John Flaherty Sends Along Good News From The State House - Unanimous Passage Of The FOIA Bill!

BENNETT FOIA BILL UNANIMOUSLY PASSES HOUSE
HB 5 sets deadline for governments to respond to requests
DOVER – Legislation setting a deadline for government entities and other public bodies to respond to a Freedom of Information request unanimously passed the House Tuesday.
Under House Bill 5, sponsored by Rep. E. Bradford “Brad” Bennett, any FOIA request for a public record must be granted within 15 business days from the receipt of the request. However, the public entity can extend that deadline if the request is for “voluminous records, requires legal advice” or if the record is in storage. In those situations, the agency or entity must inform the person making the request within 15 business days of the need for additional time.
Currently, state law does not include any time limit for public bodies to respond to or fulfill FOIA requests.
“A request can sit for months without a response,” said Rep. Bennett, D-Dover South. “Public information should be readily accessible to any citizen, and any person who makes a FOIA request for public records deserves a prompt response. This bill further improves the FOIA legislation passed last session. It makes us a more transparent and open state. By adding these provisions, we will go from being one of the least transparent states to one of the more transparent.”
HB 5 is similar to legislation that passed the House last session, with a couple small changes. Rep. Bennett said he extended the deadline – it was 10 business days in the previous measure – after hearing some concerns raised last session.

Milltown-Limestone Civic Alliance And Civic League For NCC Both Meet This Week

The MLCA monthly meeting is THIS Thursday, January 20th at the Mill Creek Fire Hall, starting at 7pm. Civic Leaders in organizations between Wilmington and Newark are always welcome.
MLCA TOPICS include:
- Council President Election (Tom Kovach will be invited)
- Missing annual land use comprehensive plan reports (Ref: State Law 9 Del. C. 2658(c) and (d)
‏- Proposed changes to Redevelopment Ordinance
- Update on Development projects at Limestone/Milltown Rds, Little Falls Village and Barley Mill Plaza
- Rejection of proposed change to Little Falls entrance by DelDOT
- No update on DNREC HSCA Plan for Little Falls area development
- Newark Area Hospice's changes to their Development Plan
- DelDOT stance on road improvements regarding Greenville Overlook I (original Hercules effort)
- Feedback from this month’s Civic League for New Castle County (CLNCC) on Jan 18th. Read the Newsletter at http://www.civicleagueforncc.org/.

You are also encouraged to attend monthly meetings of the Civic League for New Castle County Next Meeting: January 18th at 7 PM, Delaware State Police Troop 2 Building, 100 La Grange Ave, Newark, DE.
Agenda: Legislative Proposals.
Get info and directions at http://www.civicleagueforncc.org/

Bill Franey, President, Milltown-Limestone Civic Alliance (MLCA)

Planning Ahead For NCC Comprehensive Plan Update Meeting # 1 - Land Use

[Cross-posted - Is NCC Going Into 2012 Planning Without Any Discussion Of Whether, Or How Successfully, The Goals And Objectives Of The 2007 Planning Update Were Met? ]

Jan. 26th 2011 (6:30PM at 77 Reads Way) - NCC Comprehensive Plan Update Meeting ~ Public Meeting #1 Land Use Agenda pdf

1). Welcome / Introductions
2). Overview of the Comprehensive Planning process: Register Email/Twitter and Process Flow Diagram
3). Update on accomplishments from 2007 Comprehensive Plan (the following list of 2007 accomplishments was taken from the Kick-Off Meeting Summary pdf ~)

• Accessory Dwelling Unit code amendment.
• Drafting of the Water Management Code.
• Implementation of the two-step development process.
• Cooperating with DelDOT - prioritizing of transportation projects.
• Affordable Housing code amendment.
• Improved Village/Hamlet provisions.
• Updates to the Building and Property Maintenance Codes.
• SNCC Master Plan process, ongoing.
• MOU for preservation of Red Clay Scenic Byway.

4). Discussion on Land Use: This meeting: Where we've been and where we are. Jan 26 2011 Vision for the future: Review and Refinement of Vision Statement, Goals and Objectives and Vision Mapping activity

5). Facilitated Activities /Public Participation Round 1
- Mapping Activity: Community Assets
- Mapping Activity: Issues and Concerns
6). Facilitated Activities /Public Participation Round 2
- Mapping Activity: Issues and Concerns
- Mapping Activity: Community Assets
7). Visual Preference Survey
8). Closing / Next Step
9). Reminder: Comment Cards and Email Registration

Plus the Summary Kick-Off Meeting pdf - activity outcomes

A. Identification of Community Issues and Concerns:

Population Density
Unincorporated land
Space for new high-paying jobs
Parks near future development areas
Development/Redevelopment regulations
Transportation standards
Attract young people/recent graduates
Preserve agriculture and open space
Mixed use walkable communities
New housing only where infrastructure exists
Avoid "fad" planning
Community interconnectivity
Community character
Promote redevelopment

B. Assess/Prioritize Delaware Community Design Core Values:

1). Land features before land design
2). Land design before yield
3). Cluster before sprawl
4). Scale before statement
5). Pedestrian before vehicle
6). Context before application
7). Sensibility before fad
8). Neighborhood before individual ownership
9). Community inclusion before site exclusion
10). Community character before ordinance
11). Land planning and architectural design before engineering

C. Reactions to 2007 Comprehensive Plan Vision Statements:

List of vision statements is too lengthy
Eliminate redundancy in vision
Add remediation of brownfields as a priority
Is development pattern economically viable?
How much development is too much?
Vision statements are too vague
Need to plan for future population and employment
Should articulate where we want the community to go
Infrastructure vs development
Need for multi-modal mobility for seniors
Consistent "Community character"
Consistency from Land Use Dept.
Need consistent County codes
Desire for form-based codes
We should care how the County looks
Communicate with the cities

According To The Cape Gazette, So Far, CLNCC Working Group Gets Some Press, Some Supporters But No Sponsors For Their Redistricting Bill

Updated Feb. 2011: Good to report that there is currently a lineup of support and interested sponsors of this bill. Stay tuned!
~~~~~
(Cape Gazette) Kara Nuzback reports ~ Activist calls for transparency in redistricting - Senate leader expects change to come slowly

[Frank] Sims said legislators on both sides of the aisle have already pledged support for the resolution, including Rep. Earl Jaques, D-Glasgow, Rep. Deborah Hudson, R-Fairthorne, Sen. Bethany Hall-Long, D-Glasgow and Sen. Gary Simpson, R-Milford, but no one has volunteered to sponsor it. “We’ve got to open the process, or for the next 10 years, people will not be represented,” said Sims, who serves on the civic league’s board of directors.

“People are nervous about this kind of change,” said Senate Majority Leader Patricia Blevins, D-Elsmere. Blevins said in the past two legislative sessions, she has attempted to introduce a bill to establish an independent redistricting commission. The bill was never put on the agenda.“The districts are intended to be for the benefit of the voters, not for the benefit of people in office,” Blevins said. She said it is important future redistricting take place more openly than in the past. Blevins said she knows there will not be time to pass the bill, fund and establish a commission before redistricting this year, but she wants the law on the books for the 2020 census.“It’s a change you don’t shove down people’s throats,” Blevins said.

...Sims said he is concerned Democrats will use redistricting to secure their incumbency by redrawing electoral lines in their favor, a process known as gerrymandering. “It makes our votes null and void,” Sims said. The former chairman of Delaware’s Independent Party filed a lawsuit against the Legislature in Superior Court in 2002, when the General Assembly failed to redraw district lines. Ultimately, electoral lines had to be redrawn, but Sims said, it was done behind closed doors.“Most people don’t have any idea this is going on,” Sims said. “The people need to be involved.”Sims’ resolution emphasizes an open and transparent process for redistricting involving public participation.

See: DE Way ~ Sims Finds Sponsorless Support For 146th General Assembly Redistricting Bill for more from the CLNCC working group and the draft of the bill.

Why Is The County Refusing To Share A REPORT CARD On 2007 Comprehensive Plan Failures And Success?

Update: This meeting has been cancelled due to snow. The next meeting is Jan. 26th.

This is a reminder that the next meeting on the New Castle County Comprehensive Development Plan Update will be:

Wednesday, January 12th - "Land Use"

6:30 p.m. - 8:30 p.m.

New Castle County Government Center - Gillian Building

77 Reads Way, New Castle, DE 19720

The topic is "Land Use", with no detailed description ... or any itemized agenda posted to the website, providing no opportunity for engaged citizens to prepare meaningful information and make positive contributions to the planning efforts. We cannot comment if this is by omission, or deliberate.

To better understand what is to be included in the Comprehensive Plan, please see pages 1 and pages 7-10 of the 9 Del. Code, Chapter 14, Subpart II – The Quality of Life Act.

County refusing to share a REPORT CARD on 2007 Comprehensive Plan Failures and Success

Of critical importance is that neither New Castle County Government nor their consultants (JMT) appear to have developed nor provided the required report on the implementation failures (such as completely ignoring the promised developing a Transfer of Development rights program for balance "smart growth") or success, actual or perceived. This report is required by State Law – Please see details below!

We have a legal right to see a REPORT CARD on the 2007 NCC Comprehensive Plan Failures and Success. THIS REPORT IS REQUIRED BY LAW.

Statutory provisions of the Quality of Life Act of 1988 (9 Del. C. 2658 - Evaluation and appraisal of comprehensive plan - (c) and (d)), are that "(c) . . . The local planning agency shall prepare a report on the comprehensive plan, which shall be sent to the Governor's Advisory Council on Planning Coordination each year after adoption of the comprehensive plan. . ." and "(d) The report shall present an assessment and evaluation of the success or failure of the comprehensive plan or element or portion thereof . . ."

At a special business meeting of the New Castle County Planning Board ... on Monday, January 4, 2011, this legal requirement was specifically raised. The Planning Board requested that the New Castle County Department of Land Use submit their information and report on the "evaluation of the success or failure of the comprehensive plan or elements thereof..."

Dave Culver, the Manager of NCC Department of Landuse claimed that no report existed, and that he would seek a legal determination of whether one was required!!! Please click on the link above to 9 Del. Code, Chapter 14, Subpart II – The Quality of Life Act. The law is clear, despite the argument by Dave Culver that it may not apply to the New Castle County Government. They are mandated to produce an assessment report.

NCC Citizens Deserve Better

Please attend the January 12th meeting, so that you and other members of the public can insist on a detailed assessment and evaluation of the success or failure of elements of the 2007 comp plan. Citizens need to insist that our county government follow the laws of our State.

With this mandated assessment report in hand, we would be able to make informed decision about the NCC Comprehensive Plan that guide us to identify and keep what is good, tweak those things than need improvement, and develop new approaches to those things that we still desire that have failed.

Sincerely, Chuck Mulholland, President

Bill Dunn, Vice President

Dave Carter, Vice President

Civic League for New Castle County

NCC Special Election Debate - Tues. Jan 11, 2011 @ 6 PM Hockessin Memorial Hall

With the Special Election fast approaching for NCC Council President on Jan 13th, there have been no opportunities to get the two major party nominees to face one another in a public forum.

Today, we received confirmation that both Tim Sheldon (D) and Tom Kovach (R) will attend the special election forum co-sponsored by the Greater Hockessin Area Development Assoc. (GHADA) and the Civic League for New Castle County (CLNCC) in conjunction with the Community News.

The forum will take place:

Tuesday evening, January 11th,

Form 6:00 PM to 7:00 PM

The Hockessin Fire Company's Memorial Hall

Lancaster Pike (Rte 40) in downtown Hockessin.

Please get the word out to as many people as you can, as this is the ONLY public, live debate that will occur before the election. There will be a interview of both candidates by the Community News this week which will be published in this week's edition of the Community News. There will also be some talk radio coverage, but nothing where both candidates will appear together in front of a "live" audience.

Adam Taylor, reporter for the News Journal, is planning to attend the debate and should be able to get a story in the News Journal before election day.

Mark Blake
GHADA, President & Land Use Chairman
Greater Hockessin Area Development Association
email: markwblake@aol.com