About Us

Founded in 1962, the Civic League For New Castle County is an organization comprised of community civic associations, umbrella civic groups, good government groups, businesses, and interested individuals. The League provides a forum for education about, discussion of, and action on issues relating to the impact of government on the quality of life in New Castle County

Tuesday, December 28, 2010

Delawareans Weigh In On The Most Underreported Stories Of 2010: Economy, Development, Redistricting, Government Spending And Dredging - States Rights

(DelawareFirstMedia News) Year in Review commentary: Stories you may have missed in 2010
“The condition of Delaware’s economy was the most underrated political story of the year. While the national/global economy tanked in 2008, Delaware’s economy actually went into recession (experiencing a reduction in economic output) in 2007. While nationwide, the political discussion was of jobs & economic growth, in Delaware the discussion was of witches and marxists.
—Charlie Copeland, former state senator and 2008 GOP candidate for Lt. Governor


“The pressures on Delaware’s fragile environment, infrastructure and open space
have only increased. The Great Recession may have left investors with less capital and borrowing capacity, but it also scares policy-makers into welcoming poorly-considered development, because of a vague hope that more permissive zoning will bring jobs even after the bulldozers are packed away.”
—Chuck Durante, Attorney; Fmr. Parliamentarian, Delaware State Democratic Committee


Last year Senate Bill 20 was introduced to open up the redistricting process by creating an open and transparent Redistricting Commission to reapportion the State Senate and House of Representatives. Senate Bill 20 died in committee without a vote being taken.A secret redistricting process does not provide the foundation for competitive elections and ultimately leads public policies being adopted that favor the special interests.”
—John Flaherty, Delaware Coalition for Open Government president


government spending on personnel costs must be tackled. And beyond just tinkering around the edges, this really will require the kind of top-to-bottom review of government services and agencies at every level, and a genuine attempt to consolidate and combine and reduce them – that we’ve been promised for years.”
—Michael Fleming, New Castle County Republican Party chair


the dredging of the Delaware River...Against the preferences of the states of Delaware and New Jersey and contrary to the objections of environmentalists, a federal judge ruled in favor of Pennsylvania and the Army Corps of Engineers who want to deepen the river. This is a classic case of federal v. states rights, with much at stake for the future.”
—Sam Hoff,Delaware State University political science professor

Thursday, December 16, 2010

How's the real estate value in your neighborhood?

How's the real estate value in your neighborhood? 
 
In May 2009 the first annual report (code section 40.07.353) on Workforce Housing, and it's "success", was prepared by the New Castle County Department of Land Use.
Here are a very few of the business and news reports about the housing industry, etc, in the year thereafter:

Washington Post, 5/28/09 Number of Home Sales Rises, But Prices Keep Plummeting 
 http://www.washingtonpost.com/wp-dyn/content/article/2009/05/27/AR2009052701350_pf.html
"Despite the rise from March to April, a glut of foreclosed homes on the market is pushing down prices, and the housing market remains weak, analysts said. Distressed properties make up 45 percent of the market, and that will get worse as rising unemployment pushes more borrowers into foreclosure, the analysts said.
 
There were already too many homes on the market, and the inventory increased nearly 9 percent last month. At the current pace, it would take 10.2 months to sell all of them, according to the industry data.
"These figures just go to show that anyone expecting a drastic rebound in sales, or an imminent rebound in home prices, is going to be disappointed," said Mike Larson, a housing analyst at Weiss Research. "We still have a large mountain of inventory we need to chisel away at. It won't happen quickly."The excess inventory is also putting pressure on median home prices, which fell to $170,200, down 15.4 percent in April compared with the same period a year earlier. That was the second-largest price decline.."

or 5/28/10, Wall Street Journal, Number of Home Sales Rises, But Prices Keep Plummetinghttp://online.wsj.com/article/SB124351361133562355.html
"New homes are now sitting on the market for a median 10.9 months before selling, and completed homes still comprise an extraordinarily high share of total homes for sale.Even with some normalization of unsold inventory of newly constructed homes, it’s unlikely that the real estate market can support any significant pick-up in homebuilding activity in the foreseeable future. That’s because foreclosure activity is still increasing and these properties are flooding the market." –David Greenlaw, Morgan Stanley

or the 7/9/09 quote from Warren Buffett to CNBChttp://www.cnbc.com/id/31836625/
BUFFETT: " There is no silver bullet. I mean, the original cause of this was the housing bubble. Now a lot of things were contributing to it and flowed out of it and all of that. We built a couple million housing units a year. We formed a million, three-hundred thousand households a year, surprise, we had too many houses at a point. You can't work that off in a day, or a week, or a month. The best thing we can do is not to be building a lot of new houses now. I mean, we will work off the excess inventory faster. If you want to end the recession as soon as possible, you do nothing to encourage new housing construction. Very tough on the home builders but that is the prescription for getting supply and demand back into balance."

or CNBC 8/20/09 : What Recovery? New-Home Market Remains in Deep Slumphttp://www.cnbc.com/id/32489037
"By virtually every measure, the new single-family home market remains in a fairly deep slump:
Sales of new homes are down 72 percent from their 2005 peak, while existing ones are off 24 percent from their peak a year later.
As a percentage of total sales, new homes are well off their historical average of roughly of 12.5 percent and the 16-percent average share of the 2005-2006 boom period. In 2008, market share was down to 10 percent and is running under 8 percent so far this year.
Inventory, which peaked at 14-3-months of supply in January, is down to 7.9 percent, but still far from the 5.9-percent level of December 2006, right as the market was turning lower.
Housing starts overall are down 71-percent from 2005 "....

or the Wall Street Journal, 9/24/09 Housing Recovery Obstacle: So Many Houses http://online.wsj.com/article/SB12537455...realestate
"More important, there are still too many houses on the market -- 9.4 months' worth of existing homes for sale in July, according to NAR data. The backlog is usually closer to six.
Nearly seven million housing units will eventually enter foreclosure, mortgage-backed-securities strategists at Amherst Securities Group, a brokerage firm that deals in MBS, estimated on Wednesday. That could add 1.35 years' worth of inventory to the market."..

or CNBC 10/8/09 , Don't Know What Your House Is Worth? You're Not Alone
http://www.cnbc.com/id/33214414
..'A new survey from real estate website Trulia.com finds that 25.6 percent of homes currently on the market in the United States, as of Oct. 1, 2009, have experienced at least one price cut. That's for the fourth straight month. The total amount of presumed home equity slashed is $28.4 billion, or almost a billion dollar increase from June. .."

or New York Times, 10/8/09 : Roubini Says Housing Market Hasn't Bottomedhttp://www.nytimes.com/reuters/2009/10/08/business/business-us-usa-housing-roubini.html?scp=3&sq=Roubini&st=cse
"U.S. housing prices may still fall more than 10 percent, killing an incipient recovery, as demand from first-time home buyers fades, leading economist Nouriel Roubini said on Thursday.
Roubini, one of the few economists who accurately predicted the magnitude of the financial crisis, said massive losses in commercial real estate loans will add to the problem, forcing banks to raise more capital.
"The stress is moving from residential mortgages that are still in deep trouble, to commercial real estate, where they are just starting to recognize that they're going to have massive, massive losses," ....

or the New York Times 11/10/09, Median Home Prices Fell Nationwide in 3Qhttp://www.nytimes.com/aponline/2009/11/10/business/AP-US-Metro-Home-Prices.html
"A real estate group says home prices fell in eight out of every 10 U.S. cities in the third quarter of this year as heavily discounted distressed sales made up 30 percent of all deals."...
The national median price clocked in at $177,900, or 11 percent below the third quarter last year."...

or Barrons , 11/19/09 : Housing Recovery Built on Sandhttp://online.barrons.com/article/SB125858375944554495.html?mod=BOL_hpp_dc

or the New York Times, 11/24/09 : Home Prices May Be Nearing a New Dip http://www.nytimes.com/2009/11/25/business/economy/25home.html?_r=1&hp

or the LATimes, 12/22/09 , More prime mortgages default in 3rd quarter
http://www.latimes.com/business/la-fi-fo...9044.story

or CNBC, 1/19/10 : Whitney Tilson of T2 Partners , hedgefund and author of More Mortgage Meltdown http://www.cnbc.com/id/15840232?video=1390506165&play=1
"no need for any new homes for years"
5/27/09 interview on Bloomberg News he carried an identical message: More housing price deline can be expected;
prime mortgages ane starting to default; "If I were the housing Czar I would mandate no new housing construction for 2-4 years so we could get back to a normal housing inventory level."

or the Washington Post, 1/26/10 , Existing-home sales take a big fall in December
http://www.washingtonpost.com/wp-dyn/con...02164.html
....For all of 2009, the median existing-home prices fell to $173,500, down 12.4 percent from $198,100 in 2008.

or Marketwatch 2/10/10 : Reversal of fortune
http://www.marketwatch.com/story/early-s...2010-02-10
"One in five housing markets entered a second leg of home price declines in late 2009, after showing price increases for nearly half of last year, according to a report released Wednesday by Zillow.com, a real-estate Web site."...
The next few months will likely show more declines in home values in most markets, Humphries said. But he expects that, on a national basis, home prices should still hit bottom by the middle of the year.
"Thereafter," he said, "home values are likely to bounce along the bottom with real appreciation remaining negligible for some time." ...

or the Washington Post, 3/12/10, New round of foreclosures threatens housing market
http://www.washingtonpost.com/wp-dyn/con...id=topnews
" About 5 million to 7 million properties are potentially eligible for foreclosure but have not yet been repossessed and put up for sale. Some economists project it could take nearly three years before all these homes have been put on the market and purchased by new owners. And the number of pending foreclosures could grow much bigger over the coming year as more distressed borrowers become delinquent and then, if they can't obtain mortgage relief, wade through the foreclosure process, which often takes more than a year to complete.
As these foreclosed properties add to the supply of homes for sale, they could undercut housing prices,..."

or Marketwatch 3/23/10, Housing's dead-cat bounce is deflated
http://www.marketwatch.com/story/housing...2010-03-23
.."Sales of existing homes fell in February, the National Association of Realtors said Tuesday, marking a string of three straight declines since the tax credit got its second life. Just as vexing: The inventory of homes for sale climbed quite a bit, and median prices continued to decline, although at a slowing pace..."

or the News Journal , 4/11/10,[b] Recovering lost home equity may take years
ttp://www.delawareonline.com/article/20100411/BUSINESS/4110347/1003/BUSINESS/Recovering-lost-home-equity-may-take-years
... The issue is simply supply and demand. Housing prices won't rebound -- and reclaim lost equity -- until real estate inventory decreases. More homes on the market give buyers more options, which depresses prices....or Forbes, 4/9/10, How High Can Housing Go in 2010?
http://www.forbes.com/2010/04/09/price-r...newsletter
Spencer: We're seeing a lot of markets experiencing a "double dip" already, where they had recovered but are now declining again. The second dip won't be nearly as bad as the first dip (which was more like a free-fall than a dip), but it will be a dip nonetheless...

or Marketwatch, 4/15/10, Foreclosures up in 1st quarter; real-estate owned at record
http://www.marketwatch.com/story/us-fore...beforebell
.."U.S. properties subject to foreclosure action in the first quarter rose 16% from the year-earlier quarter and 7% from fourth-quarter 2009, consultant RealtyTrac reported Thursday. .."
------------------------------------------

We have now reached the month of April, 2010 in this chronology, when the second annual report on Workforce Housing was prepared by the New Castle County Department of Land Use for County Council.

On April 1, 2010, in preparation for a quarterly meeting with County Executive Chris Coons the following request was electronically submitted:

Wednesday, December 15, 2010

New Castle County Comprehensive Plan Update Meeting Schedule With Some Notes

New Castle County Comprehensive Plan Update
Public Involvement Meeting Schedule: Date - Topic

Thursday, December 2, 2010 - Kickoff meeting

Wednesday, January 12, 2011 - Land Use

Wednesday, January 26, 2011 - Land Use

Wednesday, February 9, 2011 - Mobility & Transportation

Wednesday, February 23, 2011 - Water and Sewer

Wednesday, March 9, 2011 - Conservation and Natural Resources

Wednesday, March 23, 2011 - Historic Preservation and Housing

Wednesday, April 13, 2011 - Economic Development

Wednesday, April 27, 2011 - Community Design

Wednesday, May 11, 2011 - Inter-governmental Coordination

Wednesday, May 25, 2011 - Inter-governmental Coordination

Wednesday, June 8, 2011 - Future Land Use and Implementation Strategies

All meetings are to be held from 6:30 p.m. - 8:30 p.m. in the multi-purpose room at the New Castle County Government Center - Gillian Building, 77 Reads Way, New Castle, DE 19720.
Dates and/or topics are subject to change. This schedule will be updated on the project web site:
http://projects.jmt.com/new-castle-county-comprehensive-plan/Default.aspx

Interested persons may sign up at this web site for automatic updates and newsletters
Interested persons may also “follow us” on Twitter at
www.twitter.com/NewCastle_2012 to receive the fastest updates, including any last minute meeting changes which may occur due to weather emergencies.

Questions may be sent by email to: CompPlan12@nccde.org
~*~
`
From my notes: Paul Clark kicked off the Comprehensive Plan Update saying that...

Sunday, December 5, 2010

Updating of the NCC Comprehensive Plan

    New Castle County has started the process of updating their comprehensive plan.  Below is a quick summary of the perspective of a several members of the civic community who attended the first meeting, and a call to action to ensure that critical problems and issues of the past plan are openly and transparently addressed in this process. A summary of the meeting dates that have not yet been posted to the JMT/NCC website is also listed below.

A Summary Perspective from Kick Off Meeting
    The first meeting was held last week, and  left much to be desired in terms of constructive input.  It was essentially a stump speech from the New County Executive ( Paul Clark) a very limited presentation from NCC Land Use General Manager ( David Culver) , and a presentation from JMT Consultants who were hired to develop the plan.

     Most importantly, there was NO ASSESSMENT OF THE PAST PLAN, AND THE MAJOR ITEMS THAT WERE EITHER VERY POORLY IMPLEMENTED OR IGNORED BY COUNCIL.   Critical issues such as decoupling of transportation impacts from cluster development; the new, extremely  problematic redevelopment code; the very controversial and poorly designed workforce housing code; the lack of any meaningful input from citizens on community character considerations (see 9 DE 2603, it's in the State Code! );  the problems with the by-right zoning passed that provides a scapegoat for council to never have to be held accountable to poor development decisions; the complete failure of NCC Council to make any effort on Transfer of Development rights which was sold to the civic community as the critical tool to keep our gross density in balance; and a continued abrogation on the cost impact to State taxpayers on the resulting infrastructure costs,  etc. etc. etc.   Each of these issues deserves a stand alone meeting,

Monday, November 29, 2010

What's Going On At County Hall

Update: Paul Clark's office said that his transition team meetings are open to the public.
~~~~~
The first meeting of New Castle County's Comprehensive Plan Update (CPU) is set for this Thursday evening at 7PM in the Gilliam Building at 77 Reads Way in New Castle.

Comprehensive Development Plan Update 2012 - On December 2nd, 2010, New Castle County will begin the 2012 Comp Plan Update Process. Join us at the Gilliam Building Community Multi-Purpose Room from 7 to 9 p.m. to learn how you can participate in this process. Click below to view the website for the 2012 Update.

Comp Plan 2012

Paul Clark has published details about where and when his transition team committee meetings will be held and who is on the committees but it isn't completely clear whether or not the pubic is invited to observe...I plan to call about it and report back.

The Land Use Transition Team will hold meetings at noon on Tuesday, November 30, 2010, and 9 a.m. Friday, December 3, 2010, in the New Castle Room, New Castle County Government Center, 87 Reads Way, New Castle, to discuss the operations of the Department of Land Use.

The Government Operations Transition Team will hold a meeting at noon on Tuesday, November 30, in the Office of Law Conference Room, New Castle County Government Center, 87 Reads Way, New Castle, to discuss operations in the departments of Human Resources, Administrative Services, Law and others. Anyone with questions about the meeting may call 395-5130.

The Public Safety Committee will hold meetings at 4:30 p.m. on November 29, December 6 and December 13 in the New Castle Room, New Castle County Government Center, 87 Reads Way, New Castle, to discuss operations of police, paramedics, 911 communications and emergency management.

The Community Services Transition Committee will hold a meeting at 1 p.m. Thursday, December 2, in the Multi-purpose Room of the Gilliam Building, 77 Reads Way, New Castle, to discuss the operations of the Department of Community Services.

(WNJ) Harry Themal had this to say about it all today ~ County exec represents another troubling conflict of interest

WDEL sends word about the election for the President for New Castle County Council President ~ NCCo special election to be held on 1/11/11 - The Elections Department says they're expecting to use regular polling places for the special election. Absentee ballots should be available around December 13th.


But then again, DialogueDel has the correction- NCCo Dem chairman says a special election on Jan. 11 would have shut out D & R council members on election day - So the special election date was changed to Thursday, Jan. 13 so council members can work at the polls

And George Smiley is up to his old tricks - fiddling with the NCC Ethics Code:
Ordinances Referred to Boards and Commissions Awaiting Return to Council -
09-072 - TO AMEND CHAPTER 2 (ADMINISTRATION) OF THE NEW CASTLE COUNTY CODE REGARDING PRELIMINARY INQUIRIES AND INVESTIGATIONS CONDUCTED BY THE ETHICS COMMISSION.

Tuesday, November 23, 2010

Colonial Christmas At Lombardy Hall - Celebration Set For December 4th And 5th From 1-4PM In Wilmington



COLONIAL CHRISTMAS
LOMBARDY HALL CA. 1750

Home of Gunning Bedford, Jr.,
Delaware signer of the U. S. Constitution


and

Celebrate Delaware Day
and the 115th Anniversary of
Caesar Rodney Chapter
N.S. Daughters of the American Revolution

Light Refreshments


DECEMBER 4 & 5
1 - 4 pm

1611 Concord Pike
Between Independence Mall and Lombardy Cemetery
For information call: (302) 798-3828 or (302) 655-5254

No Charge

Sponsored by Lombardy Hall Foundation with decorations
by Caesar Rodney Chapter Daughters of the American Revolution

Wednesday, November 10, 2010

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

Tuesday, November 9, 2010

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.

Friday, November 5, 2010

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
==============================================================================================
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

Tuesday, November 2, 2010

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  

Wednesday, October 20, 2010

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)

Sunday, October 17, 2010

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.

 

Friday, October 15, 2010

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)

Tuesday, October 12, 2010

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!

Sunday, October 10, 2010

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

Saturday, October 9, 2010

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.

Thursday, September 30, 2010

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,


Friday, September 24, 2010

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

Monday, September 13, 2010

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

Friday, September 10, 2010

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

Thursday, September 9, 2010

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

Tuesday, August 24, 2010

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:

August 30, 4 p.m. to 7 p.m.
850 Library Avenue, Newark, Delaware 19703

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

Friday, August 20, 2010

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.

Tuesday, August 17, 2010

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.

Wednesday, August 11, 2010

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

Friday, July 30, 2010

Is DelDOT planning to fix transportation problems that affect you? Click Here to check to see and then let them know what you think!!!

PUBLIC WORKSHOP AND COMMENT PERIOD FOR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AMENDMENTS

The public is invited to comment on proposed amendments to WILMAPCO's Transportation Improvement Program (TIP) for fiscal years 2011-2014; the proposal will be available for public review beginning August 2 through September 1. The TIP provides federal funding for transportation projects in our region and these amendments will make the TIP consistent with available state funding based on the Delaware Bond Bill. In step with federal regulations, the FY 2011 - 2014 TIP also features an air quality conformity analysis. This analysis demonstrates that the planned projects meet the our region's air quality requirements.

Information will be available for public review and comment at a public "open house" workshop on August 30, at

Monday, July 26, 2010

Didn't Councilman Powers Have a Bill Proposed to Rescind Workforce Housing?

If Bill Power's honestly believes that workforce housing should be rescinded, as was in a ordinance he proposed recently, shouldn't he have the courage to stand on his convictions, lead by example, and not be willing to introduce development plans using this code?

Or was his proposed bill just as the News Journal reported - nothing but a political campaign ploy?

The Resolution Councilman Powers will sponsor is listed is on the Council agenda for Tuesday night, July 26:


Introduced by: Mr. Powers
7/27/10
RESOLUTION NO. 10-133


PLAN OF THE RESERVE AT BECKS POND: PENCADER HUNDRED; EAST SIDE OF SALEM CHURCH ROAD, ONE HALF MILE NORTH OF ROUTE 40; CONSTRUCT A 240 UNIT APARTMENT COMPLEX UTILIZING THE WORKFORCE HOUSING DEVELOPMENT OPTION; ST ZONING.


BE IT RESOLVED:

Tuesday, July 20, 2010

Paul Baumbach's Progressive Update: Primary Candidates' Forum In Newark, 1 - 5 PM August 22nd At The UUFN

Forum For All Congressional, Statewide And Newark Area Primary Candidates Set For 1PM August 22nd At The Unitarian Universalist Fellowship Of Newark

Candidate Forums—Sunday August 22nd from 1-5pm at the Unitarian Universalist Fellowship of Newark at 420 Willa Road in Newark (www.uufn.org). Free and open to the public. See and share the flyer(pdf). We have invited the candidates with a primary on September 14th, of both parties. Can you name the four people running for county sheriff? You will be able to say yes on the 22nd if you join us!

Monday, July 19, 2010

Public Meeting On Hercules Golf Course Development Proposal Set For Wednesday, 6:45PM In The Marbrook Elementary School Cafeteria

What: Public Meeting to discuss new development proposed for Hercules Golf Course
Where: Marbrook Elementary School, [2101 Centerville Road Wilmington, DE 19808] in the cafeteria
When: Wednesday July 21st - 6:45 till 8:30.
Who: All are welcome.

Bill Franey and I are arranging a meeting of all interested parties at Marbrook Elementary for next Wednesday (July 21) at 6:45. Little Falls Village is a townhouse community off Centerville Rd. that is very interested in what we have done in the past with Gr.Ov. I and any insight we might provide for this project.

If you combine this Tolls Brothers development plan with the redevelopment of Barley Mill Plaza, Greenville Town Center and the old Columbia Gas/MBNA property, you have millions of square feet of structural expansion in a 2-1/2 mile radius with little to no regard to the impact of existing communities.As we have always said, we are not opposed to development/redevelopment, as long as it shows adequate consideration to existing communities.

Bill Dunn - VP
MLCA

(Community News ) Grace Lo Porto reports ~ Residents sound off on proposed golf course development

Thursday, July 15, 2010

Victor Singer's Submission RE: Delaware River Dredging Project by the U.S. Army Corps of Engineers

RE: July 13 & 14, 2010 Public Hearing on the Delaware River Dredging Project by the U.S. Army Corps of Engineers
Dear Folks at DNREC:

SUMMARY: From the start of DNREC's handling of the Corps of Engineers' Dredging Proposal, I have been troubled by the general absence of news media mention of the relevance of Delaware's Coastal Zone Act. But the notion that it was only a journalistic omission provided an easy excuse for not looking further to ascertain that it's nothing more.

Secretary O'Mara's 6/15/2010 letter to the Corps of Engineers brings me briskly to recognition that there's MORE to it than just journalistic omission. It appears to me that DNREC has disregarded a key element of the Coastal Zone Act and the Coastal Zone Regulation (therein authorized), or at least is giving that element less weight than is appropropriate. The purposes of this statement are therefore:

  • To point out what I regard as error by DNREC in its handling of the dredging project;
  • To suggest immediate correction; and
  • To ask for an explanation from DNREC as to why the error occurred in the first place if indeed it is error, or why DNREC thinks it isn't error. (In this sense, "error" may be singular or plural.)
DETAILS: My remarks for this Hearing reflect my own thoughts. I have neither asked for nor received comments or endorsements from any of the boards, commissions or other organizations that I am or have been a member of. I have given careful attention to ongoing news coverage of the Corps of Engineers Dredging Project for about a decade. I use the word "careful" because I am perahaps more interested than most news readers and listeners. I have been a member of Delaware's Coastal Zone Industrial Control Board since early 1998 when I was appointed Chairman of the New Castle County Planning Board.

Before me is a copy of DNREC Secretary O'Mara's June 15, 2010 letter to Lt. Col. Tickner (US Army Corps of Engineers Philadelphia District). This letter announces the July 13 & 14 public hearing dates and lists "Issues which should be provided and/or addressed in further detail" for the hearing. In particular, I am drawn to "Attachment 1: Comments Re: Kelly Island" in the letter, where the following language appears, quarreling with the balance between environmentally damaging and environmentally beneficial aspects of what the Corps proposes: ". . . we have not been provided with any quantitative data that indicates that the benefits will outweigh the environmental cost." The notion that there ought to be more environmental good than harm is more than just nice.

As I understand the Delaware Coastal ZoneAct ("CZA") and the Regulations Governing Delaware's Coastal Zone ("the Reg"), adopted in 1999 under CZA authorization, the environmental benefits MUST outweigh the negative impacts. But my understanding is that that requirement applies to the project as a whole - - or at most to the portion of the entire project that is within Delaware's boundaries - - rather than separately to its several parts. Of course, my interpretations of the law could be wrong - - after all, I'm not a lawyer; I'm only a retired rocket scientist. In that light, however, I have been troubled that I have seen nothing in the ongoing news coverage of the dredging project suggesting that DNREC's treatment of the Corps' application since its submission about a decade ago reflects the CZA requirements, which apply of course cumulatively with other relevant law at both the Federal and State levels.

Obviously, all of the dredging project that is within the State of Delaware is within Delaware's Coastal Zone. But applying the CZA and the Reg to the dredging proposal could well be distasteful to those who are completely opposed to the entire project because among the purposes stated at the very outset of the CZA is the following: ". . . to strike the correct balance between [two policies], encourag(ing) the introduction of new industry into Delaware, [and] the protection of the environment, natural beauty and recreation potential of the State . . .". (Ref. 7 Del. C. 7001) That language prevents absolute disapproval of the dredging application except on a finding that the application would enable new heavy industry or bulk product transfer operations not entitled by grandfathered rights. (The CZA enables expansions or extensions of forbidden activities if they began before enactment of the CZA. The Delaware River was used for shipment of commercial cargo long before the CZA.)

The Reg doesn't set a standard for damage control. But it contains features that could be useful as regulatory devices:

  • Under Section 8.0 (also known as Section H) Permitting Procedures, Section 8.1.4 (AKA Section H.1.d) requires an Environmental Impact Statement complying with Section 8.2 (AKA Section H.2); and Section 8.1.10 (AKA Section H.1.j) requires an offset proposal if required under Section 9.1.1 (AKA Section I.1.1)
  • Under Section 9.1.1 (AKA Section I.1.1) says: "Any application for a Coastal Zone permit for an activity or facility that will result in any negative environmental impact shall contain an offset proposal. Offset proposals shall more than offset the negative environmental impacts associated with the proposed project or activity requiring a permit. It is the responsibility of the applicant to choose an offset project that is clearly and demonstrably more beneficial to the environment in the Coastal Zone than the harm done by the negative environmental impacts associated with the permitting (sic) activities themselves."
Counting on the CZA as the basis for dealing with the dredging proposal would, in my untrained view, be advantageous because it brings with it several prior Court decisions. In particular, the Norfolk Southern (et al) case involving a proposal to lighter coal at Big Stone Anchorage comes to mind. It was the culmination of actions in several lower tribunals. The final decision was by the US Court of Appeals for the 3rd Circuit (a three judge panel, that I think is called "en banque")(filed 6/30/87, on Case No. 86-5322)(822 F.2d 388; U.S. App. Lexis 8295; 26 ERC (BNA) 1193; 1987 AMC 2896; 17 ELR 20941). The panel's decision was on Norfolk Southern's appeal from a prior decision by the US District Court for the District of Delaware, D.C. Civil No. 84-0330) in which the judge denied summary judgment to Southern on dormant Commerce Clause grounds, and found that Congress, thru the CZMA (Coastal Zone Management Act, at the federal level) had consented to the Delaware Coastal Zone Act and thus the CZA was immune from Commerce Clause scrutiny. This finding was the basis for granting summary judgment to the defendants.

The appeal followed. The two sentence Conclusion and the paragraph just before it, are particularly worth repeating here: "In essence, Norfolk Southern's arguments reduce to an assertion that increasing coal exports is in the national interest and that Delaware, in seeking to protect its own environment, has struck an unwise balance between these competing interests. In our view, the dormant Commerce Clause does not authorize a federal court to engage in the kind of broad-based 'national interest balancing' requested by Norfolk Southern. Balancing the societal value of decreasing unemployment in the Eastern coal mines and shrinking the size of the trade deficit against the societal value of protecting the coastal zone is within the province of the Congress. In contrast, the Commerce Clause, as applied by the judiciary, acts as a limitation on the authority of the states designed to preclude the establishment of protectionist state barriers that would threaten the operation of the federal union. We conclude that Section 7003 of the CZA was not immunized from Commerce Clause review by the CZMA. We further hold that Section 7003 of the CZA does not violate the dormant Commerce Clause. Thus, we will affirm the order of the district court granting summary judgment for appellees."

The words of that decision seem to be exactly applicable to the current Corps of Engineers dredging application. But relying on that Norfolk Southern decision, by a three judge panel of the US Court of Appeals for the 3rd Circuit, requires some sort of explanation as to why it hasn't been relied upon earlier - - unless it HAS BEEN - - as well as why other features of the CZA were not given weight earlier - - unless they HAVE BEEN. In particular, what comes to mind is the last sentence of 7 Del. C. 7005, which requires a DECISION on an application 90 DAYS after submission. The dredging application has been festering for more than 90 MONTHS.

Yours very truly, Victor Singer

Sunday, July 11, 2010

Civic League needs to evaluate and take a position on proposed expansion of Nuclear Reactors in our Region.

Today's News Journal Article "Delaware energy: Nuclear growth puts region at risk", is an excellent report done by Jeff Montogemery that shows how the Nuclear Regulatory Commission is downplaying the risks of nuclear power as part of a political play to get more nuclear plants built, including a fourth reactor at Salem.  Nancy Willing also has some more detailed analysis of the information on the Delaware Way Blog.

This political approach is very similar to the one taken by the Mineral Management Service that regulates offshore drilling.  As we watch the news daily from the gulf, we are reminded of just how dangerous this type of covering up of the actual facts and downplaying the dangers can be.

The proposed new nuclear reactor is

Wednesday, July 7, 2010

Darley Green Redevelopment Project: A poster child for failed policy in NCC?

In a July 3, 2010 News Journal articled titled "Delaware communities: Darley Green developer offers move-in help", the article describes a $300,000 dollar program to provide a subsidy to public employees to move into this struggle redevelopment project claiming is is being done "with no money coming from taxpayers".

"It's something that allows us to give back to those people," said Don Robitzer, chief operating officer and project head for The Commonwealth Group. "It creates an avenue for us to help them out."

While this paints a Rosie picture of the project, the reality of the public subsidy and tax payer cost required to make this project possible may be viewed very differently. 

Saturday, July 3, 2010

Board Member Charlie Weymouth is SPOT ON about Del DOT priorities being amuck!!!

 Todays' News Journal Editorial by Charlie Weymouth points out a major reason why so many in Delaware are increasingly stuck in traffic, and will soon be bailing out the State's Transportation Trust Fund.

    For years, WILMAPCO and other have tried to use a technically sound prioritization system to rank transportation investment based on there technical merits and needs; but special interests and "political accommodation" continue to be the rule!!!

***************************************

Don't lose perspective in NKS road deal with DelDOT

Lest we lose our perspective by focusing upon the specific NKS-Tigani-U.S. 1 accommodation in a “sweetheart” deal, one should be reminded of that long held Delaware travesty,

Thursday, July 1, 2010

Update on candidates for New Castle County

Here is a nice update of the candidates filed for New Castle County Government Offices from the Delaware Liberal Blog.

We are still unsure if Mike Protack has or is going to file.

We will be inviting all of these candidates for our Civic League for New Castle County Candidates Forum to be held on Wednesday, Sept. 15, 2010.

Wednesday, June 30, 2010

More On The News Journal's Developer Story Today

Click on over to Delaware Way for my take on the Stoltz story this morning: DelDOT Shoves An Arm's Length Between The Bond Bill Committee And Jack Markell, Chris Coons, Pam Scott-Paul Clarky And Keith Stoltz

DelDOT secretly continues to support developer interest over citizens!!!

Dismayed yet again to read about our State Government official's continued actions to support developers over citizens at all costs.  Didn't they learn anything from the secret Minner deals with the NKS sweetheart deal?  Is this agency still being run by the staff kept on from the Minner administration?

From today's News Journal coverage (Click here for Link):

"DelDOT convinced lawmakers to agree to language in the agency's funding bill that's less restrictive from their original proposal, but may give a citizens group in New Castle County's chateau country a legal foothold to challenge the projects in court."Why should the taxpayers have to subsidize this out-of-state real-estate development trust in putting in its project?" said Richard Beck, a land-use attorney with Citizens for Responsible Growth, a civic group fighting both developments"

Please support the Citizens for Responsible Growth in New Castle County in any legal challenge.  This type of late night closed door action by any government agency is unconscionable and should be challenged vigorously.  If they do it in one place and get away with it, they are emboldened to do it in many other places.

Friday, June 25, 2010

Public Meeting Of The Citizens For Responsible Growth Tonight At 5:30 In Greenville

CRG Public Gathering June 25th at Twin Lakes Farm
Please see attached invitation for a CRG event we are having at my farm on June 25th. (click to enlarge image) This is open to the public. This meeting is to make sure the community is aware of the dreadful effects Stoltz's proposed developments will have on us and generations to follow. Come find out how you CAN make a difference!


Thank you and see you on the 25th! Patty Hobbs

[Editor's note: I just spoke with Andy Hobbs and confirmed that this is the rain date for the gathering. So come on out and let's communicate!]

Monday, June 21, 2010

Public Notice for Delaware River Main Channel Deepening Hearing

Please consult the Civic League for New Castle County's Resolution Opposing this project that represents our official position on this project.  If you can, please attend and testify against this project.

Permit and background information is available on the Web (Click Here)

DNREC – Wetlands and Subaqueous Lands

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

Pursuant to 7 Del. C. Ch. 72, Section 7208, 7 Del. C. Ch. 66, Section 6609 and Section 401 of the Clean Water Act, the Department of Natural Resources and Environmental Control (“DNREC”) will conduct a public hearing commencing at 6:00 p.m. each evening on July 13 and July 14, 2010.  The hearing will be held in the Longwood Room #113 Auditorium, in the Bank of America Building at Delaware State University, College Road Dover, Delaware.

Contact Your Legislature and tell them to Oppose House Bill 442 - A bill that will open the sewer floodgates.

Even the News Journal Opinion is spot on about how bad this bill is for the Citizens of New Castle County.  This is clearly a few legislators working for a few special interest friends at high risk to the taxpaying citizens of New Castle County who will have to pay the bill if things go bad.

Please read the News Journal Opinion.

The bill is below.  Please contact your legislator and let them know this is a bad bill.  We cannot afford to fix the Wastewater Infrastructure in northern New Castle County, and finally realized that they had an excess of sewer capacity in Southern New Castle County.  With the current housing market, this bill is nothing bay horrible and incompetent public policy - written as an insider favor for a few special interest.

The bill is below:

Saturday, June 19, 2010

More on the Proposed Special Services Oversight

The news journal has enother article on the proposed oversight committee

The committee could be useful, if it is made up of competent people that understand the technical issues and do not have any special agenda's or "friends" in need of special favors.

If done right, it could do what NCC Council and Government has failed to do - - - Provide openess and transparency in the very political dealings with providing sewer services.

Friday, June 18, 2010

NCC Special Services Committee Co-Chairs Want To Reinstate The NCC Department Of Special Services Board

At the June 15th Civic League meeting, a rousing conversation ensued about why the County Council is mostly rubber-stamping whatever the Executive's Department heads dictate. League Director Gary Warren reminded everyone that there was once an appointed citizen's Board to oversee the Special Services Department that provided some checks and balances.

I guess Gary has been talking to his friends on Council because the Special Services Committee co-chairs have suddenly decided to reconstitute the citizen's overisght Board:

(Newark Post) reports ~ Councilmen want to reestablish committee following Lea Eara Farms sewage treatment problems - New Castle County Councilmen William E. Powers, Jr. and Timothy Sheldon announced their intention to re-establish the NCC Department of Special Services Board, following the takeover of a waste treatment facility at Lea Eara Farms near Middletown.