For many years, RBHA has provided summaries of key City meetings in our print newsletter. We usually summarize Commissioners monthly meetings and Board of Adjustment meetings. You can access past reports in our Newsletters section on this site. Going forward, those summaries will also be posted here. Check back for updates!
Did you know you can access documents created to support Board of Commissioners’ agenda topics via the city website www.cityofrehoboth.com? There are two ways to do this.
Supporting documents, when available, are compiled into a “Support Document Packet” prior to each workshop and regular meeting of the Commissioners. Support packets contain information such as the agenda and reports created for specific agenda topics (when available prior to the meeting – some documents not included are handouts distributed during the meeting). The packets are accessible on the web pages dedicated to the Board of Commissioners meetings. Here is a link: http://www.cityofrehoboth.com/government/city-boards-commissions-committees/board-commissioners
Another place to view available supporting documents to agenda topics is to see “Ongoing Business” on the website. Here a table of contents lists agenda topics. Click on a topic and you are taken to a chronological listing of documents specific to that topic. Any supporting documents not available prior to a meeting but were distributed at the meeting ARE included here. You’ll be able to follow how each topic evolved. http://www.cityofrehoboth.com/businesses/ongoing-studies
Board of Commissioners Meetings
December 16, 2016
Police Report: Chief Banks reported for the month of November a total of 143 arrests, 136 adult and 7 juvenile. These included 137 traffic violations, and 6 criminal. The Chief also reported 935 vehicle patrol hours and 163 foot patrol hours, 1038 commercial door checks and 943 residential door checks, for total man-hours for police/dispatch of 4255 hours for November. Current staff is 14 officers, 5 administrative staff and 13 dispatch.
Fire Company Report: John Meng reported 41 crew calls and 6 alarms in November. A new ambulance is in service. The Fire Company is looking to replace a fire apparatus which will cost approx. $500,000. Support will be needed from the public in purchasing this apparatus.
Report of Building and Licensing Dept: Six new construction permits were issued in November, 4 residential additions, and 54 alterations/repairs.
Report of the Planning Commission: Chairman Mellen reported on a partitioning request related to Park Place at the Canal. Request made to subdivide Unit 15, aka 201 State Rd. Following a lengthy discussion of technical and legal issues, the current application was withdrawn. The Planning Commission then had a lengthy discussion about the BeachWalk Site Plan review which had been tabled at the Oct. 21 meeting following a decision by the PC that the project would be treated as a Major Subdivision. During these discussions, the owner of the property stated that he would not filing a Subdivision application at this time. The issue remains tabled.
New Business: Motion made to accept recommendation of the Audit Committee in reference to City's audit for the fiscal year ending March 31, 2016. Motion carried unanimously.
Motion made to approve a resolution to permit City officials to close on the USDA $18M loan for City Hall Complex project before the end of December 2016 at an interest rate of 2.375% (down from estimate of 3.5% saving over $3M over the life of the loan). Motion carried unanimously.
Update on the filter and pretreatment building roof projects at the City's wastewater treatment plant - total cost expected to be approx. $234,000 with a contingency of 10% included in that figure.
City Manager's Report: Pre-bid conference held regarding Boardwalk repairs from Grenoble Place to Surfside Place. City Hall update - electrical, mechanical, plumbing on schedule. Masonry/carpentry continues. Undergoround storm pipes being laid in west side parking lot.
November 18, 2016
Police Report: Chief Banks reported for the month of October a total of 187 arrests, 181 adult and 6 juvenile. These included 164 traffic violations, 8 civil, and 15 criminal.
Report of Building and Licensing Dept: Four new construction permits were issued in October, 53 residential additions, and 40 alterations/repairs.
Permit of Compliance Hearing: The 33 Groups Inc. presented request to operate a new restaurant with patio to be known as The Blue Hen, located at 33 Wilmington Avenue. A discussion was held on the details of the application. There was no public comment. Hearing no objections, a motion was made to approve the request. Motion carried unanimously.
Old Business: A motion was made to adopt an ordinance adding a new Section 270-23.1 related to clarifying that no more than one single-family detached dwelling may be constructed on a lot in all zoning districts. A public hearing was previously held on October 21. There will be no significant impacts on nonconforming uses and nonconforming structures, and the ordinance helps to clarify the Code for the Building Inspector. Motion carried unanimously.
City Manager's Report: Phase 2 of fire hydrant painting ongoing and will continue through the winter. Update on City Hall construction, including electrical and plumbing, carpentry, and masonry. Updates also given on Lake Avenue streetscape, beach nourishment, stormwater outfalls and ocean outfall.
October 21, 2016
Police Report: Chief Banks reported for the month of September a total of 216 arrests, 212 adult and 4 juvenile. These included 148 traffic violations, 31 civil, and 37 criminal.
Fire Company Report: John Meng reported 45 crew calls, 5 alarms, and 1 assist for September. The assist was in Lewes at a fire at Plantations, where a house caught on fire due to lightning strike. He also announced the forthcoming Hoedown, to take place during the Sea Witch weekend, as a fundraiser. Tickets are $50.
Report of Building and Licensing Dept: A new code enforcement officer has been hired to fill a vacancy. One new construction permit was issued, 2 additions, 40 alterations/repairs. Dept on target to cover operations cost for the year.
Report of Planning Commission: Chairman Mellen reported that meeting had occurred just a few hours prior to BOC meeting, to continue site plan review for Beach Walk. At that meeting, they voted unanimously to declare Beach Walk a subdivision. It can also go forward to site plan review, which was tabled at today’s meeting, so that applicant can respond to subdivision decision.
Public hearing on ordinance amending Chapter 270 (Section 270-4, 270-19, 27-28, 270-53, and 27-054) related to restaurants, dining patios, brewery-pubs and other establishments that serve alcohol. Decision: adopted 6-0 (Commissioner Kuhns absent). Seated dining now limited to 2500 sq feet, no maximum on total restaurant size to allow for kitchen renovations and equipment, ADA–compliant bathrooms, etc.
Public hearing on ordinance amending Chapter 270, by adding a new Section 270-23.1 related to clarifying that no more than one single-family dwelling may be constructed on a lot in all zoning districts. Decision: deferred to next BOC workshop, Nov. 7.
Public hearing on ordinance amending Chapter 270, by adding a new Section 270-46.1.1, related to requiring the entrance to dwelling units be located in proximity to a public street. Decision: adopted 5-1 (Commissioner Kuhns absent, Commissioner McGuiness no).
Old Business - Adoption of ordinance amending Chapter 215, Restaurants, of City Code, related to regulation and permitting of restaurants that serve alcohol. Definitions updated, language concerning permits of compliance. Adopted unanimously.
New Business --
Resolution for emergency replacement of roof on Wastewater Treatment Plant, and allow City Manager to dispense with normal bidding procedure. Approved unanimously.
Adoption of policy related to submission of electronic documents to the City. Adopted unanimously.
Unanimously confirmed re-appointments of commissioners with expiring terms on: Planning Commission, Parks & Shade Tree, and Board of Adjustment.
Appointment of Al Morris to 3-year term on Board of Elections. Unanimously approved.
City Manager’s Report - City Hall construction coming along well. Street Aid expenditures to Delmarva Power for $8556.
September 16, 2016
The Oath of Office was administered to Commissioners Stan Mills and Toni Sharp, who were both reelected to the Board by the voters of the City of Rehoboth Beach.
Correspondence: A petition was reviewed from property owners on Kent and Dover Streets requesting the installation of storm water drains. The matter will be placed on a future agenda.
Permit Hearing: Fins Fish House LLC presented request to expand restaurant located at 243 Rehoboth Avenue. Public comment was heard and discussion held. No major objection, and motion made to approve request. Motion carried unanimously.
New Business: A motion was made to alter the ordinance that regulates hours of construction so that violations would be changed from a criminal offense to a civil offense with a $100 fine. The motion carried unanimously.
City Manager's Report: The Lake Ave project begins September 2016, and is scheduled to be completed by May 2017. Parking revenue is slightly ahead of budget and is approximately $4 million this year.
August 19, 2016
Presentation: Nancy Alexander, Executive Director of the Rehoboth Beach Historical Society presented the current activities of the Society and their current project to expand into the second floor of the Museum.
Old Business: After discussion and review of poll taken of the residents who live on St. Lawrence Street, a motion was made to repeal the prohibition of overnight parking on the ocean block of St. Lawrence Street. Motion carried unanimously.
New Business: Motion was made and unanimously approved to award the Lake Avenue Construction job to the low bidder with funding for the project primarily by DelDOT.
July 15, 2016
New Business: A petition was reviewed requesting the removal of prohibition of on-street parking between midnight and 6 AM on ocean block of St. Lawrence St. Several letters in support of keeping the prohibition were also considered. It was agreed that City Manager will poll all affected homeowners and report back at next meting.
Board approved three nominations to serve as election officials at this year's municipal election to be held August 13. Approved were: Wayne Steele, Steve Elkins and Melissa Clink. Mayor Cooper thanks past judge of elections, Nancy Meadows, for her many years of service. The board also appointed Jennifer Duncan to another term on the Board of Elections.
City Manager's Report: Sharon Lynn provided updates on Lake Avenue project and City Hall construction. She noted a change order of $83,000 was approved for construction drains, not included in original documents.
Commissioner Comments: Commissioner Kuhns reported that the issue of off-season meters received many negative comments. Therefore, he suggested no further discussion on the subject.
June 17, 2016
Police Department Report – Chief Banks reported a total of 258 arrests for May: 238 adults and 20 juveniles. There were 65 criminal arrests, 175 traffic and 18 civil. The criminal charges included burglaries, criminal mischief, disorderly conduct and drug violations. In addition, there were 14 noise complaints, and 1 civil arrest for noise. 11 complaints were from loud talking, 2 music related, 1 dog barking. The one civil arrest was on May 30 at 10 New Castle. Warning given at 1:45, no change, back at 2:20, citation issued. YTD for noise complaints – last year 31, this year 29. Dispatch center report – 618 incidents, 300 police, 263 ambulance, 285 traffic stops, 395 9-1-1 calls.
Fire Company Report – John Meng reported 5 alarms, 49 crew calls, 1 assist, no fires. At the recent WaWa opening, there was a contest between the Fire Department and Troop 7 of state police to build subs in 3 minutes with the Firemen winning 57 – 42!
Building and Licensing Report – Dom Molina reported 2 new residential construction permits totaling $1.37M and 1 new commercial construction permit, $2M. Also, there were 64 permits for alterations and repairs, significantly up from monthly average of about 30. Building inspections in May increased from the customary 47 to 90 with an additional 10 rental inspections.
There was no Planning Commission Report.
New Business – There was a clarification of Chapter 227, Solid Waste, of the City Code, Section 227-9, to insert the time of day that refuse containers must be removed from City property, because the provision was inadvertently omitted from Ordinance 0416-02. The clarification was approved by 6 Commissioners with Commissioner Gossett abstaining because he was not present for the vote on the original ordinance.
Linda Kauffman was nominated to the Board of Adjustment to fill the seat of Chuck Donohoe who died unexpectedly last month. Her appointment was unanimously approved by the Commissioners.
The City Real Estate Tax rate for the year beginning July 1, 2016, and ending June 30, 2017, was set at 4 cents per $100 of valuation, no change from current rate. Approved unanimously.
Nominating petitions were presented for 3 candidates seeking a Commissioner’s seat in the upcoming August 13 election. Stan Mills, Toni Sharp, and Richard Perry were unanimously approved.
City Manager’s Report – Valet trash pilot program has 49 participants. Fewer trash receptacles are being left out, and most people are complying with new law. The rental ordinance letter has been delayed due to limited resources, but educational guidelines are being done now. The new rental application and safety certification process is set to start in September.
The Major thanked the City Manager and City staff for the ribbon cutting held the previous week for the new parking building.
May 16, 2016
Police Report- Chief Banks reported 213 arrests in April, including 62 criminal, 147 traffic, and 4 civil incidents. The most common arrests were speeding and use of a cell phone while driving.
Fire Company Report- Mr Meng reported 40 crew calls, 5 alarms and 5 assist calls to other departments in the month of April.
Building and Licensing- Mr Molina gave a complete report for the month of April, followed by a public hearing on the case of a Permit of Compliance Hearing for Melissa Moore, to operate a new restaurant with a patio to be known as " EGG " located at 510 Rehoboth Ave.Public comment was made, and was about equal, for and against approval. Commissioners then had a discussion as to wether the application was compete and in compliance, and the general concensus was that it was. Commissioner Mills made a motion to approve application, and motion carried unanimously.
Old Business- A draft proposal was discussed relevent to the regulation of restaurants that serve alcohol including brew pubs. There was a lengthy and open discussion of the subject amoung commissioners and the mayor. The public was then invited to comment, and 8 individuals spoke out. Full discussions and comments can be found on the city website. Further work on this will be done in June at a workshop meeting.
New Business- A motion was made to extend the Comcast lease for another 10 years. Motion carried unanimously. A motion was made to amend the City Code related to various types of parking meters now being installed. Motion passed unanimously.
City Managers Report- ManagerLynn update the board on meter replacement, Parking building progress, and new City Hall construction. She noted several staff members have been trained as pool inspectors, and letters sent to pool owners. Trash valet service starts June 1, is is ready to kick off.
Public Comment- Several citizens spoke to the board concerning the trash ordinance, especially the time frames.
April 15, 2016
Police Department Report – Chief Banks reported a total of 180 arrests for March. In addition, there were 157 traffic citations including 14 citations for cell phone use while driving and 47 citations for speeding in the city. Chief Banks noted that arrests have been made in the Purple Parrot break-in and that that arrest led to other theft crimes being solved, and some personal property returned to owners. Also, 28 new seasonal officers have been hired and training begins prior to Memorial Day.
Fire Company Report – John Meng reported a quiet month in March with 33 crew calls but no fires.
Building and Licensing Report – Mr. Molina reported 2 new construction residential permits issued for a total of $2,172,275 and 1 commercial permit for $1,259,800. Additions, repairs, and alterations totaled another 67 permits.
Planning Commission Report – Mr. Mellen reported that a partition at 300 Bayard has been approved, and that a revised Tree Ordinance draft will be available at the May meeting for review.
New Business – City Manager Sharon Lynn introduced the new City Arborist, Liz Lingo. Ms. Lingo is from Rehoboth and has experience in other municipalities including New Your City. She indicated that she is very pleased to be back home in Rehoboth and looks forward to working on the tree ordinance, taking care of the city tree supply, and creating a plan to increase our tree population and preserve our green areas. Both Commissioner Mills and Commissioner Gossett commented on how important our tree canopy is to our city and that a coordinated plan is welcome. The entire Board enthusiastically welcomed Ms. Lingo.
Other Reports – Commissioner Mills gave a detailed report on his recent attendance at the Conference of American Shore and Beach Preservation. He also explained how the Rehoboth Beach coastline is being monitored and repaired and explained the complex financing and government oversight involved in beach replenishment. He noted that Senator Carper is a leader in promoting beach nourishment funding.
March 18, 2016
Police Department Report – Chief Banks reported 182 traffic and 13 criminal citations for the month of February. The most common violations are speeding, unregistered motor vehicle, no insurance, and cell phone use while driving.
Fire Company Report – John Meng reported 29 crew calls and 5 alarms in the month of February.
City Manager Report – Sharon Lynn reported that FEMA has approved January storm damage aid and that the Lake Avenue Streetscape Project is progressing. She is preparing to receive bids on several repaving projects in the City.
Old Business – A discussion was held with Mr. Kyle Gulbronson of AECOM, the City’s planning consultant, regarding changes to the residential rental ordinance. Mayor Cooper recused himself from this discussion, and a lengthy discussion including public debate was had. (Please see the minutes on the City website for full details of the discussion.) A Special Meeting will be held on April 4, 2016, to consider adoption of changes to the ordinance.
New Business - A discussion was held concerning the ongoing new City Hall Building and specifically a contractor for security systems. The contractor, Advantech, Inc. has offered several alternatives. A motion was made to authorize the contracts and passed unanimously.
The 2016-2017 Budget was presented. The Budget is balanced at $27,103,462. The motion to approve the budget as presented passed unanimously. The Budget included an increase in water rates from $1.67 to $2.10 base charge. There will also be a $1.00 per hundred-gallon surcharge in the two middle quarters of the year. This motion also passed unanimously. Also passing unanimously was a motion to increase seasonal nontransferable parking permits from $175 to $225. Transferable permits will increase from $200 to $250.
February 19, 2016
Police Department Report – Chief Banks reported 152 traffic charges and 12 criminal charges for the month of January.
Fire Company Report – Mr. Meng reported 47 crew calls and 13 alarms for the month of January.
City Manager Report – Sharon Lynn reported that the boardwalk was damaged by the Nor’easter on January 23 and that FEMA has already been on the site to access the damage. City crews have made temporary repairs. Ms. Lynn further reported that the new Parking Department Building is underway and is progressing as planned.
Old Business – A discussion was held concerning refuse, recycling, and yard waste. A topic of concern, presented by Commissioners McGuiness and Mills, was that refuse is being set out too far in advance of pick up and that containers are not being removed from public spaces in a timely manner. It was decided that a workshop meeting will take place in March to look at these and other related issues. Potential code changes may also be discussed at the special meeting related to these and other trash and recycling issues.
New Business – The Commissioners considered a proposal to enter into a five-year agreement with Sussex County whereby the City will supply drinking water to the Dewey Water District. A motion was made and carried unanimously to approve the five-year agreement.
January 15, 2016
Police Department Report – Chief Banks presented the report for December.
Fire Company Report – John Meng reported 37 crew calls in December. Four animal oxygen marks were donated, and a class was given on pet CPR.
City Manager Report – Sharon Lynn reported that bids are being reviewed for the new City Hall Project.
Old Business – A resolution was put forward which would oppose the five-year program allowing oil and gas exploration activities including seismic testing along the Mid and South Atlantic region generally and off the Delaware Coast specifically. Discussion was held and public comment received. Steve Curson, representing the Rehoboth Beach Homeowners’ Association, advanced support for the resolution from the RBHA. The resolution of opposition was passed 6-1, with Mayor Cooper opposing on grounds that only one side of the issue had been heard to date.
New Business – Managing Storm Water Runoff – Commissioner Mills presented a report concerning the health of the City’s waterbodies. Discussion was given regarding contaminants leaching into our storm drains which contributes to poor water quality. There is also a concern regarding water runoff from construction sites. Commissioner Mills will be meeting with other officials and builders to see what can be improved upon.
A brief report was shared from GHD engineers on the ongoing study related to the wastewater outfall project and specifically the force main alignment phase.
Announcements – The American Shore and Beach Preservation Association Conference will be in Washington in February. Commissioner Mills will attend representing Rehoboth Beach.
Board of Adjustment Meetings
July 25, 2016
Linda Kauffman was introduced as the newest member of the board.
Case #1 - The applicant appealed a decision of the building inspector who had denied a rehab permit of two single family dwellings on the owners site located at 26 Lake Ave. Building inspector argued that if either building is raised up, as in foundation repair, it would be considered removed, and therefore no longer grandfathered. Therefore, owner could not put two dwelling back on a single lot per code. After a long discussion of the issues, it was agreed by consensus of board and the property owner that owner could proceed with remodeling, provided that he does not raise or remove either structure from the site, and follows all other rules governing remodeling projects.
Case #2: Saint Edmonds Church requested a special exception to replace existing wooden sign with a more modern electric sign, in the same location but slightly taller than existing sign. Considerable support given by email and by several residents present, all speaking in favor of approval. Motion made to approve and carried by a 4-1 vote.
Old Business: Discussion that solicitor of the baord should compsoe formal decisions of its hearings. Motion passed 2-1.
June, 2016 - No Board of Adjustment Meeting
May 23, 2016
Case # 1 - Appeal of a Decision by Building Inspector
A project in the old Baymart Site off Route 1 (consisting of 63 units, both detached and attached) on the 7.7-acre site has been proposed. The building inspector has rejected a request to proceed based on a regulation that appears to say that no more than one building may be built on one lot. The owner does not wish to subdivide but instead to build in a more condominium fashion. The hearing was held to determine a very narrow point - whether the proposal may proceed to a plan review by the Planning Commission. The Board determined the regulations were vague and ambiguous on condominium rules, and that one building on a 7.7-acre site was a hardship. The Board unanimously approved the request. Many citizens spoke out against the project. However, Chairman Evans repeatedly explained that this meeting was not to judge the merits of the project itself, but only to allow the owners to go forward to further public meetings where public input can and should be given. This vote was not to endorse the project, but to allow further consideration, without the one building/one site absolute restriction.
Case #2- Request for Variance
The owners at 2 St. Lawrence street requested a variance to allow them to build a small garden storage shed on site. The variance was needed because their construction was delayed, and the new lot coverage requirements now require 50 percent natural area. With the shed they would be at 42 percent. A motion was made, and passed by a 3 to1 vote.
April 25, 2016
The first case was an appeal of a denial of a building permit for a house at 105 St. Lawrence Street on a property owned by Barry and Sharon Covington. The permit application sought, among other things, a swimming pool. The Building Inspector applied the new zoning ordinance to deny the permit. The appellant contended that while the new code was suspended at the relevant time pending the outcome of the referendum over the new zoning ordinance. The City contended that the "Pending Ordinance Doctrine" applied in that time period because the suspended new ordinance was pending while awaiting the outcome of the referendum.
The first issue raised was whether the BOA had jurisdiction to determine the matter. It required construing the Charter and the City contended that the Board has no power to construe the Charter. The Board decided by a 5-0 vote that it did have jurisdiction.
The next issue was whether the Building Inspector correctly applied the new ordinance under the Pending Ordinance Doctrine, instead of applying the old law. On a motion by Chuck Donohoe to deny the appeal and uphold the Building Inspector’s refusal to grant a building permit under the new code, Cliff Hilderley and Doug Popham agreed. Tom Evans and Myrna Kelly voted against the motion in support of the appellant. The Building Inspector’s decision was thus upheld.
In the second case heard, Steve Mikkelsen of 204 Philadelphia Street, appearing for the third time before the Board regarding the same garage apartment, appealed the Building Inspector’s decision to deny a building permit because the proposed garage apartment was too high at 38 feet and 100% of floor space was for a dwelling instead of the 79% dwelling floor space permitted under a 1991 garage apartment amnesty program.
At the hearing, Mr. Mikkelsen, through his lawyer, agreed to limit the height of the garage apartment to that permitted by the code.
Chuck Donohoe moved to deny the appeal because the 1991 garage apartment amnesty agreement required that 21 % of the floor space must be for storage and that was not in the permit proposal. Tom Evans voted with Mr. Donohoe against the appeal and in favor of the Building Inspector’s decision. Cliff Hilderley, Myrna Kelly and Doug Popham voted against the motion and in favor of granting the appeal. The Building Inspector’s denial of the building permit was thus reversed.
March 28, 2016
The Board convened to hear an appeal of the decision of the City Building Inspector to deny building permits for 105 St. Lawrence Street and 102 Rodney Street. The applications for permits were to construct swimming pools, among other things. The applications had in each case been denied because the proposed pools and structures would violate the new zoning code enacted on July 17, 2015. But, the new code had been suspended when petitions to reconsider the new ordinance were filed with the City. There followed a referendum on November 7 in which the voters upheld the new ordinance. The permits were denied under the “Pending Ordinance Doctrine” which applies to ordinances not yet enacted but which are “pending.” The sole legal issue to be decided was whether the new ordinance was legally “pending” under the “Pending Ordinance Doctrine” during the time it was suspended and awaiting the outcome of the referendum.
However, at the outset of the meeting, the city solicitor, Glenn Mandalas, made an oral motion that the Board of Adjustment did not have jurisdiction to consider this legal issue. He explained that to decide the issue, the Board had to construe the City Charter. He argued that the Board had no jurisdiction to do that. He cited case and statutory law in support of his position.
Chuck Donohoe moved to continue the two cases until the April 25th meeting because the Board needed time to consider legal briefs yet to be filed by both the City and the appellants. The motion was seconded by Cliff Hilderley and was unanimously approved. A briefing schedule was set for the City and appellants and thereafter the legal issues were to be considered at the Board’s April 25 meeting.
Members of the Board of Adjustment voting for the continuance were Tom Evans, Cliff Hilderley, Chuck Donohoe, Myrna Kelley and Doug Popham.
February 21, 2016
The Board heard an application for variance by Philip Santoro of 313 Stockley Street. Mr. Santoro had recently purchased the property and wanted to replace a rotting wooden staircase on one side of the house. A permit to replace the rotting stairs was denied by the Building Inspector because the current and proposed stairs violated the side set back requirement. The existing house and stairs had been in place for over 40 years and both the house and the stairs were situated such that they both were in violation of the zoning code’s set back requirements, albeit only slightly so. The owner contended that to deny the variance application would result in unnecessary hardship because access to the house would be limited.
The Board granted the requested variance by a 3-0 vote. Members of the Board voting on the variance were Tom Evans, Cliff Hilderley and Myrna Kelly.
The second matter considered by the Board was a motion by Eugene Lawson acting as counsel for the owners of properties at 217 Philadelphia Street, 105 St Lawrence Street, 102 Rodney Street, 200 Laurel Street, 11 Queen Street and 101 Lake Drive. The motion was to consolidate a zoning ordinance issue relating to each of these six properties. Mr. Lawson said the only issue he wanted consolidated was a pure legal issue relating to whether, at the time each of the six building permits were requested, the new zoning ordinance enacted last July was operable under the “Pending Ordinance Doctrine.”
Myrna Kelly made a motion to grant the request to consolidate. No other member of the Board would second Ms. Kelly’s motion. Then Cliff Hilderley moved to deny the request to consolidate. There was no second to Mr. Hilderley’s motion either. There being no vote, the motion to consolidate failed.
(There was no meeting held in January 2016.)