Lewes BPW candidates address some big issues
Four candidates are seeking three seats on the Lewes Board of Public Works in the Saturday, May 8 election. Each seat carries a three-year term. Running for seats are incumbents Robert Kennedy, Tom Panetta and Robert Kennedy, and challenger Richard Nichols. Each candidate was asked by the Cape Gazette to answer the same questions about topics important to ratepayers.
Biographical information
Robert Kennedy: I was born and raised in Lewes, and resided in Lewes until I entered on active duty with the U.S. Army. After completing my military obligation, I returned to Lewes and worked at Fish Products Company as its assistant comptroller until the company was sold in 1974. I then spent 21 years as executive director of the Delaware Public Service Commission, where I was responsible for running the daily operations of the division and ensuring utility applications were reviewed for compliance with Delaware law. After leaving state service, I spent 15 years with Kent-Sussex Industries as their comptroller. I returned to Lewes in 2004, when my wife and I built our home in Cape Shores. I am 76 years young!
Richard Nichols: 78 years old. Native Delawarean and Lewes resident for two years. Columbia University BA, MA Architecture and MS Architectural Technology. New York state licensed architect. Construction project manager New York City for 36 years. Construction project manager Tehran, Iran, for 2 1/2 years. Board of directors president of 73-unit co-op building for five years in New York City. Responsible for the management of multimillion dollars of construction projects. Direct interaction with local and state construction authorities, trade unions, contractors, subcontractors, suppliers, architects, designers, engineers, consultants, tenants, owners, developers, testing labs, mockup test facilities, fire and building department filings and inspections. I believe my experiences and background and interpersonal skills contribute to BPW’s ongoing property, construction, maintenance and related planning activities.
Tom Panetta: 62 years old. Degree in nuclear and structural engineering. We bought our Victorian house in 2001 and moved here full time to renovate it. Richard Scalenghe has been my husband for going on 30 years.
Earl Webb: I am proud to be a sixth-generation Delawarean. Although my corporate career took my wife and me to 10 different states and two European countries, Delaware has always been home. Being grounded in the desires and thoughts of our community is a driving force behind my desire to serve. I was appointed to BPW as the treasurer after Jack Lesher retired. Although I have only been on the board for eight months, I was humbled by the letter to the editor written by Jack conveying his support for me in this election and to remain as treasurer. My sincere hope and desire is to continue serving as treasurer for the next term. I am excited about the opportunity and ready to get to work.
The relationship with Lewes Mayor and City Council has been rocky over the last few years. If elected, what would you do to repair the relationship? And what will it take to get there?
Kennedy: The BPW has offered to end its disagreement with the city by agreeing to give the city what it originally asked for, only to have the city “move the goalpost” and now demand total control over BPW operations. I find that unacceptable as it contravenes the clear authority granted to the BPW in its charter issued by the Delaware Legislature. Notwithstanding, I am still willing to work with those on city council who seek to end this matter in a way that acknowledges the important separation of responsibilities between our two organizations, strengthens our long-standing relationship, and continues our practice of working together in the public interest on matters of common concern.
Nichols: The city and BPW must resolve their relationship and work together for the public’s best interest. I understand that the city contends they have oversight authority of the BPW, and the BPW contends they are totally independent. Each has a charter which was enacted by the General Assembly. One possible resolution would be to have the legislative attorneys review both charters side by side and determine the legislative intent. Both the city and BPW would have to accept that determination. A second possible solution would be for two representatives each from BPW and the city to lock themselves in a room with an impartial mediator and not come out until they hammer out a written agreement how to work together. The failure to resolve the relationship has gone on too long and has been very expensive for the citizens and ratepayers.
Panetta: It is very unfortunate that what has been a century-long working relationship has been strained over the last several years. In July 2020, the BPW committed that the city would have the final determination on any BPW service outside the city’s municipal boundaries and to include this in a future charter change. Until the charters are updated, BPW agreed to implement this by resolution. Once the elections are over, there is no reason both entities cannot come together and resolve the remaining differences and reestablish our long-standing relationship. It is clear that the ratepayers and taxpayers want to stop the money being spent on this dispute and to have us focus on the joint service we provide.
Webb: This is the No. 1 issue I hear from our customers. As the treasurer, I understand the financial and resource issues this has placed on the BPW and the mayor and city council. The new elections seem to have elevated the conversation. Both sides need to seize the moment to solve this for the betterment of Lewes residents and BPW customers. If we cannot find common ground in a reasonable time frame, I would suggest we follow up on the recommendation made by the Cape Gazette in 2020 and hold a referendum. In other words, if the BPW and the city can’t resolve it, let the people decide.
The failure at the wastewater treatment plant in December 2019 is still fresh in the minds of many residents. Do you believe the BPW deserves some blame for what occurred? And have appropriate actions been taken since?
Kennedy: The BPW’s WWTF Root Cause Report published and adopted Feb. 26, 2020, details our understanding of the causes leading up to the failure of the plant and the recommended corrective actions to be taken. On page 3 of the report’s executive summary, there are eight corrective actions listed, two of which apply to BPW staff and board. Those two are further discussed under BPW Enhanced Oversight on page 16. A copy of the report is posted on the BPW web page and I encourage everyone to read it. These corrective actions have been adopted and, as a result, we have a high degree of confidence that the causes that led to the plant incident will not be repeated.
Nichols: I believe that the BPW has some responsibility for the event at the WWTP in December 2019. The Root Cause Report states that a prior event in April 2019 was reported to BPW. Based on my research, Severn Trent, the prior contractor, advised BPW on two separate occasions – even earlier – that the membranes/filters were near the end of their lifespan. These earlier indications of possible gaps in operational performance should have stimulated the staff and board to be more proactive in oversight and monitoring of its contractor. Apparently, it took the December 2019 event to put in place a number of new procedures. These actions were appropriate in view of the failure and will provide safeguards going forward as long as these new procedures are followed, monitored and revised as needed.
Panetta: As the author of the Root Cause Report, I want to assure the public that the BPW took this event very seriously. Out of the 19 lessons learned, five were directly related to the operation of the BPW, both for the wastewater treatment facility and all of our operations. These include: BPW’s engineers and staff to perform a more detailed quarterly plant inspection; enhanced monthly reports including analysis from the filter manufacturer are reviewed by the board; and upgrades to systems to improve redundancy, enhance alarms and improve operating procedures; and the evaluation of the impact of sea-level rise on the facility. It is unfortunate that the event ever occurred. The BPW responded quickly to the incident, with both the president and I being on site daily during the recovery from the failure.
Webb: I can see the treatment plant from my front door. At least half of the water that comes out of the plant goes in front of our house. I am passionate about the plant. I was not on the BPW board when the spill occurred. That said, I carry the weight of that event and I hope that everyone that joins the board over the next 20-plus years carries that weight as well. It will ensure that we are doing all we can to protect the environment and our customers. I study the monthly reports about the operation of the plant, as do the other board members. It is my opinion that the treatment plant is being run very well, but we must remain vigilant.
Besides those already mentioned, what important issues would you like to tackle if elected?
Kennedy: Institute testing of major water and sewer mains to determine whether mains can be refurbished by lining and retained or must be replaced at a much higher cost. Continue to look for innovative ways to reduce the cost of electricity while accelerating the amount of renewable and solar energy in our power portfolio. Review our rates on a regular basis to ensure that the rates are the lowest ones consistent with our obligation to provide reliable service now and into the future, that rates are based on cost, and that rates collect BPW revenues in a fair and equitable manner.
Nichols: The immediate issues I would like to tackle are public outreach, sea-level rise and storm surge. Public outreach would include two-way communication, workshops to inform the public of BPW policies and procedures, opening the budget process, and timely response to public inquiries. As to sea-level rise and storm surge, there needs to be a plan going forward to address these issues regarding the wastewater treatment plant. This critical facility is very vulnerable as it is in the floodplain and the marsh.
Panetta: Ensure that the BPW infrastructure is ready for the impacts of climate change and sea-level rise, and the increased electric demand from electric vehicles. Improve communication and transparency. Last year our billing system was upgraded to provide easier-to-read and more informative bills. I want to focus on upgrading our website to provide easier access to meeting information and improve our outreach to customers. Continue the replacement of our sewer and water system to eliminate rust in the water and the amount of infiltration into our sewer system. Pursue the installation of a solar field and batteries to reduce our carbon footprint while reducing the rates our customers pay.
Webb: Based on the 300-plus customers I have spoken with, I believe every business or governing body has a responsibility to the people we serve to improve and get better every year. I have seen that mind-set at BPW and I want to build on that and accelerate the value we bring to our customers. My guiding principles are as follows: 1. Expand and encourage public involvement by improving transparency in BPW. 2. Embrace best practices to increase reliability and customer satisfaction. 3. As treasurer, ensure fiscally responsible policies. 4. Develop eco-friendly and cost-efficient solutions to keep price affordable and our customers safe. 5. End the costly dispute between BPW and the city.
