CLNCC's General Assembly Lobbying Report For Late March 2018

This morning, I thought I would share my lobbyist newsletter to the Civic League for New Castle County (CLNCC,) "Things of Interest Late March 2018" edition. 

It is vital for citizens of New Castle County to organize and strengthen their power through civic governance. The CLNCC is a prime conduit for empowering local residents. Consider joining us as a community group, a business, or an individual!

Things of Interest, Late March 2018

CLNCC

CLNCC will be choosing a new President at our Annual Meeting in May as Jordyn Pusey has filed to run for NCC Council. We are closely monitoring NCC Department of Land Use regarding potential changes to the level of service requirements in the UDC and the communities' struggles with golf course development applications for Cavaliers, Brandywine and Pike Creek and issues before the Historic Review Board.

Bill Dunn is the CLNCC nominee for the Coastal Zone Conversion Permit Regulatory Advisory Committee (RAC).

I attended a Lobby Day in support of Adult Use Cannabis (HB 110) and will be working with that group to increase public education on the merits of the legislation.

And congratulations to Connie Georgov for being honored by the League of Women Voters of NCC at this year's CARRIE CHAPMAN CATT AWARDS RECEPTION 

NCC

County Executive Meyer gave his FY 2019 Budget address last night and surprised council with requests for a 15% property tax and a 12% sewer fee increase (see news stories below.)

Two massive UDC amendments, 18-020 and 18-02, were introduced at the Council meeting (Agenda HERE) and bills up for votes included Hollins' amendment to the Traditional Neighborhood Housing ordinance (HERE.)


General Assembly

State Rep. Mike Ramone's HB 239, an act to amend Title 9 of the DelCODE relating to a vacancy in NCC office of county executive, passed the House yesterday!

The legislature breaks for spring for the next two weeks even as several snowfalls interrupted the regular order of  business this month.

House

Judiciary - House Majority Hearing Room - 12:30PM

HB 310 M. Smith - AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CERTIFICATION OF ADOPTION OF SUSTAINABILITY AND TRANSPARENCY STANDARDS BY DELAWARE ENTITIES.

Administration - JFC Hearing Room - 2:30PM

HB 73 Briggs King - bill requires an elected official or other paid appointed official of this state or any county or political subdivision who is also employed by any state agency, education, or other institution, or any other political subdivision of this State to disclose such employment to the Public Integrity Commission (PIC). This disclosure will assist the PIC and the State Auditor in evaluating if the official is receiving dual compensation for coincident hours of work.

HB 399 Longhurst - ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.

Public Safety and Homeland Security -  House Majority Caucus Room - 2:30PM

HB 294 Briggs King - ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.

Education - House Chamber - 2:30PM

SB 90 Bushweller - bill would allow for a student to participate in the Inspire Scholarship Program for eight continuous semesters instead of the current six. This would allow a student to use Inspire Scholarships for each of the semesters during a traditional college program

HB 326 K. Williams - Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education
HS 1 for HB 49 Jaques - ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY
HB 344 Briggs King -  language set forth in this statute would remove barriers and unrealistic goals to offenders with learning disabilities when being considered for parole or a sentence modification.

Health and Human Development - House Chamber - 3:30PM
SS 1 for SB 143 Townsend - ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE BEHAVIORAL HEALTH CONSORTIUM.

Corrections - House Majority Caucus Room - 3:30PM
HB 357 J. Johnson - ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES.

Natural Resources - House Majority Hearing Room - 4PM
HB 270 Mulrooney - ACT TO AMEND THE DELAWARE CODE RELATING TO CLEAN WATER FOR DELAWARE.

Senate 

Transportation - Senate Majority Caucus Room - 10:30AM
HB 328 Osienski - ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS.

Corrections and Public Safety - Senate Majority Caucus Room - 12:30AM

HB 53 with HA 1 and HA 2 Miro -

bill allows ground-based and hand-held sparklers and certain other nonexplosive, nonairborne novelty items regulated by the federal government to be sold and used in the State. 

Environmental, Natural Resources and Energy - Senate Chamber Meeting Room - 1:30PM

SB 133 Lopez - Act acknowledges that the Department of Natural Resources and Environmental Control has been collecting natural resource data for years without the consent of the respective property owners. This Act further prohibits the dissemination of natural resource data to any person or entity without first disclosing the date and method of collection along with obtaining the written consent of the respective property owner. In the event written consent cannot be obtained during a two year period following the effective date of this Act, the Department must expunge, without the distribution or transmission to any other person or entity any natural resource data.

SB 134 Lopez - act enhances the penalty for Theft when the victim is a veteran of the United States Armed Forces.

Elections and Government Affairs - Senate Hearing Room - 1:30PM
SB 153 Hansen - Act creates the Delaware Native Species Commission ("Commission")
HB 92 with HA 1 K. Williams - bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.

Judicial and Community Affairs - Senate Majority Caucus Room - 2PM
HB 103 Matthews - ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HOME IMPROVEMENT FRAUD

HB 316 Longhurst - ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY
SB 160 Henry - ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NEW CASTLE COUNTY BOARD OF ASSESSMENT REVIEW
HS 1 for HB 330 with HA 1 Schwartzkopf - ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.

Health, Children and Social Services - Senate Hearing Room - 2:30PM
This meeting will focus on the state of Delaware's drinking water and it's effect on the health of all Delawareans. The committee will be discussing water related, point-source regulatory frameworks in Delaware, including expert testimony

Education - Senate Hearing Room - 3:30PM

SB 85 Henry - ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE LAWFUL AUTHORITY OF TEACHERS OVER PUPILS.
HS 1 for HB 287 with HA 1 K. Williams - ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STATE HIGH SCHOOL DIPLOMA REQUIREMENTS.

In the News:

VIDEO | New Castle County Executive Matt Meyer proposes 15% property tax increase in FY 2019 budget

New Castle County Executive Matt Meyer proposes budget with property, sewer tax increases

Meyer's NCC Budget Address 5:30PM Tuesday With Town Halls To Follow In Claymont, Newark, And Hockessin

Meyer's NCC Budget Address 5:30PM Tomorrow With Town Halls To Follow In Claymont, Newark, And Hockessin

Residents invited to community town halls and budget updates this spring

Follow release of proposed Fiscal Year 2019 county budget on March 27

On Tuesday, March 27 at 5:30 pm, County Executive Matt Meyer presents his administration’s proposed Fiscal Year 2019 budget plan to members of New Castle County Council.  The annual budget presentation takes place in the County Council Chambers on the first floor of the Louis L. Redding Building, 800 North French Street, Wilmington.  

All members of the public are invited to attend.  

Additionally, the budget presentation will be streamed live on the County’s Facebook page at www.facebook.com/nccde. 

Beginning Wednesday, March 28, the County Executive hits the road with members of County Council to discuss the Fiscal Year 2019 budget with residents in community town halls in every council district.   

Each town hall features an informational presentation and a review of the County’s fiscal challenges, followed by a question and answer session and discussion about County priorities as work is under way to enact a balanced budget.  

The First three Community Town Halls will take place on:

·         Wednesday, March 28, 6:00 p.m. at Claymont Fire Station.  Hosted by County Council member John Cartier. 

·         Thursday, March 29, 6:00 p.m. at Shue-Medill Middle School.  Hosted by County Council member Tim Sheldon. 

·         Thursday, April 5, 6:00 p.m. at Hockessin Memorial Hall.  Hosted by County Council member Janet Kilpatrick.

“Please join us for a town hall in your community to learn about steps we are taking to restore fiscal responsibility to county government and provide high quality critical services that save lives, protect the public health and drive our high quality of life,” County Executive Meyer said.  

“Bring your questions and participate in the conversation.”
Visit www.facebook.com/nccde/events to get more details for each town hall, and check this site for additional town halls as they are confirmed.

Update: Cancelled Due To Weather: CLNCC Monthly Meeting - DNREC Natural Areas Program Manager Talk - Set For 7PM March 20th In Christiana

Civic League for New Castle County
Meeting Cancelled Tonight
Due to the Weather.

Civic League For New Castle County Meeting

Date: Tuesday, March 20th , 2018 

Time:   7:00 - 9:00 p.m.

Guests: Eileen Butler, Natural Areas Program Manager, DNREC;
RJ Miles, Vice President CCOBH

Location: Christiana Presbyterian Church 15 North Old Baltimore PikeChristiana, DE 19702

Click here to become a CLNCC Member

From March 2018 County Comments, the CLNCC Newsletter:

2017 Dept. of Land Use Annual Report Released

For more information, please click HERE to go to the NCC website and view the report.

New Civic Group Alert- The Claymont Revitalization Project By: Matthew Morris

Our Mission: To establish a revitalizing culture that restores the image and safety within the Town of Claymont, providing a positive foundation for our children, and allowing the town to exceed its potential and thrive with economic growth. 

The Claymont Revitalization Project was started by Matthew Morris, a Claymont native and the administrator of Take Back Claymont Facebook page, along with Josie Stauffer. After a multitude of concerns were raised and addressed on the page, Mr. Morris commented “Why don’t we have a town hall meeting?” but no one was sure how to proceed. Mr. Morris ambitiously volunteered and organized the first meeting to bring residents together. At present, he and his team of associates, Lisa Allred, Josie Stauffer, Catherine Kelly, and Jennifer Ferris aim to unify the community to tackle social issues relating to crime, drugs, public safety, and youth based activities to help promote and restore a safety community and positive public image. 

The Claymont Revitalization Project gained support from Brett Sadler of the Claymont Renaissance Development Corporation, several board members of the Claymont Coalition, and civic association board members from within Claymont. In doing so, the team held the very first Claymont Town Hall Meeting. The meeting was devised to unity the community and introduce them to local legislators, the Attorney General, Director of the Division of Public Health, NCC County Executive, County Officials, and their local patrol officers from NCCPD and DTSP. The town hall meetings have gained tremendous momentum in all of their ideas of revitalizing the community.  

The Town of Claymont is conveniently located and has access to three of Delaware’s major highways. It has easy access to every major metropolitan area in the North East.  The town has a lot to offer and is in a major upswing of improvement, one that does not seem to have a future of stopping. The Revitalization Project aims to take full advantage of their location and promote it as a platform of attracting new residents, and businesses. 

The primary goals of the Claymont Revitalization Project are to bring Claymont to the forefront of economic development, and encouraging businesses to expand to the area. They want Claymont to be a welcome destination instead of a stop-over location.

Progress for Our Communities During Outdoor Paint Removal By Sarah Bucic

Lead (Pb) is a neurotoxin with irreversible side effects. Exposure to lead paint chips, grit and dust from dry abrasive sandblasting is dangerous to public health. 

Ingesting lead causes neurological damage, behavioral and learning disabilities among children, as well as anemia, high blood pressure, kidney damage and reproductive effects (including miscarriage, stillbirths and premature births) among adults. There are no safe levels of exposure to lead and there is no way to reverse the damage caused by lead exposure. 

In February 2017, The Civic League for New Castle County was the first organization to support protection for public health of the surrounding communities during outdoor lead paint sandblasting. 

The Civic League of New Castle County resolution supported:
1) Community notifications requirements and public access to information
2) Health and safety plans for sandblasting and paint removal to ensure the protection of public health
3) Containment measures to prevent community exposure from lead paint chips, particles and dust
4) Hazardous waste that is removed from outdoor structures shall be properly transported and disposed at a hazardous waste disposal facility
5) Air pollution monitoring to ensure pain particles and dust do not escape containment. 

Over 160 water towers have been identified in the State of Delaware, some within 50-100 feet of childcare centers and residential areas. In addition to water towers, other outdoor structures can contain lead paint such as playground equipment, utility structures and poles, bridges and fire hydrants. Currently, no notification requirements or State regulations exist to inform the local community about the removal of lead on outdoor structures.

However, this is changing! In October 2017, in The News Journal Secretary Shawn Garvin committed the Division of Natural Resources and Environmental Control (DNREC) to develop a general permit spearheaded by the Division of Air Quality. Secretary Garvin stated this will include “strengthening the public participation process and DNREC oversight” [1]. General permits will also allow DNREC to enforce compliance and hold those in violation of safe industry practices accountable. 

While the regulations are still forthcoming, and the Division of Air Quality noted that they will only apply to water towers, we look forward to seeing the regulations and their ultimate implementation for the public good. Public input, in the form of hearings, will be held once the regulations are released and we will need the community voices to be heard. 

Garvin, Shawn. (October 15, 2017). Delaware Voice: We’re tackling lead paint sandblasting. The News Journal. https://www.delawareonline.com/story/opinion/contributors/2017/10/12/dnrec-chief-were-taking-action-lead-pant-sandblasting/757844001/

Recommendations from Special Committee, Regarding Truck Traffic and Freight Movements along SR 41, SR 48, and SR 7

The Committee makes the following recommendations to DelDOT and the General Assembly:1. Conduct a feasibility study of constructing a bypass between US 1 and I-952. Conduct a feasibility study of constructing a passenger and freight rail spur from Wilmington that parallels the SR 41 corridor, including impacts to SR 7, SR 41, and SR 483. Conduct a feasibility study of constructing a dedicated freight line along the NE corridor from Perryville, MD to Newark, DE4. Conduct a feasibility study of restricting trucks on SR 7, SR 41 and SR 48 during specifiedtimes, in specified directions, and based on loaded vs. unloaded conditions, determining impacts to, and improvements needed, on alternate routes5. Conduct a feasibility study for improvements to the SR 896 corridor, including a potential alternate parallel route, to encourage trucks to use I-95 to SR 8966. Perform a Road Safety Audit on SR 7, SR 41 and SR 487. Perform a traffic engineering study to implement a school speed limit zone on SR 41 near Cooke Elementary School8. Perform a traffic engineering study to determine appropriate speed limits on SR 7, SR 41, and SR 489. Continue to study options described in the 2016 Delaware Valley Regional Planning Commission (DVRPC) Chester County New Castle County Transit Study10. Consider the use of quiet pavement technology on SR 7, SR 41 and SR 4811. Relocate existing engine compression brake prohibition signs to downhill locations approaching signalized intersections12. Install engine compression brake prohibition sign with flashing beacons at PA state line13. Conduct signal warrant studies for the following locations:» SR 48 and Old Wilmington Road» SR 48 and Courtney Road» SR 48 and Harlech Drive/Hedgegrow Place» SR 48 and Old Hobson Farm14. Install permanent YOUR SPEED XX MPH signs on SR 7, SR 41 and SR 48 and perform a “before” and “during” study to determine the effectiveness of these signs on arterial roadways over time15. Perform a traffic engineering study to determine any potential improvements for intersections on SR 7, SR 41 and SR 48 that are currently operating at LOS E or worse, based on WILMAPCO’s Congestion Management Program Results16. Provide additional enforcement of existing speed limits17. Perform a study to identify feasible locations to install fixed virtual WIM stations on SR 7, SR 41 and SR 4818. Increase the number of truck inspections19. Recommend New Castle County Police increase enforcement of NCC Code Section 22.02.0008-B.2.a.i, which makes it unlawful to “race or gun any motor vehicle between the hours of 9:00 p.m. and 8:00 a.m.”20. Increase enforcement of Delaware Code, Title 21 §4311(a), which makes it unlawful to “drive a motor vehicle, including a motorcycle, on a highway, including residential streets, unless such motor vehicle or motorcycle is equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excess or unusual noise.”21. Increase enforcement of engine compression brake prohibition22. Continue enhanced truck enforcement on SR 41 and SR 48, and expand enhanced truck enforcement to SR 723. Establish a bi-state working/coordination group to discuss and address issues associated with regional freight movement. The working group should be comprised of representatives from DelDOT, PennDOT, WILMAPCO, Delaware Valley Regional Planning Commission (DVRPC), Delaware State Police, Pennsylvania State Police, and other relevant stakeholders24. Request that existing legislation be re-written to bring Delaware’s truck length laws in-line with surrounding states 

The five (5) recommendations prioritized by five (5) or more Committee Members are highlighted below:

• 1. Conduct a feasibility study of constructing a bypass between US 1 and I-95  

• 6. Perform a Road Safety Audit on SR 7, SR 41 and SR 48  

• 8. Perform a traffic engineering study to determine appropriate speed limits on SR 7, SR 41, and SR 48  

• 22. Continue enhanced truck enforcement on SR 41 and SR 48, and expand enhanced truck enforcement to SR 7 

• 23. Establish a bi-state working/coordination group to discuss and address issues associated with regional freight movement. 

The working group should be comprised of representatives from DelDOT, PennDOT, WILMAPCO, Delaware Valley Regional Planning Commission (DVRPC), Delaware State Police, Pennsylvania State Police, and other relevant stakeholders

Send us your stories

What is important to you? Do you have an issue in your community that needs to be addressed? We want to hear from you, our loyal members. Let us know how we can help! Write to CivicLeagueforNCC@gmail.com.

Please check the CLNCC facebook page HERE for timely meeting announcements and news items.

Click HERE on facebook to view NCC Department of Land Use Community Open House on March 1st, featuring an update on the 2012 Comprehensive Plan and Unified Development Code.

NCC Investments In MOT Area Town Hall: 5:30PM Thursday At The Odessa Fire Hall And On Facebook Live

Residents invited to participate in March 15 Town Hall on County investments in the MOT area

Evening session at the Odessa Fire Hall will also be livestreamed at www.facebook.com/nccde

New Castle County Executive Matt Meyer and members of his leadership team will hold a community Town Hall on Thursday, March 15 to engage with southern New Castle County residents about plans for enhanced County services in the Middletown Odessa Townsend (MOT) area and the effort underway to develop a comprehensive land use plan for the area south of the C and D Canal.  

The Town Hall will start at 5:30 p.m. at the Odessa Fire Hall, located at 304 Main St., Odessa, DE 19730. 

“New Castle County government provides critical services that save lives, protect the public health and drive our high quality of life.  We are committed to enhancing those services to better meet growing needs in the southern part of our County,” County Executive Matt Meyer said.  “We are holding our March 15 Town Hall to communicate directly with our residents and to hear their ideas and concerns.  Please plan to attend and join the conversation.” 

County Executive Meyer and department leaders will kick off the Town Hall with a short informational presentation about southern New Castle County Park plans, expanded library services and a county paramedic station and preview the county’s fiscal challenges in advance of the County Executive’s annual budget address later this month.  A question and answer session will follow and attendees will be invited to share their ideas about county services and park and library amenities they seek in their communities. 

The March 15 Town Hall will be streamed live on the County’s Facebook page at www.facebook.com/nccde.  Community members are invited to post their questions on that site or by sending an e-mail to OpenHouse@nccde.org.

Civic League For New Castle County Meeting - Coastal Zone Industrial Control Board Review - Set For 7PM Tuesday In Christiana

Civic League For New Castle County Meeting

Date: Tuesday, February 20th , 2018  

Time:   7:00 - 9:00 p.m. 

Location: Christiana Presbyterian Church
15 North Old Baltimore Pike
Christiana, DE 19702 

Upcoming Meetings of Note

WILMAPCO and DELDOT Transportation Public Workshop
Monday, February 26, 2018, 4-7 pm
Newark Free Library, 750 Library Avenue, Newark, Delaware 19711 

Delaware United Public Meeting and Legislators' Forum
Sunday, February 25, 2018, 2:30-5pm
UUFN, 420 Willa Road, Newark, DE 19711 

NCC Department of Land Use Community Open House 

March 1, 2018 from 5-7 pm in the James H. Gilliam Multipurpose Room located at 67 Reads Way in New Castle, at which time the Department will present:

• A general overview about updating the NCC 2012 Comprehensive Plan  

• Updates to the Unified Development Code: Part II (Process and Site Design)

• A follow-up discussion regarding transportation capacity 

• A general overview about updating the NCC 2012 Comprehensive Plan 

• Updates to the Unified Development Code: Part II (Process and Site Design) 

• A follow-up discussion regarding transportation capacity  

*Please note: This event is open to the public but space is limited. If you plan on attending, please register via Eventbrite by February 27, 2018 by clicking here: https://tinyurl.com/yaszkjox  

County Civic Umbrella Group Meeting Report 

County Executive Meyer held a Quarterly Civic Umbrella Meeting on Monday, January 22nd with many CLNCC members attending. The public benefits from meeting as one group and hearing concerns brought by all constituents. 

Mr. Meyer is still considering names for Planning Board Chair as that position remains open and the Board is two members short. 

One bright note: after calling attention to the Department of Land Use current practice of bringing plans forward to the Planning Board without a traffic impact study, DLU GM Rich Hall agreed to revisit the change made in the code under Paul Clark that allows this unfair practice. Citizens pointed out that the Supreme Court ruling on Barley Mill Plaza speaks directly to this mischief. 

There are several controversial development applications in play that absolutely require a TIS to be
included in deliberations. 

DNREC consultant stumbles on legal details in its Draft CZCPA Process Recommendations Report 

By Vic Singer 

The Coastal Zone Conversion Permit Act, CZCPA, was enacted as HB 190 last June by the General Assembly to modify Delaware's renowned Coastal Zone Act by enabling previously forbidden heavy industry activities on fourteen designated sites within the Coastal Zone. DNREC is required to prepare new regulations to guide the new activities. DNREC engaged the Consensus Building Institute, CBI, to recommend, initially, how to organize a Regulatory Advisory Committee, RAC, to support development of the new regulations. 

CBI undertook individual private interviews with people selected by CBI or DNREC to gather suggestions. After a public outcry objecting to the conduct of public business in private meetings with people with wallet-based interests, CBI conducted further private interviews with others who asked for the opportunity, and DNREC hastily held two public meetings with constrained agendas. 

On December 22, CBI released a draft "Process Recommendation Report" and asked for written comments
by January 19, 2018. Vic Singer submitted comments, repeated below between lines of ~~~~, supplementing his verbal and written comments during an interview some months earlier at Buena Vista with a CBI employee, without repeating them. 

CBI's thirteen recommendations implicitly reflect the notion that DNREC's Secretary holds exclusive
authority to establish how to revise Delaware's Coastal Zone Regulation to reflect no less than the newly
legislated requirements of the Coastal Zone Conversion Permit Act (CZCPA) -- HB 190 enacted in the 2017
session of the General Assembly. In an introductory "Background" statement, the DNREC Secretary's role
is to be aided and abetted by a Regulatory Advisory Committee -- RAC -- that DNREC is to lead. The
charge for the RAC is to "support its [ i.e., DNREC's ] development of new regulations." 

Recommendation #1 urges the RAC to deal only with features reflecting the CZCPA, and not with other provisions needful of attention. Recommendations #2 thru #6 urge the DNREC Secretary to categorize RAC membership, establish membership qualification and/or disqualification criteria, to allow or disallow the RAC to form subcommittees whenever it so chooses, Recommendation #7 and #8 urge the DNREC
Secretary and/or the RAC to TRY to reach out to the larger community. 

Recommendation #9 urges the DNREC Secretary to give direction to the RAC to draft "detailed prescriptive guidance" for DNREC's staff to prepare actual regulations, which the RAC might -- or might not -- be allowed to review and critique. Recommendations #10 thru #13 involve RAC's work plan, work schedule and procedures, all under DNREC control. 

Clearly, CBI judges that the DNREC Secretary and the Department he heads are totally in control. Whether or not that's consistent with the legislative intent deserves careful attention to the words enacted by the General Assembly. 

The CZCPA was written as an addition to Delaware's Coastal Zone Act, CZA, to enable some previously
prohibited activities and to preserve other prohibitions. That is reflected in the engrossed version of the
CZA available on the internet at http://test.delcode.delaware.gov/title7/c070/index.html. 

Except for changes to accommodate newly permissible activities, the provisions of 7 Del. C. Section 7005
"Administration of this chapter" are preserved as they were prior to HB 190. Under Subsection 7005(b), the DNREC Secretary is authorized to issue regulations which do not have the force of law unless approved by the Coastal Zone Industrial Control Board, CZICB. And under Subsection 7005(c) the DNREC Secretary is required to develop and propose a comprehensive plan and guidelines for conversion permits which become binding regulations upon adoption by the CZICB after public hearing. And under Subsection 7005(d), DNREC and all other agencies of state government must assist the CZICB in developing policies and procedures and must provide all information that the CZICB may require. 

Broadly interpreted, the General Assembly gave to the CZICB the authority to alter any part of or the entirety of any comprehensive plan or regulation proposed by DNREC and/or its Secretary at any time that the CZICB chooses to do so. 

Yet the thirteen CBI recommendations do not mention any role for the CZICB in any part of the process for developing regulatory controls over newly authorized activities in the Coastal Zone. The thirteen CBI recommendations presuppose that the RAC will be totally controlled by DNREC and/or its Secretary, that effectively the RAC will be a puppet on the Secretary's strings. But the legislative intent according to the words of the CZA and the CZCPA enacted by the General Assembly is that for the Coastal Zone, DNREC and/or its Secretary are to be totally controlled by the CZICB, effectively puppets on CZICB's strings. 

Clearly, CBI knows that its clients are the DNREC Secretary and DNREC, and that the clients want to be in
total control despite what the law says. Indeed, recent history mutely demonstrates that the CZICB's overwhelming desire is to go along to get along, i.e., to be a puppet on DNREC's string. A notable recent demonstration of that, is the CZICB's refusal to hear an appeal on a CZ permit on the premise that the appellant didn't qualify for "standing" even though Section 7 Del. C. 7007(b) gives standing to "any person aggrieved by a final decision of the Secretary" and the Section 7 Del. C. 7002(h) definition of "person" as "any individual or group of individuals . . . or any other legal entity." 

Since the CZICB would appear to be puppets on DNREC's or its Secretary's string, seeking CZICB's approval for proceeding according to the CBI recommendations might seem a mere formality. Exploring whether or not the CZICB would need to hold a public hearing before endorsing the CBI recommendations is an issue better explored at the outset than at the end of the process. 

CBI needs to add to its final recommendation report an epilogue that it gives at least lip service to the statutory authority of the CZICB along with an explanation for why that wasn't recognized in its draft report. CBI needs to demonstrate that it has read AND UNDERSTOOD both the CZCPA and the CZA in order to make its work product worthy of respect. 

*Vic transmitted his comments electronically at 1:09 pm Jan 19, and DNREC acknowledged receipt at 2:22 pm. Coincidentally, at 1:22 pm on Jan 19, 13 minutes after Vic's electronic transmission, the Delaware Superior Court "EFiled" its disposition of the Appeal from the CZICB's denial of standing in the case that Vic cited to demonstrate that the CZICB is a puppet on DNREC's or its Secretary's string. The court's disposition: after citing the CZA provision on standing, remand to the CZICB for re consideration.

Read Bill Dunn's Delaware Voice article HERE and HERE - Let Community Experts into Coastal Zone Act  Process

Send us your storiesWhat is important to you? Do you have an issue in your community that needs to be addressed? We want to hear from you, our loyal members. Let us know how we can help!

Click here to view

CLNCC County Comments

Click here to

Become a CLNCC Member

CLNCC Contact Info: 

President Jordyn Pusey President@CivicLeagueforNCC.Org (302) 388-1101 

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

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

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

Secretary Barry Shotwell cnb.shotwell@yahoo.com (302) 584-2242

CLNCC Monthly Meeting Set For 7PM Tuesday, January 16th In Christiana

Civic League For New Castle County Meeting 

Date:  

Tuesday, January 16, 2018  

Time: 

7 - 9 p.m. 

Location:  

Christiana Presbyterian Church, 

15 North Old Baltimore Pike
Christiana, DE 19702 

- General Membership Meeting 

Click here to view CLNCC County Comments Click here to  Become a CLNCC Member

Petition DNREC To Regulate Sandblasting of Surfaces Containing Lead or Other Toxic Metals on Outdoor Structures in Delaware

Civic League Board member Sara Bucic is currently circulating a petition which follows up on the Civic League for New Castle County's resolution from April 2017 regarding the Sandblasting of Surfaces Containing Lead or Other Toxic Metals on Outdoor Structures in Delaware. If you haven't yet signed it, please consider signing it HERE.

Read more about Lead Hazards in Delaware in Sarah Bucic's News Journal Op-Eds from April, The lead exemption loophole that DNREC must fix and September Lead paint sandblasting on water towers remains an environmental hazard. 

In this petition, citizens are urging Secretary Garvin to follow through with promised regulatory reform from his October response ~ DNREC chief: We're taking action on lead paint sandblasting

First, I thank Sarah Bucic, RN, for her vigilance in advocating for the environment and public health and safety from potential toxic lead contamination as a result of dry abrasive blasting of lead-based paint from water towers.

After documenting that lead paint chips fell near her home, Ms. Bucic brought the issue to my attention when I became DNREC secretary earlier this year and to the public’s attention in a recent News Journal “Delaware Voice” op-ed. 

Lead is a neurotoxin, which means exposure to high levels of it, either through inhalation or ingestion, can cause damage to the brain and kidneys. As nurse Bucic reminds us, lead exposure for children is of particular concern, since even at lower levels of exposure, lead can permanently affect a child’s mental and physical growth.

Historically, the Department of Natural Resources and Environmental Control’s regulations exempted dry abrasive blasting and painting of water towers. 

But this past spring, the department took steps to clarify our expectation for containment of lead during dry abrasive blasting by water tank owners. We moved to reach agreement with the tank owners on steps that they would take immediately on a voluntary basis.

DNREC developed and vetted with the industry an approach of “principles and commitments” to properly manage blasting activities to ensure no lead or other materials would enter the environment – and that, should a release occur, a prepared response plan would be implemented. The approach included an expectation for a public notification to nearby residents 30 days prior to the activity.

More recently, DNREC has embarked on developing a general permit spearheaded by the Division of Air Quality to include the measures identified in the “principles and commitments” as well as further strengthening the public participation process and DNREC oversight. The general permit will provide clear direction on what is required if you are engaged in dry abrasive blasting of water towers.

The department intends to begin developing the permit process this month and to revise the regulation that currently provides an exemption for dry-abrasive blasting activities by mid-2018. DNREC considers these actions to be appropriate and responsible, given what has long been known about the dangers of lead in the environment and the harm it can cause.

The department also recognizes there are still many challenges as we continue to protect our public health and our environment, and we know that it will take all of our collective efforts to meet those challenges.

The largest source of potential lead exposure is in homes constructed before 1978. To learn more about lead abatement strategies, please visit www.LeadSafeDelaware.org or call the Public Health Healthy Homes and Lead Poisoning Prevention Program at (302) 744-4546, ext. 4.

Shawn M. Garvin is secretary of the Delaware Department of Natural Resources and Environmental Control.

And read Green Delaware’s action alert on the sandblasting petition ~ Sign on to anti-lead-poisoning petition/letter

Back to lead poisoning.  There is no safe level of lead exposure.  It dumbs us down..........In September we urged support for an effort lead by Sarah Bucic, calling on the Delaware DNREC to establish stronger regulations.  See Protect Delawareans from lead poisoning and her op-ed in the Wilmington News Journal.

Coastal Zone Act changes need more public input

A Delaware Voice Op-Ed by Jordyn Pusey, President Civic League for New Castle County

Coastal Zone Act changes need more public input: Delaware Voice

In June of this year, the Coastal Zone Conversion Permit Act (HB 190) was introduced before the General Assembly. Many groups, including the Civic League for New Castle County, had bemoaned the lack of outreach to civic groups, environmental groups, and especially “fenceline” communities that will be most affected by any changes to the Coastal Zone Act regulations.

The appearance of this legislation, the process behind its formulation, and the speed in which it went from introduction to approval seemed to cater to special interests and industry insiders, at the expense of a fully transparent and public process. At that time, groups were assured by the bill’s sponsors and other proponents that the public would have the opportunity for input during the promulgation of regulations.

When the Department of Natural Resources and Environmental Control (DNREC) Secretary Shawn M. Garvin signed the Start Action Notice for the regulatory process in late September, he was quoted as saying that “DNREC is committed to developing the regulations governing Delaware’s Coastal Zone Act Conversion Permit in a transparent manner that facilitates and encourages public input and involvement” and that “in order to ensure a wide representation, the Regulatory Advisory Committee will be composed of stakeholders including regulated parties, large and small businesses, organized labor, communities, conservation and environmental organizations, regional and local government, and other affected persons.”

The Critical Needs Assessment notes that “DNREC shall begin the Public Workshop process no later than October 1, 2017” and that failure to meet certain deadlines would “have political consequences and likely erode the public trust.”

By some twist of logic, the promised public workshops morphed into “confidential, stakeholder interviews” with a third party: the Consensus Building Institute. These interviews were conducted with 25 different individuals and groups identified by DNREC as “stakeholders” and took place towards the end of October.

Not one member of a community or civic group was initially invited to participate. DNREC did eventually invite the Civic League to participate, and despite our deep concerns over the opaque process, we agreed. We strongly encouraged that finding consensus must be an inclusive, open process for all stakeholders.  

Where does that leave fenceline communities? They are not being truly included in the public process, and are consigned to live with the environmental and health implications of legacy pollution and potential new heavy industrial pollution.

It is troubling that community leaders and residents have not been deemed valuable enough by a state agency to share their experiences, goals, and concerns about changes to the Coastal Zone Act and how those changes will directly impact their communities.

DNREC scheduled two "public workshops" this week. While we encouraged people to attend so that their voices were heard, holding two “public workshops” on short notice is wholly insufficient.

Public workshops are not public hearings. They are not necessarily part of any formal record. Giving two weeks notice of workshops held the week after Thanksgiving does not allow for the public to engage on a meaningful level about regulations that can potentially impact their lives in very serious ways.

If our leaders truly value a public, transparent process, then DNREC needs to immediately change course and call for at least four public hearings prior to the formation of the Regulatory Advisory Committee. Residents from neighboring communities should ultimately serve on the RAC. These workshops should be held in the areas of Claymont, Southbridge, the Route 9 Corridor, and Delaware City. They should be held at a convenient time, so that working citizens can attend, and in locations that are accessible to public transit and pedestrians.

Public trust is eroding steadily. Claims of valuing transparency and open government mean nothing if actions do not match words. Please call your legislators to request this process be as open and inclusive as possible. We must start valuing the opinions of all of our citizens and making the necessary accommodations to reach out and bring groups together for the benefit of all. It’s never too late to do the right thing.