Rep Baumbach to host Matt Meyer at constituent meeting, Wed 1/31

Slick on the part of Exec Meyer to give Reps Baumbach a 7:30 a.m. time slot on a Wednesday for his monthly constituent meeting, to discourage as many folks as possible. After all, Ogletown is only a stone's throw away, isn't it. This is still a MAJOR opportunity, everyone, for Ogletown residents and citizens in general to bring signs, even just the yard signs, and stand there silently (or loudly!) protesting.

By defeating STOP, what Meyer has committed us to is unspeakable, unconscionable, unforgivable. It will be in our face every day, all day, as we commute, recreate, run errands, etc. There are actually a few unlikely scenarios that can still stop this Chestnut Hill "Preserve", but they're not looking likely at this point. In the meantime, work on prepping the land for this ultra high density development will continue for some time, before the building permits are issued.

What is the likelihood you can attend? Leave for work early or go in later? Mr Meyer may not come around our area this close again, for a long time. And you know full well that Rep. Osienski or Diller won't invite him.to their constituent meetings on the first Friday of every month! Heaven forbid.

TIME/LOCATION: Greene Turtle Restaurant on S. Main St in Newark, not far at all. 7:30 a.m. on Wed! Please message the STOP campaign on Facebook, or email STOP@1stbikes.org if you are planning to go!

STOP holds State legislators equally accountable. Here's why

No nonsense Rep. John Kowalko, Newark

By Angela Connolly, STOP Admin

Surely, Sen. Townsend and Reps. Osienski are angry and upset being lumped in with Meyer and Diller. We know because they told us as much in past correspondence. In their minds, they did their part by convincing the Bond Bill Committee to set aside $1.25M in the event NCC (Meyer) came through in a deal with the Nuns. So yes, in that regard, one can say that County (Diller/Meyer) is more at fault.

But here's the conundrum; that doesn't change the fact that both legislators knew years in advance that the Nuns were looking to build, and they NEVER brought it to the public's attention. Each time we have confronted them on this fact, they answer "well, we didn't think it would happen" or "we didn't think they could get a plan approved". What they should have done was recognized there was a threat, and immediately understood the invaluable opportunity they had to do something great for their districts. THEY didn't do that, they didn't see the value in preserving this amazing open space as a public asset. So we're sorry they feel this way, but by default, they must be held accountable just like Diller and Meyer..

And again, as said, they will come together in the end. If Meyer's job is threatened, they'll come full tilt to aid and assist his campaign. That is just the way it is; both major parties are loyal to their own, no matter how hideous the incumbent or candidate may be. It is foul and disgusting that they refuse to stand up for what's right, on their own, and shun fellow party mates if it comes to right vs wrong. Shame, shame on them for this disaster now being foisted on us, that comes down to party loyalty.

When something is this important to the community, the constituents, the entire region, you find a way to GET IT DONE. PERIOD! There is absolutely no excuse, especially when, in relative terms, we weren't talking about a lot of money! When you look at the expenditures NCC puts out, including $30M for a library on Rt.13, Ogletown County Park (STOP) was going to cost the County 10% of that -- 10%! ($3M) when factoring in State and donor funds!

This was purely a grab for developer interests; Exec Meyer had to deliver results to all his developer and land use campaign donors; STOP was only the first casualty, plenty more to come. We'll keep you posted on Cavaliers; Meyer et al are surely licking their lips!

Councilman Bob Weiner's website is chock full of news concerning land use issues. He updates his constituents constantly on all the latest projects. Not to tout Bob, but had we had this level of "representation" in Ogletown, we would have known well in advance of the Chestnut Hill "Preserve" and had a MUCH better chance of stopping it.

Meyer, Ogletown-S. Newark Legislators are a disgrace to democracy

A 2.5 year exemplary citizen advocacy campaign to save the Orphanage Property (OP) in Ogletown in its natural state, and to truly preserve it as a future regional park has finally ended. Multiple windows of opportunity for buyout were -- time and time again -- refused action by our legislators on both the County and the State level.

It is estimated that, judging by a 1,100+ following on social media alone, Save The Orphanage Property (STOP) had many thousands of area residents that were backing the campaign. No fundraising took place, and no memberships were offered; it would be the truest of grassroots efforts. Despite such widespread and enthusiastic support, no amount of action or visibility on the part of residents and citizens counted toward democracy -- and in light of a broken Unified Development Code, the rule of law. It has become painfully clear that, from STOP's earliest beginnings, fate was already decided. Councilwoman Lisa Diller, State Rep Edward Osienski, and Senator Bryan Townsend were well aware that development of the OP was coming as early as 2013, and kept it a secret from their Constituents until it was too late.

Shortly after news of the CHP was leaked, Councilwoman Diller was forced to call an emergency public hearing. At least one is required by County law for any major plan. In July 2015, hundreds of area residents came out to Holy Family Church and were shocked and dismayed to find out that the CHP was already well advanced and would be difficult to stop. Had she, along with our two State Legislators brought this to the public two years earlier, it could have been an entirely different outcome. A way could have been found to provide the Felician Sisters with their 60 units of affordable housing, which the STOP Campaign supported, while preserving the bulk as a regional park. The Nuns at that time had even favored such an outcome over the development.

Immediately after this first and only hearing, "Save Ogletown Pond" (SOP) grew exponentially, with the immediate goal of steering any development away from the "Ogletown Pond" critical habitat area. The developers did comply and adjusted their plan to the west and closer to Breezewood. But the larger goal did not stop there; it was soon obvious that everyone wanted the entire parcel for dedicated open space, wetland protection, wildlife buffer, and ultimately, a regional park. The Ogletown-S. Newark area is devoid of such a facility, that could be walkable, jogable, or bikeable from their homes. Those closest -- Glasgow and Pike Creek -- are a 20+ minute drive for most, which contradicts Gov Minner's "Livable Delaware" and DNREC's "Trails and Pathways" initiatives (among others). The Orphanage Property represented the last potential green space that can be designated, and in the process, it would prevent some of the horrific damage being done to Delaware's bio-diversity and wildlife habitat according to a recent report authored by Senator Stephanie Hansen. That chance is now gone due to political apathy and indifference, and a shunning of "We The People".

County Executive Matt Meyer

The amount of dishonesty and half-truths by these legislators was staggering. They did a superb job at keeping advocates in flux, confusion, in darkness and not knowing, and having to guess who was on the side of truth. Councilwoman Lisa Diller insisted all along that the property was not for sale, and for all intents and purposes, she was "done and finished" with any notion of a buyout. She made that clear in meetings, and in writing, in one of her e-newsletters. That simply wasn't true, because as seen, it was later sold to developers. The onus then shifted to NCC Exec Matt Meyer, who failed to produce a buyout proposal that was acceptable to the Felician Sisters. During that time, Senator Bryan Townsend repeatedly said that Mr Meyer threw away several windows of opportunity.

Because it was Mr Meyer who was meeting with the Sisters, not the State legislators -- who were either prohibited or unwilling to participate -- advocates had no conduit and thus no way to know if progress was being made. In a leap of faith, they chose to put their complete trust in Senator Townsend, who claimed to be in regular touch with the Sisters and thus, receiving their updates on negotiations. The news was not good; Mr Meyer, according to Townsend, had bungled repeat buyout offers by not meeting several basic demands that he and the Sisters had verbally agreed upon. He simply wasn't "going after it" with the heart of someone who really wanted a park for Ogletown. He had an excellent deal in the palm of his hand, with a huge multiplier in State money, but simply wouldn't close it. This was the news coming back to advocates with repeated calls and emails from the State Legislators, mainly Senator Townsend.

In the time that ensued, the announcement came through that the Sisters sold the OP to Robert Sipple, a major land developer. With Ryan Homes, he is currently heading up the controversial LaGrange development along Rt.40 in Glasgow, where they are fighting to develop a "permanently" protected historical area (more on that in future posts). Advocates re-organized and thought it best to contact Mr Sipple directly, and ask for a meeting to find if there was a price that he and his people would accept in a buyout proposal. A non-STOP advocate (who chose not to be identified) made contact with Mr Sipple through Joseph Setting of Setting Properties. Mr Setting is the developer that was cited by the Wilmington News Journal as the developer of the OP just shortly after the CHP was leaked and then announced in 2015. He continues in two LLCs that are associated with the development of the OP, which runs contradictory to his claim of being disassociated.

The meeting took place around lunch, with Senator Townsend in attendance. Apparently, Rep Osienski was unable to attend for medical purposes. Or so he says. There was no agenda, but Mr Sipple quoted a figure of $7.14M that he thought would be an acceptable buyout cost, but that he would need to meet with his partners to discuss. Little is known about the meeting beyond that, but Senator Townsend insisted that his repeated calls and emails to Mr Sipple since then had gone unanswered. It is his opinion that Mr Sipple's lack of confidence in NCC is what has him now moving forward with the CHP as opposed to any thoughts of selling.

Representative John Kowalko (Newark)

As it turned out, Advocates did learn that Exec Meyer had agreed to bring 1/2 the buyout price before NCC for a vote, which if successful, would make the OP a State and County purchase as originally hoped for. Unfortunately, Mr Meyer also said that he wanted no part in negotiations with Mr Sipple or any logistics in a buyout. That alone ended any notion of County involvement, financially or otherwise, because any deal on this scale must come at the County level.

Complete silence from all parties would follow, with the exception of one instant message from Exec Meyer on the evening of Jan 17 putting his $3+M offer in writing. His language suggested he was naive about the current situation, and questioned if the Bond Bill funding had come through on the State side. Nothing he said indicated he had spoken with Senator Townsend or Rep Osienski. He further suggested that it was their failure to progress that held things up. Meanwhile, Townsend replied "I have seen email communications from Meyer that are not at all a rosy picture of support for [STOP]. Meyer (of course) says he supports [the buyout], but then goes on to say how the County can't afford to participate."

As of 1:30 p.m. on Thursday, January 18, 2018, surveyors set up camp on the OP. They are beginning the drainage and utility mapping for 270 homes that are now sure to come. The CHP is anything but a "preserve", but in a complete oxymoron, that is what they call it. This super high density development will completely fill in the region's last remaining wildlands and open space that is suitable for a deserved regional park. Construction will soon be underway, with no apparent way to stop it.

We will now summarize some key aspects of the STOP campaign, and why things turned out the way they did.

Councilwoman Lisa Diller

• Councilwoman Lisa Diller declared herself detached and unwilling to champion the cause, insisting all along that the land was not for sale. Executive Meyer was not a sincere proponent of STOP either, and kept finding reasons not to commit. Was it because he accepted maximum campaign contributions from numerous developers in Delaware? He also appointed Joseph Setting, a campaign donor and developer of the OP (according to the Wilmington News Journal), to serve as Chair of his Parks Transition Team. Mr Setting's role was a direct conflict of interest, giving him significant influence and input over where NCC parkland was prioritized. He remains vested in the property today via two LLCs.
• The Dept of Land Use (DLU) will be issuing illegal building permits for 269 apartments, townhomes and large-scale homes as part of the CHP, probably by Spring 2018. According to the Unified Development Code (UDC), if a project fails its Traffic Impact Study (TIS), it is not permitted without traffic level of service (LOS) improvements funded by the developer.   

• In the case of the CHP, DelDOT expanded the scope of the TIS by six intersections, two of them in grade "E" failure mode based on 2010 study data. Today they are likely "F". Ironically, the author wrote that these were to be omitted, however, UDC section 40.11.124 states the contrary – that DelDOT's recommendations are equally relevant. Therefore, issuing building permits is illegal. Repeated attempts to contact Mr Richard Hall, Manager at the DLU, have been made, and are still being made, to no avail. Advocates need to see in writing where in County law that the DLU or anyone else has the authority to override TIS regulations when the transportation system is already overwhelmed, or otherwise exercise discretion over how it's carried out. Mr Hall, at rehall@nccde.org, refuses to reply.

  

  Representative Ed Osienski

• Rep Osienski, Senator Townsend, and Councilwoman Lisa Diller all knew that the Nuns were pushing for development as far back as 2013, but didn't think they were serious and/or would succeed at getting a plan approved. They didn't think anything would happen, and did not see the land for the invaluable opportunity that it was. They never considered land conservation in their districts, or securing a regional park for the people to enjoy and be proud of. By 2015, the CHP was far along in the planning, and their constituents had no choice now but to be TOLD what was coming to their community, instead of an appeal for comments and public input as is typical in the beginning stages of any major project. All three Legislators failed to inform and engage the Community in enough time to work together to help the Sisters realize their goal of creating affordable housing, while finding a suitable way to preserve the rest of the land. This tragedy could, and should have been avoided, through effective communication by our Legislators, with their constituents and with the Felician Sisters.
• Approval of the CHP is a major blow to several Delaware initiatives intended to save our environment, fight climate change, and promote walkable, bikeable, and livable communities. The justification for a buyout of this land was overwhelming, and should have been jointly embraced by County and State Govt. During the STOP campaign, advocates also worked hard, and showed strength in numbers in Dover, at Bond Bill hearings, to promote funding for programs that include 10-9, or $19M, that is supposed to be included in the budget for open space and farmland acquisition and/or development rights -- by law. This was denied. Then advocates fought for open space as a plank in the Democratic platform, and that failed too. With Democrats in control of most of Delaware's legislative bodies, it would appear that open space and parkland is not their priority, and not to be funded or fought for.

Whether or not it was a vested interested in the Chestnut Hill "Preserve" (CHP), corruption, or simple indifference, one thing is abundantly clear; the loss of STOP was a colossal failure of political will and competence. The Ogletown-S. Newark region was already known to be dis-enfranchised in matters of community, place-making, and local access to quality regional parkland facilities. What has taken place here only cements this issue further, and in a way that can never be reversed. The goal now must be to replace these lawmakers with just and competent leaders who will listen to, and respect "We The People". November 2018 is not far off.

Save The Orphanage Property 4th and final Press Release

STOP has finally reached an end; Ryan Homes moving forward with Chestnut Hill "Preserve"

On Dec 11, Joe Setting and Bob Sippel (the developers) were taken out to brunch, basically getting them to the table. The goal was to find out if there was still the remotest possibility that they might consider a buyout offer for the Orphanage Property. It became apparent that both were sympathetic to the cause, and willing to consider a sale price of just over $7M. And with that, the County and State would be gifted another chance to negotiate a deal.

Unfortunately, this did not materialize in writing due to, again, lack of County commitment. New Castle County Executive Matthew Meyer was heard saying that he would consider $3M for County Council to vote on, but wanted no part in the buyout or logistics in any agreement. As the State is ill-equipped, this would leave nobody to oversee the transaction.

Despite the County, it appears that over half of the needed funding had come together on the State side, but without NCC contributing in the manner necessary, it simply wouldn't happen. Councilwoman Diller has put no known effort into convincing Meyer or her colleagues of the importance of pursuing STOP. When it comes to political will, there is nothing we as citizens can do to change it, except in the voting booth, after it's too late. And even then, by virtue of how districts are gerrymandered, even Mrs Diller as an incumbent is considered "safe" for future terms in office.

As seen early on during the first sale opportunity with the Felician Sisters, nothing in either Diller or Meyer's actions suggested that they want STOP to happen. And now, despite the gift of a second opportunity, they have chosen to run out the clock instead.

While the State has appeared the hero in all of this, it cannot be forgotten that all of STOP's district electeds were aware of the Felician Sisters attempts to develop the property as far back as 2011. No one seems to recall any of them bringing this to the community, its leaders, or the press as a "code red". They did not see the value in any of the points and arguments that STOP presented over the last 2 years. Had it been put on the radar, even in 2013, we would have worked under Exec Gordon's watch well before this Chestnut Hill "Preserve" was even conceived, and very likely achieved the outcome that Ogletown so desperately wanted and deserved.

The pre-construction meeting between NCC Land Use Dept and Ryan Homes (builders) took place yesterday. Earth movers are expected to commence clearing, grading, laying the roads, and digging the utilities in the coming days or weeks, according to the DLU. Actual building permits will come in May.

The dream of doing something great for the community is over, and will soon be replaced by a nightmare that nobody wants. Gone is bringing folks together for the sake of the planet, to preserve our quality of life, and address the need for place making in Ogletown. Now, the region will never be the same, nor will they ever have another chance at something like this.

Political will remains the final hurdle for STOP

Here is the current (potential) buyout situation for STOP. The campaign continues, despite dangling by a thread. Much of these details have been posted on the organization's Facebook page in recent posts:

Verbal sale offer from developer of $7.14M (still need that in writing)

• New Castle County Exec Meyer claims he's still in it with a $3M co-pay (need that in writing), but traditionally, the County -- at the very least -- splits the total cost in a joint buyout with the State. NCC should handle the actual sale proposal and agreement, and from there, any zoning or other DLU issues and then it becomes a County or Regional Park. But Meyer is signaling that, since the fallout with the Nuns (along with Advocate's publicizing/politicizing his developer ties), he wants no part in the logistics.
• Assuming the developer will not wait until June when the Bond Committee meets and can vote on funding, and Meyer doesn't commit in writing to bring at least $3.57M (or half the buyout price) before Council vote, Sen Townsend and Rep Osienski will likely go before the BC as early as Jan (next month) to make "an impossible ask" of full State funding for the property.

What needs to happen?

• Developer commits to selling for $7.14M (or other, reasonable) in writing, along with any other asks, such as payment timeline if such is allowed. Senator Townsend is attempting contact now to confirm this is coming.
• Exec. Meyer commits in writing to bring half the buyout cost before NCC asap, and handle any logistical aspects that only the County can.
• Townsend and Osienski go before the Bond Committee in Jan (soon) and make the request for a "mini" bond bill to line up the funding, the best chances coming with progress on the above two.

Other notes:

• We are told that the ~$1M in donor funds originally set aside for STOP is no longer available, having been put toward Beaver Valley.
• The status of the original $1.25 set aside in the Bond Bill (since Exec Meyer negotiating) is not known. If it still exists, the ask would be that much less.
• It is not clear if anything remains set-aside from the Open Space Council, which was originally in for $0.25M.
• Though the developer has indicated a sale possibility, it is going to be more difficult as compared to the Felician Sisters. For one thing, the option for a multi-year buyout is all but lost, at least barring high interest.

STOP Advocates will forever insist that political will has been the #1 obstacle. That, and a "charitable", very wealthy, religious organization that placed financial gain over the greater good. Few words can describe.

We, as citizen advocates, have left no stone unturned, with every one coming up an epic fail. For those of you joining us later, this also includes the 10-9 campaign, and open space as a plank in the Democrat party platform.

The fight for justice in this matter must go on. Email us ASAP if you can be available to join us in any upcoming rallies, demonstrations, or other presence that may be needed, i.e. during a legislative vote on funding: STOP@1stbikes.org

Is Meyer's Fundraiser a lure for development interests?

Advocates can't help questioning if New Castle County Executive Matthew Meyer has geared recent land use events to coincide with his first fundraiser on December 7. There was that ridiculous "Panel Discussion on Traffic Impact Requirements for New Development" on October 18th, where multi-modalism was discussed as the possible answer to relaxing traffic LOS standards. Advocates in attendance were forbidden from asking questions aloud; only via index card.

It could easily be felt that Exec Meyer has "strutted his stuff", where putting the brakes on open space and farmland preservation efforts is concerned. He threw away the Orphanage Property, and allowed millions in federal acquisition funds to expire. Added up, it's the ultimate lure for development interests and gaining top dollar at a fundraiser.

These are very sad times we live in for saving open space in NCC where it's truly needed. Based on the evidence so far, expect little or no support from Mr Meyer when it comes to using County funds for acquisition efforts -- regardless of how critical. And this comes at a time when, according to the Democrat's own Stephanie Hansen, we are facing a "state-wide ecological extinction".

Funny that the initial invitation (below) showed that it was possible to donate as much as $1,200 per head to the Meyer campaign, but this is illegal -- and later corrected. The maximum allowed by law for a County candidate is $600. Never the less, it must be pretty dire if a fundraiser is already needed in the first year of his first term.

More to come, we're sure . . .

Save The Orphanage Property 3rd Press Release

With the loss of the Orphanage Property, and with that, what appears any possibility of a regional park for the entire Ogletown-S.Newark region, it is important that we continue to document exactly what went wrong, and hold those in charge accountable. Issuing a press release is an excellent way to do this, and reach a maximum audience including the media.

Whether it was a vested interested in the Chestnut Hill "Preserve" (CHP), corruption, or simple indifference, one thing is abundantly clear; both property owner and political will was lacking. The Ogletown-S. Newark region was already known to be dis-enfranchised in matters of community, place-making, and local access to quality regional parkland facilities. What has taken place here only cements this issue further, and in a way that can never be reversed.

View the official press release in PDF

Top 15 reasons cited for Saving The Orphanage Property

With past News Journal articles backing NCC Executive Meyer when he speaks of similar parkland needs in Southern New Castle County (NCC), it is important to note that the Save The Orphanage Property campaign was never just about a much needed locally accessible regional park (tho' that is high on the list). Here are the TOP 15 other reasons we gleaned from hundreds of our follower's comments, emails and messages, in no particular order:

• Furthering the threat to endangered species and biodiversity
• Aggressive and oppressive traffic congestion on Route 4
• Paving over a vast and impermeable high water table
• Displacing and degrading high quality wetlands
• Deforestation in an era of rapid climate change
• Light and noise pollution
• Loss of community walking and biking trails 
• Wildlife habitat loss
• Increased emissions and 2+C of global warming
• Inevitable increases in property and school taxes
• A recreational need for area children given the loss of Vince's
• Approximately 17,000 unoccupied homes in NCC
• Loss of property values
• Degradation of existing, surrounding neighborhoods
• A decrease in overall quality of life

Senator Townsend just wrote to us Friday Nov. 17, with several key stakeholders in CC, and had this to say:

"I have been informed that the sale [Sisters/Developers] closed today. Though we’ve known for many weeks that this was likely to happen, it still is deeply, deeply saddening that such an amazing opportunity for the Rt 4 community was missed. Thank you for all your efforts; we would not have made at as close as we did without them."

We thank the Senator for his communications; he has been consistent in his contact with us. But it just can't get any more disgusting. A select few that are anointed to look out for us 'mere mortals' have made a decision that will forever change an entire region for the worse, and it can never be undone. We remain speechless, stunned at what amounts to a total breakdown in Government leadership, combined with blatant hypocrisy within the Catholic Church. Words escape us.

STOP: County at fault, but State Legislators not blameless

It is no secret that Councilwoman Lisa Diller stated "I'm done, I'm finished!" multiple times in reference to a regional park instead of high density housing development on the Orphanage Property. Before the battle was truly lost, and the sale finalized, she circulated a letter of defeat to her 5th District Constituents, unwilling to support Save The Orphanage Property, instead firmly supporting Executive Meyer in his refusal to budge one dollar above the property's appraised value. There is no doubt that a major reason our campaign failed was lack of County support. However, the County aside, some of you have written to us, asking if our two State Legislators share responsibility for the STOP fiasco, and you ask if they could have worked harder to save the land. Here are several thoughts.

• Representative Osienski and Senator Townsend (along with Councilwoman Diller) all knew that the Nuns were pushing for development 2 years (in 2013) before hundreds of angry residents converged on Holy Family Church for the meeting in July 2015. We have heard it said that their awareness of the possibility of development stretched as far back as 2011, but for that we lack written evidence. By 2015, residents faced no choice but were TOLD what was coming to their community, instead of an appeal for comments and public input as is typical in the beginning stages of any major project. All three Legislators failed to inform and engage the Community in enough time to work together to help the Sisters realize their goal of creating affordable housing, while finding a suitable way to preserve the rest of the land. It has been argued, didn't the Sisters have the right to sell their land? Absolutely. Did they have the right to hasten an already disastrous traffic/drainage nightmare and destroy critical habitat? Absolutely not. So, this tragedy could, and should have been avoided, through effective communication by our Legislators, with the Felician Sisters. 
• Rep. John Kowalko announced recently that a mere 8 acres of habitat area on W. Chestnut Hill Rd was threatened in his district. He immediately moved to action, informing his Constituents of the situation, and working with them to save the land from development. That's what effective community servants do. STOP should have been high on our Senator and Representative's agendas. That they never saw this coming, or thought that their Constituents would accept it, is troubling, to say the least. We elect officials to look out for our best interests. They must do their jobs so that we can live our lives, work and raise our families without having to fight detriments to the community. 
• It should have been intuitively obvious well before 2015 that development of the property would be highly controversial and face fierce opposition, especially with any kind of high density and/or low income housing. If for no other reason, the land is used now as a defacto regional park, with area residents walking, playing in the fields, biking, and hiking back in the woods with their kids and dogs. Constituents have been showing all along what the best use of that land is. But no one listened to them. 
• Executive Meyer insisted that the State NOT participate in negotiations with the Felician Sisters, and, like a spoiled child, he got his way. Since over $1M Bond Bill money was allocated toward the purchase, could State Legislators have legally and/or forcefully demanded that they too attend at negotiations? They didn't apparently. We know that Senator Townsend had a good rapport with the Sisters, speaking with them almost daily towards the end. The Senator also understood what the Sisters were trying to convey to the County with regards to their contract needs. Had he insisted to be allowed to help negotiate, this might have had a different outcome.
• It is true that Senator Townsend and Rep. Osienski worked to gain funding from the Bond Bill Committee to be used towards the parkland purchase. This did indeed turn the tide, and give a glimmer of hope. However, it turned meaningless when negotiations, by the fault of County Executive Meyer, broke down. Could they have gone back to the Legislature, and asked for additional funding to lift the offer further, to the point where the Sisters would have felt more confident in a buyout? This is not unheard of, and has plenty of precedent. But it would have required them to put aggressive pressure on Exec. Meyer to negotiate seriously. 
• Could they now draft legislation, and sincerely petition their colleagues in the General Assembly to revoke NCC's right to absolute control of land use matters, particularly in high profile cases such as STOP? New Castle County Council is a disgrace, whose members think that horrible decorum, shouting at each other in the Chamber, and displaying a gross disrespect for proceedings and each other is acceptable. With the exception of Councilman David Tackett, who was respectful to us and wanted to help us, no one on Council was willing to support us, but then, with the District's own Councilwoman weak in her own support, that was no surprise.

Sister Mary Christopher Moore

It is obvious that every level of government has failed us, along with a very wealthy "charitable" organization (Catholic Church) that claims to uphold christian values. They are clearly in contempt of their own church leader, who supposedly teaches the greater good over greed and profits for the few. It's no wonder that STOP was doomed from the very start, because the wheels of destruction were already turning. And like a runaway train, it was impossible to stop this plan from going forward. In spite of a exemplary campaign based upon facts, and supporting data, we could not stop this madness.

The last remaining advice we have for our followers is to become politically active, and whatever your party affiliation, vote the incumbents out of office. Write letters, editorials, create blogs, start Facebook pages, become active on social media. Get to know, and talk to, your neighbors. Use everything you have learned about this travesty from our pages. If we do not, STOP will only remain a regional issue, and quite frankly, they won't need us to win primaries and keep a hold on power.  Do not forget, ever, this evil tragedy that unfolded in our community, based purely on profits and greed, and hold responsible everyone who allowed it to happen.

State must act if NCC issues building permits for Chestnut Hill "Preserve"

Senator Bryan Townsend

Given that our State Legislators have declared STOP's (Save The Orphanage Property's) fate as purely in the hands of NCC, several of our more experienced followers are disputing this claim. Some are advising that, in light of obvious corruption and the level of embarrassment this campaign has caused, both Senator Bryan Townsend and Representative Ed Osienski draft legislation right now that proposes a return of State control over land use decisions. Or at least high profile cases, perhaps as a type of "Veto" power.

Rep. Ed Osienski

This is entirely justifiable given that DelDOT controls 90+% of all roads, and probably about 100% of critical roads (primary, main roads). Even though we are certain Vic Singer's allegations are on solid ground, it appears needless and inefficient that two different agencies are charged with performing a Transportation Impact Study (TIS), ultimately leading to the kind of enforcement issues we're seeing now.

One of our followers had this to say:

"Only DelDOT is actually in charge of the performance of the TIS even though the two agencies together are supposed to decide the design of one. They are turned in to DelDOT if their people do not do them directly. It reviews the initial work, then tells the firm that did it what needs to be improved and that firm tries again until they get it right. That's why it was so unusual that [George] Haggerty did not accept DelDOT's modification to the work of the firm that did the TIS on Route 4".

George Haggerty

This would indicate that Mr Haggerty is responsible for adding language to our TIS that made sure to exclude the nearby failed intersections of Salem Church Rd and :Library Ave as relevant. This is completely irregular.

Stay tuned as we continue to monitor whether or not building permits are issued. 50 housing units is the maximum allowable under the Unified Development Code (UDC), given the failed level of service at intersections out on Route 4.

Drilling down on the Chestnut Hill "Preserve" TIS

Save the Orphanage Property (STOP) Advocates continue fielding questions from concerned New Castle County citizens over the Traffic Impact Study (TIS) for the Chestnut Hill "Preserve". Folks want to know why the Unified Development Code was disregarded in the approval of the project by the Dept of Land Use (DLU) and the NCC Council. As a result, only two steps remain before demolition and construction will begin; closing on the sale of the property with the developer (presumably Joseph Setting II, or involving his company), and then NCC issuing the building permits. According to Senator Bryan Townsend, closing is expected by the end of this week.

The way we see it, the developer will be doing this at their own peril. The TIS is flawed, with DelDOT's findings excluded in the scope. According to Vic Singer, this is irregular and inconsistent with County law:

Victor Singer (13 years former
Chair of NCC's Planning Board)

The area of influence, under UDC Section 40.11.124, needn't extend beyond the third intersection in any direction from any access/egress feature of the proposed development unless the Land Use Department and/or DelDOT expand the scope at the scoping meeting.

For the Chestnut Hill Preserve TIS, DelDOT did indeed add six intersections to the TIS scope, to include the Route 4 intersections with Salem Church Road and Library Avenue. And a 9/9/2016 DelDOT letter (with copies to the LU Department) reminds the TIS author of that addition and acknowledges the author's and DelDOT's finding that both above-mentioned intersections would be well into the "E" LOS range, and that no remedial system improvements are contemplated. (read Vic's entire essay)

Here are the adjustments needed to fix the TIS:

It should also be noted that Vehicle Miles Traveled (VMT) was down significantly in 2010 due to the great recession, and gas prices were approaching $4/gallon. People were consolidating trips, using other means, and/or driving less in general. If these intersections were a grade "E" in LOS in 2010, it's a virtual certainty that they're an "F" now (for a simple chart showing each grade and the delays involved, open the CMS report and turn to page 3).


As seen in this FHWA trend above, national VMT dropped significantly in 2010. The result was gasoline "demand destruction", which triggered a surplus resulting in the record low (adjusted for inflation) pump prices we are seeing today. VMT since returned to where it left off, and has continued to new record highs.

Above: This interactive map, courtesy of Wilmapco, clearly illustrates Vic's allegation. If we examine the SR4-Salem Church Rd intersection alone, we see an "E" grade fail in 2010 (ditto for SR72-Library Ave). The odds are overwhelming that it would score an "F" if measured today, in 2017. Not that it makes a whole lot of difference, since both letters are a fail and come under the same UDC rules. But it does show how dire the situation is out on SR4, a hospital corridor and evacuation route no less.

Let's hope that God's kindness, love of thy neighbor, charitable giving, and just plain sanity will lead to the Felician Sisters canceling whatever deal is pending with the developers, and go with a NCC/State offer instead. For a whole host of reasons too numerous to mention but thoroughly documented on this website, the correct use of the Orphanage Property is within the public realm, as a regional park.

Editorial: Don't let traffic overwhelm New Castle County

Hat tip to Matt Albright of the Wilmington News Journal, for his willingness to post our editorial in Delaware On-Line today. It is planned to be the feature "DE Voice" column in Sunday's paper. In it, you will see the contrast of opinion to Richard Hall, General Manager of NCC's Dept of Land Use (DLU), who wrote this editorial on the same day. A paragraph from each best sums the difference in viewpoints:

Hall:
Current LOS standards consider only vehicular traffic.  Should incentives be considered for projects that include walking and bike paths, ride-sharing programs or shuttle service to transportation hubs?

Most millennial workers do not want to be tied to their cars. They want to live in mixed use communities, walking between home, work, shopping and entertainment. And those preferences extend to increasing numbers of retirees who want to live in places where they can “age in place,” where they do not need their cars to go out to eat, shop or visit their doctors.

Warnock:
This argument is flawed. While the statistics show that Millennials are rediscovering the cities and driving less than their parents – and we applaud that — the same cannot be said for the suburbs. Any conclusion to the contrary cannot be a valid excuse to weaken or eliminate vehicle level of service as a tool for controlling unnecessary development.

Mr Hall makes some good points. New Urbanism and the incorporation of multi-modal transport definitely has its place, and offers hope for the future. However, these projects are best suited to cities and more urban environments, where populations have tapered off or declined, and the infrastructure (connecting grid streets, traffic calming, effective transit, etc) is already in place and likely under-utilized. These are often referred to as "TOaDs", or, Transit Oriented Developments.

Developments designed to reduce car dependence are not, however, viable when surrounded by suburban sprawl, disconnected streets, non-existent sidewalks, and limited transit services. Most who live in Delaware's suburbs face this predicament, having little choice for even the shortest of trips. They either drive their car, or walk or bike out to a busy arterial road to reach needed services.

Seeing that the DLU is looking to use multi-modalism as a way to relax current Level of Service (LOS) requirements, we wrote the following email to Mr Hall today. We're asking for some study data and/or other facts concerning the success of TOaDs in the built suburban environment, as infill or destroying a region's last remaining open spaces:

Greetings, Richard,

I read your thoughtfully written editorial. We are wondering if you can supply us with any study data or known examples where TOaDs -- built as their own entities surrounded by typical, auto-dependent suburbs -- functioned even somewhat independently. We are looking for examples where these developments -- disconnected from surrounding communities -- still met expectations in terms of new urbanism/multi-modalism, reduced car ownership, and thus reduced or eliminated impacts on roadway/intersection LOS.

As a big supporter of New Urbanism concepts, and someone who bicycles for ~90% of my transportation needs, I am aware of this working out well in existing dense or urban environments. Features like quality Transit, fully connected sidewalks, and calmer, grid-patterned streets are already underutilized or readily adapted for the purpose of multi-modalism.

The message we seem to be getting from the DLU, including at the panel discussion, is that such a concept can be readily applied to DE's vast suburbs without much loss of road system LOS.

Thank you so much and hope to hear from you soon.  --Frank Warnock

It has never been more apparent just how eager Delaware's developers and economists are to hobble NCC's Unified Development Code (UDC), and to stop advocates from using the TIS to limit or halt needless development. Their goal is to fast track their projects, with little or no regard for its impacts on the already overwhelmed roads and intersections that will serve it.

The idea that TOaDs can work in the suburbs as their own independent entity is laughable at best. Virtually everyone who buys into these communities will still own cars, and will drive to their job, to Wal-Mart, to their doctor, and to everything else that can only be reached outside the development.

The Chestnut Hill "Preserve" isn't even billed as a TOaD, yet the DLU all too eagerly relaxed the TIS by eliminating failed signalized intersections in the scope.

Let's hope sanity prevails, and the building permits for this project in its entirety are not issued.

Vic Singer presents legal objections to Chestnut Hill "Preserve"

STOP Campaign mulls Vic Singers allegations over the Traffic Impact Studies and approval of the Chestnut Hill "Preserve"

Clearly, in our previous post and in the CLNCC's newsletter, Vic Singer presents the case for why building permits should NOT be issued for the Chestnut Hill "Preserve". However, as we all know, just having the best paid lawyer(s) can skew the law's interpretation, and decide the outcome in any case.

It's impossible to know what the future holds. Given what appears an airtight case here, and the building permits are indeed issued, it would require finding a skilled attorney (pro-bono, obviously) to present a legal challenge and file an injunction. If someone does step up, it could drag on for years. STOP advocates have already made 3 attempts at finding an attorney pro-actively, and none would touch it given the level of work involved. In fact, one was so intimidated, he literally "got out of Dodge".

As far as STOP is concerned, the campaign for saving the land as the last chance for a regional park in Ogletown is over. The campaign was honorably run, protecting the Sisters and our Legislators from the abusive comments, attacking them, which we would delete from this page. Every objection to the project that we published was researched, and fact-based. And in the end, although the price was almost the same, the Felician Sisters willingly sold to the developers over a few stipulations (supposedly the fault of Exec.Meyer's weak and insincere negotiations) in a sale agreement with NCC and the State. And once the deal is signed, there's no turning back. So, our job is done, simply because outside of the objections that Mr. Singer now presents, we are powerless.

As working class citizens with FT jobs and other pursuits in the areas of environment and sustainability, we have committed every last drop of energy to the effort. The bucket ran empty as our elected leaders failed us miserably. Despite numerous attempts, local civic groups and most key environmental orgs (Audubon Society, Sierra Club, DE Wildlands, among others contacted over numerous times via e-mails/phone calls) ignored our pleas to endorse the campaign. They expect now that we're going to step back, and quietly accept this project in its entirety. There is no real guarantee either that more could be built in the future, in the remaining open space; inland wetlands protections are very weak in DE, and again, are subject to interpretation of law.

It has never been more clear just how disenfranchised the Ogletown-S. Newark region is. We will watch helplessly as what Bond Bill money was secured for the Orphanage Property is likely re-routed to the Newark Country Club, or a Councilwoman Lisa Diller-supported bridge and pathway over the White Clay Creek. Or any number of other such (much needed, yes) projects in areas and regions where constituency matters. Councilwoman Diller's inaction showed Ogletown just what she thinks of us.

We wish Mr Singer all the best in his effort, and can only hope that it helps to delay the development of the land. If indeed County laws were broken, and County Council delivered an illegal approval to the project, perhaps NCC will have another opportunity at purchase. But there have been several already, and now faced with $10M needed to repair a County sewer line, the odds just sunk that much further. And the fact remains that County Executive Matthew Meyer was not a strong enough advocate for this park, ever, and time after time found reasons to prevent it from happening. That, plus the fact the very developer threatening the Orphanage Property, Joseph Setting, was serving as Chair of Mr. Meyer's Parks Transition Team. We will never understand how this obvious conflict of interest was tolerated, because in his position, he had significant influence over where and how parkland was prioritized.

You can also read Vic's article in the CLNCC's newsletter, starting on the 3rd page.

THE CHESTNUT HILL PRESERVE

Cross-posted from County Comments, Newsletter of the Civic League for NCC

By Vic Singer | A News Journal Aug 25 article erected a tombstone on the effort to force County or State government to buy the former Route 4 orphanage parcel -- "Chestnut Hill Preserve" -- for use as a public park. It was futile because standing law neither demands -- nor prohibits -- that outcome. The battle over the opposite situation -- what constitutes lawful and timely use of the parcel -- is about to begin.

The controlling law in New Castle County is the Unified Development Code, UDC, Chapter 40 of the County Code, enacted long ago by NCC Council. The "Intent" paragraph of UDC Article 1 and the "Purpose" paragraph of UDC Article 5 announce that the purpose of the UDC is to implement the County's Comprehensive Development Plan by establishing controls enabling development of parcels of land no worse than concurrently with the infrastructure needed to support the occupants of the parcels.

Section 40.01.015 "Intent" says: "This Chapter is intended to protect the interests of both current and future County residents and neighbors from the potential adverse impacts of land uses. At the same time, this Chapter is intended to respect landowners' rights to the beneficial use of their property. The regulations contained in this Chapter were designed to encourage greater flexibility and more development options while minimizing development impact on current property owners and the environment."

And Section 40.05.000 "Purpose" says: "This Article establishes the actual development capacity of individual sites based on current adequacy ("concurrency") of roads, water, sewers, and schools."

Section 40.05.000 continues as follows: "This Article requires an applicant for a rezoning, subdivision development plan or land development plan to conduct a carrying capacity analysis which regulates the maximum intensity of development based on actual infrastructure capacity. The carrying capacity analysis is designed to ensure that the public health, safety, welfare and quality of life of the citizens of this County are protected by preventing development from exceeding the existing carrying capacity of public facilities needed to sustain the proposed development."

Several varieties of infrastructure are listed in Section 40.05.000. Transportation system capacity is addressed as follows: "The County has numerous areas of congestion that may limit the development potential of a site. Each proposed development is allocated capacity based upon a traffic impact study for the proposed development. The allocation of this capacity sets a maximum development potential for each site." Later in the UDC, Section 40.11.210 establishes as the threshold of acceptability, the "D" Level of Service (LOS) in publicly sewered areas. It also provides that an intersection presently serving at the "E" LOS is acceptable if improvements already being constructed or covered by existing DelDOT contracts for construction will bring LOS to the "D" level.

The UDC's Section 40.11.000 states that "The purpose of this Article is to ensure that development occurs only where there are adequate transportation facilities in place, or programmed for construction. Transportation capacity is allocated to proposed land developments on a first come-first serve basis. The highway capacity shall be determined by a traffic impact study. No major land development or any rezoning shall be permitted if the proposed development exceeds the level of service standards set forth in this Article unless the traffic mitigation or the waiver provisions of this Article can be satisfied."

And the UDC's Division 40.11.100 requires that the applicant for a proposed development submit projected additional traffic on and off peak and describe existing conditions including LOS, to support determining whether a Traffic Impact Study, TIS, is needed. If 50 or fewer peak hour trips are to be added, a TIS isn't required. If more than 50 trips are projected, the applicant must submit a TIS covering a study area, area of influence, established in a Scoping Meeting under Section 40.11.122. The area of influence, under UDC Section 40.11.124, needn't extend beyond the third intersection in any direction from any access/egress feature of the proposed development unless the Land Use Department and/or DelDOT expand the scope at the scoping meeting.

For the Chestnut Hill Preserve TIS, DelDOT did indeed add six intersections to the TIS scope, to include the Route 4 intersections with Salem Church Road and Library Avenue. And a 9/9/2016 DelDOT letter (with copies to the LU Department) reminds the TIS author of that addition and acknowledges the author's and DelDOT's finding that both above-mentioned intersections would be well into the "E" LOS range, and that no remedial system improvements are contemplated. Yet DelDOT didn't object to the subject project proceeding. The obvious reason: the "D" LOS requirement is County law -- enacted by an elected legislative body. DelDOT's own requirement, perhaps less stringent, was given force by an appointed Secretary. Further, DelDOT has a lesser obligation to enforce County law than County staff has. So DelDOT has left enforcement of County law with the County's Land Use Department.

Upon a TIS finding of excessive traffic impact, the applicant has the option under UDC Section 40.11.150 to propose either a new plan or restrictions for the prior plan that would limit the impact to acceptable levels. Thereby, the proposed 265 dwelling unit project would be reduced to provide no more than 50 additional peak hour trips to the transportation system, perhaps 41 dwelling units (DU's).

Yet somehow, acting on the Land Use Department's recommendation, County Council approved recordation of the 265 DU subdivision plan. Responding to this author's prods starting 7/30/2017 on the basis for LU's recommendation, the Department requested a "legal review" regarding its execution of the UDC Article 11 requirements, and on 8/15/2017 advised that "the review concluded that the TIS is consistent with the requirements of the code." LU is concealing the rest of the results of the legal review. That's hard to explain unless the review advises the Department that it has no authority to disregard DelDOT's expansion of the TIS scope of the TIS because disregarding it amounts to a veto of law duly enacted over a decade ago by County Council. Not even the County Executive has such veto authority, and he's elected, not appointed.

It's appropriate for the Department to acknowledge its error in recommending recordation and to proceed according to standing law. LU can truthfully say that nobody bats 1000, and recognize that the story will sound much better if the folks who made the error tell about it. LU should get out in front on this -- by NOT issuing any building permits, just as UDC Section 40.11.000 demands when a valid TIS says the impact is excessive. Otherwise heads will probably roll.

Read a short biography of Vic Singer

Money, political comatose ends the STOP campaign

Another article in the Wilmington News Journal today confirms that the STOP (Save The Orphanage Property) campaign has officially ended in defeat. While most would expect it was the outcome of a price bidding war between government and developer interests, that was anything but the case. Multiple examples of dishonesty, and/or a gross lack of political will are to blame, and will go down as having ended the Ogletown-S. Newark's last hope for a regional park --- forever.

Instead, they have ensured us thousands more car trips per day on an already failed LOS (level of service) Route 4 corridor, and all kinds of havoc on multiple quality of life issues that have been thoroughly documented on this website. These include loss in real estate values, destruction of endangered wildlife habitat, paving over vast swaths of already flood-prone land, etc.

The following was gleaned directly from the WNJ article. It more than substantiates STOP's claim of dishonesty and political comatose, by those who we elected to represent our best interests. We italicized comments that are either suspect or conflicting:

• [Mark Schafale, Felician Sisters of North America] expects his organization on Friday to finalize an agreement to sell 172 acres to a housing developer. That agreement ends a two-year push for government to derail the development by purchasing the land for a park.
  
  
• "It is hard to put blame on one, two or three people," said Angela Connolly, one of the founding members of the Save the Orphanage Property Facebook group. "There are so many players in this nasty tragedy comedy."
  
  
• "It isn't fair to say the sisters are trying to profit from this," Schafale said.
  
  

• "I just don't think the county ever understood or chose to look at it from our perspective," Schafale said.
  
  
• Meyer’s first publicly disclosed offer for the property came in July. The offer was rejected, prompting state Sens. Bryan Townsend and Ed Osienski, both D-Newark, to criticize Meyer for offering too little and suggesting the executive didn’t really want to get a deal done.
  
  
• Meyer has criticized Townsend, saying the state legislator had said he could secure the entire $6 million purchase through the state. Ultimately, the Legislature committed $1.25 million in a bill that also made it easier for the Sisters to build the apartments without the entire development. Schafale said that was a boost to the park effort.
  
  
• Townsend said that money was approved with the understanding he'd be seeking more to cover the state's half of the cost. He denies that he ever represented the state would pay the entire purchase price.
  
  
• On Thursday, Townsend said the land being sold is "deeply disappointing" and the county had not acted with the urgency necessary to close a deal.
  
  
• "Oddly, it was like pulling teeth to try to get the urgency from them on behalf of the public," Townsend said.
  
  
• Meyer brushed off that criticism saying he had made four offers for the property without receiving a single written counter.
  
  
• "If you make four written offers to buy a property ... and you never receive a single counteroffer in writing, who is being insincere?" Meyer said.
  
  
• Schafale said Meyer's first two offers were "non-starters" because there was no acceptable path to executing the apartment development without the houses. He added his organization was in regular communication with the county about what was necessary for them to reach a deal.
  
  
• "Our representatives laid out in very precise terms what we needed, and there was significant movement on that in August but it wasn't everything and wasn't enough," Schafale said.

We have nothing else to say at this point, except that with this level of government dysfunction, we cannot be called a "democracy". No wonder so few citizens attend civic meetings and legislator coffees -- why bother when you don't have a voice? Shame on all of our elected that we are going to lose this magnificent (and only remaining) parkland opportunity for the Ogletown-S. Newark region.