By Michael Short, March 1, 2011

Delaware is the only state in America without a national park site.

That could change soon, thanks to legislation establishing a national  historic park to celebrate Delaware’s role in the founding of the new world and the birth of America.

Senator Tom Carper and Congressman John Carney were in Lewes on Friday, Feb. 25 to discuss the progress of the First State National Historical Park Act legislation. Championed by Carper since 2002, the legislation appears to be gaining momentum.

The two gathered at the Burton-Ingram House, part of the Lewes Historical Society complex. The Burton-Ingram House dates to 1800, but it’s the new kid in town next to the Ryves Holt House.

Built in 1665, the Ryves Holt House on Second Street is one of a handful of the oldest buildings in the nation. Only a scant few older buildings in Massachusetts or St. Augustine, Florida exist.

 It’s been an inn, a judge’s home and a courthouse during its’ many years of service. Currently, the red home next to St. Peter’s Church houses a gift shop for the Lewes Historical Society. Lewes Historical Society Executive Director Michael DiPaulo said on Friday that among its’ other distinctions was the site of a court case decided by an all-female jury, a considerable rarity in early America.

The Ryves Holt House would be one of several sites to be located in a Delaware Historical Park. Unlike a huge Yellowstone-style park, this would be more like the Boston Freedom Trail, which winds through a series of several historical sites.

The idea would be to highlight Delaware’s Revolutionary War history, rich with John Dickinson, Caesar Rodney, George Read and other figures. Dickinson is sometimes called the “penman” of the Constitution. Carper said that he had much to do with the development of America’s system of three branches of government.

 It would also highlight Delaware’s role in the founding and settlement of the New World, including early Swedish and Dutch settlements.

“Delaware’s history is our nation’s history,” said Timothy Slavin of the Delaware Division of Historical and Cultural Affairs.

“We have a better story to tell, frankly, than most states with a national park. It is a story that ought to be told,” said Carper.

“It’s really a fantastic, colorful history,” said DiPaulo.

The legislation establishes sites in each of Delaware’s three counties. They are: the Old Sheriff’s House in New Castle County, the Fort Christina National Historic Landmark, the Old New Castle Courthouse, Old Swedes Church, the Dover Green, the John Dickinson Plantaton and the Ryves Holt House in Lewes.

The National Park Service could also work with other sites in Delaware, even if they are not formally listed.

Carper and Carney were quick to note on Friday that Delaware was the first state to sign the Constitution in 1787.

“Creation (of a park) is good for Delaware and for the nation,” said Slavin.

Carper said that the cost of the legislation would be modest. While he didn’t define modest, he said that he remains very committed to not increasing the federal deficit.

The  idea has been floated since 2002 and meetings have been held in each of Delaware’s counties to see what type of potential park that Delawareans would support.

A group of a dozen people worked on development of potential ideas for a park project, including former University of Delaware professor Dr. James Soles.

Carper, former Congressman Michael Castle and former Senator Ted Kauffman introduced the legislation in October, 2009. It has since been updated and revised and was re-introduced in February by Carper, Carney and Senator Chris Coons. Carney said it was his first piece of legislation since being elected.

Carper said Interior Secretary Ken Salazar has expressed support for the legislation.

When the legislation was first introduced in 2009, then Senator Kauffman said “All of Delaware’s children and grandchildren would benefit from visits to old New Castle and the rest of the sites, teaching them about Delaware history and creating memories that will last for the rest of their lives.”

Speaking before Congress last year, Carper said “Once a national park unit is established in Delaware, families from throughout America – and all over the world – will have the opportunity to learn from the National Park Service’s website of the rich, historical heritage of the First State. And, who knows? They just might decide to pay us a visit; much like my own family did when they chose to spend an unforgettable week or two visiting Denali and other parts of Alaska.

In closing, I would note that the word Denali translates loosely to mean “The Great One.” That enormous park is several times the size of my own state.

While visitors to Delaware are not likely to remember us as “The Great One”, they may well end up returning to their own home with lasting memories – fond memories – of the Small Wonder along the Eastern Seaboard of our nation that helped to launch the most endearing experiment in democracy that the world has ever known – The United States of America.”

By Michael Short

Delaware’s legislators returned to work on Tuesday to face what is expected to be a very challenging session.

Legislators are expected to reconsider an expansion of casino gambling, efforts to increase transparency in government and finding a way to wrestle with a tight budget and a sluggish economy.

But the economy will take center stage with everything else relegated to secondary status, with the possible exception of gambling expansion.

Governor Jack Markell has already said he expects to take a closer look at state employee benefits as a way of helping balance Delaware’s budget. He is expected to push for less generous pension and health care benefits for new state workers.

Markell will present his proposed budget on January 27. Federal stimulus funds have helped many states to balance their budgets, but that money is running out for states like Delaware.

That essentially leaves balancing the budget as the 800-pound gorilla in the room.

Rep. Ruth Briggs King, R-Georgetown, said that one way she hopes to cut costs is changing the way Delaware funds construction projects. Delaware pays the prevailing regional wage on construction projects and Briggs King hopes to pass legislation that will allow Delaware to pay a lesser rate.

She’s also calling for more support for existing business to help stimulate job growth. She said that will include looking more closely at regulations and red tape to see if they need to be eased.

House Majority Leader Pete Schwartzkopf, D-Rehoboth Beach, has said that Delaware needs to look at renewable energy like wind power as a tool to boost the economy.

The universal recycling legislation passed last year by the legislature has proven to be controversial, but legal. It was upheld on January 7 as constitutional by Delaware’s Chancery Court.

There are a number of changes in the makeup of this year’s legislature with the most dramatic being the absence of Rep. George Carey. Carey’s seat is now held by Harvey Kenton, R-Milford.

Carey served the 36th District for so long that it sometimes seemed he had almost been born into office. Kenton is a conservative who will focus on keeping taxes low, boosting the economy and improving education.

Sussex County also has a seat on the Joint Finance Committee. The very influential committee is vital when it comes to money matters and Sussex County lost its seat when former Representative Joe Booth became Senator Joe Booth, R-Georgetown.

Briggs King has been chosen to have a seat on the JFC Committee and she expects to take an active role. She said it’s a way of making sure that Sussex County gets a fair share of funding.

Schwartzkopf will push hard for an expansion of gambling because he believes it will bring more jobs to Sussex County. During the campaign, Schwartzkopf made it clear that he’s no fan of gambling.  “I couldn’t care two cents about a casino.”

But he said another venue could bring  jobs to Sussex County and could serve as a destination that attracts visitors. Rep. John Atkins, D-Millsboro, has also been supportive of expanding gambling because of the possibility of additional jobs.

If approved, the most likely site in Sussex County would be the Del Pointe project outside of Millsboro.

The issue, however, remains a thorny one. Briggs King, Kenton and Senator George Bunting, D-Bethany Beach, have said they are opposed to an expansion of gambling.

“Resisting the temptation of a simple solution to their problems, numerous surveys have shown that the majority of Sussex Countians have remained steadfast in their opposition to  expanding gaming,” Briggs King wrote in a recent letter to the editor. “Instead of backing the project, they’ve repeatedly expressed their concerns about its morality as well as the impact it will have on the county’s quality of life.”

“They want jobs in other sectors,” she said.

There were also several bills pre-filed on January 6 in the House of Representatives including legislation aimed at reducing alleged gang activity in Delaware. The legislation would increase the penalty for gang participation.

“This bill will, hopefully, serve as a first step in protecting our communities by showing we are serious about addressing gangs,” said Rep. E. Bradford Bennett, D-Dover.

Other bills filed on Thursday include a measure that would prohibit public schools from serving food containing more than small amounts of trans fats (the measure failed last year) and a measure to restrict former legislators from immediately becoming lobbyists.

By Michael Short

The Delaware Department of Transportation (DelDOT) is seeking millions in damages because of  miscues in the long-standing effort to build a new inlet bridge.

DelDOT filed suit in Sussex County Superior Court on Friday, Jan. 28 against engineering firms involved in building the previous earthen approach ramps to the new Indian River Inlet bridge. Those ramps settled and shifted more than expected, forcing them to be removed in 2008.

DelDOT then went back to the drawing board and re-designed the inlet bridge project. Some of the two approach ramps remained in place, but most of the material was simply hauled away at a cost of millions.

While the new bridge construction is now moving quickly forward, that problem has continued to stick in the craw of many Sussex County legislators, who demanded accountability from the state agency.

Those legislators have been quick to demand accountability and they chided DelDOT in a September, 2010 letter for being slow to release results of a study of what went wrong with the approach ramps.

Friday’s lawsuit seeks $19.6 million in damages from Figg Bridge Engineers and MACTEC  Engineering and Consulting. It alleges that errors by the companies caused the problems, which rendered the approach ramps unusable.

“DelDOT hired industry leading engineer experts who conducted a thorough and comprehensive review to find out why the roadway embankments failed and who should bear responsibility for those failures,” said DelDOT Secretary Carolann Wicks.

Wicks went on to say that DelDOT tried to resolve the issues without litigation, but was unable to reach a resolution “that’s fair to taxpayers. We are now seeking a resolution in court.”

But that allegation has been challenged by MACTEC and both sides say they welcome the chance to have the facts of the case aired.

In a statement, MACTEC, a subconsultant, said that many of the problems were caused by DelDOT.

The firm said specifically that DelDOT continued to use plans for the earthen approaches to the bridge, even though the design for the bridge that used those approaches had already been abandoned.

MACTEC also alleged that DelDOT had forged ahead without involving  its’ design team and had conducted “secret meetings”. They alleged an independent report on the embankments “was based on incorrect assumptions and minimal information and ultimately proved to be inaccurate before the deconstruction of the embankments commenced.”

“We’ve seen these arguments from MACTEC before and look forward to rebutting them in court,” said DelDOT Spokesman Geoff Sundstrom. “MACTEC’s statements do not explain away that it substantially underestimated the amount and timing of the settlement of the embankments designed for the Indian River Inlet Bridge.”

“As embankment construction was nearing completion in early 2007, excessive settlement, bulging, tilting and other deformation of the embankment walls were observed,” according to DelDOT.  “A subsequent independent analysis of the south approach embankment revealed that the excessive and uneven settlement was expected to continue. After analyzing whether to salvage or replace the embankments, DelDOT concluded that the embankments would pose continual and costly maintenance, as well as construction and safety risks and should be replaced with elevated roadway approaches to the new bridge.”

A statement from Delaware’s Congressional delegation was released shortly after the lawsuit was made public.  The delegation called the earlier problems a setback and said they are pleased that DelDOT is seeking to recover the losses.

2010 ELECTION RESULTS (unofficial)

• US SENATE: CHRIS COONS (D) 56.6%, CHRISTINE O’DONNELL (D) 40%
• US CONGRESS: JOHN CARNEY (D) 56.8%, GLEN URQUHART (R) 41%
• ATTORNEY GENERAL: BEAU BIDEN (D) 78.9%, DOUG CAMPBELL (I) 21.1%
• TREASURER: CHIP FLOWERS (D) 51%, COLIN BONINI (R) 49%
• AUDITOR: TOM WAGNER (R) 50.4%, RICHARD KORN (D) 49.6%
• REPRESENTATIVE, 14TH DISTRICT: PETE SCHWARTZKOPF (D) 53.7%, CHRIS WEEKS (R) 46.3%
• REPRESENTATIVE, 36TH DISTRICT: HARVEY KENTON (R) 54.3%, RUSS MCCABE (D) 45.7%
• REPRESENTATIVE, 37TH DISTRICT: RUTH BRIGGS KING (R) 61.8%, FRANK SHADE (D) 38.2%
• COUNTY COUNCIL, 4TH DISTRICT: GEORGE COLE (R) 60.7%, RUSS MELRATH (D) 39.3%
• SHERIFF: JEFF CHRISTOPHER (R) 53.8%, ERIC SWANSON (D) 46.2%
• RECORDER OF DEEDS: SCOTT DAILEY (R) 50.6%, JOHN BRADY (D) 49.4%
• REGISTER OF WILLS: CINDY GREEN (R) 57.4%, GREG FULLER 42.6%
• SENATORS GEORGE BUNTING (20TH) & JOE BOOTH (19TH) AND REPRESENTATIVE GERALD HOCKER (38TH) WERE RE-ELECTED WITH NO GENERAL ELECTION OPPONENTS.

By Michael Short

The race for the 14th Representative District pits veteran legislator and House Majority Leader Pete Schwartzkopf against political newcomer and local businessman Chris Weeks.

Schwartzkopf, a Democrat, is a former state police captain who headed Troop 7 outside of Lewes. He says he has worked in public service all his life and wants to continue to serve the Coastal Sussex region.

He has been in office for eight years and has been House Majority Leader for two years. He retired from the state police with 25 years of service.

Weeks, a Republican, is running on a platform of smaller, more efficient government. He has a background in business and says that we need to reduce the size of government, cut spending and bring efficiency back to our state government.

Weeks works for Becker Morgan Group in Dover as a business development manager. He founded Booksandcoffee in Dewey Beach and has managed four different hotel/condominium properties.

Both candidates are strong supporters of education and both say we need to wisely care for our environment.

Both pride themselves on integrity and  honesty. Both say they are willing to tell people the truth.  “I might not tell you what you want to hear,” Weeks said.

Both says jobs and the economy are the number one issue. That’s one of the few things that virtually every candidate in the state agrees upon in an election year which is proving surprising at almost every turn.

Weeks has hammered Schwartzkopf on the issue of government growth and tax increases. Schwartzkopf said that some taxes have been raised, but said tax increases were part of a balanced effort to deal with a deficit of more than $800 million.

He said a combination of stimulus money, painful budget cuts and tax increases were used to balance the budget. He said that difficult choices had to be made and that he was willing and able to make the tough choices when needed.

Schwartzkopf said that some 1,000 positions were cut in an effort to balance the budget. Some of those have since been rehired, like 90 teachers because of increased enrollment, but most have not.

“We’ve already cut the low hanging fruit and middle fruit,” he told the audience at a Rehoboth Beach-Dewey Beach Chamber of Commerce forum.

He told the audience at a League of Women Voters forum that the economic challenges have meant “hard times, hard decisions.”

Weeks says that there is a lack of accountability and efficiency in government. “I think our system of government is broken . . . I fear for my children’s ability to prosper and get good jobs.”

Weeks said the Delaware budget grew from $2.4 billion in 2002 to some $3.3 billion in 2010.  “We have to downsize,” he said at the Rehoboth Beach-Dewey Beach Chamber forum.

“We throw money at a problem,” he said.  While the ideas may be honorable, Weeks said we often fail to really measure how well programs are succeeding to know whether the money is being well spent.

“Government needs discipline . . . We are drowning, ” Weeks said. “We need to measure our effectiveness. We need to constantly be measuring whether we are achieving.”

Schwartzkopf said we need to work to create jobs, reduce regulation and provide more tax credit and incentive type legislation. He said that it can be a “bureaucratic nightmare” to deal with state agencies and that needs to be improved.

We have to give businesses the “opportunity to succeed,” he said.  “It is all about jobs.”

“Small businesses and tourism are the lifeblood of the 14th District,” he said on his website.

Schwartzkopf said that the new state testing system means teachers have a better sense of what students are learning. He said the new system is better and that it involves online testing and will be done more frequently.

Schwartzkopf said that regulation and paperwork in the education system need to be reduced and that he would prefer to see school districts cut administrative positions while leaving teaching positions intact.

He said more discipline and more parental involvement are needed.

Weeks has come under some fire for comments about the Department of Education. But he makes it clear that he is a strong supporter of education and that he merely meant that the system is top heavy. He said more of the money spent on education should be spent in the classroom.

“Teachers will get our children to the top if we give them the tools to do so,” Weeks said. He said that more discipline is needed and that teachers need to be empowered. He called teaching to a test “frustrating.”

On the issue of the environment, Schwartzkopf said two projects have provided good environmental news for the district.  Those are efforts to eliminate Rehoboth Beach’s treated wastewater discharge into the Lewes-Rehoboth Canal and efforts to improve the air quality of emissions from the Delmarva Power and Light plant near Millsboro.

Weeks said he is a good candidate because he is thoughtful, passionate and creative. He said he comes with no strings attached and no ties to any special interests. “I am a passionate person who cares very much.”

Schwartzkopf said he is a good candidate because of his honesty and common sense. He said he is straightforward wth people and unafraid to make the tough decisions that are needed. “You make decisions when the time comes. I’m not afraid to make those decisions,” he said.

The two candidates differ on the idea of additional gambling in Sussex County. Weeks does not support the proposed Del Pointe project, which is planned for Millsboro. He says that it could draw visitors and business away from the coastal areas.

Weeks has said that Delaware needs to pursue plans raised by the University of  Delaware to perhaps place a four-year college in Sussex County.

Schwartzkopf  does support the casino project, but makes it clear that he does so only because he believes it could bring  jobs to Sussex County. He said that he feels the project would attract tourists and visitors to the coastal area in the off-season.

Schwartzkopf has said Delaware should aggressivly pursue the wind energy field as a potential source of jobs.

“I love the area and the people and I want to continue to serve them,” Schwartzkopf said. “I will never forget who put me in Dover.”

“Clearly, our existing methods of government are not working,” Weeks said on his website.  “Government has gotten too big, too expensive and inefficient.”

“My message has been simple,” Weeks said in an open letter to residents. “We need to get government out of our pockets, our lives and out of our way.”

“I stand by decisions,” Schwartzkopf said on his website. “I don’t play games with the facts. I sign my name to my record. I believe that is what a responsible leader does.”

By Michael Short

It was clear who wielded the star power.

A candidate forum on Wednesday afternoon drew a variety of local and statewide candidates, but it was Senate candidate Christine O’Donnell that drew the most attention.  O’Donnell’s every move was followed by photographers as she worked her way to the stage.

The Rehoboth Beach-Dewey Beach Chamber of Commerce forum at the Rehoboth Beach Convention Center drew a large crowd. People were scrambling for seats a half hour before the first candidate took to the stage.

The forum drew a variety of supporters and candidates ranging from Libertarians to 9-12 Patriots to the Blue Enigma Party, in addition to the more standard Democrats and Republicans.

Signs, shirts and bumper stickers, some of them on shirts, were everywhere in the audience.

For the most part, it was a candidate forum without a lot of fireworks. Cape Gazette publisher Dennis Forney moderated the forum and began with the Senate candidates because O’Donnell had to leave early. She apologized and said there were six other forums on the same day.

Coons, a Democrat, told the audience that “Washington is broken.”

O’Donnell, the Republican who upset Mike Castle in a primary, said the nation can’t spend its way to recovery and tax its way to prosperity. “I’m running because I’m concerned about the direction of our country,” she said.

Coons said that a “great deal is at stake” and reminded the audience that there are some 35,000 Delaware residents out of work.

O’Donnell called Coons a “rubber stamp” for failed policies and said she wanted to stop tax increases and cap and trade while supporting veterans and balancing the budget. She said that eliminating the “death” tax would create an estimated 1.5 million jobs.

But Coons told the audience to consider his experience and background. “Look at my record.”

O’Donnell said that having to fight her own party means that she will be willing to fight for the people of Delaware.

Coons is the former New Castle County executive and he said that means he has had to be fiscally responsible and has worked to streamline regulations. He touted his real-world experience and said he has been willing to stand up to the Obama-Biden administration when he disagreed with those policies.

In an election that some see as a referendum on the Obama presidency, he distanced himself somewhat from the president. Specifically, he said he disagreed with the offshore drilling policy and the way the TARP program was handled.

Both candidates said they understand the challenges faced by small businesses.

O’Donnell said she has had a freelance business for 20 years. “I know how hard it is to earn and keep a buck.”

Coons said that he comes from a family of small business owners and that there have been some hard times in his family history. “I know the risks and rewards,” he said.

On the topic of education, Coons said that there is a federal role in education and that he supports the separation of church and state. He said that particularly in Sussex County, we need to work to strengthen higher education opportunities.

O’Donnell said she supports private vouchers and charter schools and called it “appalling” that teachers sometimes have to buy their own classroom supplies. “Our goal should be to improve every school.”

“I want to go to Washington and make jobs come back to Delaware,” O’Donnell said.

She drew boos from some in the audience when she said that a vote for Coons would cost Delawareans an extra $10,000 when increased taxes and policies like cap and trade are considered.

“I have worked hard not just for Democrats . . . but for everyone in the state of Delaware,” Coons said. He said he has been willing to stand up against labor unions and against the former New Castle County Executive when he thought he was wrong.

Among the other candidates, Auditor candidates Tom Wagner Jr., the incumbent Republican, and Democrat Richard Korn sparred over the issue of whether or not local school districts are audited. Korn said that the auditor’s office has not done those audits while Wagner insisted that they are done every year.

“This is your money,” Korn told the audience.

Wagner said Korn has no auditing background and that the school audit issue will be resolved when Korn visits his office on Friday and sees the audits. Korn countered that he may not have an auditing background, but that he has a legal background and that the race is about following the law.

Candidates for the 14th District, incumbent Democrat Pete Schwartzkopf and challenger Republican Chris Weeks, disagreed on any possible expansion of gambling in Sussex County.

Schwartzkopf said he supported the proposed Del Pointe project near Millsboro not because it’s a casino, but because it is a large project that will bring jobs to Sussex County. “I couldn’t care two cents about a casino,” he said.

He also said Delaware needs to look at renewable energy like wind power as a tool to boost the economy.

Schwartzkopf said that a casino would bring more people to the area and improve the local economy by attracting visitors during the off-season.

Weeks said he opposed any gambling expansion, saying that it would draw visitors and tourists away from Rehoboth Beach and the coast and direct them inland toward Millsboro or other areas.

He added that gambling revenues go to Delaware’s General Fund and most of that money “goes to New Castle County.”

Weeks said that to help boost the economy, we should support the idea raised some two years ago by the University of Delaware to expand and build a potential four year facility in Sussex County.

Several of those invited could not attend, including Attorney General Beau Biden. Biden’s Independent Party opponent Doug Campbell said that if elected, Delaware would join 20 other states in filing suits against the new health care reform bill.

When some in the audience booed that comment, he replied “Wait until you read the bill.”

Chip Flowers, Democratic candidate for Treasurer, called for Delaware to have an Economic Policy Office. His Republican opponent, Colin Bonini, was unable to attend.

Congressional candidate John Carney said that he would support a guest worker program to help deal with the problem of immigration.  His Republican opponent Glenn Urquhart could not attend.

Several of the lesser known candidates had some of the most memorable comments.  Senate Libertarian Candidate Jim Rash said he wanted to cut not just fat, but also muscle from the federal government. He said that George Washington had four cabinet posts and now there are 15 cabinet posts.

Blue Enigma Party Congressional candidate Jeffrey Brown said that the trade gap with China is the single biggest problem America is facing.

“I’m the other guy,” Rash said, after O’Donnell and Coons introduced themselves.

Congressional candidate Libertarian Brent Wangen said the fact that some of the lesser known candidates were participating meant voters “got the full menu and not just the kids menu.”

Wangen said some voters have told him the Constitution is a living document. “It is,” he said. “I ask you to please stop trying to kill it.”

By Michael Short

Rehoboth Beach wasn’t able to reach consensus during the Friday, Oct. 15 commissioner’s meeting on how to change the city’s patio regulations. But the city is expected to keep the issue on the front burner.

“I would expect this to be on every agenda until it gets done,” said Mayor Sam Cooper.

There seemed to be consensus to change the code so that restaurant patio violations would be considered a civil and not criminal matter. That came to a head when the city began enforcing the patio ordinance after Labor Day, resulting in the actual arrests of a few restaurant owners and managers.

That action has been seen as heavy-handed by some and the commissioners were quick to say that patio violations shouldn’t be considered a criminal matter. The patio regulations say food and alcohol cannot be served after 10 p.m. and patrons should clear the patio by 11 p.m.

But the commissioners bogged down on how quickly they should move and whether they should change the patio ordinance before they change the noise ordinance.

In the end, no changes were made, prompting Susan Wood of the Cultured Pearl to ask what about this weekend and Jazz Festival, a weekend when the city is crowded with visitors and restaurants are at capacity.

“Go out and have a good time,” said Cooper, implying the city would use a light-handed approach. “Don’t make too much of a ruckus.”

Commissioners Bill Sargent and Stan Mills said that both the noise and patio ordinances should be considered together as a package deal. “Our problem is not patios. It is noise . . . It all needs to be done at the same time as a package deal,” according to Sargent.

While most have agreed that the main issue is noise, Mills also said he was concerned about rowdy behavior. “It is not just noise for me personally,” he said. “I have said before that I don’t want to be a rowdy party town.”

Commissioner Dennis Barbour had originally said that Mills should recuse himself from the discussion, saying certain officials had acted “improperly”  in regard to the patio ordinance enforcement.

But others said the issue should be what happens from now on. “The agenda item is not how we got here or on any one individual,” Sargent said. “Let’s move on.”

Commissioner Lorraine Zellers also said the city should not rush to make changes. City Manager Greg Ferrese has been instructed not to strictly enforce the patio ordinance, but that didn’t seem to molify some in the crowd, who wanted action now.

“Do it. Make a plan of action and do it,” urged resident Nancy Meadows.

“Either enforce it or repeal it,” said Guy Abernathy.

Zellers said the city should take some time and get the process right, instead of making changes in haste.

That prompted Commissioner Kathy McGuiness to say “we had no second thoughts about running in there and arresting people.”
McGuiness wanted to move immediately to make patio violations a civil and not criminal matter. Commissioner Pat Coluzzi also wanted to move quickly, saying “I want to make sure they (business owners) know this is something we are going to pursue now.”

Commissioner Dennis Barbour drafted proposed changes to the patio ordinance and he also wanted to move fast, prompting some concern from Cooper.

“We’ve had this less than 24 hours and you want to vote on it,” he told Barbour.

Town Attorney Glenn Mandalas said that making the change would be considered a zoning change, which would require a public hearing with 15-days of public notice before action could be taken, he said.

Barbour and Coluzzi have met with business owners in a meeting spearheaded by Rehoboth Beach Main Street. Both Main Street and the Chamber of Commerce have been involved in trying to hammer out changes to a patio ordinance.

A letter from Rehoboth Beach-Dewey Beach Chamber of Commerce President Carol Everhart urged that any violations be considered a civil and not criminal matter. The letter also suggested standardizing the closing time for all restaurants to 1 a.m. “This amendment levels the competitive playing field, clears the patios by 1 a.m., automatically regulates and eliminated the issue of patrons stepping outside on the patio to smoke past outside serving time and eliminates confusion with enforcement.”

The confusion over enforcement was a reference to some restaurants being grandfathered in and having later closing times for patios because they were in operation before the nearly 20 year old ordinance passed.

Barbour’s proposed revisons eliminated the current patio time limits and said food service “must be available to patrons on the patio during normal business hours.”

During the discussion, Barbour noted that he had previously been charged for violating the city’s noisy dog ordinance. Because it was considered a criminal penalty, he said he was fingerprinted, photographed and arrested just because his dog was too noisy.

Although he had the instance expunged from his record, he told the audience “I was interviewing for jobs at a high level. . . If this had come up, I could have lost a job.”

One restaurant owner said that his manager is from Canada. Being arrested for a patio ordinance violation means “she would be deported,” he said.

Others criticized the 10 p.m. ending of service on the patios as too early for adults. Wood said that she had had to tell patrons enjoying her deck that they had to move inside, even though it was a beautiful night to sit outside. “I’m sorry, but I have to ask you to move in . . .,” she said. “It is really complicated and I apologize. These people were laughing. And they weren’t laughing at me. They were laughing at you because you wrote this ridiculous law.”

A motion to draft a resolution addressing  just the change from a criminal to civil penalty failed by a 4-3 vote.

But some said the discussion and meetings may be an opportunity to bring the city closer together.

Drexel Davison of Rehoboth Beach Main Street and Bad Hair Day? said the discussion made him believe “that something good will come of this.”

Frank Shade

Ruth Briggs King

By Michael Short

Incumbent Ruth Briggs Kings is being challenged by Frank Shade for the 37th District Representative seat.

It’s a battle of relative political newcomers and it pits Briggs King, a conservative Republican, against Shade, a Democrat perhaps best known for his strong ties to Punkin Chunkin.

Both pride themselves on their integrity and character.  Both are active in the community and neither has extensive political experience.

Briggs King is a former teacher of the year for Kent Vo-Tech and has held positions with Medlab Inc. and Baltimore Trust as well as serving as the executive vice president of the Sussex County Association of Realtors. Shade works for the county as the director of purchasing and fleet management. He was one of the first ten paramedics hired by Sussex County when it began its’ paramedic program.

Briggs King prides herself on reading every bill before casting a vote on it. It’s part of what she considers her responsibility as a legislator.

She lists her biggest priorities as the economy, jobs and spending. She said Delaware “simply has to reduce the spending.”

She voted against Delaware’s budget this year. “The $3.3 billion spending plan is nearly $214 million higher than the one it replaces – an increase of  about 6.5 percent. I voted against the budget because I believe there were not enough cuts in spending. If families have to live within their means, why shouldn’t the state of Delaware be required to do the same? That is also why I co-sponsored legislation this session that would  require a three-fifths majority vote to pass a budget in the event the state’soperation budget exceeded the rate of inflation.”

Briggs King also said that transparency in government is one of the most important issues in Delaware. “We need to be more transparent.”

Briggs King was elected last year  in a special election. She said being chosen to represent the district was “a humbling experience” and she said she prides herself on being responsive to voters and being able to think out of the box to develop solutions. “I work very hard for the people,” she said.

She replaced Joe Booth, who left the House of Representatives to fill the Senate seat held for many years by Thurman Adams.

She defined a good legislator as someone “who is very active and very engaged in your community. Someone who is very responsive to your constituents . . . You put yourself aside.”

In her first year as a legislator, she was one of the sponsors of numerous bills aimed at preventing abuses of children. The bills were all a result of the charges against alleged pedophile Dr. Earl Bradley and include a number of provisions aimed at preventing such a case from ever happening again. “I believe these bills are among the most important laws we’ll enact this year because they will provide increased communication that’ll help ensure that those responsible for these types of despicable acts in the future are exposed as early as possible.”

She supports lower taxes and said Delaware needs to review its’ state purchasing program. Delaware’s school districts also need more local control, she said.

She opposes an expansion of slot machines because she said the majority of voters in the 37th district do not support additional slots.

She points to her variety of experiences as a way to prepare for a diverse district facing serious issues. Her website says she will work to maintain local control on land use decisions and balance growth and development with individual property rights.

Some of her community work has involved the Interfaith Mission, the boys and girls club, Public Allies, the American Red Cross and the Financial Literacy Commission.

“As a freshman, I asked difficult questions and stood firm on conservative issues and fiscal responsibility,” she said on her website. “More imporantly, I have kept my promises to you and worked hard to be responsive to constituent constituents. Many constituents have learned what friends already knew –You can rely on Ruth.”

Shade is a relative newcomer to politics, but he is a well-known figure in Sussex County. He was a founder of  the Sussex County Cancer Survivors Fund, headed the Punkin Chunkin Association for years and has been very involved with the Lower Delaware Autism Foundation.

“I am not a professional politician,” he said on his website. “I believe it’s time for a working person who has been on the streets and in the trenches to help lead us out of the problems we’re facing. We need everyday people in office who know who they are and remember where they came from. We need someone who will take your issues and be like a dog with a bone and not let go.”

Shade said that he wants to restore trust and faith in government and that he is running because it is the right thing to do.

Shade said that we cannot balance the budget on gambling and said he would oppose any additional slot machines unless they are part of a larger project which provides real job growth.

A flyer from Shade says that he will fight to make government more transparent and responsible.

He said that more emphasis on vocational education is needed and that it is wrong for school districts to lay off teachers, but not to cut any administrative positions.

“Even in tough economic times, we can provide our students with the education they deserve by ensuring that funding makes its way to the classroom, where it belongs. (I ) will help keep our teachers accountable without tying them to arbitrary testing standards,” according to a campaign flyer from Shade. “Quality schools make better neighborhoods and attract new jobs to the state, so (I) will fight to strengthen our education system at every level and keep higher education attainable for all Delaware residents.”

Shade said that every candidate or incumbent will focus on the economy.  He said we need to work to bring jobs to this area and that renewable energy like wind energy is one potential area where jobs and growth can occur.

He said that economic growth is important, but that it should be done while protecting open space, strengthening communities and ensuring that infrastructure keeps up with development. He said the issue of immigration needs to be addressed, but he called for the emphasis to be placed upon dealing with immigrants that are guilty of assaults, rapes or other criminal acts.

Shade said that manufactured homeowners and landowners are often at odds and called for a fair approach to those concerns. “Negotiations can’t fall through between those two groups,” he said. “It has to be a balanced effort (that is fair for both sides).”

“We need people willing to go out and help their neighbors,” he said, saying that type of community involvement is badly needed. “That’s the kind of person I want to be. . . This is my opportunity to get involved . . . Be part of the solution.”

“I’m not going to be a mud slinger or run a negative campaign,” he said.

Like his opponent, he said he values integrity, honesty and character. He said he has no ties to special interest groups and has returned campaign contributions.  ”It has to start one person at a time. . . Everything you’ve done in your past has made you who you are today.”

When asked what he would say to voters, he said “be part of the solution. Get out and vote.”

Attorney General Beau Biden announced that his office is participating in a coordinated national effort by state Attorneys General and state mortgage regulators to investigate the foreclosure review and verification procedures used by the mortgage servicing industry. Officials from 50 states have joined together to review allegations that affidavits or other documents used in foreclosure proceedings were improperly submitted as well as other issues regarding irregularities or abuses by mortgage lenders and loan servicers. Last week, Biden urged Bank of America, JP Morgan Chase, and Ally Financial to suspend foreclosure proceedings while they review their foreclosure procedures and announced that his office is reviewing the banks’ foreclosure practices. Bank of America responded two days later by halting foreclosure proceedings in all 50 states.

“Democratic and Republican Attorneys General from all over the country share the same concern: making sure banks have accurate documentation before foreclosing on families,” Biden said. “Just as homeowners have an obligation to pay their mortgages, lenders also have an obligation to follow the rules when they foreclose on a homeowner’s property. We’re working as quickly as possible to ensure that banks follow our laws and regulations so that Delawareans facing foreclosure benefit from the legal protections they deserve.”

The Mortgage Foreclosure Multistate Group, comprised of 50 state attorneys general and state banking and mortgage regulators in 30 states, will look into whether individual mortgage servicers have improperly submitted documents in support of foreclosures. Its initial objectives include:

* Put an immediate stop to improper mortgage foreclosure practices.
* Review past and present practices by mortgage servicers subject to the inquiry.
* Evaluate potential remedies for past practices and to deter future improper practices.
* Establish a mechanism for more effective independent monitoring of future mortgage foreclosure practices.

The multistate group will contact a comprehensive list of individual mortgage servicers and will consult with federal regulators and agencies, including the Mortgage Fraud Working Group of the Financial Fraud Enforcement Task Force (FFETF), which was created in 2009.

The Mortgage Foreclosure Multistate Group released the following joint statement announcing its review:

“It has recently come to light that a number of mortgage loan servicers have submitted affidavits or signed other documents in support of either a judicial or non-judicial foreclosure that appear to have procedural defects. In particular, it appears affidavits and other documents have been signed by persons who did not have personal knowledge of the facts asserted in the documents. In addition, it appears that many affidavits were signed outside of the presence of a notary public, contrary to state law. This process of signing documents without confirming their accuracy has come to be known as “robo-signing.” We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.

In order to handle this issue in the most efficient and consistent manner possible, the states have formed a bi-partisan multistate group to address issues common to a large number of states. The group is comprised of both state Attorneys General and the state bank and mortgage regulators. All 50 state Attorneys General have joined this coordinated multistate effort. State bank and mortgage regulators are participating both individually and through their Multistate Mortgage Committee, which represents mortgage regulators from all 50 states. Through this process, the states will attempt to speak with one voice to the greatest extent possible.

Our multistate group has begun inquiring whether or not individual mortgage servicers have improperly submitted affidavits or other documents in support of a foreclosure in our states. The facts uncovered in our review will dictate the scope of our inquiry. The Executive Committee is comprised of the following Attorneys General Offices: Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, North Carolina, Ohio, Texas, and Washington; and the following state banking regulators: the Maryland Office of the Commissioner of Financial Regulation and the New York State Banking Department.”

release from the Delaware Department of Justice

The Department of Transportation (DelDOT) advises motorists of two activities that will be occurring in the vicinity of the Indian River Inlet Bridge.

First, there will be a right lane and shoulder closure of Route 1 northbound over the Indian River Inlet Bridge on Wednesday, October 20 from 9 a.m. to 11 a.m. This closure is needed to allow the Department of Natural Resources and Environmental Control (DNREC) to make repairs to their sand by-pass system. DelDOT’s bridge inspectors will also be on hand with an under bridge inspection vehicle to assist in this task. The work is expected to only take 30 to 60 minutes to complete. Route 1 southbound will not be impacted by this work and will remain open at all times.

Secondly, motorists and area residents may see bridge inspection crews in the water as the annual underwater inspection of the existing Indian River Inlet Bridge occurs October 23-24, 2010. There will be no traffic impacts due to this inspection as crews inspect the condition of underwater substructure units, such as the piers, to determine if any additional scouring has occurred. DelDOT expects to have the results of the inspection within in a couple months.

The existing Indian River Inlet Bridge is the most monitored bridge in the state, with both superstructure and underwater pier inspections occurring every six months to a year. Information on the construction of the new Indian River Inlet Bridge can be found at www.irib.deldot.gov.