewes Beach. We highly recommend you review the staff’s existing explanation (click here) and the proposed parking map (click here) to see how this impacts you.

In sum, there will be four hearings in January on City proposals impacting Lewes Beach.

City To Vote Monday, December 13th on 3 More Public Hearings on Proposals Targeting, Impacting the Beach (12/11/2021)

Despite repeated public hearings demonstrating that previous City proposed ordinances were not ready for explanation, consideration or compliance, the City will vote to hold 3 more hearings on staff drafted proposals. The M/CC voted unanimously on November 8th to have staff prepare a proposal that would amend the definition of Substantial Damage so it would apply over a one year period instead of the City’s current ten year standard. This would have been terrific news for us. Instead, the staff did the reverse. Their proposal would expand the 10 year period to the life of the building. We alerted members of Council who sponsored the proposal to what the staff had done, but the language was not changed. On Monday, the city will vote on whether to hold a hearing on the staff draft. Click here for the draft.

The City will also vote on holding another hearing on the off-street parking proposal that was part of the former staff proposal entitled, Building Height, Etc. None of the questions raised at the prior hearing about the problems with the parking language have been addressed. Click here for the draft.

Finally, the City will vote on a proposal drafted by the City Planner to significantly expand her authority over issues involving all aspects of your property, construction, renovation, maintenance, and compliance. As has been noted, all of the controversial ordinances we've been fighting this year were drafted by the City Planner. Click here for the draft.

Here’s a link to the M/CC meeting on Monday evening, starting at 6:30pm at City Hall.

This entire experience does make one wonder who is in charge.

Significant Legal and Practical Problems Exposed in City Staff’s Source Water Protection Overlay Proposal (11/10/2021)

During a workshop on December 6th, LBCA members highlighted multiple problems with the City’s most recent staff draft proposal on Source Water Protection Overlay. Over the course of the workshop, City officials repeatedly acknowledged that the language was not clear, practical consequences were not addressed, and the City had no idea how many homes would be impacted or the cost of compliance. Among other things, the City acknowledged or admitted the proposal as drafted:

• Had nothing to do with the protection of drinking water, the statutory basis for Source Water Overlay protection;

• As designed, would have little to no impact on flooding:

• Would require all driveways, walkways and decks, regardless of size or height, to be built with approved, pervious paving materials:

• Failed to include all pervious materials in its list of approved paving materials;

• Would apply to walkways made of flagstone or similar stepping stones;

• Would require all decks to be built with approved paving materials and not wood or wood composite;

• Failed to address the realities of requiring homeowners to build a stormwater reservoir for a walkway;

• Would require every driveway, walkway, and deck, no matter the size, to be built with an engineered system based upon local geotechnical conditions approved on a case-by-case basis by the City Engineer, a requirement that is not explained;

• Provides no explanation of the process a homeowner would have to exhaust to win city approval.

City officials also acknowledge that despite the wording of proposal, it was meant to apply only to new construction, in part to protect Cape Shores from having to comply with the proposed standards if it replaces the roads inside the community.

No one spoke in favor of the proposal.

City Sued Over Rejection of Its Fisher’s Cove Development Proposal (12/11/2021)

The City of Lewes was sued in state court over its role in denying preliminary consent to the proposed Fischer’s Cove subdivision. Burke & Rutecki LLC, the developer involved, claims the City imposed arbitrary and capricious standards, including standards not found in the City Code, and that the entire review process suffered from bias, outside communications with private opposition groups, and delays over the three years the proposal was under consideration. Click here for the article in the Cape Gazette.

Days later, the developer sued the City a second time asking for compensation for the temporary taking of its property, damages, attorney fees, and other relief the court sanctions. Click here for an article in the Cape Gazette.

If the lawsuit is successful, it’s been estimated that the cost to the City could easily run into the millions.

City To Hold 2 Public Workshops - One on the Subdivision and Land Development Code on Nov. 23rd, Second on a New Source Water Ordinance Impacting the Floodplain On December 6th (11/20/2021)

The City’s ordinance push is continuing. This coming Tuesday, November 23rd, starting at 10:00am, the City’s Subdivision Code Subcommittee will be holding a public workshop to obtain public feedback on proposed changes to the Subdivision and Land Development Code. The workshop will be held at the Rollins Community Center. Unfortunately, the proposal to be discussed was not included in the announcement, so it’s not easy to determine what’s being considered or who is impacted.

On Monday, December 6th, the City will hold a workshop on a new Source Water Ordinance. Many were led to believe that any new proposals involving Sea Level Rise or Source Water would be deferred until after the Executive Committee on Resiliency had completed its work. When asked, City officials said the Executive Committee decided not to address the issue of Source Water, so the City is moving forward with new proposals. Reports that the new proposal only applies to major subdivisions or properties of more than 1 acre may not be accurate. Among other things, the new proposal would mandate that with development of properties in “excellent recharge areas” of 1 acre or less, “all walkways, decks, and other paved surface [sic] must be comprised of pervious materials.”

Consequently, based upon the language of the proposal, it appears that properties on Lewes Beach will be impacted. The location of “excellent recharge areas” can be found here. The 12 page proposal can be found here.

City Moves Forward on First Pro-Lewes Beach Proposal, Withdraws Building Height Proposal, Announces January Workshop on Beach Parking. (11/9/21)

On Monday, November 8th, the Mayor and City Council voted on several key issues impacting LBCA members. They unanimously directed City staff to prepare a draft ordinance reducing the current 10 year cap on repairs and home improvements to 1 year. They unanimously voted to withdraw three key provisions in the highly controversial proposed ordinance entitled, Building Height, Etc. They announced that City staff will hold a public workshop in the evening on January18th,2022 on Lewes Beach public parking. And finally, they approved the subdivision plan for the Thomas property on the corner of Bay and Oregon Avenue.

During the three-hour session, Deputy Mayor Williams and Council Member Saliba offered a two-part proposal. The first part reverses the City’s current ban on repairing or maintaining a home in the floodplain if, over the last 10 years, more than 50% of the value of the home has been spent on repairs, maintenance, or renovations. Currently, once the 50% cap is reached, the homeowner must first bring the property into compliance with all new building rules, regardless of cost. The second part creates a mechanism allowing the public to submit proposed solutions to problems in the floodplain. Click here for their proposal. After extensive discussion, it was agreed that staff would draft a proposed ordinance to reduce the 10 year cap to 1 year, which would mirror FEMA’s existing standard. If such a proposal passes, it would mark the first time the City has approved an ordinance that protects homeowner rights in the floodplain in a very long time.

In addition, at the recommendation of Deputy Mayor Williams, the City voted to withdraw the controversial Building Height, Etc. proposal which would have imposed a raft of undefined and vague building height rules only on Lewes Beach and an equally confusing set of rules governing private parking throughout the entire city. This is the same proposal the City tried to enforce before the City Council had a chance to review or approve it. When explaining the reasons for the unprecedented withdrawal of the proposal, repeated references were made to the compelling testimony at the City’s October 26th hearing from impacted property owners.

Following public commentary, and a recommendation from Council Member Saliba, the City agreed to move a proposed staff Beach Parking workshop to the evening of January 18, 2022, so that impacted homeowners can participate. There continues to be considerable confusion about what the City staff is recommending or the framework in which public parking spots and related issues will be considered or assigned. We highly recommend you to review the staff’s existing explanation (click here) and the proposed parking map (click here ) to see how this impacts you.

And finally, the City approved the proposed subdivision of the property at the corner of Oregon and Bay Avenue. In explaining the decision, the Mayor and City Council pointed out that the proposed subdivision met current City requirements for a minor subdivision but also attached to its approval a list of additional conditions the property owners must address.

City Will Address First Pro-Lewes Beach Proposal, Beach Parking, and Building Height Ordinance on Monday Evening, Nov. 8th. (11/6/21)

On Monday, November 8th, at the M/CC meeting, Council Members Williams and Saliba will offer a two-part proposal. The first part will reverse the City’s current ban on repairing or maintaining a home in the floodplain if, over the last 10 years, more than 50% of the value of the home was been spent on repairs, maintenance, or renovations. Currently, once the 50% cap is reached, the homeowner must first bring the property into compliance with all new building rules, regardless of cost. If the proposal is adopted, property owners will again be free to repair and maintain their homes like all other Lewes residents. The second part creates a mechanism that will allow the public to submit proposed solutions to problems in the floodplain. Click here for their proposal.

In addition, there will be a discussion about the City staff’s proposal to hold a workshop on February 2, 2022 on beach parking. The number of problems with the proposal are growing as people have a chance to read it and the accompanying map of possible parking spots and existing “encroachments.” For a copy of the proposal, click here. For a copy of the map, click here .

And, there will be another discussion about the recently proposed Building Height, Etc. ordinance. The City will recommend breaking the proposal into 5 separate ordinances. The latest proposal makes no mention of delaying consideration of those portions of the ordinance that address issues before the Executive Committee on Resiliency or that, on their face, appear to violate the City’s Code of Conduct. There will no vote on the proposal. Click here for the information shared on the revised Building Height Proposal.

Again, if interested, we hope you will speak in support of the Williams/Saliba proposal. It’s the first time in recent memory that the Council will take up a proposal that actually helps Lewes Beach homeowners. The meeting will begin at 6:30pm at City Hall. Click here for the Zoom link.

City Backs Away From Proposed New Rule on Roofs and Parking (10/27/21)

Following a public hearing on the proposed Building Height, Etc. ordinance, the Mayor signaled the city would not vote on the proposal in its entirety in November.  It now looks like the City will break the proposal into separate parts and consider each individually. LBCA’s petition, signed by 176 Lewes homeowners, testimony from LBCA members and others, and on-point questions from those watching online made clear the proposal was not ready for consideration or even explanation. Not a single person spoke in support of the proposal.

The staff of the city of Lewes had proposed a new “flood plain” rule which would nearly double the required roof pitch on residential homes, eliminate flat roofs, and make it extremely difficult to have observation decks, even those covering only part of a roof. Click here for a copy of the proposal. No explanation was provided for how the proposed rule relates to flooding. Oddly, the rule appears to only apply to Lewes Beach, specifically exempting flood plain property on the town side of the canal, including properties owned by the Mayor and a City Council member. In addition, the proposed rule would significantly expand the role of the city planner in construction rules and enforcement.

City Admits There Was No Legal Basis to Require You To Tear Down Your Home Before Submitting a Building Permit Application (10/27/21)

The City of Lewes announced at a recent hearing that it has removed its requirement that property owners on Lewes Beach must first tear down the existing home on a property before applying for a building permit for the replacement house. The City has acknowledged there was no legal basis or authority for this rule. No explanation of this major reversal in policy has been provided on the City’s website.

LBCA repeatedly complained to the city about the unfairness of the rule and the lack of any explanation. It was pointed out that since the city reserves the right to enforce regulatory proposals created by city staff as if they have already been approved, it is impossible to know in advance whether any building permit submission will be satisfactory. You cannot simply look at the code. Instead, until now, the only way to find out for certain was to tear down your house, submit your application, and then learn what new rules may apply.