Future of Lewes BPW on council agenda Dec. 10

Lewes officials are considering major changes to the charters of the City of Lewes and the Lewes Board of Public Works.

Mayor and city council will meet at 5 p.m., Tuesday, Dec. 10, to discuss consolidating the charters.

According to a press release issued by City Manager Ann Marie Townshend, consolidation will increase accountability, transparency and efficiency of the city’s utility services. The proposed changes would also allow the city to better manage development outside the city through annexation to safeguard the city’s resources and decrease sprawl, the release says.

The proposed charter changes come as the city and BPW are embroiled in a power struggle, stemming from the BPW’s intention to grant waivers or completely abandon a pre-annexation agreement, which requires property owners outside city limits who want BPW services to sign off on immediate or future annexation of their property.

The BPW filed a lawsuit in July seeking the court’s opinion on whether a pre-annexation agreement is enforceable and whether the city has ultimate authority over the BPW.

Over the last five months, each side has made its case in written briefs, with the city seeking dismissal of the case and the BPW seeking summary judgement. The next step, including making a decision on motions or hearing oral arguments, is up to Superior Court Judge E. Scott Bradley.

The BPW has scheduled a meeting for 2 p.m., Wednesday, Dec. 11, to discuss the city’s proposed charter changes. The meeting will be held in the BPW’s second-floor meeting room.

BPW President Pres Lee said he offered to meet with city officials to avoid charter changes, hoping their issues could be worked out through policies or memorandums of understanding, but the city declined.

“I’m sorry to see it going this way,” he said.

The Board of Public Works consists of five elected members. Mayor Ted Becker serves in an ex officio, nonvoting role. BPW shares a building with city staff and the police department, and BPW has its own staff, including a general manager.

For many years, the city and BPW shared the same legal counsel, but that changed in April 2017, when BPW hired Michael Hoffman of law firm Tarabicos Grosso. Glenn Mandalas of Baird Mandalas Brockstedt remained as the city’s attorney. Due to his previous role as BPW’s attorney, Mandalas is not participating in the city/BPW lawsuit, and the city hired Drinker Biddle  & Reath out of Wilmington.

If the city decides to move forward with charter changes, they must be approved by Delaware General Assembly. Sen. Ernie Lopez, R-Lewes, declined to comment prior to the meetings but said he will release a statement Thursday, Dec. 12. Rep. Steve Smyk, R-Milton, could not be reached prior to the Cape Gazette’s deadline.