Despite AG challenge, Rehoboth appoints new member to BOA

Despite a complaint submitted to the state attorney general questioning the legality of the noticed meeting agenda, Rehoboth Beach commissioners appointed Randy Mason to the city’s board of adjustment.

During a meeting Aug. 21, Mayor Paul Kuhns said former board member Linda Kauffman had stepped down this past spring and board Chair Jerry Capone was asking for the vacancy to be filled. There are more than two years left on Kauffman’s term; she had been reappointed to the board in October 2019.

Rehoboth Beach residents Marie Hatkevich and Harvey Shulman submitted the complaint Aug. 20, the day before Mason was appointed. They argued there was a violation of the Freedom of Information Act because the meeting agenda didn’t disclose Mason as the candidate despite the mayor knowing Mason was the only candidate.

“As the [Department of Justice] knows, the [board of adjustment] in every city, town and county has significant decision-making authority that affects property rights of applicants and neighbors. And [board of adjustment] decisions are self-effectuating and can be implemented immediately, unless stayed by a court,” said the complaint. “For these reasons, the public’s right to contact the [mayor and commissioners] with feedback on any proposed [board of adjustment] member is meaningless unless the public knows – in the meeting agenda published 7 days in advance – specifically who is being nominated and voted on.”

Mason received five votes for his appointment, one against, and one commissioner abstained. Kuhns and Commissioners Lisa Schlosser, Pat Coluzzi, Steve Scheffer and Richard Byrne voted in favor.

Coluzzi said it was the job of the mayor to nominate board and committee members, and the job of the commissioners to vote on them. This board was elected to make these decisions on behalf of constituents, she said.

Resident Tom Evans agreed with Coluzzi that the commissioners were elected to make decisions. However, he said, it’s the citizens’ right to make sure the process is transparent.

Commissioner Susan Gay was the no vote. She said she was concerned with the process, that the board of adjustment now had two real estate professionals on the five-member board and that the city could open itself up to legal issues if the attorney general’s office says there was a problem.

“What’s the rush to vote today?” she said.

Commissioner Edward Chrzanowski abstained from the vote. He said Mason was a fine candidate, but he was also not thrilled with the vote.

Prior to the vote, City Solicitor Glenn Mandalas said it was his opinion the agenda item was noticed appropriately. Dating back to at least 2006, he said, the city has not included names.

Mandalas said he did not know when the attorney general would make a ruling.

Lake Avenue streetscape contract awarded

By unanimous vote during the Aug. 21 meeting, the commissioners awarded a $1.22 million contract to Newark-based Grassbusters Landscaping Co. for Phase II of Lake Avenue street improvements. The federal government has put roughly $850,000 toward the project. The city has budgeted $400,000.

Work includes a number of different aspects.

At the intersection of Third Street and Lake, Maryland and Olive avenues, the triangular island will be extended toward Lake Avenue and a formalized four-way stop sign will be installed.

At the Maryland Avenue and Second Street intersection, all four corners will be made wider, and one of the turn lanes next to the Maryland Avenue entrance of The Breakers will be eliminated.

At Second Street and Olive Avenue, Second Street will be slightly altered so that it comes into Olive Avenue at 90 degrees. A stop sign will be installed on Olive Avenue at the intersection.

DelDOT granted easement on Warrington Road

Also by unanimous vote during the meeting, commissioners granted the Delaware Department of Transportation a right-of-way easement on city property off Warrington Road. The pie-shaped property is home to one of the city’s water wells.

Public Works Director Kevin Williams said the easement was needed for construction of an entrance to the new Beebe Healthcare Campus adjacent to the well. He said a traffic circle is planned for the intersection.