Jud Bennett Writes: More On The Carrying Capacity Study For Lewes

Managing Growth Around Lewes (MGAL) further explains its position on the "Carrying Capacity Study". The Coastal Network is happy to forward all e-mails concerning Lewes to all interested parties. Please read below:

MGAL does not think it fair or productive to impune the motives of the Mayor and City Council regarding the carrying capacity traffic study. It should be assumed that they operate only with the best interest of the City, as they see it. It is that judgment, not their motives, that deserves another look.
That is what we ask of Mayor and Council: to take another look at the proposals received and see if they meet the long-sought objective of the citizens of Lewes:
A carrying capacity study has been sought since it was originated by then Deputy Mayor Jim Ippolito some four years ago with backing by Rep. Booth, Sen. Simpson and the DRBA. When Ippolito retired after 16 years in Lewes government, the study went into limbo until 2007.
In November 2007, the study was revived when MGAL requested Rep. Booth to revive funding for Ippolito’s carrying capacity study to help defeat the proposed half-million SF Lingo/Townsend regional shopping center at the gateway to Lewes. Thanks to Rep. Booth, Sen. Simpson and others, Lewes has now been allocated $50,000 to complete the study (and another $10,000 by DRBA to study a jitney service). The Mayor wisely wants to execute the contract quickly, before the promised funding is “taken back”, with the deepening recession.
The present proposals place all their focus on transportation, which are all state roads the City cannot control. DelDOT should do those studies.
The single-minded focus on transportation based mitigation may unnecessarily result in proposals to compromise the historic character of our streetscapes exactly what we don’t want—while being silent on the land use-based mitigation that should be rightfully required of developers. This is exactly the opposite of the integration of land use and transportation that planning professionals call for.
As of Friday, the Council was scheduled to vote Monday night on the study.

Not Good

File These Under Land Use & Policy, Wetlands & Buffers

New Castle County Government and DNREC are allowing the trashing of our wet lands. Community News reports: regulations needed STAT!
Hockessin, Del. —

The sound of trickling water breaks the stillness of the woods at Ashland Nature Center, drawing attention to a small forest pool wreathed in newly fallen snow. Seemingly insignificant when compared with the towering trees that surround it or the rushing creek that flows nearby, the small pool is one of Delaware’s most important habitats.
It is a seepage wetland, an area covered with groundwater that has seeped to the surface because of an impenetrable rock layer below the soil. It is a unique type of wetland that is vital because of the rare plants and animals that live there, said Bill McAvoy, DNREC’s heritage botanist. The water temperature is about 40 degrees year round, he said, so it can support plants like the log fern, which are typically found in much colder climates. Seepage wetlands are also breeding grounds for dragonflies, damselflies, Eastern Tiger Salamanders and home to the endangered Bog Turtle, he said.
But seepage wetlands are often endangered themselves because of development andpollution, said Rebecca Rothweiler, a DNREC outreach specialist.
About 30 percent of the First State’s land area is wetlands and the bulk of those marshes -- downstate tidal wetland -- are well-protected by federal regulations, she said. But Delaware’s 30,000 acres of isolated upstream wetlands that pepper the Piedmont are not protected, she said.
“Isolated wetlands are at risk to be filled, drained, pretty much anything,” Rothweiler said. Because they are not as carefully monitored as tidal wetlands, the state may not know a seepage wetland is in danger until it has already been destroyed.
Agriculture and development are the two major contributors to wetland destruction in Delaware, a state that has lost 50 percent of its wetlands since it was settled 370 years ago, she said.
It is a serious issue because such areas are vital for flood control.
“Wetlands are like sponges. They soak up and hold a lot of water,” she said. They also filter that water, which provides erosion control and can naturally clean many of the polluted streams that run through the Piedmont, she said.
Flood plains, another type of wetland common in the Piedmont, are particularly useful for flood control, McAvoy said. Their silty soil holds water from streams that overflow their banks every spring, slowly redistributing nutrient-rich dirt. Migratory songbirds rely on them as stopping grounds
They are some of the last green corridors left in the Delaware's Piedmont, but they are threatened by invasive plants that choke out natural species.
The dollar value of the flood prevention provided by wetlands is staggering, Rothweiler said. The areas are also important for bringing revenue to Delaware – the First State generated $299 million from wildlife activities in 2006, she said, and many of those activities occurred on wetlands.
“The beauty provided by wetlands is something that can’t be quantified,” she said.
The state needs stronger freshwater wetland regulations, she said, but there are many things homeowners can do to protect freshwater wetlands, like installing rain gardens, using rain barrels, planting native plants and cutting back on fertilizers and pesticides.
Residents must speak out to protect Piedmont wetlands, she said, before the trickling forest pools are silenced once and for all by development.

Sussex County needs to withdraw lawsuit!
(VIA Jud Bennett)
FROM THE SUSSEX GREEN BLOG:
Call to Action - Oppose Continuance of PCS Lawsuit
Published by Tom
On November 25, 2008, the Sussex County Council initiated a lawsuit against DNREC over their approval of the Inland Bays Pollution Control Strategy (PCS). DNREC approved the PCS to implement regulations designed to protect the Inland Bays watershed against pollution and runoff by requiring forested buffers between new subdivisions and wetlands, streams, rivers, and bays. The county lawsuit contends that allocating buffers are a land use function and that land use is a county not a state function, therefore DNREC does not have authority to approve these regulations.
Possibly as early as Tuesday, February 10, the new Sussex County Council will consider whether to continue the lawsuit initiated by the old Council.
It is apparent, even to a lay person, that the State of Delaware’s Answer to Sussex County’s Complaint signals the potential for a lengthy march through the courts especially if either party appeals a decision. Sussex Green believes that the continuance of a potentially costly lawsuit by Sussex County in these tough economic times is unwarranted and a waste of taxpayer money.
Prior to its approval, the PCS had been batted around between Sussex County and DNREC for ten years. After ten years, it is time to let the Inland Bays start to heal.
Below are several letters that have been sent to local media. Sussex Green encourages the reader to submit their own letters requesting that the Sussex County Council end the PCS lawsuit.
Comment rescues ~

I understand Sussex County is undertaking severe measures in an effort to balance the county budget. One example is that they are now asking county employees to take unpaid furloughs. I don’t know about you, but those county employees with whom I have dealt are dedicated public servants who work hard to serve our county and its citizens.
Before this request and other painful measures are taken that will only diminish service to the public, I would suggest that our new County Council withdraw the law suit the previous Council members initiated against the state Department of Natural Resources and Environmental Control. Law suits are unpredictably expensive and this one is totally unnecessary. I believe those private interests who oppose the DNREC regulation are already undertaking a law suit. It is inappropriate and a totally wasteful use of our tax dollars for the county to sue the state. This is especially true because not every county resident opposes the DNREC regulation in question. Let those private citizens with the concern assume the cost of litigation. Let public tax dollars be used for public purposes. –Sandy Spence

Just a few weeks before newly-elected members of the Sussex County Council took office, the former Council filed suit against the Department of Natural Resources and Environmental Control to block it from establishing buffer zones around developments for the purpose of minimizing runoff that can harm the inland bays and other water bodies. This was an inappropriate use of county funds in support of one category of constituents – real estate developers – over the interests of others who recognize and respect the importance of improving water quality. If developers care to challenge DNREC, let them pay for their own lawsuit. Instead of taking on potentially huge legal expenses, the new County Council should withdraw the lawsuit, and focus resources on the county programs and services for which it is responsible. –Richard Legatski

Ruh Roh, RNC's Steele To Lose Some Polish

Steele's Campaign Spending Questioned Agents Contact Sister After Ex-Aide's Claims

Michael S. Steele, the newly elected chairman of the Republican National Committee, arranged for his 2006 Senate campaign to pay a defunct company run by his sister for services that were never performed, his finance chairman from that campaign has told federal prosecutors.

(h/t Atriots - photo also via rudepundit)

"If It Was A Family Restaurant, It Would Be Called Scooters"

Gotta love a liberal progressive with traditional family values! The quote above is from Karen Peterson in conjunction with community opposition to having a Hooters set up shop in the Astro Shopping Center. Way to massage the liberal stereotype, Senator Peterson!

Jud Bennett Writes: What Is It Worth To Certain Developers Not To Have A Comprehensive, "Carrying Capacity" Study?

Dear Lewes Residents and other Interested Parties:
As a native and long term resident of Lewes, a Lewes property owner, a former Lewes Councilman, and a Sussex County land use activist, I indeed have a vested interest in the future of my home town. What will Lewes look like in 10 years, 20 years, and so on? What will our property values be worth? How much development can we stand in our near and distant future without killing our golden goose?
I have been informed that the present proposed traffic study for Lewes does not properly address the "Carrying Capacity" of our roads. The bottom line is how much development can we actually stand? How full is full??????? It is rumored that there are those who oppose such an in depth study. If that is true , why? It is rumored that certain Council Persons in Lewes have been lobbied not to pursue such a study. If true, why? What is it worth to certain developers not to have a comprehensive, "Carrying Capacity" study?
Please read the letter below which was e-mailed to me concerning this study. I urge the Citizens of Lewes to contact the Lewes City Council and demand that such a study be enacted at the upcoming Council meeting on Monday, February 9th.

The following letter was sent Monday, Feb 2nd, to the Mayor and Council. Please contact them yourself and let them know of your support for the long-sought, complete carrying capacity study by the City. This is a big deal! This kind of study will provide the key information required for the City of Lewes to manage growth to fit the carrying capacity of our historic town—and not have excessive development and traffic degrade our quality of life, the environment, historic quality, property values and our best economic future.
This study was proposed because of you—all your hard work. The citizens of Lewes have worked hard and contributed over $20,000 on managing growth seminars all aimed at getting this kind of study to protect our town. We have asked repeatedly for this kind of action and now is the time to finally get it—but only if you speak up for it. Thanks to all your demonstrated concern about out-of-control development, Rep. Joe Booth and Sen. Gary Simpson and other elected officials got the money for the study and that money should address what it was intended to do.
Please call the Mayor’s office (302—645-7777) and leave a message supporting a “full carrying capacity study” before the City Council votes on the matter Monday, February 9th.
TO: Mayor and City Council of Lewes
We are grateful for the City requesting this long-sought study but unfortunately the focus of the several proposals do not adequately address the situation of Lewes.
Nadine Wick and John Mateyko of MGAL have reviewed the bidder’s proposals in response to the City of Lewes RFP for a Carrying Capacity Transportation and Jitney Service Study. Their review shows that all proposals fail to deliver the long-sought, intended objective: a professional determination—what would be an “expert witness” finding in a court of law--of how much additional development can be built around Lewes before the auto traffic associated with it, has a negative impact. Professionals refer to this as a “carrying capacity limit.” Instead, the proposals are heavily focused on transportation solutions.
Negative impact is degradation of the quality of life, historic values, environmental values, residential property values, commercial economic development and/or the city’s tax base, or other lawful matters of public health, safety or welfare the city has been empowered to preserve, protect or regulate under law.
While the proposals of Century, URS, Renaissance, Sabra/Wang, and other bidders mention integrating multi-modal transportation solutions (sidewalks, bike paths, jitney and larger transit, auto) none of the proposals address integrating land use-based mitigation (pedestrian- and transit-friendly site design, neighborhood shopping, etc) and transportation-based mitigation.
This is the information that the city, county, state and developers need to fairly and professionally determine the impact of any individual development and the cumulative development impact the carrying capacity of Lewes roads can tolerate. Without this integration, private sector developers and governmental agencies will correctly object that the Lewes study distorts reality: when land use-based mitigation metrics are employed, residential and commercial development is found to result in fewer auto trips and overall LESS IMPACT on the city carrying capacity and the option is created to accommodate more growth (and still remain below the carrying capacity threshold) as developers provide land-use mitigation and fund transportation-based mitigation.
Thus, getting the facts on the table serves developers, the city and the citizens—a win, win, win situation. But you have to get to those facts—and these proposals do not. Everyone will lose. This failure to integrate land use and transportation decision-making was addressed in Lewes in May of 2002 by Mr. Whit Blanton, AICP, the chair of the American Planning Association Transportation Planning Division, who the Greater Lewes Foundation and Sea Grant Program retained to perform a charrette and study titled, “Integrated Land Use and Transportation—Observations for Coastal Sussex County, Delaware (copy available from MGAL). Blanton reported in 2002:
“A complementary set of strategies is needed to address mounting transportation and land use development problems. Those strategies relate not only to physical measures such as tighter land use policies or investments in transportation facilities and services, but also to the institutional framework and process for land use and transportation decision-making.”
Unless the bidders receive clarification none of the proposals will address Lewes’ carrying capacity and the concerns of citizens to control development will not be addressed, this funding by Rep. Booth, Sen. Simpson and others will be spent without getting the intended results, and the resulting study could erroneously signal to subsequent city, council and state officials, and private developers, a misguided focus on transportation-based mitigation isolated from land use-based mitigation.
As presently received, the proposals could be counterproductive. Mitigation from land use design that matches the historic, walkable streetscapes of Lewes will be absent and excessive focus on transportation may negatively impact preservation of historic roads and streetscapes. Moreover, an emphasis on state roads—which the City does not control—is not productive. DelDOT does that.
The emphasis should be on how much development our entire street network can carry—what DelDOT has told us they cannot do for the City.
The Correction Used by Professionals
Whit Blanton has been contacted by Managing Growth Around Lewes for advice. He reports that situations sometimes occur where proposals do not address the intended objective, and when it does there is a simple, direct solution: a notice of clarification is sent to all bidders (or those selected for a short-list) that proposals to date fail to completely address the City’s intended objective; and seek a letter of reply by a certain date demonstrating the bidders capacity to satisfy the clarified objective.
We believe the City must now take this clarifying action and preserve the intent of this study so long sought. Blanton, in his capacity as chair of the American Planning Association Transportation Planning Division, has found (see his current web site):
“A reasonable argument can be made that most of our transportation problems are really land use problems…. Effectively solving transportation problems must entail a comprehensive strategy aimed simultaneously at land use, economic, transportation and quality of life factors.
Thank you for considering this vital matter. We commend the City of Lewes for moving the planning process as far as it has.
Nadine Wick and John Mateyko

The Audacity Of Plouffe

Cormier has the audacity of Plouffe on file...his 1988 University of Delaware beer pong photo.

MoveOn Asking For Help With Carper's Vote

MoveOn just asked me to call Senator Carper to find out where he stands on proposed cuts to the stimulus bill and they asked me to submit my response:
"Not a good one I am afraid. No word for his constituents who call him about where he stands on stimulus cuts. Not one word about where his heart and mind are on this issue. I asked that my disgust be forwarded to the Senator."
From the inbox:

Dear MoveOn member,
Today's jobs report was worse than expected: 20,000 people lost their jobs every day in January!
1 We're in crisis, and we need life support. President Obama's stimulus is really that urgent. But Washington is fiddling with partisan games instead of taking action. Yesterday, conservative Democrats and Republicans delayed the Senate vote on the stimulus again. And now they're trying to gut the very job-creating investments we need—$100 billion cuts in education, energy efficiency, and help for struggling states!
2 Senator Thomas Carper is one of the most influential senators in the current negotiation. Can you call and ask Sen. Carper to speak out AGAINST cuts to the stimulus and FOR President Obama's plan? Tell him that if anything, the stimulus should be bigger, not smaller. Senator Thomas Carper Phone: 202-224-2441
Then, please report your call by clicking here: This spending is what will stimulate the economy. Period. Tax cuts for corporations and the rich will not.
3 We can't keep having this tired debate while our country is bleeding hundreds of jobs every hour. What's the cost of not acting? This is what President Obama said this morning:"If we don't do anything millions more jobs will be lost. More families will lose their homes. More Americans will go without health care. We'll continue to send our children to crumbling schools, and be crippled by our dependence on foreign oil. That is the result of the inaction, and it is not unacceptable to the American people."
4 Conservative senators want to cut precisely these investments.
5 Here's what's under the knife:
-school construction
-Head Start
-energy efficiency
-Amtrak
-aid for struggling states to prevent local service cuts
Investing in education is a place where you don't have to choose between short term stimulus and long-term investment. School construction and Head Start create new jobs and improve the economic future of our children. Improving energy efficiency in buildings creates new green jobs, putting laid-off construction workers back on the job. And in the long term, it helps slow the threat of climate change.
Can you ask Sen. Carper to vote AGAINST cuts to the stimulus and FOR President Obama's plan?
Sources: "Economy Shed 598,000 Jobs in January," The New York Times, February 6, 2009 "Stimulus Talks Set to Continue After Centrists Push Cuts," The New York Times, January 5, 2009

"Senators in Both Parties Call For Big Cuts in Stimulus Bill," The Washington Post, February 6, 2009
Want to support our work? We're entirely funded by our 5 million members—no corporate contributions, no big checks from CEOs. And our tiny staff ensures that small contributions go a long way. Chip in here.

Disingenuous County Heads Talking Taxes Tour

Chris Coons is not being forthright about taxes. He continues to try to mollify countians about an inevitable round of increases with platitudes that draw favorable tax rate comparisons to the surrounding states.....NOT. NCC taxes do not compare with the services rendered by county level taxes in other states and Chris knows it.
Our county taxes do not provide for prisons construction and upkeep, roads construction and upkeep nor school construction and upkeep which are accounted for in other state's local tax revenues.
Apples and Oranges Mr. Executive. Apples and Oranges.
Coons and Clark are spelling out a load of crap to unsuspecting countians. Evidently, the listening tour's focus is solely on raising taxes and raising straw votes for approval. Here is a comment from Hockessin Community News' coverage:

There may be a need to raise our property taxes, but let’s try to match any increase with cuts,” he said. “I think if you go about it that way, you’ll still be on the right trajectory.”

Pennsylvania's Berks County Services; Chester County Services; and Maryland's Cecil County Services for comparison. There is no comparison, Chris.

Delaforum News: County Tour And Claymont Dust Study Team

Delaforum's Jim Parker reports on the latest HIGH DEM County "Listening Tour":

Lynne Howard, acting chief administrative officer, revealed that the administration "has started consultation" with state and city of Wilmington officials about ways that might be used to cut down on "duplication of services." She said that was in response to Governor Jack Markell's desire to reduce or eliminate overlapping government functions.
Asked at the meeting on Feb. 4 for a show of hands to indicate which of three alternatives for dealing with the county's expected budget shortfall in the coming fiscal year they preferred, 62 attenders said they would accept a hefty property-tax increase to avoid having to significantly cut back county services, 35 wanted any tax increase to be balanced with service cuts and five opted for no higher taxes regardless of what effect that has on services. About 125 members of the general public turned out for the session.

And from Community Voices - DUST STUDY NEWSLETTER February 3, 2009,

Folks, we really need your support, NOW!!! We are applying for a grant ($31,820.00)from the Penalty Fund, administered by DNREC to continue our Monitoring Program thru May 2010. This will entail presenting our application to the DNREC Advisory Council on Feb. 10, 2009. We must have support from DNREC in order to receive this grant. This fund is maintained from penalties levied against industries discharging harmful elements into our environment. Communities located in the areas that are affected by these discharges are entitled to apply for a portion of these funds to correct the situations we are faced with. So far our testing has shown that we are receiving amounts of manganese and lead that exceed EPA* and WHO* standards.
This problem has been going on since Nov. 2003 and it is still with us! *EPA ENVIROMENTAL PROTETION AGENCY *WHO WORLD HEALTH ORGANIZATION Feb. 2, 2009 the Dust Study Team met with DNREC officials, Evraz Claymont Steel and Dennis Williams, De St. Rep. James Werner, DNREC Air Quality Mgr. does not think we need the grant because it would replicate DNREC’s efforts. We believe this is not with foundation. Our work covers areas and answers not provided by DNREC. We must continue to monitor the different neighborhoods in our area to put a stop to the Steel Dust that has been a constant problem since 2003.
We are not sure how this is affecting our health, pets, wildlife and vegetation.
The only tangible proof we have is the damage done and continuing to be done to our personal property (windows, vehicles, paint finishes, etc.) We have a real need for permanent monitors in this area. The closest one is in Bellefonte, almost 5 miles south of Evraz Claymont Steel. Nov. 21, 2005, 4 samples were sent to McCrone Associates, a lab in Westmont Illinois, from Sherman Drive, Analine Village(2), Colby Avenue, Knollwood(1) and Claymont Steel slag pile(1). These results identified the breakdown of Calcium Oxide(CaO), Iron Oxide(FE2O3), Silicon Dioxide, crystalline(Cristobalite)SiO2, Manganese(Mn), Magnesium Oxide(MgO) and Aluminum Oxide(Al2O3). The sample from the slag pile spilled in transport.
CitiSteel was fined $400.00 and had to pay restitution for the cost of lab fees, $4,000. (1) March 8, 2006 thru April 8, 2006, DNREC placed a monitor for ppm2.5 at 14 Sherman Drive. The results showed we had a similar amount of ppm2.5 found in the monitor at Bellefonte. We received a written report from DNREC that it was a mix of the same sources affecting Bellefonte and Analine. We were not told the make up of ppm2.5. Remember Bellefonte is almost 5 miles south of Evraz Claymont Steel. Our samples are weighed by Air Metrics before we receive them. After we run the test, filters are sent back to Airmetrics to be weighed again and then sent to Columbia Analytical for analysis of the contents. This is all documented with Chain of Custody procedures.
We receive a written report from Dr. Mark Chernaik, Ph.D, Eugene Oregon. We have shared these reports with DNREC, Evraz Claymont Steel and other interested parties. The samples they’re comparing are from the Bellefonte Monitor, the Dust Study’s samples are from our communities. We don’t believe DNREC’s are being analyzed for content, just ppm2.5 weight. DNREC has no monitors east north east of Evraz Claymont Steel, therefore it is critical we have DNREC’s support in obtaining our grant to continue our work to provide information reflecting the fallout in our communities. The monitor at Bellefonte does not identify our problem. We need DNREC’s support for this grant to continue our work!!!!
Dee Whildin, Coordinator Claymont Dust Study Team 6 Sherman Drive Claymont,
DE 19703-3511 Phone 302-798-0487 Fax 302-798-6952

Get Your Funk On

More HERE

Delaware Community Foundation Lincoln BiCentennial Fundraiser Set For Feb. 10th

And an FYI from Kim Burdick:

A beautiful, brand new, magazine: American Revolution: Magazine of the American Revolution Association has just put out Vol 1 no 1, January 2009.

Articles include "It Takes 9 States, DC and France to Make a Trail," about the Washington Rochambeau Revolutionary Route; an article about the American Revolution Center at Valley Forge; and a lot of very nice articles, events, and book reviews. Subscription price is reasonable: 5 issues for $36.

STD Funding Should Be On The Front Burners

People wonder why STD prevention funding was placed in the stimulus bill. But no one should fail to see that there is a dire need for funding these preventative measures.

Blacks account for nearly 13 percent of the nation's population, but 50 percent of all newly diagnosed AIDS cases. In Delaware blacks make up 67 percent of residents with HIV/AIDS. Blacks make up 67 percent of Delaware residents with HIV/AIDS, up from 44 percent 20 years ago. In November, Delaware received the worst grade a state can get for death rates for blacks with HIV-- almost 15 times as high as for whites.
These numbers are why the Eighth Annual National Black HIV/AIDS Awareness Conference being held at Wilmington's Double Tree Hotel on Saturday was turning away registrants on Thursday.
There's no debate that personal responsibility to avoid risky behavior remains key.
However, longtime AIDS workers make a valid case that the wide disparities are tied to more than just poverty and irresponsible behavior. Drug addicts refuse clean-needle exchange programs out of erroneous fears that they will be arrested. Lack of treatment or counseling for related medical conditions, such as depression, cause some patients to skip dosages or become overwhelmed by the regimented medication that is required to stay healthy.
Organizers of Saturday's conference plan to mobilize the faith community with presentations that encourage development of more prevention and outreach ministries.

"Inflatable Rat Has Free-speech Rights In New Jersey"

You gotta love New Jersey politics...

In a case that pitted an International Brotherhood of Electrical Workers union local against a central Jersey town, the high court ruled unanimously that the rubber rodent constitutes protected speech under the First Amendment to the U.S. Constitution.
"The township's elimination of an entire medium of expression without a readily available alternative renders the ordinance overbroad," Justice John E. Wallace Jr. wrote for the court.
The super-sized rat, sitting on its hind legs and bearing fangs, is a national symbol used by organized labor to signal a labor dispute. It had been blown up and displayed at a 2005 labor event in Lawrence Township until police enforced a law that bans banners, streamers and inflatable signs, except those announcing grand openings.
A labor official was fined $100 plus $33 court costs. The event was staged by the union to protest low wages being paid to electricians by an out-of-area contractor.
An appeals court panel ruled in 2007 that the town could ban the big black rat and affirmed the labor official's fines. The panel found the ordinance was content neutral and was aimed at enhancing aesthetics and protecting public health and safety.
The union appealed. Its lawyers argued the law violates the union's right to free expression and thus suppresses protest.
The township claimed the union's use of the rat was a form of commercial speech, less deserving of First Amendment protections.
The state Supreme Court found that the law wasn't neutral, and therefore was unconstitutional. It said an ordinance "that prohibits a union from
displaying a rat balloon, while at the same time authorizing a similar display as part of a grand opening, is content-based."

DCCA Presents Film Premiere Saturday On The Riverfront

WNJ reports:

A film on the life of Dr. Eugene McGowan, the first African-American psychologist in Delaware's public school system, will première on Saturday at 2:30 p.m. at the Delaware Center for Contemporary Art, 200 S. Madison St., Wilmington. The film was created by Dr. Jeanne Nutter, executive producer for "A Separate Place: The Schools P.S. du Pont Built" (2001).
McGowan was active in professional and civil rights organizations including the National Mental Health Association, the Delaware Committee for Fair Practices, Delaware Leadership Council, and the Wilmington and Delaware State chapters of the NAACP. A light reception will follow the film première.
The event is free and co-sponsored by Hagley Museum & Library. 656-6466.

ScienceDebate2008 Writes: NSF to be zeroed out

Write to the Congressional delegation if you support this science stimulus. Why? A) Science & technology have produced half of the economic growth of the United States since WWII. B) Spending on basic research is the single greatest economic engine this country has ever known. C) Funding to federal granting agencies is about as "shovel-ready" a stimulus as you can get. If the granting agencies lower their score thresholds for awards across the board the money will be flowing within months, leading to rapid hiring and increased purchasing from technical service and supply companies that are largely American, and creating thousands of the kinds of high-quality jobs the country needs.

~~~~~

Dear Nancy ,

I am writing to alert you to efforts underway this morning to zero out a large portion of the science funding from the Senate American Reinvestment and Recovery Act as a part of a $77.9B reduction effort led by Senators Ben Nelson (D-NE) and Susan Collins (R-ME). As you know better than most, science and technology are responsible for half of the economic development of the United States since WWII and yet, if current trends hold, some, such as the Business Roundtable, have predicted that 90% of all scientists and engineers will live in Asia within 5 years.

The United States simply MUST renew our investment in the single greatest economic engine this country has ever known. Small federal investments in scientific research have helped produce things like the internet and the transistor that have consistently delivered multi-trillion dollar economies. The United States is at a critical juncture, and if this concerns you we suggest now would be a time to contact your Senators and urge them to support science funding.

Here is what is being proposed to be cut from the bill, according to TPM:

NASA exploration $750,000,000 = 50%, NSF $1,402,000,000 = 100%, NOAA $427,000,000 = 34.94%, NIST $218,000,000 = 37.91%, DOE energy efficiency & renewable energy $1,000,000,000 = 38%, DOE office of science $100,000,000 = 100%

Newark Council Passes Open Government Resolution

Speaking of Republicans and council seats, the other night I happily endorsed Paul Pomeroy for my Newark City Council seat. Good Luck Paul! The GOP just has to keep looking for more better Republicans...they're out there.
Paul and 'the other youngster' on council, Ezra Temko, are a dynamic duo for good in my town. They successfully ran an open government resolution through at the last meeting.
From the inbox:

+Council unanimously adopted a resolution in support of open government.
The state legislature exempted itself from the Freedom of Information Act (FOIA) and this is something that is not befitting good governments. While process was changed this year relating to the desk drawer veto, which gives a bill supporting FOIA covering the state legislature more of an opportunity to come to the floor for a vote, there has been an additional hardle put in front of the proposal. For more information, read HERE.

Huh, the WNJ reports that the legis is "opting out" of FOIA for emails.

Rep. John Kowalko, D-Newark South, said he agreed that legislators should be able to protect personal matters in e-mails from constituents. However, he said he would not co-sponsor Schwartzkopf's amendment because he believes e-mails on public policy matters should be public.
"If we blanket ban all e-mails, we're cutting off a big chunk of information," Kowalko said, noting the irony of an open-government bill closing off access to public documents. "We're maybe closing a door while we're opening other doors."

But my boy, John Flaherty, tells it like it is:

John Flaherty, former lobbyist for Delaware Common Cause and an open-government advocate, said it is his opinion that legislators' e-mails are -- and should be -- public documents.
"What they're concerned about is constituents writing to them in e-mails. ... The question is, are they public documents?" Flaherty said.
"I think they should be considered public documents and should be FOIA-able. I think [the amendment] has a lot of attractiveness to a lot of public officials," Flaherty said. "A lot of them don't want their activities to be made public."

GOPerhead's Fundraiser For Newark Area County Seat Set for Feb. 10th

UPDATE from the inbox:

I have examined what McClellan did and how she ran her campaign to get on county council. When she left, not a word or message to her supporters was given. Nothing, nada and many of us found out about it in the news papers. I tell you it was a real let down. I did not agree with her on several issues but I did respect her and felt she was my council person and believed that she was looking out for my interests.Do I now think she was looking out for my interests? You will have to ask that and I also ask that you think about Elisa Diller in that regard.I had a brief discussion with her and her statement was that it was a bit premature to address my concerns. Warning bells went off in my brain hearing that. I emailed her and got an email back promising to do something this week to address my concerns.In all honesty, I don't think she will do much to change county council and Chris Coons along with Paul Clark. She will have to go through a learning curve and we have probably lost a years time in getting things done. Unless the state steps in the Work Force Housing fiasco will be come law and we will face a stick to the taxpayer increase in county taxes. I am not going to jump on any bandwagon to support Elisa Diller until I know more about her.

~~~~~
The DEMs in my district acted with some intelligence in picking Lisa Diller since she is so obviously 'out of the loop' of special interests that eternally plagues county governance. The populace is at the point of We're Not Going To Take It Anymore in facing the heavy hand of corruption that circles our county hall.
From the inbox:

The February 19 Special Election for New Castle County Council is quickly approaching. We need fiscally responsible Republicans like Jamie Moulthrop on County Council, now more than ever. Here are some ways you can help Jamie win a big victory!

National Committeeman Laird Stabler
Republican State Chairman Tom Ross
National Committeewoman Priscilla Rakestraw
And Host Committee
Invite You to attend a Reception and Silent Auction
In Honor ofJamie Moulthrop, New Castle County Council Candidate District 5
February 10, 20096:30 – 8:30 pm at
Deer Park Tavern, 108 W. Main Street, Newark, Delaware
Host Committee:
The Honorable Steven Amick
The Honorable Timothy Boulden
The Honorable Joseph Miro
The Honorable Michael Ramone
The Honorable Liane Sorenson
The Honorable Steven Taylor
The Honorable Stephanie Ulbrich
$25 Individual; $50 Sponsor; $100 Patron
RSVP to Emily Taylor at 302-528-3220 or etaylor2680@gmail.com

On TARP Oversight

Atrios says "Bailing out these institutions might be necessary, but bailing out executives and shareholders is not" in response to the coming 'report' by the congressional oversight panel overseeing the TARP:

"Our money - and our economy - are on the line, and we all have a stake in the outcome," said Harvard Law School professor Elizabeth Warren in her prepared remarks for a Senate Banking Committee hearing.Warren heads the five-member congressional oversight panel overseeing the TARP, and said that the group on Friday will issue a report suggesting Treasury has significantly overpaid for the assets it has purchased from financial institutions. She said an analysis of 10 of the TARP transactions, when extrapolated for all of the purchases made in 2008, suggests Treasury paid $254 billion for assets worth approximately $176 billion, a shortfall of $78 billion."Treasury paid substantially more for the assets it purchased under the TARP than their then-current market value," Warren said.

(via Eschaton)

To Save Schools - Cut Administration

WNJ letter on limiting the number of school districts tapped some blunt responses:

Because the football rivalry and having lots of 6 figure cronnie jobs to hand out is more important than educating kids...Plus you need school board elected offices to act as a farm league for future office ambition and to help make corporate connections by handing out fat contracts to assure jobs later.

And

"Why do we have so many school districts in such a small state? We have 20 school districts with 20 superintendents with an average salary of $150,000 a year." Because, traditionally, each high school was it's own district. Consolidation did occur in Northern New Castle Delaware but has been controversial because it was based around desegregation.Also, there are only 16 traditional school districts. Your number of 20 counts the three county-wide Vo-Tech overlay districts and the "Charter School District" which is more of a hypothetical entity for statistical reporting.County wide districts downstate would need to factor in Milford and Smyrna which are both split by the county lines.

Jud Bennett Writes: Letter To Rehoboth's Mayor Sam Cooper

This e-mail, which was forwarded to the Coastal Network, was sent to Mayor Sam Cooper of Rehoboth by former Slaughter Beach Council Woman and former Rehoboth Beach native, Amy Reed Parker:
No to ocean outfall/dumping

Sammy,
Amy Reed Parker here, Bob's younger sister. First let me say a belated congratulations on being Mayor again. I campaigned for you to all those I knew.
Sammy I'm wondering what your position is on ocean dumping as a viable solution to Rehoboth's sewer problem? I am adamantly opposed to it! In fact the idea infuriates me!
As a local who's family still resides in Rehoboth & probably will forever, I beg you to not be agreeable to ocean dumping. The water is already bad enough. Day's are few & far between when the ocean is suitable for swimming water quality wise. We have numerous fish kills in the bays & even ocean(croaker kill along the Va, Md, De coast a few yrs ago). Two summers ago there was a bloom of something off the Cape Henlopen State Park ocean beaches in August & the public was not warned
during said outbreak. Yes, the State test the waters, but not for all things & they have tourism foremost in their minds (in my humble opinion). The storm drains in Rehoboth are bad enough, especially after a rain. Anybody who is educated about environmental hazards in swimming waters knows not to swim by drains of any kind. Where my primary home is in Slaughter Beach on the Delaware Bay, no-one in there right mind would go swimming. Nation-wide our waterways are in terrible shape, this is supported by endless studies. Florida for example; is abandoning their practice of ocean dumping for numerous reasons: I suggest you contact someone in Miami re; that. Bermuda on their most famous beaches is plagued by raw sewage & gray grease balls with sewage encased washing back to shore with the tide & prevailing winds. Our Chesapeake Bay's clean up has been a joke! With virtually no progress made, but tons of money
spent.
With information such as this & all the other numerous facts out there, I don't know how anyone can even be considering ocean dumping (outfall) in Rehoboth. The one thing going for those in favor of it is the great apathy & disinterest of most locals & Americans. Supported by the fact that such a small percentage of Americans vote. I'm convinced most people think our swimming waters are as pristine as when Christopher Columbus discovered America.
I beg you to give this issue great consideration. The correct thing to do might not be the easiest or the most popular amongst the many business people & special interest groups who may speak the loudest. I hope you will seek out the locals, surfers, beach goers, fisherman, waterman, & true=environmentalist & get there take on things.
I also wonder how many of those making such vital decisions ever go swimming in the ocean themselves!
It's like when I'm discussing politics with someone, 1st thing I want to know is- do you vote? If you don't, I'm not wasting my time talking politics with you.Same thing with this issue, if you don't go swimming- how can you know about the impact of such a decision, the quality of the water, the divine feeling ones body & soul gets from a delightful swim! Not to mention the impact on fish, the great virtually undiscovered possiblities which lie within the oceans, & the environment as a whole!

The answer is a sewer system that works. Don't they drink the water that is treated from some sewer plants? Taxes need to be raised to fund the best solution, instead of the ocean polluted or farm land saturated with man's easy fix.
Amy J. R. Parker

Holder Heads For AG Spot While Cheney Spittles

The talking heads were buzzing about Cheney's In-Obama's-Face media defensive yesterday. I say that he was just stepping into RNC damage control mode after waking up and reading about Eric Holder's passing through Senate scrutiny and heading for a floor vote despite the Senate GOPerheads...

...concerns about the possible prosecution of Bush-era officials who were operating under what they presumed to be a lawful order when they engaged in harsh interrogation techniques.

By the way, here is where to look for Will Bunch's own taking the media by storm...

...on MSNBC's "Rachel Maddow Show" (9 Eastern, rebroadcast at 11) to talk about
"Tear Down This Myth: How the Reagan Legacy Has Distorted Our Politics and Haunts Our Future."
..also the scheduled guest today for NPR's "Fresh Air" with Terry Gross (not live, which means they've been working overtime in the editing room). That's a national show which runs here in Philadelphia on WHYY (90.9 FM) at 3 p.m. and 7 p.m., but elsewhere check local listings (it also will become available on a podcast.)

Mid-Atlantic Power Pathway A Done Deal?

Delmar DustPan's Howard attended the MAPP meeting and lived to tell about it.

You should realize that this is a done deal. The meetings merely are trying to put a good spin on it. There are certainly issues about going under the Chesapeake Bay with six to nine power cables. There is certainly the question "am I my Brother's Keeper?" As for me, Hell no I am not my brother's keeper. This power line is to feed electricity to the metropolitan areas and our bill will go up 40 cents a month. These northern neighbors are the same ones with high paying jobs who treat us like servants when they come down here.

Library Use And Bad Times Aren't Inverse Effects In Any PUBLIC SERVICES PLANNING Manual, No?

The story Ann Farley, Chris Coons and Angie Basicoonsie won't tell you but at least the WNJ is sending someone out there to report that:

People depend on our libraries and the use of libraries is correlated with the souring economy.

Libraries across the state are reporting a surge in the number of people checking out materials and surfing the Web and searching for jobs on the state's 534 public computers. But, at a time the recession is fueling demand for library services, it also is forcing state and county governments to cut public funding.
"Whenever the economy drops, library usage goes up," said Annie Norman, director of the state's division of libraries.

TONE DEAF MUCH?

Jud Bennett Writes: John Brady On WGMD Feb. 10th

FYI;

I've been informed by an e-mail from Bill Colley of WGMD that Sussex County Recorder of Deeds, John Brady will be tenatively announcing and discussing his decision concerning his future, political party affiliation on February 10th on WGMD radio, (92.7 on your FM dial) at 3:15 PM on the Bill Colley show. Tune in for the show or listen through live streaming on your computer at WGMD's website.

Democrats.com Writes: Please Appoint a Special Prosecutor

Attorney General Eric Holder: Please Appoint a Special Prosecutor
President Obama's choice for Attorney General, Eric Holder, was confirmed by the Senate yesterday and sworn in today. In another proud historic first, Mr. Holder will be our first African American Attorney General.
During his confirmation hearings, Mr. Holder declared unequivocally, "Waterboarding is torture." This terrified Republicans because it means Holder must prosecute George Bush, Dick Cheney, Donald Rumsfeld, Alberto Gonzales, and other top officials who authorized waterboarding and the rest of the "Bush System of Torture," as Keith Olbermann calls it.
Republicans pressured Mr. Holder to promise not to prosecute the torturers, but Mr. Holder refused. He said, "No one is above the law." That's exactly what President Obama said when ABC's George Stephanopoulos asked him our question on January 11.
Of course Mr. Holder must also end eight years of absolute corruption under John Ashcroft, Alberto Gonzales, and Michael Mukasey. He must reverse George Bush's criminal policies on torture, habeas corpus, secret government, and warrantless wiretapping. How can Mr. Holder do it all?
The best solution would be for Mr. Holder to quickly appoint a Special Prosecutor to focus exclusively on Bush's crimes. That would take these crimes off Mr. Holder's desk entirely, and ensure a thorough and nonpartisan investigation.
In December, we launched a petition drive with our friends at Docudharma.com. Over 20,000 activists have already urged Mr. Holder to appoint a Special Prosecutor. Please join them:
http://www.democrats.com/special-prosecutor-for-bush-war-crimes
If you already signed, please user our petition form to encourage friends to sign.
You can also call Mr. Holder's office at 202-514-2001 and leave a simple message: "Appoint a Special Prosecutor for George Bush's crimes."
Thanks for all you do!
Bob Fertik
#####

Frieda Berryhill Writes: No-Nuke Power News

243 GROUPS/SMALL BUSINESSES URGE SENATE TO REMOVE $50 BILLION IN NUCLEAR POWER & COAL PORK FROM STIMULUS BILL

Reflecting deepening public and Congressional concern that the Senate economic stimulus bill contains too much traditional pork barrel spending with no stimulative effect, 243 organizations and small businesses, and including musicians Bonnie Raitt , Graham Nash and Paul Winter, today urged the Senate to remove a provision from the bill that would allow $50 Billion in taxpayer loan guarantees to fund construction of new nuclear reactors and “clean coal” projects.

The provision was added to the original bill by the Senate Appropriations Committee, at the urging of Utah Senator Robert Bennett, who ironically has announced he will vote against the bill in any case. A February 3 Washington Post article on the provision and Bennett’s role is at: http://www.washingtonpost.com/wpdyn/content/article/2009/02/02/AR2009020203162.html

The letter pointed out that the $50 Billion could not provide an economic stimulus, stating, “This loan guarantee program is already highly controversial and loaded with money for polluting technologies like nuclear power and "clean coal." Adding more money to this program would have absolutely no stimulative effecton our economy, since no nuclear reactors or "clean coal" plants can be built over the two year period supposed to be covered by this bill.”

The groups noted that the Congressional Budget Office has predicted a 50% default rate among utilities that would use the loan guarantee program to build new reactors. And the groups also pointed out the little-known fact that the loans would not come from the private sector, but from the U.S. Treasury itself:

“We also note that the structure of the program is such that the most expensive and riskiest nuclear projects--those where the utility seeks the maximum 80% of project costs--would be financed not by private capital, which will not invest in nuclear power--but directly from the U.S. Treasury through the Federal Financing Bank. We are not willing to be bankers for new nuclear reactors or "clean coal" boondoggles.”

The letter and signatories can be viewed at: http://www.nirs.org/neconomics/lgltrsigners.pdf.

On February 2, 20 national environmental and consumer groups also urged the Senate to drop the loan guarantee provision. That letter is at: http://www.nirs.org/neconomics/finalsenateletteronstimulusbill.pdf

A license extension for the troubled Oyster Creek nuclear power

Come hell or high water !!!
To head off any chance the NRC will give Oyster Creek the green light next week, the state Department of Environmental Protection should seek a federal injunction to prevent a vote until all of the recommendations made by the NRC licensing board for further analysis of the plant's drywell
But it's a sad day when a federal agency charged with ensuring public safety must be dragged into court for failing to do its job.
Transformer fire causes power loss at reactor

To Finally Resolve Nuclear Power Plant Security Weaknesses, Obama Needs to Appoint New Commissioners

For the second time in two weeks, Commissioners at the Nuclear Regulatory Commission (NRC) have rejected staff recommendations to improve security at nuclear power plants by a tie vote of two-two. NRC rules establish that a tie vote means a rejected vote.
The first NRC action was to reject a staff recommendation that would have provided the public with more information on the results of security inspections at nuclear power plants……….The NRC Commissioners are not doing the American people any favors by dismissing the recommendations of their staff security experts about how to protect these nuclear power plants from a realistic threat. Who are these men ? Overriding their own staff on safety ? NRC was supposed to protect us and ensure safety !

NRC: Pa. nuclear plant workers fear retaliation

ALLENTOWN , Pa. —AP-The Susquehanna nuclear plant in northeastern Pennsylvania is the nation's leader in anonymous allegations made by employees to the Nuclear Regulatory Commission.
The agency says it believes some workers at the plant near Berwick are afraid to raise safety issues with their bosses because they fear retaliation. http://ydr.inyork.com/ci_11573233

Yes indeed whistleblowers are generally fired, such as Dr. Nancy Harvin blowing the whistle in Salem . There is hope now, read: House passes bill to protect whistleblowers By JIM ABRAMS –
It’s about time ! Too may people’s reputations have been destroyed for telling the truth. More than 60 years in the making , nuclear waste from the military
program !!! It simply boggles the mind

Appropriation, 2008 1 $5,349,325,000 Budget estimate, 2009 5,297,256,000 Recommended, 2009 5,425,202,000
Comparison:
Appropriation, 2008 +75,877,000 Budget estimate, 2009
+127,946,000 ------------------------------------------
The Committee's recommendation for Defense Environmental Cleanup totals $5,425,202,000, an increase of $127,946,000 over the budget request of $5,297,256,000. Within the amounts provided, the Department is directed to fund hazardous waste worker training at $10,000,000.
Savannah River Site.-- Waste Isolation Pilot Plant (WIPP). Idaho National Laboratory. Oak Ridge Reservation.-- Hanford Site.—and many more
But have no fear, more foreign waste is coming

More spent fuel is coming

By Rob Pavey Staff Writer
Savannah River Site has been cleared to accept an additional 1.1 metric tons of spent nuclear reactor fuel from foreign research reactors under a program designed to prevent such material from falling into the hands of terrorists.

How much will it eventually cost when the waste from commercial nuclear plants brings in the bill for cleanup ! Cheap nuclear power ? Not in my book

Jud Bennett Writes: Is John Brady Going Blue?

Dear Friends,

Rumors are running rampant about the apparent possibility of Sussex County Recorder of Deeds and former GOP Candidate for Insurance Commissioner-John Brady leaving the Republican Party to become a Democrat. That being said, Brady confirmed today with me that he is definitely considering the switch, but is still not sure.

Clearly disillusioned with the Grand Ole Party, Brady claims he is disappointed in the lack of financial backing he was promised during his campaign for Delaware Insurance Commissioner and some internal party mishandling of his campaign advertising. Further salt was rubbed in his wound when he was not rehired as a House Attorney by the now Republican minority in the Delaware House of Representatives.

If indeed John Brady does leave the floundering Republican ship, although bad news for the Delaware GOP, it could be good news for Brady and the Democrats. Word has it that the Ds will welcome him with open arms and support him in a future primary against Karen Weldon Stewart--Delaware's current Insurance Commissioner. Whether or not the "Big Guy" actually will defect or not remains to be seen. We should know for sure next week, according to Brady. I've been promised to be one of the first to know!

Ethics Lecture Series At Unitarian Fellowship In Newark

The Unitarian Universalist Fellowship of Newark begins a six-week lecture series at 7 p.m. tonight on
ethics in society and the workplace Feb 4.
The first speakers are Dr. Richard Hanley and Dr. Fred Schueler from the University of Delaware where they are philosophy professors. Schueler is chair of the philosophy separtment and specializes in ethics, philosophy of mind and philosophy of action. Hanley specializes in ethics, metaphysics, and popular culture.
Other topics include:
ethics and scientific research Feb. 11;
religion and ethics Feb. 18;
environmental ethics Feb. 25;
ethics and the media March 4
and medical ethics March 11.
Unitarian Universalist Fellowship of Newark is located at 420 Willa Road in Newark.
The event is free and open to the public.

Mid-Atlantic Power Pathway Controversy

Mid Atlantic Power grid improvements ??

Environmentalists are divided over the merits of a Pepco Holdings plan to string a 500-kilovolt power line through the heart of Delaware to better connect southern power plants with growing demand in the mid-Atlantic region.
Pepco's proposed Mid-Atlantic Power Pathway would be like an interstate highway of electricity, designed to make more space on the often-choked power grid for electricity to flow to growing population centers on the East Coast.
Clean-air advocates say it could help carry clean wind power to the homes and businesses that need it, even as they worry it will also import dirty coal-fired power from the South and Midwest.
Wildlife and property-rights advocates are afraid the line will be a blight on the landscape, running through fragile areas along the Delaware River and Bay.
The most controversy in Delaware about the power line, which is now being examined by the public in a series of public hearings, is likely to focus on an eight-mile stretch of land in southern New Castle County.
The utility would need to acquire an easement through an area near the Delaware River that includes many wetlands and state-designated critical natural areas.

Carper, naturally, storms ahead with a mumble-jumble of platitudes...

Carper said the question of the power line needs to be considered in a larger context. He harkened back to the construction of Del. 1 to handle an increase in north-south travel, noting that along with the new road came a look at expanding public transit, car-pooling, and other alternatives to driving.
"Upgrading power lines on the Delmarva Peninsula may be necessary, but I hope Delawareans will take this opportunity to look not only at where a power line might go, but also at how they could help reduce the need for a new line in the first place," Carper said.
He said that could come by saving electricity, installing solar panels on their homes, adding insulation, purchasing Energy Star appliances, or taking other steps to save electricity.

The next community meeting about the power line will be held Wednesday at the Millsboro Civic Center, 322 Wilson Highway, 6 p.m.

Jack's Mice Farm?

Kilroy has been kicking around some pretty substantial ideas, hopes and aspirations on the state of education in Delaware since the new state executives took their seat.
But the gloves are definately off now...
He wants some transparency, man!
Jack's Slide 14 ~

Now the State of Delaware will ask the people to make sacrifices at the same time our governor refuses to make an “Executive Order” calling for full financial transparency of public schools and DOE!

Meanwhile, Charlie Copeland's digging into what will be Markell's biggest challenge ~ The Big Head Committee and Sussex Green digs into more transparency issues with Markell's recent cabinet decree to seemingly filter every public interface first with his communications staffers.

Don't Bill Now For New Reactors, Panel Argues"

Frieda Berryhill writes ~
A Public Advocate Office worthy of its title :

Don't bill now for new reactors, panel argues

By Walter C. Jones Morris News Service
ATLANTA --- Georgia Power
Co.'s customers shouldn't pay $1.6 billion for two power plants before they're
built on the site of Plant Vogtle near Waynesboro , say the public-advocacy
staff of the Georgia Public Service Commission.
CWIP (Construction work in
Progress) is allowed in Georgia (as in many other states) It means that a
company can bill its customers for a new nuclear plant at the start of
construction.
Translation: The consumer who has no voice in the
decision-making process takes the risk, not the company and their stock holders.
“"Revenues should only be collected from those ratepayers who are receiving
service, otherwise current ratepayers are forced to subsidize future ratepayers,
and they are forced to pay for assets that are not benefiting them," writes Tom
J. Newsome, the director of utility finance with the commission.
http://chronicle.augusta.com/stories/2008/12/23/met_505043.shtml

50 $ Billion for the faltering nuclear industry contained In the stimulus package !
This in spite of :

1.) Wall Street wouldn't finance even when it had cash
2.) In late 2007, nuclear power's Congressional Godfather, then-Sen. Pete Domenici (R-NM), stuck a similar $50 billion loan guarantee package into that year's energy bill..(which was defeated)
3.) In late 2008 the industry came back again with a blank check package that went down in flames along with the stock market.
4.) The Congressional Budget Office now predicts that half the nuclear utilities using such a loan program will go into default.
5.) This guarantee package was not part of the Stimulus Package that passed the House. But secretly found its way into the Senate Bill. Numerous national organizations have voiced their protest against this inclusion. This is not a done deal, therefore
please call your Senator !!!

Frieda Berryhill Writes: Global Media Access With A Click

I CLICKED ON DELAWARE AND SURE ENOUGH, THE FRONT PAGE OF TODAY'S NEWS JOUNAL POPPED UP!

Just put your mouse on a city anywhere in the world and the newspaper headlines pop up... ?Double click and it shows the whole front page. About 580 newspapers from over 80 countries.

http://www.newseum.org/todaysfrontpages/flash/

Also, if you look at the European papers, the far left side of Germany will pop up as The Stars & Stripes (European edition, of course).

AND, this site changes everyday with the publication of new editions of the paper.
Each Paper can be accessed through their link on the page.

Lisa Diller Is New Castle County's Best Newark Area Council Candidate EVAH!

John Tobin sets the tone for why his special lady, Lisa, deserves our vote in Newark's special election for County Council.
:-) Thanks John!

"China Blames Pollution As Birth Defects Rise"

It is not to hard to have predicted the sad eventuality of this headline: China blames pollution as birth defects rise: state media

BEIJING (AFP) – Every 30 seconds a baby is born with physical defects in China, partly due to the country's deteriorating environment, state media said, citing a senior family planning official.
The figure, reported by the China Daily in its weekend edition, adds up to almost 1.1 million in a year, or about seven percent of all births in the world's most populous nation.
"The number of newborns with birth defects is constantly increasing in both urban and rural areas," said Jiang Fan, vice-minister of the National Population and Family Planning Commission, according to the paper. She did not give a figure for the increase in the prevalence of birth defects in recent years.
A report in the Hong Kong-based Ta Kung Pao newspaper last month gave a lower figure for birth defects, saying they showed up in four to six percent of all births in China.

Bush Shoe Sculpture's Removal Order Carried Out

Too bad it was erected at an orphanage...
...The monument was reportedly taken down just a day after being unveiled in the late Saddam Hussein's home town.
~*~
BBC News -Inspired artist: When the sculpture was unveiled, artist Laith al-Amari insisted it was not a political work, but a "source of pride for all Iraqis".

Bye Bye to the bronze shoe filled with a plastic shrub.
Fatin Abdul Qader, head of an orphanage and children's organization in the town, said the one-and-a-half-tonne monument by artist Laith al-Amiri was titled "statue of glory and generosity."
"This statue is the least expression of our appreciation for Muntazer al-Zaidi, because Iraqi hearts were comforted by his throw," she said.

An Anniversary To Remember

Delmar DustPan's Howard remembers:

Today in 1968 Saigon police chief Nguyen Ngoc Loan executes a Viet Cong officer with a pistol shot to head producing one of the more famous photos of Vietnam. This photo won a 1969 Pulitzer prize for its photographer Eddie Adams.

StayOutOfMyPocket Writes: Warns Of Weakening NCC Land Use Code Ahead

Developer Influence Dismantling UDC?

County Council President Paul Clark introduced two key pieces of legislation that weaken the Unified Development Code. In addition to his staunch support of WFH, Clark has acted on the "recommendations" of developer attorneys and real estate developers to ease traffic and environmental constraints.

Clark's Actions:

During Clark's campaign, he repeatedly stated that he would get rid of a section of the Unified Development Code (UDC) which was viewed as an obstacle to developers.

03.319 required the County to consider the impacts of development on the existing community character, including but not limited to, visual impacts upon adjacent or nearby lands and communities. (See below for explanation of what is was and section below that is excerpted from the UDC as it USED to be before Clark had it removed)

WHY?

It was seen as a barrier to developers and they lobbied to have it removed.

WHAT DID THIS DO?

The striking of this language removed a public hearing that gave the taxpayers a chance to testify as to potential adverse impacts including impacts on the school district and traffic/transportation infrastructure etc.

WHEN?

Clark introduced ordinance 05-087 in July 2005 and it was passed (not unanimously) in October 2005.

-LEGISLATIVE INTENT AND PURPOSE

"Section 40.03.319 of the New Castle County Unified Development Code (UDC) requires each Open Space Planned (Option 2) land development in the S (Suburban) zoning district to be subject to a public hearing before both the Department of Land Use and Planning Board. Following the hearing, both the Department and the Planning Board will prepare a recommendation on the proposed development option and will forward that recommendation to New Castle County Council. An ordinance approving the development option is introduced at Council and after a hearing, County Council shall act. County Council approval will constitute approval of the preliminary plan.

Section 40.03.319 of the UDC also provides criteria for review. Both the Department of Land Use and the Planning Board in their recommendation, and County Council, shall consider the following criteria:

(1) the consistency of the proposed development with the character of the existing development in the area; and

(2) whether the proposed development is sufficiently designed to avoid adverse impacts, including, but not limited to, visual impacts upon adjacent or nearby land and communities."

40.03.319 Open Space Planned, Open Space Subdivision, and Alternative Development Options

A. Notwithstanding any other provision in this Chapter to the contrary, in any district zoned S, all proposed open space planned land development, open space subdivision option 2 land development and former Code alternative development options shall require a public hearing before the Department and the Planning Board, and a public hearing before County Council prior to preliminary plan approval. Following the public hearing before the Department and the Planning Board, the Department and the Planning Board shall provide a recommendation to County Council. The recommendation may include recommended conditions or restrictions on the proposal. Upon receipt of the recommendation from the Department and the Planning Board, County Council shall introduce an ordinance and schedule a public hearing to consider the proposal.

B. County Council may impose limitation or conditions upon its approval of the ordinance.

C. Not withstanding any provision of this Chapter to the contrary, approval of the ordinance shall require the vote of a simple majority of County Council and, if approved, shall constitute approval of the preliminary plan. In the event a simple majority of County Council does not vote in favor of the proposed open space land development, open space subdivision option 2 land development, or alternative development option, no such development shall be permitted.(through May 31, 2002)

http://www.co.new-castle.de.us/CountyCou...p?b=O05087

Council Reporting System Bill #:

Sponsor: Show Co-sponsorships

Intro Dates: through (Ex: 01/25/2001)

Bill Name: Bill Title:

Bill/Resolution # O05087 - Passed

Sponsor: CLARK, PAUL G. (CP)

Co-Sponsor(s): WEINER, ROBERT

Intro Date: 07/26/2005

Action Date: 10/25/2005

Restrictions: Board Approval: Dept. Approval:

Bill Title: TO REVISE CHAPTER 40 OF THE NEW CASTLE COUNTY CODE (ALSO KNOWN AS THE UNIFIED DEVELOPMENT CODE OR "UDC") REGARDING ARTICLE 2 ("ESTABLISHMENT OF ZONING DISTRICTS"), ARTICLE 3 ("USE REGULATIONS") AND ARTICLE 31 ("PROCEDURES AND ADMINISTRATION").

Description: SUBSTITUTE NO. 3 PASSED ON 10/25/05 ARTICLE 2 AMENDMENT - DELETES LANGUAGE REFERRING TO FORMER CODE ALTERNATIVE DEVELOPMENT OPTION PLANS; DELETES THE SEC. 40.03.319 PUBLIC HEARING REQUIREMENT FOR OPEN SPACE PLANNED AND OPEN SPACE SUBDIVISION OPTION 2 LAND DEVELOPMENT OPTIONS TO PERMIT SUCH DEVELOPMENT AS A MATTER OF RIGHT SUBJECT TO THE SAME REVIEW PROCESS AS ANY OTHER MAJOR LAND DEVELOPMENT PLAN.

Votes: WEINER, ROBERT YES

HOLLINS, PENROSE NO

VENEZKY, KAREN NO

POWELL, PATTY NO

TANSEY, WILLIAM J. YES

SMILEY, GEORGE YES

CARTIER, JOHN YES

SHELDON, TIMOTHY P. YES

STREET, JEA P. NO

TACKETT, DAVID NO

BELL, WILLIAM NO

CLARK, PAUL G. (CP) YES

REDA, JOSEPH YES

~*~

WHAT?

CLARK INTRODUCED LEGISLATION REMOVING THE TRANSIT REQUIREMENT FROM THE UDC SUBURBAN TRANSITION ZONING.

WHO?

WENDIE STABLER, LAW PARTNER OF PAMELA J. SCOTT WAS ONE OF THE ATTORNEYS/DEVELOPERS/REAL ESTATE AGENTS WHO URGED COUNCIL TO REMOVE THE "OBSTACLE" OF THE TRANSIT REQ.

WHY?

THIS STREAMLINED THE APPROVAL PROCESS FOR DEVELOPERS.

The zoning classification of ST(Suburban Transition) allows for more dense development and SHOULD logically include a requirement for transportation capacity consideration. Yet Clark introduced(and it was passed) legislation to REMOVE that language.

See the meeting minutes below for information on who requested the changes.

Mtg. took place 10/11/07. Clark was present at that meeting.

VINCE D'ANNA- REALTOR "Transit requirement is a regulatory barrier. Would eliminate anything south of the canal from eligibility. ""Need to look at revising the UDC more generally for all development."

LARRY TARABICOS-LAND USE ATTORNEY AND SELF-PROCLAIMED AUTHOR OF FIRST DRAFT OF WFH. "Need to find ways to consider relaxing traffic standards.""UDC is not going to be revoked. Need to realistic about what components can be."

WENDIE STABLER-LAND USE ATTORNEY, LAW PARTNER OF PAM SCOTT."Public transit requirement for ST is a problem.""Should be prepared to address questions citizens may have about the effect on property values."

BEVERLY BAXTER-COMMITTEE OF 100" Need to establish ability to construct by-right to eliminate uncertainties of political process.""By-right, address NIMBY"

Council Reporting System Bill #:

Sponsor: Show Co-sponsorships

Intro Dates: through (Ex: 01/25/2001)

Bill Name: Bill Title:

Bill/Resolution # O08040 - Passed

Sponsor: CLARK, PAUL G. (CP)Co-Sponsor(s):

Intro Date: 04/08/2008

Action Date: 07/08/2008

Restrictions: Board Approval: Dept. Approval:

Bill Title: TO REVISE ARTICLE 2 ("ESTABLISHMENT OF ZONING DISTRICTS") CHAPTER 40 OF THE NEW CASTLE COUNTY CODE REGARDING ACCESS TO TRANSIT SERVICES IN THE SUBURBAN TRANSITION (ST) ZONING DISTRICTS.

Description: THIS ORDINANCE AMENDS DEFINITION OF ST ZONING BY REMOVING THE REQUIREMENT THAT PUBLIC TRANSIT MUST BE IN EXISTENCE AND ADDS THE REQUIREMENT THAT APPLICANTS SHALL PROVIDE AMENDITIES IN CONTEMPLATE OF FUTURE TRANSIT SERVICE ON ALL PLANS PROPOSING DEVELOPMENT WITHIN ST ZONED DISTRICTS WHEN REQUESTED BY DELDOT/DART.

Votes: WEINER, ROBERT ABSENT

HOLLINS, PENROSE NOT VOTING

TANSEY, WILLIAM J. NOT VOTING

SMILEY, GEORGE YES

CARTIER, JOHN YES

SHELDON, TIMOTHY P. YES

STREET, JEA P. NOT VOTING

TACKETT, DAVID NOT VOTING

BELL, WILLIAM YES

CLARK, PAUL G. (CP) YES

REDA, JOSEPH YES

POWERS, WILLIAM YES

MCCLELLAN, STEPHANIE YES

~*~

CLARK'S OWN COUNCIL MEMBERS FORMALLY URGE HIM TO RECUSE FROM LAND USE MATTERS DUE TO POTENTIAL ETHICAL CONCERNS.

HE DECLINES TO DO SO. SEE RESOLUTION BELOW.

Council Reporting System Bill #:

Sponsor: Show Co-sponsorships

Intro Dates: through (Ex: 01/25/2001)

Bill Name: Bill Title:

Bill/Resolution # R08141 - Passed

Sponsor: MCCLELLAN, STEPHANIE

Co-Sponsor(s): CARTIER, JOHN, HOLLINS, PENROSE, STREET, JEA P., TACKETT, DAVID, TANSEY, WILLIAM J.

Intro Date: 07/22/2008Action Date: 07/22/2008

Restrictions: Board Approval: Dept. Approval:

Bill Title: SUB. NO. 1 TO R08-141. TO URGE PRESIDENT PAUL CLARK TO REFRAIN FROM INTRODUCING AND SPEARHEADING LAND USE LEGISLATION UNTIL STEPS ARE TAKEN TO RESTORE PUBLIC CONFIDENCE IN THE IMPARTIALITY OF THE PROCESS.Description: SAME AS TITLE

Votes: WEINER, ROBERT YES

HOLLINS, PENROSE YES

TANSEY, WILLIAM J. YES

SMILEY, GEORGE NO

CARTIER, JOHN YES

SHELDON, TIMOTHY P. NO

STREET, JEA P. YES

TACKETT, DAVID YES

BELL, WILLIAM NO

CLARK, PAUL G. (CP) NO

REDA, JOSEPH NO

POWERS, WILLIAM YES

MCCLELLAN, STEPHANIE YES

~*~

Clark and Coons claim the State "knew everything". They claim the State knew about and reviewed WFH.

The TRUTH is the State did NOT know, NEVER reviewed 07-150, and yet they are still making this claim.

Stayoutofmypocket will post documentation to prove they are lying to the citizens of Delaware about what State Planning(OSPC) knew about 07-150.

Check back with the forum early next week for even more documentation.