Rehoboth outfall vote challenged

Some Rehoboth voters have challenged the results of the Rehoboth Beach outfall referendum, just as the city has begun planning the next steps for the $52.5 million project.

Carl Kanefsky, spokesman for the Delaware Department of Justice, said the department has received complaints about the referendum, which are being investigated by the Office of Civil Rights and Public Trust.

Kanefsky said the department had no further comment on the matter as it is a pending investigation.

The June 27 referendum, which allows the city to borrow funds for the project,  passed by only 31 votes, 637-606.

Rehoboth property owner John Bloxom met with state investigators regarding his argument that the city's six-month residency requirement to vote in special elections is unconstitutional. Bloxom also opposed the interpretation of the charter that allowed some property owners to have two votes.

During the election, every property owner and every registered voter was eligible to vote. Those who owned their property through a corporation or LLC could vote on behalf of the corporation and, if they were a registered voter, could also vote for themselves. Commissioner Bill Sargent said he voted in this manner. Bloxom said allowing people to vote twice is unconstitutional and should void the results.

While there is still some question as to who has filed complaints, one group that hasn't is the Delaware Chapter of the Surfrider Foundation. Although the chapter is opposed to the outfall project, Surfrider members John Weber and Gregg Rosner both said the foundation has not challenged the election results.

Mayor Sam Cooper said he found questioning of the result disappointing but that the Department of Justice has an obligation to look into the matter.

“I don’t think there’s anything there,” he said.

City Manager Sharon Lynn said the results of the election have been certified, and the city is moving forward with the project, with construction slated for a fall 2017 start. She said if the result were overturned, the city would have to hold a revote. Lynn said she was confident the city's election procedures were on the up and up.

Cooper said the city’s engineers, GHD, have met with officials from the Department of Natural Resources and Environmental Control over necessary permitting. The city needs seven permits before construction can begin; Cooper said some of the permits require construction drawings before the permits can be issued.

“The idea is all the permits will go as one to the state. There will be one public hearing,” Cooper said.

He said GHD is also soliciting proposals for surveying work for the force main, which will take treated effluent from the wastewater treatment plant to the diffuser site, 6,000 feet off Deauville Beach.

Cooper said bidding on the project would take place in early 2017; the city will prequalify bidders on the outfall section of the project.

“We want to know they have the capabilities. We don’t want someone cutting their teeth on us,” he said.

The $52 million outfall project breaks down, according to the city’s figures, as $25 million for the outfall pipe, $10 million for upgrades to the wastewater treatment plant and $12.5 million for an upgraded biosolids treatment facility. The city has already received the go-ahead for funding for the plant and outfall portions of the project from the Delaware Water Infrastructure Council. The city plans to use three different contractors for each portion of the project.

Cooper said the city plans to submit a notice of intent to apply for funding for the biosolids treatment facility in August. He said once the city files their intent to seek funding, the city would receive a formal application.