The Committee of 100 | FYI Archives

Delaware Greenways has completed its Nomination application of the "Brandywine Valley Scenic Byway" as a "Delaware Scenic & Historic Highway." It does not include language that will protect private-property or development rights for businesses and land owners along the corridor.

As you know from the February 2002 FYI, businesses in the corridor, especially in the area extending from Rodney Square to the Pennsylvania line along Routes 52 and 100 (including land in "viewsheds" and "surrounding landscape context") may be impacted. The Delaware Scenic & Historic Highways Program requires that businesses be included in the Nomination process. However, few businesses, and none from potentially-impacted businesses within the City, were either included in the Advisory Group or notified that the process was underway.

The immediate impact of a Byway Designation is that no business will be able to have an advertising sign anywhere in the corridor except on the site of its business. The greatest concern is that some involved in the process may use the Byway Designation to prompt the City, County, or State to modify codes or regulations that might impact private-property rights or development rights.

The Committee of 100 (at the February 21st Public Meeting and at the March 13th Advisory Committee meeting) asked Delaware Greenways, the sponsoring organization, to include in the Nomination, language that clearly, definitively, and unequivocally states that neither the Designation nor the subsequent Management Plan will, in any way, impact on private-property rights and will not seek, or lead to, changes in City, County, or State laws or regulations which would impact on private-property or development rights. The language has not yet been included.

WILMAPCO, which is administering the funds for the study leading to the Byway Nomination and Designation, has agreed to meet with potentially-impacted businesses at 8:30 a.m. on Tuesday, April 9th at the Delaware State Chamber of Commerce. If you have any concerns about how this Designation may impact your business, please plan to attend.

At the April 9th meeting, Ted Matley, Executive Director of WILMAPCO, will also present information and take input on WILMAPCO's Long-Range Transportation Plan. He has indicated a desire to strengthen the economic development component of the Plan and is asking for input from the business community.

This year's EDiS Institute features Charlie Silver, a construction-industry futurist who will offer predictions on the economy; John Norquist, Mayor of Milwaukee and author of Wealth of Our Cities, who will talk about urban revitalization as an alternative to sprawl; and Les Brown, former talk-show host and author of Live Your Dreams, who will challenge attendees to act on their dreams to change the future. This all happens the morning of April 25th at the First USA Riverfront Arts Center. Registration, via the enclosed brochure, is due by April 12th.

Redevelopment Ordinance Update

New Castle County Council's Land Use Committee will discuss the Redevelopment Ordinance (01-098) on April 2nd and Council is expected to vote on it at its April 9th meeting.

Some civic activists have been campaigning hard for a sunset provision, which would essentially gut the Ordinance. The Council of Civic Organizations of Brandywine Hundred (CCOBH) passed a resolution on March 7th urging County Council to amend the Ordinance to add a sunset provision. The CCOBH resolution noted that the "Ordinance sets new precedent and so creates untested policies in land use in New Castle County" and "civic organizations . . . are wary of unforseen and unintended consequences of the Ordinance." The resolution "petitions New Castle County Council to require the addition of a sunset provision in the Redevelopment Ordinance, to require the Ordinance to lapse three years after being signed into law, unless re-authorized by a majority vote of New Castle County Council." Fritz Griesinger, in an email, wrote that "PCVCL [Pike Creek Valley Civic League] supports the sunsetting provision."

Substitute 1 for Ordinance 01-098 included a compromise provision to address the sunsetting requests: the Department of Land Use will provide County Council with an annual report on the use and effectiveness of the redevelopment section for each of the three years following adoption. However, that did not satisfy some of the civic activists.

At The Committee of 100 March Dinner Meeting, Chris Coons, sponsor, said that he and co-sponsors Councilpersons Bob Weiner and Karen Venezky had agreed to further amend the Ordinance to provide for a review by the Land Use Department at the end of three years to determine how well the Ordinance has been working. That review would contain a recommendation to Council of any changes the Department deemed appropriate and Council would then hold a hearing to consider those changes. Any plans already in the process would continue under the original provisions. This proposal has not yet been made available in writing.

Ordinance 01-098 still has the potential to be the best thing that has passed Council since passage of the UDC. However, it remains under threat.

Conflict Of interest

In contrast to the Redevelopment Ordinance, Karen Venezky's TIS for Minors Ordinance (99-146) is one of the most problematic ordinances to be introduced since the UDC. Its passage would be devastating to economic development in the County, especially for small businesses. The furor that followed its introduction in December 1999 led Karen to reconvene her Small Business Commission (SBC) to study the problems that led her to introduce the Ordinance. The SBC created an initiative to address failing intersections that was then transferred for further action to WILMAPCO and DelDOT. At the time, there was optimism that these intersections would be addressed. When Nathan Hayward was named Secretary of Transportation and gave expression to his vision for DelDOT, the optimism grew.

Now, however, Dave Tackett is leading the charge to bring Ordinance 99-146 back to life. Dave is not only a civic leader, but also, serves on the New Castle Planning Board. Because members of the Planning Board sit in judgment on such Ordinances, it is extraordinary that Dave is championing this Ordinance. This conflict of interest would be headline news and the Board member labeled unethical if he/she were a businessperson.