Wednesday, March 21, 2018

Will NCC and DE turn a blind eye to the worst of unethical behavior?


We will continue to remind everyone that the Chairman of NCC Executive Meyer's Parks Transition Team, that wrote the final report determining where regional parkland is prioritized, is the Registered Agent of two LLCs overseeing the development of the Orphanage Property. It sounds unimaginably hard to believe that this level of corruption -- clear to the naked eye even among the least politically savvy -- is acceptable at any level of govt, but it is apparently.

But not only was Mr Setting appointed the Chair by Mr Meyer, but Michael Hoffman of Tarbicos-Grosso LLP -- the law firm representing the Felician Sisters -- was also appointed chair of a Park's Team's subcommittee. With this level of influence presiding, does anyone honestly believe that Ogletown-S.Newark would have a snowball's chance in hell at our only chance of getting one? Yet, Senator Townsend doesn't think for a moment that this was an issue. In fact, he believes the simple fact that the "Rt.4 corridor" was just on the Team's list was enough to absolve them of any bias.

Further disturbing is that no attorney would help STOP, nor would they even touch a case like this. They won't touch the illegal Traffic Impact Studies and other show-stopping issues with the Chestnut Hill "Preserve" also, all because they don't want their careers "threatened". In other words, they're all in bed together, most especially the land use attorneys, who would threaten anyone the moment their client's profits were in doubt. This includes Widener,, etc. Not a one.

Anyway, this is what we're up against, folks. Total and absolute corruption. It's absolutely disgusting, and this is but one reason why we hold our two State's legislators (one an attorney himself) equally accountable; that they would stand idly by while such corruption continues unabated, and not make the least attempt to stop it despite our numerous pointers on how to do so.

Sunday, March 18, 2018

Guest Contributor Bill Dilks: Felician Sisters Orphanage Property

24th District Candidate Bill Dilks
As a businessman and project manager, accountability is mine, success or fail. There is no such thing as "It wasn't my fault." It’s not always fair, but that's just the way life is. Failure is not an option! The epic fail of this entire RT4 Orphanage fiasco lies on the shoulders of our state representative, Mr. Ed Osienski.

In 2015, the Felician Sisters had been "engaged with State/County officials for more than 2 years” (since 2013.) What happened between 2013 and 2015? Mr. Osienski did not stay on top of this. The result is a huge tragedy for open space along the RT4 community corridor.  Two simple things needed to be done.

First, get the property down-zone approval for just the Felician Sisters units.  "...some members of County Council began expressing opposition to our request”. So Mr. Osienski said the rezoning approach would not have worked. He was defeated without even trying. (I’m sure we’ll hear in detail the excuses on how naive this approach is and how this could have never gotten done. Yet, the failure still remains.)

Second, Mr. Osienski stated he got state funding to help purchase the land. Yet he only got partial state funding. And the Sisters saw through this obfuscation. More balls were dropped here than by Tom Brady in the Superbowl.

Mr. Osienski waited from 2013 until crunch time of July 2017 before even attempting to secure State funding for public acquisition.  So after 4 years of equivocation, the Sisters gave up due to the inertia of Mr. Osienski. The zoning wasn't going to change. Mr. Osienski had only half of the promised funds. So the Sisters had no choice but to push the button to get their project moving forward with the high-density zoning in place.

It is a complex issue, too complex for Mr. Osienski to handle. I would have been in constant contact with the Sisters, coordinating, coercing, passionately pushing and driving everyone, the county executive and council members, colleagues in Dover, and the Governor, rallying the citizenry, anyone and everyone. I would have been constantly updating the residents from the beginning, going back to 2013. Ongoing meetings would’ve been scheduled specifically for this, for years if need be. I would have wrapped my arms around the entire project from the get-go, and gotten the job done. Yet, I’m sure again we’ll hear excuses of how “it doesn’t work that way”, from a man who we now know was in over his head.

Mr Osienski handles the day-to-day interests for our district, as the job calls for. It’s the heavy lifting that is beyond his grasp. We need someone in place who supports the community each day, and who has the background and drive to manage the big ticket items.

Open land, and protecting our environment and coastline should not suffer due to the inept handling by our representatives. These initiatives are just too important.

The end result? Epic fail. Did Mr. Osienski drop the ball?  He never picked it up in the first place.

Bill Dilks is running for State Representative for the 24th District. Visit his webpage.

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NOTE - The Ogletown Resilience Blog is non-partisan, and as such, we are willing to consider the views and contributions of all citizens who share our concerns for the Environment, regardless of their Political Party affiliation. 

Why didn't STOP Legislators invoke Eminent Domain?

Many of our followers have brought this question to light; why Eminent Domain -- a clearly defined means of land acquisition -- was never called upon by area legislators to save the Orphanage Property. Advocates too are puzzled, since both Senator Townsend and Rep Osienski insist that they have done everything legally possible. And surely, they will make excuses for why Eminent Domain wouldn't have worked or couldn't have been used.

Not far from here at all is a very different take:

The use of eminent domain to establish public parks, to preserve places of historic interest, and to promote beautification has substantial precedent.

In DE Title 29, Chapter 95, we see the following:

(b) Notwithstanding any other provision of law, neither this State nor any political subdivision thereof nor any other condemning agency, including an agency as defined in § 9501(b) of this title, shall use eminent domain other than for a public use, as defined in subsection (c) of this section.

(c) The term "public use" shall only mean:

(1) The possession, occupation, or utilization of land by the general public or by public agencies;

(2) The use of land for the creation or functioning of public utilities, electric cooperatives, or common carriers, or

(3) Where the exercise of eminent domain:

a.1. Removes a "blighted area" as defined at § 4501(3) of Title 31, or a "slum area", as defined at § 4501(23) of Title 31;

2. Removes a structure that is beyond repair or unfit for human habitation or use; or

3. Is used to acquire abandoned real property; and

b. Eliminates a direct threat to public health and safety caused by or related to the real property in its current condition.

Then in Title 7, Chapter 75, we see the following:

The General Assembly finds that:

(1) The provision of lands for public recreation and conservation of natural resources promotes biological diversity, public health, prosperity and general welfare and is a proper responsibility of government.

(2) Lands now provided for such purposes will not be adequate to meet the needs of an expanding population in years to come.

(3) The expansion of population, while increasing the need for such lands, will continually diminish the supply and tend to increase the cost of public acquisition of lands available and appropriate for such purposes.

(4) Rapid growth and spread of urban development is encroaching upon, or eliminating, many open areas and spaces of varied size and character and many sites with important cultural and natural resources. These areas, spaces, and sites, if preserved and maintained in their present open state, constitute important physical, biological, social, aesthetic, recreational, or economic assets.

(5) The State must continue to permanently protect substantial quantities of such lands as are now available and appropriate so that they may be preserved and developed for the purposes enumerated herein.

(6) It is the public policy of the State that the permanent protection of land shall be accomplished through the voluntary acquisition of interests or rights in land, or donation of said lands, and that said acquisition or donation constitutes a public purpose for which public funds have been expended or advanced and should be continued.

We urge our readers to look over both chapters, and determine for themselves could our legislators have saved this last remaining jewel of a landscape? With such large gaps in their 2013-2015 timeline, i.e. waiting for the Nuns to call them as their drive toward application/exploratory plan approval went forward, couldn't they have at least made the threat?

And despite the drainage and sewer work, it's not too late. Except the reality is, neither legislator wants STOP to happen; from Day 1, their intentions (failure to progress) has been abundantly clear.

Monday, March 12, 2018

"Ogletown Park" timeline mostly subjective, unproven

The Ogletown-S. Newark Region's "Fab Four" (not)
By Angela Connolly and Frank Warnock

Part of the process of going forward and healing from the loss of the beautiful Orphanage Property to development is examining all of the circumstances which led us to where we are now. We have reviewed their lengthy, and sometimes redundant Timeline, written by Senator Bryan Townsend, and Representative Edward Osienski, where they present their side of the story in their failure to successfully provide Ogletown with the parkland that they so need, and deserve. We feel that most of their story and timeline is subjective. In other words, their word against what really should have happened since 2013. While their introductions and the timeline itself are both filled with sincerity and sentiment, and although they may have e-mails to substantiate some of their claims, much of their story is what you call "hearsay", because it cannot be substantiated or proven. In the spirit of fairness, we do acknowledge that both did step up towards the end, including getting State funds committed, and Senator Townsend making himself more available to Advocates (Rep Osienski largely ignored our e-mails, and did not attend meetings with us, allowing Sen. Townsend to take charge of communications.) But it is our opinion, after careful review of their timeline, that their efforts came too late, and contributed to the loss. It is our opinion that, by not notifying constituents early in the process, they contributed to the project progressing as far as it did.

What will soon fill the fields and woods, replacing the Orphanage
Save the Orphanage Property started this campaign to save the parcel in July 2015, just days after the Community (those who discovered it leaked, on short notice) assembled in Holy Family Church, to be shown the plans for the Affordable Housing, and the accompanying massive development of townhomes, duplexes, and single-family homes. Like most of our neighbors in Breezewood, and Todd Estates 2, we had no idea that this development was being planned. We were not asked for our input, we were TOLD what was coming. Both Legislators have admitted, verbally and in their timeline, that they were aware that the threat of development existed as early as 2013, over two full years before the July 2015 meeting. However, they did not formally notify area residents. They admitted to telling a few, off the record, to try to insinuate that people did in fact know what was going on. But the vast majority of their constituents knew nothing. And this is what we believe to be the first of many mistakes that they made. Rep. Osienski stated, on Facebook and in his introduction to the timeline, that

"Many feel more public notice and a four-year, instead of a two year, community grassroots campaign would have made the difference. I don’t believe that. I believe that if your state/county elected official have your best interest in mind and the willingness to work their tails off to achieve it, then that should be all that is needed."

We strongly disagree. We believe that, had we been notified in a timely manner, a four-year campaign would have made ALL the difference. The Felician Sisters would have heard, loud and clear, that the surrounding community would NOT be in support of such a massive development. And, we could have all worked together to help the Sisters achieve their Mission of providing Affordable Housing, (which STOP fully supported) while finding an acceptable alternative for the rest of the parcel. But we were never given a chance, because Sen. Townsend and Rep Osienski (along with Councilwoman Lisa Diller) decided that they would keep this from us, losing us precious opportunity to delay the process and work together for an alternative.

Who really belongs in Hillery's infamous "Basket of Deplorables?
Our State and County (D) legislators are definitely in the running.
Some area residents have suggested that they may have perhaps deliberately stalled going public from 2013-15, to ensure that Exec Gordon would be "out of the way" from any effort to help with another park, as his exemplary conservation record shows would have been the case. We can't help but agree, because we do know that Exec Gordon was in fact supportive of STOP.

Do we actually want to believe that Sen. Townsend and Rep. Osienski acted in such a nefarious way? Of course not. But how do we know that? Should we simply disregard the backgrounds that these two come from; a law firm that deals first hand with high dollar LLC interests, and a Union man who may well put temporary construction jobs before our environment? Both of whom concocted and drove through HB-190, angering Environmentalists and key Environmental organizations, under the guise of creating "jobs", when in fact DE's unemployment rate is relatively low at 4.1%? And don't forget the large numbers of developer-friendly people who contributed to their campaigns. Their own records prove that they are not friends of the Environment, that saving Open Space is not their priority.

And so after careful review, here is a list summarizing our findings, to share the inconsistencies that we uncovered. Here are the key points...

1) Senator Townsend and Rep. Osienski, from the time that they claim to have been made aware of the possibility of development in 2013, over two years before the July 2015 Public Meeting at Holy Family Church, failed to notify their Constituents in writing to each and every affected household. They did not engage those who would be directly affected, such as those homeowners immediately bordering the property, in time for them to voice their concerns. Advocates were never given the chance to participate with Legislators, the Felician Sisters, and their neighbors in finding an acceptable alternative to the massive and devastating development that we are now facing. They failed to hold early public meetings, which should have been advertised and specifically addressing the possibility of development.

2) Senator Townsend and Rep Osienski failed to communicate with the Felician Sisters in a manner where they would have been made aware of how the Sisters were progressing in their plans for development. Their Timeline shows large portions of time gone by where they failed to reach out to the Sisters to check on the progress of the tax credit that the Sisters intended to keep applying for.

3) In spite of the strong photographic and other evidence presented by homeowners, Senator Townsend and Rep Osienski failed to address, and fight for, the very real drainage/flooding concerns of their constituents in Todd Estates 2 and Breezewood, who will likely suffer even worse personal and financial consequences as this development goes through as planned. Although they did visit some neighbors who had flooding issues, it was reported to us by those neighbors (who are willing to be identified if necessary) that these concerns were not taken seriously.

If this isn't a Conflict of Interest, nothing is. Both the developer
(Setting) and the attorney representing the seller (Hoffman) were
appointed Chair positions on Exec Meyer's NCC Parks Team.
4) Senator Townsend and Rep Osienski failed to object to the appointment of Joseph Setting as Chair to County Exec. Meyer's Parks Transition Team. They were both aware that Setting had a vested interest in developing the Orphanage Property, and so they were morally and ethically bound to raise an objection, protect their Constituents, and cite that the appt of Setting to this position was a conflict of interest. However, they did not. With the Campaign over, and the land forever lost, Senator Townsend recently went one cruel step further, by claiming that the appointment of Setting was indeed NOT a conflict, because Setting's Team did prioritize the need for Ogletown parkland as #3. We have repeatedly pointed out to Townsend that, at #3, STOP could never become a reality in time to stop the bulldozers. And it was the very last chance at a regional park, given the lack of significant open space inventory both here and throughout most of NCC today. Mr Setting's (along with Michael Hoffman, an attorney representing the Sisters) appointment to Parks Transition would make absolute sure of that.

5) Senator Townsend and Rep Osienski failed to respond to, or investigate, the legality of the Traffic Impact Study. Sen Townsend said that he read the County Law, and from his perspective, he felt the study was acceptable. Advocates -- one of whom served 13 years as Chair of the NCC Planning Board -- brought forth claims that the TIS was flawed and incorrectly recorded to exclude failed signalized intersections that, by law, must be included. This means that, by law, building over 50 units in total would be illegal -- and so the development can be, and should be halted. Despite numerous pleas from Advocates imploring them to investigate this claim and object to the project on that basis, both refuse to address this issue. Senator Townsend also stated to Advocates that the development would have virtually no impact on Rt 4's already failed vehicle Level of Service (LOS).

We hope that you will consider all of the points presented here, and that you will re-read their Timeline and conclude for yourself what we have already concluded - that, no matter what they say otherwise, these legislators failed their Constituents by not acting at an earlier date, in time for this project to be halted before it was too late. We believe that their failure to do so ultimately contributed to this development progressing to a point where it was too late to stop it from happening. Their efforts came too late, and contributed to the loss. And we believe that, for this, they must take responsibility and answer to their constituents.

Thursday, February 22, 2018

NCC, DelDOT appear resolute in accommodating Chestnut Hill "Preserve"

NCC Exec Matt Meyer, serial liar
Last update from the STOP Campaign -

We have bad news to report. We have been told that NCC is resolute in wanting the Orphanage Property developed, meaning that a way will be found even if the 269 unit plan appears blocked on all sides. DelDOT has informed us that a simple curb-cut on to Rt.4, in one direction only, will suffice if the other options (Waverly and Gender) remain contested. We were not aware of this; we were told on several occasions that bi-directional access to Rt.4 was required. Assuming that the Adverse Possession case succeeds (odds are it will), and Holy Family doesn't sell or give an easement, and Waverly is saved, then the main (and only) access road will simply come off of Rt.4 in the eastbound direction. We surmise that DelDOT will "improve" signaling at Pearson (Todd Estates) to accommodate the increased U-turning traffic at that intersection, being the closest. Obviously, we're not engineers, but really, what other option would there be?

This, today, from DelDOT Planning:

"DelDOT sees value in developments having access to more than one road. Section 3.5 of our Development Coordination Manual addresses what we refer to as connectivity. However, if a property has frontage on just one road, our regulations do not prevent, or necessarily limit, its development"

Today, from Senator Townsend:

". . . preliminary word from County is that they do not intend to block this development on the grounds of having just one entrance off of Route 4. Ed [Osienski] and I are digging into the issue to figure out who has the actual decision making authority, so we know whom to contact."

So, this probably explains why construction is continuing unabated. Mr Sipple knows he'll be accommodated, even if it takes bending a few rules. For whatever reason, those in authority absolutely do NOT want our region to have a regional park; instead choosing for us all the ills that STOP has spent nearly 3 years writing and advocating about.

Rep. Ed Osienski was right; if only we had listened to him in 2015 when he would shake his head at meetings, repeating "it's going to happen; it's going to happen. It's abundantly clear now that the decision was already made, years ago. Had the Community been been made aware of this impending disaster back in 2013, when our Legislators knew that the possibility existed, we have no doubt whatsoever that it WOULD have made a huge difference, and quite likely produced an entirely different outcome.

The Orphanage Property developer himself, Joe Setting, along with a land use attorney from the firm representing the Felician Sisters, both served in influential positions on Exec Meyer's Parks Transition Team. They relegated Ogletown to third priority for a regional park, all but assuring their development will go forward. The Orphanage Property represented the last opportunity where suitable open space inventory is concerned.

Tuesday, February 13, 2018

STOP Update: Construction rolls on despite AP Claim

Blogger's note: The description of this suit as an "injunction" was an error and has been corrected in this post to reflect "AP claim".

According to residents on the scene
right now, the construction is rolling forward. It was thought that activity would cease until there is a resolution and the plans redrawn. For example, the proposed access road that is now under lawsuit for Adverse Possession (AP) splits two retention ponds. Work is continuing on in this exact spot as we write. Therefore, Bob Sipple and co must be pretty confident that they'll prevail against the resident.

Based on the little we have seen and been told, there are very few options to legally connect the Chestnut Hill "Preserve" to Gender Road if the resident wins his case. One is to ask Holy Family Church for an easement, or to purchase right of way (ROW) through their existing property somehow. The other, that will surely draw mass opposition above all else, is the original plan of connecting to Waverly Rd in Breezewood, or Lynch Farm in Todd II. This would use existing neighborhood streets in those communities as through roads. A simple "curb cut" on Rt.4 is unacceptable by DelDOT regulations, given it would not have 2-way access. And that is all that remains.

Again, Mr Sipple must be pretty confident of his good fortune, or construction would have stopped by now. The claim was filed on 2/6, and the property in contention covers the stand of forested area that the access road penetrates alongside resident's yards. It would all be cleared out, and the road ROW placed directly alongside residents backyards.

The new parish under construction would appear to block any potential of simply moving that ROW northward and on to Holy Family property. Minus the Waverly option, using the Church parking lot would appear all that is left. If courted, and offered enough of a "donation", will they do it? Would the Catholic Church, albeit a different diocese, deny yet another chance at doing the right thing by its neighbors? We hope our legislators have the fortitude to notify Advocates and residents as these moves play out. That remains to be seen, though.

The ideal outcome and the overwhelming favorite of everyone involved is a simple one; our legislators say "enough is enough". They begin lobbying their colleagues on the Bond Committee for emergency buyout funds, and begin drafting a buyout proposal that compensates Mr Sipple for the value of the land (minus the affordable housing, of course) and the work that has already been committed. The work that is being done now, actually -- drainage and grading -- is readily adaptable for use in a regional park, and needed to protect residents from future flooding in any case.

That is all we have for now, everyone. Do not forget that your State and County legislators work for YOU; not the builders, the developers, trade orgs, land use attorneys, or any other fat cats that load their campaign coffers. You have every right to contact them and demand an update, and demand that they must stand firm with the citizen's best interests in mind, NOT special interests.

Bob Sipple himself delivers eviction notices to Breezewood, Todd 2 residents

By Angela Connolly --
There's nothing worse than getting someone else to do your "dirty work" for you, but that's exactly what Councilwoman Lisa Diller has done. STOP Advocates were notified by a Breezewood resident, whose property backs directly to the carnage, that a letter was placed in his mailbox a few days ago. The letter was from none other than Bob Sipple, the developer of the Orphanage Property.

Mr. Sipple told the resident that Councilwoman Lisa Diller "suggested" that he walk around and deliver these letters to these residents. Well, this resident called Diller's office, and spoke to Susan Moore, Diller's Aide. Ms Moore claimed to know nothing about what is going on with the property, despite a formal notice of injunction filed a week ago, putting a stop to the construction -- for now.

The District's Councilwoman would be (and indeed should be) intimate with every phase of this nightmare, but apparently she's not. The resident felt that Diller herself should have delivered the letter, either alone or accompanying Mr Sipple. But given the overwhelming blowback this project has generated, it's obvious to most that she is avoiding her Constituents, and will go on ignoring their very real concerns.

Why not give her office a call at 302-395-8345, or e-mail her at Let her know that you don't appreciate this gross disconnect, and her lack of concern for the devastation that her inaction has caused. She has not acted on the best interests of her Constituents, and her inaction has contributed to this tragedy, which could have been avoided had she been a strong advocate for STOP.

"Friendly Bob" even offers to help squatters, some with adverse possession rights no doubt, relocate. What a guy.