Seaford City Council is asking state lawmakers to eliminate a clause in the city's charter requiring special elections to approve major borrowing and spending proposals for wastewater and water quality projects.
The city charter currently requires a referendum to approve incurring any debts over $3 million. But City Manager Charles Anderson warns that cap will not cover some critical infrastructure repairs, and council members note voters have balked at approving borrowing for infrastructure in the past.
Seaford's wastewater treatment plant is more than two decades old, and many of the city's lift stations would overflow into nearby waterways if the system failed.
Councilman Dan Henderson suggests in the event voters do not approve borrowing to repair wastewater infrastructure, the city could also face fines from the state for noncompliance with water quality rules if wastewater overflows into the Nanticoke River.
“The referendum might not pass," he said, "so we’re going to be in noncompliance, fined, and the project will end up costing us twice what it could. So that is what concerns me.”
City council members noted during a meeting in late March that voters have rejected borrowing needed for infrastructure repairs in the past – including projects eligible for principal forgiveness through state and federal grant programs like the Clean Water State Revolving Fund – raising the risk that the city could fall behind on infrastructure repairs.
If a spending or borrowing proposal fails when brought to the public for a vote, the council would have to wait two years to bring it to the public again.
Voting in favor of the charter amendment alongside all of his fellow councilmembers, Councilman James King argued the change is necessary to allow the city to react efficiently to emerging infrastructure needs.
“There are some situations that arise and need immediate action that can’t wait for a referendum," he said. "This is not giving anyone carte blanche because any action still needs to go through your elected body for final approval.”
The council's proposed charter amendment would not do away with another clause setting a borrowing cap at one-quarter of the total value of all real property in the city — an estimated cap of $25 million based on current property values.
But some community members object to the move, arguing that doing away with the referendum process is undemocratic and noting that Seaford's city council has already run into trouble with the Delaware Department of Justice for Freedom of Information Act violations on multiple occasions.
"Whether all the wastewater treatment plans are critical or not," says Seaford resident Dan Cannon, "the current proposal to eliminate voter approval by referendum would allow the five members of City Council unlimited borrowing and spending approval power. There would be no elections in time to stop their actions."
The council has approached state Rep. Danny Short and state Sen. Bryant Richardson to bring the amendment to the General Assembly for final approval.
