CLNCC "What's Next For New Castle County?" With Marcus Henry! ZOOM Meeting 7PM WEDNESDAY, October 16th

Civic League for New Castle County Meeting

NOTE: Special Wednesday Meeting Date

 

Time:  Wednesday 7:30 PM 16th October 

Topics: What's Next For New Castle County ?

Guests:  NCC Executive Candidate Marcus Henry 

Location: Zoom

CLNCC ZOOM Meeting: Inconsistent UDC Implementation Discussion Set For 7PM Tuesday, January 16th

Civic League for New Castle County Meeting 

Time:  Tuesday 7:00 PM January 16th  2024

Topic:  Inconsistent Unsystematic UDC Implementation .What Is the Path Forward ?

Location: Zoom ::  https://bit.ly/3KIt3Uf

NCC Council Meeting Information

NEW CASTLE COUNTY COUNCIL LAND USE COMMITTEE MEETING   January 16, 2024 3:00 PM VIRTUAL ZOOM WEBINAR MEETING** & LOUIS L. REDDING CITY/COUNTY BUILDING 1ST FLOOR COUNCIL CHAMBERS 800 N. FRENCH STREET, WILMINGTON, DE 19801 https://zoom.us/j/377322142

CLNCC Contact Info 

President Charles C Stirk Jr  
civicleagueforncc@gmail.com (302) 463-2239

Vice President Bill Dunn 
bill_done@msn.com (302) 994-9334    

Vice President Nancy Willing  
nancyvwilling@yahoo.com (302) 294-1939

Treasurer Scot Sauer 
treasurer@civicleagueforncc.org (302) 996-9075

Secretary Barry Shotwell 
cnb.shotwell@yahoo.com

Civic League for New Castle County   Membership Dues Only $25 * Pay Via Pay Pal :: civicleagueforncc@gmail.com  * Make checks payable to CLNCC & send to  CLNCC PO Box 5562 Marshallton DE 19808

CLNCC ZOOM Meeting - With Marcus Henry, 2024 Candidate for New Castle County Executive - 7PM Tuesday, April 18th

CLNCC Monthly Meeting

7 p.m. Tuesday, April 18th 

Civic League for New Castle County Zoom Meeting
Time: Tuesday April 18th 7:00 PM EST

Guest: Marcus Henry, 2024 Candidate for New Castle County Executive. 

Topic: Candidacy and Vision for NCC

The Civic League will be extending invitations to all announced candidates for offfice in the coming 2024 election. Join us Tuesday night to talk with Marcus Henry. 

 

NCC Comp Plan Public DRAFT REVIEW Forums: In-Person 4-7PM December 9th; VIRTUAL 6PM December 15th; Comments Due January 12th

What is New Castle County planning for future growh? Don't let the process go on without your input. 

December Comp Plan Draft review meetings links below.

The draft New Castle County Comprehensive Plan (NCC@2050) is available for review and comment. The plan can be downloaded here 

Here is how the public can participate in continuing to shape the final plan:

• December 9^th or 15^th for Public Forum 3: we will be discussing the draft NCC@2050 Comprehensive Plan: Please click on your preferred date and register: 4-7pm December 9th (in-person) and 6-7:30pm December 15^th (virtual).
• Review the draft and submit your comments by January 12: follow this link to the draft NCC@2050 Comprehensive Plan on the web where you can view/download any of the plan chapters and comment by email. (If you or someone you know is not able to access through the web, please contact us and we can get you a printed copy. Email NCC2050@newcastlede.gov or call 302-395-5400.
• Share with others! The plan website has a full range of project highlights and details: NCC2050.NewCastleDE.gov

 

About the draft NCC@2050 Plan

This is what readers will see in the draft plan:

• an introductory overview of the process;
• plan priorities, including a detailed listing of strategies for action;
• the draft future land use map and other associated maps;
• background on the conditions of New Castle County and analysis that informed this planning effort; and
• summaries of the extensive public engagement efforts.
• Some components of the draft are more specific and fully developed than others, especially the case in Chapter B (Plan Priorities and Signature Strategies) and Chapter C (Future Land Use and Implementation). Additional details will be added over the coming months.
• The draft is the result of 11 public meetings, dozens of community and stakeholder meetings, and thousands of website and web survey interactions.

And from MOT Alliance:  

ACTION NEEDED! If you have just five minutes before December 15th, please use this link to submit feedback on NCC’s proposed $30 million affordable housing fund.  

Write just a few sentences in YOUR OWN words of how you’d like to see such a program operate as building occurs in MOT.  

Remember: MOT Alliance represents RESPONSIBLE growth and development, and some of that growth will be affordable housing. Let’s define for our government officials what RESPONSIBLITY they have to make sure that growth promotes quality of life for ALL MOT RESIDENTS. Policies should not incentivize developers unless NCC ensures infrastructure is in place (services like public transit, job accessibility, health and emergency services, etc). Do not copy/paste this text in your submission but use it to influence your own words. Messages that convey racism, classism, and other stereotypes are not tolerated and do not reflect our mission.

 

NCC Comprehensive Plan VIRTUAL Public Session On Environmental And Social Justice Set For 6PM Wednesday, May 5th (RSVP)

 

NCC Comprenesive Plan Update Public Session

 6 - 8 p.m. Wednesday, May 5th

VIRTUAL Program

REGISTER HERE

Throughout 2020, we received important feedback from you about the future of New Castle County - which then helped us understand generally where and what our collective priorities may be. This time we are diving deeper! We will host a series of five digital workshops designed to further examine topics comprising the NCC@2050 Comprehensive Plan.

During these workshops, subject matter experts and attendees will be asked to brainstorm and provide detailed input on draft goals, objectives, alternative future development possibilities, and strategies.

Deep Dive Session #5 (May 5, 2021) will focus on:

• Environmental Justice and Social Justice + Bringing It All Together

*For the best experience, attendees are encouraged to download the Zoom app and participate via smartphone, laptop, or desktop computer.

Visit NCC2050.NewCastleDE.gov to learn more about the NCC@2050 Comprehensive plan.

Read summaries and watch the NCC Comprehensive Plan Update 2022 Webinar meetings:

https://ncc2050-nccde.hub.arcgis.com/pages/our-current-work

New Castle County Executive Meyer Facebook LIVE Budget Town Halls Start 6PM Wednesday, March 31st

New Castle County Executive Matt Meyer announces slate of virtual interactive community conversations 

Following his annual New Castle County budget address, County Executive Matt Meyer announced a slate of interactive virtual town halls that will take place over the next month to discuss the years upcoming budget and to connect with constituents first-hand on a wide range of issues that impact County residents.

The County Executive will host four community conversations:

Wednesday, March 31 at 6 p.m.

Monday, April 5 at 6 p.m.

Thursday, April 15 at 6 p.m.

Monday, April 19 at 12 p.m.

“One of the most rewarding aspects of being County Executive is hearing directly from my bosses, the residents of New Castle County,” said County Executive Meyer. “I am eager to engage in robust conversation with our friends from the county, hearing what’s on residents’ minds, and discussing how County government is working to build back better on their behalf.”

All of the community conversations will be broadcast live on New Castle County’s Facebook page (facebook.com/nccde) and be replayed on NCCTV.  

Meyer Administration Starts 2022 Comprehensive Plan Update Process

Launch of county-wide comprehensive planning process: NCC@2050

[On June 25,  2020], New Castle County begins an important two-year process of developing a new countywide comprehensive plan which will guide growth and development for generations. The plan, entitled, “NCC@2050,” will be a community-driven process that will allow us to strategically shape how we grow and develop as a county. The plan will help guide development and services; shape the communities where we live, work, and play; celebrate our environmental, historical, and cultural assets; and support a robust economy.

“As the years progress, our current lifestyles will undoubtedly change,” County Executive Meyer said. “Transportation methods will evolve, environmental challenges will occur, and the job opportunities of today may change. What NCC@2050 brings is a prime opportunity for our community to be prepared and trained for those careers of the future. That is why I am calling for broad public input from every neighborhood, every industry, and every person to help build a vibrant, resilient, and inclusive future that reflects our community values and aspirations.”

The Department of Land Use will manage the comprehensive planning process and has developed a central website, NCC2050.newcastlede.gov, where residents will be able to participate in community surveys, explore interactive mapping tools, sign up for email updates, learn more about the county’s planning process, and submit photos of their favorite places.   

As part of NCC@2050, a series of virtual public meetings will be held over the next several months to begin a candid conversation with the community. Topics of discussion will include environmental justice, economic development, transportation, housing, as well as other topics that are identified through the online survey.

“Changes, recently witnessed, with technology advances, and better capabilities to engage, collaborate and address issues of the past and the future will provide new and fresh approach to planning for our future communities,” Land Use General Manager Rich Hall said. “Now is the time for all residents to engage in meaningful discussions about how to move New Castle County forward.”

Several other educational components of NCC@2050 include a Youth Planning Board and Planning 101.  The Youth Planning Board is a 10-month program designed to expose young adults, aged 14-22, to civic engagement, planning, and other skills while helping to develop the comprehensive plan.  The deadline to apply for this program is July 3, 2020. Those age 18 and under must have parental consent to apply and participate.  Planning 101 is a series of free online courses developed in partnership with the University of Delaware that discusses why planning matters and helps to explain the planning process. After completing the online courses, participants will receive a Citizen Planner Certificate. 

To learn more about the County’s comprehensive plan, including how you can get involved, please visit NCC2050.newcastlede.gov.

NCC: Historic Preservation Virtual Public Meeting - 5PM Monday, June, 8th (RSVP)

NCC Historic Preservation Virtual Public Meeting

The New Castle County Department of Land Use invites you to a virtual public meeting to discuss multiple approaches to historic preservation, including legislation and community-based efforts.

The first part of the meeting will feature Mr. Nicholas Redding, Executive Director of Preservation Maryland, who is a recognized leader in historic preservation approaches. Next, Land Use staff will present an overview of information regarding legislation and the process moving forward. At the conclusion of the presentations, there will be a facilitated question and answer session. 

To register, click here. After clicking on the link, scroll to the bottom left for sign-in information

Also read excerpts from this WDDE article from Larry Nagengast -

Historic preservation battle heats up in New Castle County

Participants in the county’s Historic Preservation Working Group, set up last year under the leadership of County Councilwoman Dee Durham (D-Brandywine West) are drafting ordinances that cover a range of issues – everything from strengthening rules to prevent “demolition by neglect” to recognizing owners who have taken steps to preserve and maintain their historic properties. The first of these proposals, drafted by Councilman David Carter (D-Townsend) following a hearing of the county’s Historic Review Board on the Houston House issue last June, is about a month away from reaching county council for a vote, Durham says. Carter’s proposal would establish new standards for the preservation of historic structures or sites that are located within the area included in a land development or subdivision plan. Other measures – some already introduced and others still in draft form – should receive the full council’s attention later this year, Durham says. “We can never let this happen again,” says Kevin Caneco, a working group participant who has been fighting to preserve the Houston House, located in the Village of Bayberry North, just north of Middletown. “We have to strengthen the code. We’re not going to agree on everything, but we have to do the best we can.” 

........Durham distributed a collection of proposed ordinances, mostly in draft form, for members to review. Some of the drafts prepared by individual council members, primarily Durham and Carter, address their top priorities. While the Land Use Department, which would be responsible for implementing any measures passed by county council, recognizes the importance of historic preservation, it is questioning the need for some of the proposals. In a May 1 email to working group members, Land Use General Manager Richard Hall wrote: “New legislation is needed to some degree to advance historic preservation priorities in the county. However, it seems this recent approach is over-relying on local legislative actions, some of which we think have marginal benefits, or less.” Hall would rather see fewer ordinances and more attention paid to other strategies, including “public-private partnerships, financial resources, community involvement, incentives for preservation, and, yes, strong policies.” While Hall says his department recognizes the importance of historic preservation, the tone of his message suggests that the working group might be trying to do too much too soon. But Durham says that “Land Use has had 20 years to protect historic resources, but I haven’t seen it happen…. Now we’re playing catch up, trying to make up for lost time.” 

Carter sums up the differences between Land Use and the preservation-minded council members this way: “We want mandatory, they want voluntary.” In Carter’s view, “We [the county council] legislate. We write the law. They implement it. It’s not their job to write the law.” Even so, the most comprehensive of the drafts being circulated is a document prepared by the Land Use Department  titled Historic Resources Enhanced Fact Sheet. Durham describes as “an omnibus historic preservation bill” and notes that it proposes multiple changes to the county’s building code and the Unified Development Code, the law that governs land development issues in the county. Durham notes, however, that many of the suggestions in the fact sheet are not as extensive as the recommendations in the ordinances that she and Carter have drafted. “Land Use did write one comprehensive bill,” she says, “but why did that happen? It was because of the working group’s focus on this issue.”.........In one way or another, most of the proposals in the county’s legislative pipeline address aspects of “demolition by neglect,” the practice of developers who acquire properties that include aging structures of historic significance and, rather than preserve them, let them deteriorate to the point where they claim the only reasonable option is to tear them down. The Houston House matter in Bayberry North is not the first occasion in which a developer has sought demolition of a historic structure as part of a plan to build houses, offices or shops on the site.

Click through HERE for more background on the NCC working group for Historic Preservation

New Castle County Historic Preservation Working Group

NCC Budget Address 5:30PM, Council Meeting 6:30PM Online Tonight; County Operations Update Under COVID-19 Emergency Orders

County Executive Meyer delivers budget address via Facebook Live, proposes over $2m in emergency COVID-19 response funding, policies

Tonight at 5:30 p.m., County Executive Matt Meyer will deliver his Fiscal Year 2020 budget to New Castle County Council via a council-hosted Zoom meeting, as well as through New Castle County’s @Facebook page at www.facebook.com/nccde. 

Please join us this evening on Facebook.com/nccde to watch live.

County Executive will unveil an additional $2 million COVID-19 emergency investment package including: 

• A $1 million emergency COVID-19 recovery supply purchase to buy personal protection equipment, test kits, technology and additional medical supplies to keep first responders, all county employees and county residents safe, healthy and, where possible, able to work.  

• A $500,000 investment in Delaware State Housing Authority’s Emergency COVID-19 Recovery Rental Assistance program.  

• A $500,000 investment for emergency COVID-19 recovery rapid response for those in the greatest need. This investment will supplement the existing efforts of United Way, Delaware Community Foundation, Longwood Foundation and Delaware Alliance for Nonprofit Advancement. Rapid response moneys are distributed weekly to organizations to provide goods and services to those with the greatest needs across Delaware. Our funding will provide additional support for New Castle County goods and services.  

• Emergency COVID-19 Recovery County Financial Relief. Relief on certain tax collections, penalties, fees as announced earlier this week.   

LOCATION: www.facebook.com/nccde or https://zoom.us/j/377322142

And NCC Council meets online with two meetings today. View their meetings' agenda HERE. Regular meeting agenda tonight HERE.

Will NCCC Approving Over $100K For This Service Tonight When Newark's Costs Almost Nothing?

Reposted from the Delaware Way blog - Newark Pays Almost Nothing For Live Broadcasting And Archiving Meetings. Why Is NCCC Approving Over $100K For This Service Tonight?

                

As New Castle County Council is definitely going forward tonight with a veto override to reinstate their aide's pay raises (see chart below), I have asked that they at least try to keep Council expenditures under control by rejecting the three contracts on agenda today for  live-broadcasting and archiving their meetings and revisiting how to implement their goal.

Check it out HERE for yourself: R20-056; R20-057; and R20-058.

The City of Newark tells me they paid NOTHING for their live-broadcast and archive set up as they had sought and received a $30K plus grant of which over $20K remains (details in my email to council posted below.)

There is simply no justification for our county council to move forward with contracts for over $100K for this service. At that price, I have dubbed this their vanity project.

Here is the email I sent to Council today, delivered under my Civic League for New Castle County President hat.

From Nancy Willing

To:Dave Carter,Nancy Willing,The Civic League for New Castle County
Cc:George Smiley,Dee Durham,Jea Street,David Tackett,Kenneth Woods,Penrose Hollins,Karen Hartley-Nagle,Timothy Sheldon,Janet Kilpatrick,John Cartier,James Bell,Elisa Diller,Nellie Hill,jgravell@newark.de.gov,B. Shotwell

Hi Dave,  

I have been very concerned about the cost to New Castle County residents RE: your plans for implementing Live Broadcast and Archive of council meetings. I had asked you several times if you had looked at how other municipalities and counties were conducting their broadcast and archiving of meetings. I specifically referenced Newark which I knew to be an installed camera which staff turned on and off and a contracted video service platform to live broadcast which was then archived. 

At the February CLNCC meeting you insisted that you had checked and that your numbers were in line with what was being done elsewhere for this service. That conversation is on our audio recording if you wished to refresh your memory, CLNCC Secretary Barry Shotwell can make a CD available to you. 

I obtained some information yesterday from the City of Newark's Communication Dept. via Jamie Gravell. She said Newark wrote a grant and in 2018 or so, was awarded around $31,500 thousand for live-broadcasting set up, training and related expenses. A camera was purchased and installed in the back of the room but later was determined to be too far from members and relocated. The background murals were also relocated to the back of the chamber to provide improved visibility. City residents are very happy with this arrangement.
From these grant funds, Newark had paid for the equipment, training, and installation. Gravell didn't think their platform was expensive (I guessed it to be a few hundred dollars a year) as they conduct the broadcasting through Vimeo. Newark still has well over $20 in reserve from their original grant and will apply it down the road for replacement cameras, etc.. 

Still using the grant, the city recently re-installed the camera in a side angle and added a complimentary camera on the other side of the chamber and out-fitted a second floor room with editing equipment for future use of the material in PDAs etc.. 

I sincerely wish that you would have discovered exactly how much of county tax dollars you could have saved if you had investigated the City of Newark expenditures as recommended. 

I remain shocked at the dollar figures I am seeing in the contracts before council this evening as it amounts to well over $100 thousand dollars in the first year. I would hope council would reject the three contracts on the agenda for today's Finance Committee and Council meeting as this massive outlay cannot be justified. 

Council is poised to override a veto of council pay tonight at what appears to be an extraordinary expense. 

Does Council really want to pile on with an extraordinarily expensive outlay for broadcasting and archiving? 

I hope some tax payer consideration is kept in mind tonight and a different avenue for implementing this service is pursued. 

Nancy
Nancy Willing, President, CLNCC  302-294-1939 

I have copied Ms. Gravell here and Mr. Shotwell in case someone would like to speak directly with them regarding the subjects at hand.

Additional news items:

• Updated: NCC Council Posts March 3rd For March 10, 2020 Meeting Agenda Without Providing Links To Their Costly Live Broadcasting Contracts
• Veto showdown | Kilpatrick believes pay raises for New Castle County Council employees could withstand legal challenge 
• Classified vs Unclassified Employees: Definition 
• Despite Meyer's veto, New Castle County legislative aides expected to see big raises 
• Expert does not see separation of power issue in New Castle County Council staff pay conflict 
• 'A bad use of the public trust': Meyer vetoes proposed pay hike for New Castle County Council staffers; council poised to override him 
• County Executive Matt Meyer Vetos NCCo Council Staff Pay Raises

CLNCC Meeting With Speaker: NCC Council 12th District Candidate Kevin Caneco, 7PM February 18th In Christiana

February 2020 Meeting Notice

CIVIC LEAGUE FOR NEW CASTLE COUNTY

7:00 – 9:00 pm Tuesday, February 18th

Christiana Presbyterian Church
15 N. Old Baltimore Pike, Christiana, DE 19702

NCC Council District 12 primary candidate Kevin Caneco joins us as guest speaker to discuss the NCC Land Use process and ideas on how to improve it [facebook campaign site: Kevin Caneco around the 12th]. Back in January, Kevin wrote this wake up call about a Bayberry land application bait and switch:

Business as usual needs to change in this county. The long awaited Bayberry Town Center plan of soccer fields and a walkable town center atmosphere has been scrapped for 140 new townhomes, a proposed fast food joint and another strip mall. This is an egregious breach of trust done with no community input. I call on members of the Council to oppose this revised plan. It’s time for this nonsense to stop.

*NOTE: this plan's NCC Planning Board public hearing is March 3rd (see meeting information below)  

Support NCC Ord. 19-120 And A More Transparent Land Use Process for New Castle County Government

(Ken Garver image)

(DelCOG) John Flaherty writes ~ Let me know what you think about the proposed New Castle County Council Ordinance 19-120; 
Email Flaherty at jdf000000@gmail.com and ask to add your name to this support letter !

New Castle County Councilperson David Carter is planning on advocating for a proposed New Castle County Ordinance that deals with government transparency and openness 

Updated: NCC Council Ord. 19-005; Council's REPEAL Of Concurrency Should Alarm Everyone

 (Jakim Mohammed image, Thank You for your activism!)

Update: REPEAL of Concurrency

Ord. 19-005 Voted through 8 - 5. Audios below. 

Of five floor amendments in play, the two that had the blessing of the Meyer were passed but were not made available to the general public so I will have commentary in a future post.

County Council hopes to bring in more economic development

From RJ Miles ~

Ordinance 19-005 - May 28 Council Meeting
Audio Recordings - Please note there is a fulll recording, as well as shorter comments to review final comments from Council members and the vote.
The Vote was:
Kenneth R. Woods YES
Janet Kilpatrick YES
Lisa Diller YES
George Smiley YES
John Cartier YES
Timothy Sheldon YES
David Tackett YES
Bill Bell YES
Karen Hartley-Nagle NO
Jea P. Street NO
David Carter NO
Penrose Hollins NO
Dee Durham NO

Index of /CCOBH/19005 Council May28

• 19005AmendmentsPreVote.mp3
• 19005CarterPreVote.mp3
• 19005CartierPreVote.mp3
• 19005CouncilVote.mp3
• 19005DurhamPreVote.mp3
• 19005HartleyNagelPreVote1.mp3
• 19005HartleyNagelPreVote2.mp3
• 19005HartleyNagelPreVote3.mp3
• 19005HartleyNagelPreVote4.mp3
• 19005HollinsPreVote.mp3
• 19005KilpatrickPreVote1.mp3
• 19005KilpatrickPreVote2.mp3
• 19005SheldonPreVote.mp3
• 19005SmileyPreVote.mp3
• May28CouncilMeetingandVoteFULL.mp3

Reposted from the DE Way blog: 

I have been hearing some encouraging news about a series of floor amendments that will be introduced this evening at the NCC Council regular meeting in Wilmington. 

REMEMBER, this ordinance is not confined to TIDs as most people think of it. Ord. 19-005 fundamentally changes the code for regular development processes too. It repeals our rights to concurrency and protection against traffic congestion and protection against abuse of public tax expenditures.

There was no access to this ordinance by the public until it was introduced this January. It is falsely described as having had years of public input. This is ABSOLUTELY FALSE! There were general discussions but no actual law language was ever shared with the general public. And we were told by a certain county official that we civics were too stupid to understand the ordinance when we were able to actually read it and petitioned against it. It was suggested by the same county official that the Planning Board was also too stupid to understand the ordinance. 

Common sense should tell everyone in Delaware that flaunting the concerns of the NCC residents and of our Planning Board is a no go. The voice of Karen Peterson is not one to be toyed with!

In case you haven't been paying attention, Peterson. as the new Planning Board chair, led the discussion that led to the vote against this ordinance AS DRAFTED. 

The public is not AGAINST TIDs as is being relayed by supporters of this ordinance. Rather, the vulnerabilities baked into this massive alteration to the county code MUST BE ADDRESSED. 

A message from Tom Dewson, our subject matter expert on county transportation issues ~

Dear Neighbors, 

Deeply flawed Transportation Ordinance 19-005 will come before County Council for a final vote on Tuesday, May 28. 860 residents from over 100 neighborhoods have written to oppose the ordinance [plus over a hundred more individuals signed onto the CLNCC petition].  4 independent subject matter experts, including a former head of DelDOT, have shared their serious concerns.  And the Planning Board voted 5-3 against 19-005 as currently drafted.  Yet the County Administration continues to push hard for adoption. 

As written, it's clear this legislation will dismantle the meaningful traffic protections present in the Code today.

-groups of projects in a geographic area could bypass current traffic congestion requirements via inclusion in a Transportation Improvement District (TID).  ANY level of congestion could potentially be approved in a TID, and TIDs could be declared anywhere 

-ANY method could potentially be used to measure congestion in a TID-and individual project applications could bypass current traffic congestion requirements via a new "anything goes" congestion (Level of Service) waiver clause. 

The list goes on. These flaws are too serious to remain unaddressed.  Please come to the County Council meeting at 6:30pm Tuesday May 28 in the City/County Building, 800 French Street.  If passed as is, Transportation Ordinance 19-005 will profoundly impact our county for years to come.
Thanks and best regards,
Tom Dewson

Transportation Ordinance 19-005Changes Needed                                                                    
Below are the changes needed to the ordinance to address the concerns expressed by the community, independent subject matter experts and the Planning Board.  All changes are based away from Substitute 1 to Ordinance 19-005.                           

1.  Division 40.11.000 – Purpose.  Reinstate “Transportation capacity is allocated to proposed land developments on a first come-first serve basis.”  This is a foundational principle underpinning the transportation section of the Code and must remain unchanged.  

2.  Sec 40.11.120 – Need for Traffic Analysis.  Reinstate 500 Average Daily Trips (the current standard) as a trigger for a Traffic Impact Study (TIS).  Please note that the PLUS Review letter confirms the current standard in DelDOT’s Development Coordination Manual is 500 Average Daily Trips.  

3.  Sec 40.11.130 – Traffic Impact Study Requirements.  Redo to properly reflect already allocated traffic capacity.  Add language to include all previously approved but unbuilt projects – in incorporated or unincorporated areas - within a 5 mile radius if expected to contribute 5 or more peak hour trips to the intersections being studied. 

4.  Sec 40.11.210 – Level of Service Standards.  Redo to require that increased road capacity be ready and available concurrent with the start of traffic from new development.  

5.  Sec 40.11.220 – Traffic Mitigation Measures.  Reinstate requirement that traffic mitigation measures be underway before development can proceed.  Also reinstate the requirement that traffic mitigation measures be recorded as a deed restriction (vs the new proposal to just list as notes on a record plan). 

6.  Sec 40.11.230 – Level of Service (LOS) Waivers.  Remove (broad) language currently in the ordinance.  Redo to codify County Council’s thoughtful and careful prior practice of limiting LOS waivers to proposals linked to high pay, high quality jobs (quantify “high pay” as ~$30/hour). 

7.  Sec 40.11.310 – Transportation Improvement Districts (TIDs). 

-Restore uniform, County-wide level of acceptable congestion (generally LOS D in sewered areas/ C or better outside sewered areas).  One LOS standard should continue to apply County-wide, even in a TID, unless modified via a new, separate review and waiver process linked to high pay/high quality jobs, time shifting of traffic and required traffic mitigation measures.  

-Restore traditional/time-tested delay at intersections method to measure congestion (LOS).  Other measurement approaches can provide supplemental info.  

-Specifically articulate the methodology used to calculate developer contributions to road improvements in a TID.  

-Specifically define economic development as high pay/high quality jobs (~$30/hour).  Article 40.01.015C, the prior language, lacks specificity. 

-Remove language stating “this section does not apply to any area zoned exclusively for commercial uses” and replace with “this section does not apply to any area zoned exclusively for any combination of the following districts: Commercial Regional (CR) or Commercial Neighborhood (CN).”  CR and CN, though commercial, permit uses other than commercial.  

-Require that-road improvements in a TID are phased coincident with project buildout-no development work in a TID can proceed without full funding of associated phased roadwork-transportation impacts outside the TID need to be specifically addressed 

8.  Sec 40.11.320 – Complete Community Enterprise Districts (CCEDs).  Require the same changes as outlined above for TIDs.
 

A note from civic leader RJ Miles ~

WHY is there such a rush to get ordinance 19-005 passed?
When we have a majority of NCC Council members expressing concerns regarding some of the details of this new ordinance, concerns shared by the Planning Board and major community groups, why is there no effort to work out those points of concern?
While I appreciate all of the positive goals ordinance 19-005 might accomplish, the ordiance is also repeating many mistakes of the past.
There are many people who want to make ordinance 19-005 a better piece of legislation, yet their call is going unanswered.
WHY?
What is the rush to vote on this ordinance?
May I say, for an ordinance which is explained as being "simply enabling" and that will preserve "oversight by the Planning Board and the community", the process being followed on 19-005 so far, is to the exclusion of Planning Board oversight and community feedback.
How is the community to have faith in any future process in the construction of a TID, when a balanced and responsible process is not being honored during the construction of ordinance 19-005?
The process so far, offers a bad look.
The appearance, is a process which is serving the interests of the development community, to the exclusion of meritorious concerns of long established community groups and the Planning Board.
How can the community have faith future consideration of a TID would be any different?
There needs to be a proper balancing of strategies to promote economic development and the safe guarding of community quality of life in those areas where a TID might be proposed.
The choices outlined in ordinance 19-005, choices which will trade community quality of life protections for a more expedient Land Use decision making process, will only repeat our mistakes of the past. Mistakes which contributed to the bad land use outcomes we observe in some of the most congested areas of the community.
The major contributor to those bad land use outcomes, has been inadequate funding to provide for the infrastructure improvements, to handle traffic demands associated with new development.
Can we honestly reflect on the past, and agree it was the development community which successfully advocated to avoid contributing their fair share to the costs of keeping infrastructure current?
There have been past legislative attempts to provide long term funding, but such efforts were lobbied against.
Ordinance 19-005 offers a new opportunity to not only implement innovative changes in land use policy to promote economic development, but an opportunity to establish a broad funding mechanism to help pay for needed infrastructure improvements, rather than undermining the concurrency standards which serve to protect community quality of life.
Who is responsible for the new repeat of the mistake of NOT properly funding the required infrastructure improvements associated with new development?
We have a chance to make ordinance 19-005 better legislation, yet there is an effort to avoid taking a pause, to allow amendments to be discussed.
Continuing the rush to pass ordinance 19-005 in its current form is not good public policy.
We can do better.
RJ Miles
President – McDaniel Civic Association
Vice President – CCOBH (Council of Civic Organizations of Brandywine Hundred)

And Lex Wilson's story on the issue is finally in print in the News Journal today ~  Proposal in front of New Castle County Council would impact development, traffic

The Meyer administration says the rules will help bring jobs and revenue to the county. But, at a recent council committee meeting, some members said they wanted more detailed commitments from developers if they seek a TID. "I don’t want to be able to pass a TID and then we get a $10-an-hour job," said Councilman Tim Sheldon. "The wage should be up there and defined in here."  

Others have questioned how the funding mechanism will work. The county doesn't build roads. It may require developers to fund road improvements under the current setup, but otherwise, the state Department of Transportation's long-range plan governs road improvements. Those plans often don't coincide with development projects. Under the TID scheme, developers would pay a fee into an account that would be married with state funds. DelDOT would be party to the contract designing the district, creating greater coordination between development and road improvements, Hall said........There is already one TID in southern New Castle County where cost share between developer and the state is 50/50. That TID did not require relaxation of current traffic standards because it's being built on a relatively clean slate of farm fields.  In northern New Castle County, where the bulk of existing development and failing intersections exist, development is more about filling in holes and re-purposing parcels. 

Councilman Dave Carter questioned whether there can be enough money generated in a TID to fund improvements quickly enough  that the system isn't gummed up for years. He said DelDOT's priorities have historically been subject to the economy and politics, creating more uncertainty. Detractors have raised a scenario where a $10 million fix is necessary, but only $1 million is raised from development interests in the area — so that fix goes unfunded for years while traffic from development grows. "You have such little bit left to be developed, you may never collect enough to make a dent in the problems you are going to create," said Karen Peterson, county Planning Board chair and former state senator.   

Detractors also see this as a way for developers to shift more cost onto state taxpayers for projects they will profit from.........The county's Planning Board, which evaluates land use proposals and new regulations, did not recommend approval of the legislation. "I get the objective but I don’t get the mechanics," said Peterson, the board chair.

If you care to listen to Karen Peterson and other members of the Planning Board express concerns, listen HERE.

To listen to the May 21st NCC Council Land Use Committee discussion last week, Click on  the audio link HERE. 

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