Donovan Smith residents plea for annexation at Lewes hearing

Emotions ran high April 4, when Lewes Mayor and City Council held a public hearing on annexation of the Donovan-Smith Manufactured Home Park.

Residents of the park, suffering for years with water and sewage issues, filled the room. For residents of Donovan-Smith, this was their chance to have their stories told and problems heard by an elected body governing a city that wraps around their embattled community.

The owner of the park, Kenneth C. Burnham, requested annexation in 2017, but he needed to secure a loan before connecting Donovan-Smith to Lewes Board of Public Works’ water and sewer systems. In February, after securing the necessary financial terms, Burnham submitted a letter to the city requesting it proceed with annexation. However, citing the 50 percent rate increase for non-Lewes residents utilizing BPW services, Burnham’s attorney John Paradee claims it is not economically viable for his client to move forward without annexation. 

Paradee was the first to speak to council, giving members a background of the property, a history of the problems attempting to be resolved, and the reasons he believes Donovan-Smith should be annexed. Paradee argued annexation was already approved in January 2018, is consistent with the city’s comp plan, and it will add to the city’s affordable housing goals. 

According to Paradee, the city’s annexation plan states the city is interested in expanding boundaries in order to have more control over surrounding development, add areas currently served by the Lewes BPW, and to assert control over and protect its wellfield. The comp plan, detailing the city’s annexation area, shows the entire Donovan-Smith property within the targeted zone.

Paradee said that if annexation were to occur, all of the streets would be replaced, and the owner would work with the BPW to repair and maintain the electrical infrastructure within the park. 

Deputy Mayor Andrew Williams asked Paradee if the owner would consider hooking up to the Lewes BPW without annexation, should the rates for Donovan-Smith residents align more closely to Lewes residents’ rates. Paradee replied yes, and Williams reminded him the Lewes BPW controls rates, and the City of Lewes is not a part of deciding those rates.

Citing the city’s code, Williams said, among other things the park would be noncompliant with, that new manufactured homes could not be placed inside the flood zone. Annexation will bring existing homes into the city as nonconforming, but as they would need repairs – and if those repairs go beyond certain levels – then conditional uses would come into play.

Under a memorandum of understanding between the state, BPW, owner and his bank, residents would not be subject to an increase in rent, nor would they be responsible for their water and sewer bills for the next 20 years, but there would still be fees assessed to residents should they be annexed. Williams reminded residents of Lewes' stringent code and that if they were to be annexed, they would be required to comply with that code. Any current home would be grandfathered into the current city code, but any new homes moved to or built on an empty lot, or taking the place of an abandoned house would have to be compliant.

Williams, one of the council members Paradee claimed to be against annexation, said he had met a few of the community's residents and by all accounts were great people and neighbors. However, the decision to annex, in his opinion, goes beyond the character of the people in the park. Williams said if the decision were strictly based on that criteria, there would be no question in his mind.

Terry Saunders, public affairs officer of the Donovan-Smith Homeowners Association, echoed the frustrations and dejection felt by many residents in attendance. Saunders asked council why she and her neighbors are not worthy of inclusion into Lewes. The only reason she heard for excluding Donovan-Smith residents from the city is that it will cost residents money. Saunders pointed out that they have had unpermitted septic for 24 years and that she has personally been cleaning up trash around the park since 2009.

“I was the child of a diplomat where 50 years ago they had clean water and sewer, so this to me is unacceptable,” Saunders said. “Well, here’s dollars and cents: We’re retirees, we clean your house, we manage your stores, we cook your food, but we’re not good enough to be annexed into Lewes?”

Saunders said she fully understands the costs that would come with annexation, but that is a price she would gladly pay for humanitarian services. She asked council to separate the dereliction shown by the owner from the hard work she sees in the residents of the community. 

Clara Ramirez, a mother, agreed with Saunders about the cost not being an issue. She said children are the future and if that means providing them with access to clean water and a safe place to live, the cost will be worth it, no matter what it is. 

Testimony from other residents shed light into the daily conditions for those living in the park. One resident claimed they have had to use bottled water for the last five years, while another resident said there are concerns about flushing a toilet while doing laundry, and another resident said appliances that use the water must be replaced more frequently than usual because of residue buildup.

Health concerns were also raised, as one resident, Sharon Ash, talked about how the air in the park, despite the day being described as a beautiful day, was rancid. Ash said she woke up to a pond of raw sewage sitting in the waving grass, a sore throat, liquid in her right ear and a headache. She also talked about electrical issues being experienced in the park that management promised to correct nine years ago. They are yet to be addressed. 

Fred Beaufait, a former council member, spoke in favor of annexation. Beaufait focused his words on Councilman Tim Ritzert and Williams, asking both men to consider what he believes to be a commitment the previous council made in good faith. He said four years of prior work cannot be dismissed, and that all the necessary legwork that needed to be done has been completed. Referring to the park residents as neighbors, he asked council not to abandon them and claimed that even delaying such a process would be a smudge on the city itself.

Williams challenged Beaufait, asking him why council did not approve annexation back in 2018. He then asked Beaufait to then explain the plethora of issues that surrounded the years-long delay in annexation. Beaufait reiterated that this was and is a special case, and he believed the city was putting its best foot forward in the effort. Beaufait said he believes there is no reason to delay or vote against the annexation because there is no time limit placed on the process.

Mayor Ted Becker confirmed the history of the annexation, saying there was indeed work being done in 2018, but there was also a great deal of work that still needed to be accomplished, such as the design of the sewer and water systems.

Carol Parsons, a Donovan-Smith resident, chose to focus her testimony on the different types of people living in the park. She characterized many of the residents as workers and the people who make Lewes the tourist destination that it is.

“We’re the people of lower economic means,” she said. “That doesn’t mean we don’t take pride in what we own, that we won’t take care of what we own, but we also need something from you people, which we aren’t getting from Donovan-Smith, and that is clean water,” Parsons said.

She believes that if they are given a chance to have a community they can be proud of, there will be a positive ripple effect on the Donovan-Smith residents.

The public record remains open until noon, Friday, April 8. The council will meet at 6 p.m., Thursday, April 14, to further discuss the annexation.