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October 9, 1998     Cape Gazette
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October 9, 1998

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tters Responsible actions'will protect environment The following letter was sent to the Dewey Beach commissioners with a copy submitted to the Cape Gazette for publication. After the 1997 Superior Court heating, I was tasked by the town commissioners' unanimous vote at the town council meeting to form a committee for developing and maintaining the Silver Lake path. Town Resolution 66, dated Sept. 12, 1998, was initiated and approved by our mayor and town manager to support this effort. I did not consider this committee as working independently from the town ( as a private group). All in- formation, letters, applications for grant monies, etc. were discussed with our mayor and a copy filed with the town. I was surprised and angered when our committee was labeled a "private group" at the Aug. 14 council meeting. Perhaps this was for legal convenience at this time of litigation. We have, however, given many hours of dedication to our town as evi- denced by the paperwork in the town's overflowing Silver Lake file since 1997. Our most recent effort was the completion of a grant assistance application for state funding through the Delaware Land and Water Conser- vation Trust Fund - Greenway and Trail Grant Program. The commit- tee completed a 15-page report, coordinating with the town and the state, and requested $12,000 to be applied to clearing and planting new natural aquatic and land habi- tat plants, a delineated path, a safe entrance and beautification of the southern shores of Silver Lake. Due to the pending litigation, the town will have to wait until next year's funding. Rehoboth has ac- complished this around Lake Ger- at, their community parks, the public bandstand, town square, the boardwalk, and the Main Street beautification and safety pro- grams. Lewes has its historical museums, and the Heritage Trail projects, and a well recognized Greenspace and Trail Committee. Our main initiative is to create a safe passage to walk around all shores of Silver Lake accessing both Dewey Beach and Rehoboth Beach for our residents and visi- tors now and for future genera- tions. We would like to give the town of Dewey Beach environ- mental stewardship in creating this passage of a 187-foot conservation easement on the southern shore of Silver Lake, which designates our town border with the north side. If I may quote Lt. Gov. Ruth Ann Minner: "I would not want to spoil what I consider one of Delaware's jewels, but I would not want to keep others from enjoying it." This was in reference to the Cape Henlopen path. Silver Lake is a "Delaware jewel".and the Town of Dewey Beach has a responsibility on the southern shore to maintain its beauty. Another quote from Judge Cland L. Tease, re" Petition to Va- cate Dickinson Street, 1980 (Rusty Rudder Restaurant): "Pub- lic interest in development and maintenance of easy, open unre- stricted access to the beauties of our natural resources cannot be questioned, and as we permit such access to be whittled away in small pieces, we condone irrepara- ble damage not only to the right of the residents and visitors living now, but to the right of those who may look back on you (as decision makers) helplessly in the future." The petitioners" (four residents adjoining Silver Lake on the southern shore) plan to prove that Lake Drive, shown on the 1876 Rehoboth Plot Map, is under wa- ter. A few statements follow, tak- en from the 1992 Chancery Court opinion of vice chancellor Jacobs, re: Civil Action N.o. 1486-S, Oct. 29, 1992: P. 13, 14 and 15. "Issue of loca- tion is purely functional...this court must conclude is a matter of law that Lake Drive is located along the present shoreline of Sil- ver Lake ..... the present location of Lake Drive is legally fixed by the relevant deeds that refer to Lake Drive as a right-of-way or road that exists alongside Silver Lake. Those deeds mandate that wherev- er Silver Lake presently may be 'located, Lake Drive must always lie on the solid ground that encir- cles Silver Lake." Surveys accept- ed by the judge were done by Mr. William Mann, covering the southern side of Silver Lake, who used the same method as Mr. Thomas Pepper in 1956. His sur- veys were incorporated into sever- al deeds and shows Lake Drive as a boundary of 50-foot width, ex- tending from the shore of Silver Lake. (footnote). From Superior Court order, March 26, 1997, Judge T. Henley Graves stated, in denying the peti- tion to vacate the 187-foot of Lake Drive on the southern shore: "Lake Drive encircles Silver Lake. That is what it was meant to do. To remove 187 feet would hinder the public's right to use the road as originally envisioned. This 187- feet portion is one small part of Lake Drive and is only a portion of the road included in the 19el2 Scurman decision. Its closing would have a significant impact on vice chancellor Jacob's deter- mination that Lake Drive should encircle Silver Lake. The public should enjoy using this road." Initially, it was asked, "Why should the torah get involved?" It's a street, not our business, and it's a private issue." (referring to DelDOT). Why then, did the town take a position on Dickinson Street (Rusty Rudder), Salisbury Street (Cajun Cove), and Collins Street (Rehoboth Marina). These are all open to public use today, thanks to citizens and to the town getting involved. In summary, the town has the responsibility to send legal repre- sentation to protect the public us- age of the Silver Lake right-of- way as was granted by the 1992 Judge Jacobs ord and the 1997 Superior Court order. The resi- dents and visitors of Dewey Beach need legal representation at the upcoming Chancery Court hearing to give a positive position in re- gard to the following:- . That Lake Drive encircles Sil- ver Lake regardless of the move- ment of the shoreline as was im- plied in the Chancery Court, Supe- rior Court and Supreme Court CAPE GAZETI'E, Fri'day, October 9., October 15i t ,8 - 7 Goldenrod, wild sunflowers, high tide bush brightening late fall coastscape Seaside goldenrod took over this week as king and queen of .... ':'*   i " fall' s coastal blooming plants, festooned ersThe God addslender bless bright with color tiny plants yellow to thethickly dunes flow- iii: i:i ii hearings, and the saltmarsh edges.  ............ .. That the town only ask for a Gesundheit! conservation easement with a five- They also fill the air with pep- foot public path." pery pollen that makes many of us That this court decision will sneeze and rub itching and water- set a precedent for all landowners ing eyes. Seaside goldenrod blooms, in B AREF00T1N' with property adjacent to Lake Drive on all shores of Silver Lake many places, alongside baccharis Dennis Forney halimifolia. Commonly known as to petition for no public access. That Chief [Police Chief Ray] high tide bush because it likes to be near where the high tide comes The most brilliant of the late fall Morrison can testify to public use, and can tolerate a certain amount bloomers are the spindly wild sun- crime, trash as stated by petition- of salt water, flowers that also enjoy the coastal ers in the Memorandum Opinion, baccharis also edges. Ranging up to four feet Chancery Court, 1998. blooms in the tall, these flowers like richer soil That responsible action by the fall. The thick and the protection of thicker citizens and Town of Dewey and tiny fluffs stands of taller shrubs. They fly Beach, with the assistance of state of white that about in the wind like yellow flags grants, will protect the environ- characterize atop tall and thin springs - maybe ment, e natural beauty and the the baccharis a final caution to local birds and interest of the adjoining property bloom add a animals not paying attention to the owners, the petitioners, unique though less-accommodating weather fore- Martha J. Tillman, Chairman muted color High tide bush told by shortening days, or agents Friends of Silver that distin- for the sun overhead, waving guisbes the late coastal landscape, goodbye as the hours of darkness Lake Committee The evergreen leaves of baccha- begin outweighing the hours of ris and shrubby nature of the plant light, for six months, until the vet- Shame on our leaders! give it an appearance similar to nil equinox arrives again next The sex and lying scandal sur- beach plum bushes, Whose purple March. rounding the holder of the highest fruits are now With the baccharis and seaside office in America has become shriveled and goldenrod and wild sunflowers generally understood as fact. Sup- dried and. come flocks porters of President Clinton have blowing : of cormorants successfully distracted Americans around the flying along from the real issue by raising the sand, and bay- the coast, question of whether or not his "in- berry bushes, looking like discretions" warrant his removal whose knobby geese but from office, little grayish silent and Shame on our nation's true lead- blue fruits flapping their ers for allowing any discussion of will soon pro- Bayberries wings a little this to take place. Ordinary citi- vide food for more quickly, zens could almost be expected to migrating flocks of swallows and flocks of Goldenrod be lulled intolethargy by the end- moving southward along the black seed- less barrage of media and enter- coast, ucks, a hundred or more, hustling tainment personalities telling, us Seaside goldenrod, holding up along the waterfront so low that that having immoral sex in the well in the mild autumn we've had their wingtips touch the tops of White House and lying about it by so far, won't last long once the waves. the President of the United States cold rains of October begin to fall. Our season of transition is upon really isn't that bad. The sap holding the plants erect us. Flowers and flocks. I commend Mr. Perot for his will retreat rapidly when cold and sincere indictment of President wet conspire. Their sinus-stuffing SPEAKING OF FOX, Kenny Clinton as a "man with a mental pollen blown far and wide, the Hopkins, who manages Holly problem" and "a poor example for fading goldenrod plants will buck- Lake Campground, said there are our children". But where are the le and crumble leaving few other more red foxes around now than American leaders without a politi- plants to add" color to the land- he's seen in a long time. "I think cal agenda - statespersons like scape. Continued on page 8 Colin Powell, Norman Schwart- skoff, and Elizabeth Dole, to name just a few? Their absence from the dialogue shaping the future of our country is not only shameful but disheartening. I feel sorry for President Clinton and his family, but I am broken- hearted for the young people of America. As it stands, their bright- est example of executive leader- ship is an admitted liar and sexual deviate. Bob Benson Lewes Vote for Vance Ps in November Wi the advent of the fall sea- Continued on page 8 Dennis Fomey photos Wild sunflowers add to the late fall coastal lmldseape.