Save The Date: 7PM June 16th At Holy Angels Near Newark To Protest Acierno's Box Store Rezoning Proposal For White Clay Creek

New shopping project isn't needed in Newark

Developer Frank Acierno has initiated efforts to rezone the Stopyra Tract on Possum Park Road at Capitol Trail entering Newark from suburban to regional commercial, proposing yet another shopping center in an area overwhelmed with commercial development. A meeting has been scheduled at 7 p.m. June 16, at Holy Angels Church and School, across from the site. One needs only to drive about a mile to the College Square Shopping Center to realize that more commercial space is not needed. Observe the amount of vacant space down Kirkwood Highway between Elsmere and Newark. How will such a development affect school buses and other traffic traveling to Holy Angels School and the adjacent major intersection that is already a bottleneck?It's time for New Castle County to take a lesson from the beautiful state of Vermont, which requires commercial development to be added in municipalities where the customers reside, not in outlying areas. No additional development is approved as long as there is vacant space available to be filled.

Jean P. Skibinski, Newark

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Note: I saw this plan go through the State Planning Office April 2011 PLUS process and it is going to be one huge, ugly box store-oriented strip right along the creek. The PLUS comments are online HERE at this pdf link - http://stateplanning.delaware.gov/plus/comments/2011-04-02_response.pdf

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The Barley Mill Project Doesn't Depict A Class War Or Does It? - All County Residents Deserve A Smooth Traffic Flow Paid For By Developer Keith Stoltz

~ PLEASE SEND IN YOUR COMMENTS TO NCC COUNCIL~
(WNJ) Adam Taylor reports ~ 'A great debate' on Barley Mill expected

The controversial plan to build a mall at the Barley Mill Plaza office complex in Greenville gets its long-awaited airing before the New Castle County Planning Board on Tuesday night. Supporters and critics of Pennsylvania developer Keith Stoltz's plan for the 92-acre former DuPont Co. property at Del. 141 and Lancaster Pike are expected to testify, County Council members Janet Kilpatrick and Bob Weiner said. "I've gotten about an equal number of emails from people on each side," Kilpatrick said. "I think we're going to have a great debate."The conflicting opinions show a growing sentiment that the scaled-down compromise plan negotiated by the Citizens for Responsible Growth doesn't equate to a community-wide seal of approval for the project, residents Tom Dewson and Mark Blake said."CRG is a community group, not the only community group," Dewson said.Stoltz needs a switch from office to commercial zoning to make the mall happen. The Planning Board will make a recommendation to County Council, which will vote on the rezoning request in October, county Land Use General Manager David Culver said.

...Some groups aren't happy that the deal between Stoltz and CRG "agreed to disagree" on traffic improvements. The dissident faction includes a new group called Save Our County, which in April called the CRG-brokered deal with Stoltz "unacceptable."Because the Barley Mill project is classified as a redevelopment, Stoltz does not have to perform a traffic impact study. That was part of the driving force behind a bill introduced by state Rep. Deborah Hudson to require traffic studies for development projects. Hudson's bill hasn't been passed and would not affect the Barley Mill project....[Mark] Blake, president of the Greater Hockessin Area Development Association, said his group can't support the project."Our group voted unanimously against the rezoning because all the traffic studies won't be done first," Blake said. "The taxpayers out here are tired of paying millions in traffic improvements for developers who make profits from their projects."Culver said the final plan for traffic improvements might not be completed by October, when County Council votes on the rezoning proposal.

Click here to add your comments (and then email them to Janet Kilpatrick)
http://www.delawareonline.com/comments/article/20110606/NEWS02/106060316/-great-debate-Barley-Mill-expected

by NancyWilling
This isn't the first time Kilpatrick has claimed to have gotten equal numbers of emails supporting 'sides' of an issue. Maybe she'll also attend the Planning Board meeting to hear the community she represents in person to see how many people are upset with the absence of traffic impact studies sweetheart deal for Keith Stoltz. The day this supposed 'compromise plan was filed in Paul Clark's Land Use office was the day his wife supposedly stepped off the case. The old plan, however, is still active and retains THE SAME IDENTICAL PLANNING NUMBER as the newone......hummmmm. Two active plans, one being ginned-up , one might say astroturfed- grassroots-approved with a deed restriction that only has a 10 - 15 year 'shelf life'. Doesn't Greenville get it that Stoltz may well screw them in the end either way? I say to council and the Planning Board -deny this rezoning until all traffic studies are submitted and we know exactly how much of the road improvements this developer will be paying for. That is how county law should work. Don't give this rezoning without it.

I would caution the tendency to render this as Greenvill's problem. All the people who have to cross the intersection at Rte 141 and Lancaster Pike will be negatively impacted. If Stoltz isn't forced to have to pay for any traffic mitigation improvements to the road infrastructure, who will pay to alleviate the grid lock? It will be the entire state of Delaware, that's who. This isn't a class war that the average Joe can "win" if they sit back and laught at Chateau County snobs 'getting their due'. This is whether or not Keith Stoltz will be held to paying for the costs of the necessary facilities to support his new growth as the law allows for all other new development. Stoltz stands to gain millions of public dollar investment via the Transportation Trust Fund under his project's exception -- the huge carveouts created by Pam Scott-Paul Clarky and Chris Coons for plans like Stoltz that mysteriously appeared to qualify as ReDeveloment on the 2007 Comprehensive Plan Update maps.

(WNJ. Jim Graham images)

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Delaware Clean Water State Revolving Fund Is Showcased At Kent County Event

(presser)

Governor Markell Proposes Partnership for Clean Water and Jobs

Kent County Regional Wastewater Treatment Facility Honored by the U.S. EPA

At the Kent County Regional Wastewater Treatment Facility today, Governor Jack Markell proposed taking advantage of a partnership opportunity with the federal government to invest in clean water projects that create local jobs, provide long-term water quality benefits, and protect public health and the environment.
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"You can’t grow a healthy family without clean water. You also can’t grow a healthy community or a healthy company – whether you're a small or large employer – without a clean, reliable water supply," said Markell. "Investing in clean water infrastructure will pay significant dividends for Delaware’s economic growth, our environment and the safety of our families, while creating jobs now."
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The proposal would enable Delaware to leverage a federal capitalization grant of $7.2 million for the Delaware Clean Water State Revolving Fund. The State would allocate $2 million through the fund, bringing a total of more than $9 million for new projects. The proposal would also allocate $600,000 to construct and operate an expanded groundwater-monitoring network in southern New Castle County and northern Kent County.
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The Delaware Clean Water State Revolving Fund supports projects that repair and expand wastewater treatment plants and sewer systems and replace failing on-site septic systems. Funds could also support construction projects that: control flooding in communities; protect drinking water wells from pollution; reduce stormwater runoff and erosion; protect the water quality of our bays, rivers and streams; and improve energy efficiency at wastewater facilities, saving taxpayers money.
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“Right now Delaware has 41 clean water projects under construction totaling nearly $100 million – more projects underway than at any time in our state’s history,” said Delaware Department of Natural Resources and Environmental Control Secretary Collin O’Mara. “The Governor’s proposed investment will support critical water quality projects benefitting Delaware’s economy and environment and will help ensure cleaner, healthier bays, rivers and streams for years to come.”
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The announcement was made at the Kent County Wastewater Treatment Facility—a nationally recognized example of a Clean Water State Revolving Fund (CWSRF) success story. EPA Regional Administrator Shawn Garvin praised the facility for its safety, energy efficiency and effectiveness and presented EPA’s PISCES award for “performance and innovation in the State Revolving Fund creating environmental success.”
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"EPA is proud to partner with Delaware in creating jobs, increasing economic development and protecting public health and the environment through the Clean Water State Revolving Fund," said EPA mid-Atlantic Regional Administrator Shawn M. Garvin. "These new investments build on our track record of success, including the novel, forward-thinking features at this Kent County facility." Kent County received EPA’s PISCES award for multiple innovative projects: a renewable energy park that includes 6,000 solar panels, three greenhouses for passive solar drying of waste sludge, a new UV disinfection system and a 60,000 gallon elevated water storage tank. The 1.2-megawatt solar system, manufactured by Motech Americas in Newark, reduces operating costs by almost 20 percent. In 2009 Kent County secured CWSRF financing of $15.5 million including $1.1 million in federal stimulus funding (American Recovery and Reinvestment Act) to cover these efforts.
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Approved last December, Kent County received a second CWSRF loan of almost $7 million for a new nutrient removal system and the expansion of treatment capacity to meet the needs of a growing county. To cover project costs of $18.4 million, this project leveraged USDA funding of more than $11 million. "In recent years Kent County has done a tremendous job in making the treatment plant a model of efficiency. It is a great accomplishment to be so highly regarded,” said Kent County Levy Court Vice President Allan F. Angel.
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CWSRF investments are supported by EPA capitalization grants and State of Delaware matching funds. The Fund was created by the Delaware General Assembly in 1990 and administered by the Delaware Department of Natural Resources and Environmental Control. Projects are reviewed by the Clean Water Advisory Council, a 12-member committee appointed by Governor Markell and recommended to DNREC Secretary Collin O’Mara for funding. To date in 2011, the CWSRF has received 15 requests for new infrastructure projects – totaling almost $66 million. Of the proposals, three clean water projects totaling about $4.3 million have been selected for funding.
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Kent County’s Sewage Disposal District No. 1 will receive a $1.14 million loan for county central sewer service to the East Dover area that eliminates existing, individual on-site septic systems. The sewer service includes the mobile home parks of Grandview, M&S, Oak Grove and some existing strip lots. Pollution from these septic systems is impacting Little Creek and groundwater.

City of Wilmington will receive a loan of $1.7 million to address combined sewer overflows in the Kentmere and Union areas that are impacting Brandywine Creek and the Christina River. City of Wilmington will receive a loan of $1.5 million for a project that assist the city in sampling and flow monitoring of the influent force main leading into the Wilmington Wastewater Treatment Plant. In August, the Delaware Department of Natural Resources and Environmental Control will hold a second solicitation period for new clean water project requests. For more information, visit DNREC’s website, www.wr.dnrec.delaware.gov/Services/Pages/FinancialAssistanceBranch.aspx.

Also, (WDEL) Amy Cherry reports ~ Study: DE Estuary worth $10B to local economy

A new study by the University of Delaware defines the economic importance of the Delaware River and Bay. WDEL's Amy Cherry reports. "We know that investing in Delaware River and Bay is investing in our region."The study, commissioned by the Partnership for the Delaware Estuary, finds the Delaware River and Bay is worth more than $10 billion to our economy. Jennifer Adkins with the Estuary tells WDEL that significant economic impact will help them accomplish their 2011 priority projects."The Delaware Bay oyster restoration project, which is a partnership between scientists, conservationists, and industry to plant clean shell in Delaware Bay to grow oyster population," says Adkins. Adkins says this project is a top priority. "Delaware Bay oyster restoration is an ongoing project that's just critical, not just to the health of the bay, but also to our regional economy".

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Crowding Into A House Committee Yesterday Talking Development, Traffic Congestion And Who Should Be Paying For Road Improvements

The House Transportation, Land Use and Infrastructure Committee tabled a 'traffic bill' yesterday written in part to respond to citizen anger with the massive Stoltz "redevelopment" proposals for Chateau Country (Jim Graham's photos taken at the Hobbs farm in Greenville last year as protests got underway).

In response to all of the attention, DelDOT has written a draft of new traffic study regulations that do include studying a larger area based on the square footage of a project but don't address the deficiencies in the Memorandum of Understanding between New Castle County and the state transportation agency. There are 30 days for public comment if you feel so inclined (SEE: Delaware Register of Regulations).
(WNJ) Chad Livengood writes ~ Traffic studies bill hits nerve DelDOT, counties, unions fear effects on development

DOVER -- A legislative effort to put developers on the hook for improving roads that become congested by their projects ran into opposition Wednesday from Delaware's Department of Transportation, Delaware's counties, business groups and unions. Rep. Deborah Hudson said her bill was prompted by DelDOT and New Castle County's leniency in allowing the development of a major office and commercial complex at Barley Mill Plaza without a full traffic impact study. "So, if for the biggest commercial property in Delaware, DelDOT does not feel that a traffic impact study is warranted, then when would
it ever be?" asked Hudson, who represents the area affected by the development at Del. 141 and Lancaster Pike.
...Hudson and other critics said DelDOT's regulations don't get at the root of the problem -- that developers have found a way to get off the hook for major road construction improvements under the auspices of so-called "redevelopment.".....Other projects in New Castle County where redevelopment or workforce-housing status were granted have been exempted from traffic impact studies, angering residents who feel the state is ignoring their concerns to appease powerful developers, Hudson said. "The main reason I'm doing this bill is that people are mad," said Hudson, R-Fairthorne. "Citizens have come to mistrust DelDOT, as they see or feel that citizens and taxpayers are not being heard when it comes to development in their areas."

Some comment rescues ~

jeepxj12 -"If you want less traffic, we have to have more unemployed, more vacant buildings," said Rich Collins of the Positive Growth Alliance, an organization that monitors state regulations of businesses.'Huh? I didn't see where she wanted less traffic at all. I took out of this article that Hudson wants the developments to pay for upgrades in the infrastructure to carry the extra capacity of traffic they are generating. To me that's the whole problem with this state. We never learned from Jersey's problems. We are following in their footsteps. We approve these developments at the county level. Then the county is like hey DelDOT we have a traffic problem. DelDOT is like well we don't have money and that project is about 10 years away. It's backwards developing. You worry about your roads first and then you can develop. Now we have all these developments and can't widen roads because of high density development right on the road that needs to be developed.

treciama - We already know that DelDOT thinks it’s their JOB to push development and expansion. (Sunstrom recently made that crystal clear in a statement to TNJ.) Now we hear AGAIN from the developers’ hired guns who always come out in force whenever voices of reason emerge to demand accountability and proper allocation of the costs for development. Then there’s the usual bench of enabling pols who never saw a crony give-away that they didn’t prefer to serving the financially reeling taxpayers who get stuck with the bills for development costs after the shoddy goods are sold and the developers leave with their profits. Those are the ones pushing the massive road projects that we don't need and that will (1) reallocate money from hard-pressed families to developers' pockets, (2) reduce the actual long-term quality of life for all but developers craving needless landing strips to their front doors, (3) create a future financial funding crisis that will victimize taxpayers and motorists again and again, and (4) continue to feed the DelDOT addiction to over-building.A failed DelDOT chasing the wrong priorities is the problem. The entrenched pol/crony system is also the problem.The refusal to govern in light of economic reality, taxpayer outrage and the public good has not even begun to penetrate their obsession to run their fiefdom unchanged- taxpayer be damned! Let's STOP the madness and require accountability!

LibBeGone - Growth is good. Fine, I agree. Growth without growth of infrastructure is madness. Developers do not want to pay for studies and worse yet, pay for road construction. However, this is a facet of life that we have to stop overlooking.The problem in DE is that the majority of the builders (Capano, Pettinaro, et. al) are SOOOO deep into the pockets of the democrats in county council and the state House that we have little say in the matter.

Rider2008 - I'm going to break tradition here and defend DelDOT. Here's how it goes:
Developer proposes a plan or requests a rezoning. Does a traffic study. DelDOT identifies road will require upgrading and therefore does not recommend approving the plan unless road expansion can be funded. New Castle County council then reviews the report and regardless of the reports recommendations, It approves the plan without identifying how the road upgrade will be funded. County Council has been in bed with the developers for years so they HAVEN'T denied a proposal for decades. Council thumbs its nose at DelDOT and tells them, "It's your problem now, figure out how to upgrade the road and fund the upgrade. Next." Why do you think New Castle traffic sucks so much? DelDOT hasn't had the funding or management to deal with all the approvals Council has granted. So traffic becomes the snarling mess that it is. Council is our wonderful local control and their corrupted so any sort of intelligent planning goes out the window.Better yet, Council proposes and passes "workforce" housing to INCREASE density and vehicles which the roads can't accommodate but developers love because it increases revenue for any given parcel. Learn the system and you can get rich or sick to death, doesn't even depend on which government entity it is. The legislator is right to try and push the burden onto the contractors. They've been abusing the system for years.

blogup You - can't build a stadium, hotel or other crowd magnet without providing parking as
part of the development plan. And usually projected to be built near a major highway to minimize traffic on smaller, local roads. Think Citizens Bank/Franklin financial Orioles/Ravens, etc. If DelDot wants to change the way traffic studies are done, there's something rotten in the woodpile. Remember the Hotel Nowhere saga down along Airport Road. There were allegedly two additional floors on the building that noone in Land Use ever spotted until the owners went for their C of O. Then the County said in so many words "oh, you can't have that many rooms, there's not enough parking". If they want to build it, getting people in and out is their responsibility! We're not talking about a hot dog stand here. Disney World was not built on a two lane blacktop nor should this operation be built on two already overcrowded roads. Jersey, here we come!

whaler Go - get 'em Debbie.........they could give a rats butt about benefits to the community......it's all about the money.....don't lose sight of that real and greedy basic fact.

dogdonhunt - Let me get this straight. The developers don't want to pay their fair share of the costs of NEW infrastruture to support the developments they are making millions from. I suppose the taxpayers are supposed to foot the bill for the required infrastructure. Waivers of traffic impact studies or development codes that are chock full of loopholes that allow developers to skate around the transportaion infrastructure requirements are nothing more than developer subsidies on the backs of the taxpayers. Again. Rich Collins and his PGA buddies need to take a ride up and down the state and check out all the vacant properties(residential and commercial) that are already out there. As usual, Mr. Collins is ramping up his best "Peter and the Wolf" imitation. "No jobs! Rampant unemployment! No growth NIMBYS!" Stifle it Mr. Collins. We've heard it all before and in case you and your greedy friends haven't noticed, the economy is already in shambles. The taxpayers don't have anymore to give. If developers want to develop, they MUST pay to play. Period. Kudos to Rep. Hudson for representing the taxpayers of Delaware. FYI- Mr. Collins, read the NJ "Our View-Dear Legislators-Have you seen the numbers?" in today's paper. You might learn something. SMH...

DoubleDensity - Requiring Developers to pay for the endless man hours they use up in NCC Land Use would balance the Counties budget. Issue them a credit card and let them pay for every hour, not fees waived.Barley Mill Plaza is the biggest Non Commercial site being developed in Delaware. They want us to UP-Zone their Office zoning to Commercial zoning.DelDot has been building roads for special Developers. Look at the crazy transit hub at Christiana Mall. Namanns Road allows traffic to leave 95 and head straight to Greenville over Thompsons Bridge. Think of the roads WE will have to build there. Come to the Planning Board June 7th at 7 to stop BMP from going Commercial!

AmazedinDE - Amazing! This is just another blatent example of the corruption which besets Delaware's local, county, and state government. Businessmen motivated by nothing else but profits have sent their minions and high-paid butt kissers to lobby politicians throughout the state to shackle legislation which would require a common sensen approach to development in Delaware. Do we really want traffic
lights at every intersection to control the flood of cars new developments and business projects bring to areas? I once lived in Pike Creek and it would take me 45+ minutes to drive to Wilmington to work, which was only 10+ miles away, because of local traffic coming out of developments and clogging the few roads leading to Wilmington. Is this the situation we want throughtout Delaware? Take a ride to Long Island, which is about the same size as Delaware, and see what the future holds for Delaware is we continue unfettered and unregulated growth here. Government should not be in the business of protecting the profits of a few greedy land developers. It is also a lame excuse that business in Delaware will suffer if quality of life issues are addressed by legislators who care about Delaware and its people. Jobs should not be the limus test to determine whether something should or should not be done. Delaware will still be open for business for those business and developers responsible enough to pay for the actual cost of their actions, which includes infrastructure changes too. Let's start using some common sense, people. The Pettinaros, Capanos, Stoltzes, and their ilk have enough money. Let them pay for the traffic jams they're creating!

toomuchtraffic- AmazedinDE remarks about "quality of life" http://int.cnbc.com/id/37516044/ DE was #47 in the national 2010 poll, or 4th from the bottom. In 2009 DE was ranked #45, and 2008 as #46, hardly bragging rights for those elected to better our plight, rather than worsen it. So for the past 3 years it looks like they haven't been doing their jobs, at all.As for those who argued against making the developers paying their share for their profit, we read the comments for former representative Roger Roy, now showing his overly developer friendly bent ( check the State purchase of Garrison's Lake golf course)( exacly how long has he really been on their payroll), and Paul Morrill, fomer candidate for county council a few years ago, now the paid mouthpiece for the develope everything Committee of 100, dear friends of Paul Clark.Are Hudson's motivations to help the bankrupt DelDOT, her constituents, or our beleagured Quality of Life?Thanks for the article Chad, more reporting on how business is really done in DE!

truebluehen - "If you want less traffic, we have to have more unemployed, more vacant buildings," said Rich Collins of the Positive Growth Alliance, an organization that monitors state regulations of businesses.Who said anything about less traffic? This bill is about responsible traffic. It's about accountability & Delaware citizens deserve accountability from DelDOT, county government, & everyone else on the government payroll. Listening to Rich Collins is a waste of time -- he is spewing nonsense. All Delaware legislators needs to get on board with this bill.

TimtheGolfer - Uh isn't it DelDot that has screwed up recently? Maybe and perhaps if they (delDot) actually had some sort of guidance from "above" they just might get on right this century. This seems like a pretty good idea. One problem I see is if developers have to spend money fixing or building roads they will have less profit to use for political donations. Thus our "wonderful" legislators will have a little less money to spend on themselves. Wow I have just realized that for a good idea this is really complicated as far as DelDot, legislators, developers and any other money makers are concerned. The taxpayers? Oh hell we don't count for anything anyway. Untable this bill and pass it. We need to exercise a little control over development and perhaps all the developers will go away.

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Walmart Watch Writes: Call On Walmart To Be Honest About Political Giving

From the inbox ~ Join Walmart Watch in calling for complete transparency in the company's political giving.

Walmart’s Executive Vice President for Corporate Affairs and Government Relations says that the company's politics were "relentlessly nonpartisan" during the 2008 presidential election. But
according to a new Walmart Watch report, Walmart's Political Action Committee and the Walton family continue to give overwhelmingly to Republicans. When Walmart's PAC has given to Democrats, it was to those Democrats who were more likely to vote against President Obama's agenda.

Walmart’s PAC and the Walton family continue to give overwhelmingly to the GOP. The primary area of increasing support for Democratic Party candidates is among conservative Democrats in the House of Representatives. Blue Dog Coalition Democrats and members of the Tea Party are overrepresented in Walmart PAC political giving while Progressive Caucus Democrats are significantly under-represented.
Democrats supported by Walmart were much more likely to oppose key elements of President Obama’s
political agenda. At the state level, the company and family further wield their vast resources to undermine the interests of Walmart’s core customers (working families) and associates.

As Walmart's Shareholder Meeting approaches, now is the time to call on Walmart to let the public know the truth about its political giving.
Click here to take action now!

Best, Walmart Watch

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Common Sense In Action: Barbieri's Bill Gives Family Court More Discretion In Designation Status For Young Sex Offenders

(presser)

Juvenile sex offender legislation clears house committee
HB 137 would give Family Court discretion in determining if kids should be placed on registry

DOVER – Legislation giving Family Court discretion to determine whether young or low-level juvenile offenders should be branded as a sex offender – which can have harsh and unintended consequences – cleared a key House committee Wednesday.

House Bill 137, which was release from the House Judiciary Committee, would allow Family Court to determine when it is appropriate to designate juvenile offenders under 14 years of age as sex offenders. It also allows the court to make the same determination for minors who commit offenses that are not covered by the federal Adam Walsh Act, which requires sex offender registration for certain offenses.

Rep. Michael A. Barbieri, the lead sponsor of HB 137, said that giving Family Court more discretion with these young offenders is meant to reduce collateral consequences with registering a young child as a sex offender, a stigma that can follow them into adulthood and become an anchor on their lives. The bill, he said, is not designed to allow serious sex offenders of any age to avoid being properly punished and registered.

“We have an obligation to protect society from dangerous criminals and make the public aware of these harmful individuals if they are living nearby,” said Rep. Barbieri, D-Newark. “But at the same time, we have to be aware of the unintended consequences that these laws can have. Automatically registering a 12-year-old as a sex offender without taking into account disabilities or the circumstances of the situation can have devastating effects on them throughout their lives.”

Children who are placed on the sex offender registry can face harassment, taunting and social isolation. Being on the registry can prevent them from participating in certain activities, such as Boy Scouts. They can also experience barriers in housing, education, employment and travel, all of which prevents them from effectively transitioning into adulthood. Additionally, recidivism studies have shown that only about 7 percent of juveniles sex offenders re-offend if they have received treatment.

Under HB 137, if a juvenile offender doesn’t fall under mandatory sex offender registration, Family Court would hold a hearing to determine whether the juvenile has to register, considering the following:

• The risk the juvenile poses to the victim, community and other potential victims;


• The impact of registration and notification on the victim;


• The evaluation, risk assessment and treatment recommendations for the juvenile offender;


• The likelihood of successful rehabilitation for the juvenile;


• The adverse impact of public registration on the juvenile and his/her rehabilitative process.

“We’re not talking about judges arbitrarily making these decisions. We are requiring them to evaluate all the information rather than automatically having a juvenile registered,” Rep. Barbieri said. “But if there’s a heinous crime, they surely will be listed on the sex offender registry.”

The bill does not adversely affect Delaware’s compliance with the federal Adam Walsh Act.

According to Stand Up for What’s Right and Just (SURJ), only eight states require all juveniles adjudicated of a sex offense to register as a sex offender, and Delaware is the harshest because it has no minimum age and all offenders except the lowest level appear on a publicly viewable database. Twenty-five states either leave the matter of placing juveniles on the sex offender registry to the court’s discretion or limit placement to certain offenses.

As of January, there were 639 children on the Delaware sex offender registry, with 55 being 12 years old or younger. The youngest child on the Delaware registry was 9 years old at the time of his offense.

Several groups are supporting HB 137, including the Office of the Child Advocate, the Office of the Public Defender, Child, Inc., the Delaware Center for Justice, SURJ, the Latin American Community Center, Jewish Family Services, the YWCA of Delaware, the Girl Scouts of Chesapeake Bay, the Delaware Girls Initiative and the Delaware Coalition Against Domestic Violence.

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