Due to an anonymous threat of a lawsuit related to Rehoboth Beach not following state code, the city’s planning commission has been tasked with crafting a report about the pros and cons of abandoning a section of Baltimore Avenue to make way for a new beach patrol headquarters and comfort station.

Rehoboth Beach officials have been working toward a new home for lifeguards and the city’s northernmost bathroom facilities on the Boardwalk for years. The plan was to demolish the current structure as soon as possible after the city’s annual moratorium on demolitions ended Sept. 15. Construction has not begun because procedural oversights were pointed out to the city at the last minute.

First, a couple of weeks ago, the city was made aware it wasn’t following the city charter requirement for a public hearing when the city is abandoning a piece of property. The project calls for using about 65 feet of the easternmost section of Baltimore Avenue. In response, commissioners held a special meeting Sept. 22 to set a date for the required public hearing; the date chosen was Sept. 29.

The day before the public hearing, Sept. 28, the city issued a press release saying the session would not actually be a public hearing. According to the city’s press release, officials were informed of an “obscure” state law requiring that the matter of altering the public way be referred to the city planning commission.

During the Sept. 29 meeting, City Solicitor Glenn Mandalas said he was not aware of this section of state code having been enforced in other jurisdictions and that the city learned of the state code earlier in the week through an anonymous threat of litigation. 

Taking some of the blame, Mandalas said the city has not been put in an ideal situation because it’s been playing catch-up on both issues. After the issue with the charter, he probably should have reviewed the state law to make sure, he said.

Commissioner Toni Sharp asked Mandalas if he takes some of the blame, who is supposed to take the rest. She wanted to know how the city could have gotten all the way to this point and have these two issues brought forward.

“This is a hot mess,” said Sharp.

Commissioner Tim Bennett said the city should do what’s called for, but described the additional step as a “paperwork assignment.” 

Mayor Stan Mills didn’t disagree with Bennett, but said now that it’s been unearthed, the city needs to follow it.

Bennett asked how much the city would be paying for the delay in construction.

City Manager Laurence Christian said the contract was still being examined, but he believed it could be up to $1,000 a day.

Even though the public hearing wasn’t held, Mills allowed public comment.

Former Mayor Sam Cooper said the process was important, and the city wasn’t allowed to do what it pleased without public input. He asked what steps have been taken to minimize the impact to Baltimore Avenue.

During the special meeting Sept. 22 and the meeting Sept. 29, there were questions asked related to how much the neighboring properties’ owners knew about the abandonment and how it would affect their property, especially the parcel immediately south of the beach patrol building, because there’s been a hotel proposed for that property, with an entrance off Baltimore Avenue.

Representing that hotel during the Sept. 29 meeting was Grotto Pizza Vice President Jeff Gosnear. He said they have met with the city and are satisfied with how things are planned.

In the end, having vented some level of frustration, commissioners voted unanimously in favor of sending the issue to the planning commission for review. The motion included language specifying commissioner expectations for the report, which include wanting positive and negative comments related to impacts of the proposed alteration.

Notice of the planning commission’s meeting for Friday, Oct. 6, was published within hours of the commissioners meeting ending. The only topic under new business is the abandonment of Baltimore Avenue.

Timeline for construction being affected

For months, the construction timeline for the project has included demolition of the current building sometime soon after the lifeguards were done for the 2023 season, so the comfort station portion of the building would be complete in time for the 2024 season and the new lifeguard headquarters would be ready for the 2025 season.

The city is moving forward with the project, but continued procedural delays appear to mean the comfort station will not be ready for next year.

“At this point,” said Lynne Coan, city spokeswoman, in an email Sept. 28, “the city does not anticipate that the comfort station will be rebuilt by next summer. Staff is researching options for temporary facilities that could be utilized next summer.”

During the non-public hearing, Mills said there are some great concerns and fears of significant delays. The worst-case scenario is for this project pushing into a third off-season, he said.