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Ardentown trustees table motion to exempt Delmarva Power from new height ordinance until survey is completed
Summary
Trustees voted 20–7–1 on Oct. 20, 2025, to table a trustees’ motion that would have exempted Delmarva Power from Ardentown’s recently enacted Ordinance #2025-01 pending an official easement survey and further review; trustees cited incomplete documentation, encroached leaseholds, litigation risk, and uncertain insurance coverage.
Melissa Parsonson, Town Chair, opened the Oct. 20 special meeting of the Village of Ardentown and reported that Delmarva Power had not supplied all information requested after the trustees’ Sept. 8 motion; the only new item received was a lead mediation proposal and no official survey has been completed, she said. Parsonson also reported that some leaseholds had been staked without explanation and that Delmarva had warned delays in granting an exception could prompt legal action.
The Trustees told residents the governing priority is removing the threat of litigation stemming from Ordinance #2025-01, “Preservation of Historic Character,” which imposes height restrictions the trustees say may affect utility work. The trustees framed two options: exempt Delmarva Power from the ordinance within the utility easement (either villagewide or specifically inside the easement) or rescind the ordinance entirely. They emphasized that litigation costs could be substantial, that insurance coverage for such litigation is uncertain and decided case-by-case, and that they are not willing to raise land rents to pay litigation costs if insurance does not cover them.
The trustees also stated that all utility poles, existing and future, must remain within the established 8-foot-wide alley corridor between Sconset Road and Brae Road, and that any encroachment onto leaseholds exceeds the current easement and therefore requires prior trustees’ approval.
The trustees introduced a motion that Delmarva Power be exempt from Ordinance #2025-01 within the easement after the Delmarva easement area is officially surveyed and staked. A second motion then moved to table that trustees’ motion to the November 2025 town meeting for further discussion and review. The motion to table was seconded and passed by a vote of 20 in favor, 7 opposed, and 1 abstention; per the successful tabling motion, the underlying exemption motion was postponed to the November meeting.
An executive session was entered from 7:45 p.m. to 8:37 p.m.; the public minutes do not disclose the session’s content. The meeting adjourned at 9:39 p.m. The trustees recorded that Jessica Riggleman, Secretary of Ardentown, respectfully submitted the meeting minutes.
Next steps: the trustees’ exemption request for Delmarva Power will be considered at the November 2025 town meeting after Delmarva provides an official easement survey and any additional requested documentation.
