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FEBRUARY 2004

Rental Code Ordinance Ignites Conflict

On July 25, 2002, warring parties met in the City/County Workshop Room and began sparring over rental code issues in New Castle County. Everyone was invited to the table. The resulting New Castle County (NCC) Rental Code Working Group was open to any group or person wanting to participate, and ranged from elected and appointed New Castle County, Wilmington and State officials to the Claymont Community Coalition, from the NCC Volunteer Fireman Association and the Delaware State Fire Marshall to the University of Delaware Center for Community Research & Service, from the Delaware Apartment Association to the Community Legal Aid Society, from the Civic League of New Castle County to The Committee of 100, from the Delaware Housing Coalition to the Delaware Association of Realtors.

After the first meetings of this disparate group brought together by New Castle County Council President Chris Coons, few were optimistic enough to think there could be any agreement. Nevertheless, after over a year and a half of laborious, painstaking effort, and multiple setbacks, the NCC Rental Code Working Group produced Substitute No. 2 to Ordinance No. 03-116, establishing a Residential Rental Property Code. Once a consensus emerged, the Gordon Administration opposed the bill. However, because of its widespread support, there appeared to be enough Council votes committed to the ordinance to assure its passage.

On January 13, 2004, NCC Council defeated the ordinance by a 4/3 vote, with Councilpersons Chris Coons, Bill Tansey, and Bob Weiner voting in favor and Councilpersons Penrose Hollins, Patty Powell, Karen Venezky, and Bob Woods in opposition. Reaction from the community was immediate and intense.

At a February 19th meeting of the NCC Rental Code Working Group, which County Executive Tom Gordon refused to allow Department of Land Use personnel to attend, person after person excoriated the administration and the Councilpersons who voted against the Ordinance. The Civic League of New Castle County said the “absurd conduct of the County is holding tenants and the community hostage.” Steve Peuquet, from the University of Delaware, called the administration “punitive” and “disingenuous,” and charged the opposing Councilpersons of showing “a lack of interest in the facts” and “a lack of interest in affordable housing.” Louise Rolleri, of the NCC Civic League, finally argued patience and waiting for a new administration. She regaled the group with the farmer's admonition: “Never argue with a pig–it won't work, and it annoys the pig.”

Nathan Wants Your Ideas

When Nathan Hayward became Secretary of Transportation, a new era in transportation provision began in Delaware. Nathan “got it.” He understood that to keep Delaware's economy healthy, we must have economic development; and to have economic development, we must have a transportation system that works.

In establishing criteria for how limited transportation dollars will be spent, Nathan established his 3-legged stool philosophy: transportation projects must improve transportation, support economic development, and preserve Delaware's valuable historic and environmental treasures. When projects meet this criteria, Nathan's next commitment is to ensure that transportation projects beautify the community, as well.

When it comes to finding solutions to difficult transportation problems Nathan has been one of the most creative Secretaries of Transportation Delaware has ever had. In addition to his innate ability, Nathan brings his experience in planning, economic development, and business to transportation issues. That is not enough for him. Nathan wants your ideas, as well.

Nathan is inviting you, as a member of the business community and as a resident of Delaware, to present your creative ideas for solving our transportation problems. Good transportation projects can facilitate economic development and enhance the community, improving Delaware's overall quality of life. If you have a creative idea about how to solve one of Delaware's transportation problems or about how DelDOT and the private sector can work together, let Nathan know. The Committee of 100 Transportation Committee meets with Nathan on a regular basis. If you want us to carry your idea to Nathan, give Beverley Baxter or Transportation Committee Co-Chairpersons Tom Carroll and Ted Williams a call.

Hometown Overlay Zoning Ordinance

Substitute No. 1 for Ordinance No. 03-107, the Hometown Overlay Zoning District Ordinance, is on the agenda of New Castle County Councilperson Patty Powell's Land Use Committee on March 9th as well as Council's agenda that same evening. However, because Councilperson Bill Tansey, the lead sponsor, will be out of town, he is asking Councilperson Powell to table the Ordinance on March 9th with the expectation that Council will vote on Ord 03-107 on March 23rd.

The goals of this Ordinance are laudable, including facilitating infill and redevelopment in “traditional,” compact communities which predate zoning regulations in the County. The Hometown Overlay's purpose includes promoting “the viability and economic health of these communities.” However, as written, it adds another layer in the approval process. The Ordinance calls for the community to create a Community Plan and Design Guidelines Manual for the designed area. The Community Plan/Design Guidelines will, when in conflict with the UDC, supersede the standards of the UDC. Any development in an Hometown Overlay area, must conform to the Community Plan and Design Guidelines. All plans submitted to the Department of Land Use which are for parcels within an area with an Hometown Overlay will be subject to review by a community Design Review Advisory Committee (DRAC), including a public meeting.

2004 EDiS Institute

Mark April 21st on your calendar for this year's EDiS Institute at the Bank One Center on the Riverfront. Speakers will include Hank Harris, President of the Fails Management Institute (FMI); former Pennsylvania Governor Mark Schweiker, currently President of the Greater Philadelphia Chamber of Commerce; and Dr. Kevin Freiberg, author of Nuts. Hank Harris will be discussing the economy and emerging trends within the construction industry; Governor Schweiker will speak on the emerging regional economy and his economic forecast for the region; and Dr. Freiberg will present the Keynote address on “How to Prepare Your Organization for the Emerging Recovery.”

Beverley Baxter