Cape Gazette Editorial Short On Facts

Editor’s Note: The editorial below appeared in the Cape Gazette on July 18. No one from Citizens to Preserve Dewey was contacted for questions or rebuttal to what was clearly HHA/DBE prompting the Cape Gazette to take a stance. There are a number of factual errors in the editorial, reflecting the inaccurate information given to the Cape Gazette. Please write to the Cape Gazette at newsroom@capegazette.com and urge them to contact us and the Town Commissioners in the future regarding Dewey Beach Enterprises and Ruddertowne prior to writing an editorial so that they can be assured of having accurate information. They owe it to us, their readers, to exercise more care on an issue that is so important to the future of Dewey Beach and which is clearly opposed by so many voters and property owners. You might also make the following points:

1. HHA/DBE is trying to pressure the Town Commissioners to negotiate on 35 feet now, threatening to sue if they do not give in. To give in would mean that our Town Commissioners would be participating in an end-run around our own hard-working Planning and Zoning Commission, which has been working for almost a year to come up with new zoning standards as is required by the state for our new Comprehensive Development Plan. HHA/DBE has been trying to circumvent this process for a year by writing a completely new ordinance allowing 68 feet instead of 35 feet as the legal height limit, by coming up with a 35 foot plan that is ugly and violates density limits but would serve as a footprint for higher development at a future time, by getting the town attorney and building official to accept it, and now by threatening to sue based on the actions of those officials. Our new town attorney Glenn Mandalas believes we have a good case, and the Town Commissioners are standing firm.
2. Yes, after enjoying budget surpluses during the real estate boom, like many towns across the U.S., Dewey Beach has a budget deficit, due to decreases in transfer taxes and no property tax to offset it. Town Commissioners believe that increased parking fees will help offset it, and are putting a new 3% renters’ occupancy tax on the ballot in September for consideration by the voters. At this point the budget deficit is down to $190,000 and on the way to further reduction each month as the parking fees kick in. More about all this later.
3. Regarding increased legal fees, these are due in very large part to a lawsuit involving Dewey police that was filed a few years ago, and has nothing to do with the HHA/DBE threat. The town does have insurance to help offset these costs.
4. Finally, we have a very able candidate who has filed for Commissioner this week, Marc Appelbaum, and we urge more of you to step forward. Dewey Beach needs experienced people who have run businesses, dealt with litigation, understand budgets and can look a bully in the eye. Let us hear from you!

Cape Gazette Editorial as it appeared in the July 18th, 2008 edition

Dewey Should Be Negotiating, Not Hiring Lawyers

Ahh, Dewey Beach. A way of life. but will that way of life soon be inundated with legal bills? The whole Ruddertowne redevelopment fiasco, with town officials pointing fingers everywhere but at themselves, threatens to end up as another expensive legal battle.

In a town already facing a budget deficit in the $250,000 magnitude, with inordinately high legal expenses, the prospect of a prolonged and expensive legal battle should send red flags flying higher than beach kites above the resort community.

Like wars, legal battles represent straightforward evidence of failure. In the case of the Ruddertowne development, the breakdowns signaling a probable court contest include a bare voting quorum at the recent board of adjustment hearing – one of the important hearings in years; a building inspector’s letter of approval stating redevelopment plans for the project were code compliant; communication with developers stating the town attorney found the plans to be code compliant; and a letter a month and a half later from the town attorney saying the building inspector’s finding was in error, apparently reversing the previous position attributed to the town attorney.

If the building inspector erred, he should be held accountable. If the attorney erred, he should be held accountable; and if the town’s laws regarding mixed-use projects are so confusing or ill defined as to be unworkable, then the city’s elected officials should be held accountable to get them straightened out.

In the meantime, dewey Beach can hardly afford another legal battle.

Elected officials, led by mayor Dell tush, should begin negotiating with Dewey Beach Enterprises principals immediately and pledge to seek agreeable middle ground rather than waste another nickel on lawyers’ fees.

Dewey’s breakdown is further evidenced by the fact that with September’ elections looming, not a single candidate has yet filed despite the turmoil. So far there is plenty of mouth, but no one has stepped forward to begin righting a situation in a dangerous wobble.