WILMAPCO Invites the Public to Participate in the Development of Several Land Use and Transportation Plans

WILMAPCO Invites the Public to Participate in the Development of Several Land Use and Transportation Plans for Delaware and Maryland at

Our Town,

Wednesday, November 17, 2010

4 p.m. to 7 p.m.

Newark, DE – The Wilmington Area Planning Council (WILMAPCO),  in partnership with  Delaware Department of Transportation, Maryland Department of Planning, New Castle County Planning, and the Delaware Office of State Planning, invite citizens and organizations from Delaware and Maryland to take part in a groundbreaking event.

Attendees will have the opportunity to share their values and ideas about the future of land use and transportation in Delaware

DelCOG's Elected Officials Reception Is Set For 6PM December 9th In Wilmington

DelCOG - Delaware Coalition for Open Government DelCOG is hosting a reception for Delaware's elected officials. Open to the Public. Come meet the people who are representing you.$3 at the Door. (Proceeds will help offset the cost of the reception.)

Elected Officials Reception
Thursday, December 9, 2010 at 6:00pm
Ed "Porky" Oliver Golf Club, 800 North Dupont Road, Wilmington

(Click on the link above to RSVP)

The Civic League For New Castle County is a co-sponsor of this event.

Delaware Coalition for Open Government (DelCOG) To Meet 12PM Nov. 8th At The Woodlawn Library In Wilmington

You are invited to the next meeting of the Delaware Coalition for Open Government (DelCOG)Board of Directors November 8, 2010, 12:00 p.m., Woodlawn Library, 8th and Bancroft Parkway,Wilmington, DE

Below is a draft agenda for the meeting.

Thanks, John Flaherty, President, Delaware Coalition for Open Government (DelCOG)

302-319-1213

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Agenda

12:00 - 12:05 I. Welcome - John Flaherty

12:05 - 12:10 2) Approval of Meeting Minutes of October 4, 2010

12:10 - 12:15 3) Treasurer’s Report - Bill Pearson

12:15 - 12:45 4) ‘Delawarespends’Presentation - Shaun Fink, Caesar Rodney Inst.According to the Caesar Rodney Institute, a non-partisan and non-profit research and educational institute, DelawareSpends.com gives taxpayers an unbiased look at raw spending data, provided directly by official government sources. It is designed to be a tool to research, analyze, compare and share government spending data.

12:45 - 12:50 5) Elected Officials Reception - John Flaherty

12:50 - 12:55 6) Judicial Fairness Report - Christine Whitehead

12:55 - 1:00 7) "Fusion Video Email" - Nancy Lopez

1:00 - 1:05 8) DelCOG Facebook - Cynthia Smith

1:05 - 1:10 9) Sunshine Week 2011 - Bill Pearson

1:10 - 1:15 10) Strategic Plan, Mission Statement - Katherine Ward

1:15 - 1:20 11) Common Cause lobbyist reform effort - Flaherty

1:20 - 1:25 12) Televising Supreme Court arguments letter sign-on - Pearson

1:25 - 1:30 13) Newark Housing Authority Appointment Process - Amy Rowe

1:30 - 1:35 14) Upcoming FOIA efforts

1:35 -2:00 15) Public comment

UNDER ATTACK: Delaware's Coastal Zone Act

Delaware's ocean and bay fronts and adjacent wetlands were long overlooked by industrial developers. About 40 years ago, the builders of ever-larger marine vessels saw the Delaware Bay as the best deep-water port on the East Coast, attractive for major transportation activities and associated heavy industry.  Recognizing that refineries and steel mills are important, Russ Peterson (Governor, 1969 to 1973) and many allies insisted that the best use of Delaware's  land area would combine environmental preservation, recreation and compatible industrial and commercial  activities within the coastal zone, with heavy industry encouraged outside the coastal zone. 
      
The result was the landmark Coastal Zone Act (CZA) and Coastal Zone Regulation (the Reg) therein authorized, which have kept our CZ from following the Marcus Hook to Philadelphia pattern.  Numerous court suits challenged the CZA, in Delaware Courts and in the Federal Courts, but the CZA has been upheld.  Notably, the US Court of Appeals for the 3rd Circuit found in 1987 that "Section 7003 of the CZA [the absolute prohibitions provision] does not violate the dormant Commerce Clause" of the US Constitution.  Thereby, the appeals court upheld a ruling by a lower Federal court that the US Congress, thru its Coastal Zone Management Act and an approval by the Secretary of Commerce, had consented to the Delaware CZA.
      
The CZA and the Reg allow permitting new manufacturing operations but absolutely prohibit new heavy industry and bulk material transfer operations except as permitted expansions or extensions of activities already ongoing in the CZ on the June 28, 1971 effective date. The CZA and the Reg allow permitting of public sewage treatment plants under the jurisdiction of "political subdivisions" and public recycling plants owned and operated by "political subdivisions."
      
There are two key permit process requirements.  The first: all negative impacts on the CZ must be more than offset by positive impacts on the CZ.  Offsets that start long after the negative impacts, and offsets outside the CZ, are of lesser value.   And the second:  the process has two steps, the Status Decision to decide whether proposed activity is lawful and whether a permit is required, and the Permit Detailing (and  offset evaluation) Procedure.  The Reg requires that public comments be solicited at the Status Decision level. The CZA and the Reg both require a public hearing at the Permitting level.
      
Perturbations that diminish the effectiveness of the permitting process have become conspicuous.  DNREC's hierarchy is no less than an accomplice in these perturbations. Most striking are:

• The ongoing Delaware River Dredging application, circa 2000:  For whatever reason, DNREC did not process this application under the CZA even though within a 24 mile stretch of the river adjacent to New Castle County, the State Line is at the Jersey shore.

• An early 2008 application for a plant in New Castle County to blend sand, polymer fibers, synthetic rubber, wax, and either polyethylene or PVC into a mixture for use as a horse racetrack surfacing material.  This resembles mixing concrete, heavy industry according to the NAICS Guide cited in NC County's UDC.  DNREC acknowledged that the use was heavy industry but granted the permit.

• A late 2008 application for galvanizing items as large as truck trailers by dipping in tanks of molten zinc (melt point 788 degF).  DNREC judged that "The proposed use would not be a 'heavy industry use' because the proposed size and manufacturing characteristics are more like a coating or painting process . . ." and granted the permit.

• A 2010 application for an investor owned sewage treatment plant south of Route 24 in Sussex County to process and infiltrate into the surface aquifer large quantities of sewage from outside the CZ. An appeal followed DNREC's grant of the permit.  See Vic Singer's report to the NC County Planning Board on the processing of the appeal posted on the Civic League for New Castle County's Website.

• A 2010 application for an investor-owned recycling plant south of Route 24 in Sussex County. This proposal is to "Construct and operate a resource recovery facility which would recover unused protein (blood, feathers and offal) and process it into hydrolyzed feather and poultry meal and feed grade fat."  The 10/20/2010 permit hearing evidently reflected a prior Status Decision that the forbidden use is somehow permissible.  

 The obvious legal question:  How can the next applicant for a CZ Permit be denied exactly the same CZA and Reg violation previously allowed for some other permittee?

By Victor Singer  

Christine O'Donnell Is Now Scheduled For The Candidates Forum Tonight At 6:30 In Bear With Other Updates FYI

Update: O'Donnell Now Scheduled For The Candidates Forum Tonight At 6:30 In Bear Hosted By The Civic League For NCC
Update:U.S. Senate: Christine O'Donnell and a representative from the Coons campaign will be in attendance from 6:30 through approximately 6:50 PM.Candidates Forum - Wednesday, October 20, 2010 at 6:30 PM
The Civic League for New Castle County will be hosting a candidate forum on Wednesday, October 20, 2010, beginning at 6:30 PM, to be held in the Paris community room, Delaware State Police Troop #2, 100 LaGrange Ave, Bear.

Candidate(s) for the following offices have confirmed attendance thus far:

State Senate 8th District (Louis Saindon)

State Senate 9th District (Robert Johnson and Karen Peterson)( Peterson cancelled)

State Representative 9th District (John Marino and Rebecca Walker)

State Representative 15th District: (James Van Houten Valarie Longhurst cancelled)

State Representative 22nd District: (David Ellis and Joe Miro)

State Representative 25th District ( Gordon Winegar )

State Representative 27th District (Jay Galloway and Earl Jaques) ( both have another engagement and may not be in attendance)

New Castle County Council – 3rd District (Janet Kilpatrick and Renee Taschner)

New Castle County Sherriff (Bill Hart) and Trinidad NavarroNew Castle County Register of Wills (Ciro Poppiti and Kathy Sherwin)

Stop Gerrymandering of Election Districts - Advocate for an Indpendent Redistricting Commission

There is a good article in the News Journal on the risks and potential problems of impropriety that often occur with redistricting of the districts of elected officials after the census data arrives each decade.

Delaware is still very susceptible to abuse by elected officials, as we do not have an independent redistricting commission in Delaware.

Legislators get to draw their own districts, and have a tendency to put themselves over the voting public.

Civic League for New Castle County Director Frank Simms has been battling this problem for years, and successfully won the 2004 case when we had to force the State to act on redistricting as required by law.  Please read the 2004 Civic League Newsletter for background on the last time redistricting occurred in Delaware, and required legal action to force our elected officials to do the right thing.

There has been a bill in the Delaware State Legislature for years, but it has gone nowhere.  The vast majority of the legislators put themselves over the voters and will not support this bill.

A great quote from Frank Simm's was included in the article that sums up the problem:

"When they can draw the lines to protect their jobs, our votes mean nothing," said Frank Simms, director of the Civic League for New Castle County.

 

WDEL's Coverage Of The NCC Council's Smart Growth Forum Last Night - Get Ready For The Comp Plan Update!

(WDEL) LeAnne Matlach reports ~ Community members expressed their concern over projects by the Stoltz development company at a forum Thursday night.

Audio Here New Castle County is getting ready update the comprehensive plan and Councilman Bob Weiner wants to incorporate Smart Growth into new development.
Audio Here Smart Growth development reduces costs for development, public scenes and public transportation. Erik Aulestia says neighborhoods need to be walk able in smart growth because the average person will only walk about a quarter mile before deciding to drive.
Audio Here Aulestia says residents are often hesitant of new developers because they have had problems with over promised under delivered plans in the past.

(reprinted here in full with permission)

The NCC Council Is Hosting A Forum On The "The 10 Principles Of Smart Growth" At 7PM Thursday In The Gilliam Building, 77 Reads Way, New Castle

This is a reminder that a special meeting of the NCC Council's Economic Development Sub-Committee is scheduled for 7PM on Thursday evening in the Gilliam Building at 77 Reads Way.

The meeting is being touted as a forum to discuss "Smart Growth" with Erik Aulestia of the land planning firm, Torti Gallas. The agenda includes a question and answer session with the speaker as well as an opportunity for general public comment. This will be an excellent chance for the community to solicit the expert's opinion on how far our county government has strayed from Smart Growth by uncoupling mass transit from density and (Workforce Housing and Redevelopment) allowing for high density in rural lands devoid of infrastructure.

This sub-committee has had a very sporadic meeting schedule over the last few years (rather odd in this dire economic climate, don't you think?). Right now, there are no minutes available for this committee posted on the county's web site. I received the minutes for Oct. 2009 and April 2010 by email today. The June 2010 minutes are not available to the public since they have yet to be approved.

The October minutes' items included a BRAC update by Karl Kalbacher, a presentation by Mark Kleinschmidt of the NCC Chamber of Commerce recommending changes to the UDC to foster economic growth and development, Dave Culver's prepared response to these suggestions and Marian Stewart stating her "continued opposition to development and the feeling of being unheard on balance of busines"s/development vs. the public sentiment".

The April minutes noted that zoning maps were distributed by Lisa Diller (probably Federal Stimulus Recovery Zone maps but it is not at all clear). Dave Culver and Karl Kalbacher were on hand to answer questions about the comprehensive plan, zoning and economic development goals. Richard Beck represented the Citizens for Responsible Growth in expressing concern about the manipulation by developers of ordinances passed by council such as mixed use and redevelopment.

Betsy Gardner said that it was a goal for the office to put an archive of all council minutes online. GOOD!

Reminder and Update: Candidates Forum - Wednesday, October 20, 2010 at 6:30 PM

The Civic League for New Castle County will be hosting a candidate forum on Wednesday, October 20, 2010, beginning at 6:30 PM, to be held in the Paris community room, Delaware State Police Troop #2, 100 LaGrange Ave, Bear.

Candidate(s) for the following offices have confirmed attendance thus far:

State Senate 8th District (Saindon)
State Senate 9th District (Johnson and Peterson)

State Representative 9th District (Marino & Walker) - Updated
State Representative 15th District (Longhurst and Van Houten)
State Representative 22nd District (Ellis)
State Representative 23rd District (Stritzinger)
State representative 25th District ( Winegar) - Updated 
State Representative 27th District (Galloway and Jaques)

New Castle County Council – 3rd  District (Kilpatrick and Taschner)
New Castle County Sherriff (Hart)
NCC Register of Wills (Poppiti and Sherwin)

We are still trying to contact the candidates for U.S. Senate, but have had limited success scheduling an appearance to date.

It is our intention to hold each office forum to NO more than a half hour each in which the candidates will be asked a series of questions from both members of the League and the audience.  If a candidate has confirmed, but there opponent has not, we will still provide them a time slot to address the audience.

If you'd like to attend, it’s FREE.  However; we request your help in further planning this event by completing the RSVP/survey and providing us with any questions you may have in advance of the event at the link below:

RSVP to Civic League Candidates Forum

We look forward to your attendance and support of what we hope is a lively interaction with the candidates.

Chuck Mulholland
President,
Civic League for New Castle County

Gerrymandering 2010, Movie to show in Wilmington.

A huge issue for the Civic League for New Castle County this year will be advocating for  independent and fair redistricting.   With the 2010 census, redistricting will be required, and we have a long history of impropriety in the way districts are drawn in Delaware.  Gerrymandering clearly disenfranchises Delaware votes, and needs to be stopped.  We have been involved in legal fights for this in the past (see CLNCC Oct. 2004 newsletter), and should prepare for another potential legal battle if an independent redistricting law is not passed. 

This movie may give some insights and ideas about how bad the problem is across the country as well.  More importantly, it may give us all a better understanding of what is at stake, and why we need to step up our efforts to stop combat it.

 

 

Movie, Gerrymandering 2010

Theater N at Nemours

1007 Orange St.

Wilmington, De.

0ctober 12, 2010

7;30 P.M.

One time showing

81 minutes

$7.00, $5.00 seniors

 

 

A wake-up-call documentary that exposes the hidden history of our country's redistricting wars, mapping battles that take place out of public scrutiny but that shape the electoral landscape of American politics for decades at time, posing a threat not just to democrats and republicans, but democracy as a whole.

 

Documentary filmmaker Jeff Reichert ponders the troubling prospect that elections in America are decided before the first vote is ever cast by examining how the framework of democracy provides politicians with an entirely legal means of controlling electoral outcomes. The Merriam-Webster Dictionary definition of "Gerrymandering" reads: "to divide a territorial unit into election districts to give one political party an electoral majority in a large number of districts while concentrating the voting strength of the opposition in as few districts as possible." As the debate surrounding the reliability of the electoral system rages, the question of how to ensure that the system is more accurate and accountable comes up time and again. Can that broken system ever be fixed? By posing that question, among many others, to governors, state representatives, Supreme Court justices, political strategists, party chairmen, scholars, and journalists, Reichert proposes that the fundamental democratic premise that voters actually choose their elected representative may be a falsehood implemented to create the illusion of democracy.

 

Followed by a question and answer session by the Director and Producer previously filmed.

Workforce Housing Issue Focus of Town Hall Meeting in Bear

     This is an interesting article on a workforce housing Town Hall meeting held in Bear, Delaware. 

     The problems with the workforce housing code and its implementation have been a big issue for the Civic League since its passage. 

     I thank the candidates challenging the incumbents for putting on this meeting and at least laying out their ideas and solutions to the public. I also challenge the incumbents to do the same.

      As an independent, I will attend any candidate's forum and support the candidate with the best solution to the problem. I don't care if you are a Democrat, a Republican, or from the Bull Moose Party. Convince me you can solve the problems and you get my support!!!

     Many of us from the civic community put hundreds of hours into the NCC Comprehensive Plan process, only to be ignored.  Since that time,

Candidates Forum - Wednesday, October 20, 2010 at 6:30 PM

The Civic League for New Castle County will be hosting a candidate forum on Wednesday, October 20, 2010, beginning at 6:30 PM, to be held in the Paris community room, Delaware State Police Troop #2, 100 LaGrange Ave, Bear.

Candidate(s) for the following offices have confirmed attendance thus far:

•    State Senate – 8th and 9th Districts
•    State Representative – 9th, 22nd, 23rd, and 27th Districts
•    New Castle County Council – 3rd  District
•    New Castle County Sherriff

It is our intention to hold each office forum to NO more than a half hour each in which the candidates will be asked a series of questions from both members of the League and the audience. 

If you'd like to attend, it’s FREE.  However; we request your help in further planning this event by completing the RSVP/survey at the link below:

RSVP to Civic League Candidates Forum

You may get updates on the October 20th, 2010 candidate forums by checking back to this Blog.

We look forward to your attendance and support of what we hope is a lively interaction with the candidates.

Chuck Mulholland
President,
Civic League for New Castle County

JCC Candidate Forum Set For 5:45PM On Thursday In Talleyville

JCC Candidate Forum
When: Thursday, September 16, 2010 5:45 PM - 7:45 PM
Where: Bernard and Ruth Siegel Jewish Community Center, 101 Garden of Eden Road, Talleyville

Candidates Forum - September 15th, 2010 at 6:30 PM

Public Notice of an Important Community Event

Candidates Forum
 
Wednesday, September 15th at 6:30 PM


The Civic League for New Castle County will be hosting a candidate forum on Wednesday, September 15th, 2010, beginning at 6:30 PM, to be held in the Paris community room, Delaware State Police Troop #2, 100 LaGrange Ave, Bear.

Candidate(s) for the following offices have confirmed attendance thus far:

• Representative for U.S. Congress
• State Treasurer
• State Senate – 7th and 8th Districts
• State Representative – 18th District
• New Castle County Council - 6th district

This is the first of two events featuring candidate for various offices.  It is our intention to hold each office forum to NO more than a half hour each in which the candidates will be asked a series of questions from both members of the League and the audience. 

If you'd like to attend, it’s FREE.  However; we request your help in further planning this event by completing the RSVP/survey at the link below:

RSVP to Civic League Candidates Forum

You may get updates on both the September 15th, 2010 and the October 20th, 2010 candidate forums by checking back to this Civic League for New Castle County Blog or by entering your e-mail in the RSVP survey.

 We look forward to your attendance and support of what we hope is a lively interaction with the candidates.

Chuck Mulholland
President,
Civic League for New Castle County

Come Out To The CRG Meeting - 5:30PM At A.I. DuPont High School On Sept. 23rd - And Bring A Sign!

DON'T FORGET!
CITIZENS FOR RESPONSIBLE GROWTH GATHERING!

SEPTEMBER 23, 2010 AT 5:30 P.M.
at
A. I. DU PONT HIGH SCHOOL
HILLSIDE ROAD / ROUTE 52
GREENVILLE, DE

Please come and do a big favor for CRG! Bring your own sign!!! Please pick a slogan (or two) and make a sign with large print that you can hold up at the gathering. You can attach it to a wooden stake if you'd like.

We are trying very hard to decrease the size of these massive developments that Stoltz wants to erect and we need all of the help we can get! We hope to have media coverage at this gathering!

Thanking you in advance,

Patty Hobbs

Transportation Funding Public Workshop - August 30, 2010

This is your chance to voice your concerns about transportation issues in our area.  

It is critically important that you voice any concerns you have about current and emerging transportation problems,  as it is highly likely that transportation funding options will be very restricted in the next decade due to the high risk that Delaware is taking with GARVEE bonds to fund the Route 301 bypass.   This is a prime example of our government officials questionably committing to spend tax payer funds we do not have by borrowing against our future.

If you cannot attend this workshop, you can provide comments at their new "Online Feedback Forum" (Click Here).

Transportation Public Workshop

The public is invited to attend a workshop on August 30, between 4 p.m. and 7 p.m. Wilmington Area Planning Council (WILMAPCO) and Delaware Department of Transportation (DelDOT) staff will welcome comment on the draft the amended FY 2011-2014 Transportation Improvement Program (TIP) and invite input for the development of the statewide FY 2012-2017 Delaware Capital Transportation Plan (CTP) and FY 2012-2015 TIP.  The workshop will be held at WILMAPCO offices:

Open House Public Workshop

August 30, 4 p.m. to 7 p.m.

850 Library Avenue, Newark, Delaware 19703

www.wilmapco.org

The draft FY 2011-2014 TIP for New Castle County, Delaware and Cecil County, Maryland is a four-year listing of transportation priorities and projects based upon available funding. Projects are drawn from recommendations in

A Refreshing Community Perspective on the Problems with the NCC Redevelopment Code

This is an very refreshing and insightful perspective on the serious failures of the New Castle County Redevelopment code, particularly with regard to its impact on communities by Fritz Griesinger, a former member of the planning board and long time community advocate.  The Civic league must take on this issue, and get this code corrected before even more damage is done that will negatively affect our communities for decades to come.
 

As a long term Community Advocate, I felt reporter Chad Livengood (News Journal, August 16, 2010) wrote a refreshingly candid article on problems with Redevelopment.  Properties faced with acts of God and similar situations were addressed by  Redevelopment as part of the Unified Development Code (UDC) when it was adopted in 1997.  Over the years, the Redevelopment ordinance has been mercilessly perverted by the county to now include, by right, just about every zoning category including residential.  With a compliant county government as well as favorable waivers and interpretations by the Land Use Department, there is little protection for residents' quality of life covered in the 2007 Comprehensive Development Plan.

Primary Candidates Forum - 6 PM, Monday, August 23, 2010

The Greater Hockessin Area Development Association (GHADA), Civic League for New Castle County (CLNCC), and the Community News will be hosting a Candidate Forum at 6 PM on Monday, August 23, 2010 at the Hockessin Fire Hall.

The forum will allow time for voters to meet, ask questions, and learn about candidate positions on important issues prior to the Primary Election on September 14. 

The Forum will be moderated by the Community Newspaper's General Manager & Editor, Jessie Chadderdon.

This is a Primary Election forum.  Only those candidates facing a Primary Election challenger(s) will be actively involved in this event.

However, additional forums are currently being planned by GHADA and CLNCC that will give all candidates an opportunity to participate in forums prior to the General Election in November.

If you have any questions, please feel free to contact Mark Blake, GHADA President & Land Use Chairman by e-mail at:

markwblake@aol.com

We hope to see you at the event.

WDEL to host political debates

FOR IMMEDIATE RELEASE Contact: Chris Carl, 478-2700

1150AM WDEL & WDEL.com
to Host Political Debates

(Wilmington, DE) – 1150AM WDEL, Delaware’s most listened to news/talk radio station, has announced its lineup of political debates for the upcoming primary election:

August 16, 6pm – Democratic candidates for Delaware Treasurer
Location: WDEL Studios in Brandywine Hundred (2727 Shipley Road)
Moderator: Allan Loudell

August 23, 6pm – Democratic candidates for New Castle County Sheriff
Location: WDEL Studios in Brandywine Hundred (2727 Shipley Road)
Moderator: Allan Loudell
Note: This debate is staged in cooperation with the League of Women Voters of New Castle County

August 30, 6pm – Democratic candidates for Delaware Auditor
Location: WDEL Studios in Brandywine Hundred (2727 Shipley Road)
Moderator: Allan Loudell

August 31, 8am – Republican candidates for U.S. House
Location: Widener Law School, Ruby R. Vale Moot Courtroom 4601 Concord Pike, Wilmington, Del.
Note: Audience welcome
Moderator: Peter MacArthur

The debates will be broadcast live on 1150AM WDEL and streamed on WDEL.com.
News coverage is welcome. Please contact Chris Carl to make arrangements.

First-Last Chance For Public Input On The Hercules-Toll Bros Subdivision - Hearing Set For 7PM Sept. 7th At 77 Reads Way In New Castle

Tim Sheldon's office sent out this announcement on Monday about the Exploratory Plan Hearing for the Toll Brothers' Hercules property. I asked for and received further clarification that the Sept. 7th meeting is going to be the only chance for public comment before this record plan goes to council for a vote:

There has been a Planning Board Meeting scheduled for the DE National plan (2010-0176-S). It is scheduled for September 7, 2010 at 7 PM in the Multi-Purpose Room at 77 Reads Way(Gilliam Building), New Castle, DE.

This would be the time to come out and speak to the developer and the Department of Land Use directly expressing your concerns. Please remember that