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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 |