Kuhns, Gossett win in Rehoboth

Two commissioner seats in Rehoboth Beach were won by two experienced hands.

Paul Kuhns and Patrick Gossett will serve three-year terms as commissioners, with Gossett retaining his seat and Kuhns reclaiming the seat he lost in 2009.

"There's some work to do. There is too much divide in the community. I think what we need to do as a group is close the divide," Kuhns said.

"I'm very pleased with the situation, that the voters reelected me," Gossett said. "There's a lot of work to be done. We need to listen to the people. That's why we do this job. The attention's there. We need to react."

Kuhns was the top vote-getter with 545 votes, while Gossett was right behind with 521. Bill Sargent, the other incumbent, finished with 465 votes, and attorney Richard Perry finished with 407.

Of the 1,472 registered voters in the city, 1,004 cast ballots this year, or 68 percent of the electorate. Of those who voted, 785 voted by machine and 219 cast absentee ballots.

The absentee balloting was tight, with Kuhns winning the most absentee votes with 117, followed by Gossett with 113, Sargent with 102 and Perry with 93.

Reaction to the vote was a bit more subdued than other years, with no cheering or fist-pumping. The candidates all shook hands afterward and Perry and Sargent offered Kuhns and Gossett congratulations.

Much like the June 27 referendum vote, there was confusion before the election about who was allowed to vote. Again, the confusion was caused by the section of the city charter that says a property owner must have owned their property for six months before being allowed to vote.

Tony Zacchei said he bought property in Rehoboth in April. He said he was told he could not register to vote because of the six-month wait. Zacchei said he was told by others that the six-month wait was unconstitutional and 30 days was sufficient.

On Aug. 4, Zacchei said he contacted the city and was told the six-month waiting period was being waived and he could register. But then on Aug. 6, he said he was contacted by city officials and told he could not register.

Rehoboth property owner Mark Purpura said while he was allowed to vote, there were issues with whether they were going to count his partner's absentee ballot due to the residency requirement.

While his partner was allowed to cast a ballot, Purpura said, "The way they handled this election was horrible.  And it never should have happened.  I told them last year there were serious issues with the city charter in terms of constitutionality and due process concerns and offered to discuss it with them, and they ignored me."

In a memo to the candidates prior to the election, City Solicitor Glenn Mandalas said the six-month requirement would be observed and that the city had no authority to override the charter, which is approved by the General Assembly. He said any information that the requirement was being waived is inaccurate.

“The administrative officials of the city have no discretion to deviate from the charter approved by the General Assembly. Consequently, they are following it without deviation. To the extent a charter amendment is appropriate, the commissioners will take that up when the General Assembly is back in session,” Mandalas said.

At the June 27 referendum on whether to authorize city officials to spend $52.5 million on an ocean outfall and $18 million on a new City Hall, there were issues with both the six-month wait and with some property owners allowed to vote on behalf of their trust or corporation and as a registered voter. The outfall vote was close, passing 637-601. To that end, Rehoboth resident Jackie Nichols, represented by Wilmington attorney David Finger, has filed a lawsuit in U.S. District Court seeking to have the six-month requirement declared unconstitutional and a new referendum vote be held.

For Gossett and Kuhns, their subdued reaction could be a function of both knowing the ups and downs of election day. Gossett lost his seat to Stan Mills in 2007, before stepping away from the Rehoboth political scene for a year. He re-emerged on the planning commission in 2009 before being tapped to fill Kathy McGuiness' seat in 2012. Gossett has now twice been successfully re-elected.

Kuhns will reclaim the seat he lost to Sargent in 2009; he had lost a race for mayor to Sam Cooper in 2008 prior to losing his commissioner seat. He stayed in public service, serving as the president of the Rehoboth Beach Historical Society and this year, as the chairman of the board of the Rehoboth Beach-Dewey Beach Chamber of Commerce.

"It's not like either one of us is coming in brand new," Kuhns said. "I think this gives us a good foundation to work with."

One thing the winners agree on is the need for a vacation rental ordinance, which the commissioners reopened discussion on Aug. 10 after tabling the matter in December.

Gossett said it is important to establish rules for vacation rentals.

"We have to give people guidelines and a sense of responsibility in the new world of Airbnb and all those options to rent today," Gossett said.

"This is something that needs to be addressed. It's time. I think a rental ordinance is due," Kuhns said.

He said the commissioners need to reach out to the owners and the rental agents to help provide input for the ordinance and bring people together. Kuhns said the biggest thing was to make the ordinance enforceable.

The winning candidates will be sworn in at the commissioners' Friday, Sept. 18 regular meeting.