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A point of law or ethics: Waterfront Preserve

October 1, 2019

There have been several letters to the editor on the subject of a questionable vote by the Lewes Planning Commission Aug. 19 to recommend preliminary approval of the Lewes Waterfront Preserve.  I commend the Cape Gazette for allowing these opinions to be published, but am disappointed by the absence, in any format, for more than a month, of a single word from our city’s officials addressing these concerns.

The issue of quorum at the beginning of a meeting and then vanishing with recusals and abstentions is confusing. Some organizations allow it and some do not.  But a much simpler issue, from all appearances, is the failure of the Lewes Planning Commission to follow its own bylaws. The LPC consists of nine members (voting members) and does not grant voting rights to its secretary or the eight listed ex officio members of the LPC.

A quick review of their bylaws on the city’s website states “a quorum will always be one more than half of the voting members of the commission.”  On Aug. 19, with absentees, recusals and abstentions, there were a total of three voting members.  That would be three of nine, and far short of the required quorum.  Even had the vote been unanimous on the issue in question, I am confident this is not what those who crafted and signed the document intended.

Following months of meetings, hearings and untold hours of citizens’ time invested, was this critical vote legal?  I don’t believe so.  Was it ethical?  Absolutely not.

Doug Spelman
Lewes

  • A letter to the editor expresses a reader's opinion and, as such, is not reflective of the editorial opinions of this newspaper.

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