Rehoboth torpedoes plan to keep renters out of pools
An intensely controversial proposal in Rehoboth Beach to keep rental pools locked away from tourists sank like a stone Friday when it came to a vote, but the city did create a licensing system for all pools and provided a way to shut down pools on private properties over noise complaints.
Following a sidewalk protest by a crowd of more than 100 people, all seven Rehoboth Beach commissioners voted against Mayor Sam Cooper's amendment to prevent renters from even dipping a toe in a pool or hot tub in any home they rent beginning in 2018. Cooper himself ended up voting against the amendment he helped write.
"It's not my desire tonight to move forward with this," Cooper said before a vote on the idea was certain to take place. His previous arguments for such a ban had drawn intense criticism from Rehoboth residents, visitors, real estate agents and the business community.
But Stan Mills, a commissioner who's been sympathetic to residents who complain pools prompt annoying noise at all hours, and Kathy McGuiness, another commissioner, said the Board of Commissioners owed the electorate an up-or-down vote on the issue.
"This is why we came here," said McGuiness, the commissioner most strongly opposed to the proposed pool rules. "We've been talking about this for eight or nine months. People have gotten babysitters. People have rearranged their schedules. People have driven hours for this."
The board did vote to enact an ordinance requiring property owners with built-in pools to obtain a license from the city in order for anyone to use the pools. Very little effort will be required of full-time residents to obtain a pool license, but landlords of rental properties will need to pay $50 annual fees, pass inspections and post safety signs. The law allows the city to yank pool licenses for "any violation" of its noise or public disturbance laws. The licensing ordinance passed 6-1 with commissioner Toni Sharp casting the no vote.
Cooper had defended the pool laws as a way to get a handle on a wave of noise complaints generated by pool revelry. Opponents have derided the move as something that shreds property rights on a flimsy pretext.
"There is clearly a tinge of hysteria based upon anecdotal testimony that has snowballed into finding a single-solution scapegoat," said Rebecca Howland, who owns two rental properties in Rehoboth – one with a pool, one without. "Explain how rentals with pools are automatically to be blamed for all the noise problems in the city."
Several commissioners said their votes on the renters-shall-not-swim amendment were swayed by the intense public campaign urging them to vote no. A nonprofit group, Save Our Nation's Summer Capital, was formed in recent days to combat both pool ordinances.
"I was leaning toward this ordinance; I was," said Lorraine Zellers, a commissioner. "But I've heard from a lot of people and I've gotten a lot of letters with some good comments on it. So it's given me some pause."
A former U.S. congressman from California and primary sponsor of the Americans with Disabilities Act who now lives in Rehoboth,Tony Coelho, upbraided the commissioners for considering the rental-pool ban, saying it would make it more difficult for the disabled to get access to water recreation.
"This should be a town who welcomes everybody and doesn't discriminate against kids with disabilities," Coehlo said sternly. "This whole thing is going way to far, and you as commissioners have the responsibility to be reasonable."
Contact James Fisher at (302) 983-6772, on Twitter @JamesFisherTNJ or jfisher@delawareonline.com.
