The Committee of 100 | FYI Archives

Delaware would join states like California and Oregon, which currently have petition-driven public referendum, if a bill sponsored by Delaware Greenways is approved by the General Assembly and signed by the Governor. While the purpose is to establish a “special assessment” to purchase, maintain, or support the preservation of land, it does so via introducing a public referendum to Delaware's governing process.

The “Local Land Protection Initiative” would require that an initiative be put on the ballot of the next general election when a petition, signed by 5% of the registered voters who voted in the most recent general election, is submitted to the county government. Both the petition and the ballot question would have to include the purpose, dollar value or rate of the tax, and the asset (property) liable for paying the tax. Senate Bill 168, is sponsored by Senator McDowell and Representative Valihura; co-sponsors are Sens. Amick, Bunting, Cloutier, Cook, Copeland, McBride, Sokola, Sorenson, and Venables and Reps. Booth, Caulk, D. Ennis, and Roy.

Southern New Castle County Sewer Update

In a meeting that ranged from reasonable and informed discourse to embarrassingly extremist statements from residents of Southern New Castle County (SNCC), New Castle County Council, on June 24th, approved Resolution 03-093, which reaffirms the County's commitment to provision of sewer in SNCC. Councilpersons Patty Powell and Karen Venezky voted against the Resolution. Res. 03-093 recognizes that, with the adoption of the Unified Development Code (UDC) in 1997, the County made a commitment to construct sewers in SNCC to accommodate the growth expected within the area, to facilitate good land-use planning, and to protect the environment. Resolution 03-093 reaffirms that commitment. A special thank you to Land Use Committee member Pam Scott of Saul Ewing for her invaluable work in this effort.

While 60% of the residents at a special meeting in SNCC supported providing sewer, and approximately half of the residents who spoke at Council's meeting were supportive, it was clear that there had been a campaign of misinformation. Even after Council repeatedly assured residents that it intended to support an ordinance which would insure that no one with a septic system would be required to connect to the sewer system unless required to do so by DNREC, speaker after speaker expressed the fear of the horrors they had been led to believe would befall them. In addition, there was an undercurrent of classism, and more, which became more and more overt as several talked about allowing cheap townhouses and then one woman bluntly said that this would “encourage people from the inner city to move to the area.” Council President Coons and other members of Council repeatedly reminded speakers of the facts, which many continued to ignore.

Council also approved Resolution 02-105 to assure residents that they will “only be required to connect to the County's sanitary sewer system at such time as the on-lot septic system fails and DNREC requires connection.” In addition, Councilperson Patty Powell introduced Ordinance 03-060, intended to change Sec. 40.22.320.B. and C. to codify that commitment. Even so, yet another speaker took Council to task for not changing the law on the spot.

New Castle County Council VS. the Governor and Secretary of Transportation

In two separate resolutions, New Castle County Council “urged” the Governor and the Secretary of Transportation to provide written explanations for State action that impacts the County. As part of the discussion of the SNCC Sewer System, Council wanted assurance that if the County provided sewers, the State would provide the roads. Resolution 03-106 noted that the UDC allows development only where there is adequate transportation, sewer, water, and school capacity. If the County provides sewer and the State fails to provide the road, development still cannot occur. In spite of DelDOT Director of Planning Ralph Reeb's reiteration of both Nathan Hayward's several missives to the County (via Sherry Freebery) and inclusion in the Capital Transportation Program of funding for projects in SNCC, Council approved Resolution 03-106 which “urges the Governor and the Secretary of Transportation to provide the State's written plan for traffic improvements in southern New Castle County.” Chris Coons, who noted the ways in which DelDOT had provided the information, was joined by Bob Weiner in “not voting.”

Council also approved Resolution 03-107, this time, unanimously. This resolution arises from Christiana Care's request for a waiver from the Level of Service (LOS) requirement for a plan that includes one-million square feet of expansion space. Because of the multiple failing intersections in the Churchmans Crossing area and because other developments have been denied approval to proceed because of LOS problems, Council expressed concerned about the “dichotomy” between the County's LOS standard and the State's acceptance of the development, albeit with mitigation measures. The resolution bluntly states that “DelDOT's recommendation in favor of the traffic mitigation for the Christiana Hospital's one million square foot expansion presents a further conundrum to County Council because of preceding rejections by DelDOT of other property development plans in the Churchman's Crossing area, due to congestion.” The Resolution “urges” the Governor and Secretary of Transportation “to provide the written rationale for the legal basis to differentiate among land use projects proposed for the same congested area, Churchman's Crossing, and to also provide the written plan from the State which will illustrate the plan and solutions for Churchman's Crossing.”

Clean Hands II Substitute Approved

At its June 24th meeting, New Castle County Council passed Substitute 2 to Ordinance 03-024, a revision to the so-called “Clean Hands” provision in the UDC. Whereas the original version of this ordinance posed major problems (see April and May FYIs), Land Use General Manager Charles Baker and Assistant Manager George Haggerty met with representatives from the business community to find language which would solve the County's problem of conflicting interpretations of the Code language while addressing concerns from the business community. Thanks are due to Land Use Committee Chairperson Juli Hammond of Blank Rome, as well as other Committee members for their legal expertise and persistence in working out effective and acceptable language.

Cars for Sale at a Station Near You

Councilperson Bob Woods has introduced Ordinance 03-058 which would allow the sale of motor vehicles “in any district as an accessory use to a legally established automobile repair and service facility” meeting certain criteria. The facility must be State-licensed, have a dealer's license, be on a one-third acre lot, have only two cars for sale at one time, own the vehicles, and have parking beyond the Code minimum.