CPD News Release-Bully of Dewey Beach final 9-1-10

CPD - Revised No Settlement letter to Commissioners Aug 20 2010

Frequently Asked Questions

Letter to Voters

Absentee Ballot

DEWEY BEACH — Attorneys representing Dewey Beach Enterprises have confirmed that settlement discussions regarding multiple lawsuits filed against the town are under way.

Shawn Tucker of the Dover-based Drinker, Biddle & Reath said he met with town attorney Glenn Mandalas Aug. 19, and is now awaiting a response regarding the latest proposal for settlement.

Tucker would not comment on the specifics of the conversation, but said height and density were discussed.

“I think there is a compromise that would be to everyone’s benefit that is immediately available if the town were to analyze the situation rationally and logically,” he said.

Mandalas could not be reached for comment.

The town declined to accept a June 11 offer of settlement and, in a June 15 letter to DBE attorneys, Town Manager Diana Smith terminated further discussions until a decision was rendered by the Supreme Court of Delaware.

Since then, the Supreme Court ruled in favor of DBE, holding that the developer’s plans for a mixed-use facility at Ruddertowne did comply with the town’s zoning code.

DBE filed a fourth lawsuit against the town Aug. 12, challenging a newly enacted building height ordinance that the developer said unlawfully targets their property.

As conversations ensue behind closed doors, residents have been pitted against each other, some urging settlement and others, such as Michael Durkos saying it’s too early to “throw in the towel.”

Durkos labeled DBE’s litigation as “corporate bullying.”

“A tactic commonly used by wealthy corporations is to employ their team of attorneys to intimidate and wear down the resolve and resources of a small town like Dewey,” he said. “This demonstrates an arrogance that is unparalleled by any other corporate enterprise in our town.”

Former mayor Pat Wright said DBE has been treated unfairly and continued litigation is wiping out the town’s funds.

“The town needs to settle,” she said. “We all have to get along, commercial and residential.”

Bill Lower, a spokesman for DBE, said that given the recent state court rulings, any citizen concerned with the best interests of the town should encourage prompt settlement.

“The federal complaint filed by DBE demonstrates that the town, as well as certain specific town officials, acted improperly to undermine DBE’s lawful plans,” he said.

Still, some residents say settlement would be a mistake.

Joy Howell, president of the Citizens to Preserve Dewey, said her organization is concerned for several reasons, including further lawsuits should the town allow DBE to build over the 35-foot height limit.

We, the members of the Pier Point Family Partnership wish to commend all of you on the stand that that you have taken to this point, against the numerous lawsuits that have been filed against the Town and some of you individually by Harvey Hanna and Dewey Beach Enterprises.

We also hope, that during your executive sessions and during the negotiations that you are engaging in with DBE, that the maximum height limit for the Town of Dewey Beach is not compromised in the interest of settling the pending lawsuits. While the Court has ruled against the Town on the density issue it is our understanding that the height issue has not been decided and we believe this matter should continue through the Courts until a decision is rendered. It is our belief that should you compromise the 35 foot height limit for DBE you will send a message to others who desire a greater height limit, in any other area, that this can be accomplished through the filing of multiple lawsuits against the Town and the Town Leaders. Any height compromise for RBE would probably place us in a position to renew our argument from a couple years ago that all properties in RB-1 be treated equally.

We ask all of you to honor your campaign promises, to continue upholding the will of the people, where the majority have repeatedly expressed their desire to maintain the Dewey Beach height limit at 35 feet.

Respectfully,

Charles H McKinney Sr
Georgia McKinney
Homer Illian III
Eugene Illian
Carla Rickards
Charles H McKinney Jr
Myra Karlik
Donald McKinney
Ronald McKinney

VOTERS WILL BE ASKED TO FILL TWO (2) COMMISSIONER SEATS - TERMS BEGINNING OCTOBER, 2010 AND ENDING SEPTEMBER, 2012. AS OF THIS DATE, THOSE CANDIDATES WHO HAVE FILED FOR THESE SEATS ARE AS FOLLOWS:

1. Martin Seitz (non-resident)
2. Kellyann Palladino-Ranieri (resident)
3. James Laird (non-resident)

Qualifications to vote: Each person eighteen (18) years of age or older, who is a bona fide resident and domiciliary of the Town of Dewey Beach, or who is an owner of real property within the Town, or who holds a lease for five (5) years or more on property within the Town, shall be qualified to vote in the election of Town officials. Persons (18) years of age or older who are both a settler/creator(s) and trustees(s) of a valid Trust to which real property which is located within the Town has been conveyed which conveyance is recorded in the Office of the Recorder of Deeds in and for Sussex County, shall be qualified to vote in the election of the Town officials, provided the Trust document which identifies the trustee(s) and the settler/creator(s) must be present at the time of registration.

THOSE PERSONS WISHING TO VOTE ABSENTEE SHOULD CONTACT TOWN HALL BY PHONE OR GO TO TOWN’S WEBSITE AT www.townofdeweybeach.com UNDER “Election Information” TO OBTAIN AN “AFFIDAVIT FOR ABSENTEE BALLOT”

In 2007 there were changes in our Absentee Voting Process; most specifically, how absentee ballots are requested and how they are delivered. These changes were mandated by the Delaware Legislature. A list of instructions is enclosed with this document for voters who will be voting by absentee ballot on Election Day. Our Election Day process at the polls will remain the same.

TOWN OF DEWEY BEACH IMPORTANT NOTICE CONCERNING ABSENTEE VOTING PROCEDURES

Request for Absentee Ballots: Under the new law, requests for absentee ballots must be made by submitting an Affidavit; a request for an Affidavit can be made as follows:

1. The Affidavit (ballot request) can be obtained by requesting one from the Town Hall by mail, telephone, in person or on the Town’s website. (www.townofdeweybeach.com). All requests for
affidavits (ballot requests) must be received in Town Hall no later than 12:00 noon the day prior to the Election. Town Hall cannot mail ballot requests after 5:00 p.m. Tuesday, September 21, 2010.

2. Column (1) of the Affidavit must be filled in by ALL voters. If applicable, in SECTION (A), a voter can check one of two reasons why he/she cannot vote in person at the polling place on Election Day:

The voter is sick, or temporarily or permanently physically disabled.

The voter is in public service of the U.S. or the State of Delaware.

If the voter uses any one of these two reasons for voting absentee, he/she does NOT have to have the document notarized but must sign in the appropriate place.

If applicable, in SECTION (B), a voter can check one of four reasons why he/she cannot vote in person at the polling place on Election Day:

Due to the nature of my business or occupation (this includes students and providing dependent care).

I am incarcerated.

I will be absent because I will be on vacation.

Due to the tenets or teachings of my religion.

I have plans that will make me unavailable to vote in person

If the voter uses any one of these four reasons, he/she MUST have the document notarized unless he/she is an ELIGIBLE NON-RESIDENT.

Voters, with appropriate identification, who vote absentee at Town Hall, do not have to have the document notarized but must sign in the appropriate place.

3. Affidavits (ballot requests) are self explanatory; however, should you have any questions, please call the Dewey Beach Town Hall at (302) 227-6162 or toll free 1-877-227-6331 or Fax (302) 227-8319 and a staff person will address your concerns.

4. You can submit your Affidavit by mail or drop it off in person at Town Hall during business hours or have someone drop it off for you. Remember - all requests for Affidavits (ballot requests) must be received in Town Hall no later than 12:00 noon the day prior to the Election. Town Hall cannot mail ballot requests after 5:00 p.m. Tuesday September 21, 2010.

5. All qualified voters who have properly submitted an Affidavit (ballot request) will receive a ballot, instructions and a ballot envelope.

6. A ballot can be returned by delivering it, or causing it to be delivered, to Town Hall no later than 6:00 p.m. on September 25, 2010.

7. Qualified voters may also appear at Town Hall during business hours to request and complete the Affidavit and can receive and submit the ballot at that time. If a voter completes an Affidavit and does not intend to immediately complete and submit a ballot, then that ballot must be returned in accordance with #6 above. Remember - Affidavits cannot be given out after 12:00 noon on September 24, 2010.

IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE AFFIDAVIT, PLEASE CALL (302) 227-6162.

I have been wondering when Pat Wright would re emerge from her home at Kings Creek Country Club to take up the cause of Dewey Beach Enterprises again.

When I first read her letter to the editor last week, “ Outside Dewey interests need to pack bags” I thought she was talking about herself. Since she doesn’t live in Dewey and only owns commercial property here, it is not surprising that she favors commercial developers.

What is surprising is that she attacks the homeowners here who also own homes elsewhere and yet love Dewey so much they volunteer hundreds of hours to work for the town. She filed ethics charges three years ago against volunteers trying to serve the town, including Commissioner Diane Hanson who has served this town selflessly and bravely, charges later dismissed. Pat Wright also attacked David King, who was later recognized for his outstanding service and named Volunteer of the Year. Why would a former mayor do that? Unfortunately, Pat speaks out for Dewey Beach Enterprises who has sued the town five times, and also for commissioners who sexually harass their colleagues. She contributes to the Alice in Wonderland fantasy that somehow Dewey Beach Enterprises ( DBE) is the victim rather than the aggressor. The facts say otherwise.

A number of us who have homes elsewhere spend more time in Dewey Beach than “ fulltime” residents who spend much of the year in the Bahamas or Florida. Property owners from Newark and Wilmington and Philadelphia and Washington, D. C. serve on town committees in Dewey year round, and if we didn’t, we wouldn’t have the results or the volunteer spirit that makes this town so special. We work side by side together, property owners from all areas, making Dewey a great East Coast beach town.

When the nor’easters strike, we’re the ones calling our neighbors who are away and worried about their properties flooding, whether those neighbors are “ locals” who happen to be in Florida or Wilmington or part time residents. We all join together to decorate town beach fences, organize holiday parties to promote festive spirit and pull weeds for town beautification. It takes all of us working together to make the town special and it shows. The town has some issues like noise, public intoxication, litter and a little too much partying, but most of us like the live entertainment here and enjoy the big venues as well as the small ones.

By far the most important issue here is that over 86 percent of the town’s voters voted to keep our height limit at 35 feet. A month ago, almost a hundred locals and out of town owners spent three hours at a town meeting to support the town commissioners in strengthening the 35 foot ordinance. Whatever our other differences, we are all united in preserving a beach town we live in and love. Unfortunately, we have one citizen here who doesn’t want to be a good neighbor. DBE wants to violate two of the town’s laws by building a 68 foot hotel. We now have five lawsuits against the town from a bully who doesn’t respect our laws. Who do you stand with? It’s not too late to join with us and ask big and small, in town and out of town property owners to respect our laws.

Joy Howell Dewey Beach