The city has already advertised and awarded the construction bid for the project, estimated at $5 million to $6 million. The project will rebuild the entire Boardwalk – sans a four-block section between Rehoboth Avenue and Laurel Street that has already been completed – using money from the American Recovery and Reinvestment Act. The city self-financed the earlier four-block section.

Commissioner Stan Mills said, “The city will requisition and receive this money on a monthly basis based on the amount of work completed.”

Mills, chairman of the Boardwalk Committee, said no physical work has started on the south end yet, although contractor Mumford and Miller has ordered the necessary materials, submitted necessary paperwork and is in the process of submitting design criteria for the piles.

Mayor Sam Cooper said the contractor was not ready for the scheduled Sept. 8 start. He said subcontractors are still being lined up, and the state and federal government have not approved paperwork. Cooper said he expects the contractor to start Monday, Oct. 5.

Still, complaints have been raised, led by Rehoboth resident Judge Henry Horsey. Horsey has filed a written complaint with the Office of the Inspector General, U.S. Department of Transportation. Horsey has also written letters to Delaware Department of Transportation (DelDOT) and Department of Natural Resources and Environmental Control (DNREC), as well a commentary in the Cape Gazette opposing the project.

In his letters and commentary, Horsey says the Boardwalk is perfectly sound as a pedestrian way – its intended use – and the stimulus money for the project is a waste of federal funds.

“The city and everyone else familiar with that portion of the Boardwalk know and find it to be safe, sound and enjoyable in all respects for its intended, limited pedestrian usage both now and into the foreseeable future,” he said in a letter to the city manager. Horsey said the reconstruction does not comply with DNREC’s regulations and directives, and the city has no legal authority to proceed at the south end. He said the property owners at that end hold legal deed title to all lands adjacent to the east and west sides of the Boardwalk from the time the city first extended the Boardwalk across their land in 1930. Horsey said the city agreed to a consent judgment in 1967 that limited the city’s Boardwalk rights to a perpetual pedestrian easement.

Mills said the city was required to obtain a coastal construction permit from DNREC, granted March 16. On July 22, the city sent each property owner on the south end, from Laurel Street to Prospect Street, a letter explaining the project scope and timeline for construction. Mills said the letter was a condition of the DNREC permit and went beyond the department’s requirements in an attempt to fully explain the project.

“The Boardwalk is a public facility used by property owners, residents, area residents and visitors. It is the city’s responsibility to maintain it in a safe and sound condition for everyone to use,” Mills said.

Cooper said to his knowledge DelDOT, which is administering the stimulus money, has not contacted the city about any problems. He said there have been hang-ups with property owners on the south end of the Boardwalk regarding land ownership. However, Cooper said the city has a right to maintain and rebuild the Boardwalk when necessary.

In its July 22 letter, the city said the Boardwalk’s existing footprint will be maintained, with some minor sloughing of the existing dunes expected for a small distance on either side of the Boardwalk. The letter, signed by City Manager Greg Ferrese, said these areas would be fully restored by the contractor, including the replanting of dune vegetation in accordance with DNREC specifications. The letter also includes information about fencing, foot showers, drinking fountains, light poles and construction entrances.

Horsey said, “Your July 22 letter to the acknowledged property owners of south Rehoboth is of no legal force or adequacy, apart from being entirely misleading to property owners as to the city’s purported right of entry onto and over their oceanfront properties.”

“There certainly was no intent on the city’s part to in any way be misleading,” Mills said. “In fact, the city went out of its way to provide details beyond what was probably necessary. This charge is simply unfounded.”

As for the Boardwalk being a perfectly sound pedestrian way, Mills said, “The city had an engineering firm evaluate the entire Boardwalk in January 2008. The engineer felt that the Boardwalk was generally safe for pedestrians in the short term. However, the report found a number of significant deficiencies and recommended that, as funds were available, the city should replace the entire Boardwalk.”

Mills said most of the deficiencies were related to advanced deterioration of many of the piles, beams and stringers. He said the Boardwalk has some deficiencies relating to current codes.

“The wood piles on the south end date or pre-date 1962. It is impossible to evaluate the structure simply by looking at the deck,” Mills said.

Cooper said the section already done, between Rehoboth Avenue and Laurel Street, was in bad shape, noting it is absurd to make the statement that the Boardwalk is perfectly sound based on looking at the top. He said the project is good for the city and the stimulus money allowed the city to accelerate the project.

Horsey also opposed the city reinforcing the new Boardwalk to accommodate fire and refuse vehicles on the Boardwalk.

Mills said the limited vehicles that can go on the structure serve the Boardwalk and properties in front of it. “As Rehoboth has become more popular there has been more and more trash to remove from the Boardwalk,” he said. “The current method has been identified as the most efficient; however, the city will continue to investigate methods with less impact.”

Mills said the Rehoboth Beach Volunteer Fire Company asked early on to be able to take smaller trucks and ambulances on the Boardwalk. “While the need is rare, access via the Boardwalk can be invaluable during an emergency,” he said.

Mills added that the city estimated costs for a pedestrian-only structure and one that can handle small trucks. He said the increased cost to accommodate small service and emergency vehicles, as a percentage of total cost, was not large. The beefier substructure should also increase the service life, Mills said.