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CapeGazette.com - Covering Delaware's Cape Region
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Cape Gazette
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Mon, Aug 18, 2008
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Lewes postpones decision on Donovan-Smith agreement

By Henry J. Evans Jr.
hevans@capegazette.com

The Lewes Mayor and Council took no action on a utility service agreement to connect more than 100 failing septic systems in a mobile home park to the Board of Public Works’ sewer system.

The agreement is between the Donovan-Smith Mobile Home Park LLC, the City of Lewes and Lewes Board of Pubic Works.

The mayor and council agreed to postpone a decision to approve, change or deny the agreement at the panel’s Monday, Aug. 11 meeting over concerns about future possible use of the land.

The Board of Public Works (BPW) last month approved the agreement to provide sanitary sewer and wastewater treatment services to 130 mobile home units in the Donovan-Smith park.

The 22-acre park parcel is northwest of Savannah Road, outside city limits.

The New York-based owner of the property has agreed to pay for installation and connection of sewer lines on the property and has agreed to pay for connection to the board’s sewer and wastewater treatment system.

The park owner has also agreed to pay installation costs for pumps or lift stations.

But Councilwoman Stephanie Tsantes said the agreement lacks provisions that would protect the city if use of the property changed. She said the utility service agreement doesn’t prohibit park owners from removing the mobile homes and developing a high-density community, such as one containing apartment buildings. “We need to know what the anticipated density is,” Tsantes said.

Ken Mecham, BPW general manager, said the board’s recently expanded wastewater reclamation plant is prepared to handle wastewater from the Donovan-Smith parcel equivalent to that generated by 400 dwelling units. He said the utility agreement requires the owners to construct a sewage lift station and other systems with sufficient capacity to serve 400 dwelling units. Mecham said effectively, 400 dwelling units described the property’s maximum, but unlikely, density. Donovan-Smith has also signed a pre-annexation agreement with the city, which allows the city to annex the parcel if or when it elects to do so.

Existing Lewes ordinance prohibits annexation of the Donovan-Smith parcel because it is not contiguous with city limits.

Councilman Ted Becker said he’s concerned about a provision in the agreement linking the BPW’s plan to provide Savannah Place, which is also outside city limits, with city drinking water.

Savannah Place homeowners have for years had water well problems. The single-family-home community is south of Savannah Road, a short distance from the Donovan-Smith property.

The agreement stipulates that Donovan-Smith’s parcel would not be required to connect to city water for a period of at least five years after Savannah Place had connected. “They’re unrelated. Why would you link them?” Becker asked Mecham.

Mecham said the five-year grace period on water connection was a negotiation point.

“They don’t have a pressing need for water,” he said.

The price of liberty is eternal vigilance.
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