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JANUARY 2005

Cooperation on Stormwater Management

When New Castle County Councilperson Tim Sheldon introduced Ordinance 04-176 on December 7, 2004, he wanted to help his constituents whose homes had been severely damaged by the recent flooding. What he did next may be instructive in how this new Council may operate. Tim agreed to step back and work toward a more comprehensive bill that would address not only the desire to purchase some flood-damaged properties, but also, the need to find a more global solution for stormwater management in New Castle County. Tim tabled his bill and worked with Council President Paul Clark and County Executive Chris Coons to bring others to the table to craft a more comprehensive response to the flooding problem.

Substitute 2 to Ordinance 04-176, which was passed unanimously by County Council January 11th, addresses the flooding issues in several ways. Receiving the most attention was the buyout provision. The Ordinance provides funding for the purchase of properties with a strict criteria:

1) The property has suffered repeated flooding and has been deemed unsafe by the Code Official pursuant to New Castle County Code Section 6.09.002(C)(3);
2) there is a public benefit and purpose for the property purchase related to regional
stormwater management/mitigation;
3) there is a credible threat to the public health or safety if the property is not purchased; and
4) a damage and repair assessment has been conducted and/or an engineering analysis has been undertaken showing the economic benefit of purchasing the property, and the cost of purchasing the property is less than repairs and/or future flooding repairs.

In addition, owners of eligible properties, “shall not have willfully ignored the threat of flooding by either abandoning any type of flood insurance or moving into a floodplain at below market cost without the purchase of insurance.” Eligible properties must conform to the FEMA requirements, so that the County can recoup its investment wherever possible. Buyout value will be based upon appraised value of the property before the most recent flood event less insurance, salvage, State, or federal proceeds or assistance.

In addition to establishing strict criteria for the buyouts, Substitute 2 to Ordinance 04-176 reallocates the County's Capital Budget to provide for immediate drainage and flood-abatement projects in multiple communities, debris removal on county-owned facilities, and several studies. Most important, by bringing members of the General Assembly to the table, the County was able to leverage its money with State appropriations to provide for additional projects. Part of the County funding will be used for projects clearly under the County's jurisdiction; additional County funding will be used as a match for State dollars; a third list of projects await State funding to receive matching County funds.

While there was nearly widespread support for the Ordinance in its revised Substitute 2 form, Tim Plemmons, Gail Van Gilder, and Chris McEvilly from Delaware Greenways and Eileen Butler from the Delaware Nature Society expressed concern over the transfer of $10 million from the Parkland Acquisition line in the Capital Budget to Stormwater Mitigation and wanted a guaranteed return of the $10 million in the next budget. Members of Council noted that there is currently no land designated for purchase, so this transfer will not take away from any prospective purchase.

While the Ordinance included “Council's intent to replace the parkland acquisition funding in the next budget cycle,” Council would not provide a guarantee to do so.

While he voted for the Ordinance, Councilperson Jay Street noted that he was doing so with the caution that he wanted the same consideration for his projects in the City of Wilmington.

Councilperson Jea Street's
Strategies to Reduce Violence in the City of Wilmington

At the January 11th New Castle County Council meeting, Councilperson Jea Street announced that he had prepared a document on Strategies to Reduce Violence in the City of Wilmington which identifies programs that he wants Council to support. The Street document recognizes that “law enforcement is a critical component” to reducing the level of violence within the City of Wilmington. However, Councilperson Street declares that addressing this major problem will require a “reformation,” a “holistic approach” which includes not only law enforcement, but also, “Education, Employment, Community Education and Recreation, Drug and Alcohol Treatment, Prison Reform, Spiritual Inspiration, Legislative Action/Reform, Reward Money, and Reduction of [the] City Work Force.”

This “reformation process,” according to the Street document, must include Wilmington, New Castle County, and Delaware Police as well as federal law-enforcement agencies; City of Wilmington Departments of Licenses and Inspection, Public Works, and Parks & Recreation; local business groups; State agencies, including the Department of Education, Department of Services for Children, Youth & Their Families, Division of Social Services (Department of Health & Social Services), and Department of Corrections; parents, grandparents and guardians; children; drug and alcohol treatment facilities and programs; and local clergy and communities of faith.

The 17-page Street document is most specific in the changes it calls for in law enforcement. Several proposals are for reinstatement of former programs, such as community policing methodology, the Wilmington Police Department Youth Aid Division, and the Wilmington Police Advisory Council. Other proposals echo recommendations made by others, such as increasing the number of Wilmington police officers “by at least 100” and creating multi-jurisdictional task forces—to include City, County, and State Police as well as the ATF, FBI, and U.S. Attorney’s office—to reduce the illegal trafficking of drugs and weapons. Several other recommendations stand out, e.g., calling for the U.S. Attorney to “do a full investigation of the Wilmington Police Department to reduce the likelihood and ongoing allegations of police malfeasance and corruption,” and hiring “outside consultants . . . to review current police department policies and practices and make recommendations for effective change.”

While the Employment section is short, it is aggressive, recommending revitalization of the Summer Youth Program and provision of at least 1,500 summer jobs for City youth, as well as year-round jobs for City youth provided by local businesses, the Business Round Table, and the Chamber of Commerce. The remainder of the Street document calls for an array of programs and services. They range from calling on the City of Wilmington to reinstate the Department of Youth and Family Services and the Delaware State Police to reestablish the DARE program in all secondary schools, to urging the United Way and City, County, and State governments to provide emergency funding to assure that Community Centers have late-evening and weekend activities for youth and ongoing funding for summer basketball leagues. His list includes calls for youth summits, parent organizations, drug and alcohol treatment and prevention programs, a faith-based task force, grant funding for nonprofit/youth-service agencies, reward money, and elimination of “positions or departments” less “essential” than these programs.

Beverley Baxter