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Lewes, Delaware
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June 7, 2011     Cape Gazette
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June 7, 2011
 

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" ltlgidiillll Cape Gazette NEWS TUESDAY, JUNE 7 - THURSDAY, JUNE 9, 2011 S Appelbaum says town manager's ruling improper By Kara Nuzback knuzback@capegazette.com . A former Dewey Beach com- missioner has sought clarifica- tion of the town manager's deci- sion to deny an appeal to the Dewey Beach Board of Adjust- ment. Former Commissioner Marc Appelbaum sent a letter to com- missioners lira Laird, Marty Seitz and Mayor Diane Hanson June 2. He asks by what authority Town Manager Diana Smith denied a recent board of adjustment ap- peal on council's mutual agree- ment with Ruddertowne devel- oper Dewey Beach Enterprises. On March 25, 15 Dewey Beach property owners, including Joan Claybrook, cofounder" of Citizens to Preserve Dewey, a volunteer group of residents who oppose any violation of the town's 35-foot height limit - submitted an appeal to the town's board of adjustment, requesting a hearing to overturn council's Marc Applebaum agreement with DBE. The agreement, approved Feb. 26 by a 4-1 vote, allows DBE to build a 45-foot, mixed-use resi- dential and commercial struc- ture to include a hotel, designat- ed town space and pubfic ameni- ties. DBE also agreed to drop pending lawsuits against Dewey Beach and town officials. On May 2, Smith denied Clay- brook's appeal in a letter stating the appeal was improperly filed and not within the jurisdiction of the board of adjustment. Smith cited Delaware code, saying ap- peals to the board must be filed with the administrative officer whose decision is being ap- pealed. She says town council is not an administrative officer. Claybrook responded to Smith by letter May 3, saying the town manager does not have the au- thority to deny the appeal. Clay- brook's letter also says Smith and town council have a conflict of interest because of their involve- ment in the Ruddertowne deci- sion. Claybrook asserts the hoard of adjustment should decide whether to hear the appeal. At a May 14 town council meeting, resident Anna Legates asked commissioners what au- thority Smith had to deny the ap- peal. Dewey Beach town solici- tor Glenn Mandalas said only there is no longer a pending ap- peal regarding redevelopment of Ruddertowne. Mandalas said the authors of the appeal would have to seek other avenues if they wish to appeal the mutual agree- ment. "However no one answered her question, nor did anyone tell Anna if, wt en or how her ques- ! school board to review rainy day fund April report shows reserves higher than expected By Leah Hoenen leah@capegazette.com The Cape Henlopen school board discussed and approved its April financial statement at its May 26 meeting. Cape received 100 percent of local revenue, 95.5 percent of state revenue and 115 percent of federal revenue said district business director Oliver Gumbs. But, he said, interest on district accounts is still lagging because interest rates remain low. Gumbs said the district is on target with spending practices, having spent about 70 percent of its expected expenditures. Gumbs said because of delays in reporting, the child-nutrition services shows a deficit of $1.1 million, but that is a reporting is- sue and not an actual problem. Board member Andy Lewis questioned the report, saying it showed 56 percent of funds obli- gated. "I could think at this time of the year, it would be higher," he said. Gumbs said the numbers are realistic. "Our principals do a good job holding onto money to cover their needs. Now, they're buying things they need for next year," he said. He said individual schools have spent between 65 percent and 70 percent of their money so far. Gumbs said the district must maintain a cushion tO show it can cover salaries over the sum- mar. Lewis also questioned the dis- gins discussions of next fiscal trict's reserve fund, expected to year's budget. be $2.8 million higher than previ- Gumbs said the scho(Jl board's ously anticipated, line in the budget ran over be- "My area of concern on the re- cause of the superintendent serve account is the technology search. He said the district has replacement cycle," Lewis said. the money to pay the bill. He suggested the district ear- Board member Sandi Minard mark some of that reserve mon- said the district's financial over- ey for technology replacement, sight committee examined the because the district knows re- statement and raised the same placements will be needed, questions Lewis did. Gumbs said the board willThe board unanimously ap- have more discussions on use of proved the statement. the rainy-day fund when it be- Henlopen Acres to hold budget meeting June 13 The Henlopen Acres commis- Town Hall, to discuss the 2011-12 sioners will hold a special meet- budget and review the tax rate, ing, 10 a.m., Monday, June 13, at water rate and fee schedule. for kids ages 6-13 June 27th to June 30th - 9am to 12pm - Stenger's Shamrock Farms Par 3 Golf Course 22222 Saw Mill Road -- Milton, DE ($10 $100 per child discount per child when more than 1 ramify member registers) Deadline for registration June 17, 2011 For more information Call 302-227-2387 or 302-684-1808 / Email: teeitupgolf@comcast.net tion would be answered," Appel- baum wrote in his letter. "In- stead, she got a patronizing, q'hank you for your comment.'" Appelbaum said his impres- sion was requests for board of adjustment hearings are to be immediately sent to the board when they are received the town~ "If this is the case, why was this process not followed?" he wrote. Appelbaum goes onto reiterate Legates' question: What authori- ty does the town manager have to deny an appeal? He also ques- tions whether Mandalas advised Smith not to involve herself in the decision. "In addition, it is my strong recommendation that you as commissioners encourage the board of adjustment to hire an independent attorney to advise them on this critical matter," Ap- pelbaum wrote. Dewey Beach Planning and Zoning Commission has sched- uled a public hearing to discuss possible amenities for the Rud- dertowne redevelopment. ' The hearing will begin at 6 p.m., Saturday, June U, at Dewey Beach Life Saving Station on Dagsworthy Avenue. / WIIM Jl~rll~hol~. th J~om - 1 - ~SPIRRY ' " Mde Sdectlon 0l Slms, Appara & AccessoCm Extended Sizes and Widths SHOE DRIVE Goulg Just bring your donation in thru June 21st. Donate gently used shoes & receive a coupon for YOUR NEXT PURCHASE" *Sole merchondise is included. UGG, Bdghton & Pandora ore-excluded. Limited olher exclusions may apply. Coupon valid at aB Vernon Powell locations, and New Balance Rehobolh. Seiko &Citizen Watches Jr Turn your gold into cash. We still pay the highest prices for gold.