Our comments on the White Clay Creek State Park Master Plan

Greetings, DE State Parks. Please add our comments below to the White Clay Creek State Park Master Plan, before the 8-2-2021 deadline. Thank you very much.

In no particular order:

• There is only 1 park bench/rest stop along the paved Tri-Valley SUP (Shared Use Pthway). There needs to be more, at equal distances, so people can stop, rest and take in the views. The same goes for the entire length of the Pomeroy and Creek Road Trails; there are no benches between Cleveland Ave in Newark all the way to PA, including at the various parking areas.
  
• "Shared Zone" (or similar, MUTCD) and posted speed limit signs need to be added along Creek Road from N. College Ave to Wedgewood Roads. This is a human-scale environment shared with motor vehicles. See attached image (right). Presently there is no signage, and cars -- often times speeding -- are weaving between bike-ped traffic.
• We do NOT agree with the others who are against using stone dust, fine gravel or limestone or other packing materials on trails. Please continue to use these as a proven means to control erosion and formalize trails as needed.
• Please REMOVE the hanging cable that is blocking Tom Sharpe Lane, at Judge Morris Estate, turning in from Polly Drummond Road. This is a trip or crash hazard, and should be replaced with a removable bollard(s) or partial gate with clear bike-ped access, e.g. along Creek Rd.
• Tell DelDOT to replace the unsightly concrete barriers on Creek Road at the Pomeroy Trail bridge curve with something more aesthetically pleasing. These are an eyesore and detract from the park's otherwise beautiful scenery.
• With the advent of "Gravel" bikes and wider trail riding, park trails and pathways should be sub-grouped into the following categories, and mapped as such, e.g. 1. PAVED  2. GRAVEL  3. MTB
• The Tri-Valley SUP is very overgrown between 9 foot Rd and its southern terminus at Thompson Station/SR72, and is reduced to about 2/3 width. This is hazardous for bi-directional bike-ped traffic. Please perform maintenance, including mowing and edging. At 8', this is the min recommended width for such a facility according to FHWA.
• Improve safety for the bike-ped crossing between Creek Rd (gravel section) and Tweeds Mill (nature center). A large-sized MUTCD-approved R1-5 in each direction would be a big improvement. As it stands now, most motorists continue through the marked crosswalk, even with people standing there waiting.
• Connect via SUP the Carpenter Area with the Pomeroy Trail, and that with the Possum Hill and Middle Run Areas.
• Continue working on a WCCSP-Fair Hill connection via SUP, if that is still being considered.

Thank you so much for listening. Please let us know if there is a way to track our comments, to verify whether or not they are being considered.

--Frank Warnock & Angela Connolly

Above: A hanging cable blocks the entrance to Judge Morris Estate at White Clay Creek State Park. Bollard(s) should always be used where foot & pedal traffic is permitted. Users -- especially the disabled -- should not have to lift their bikes, step over, or cycle around a lengthy stone wall to access the Estate.

Osienski: Just go for a bike ride, everything will be fine

By Angela Connolly

"Whether it's up north on the Mike Castle Trail along the C&D Canal, or down south on the Lewes-Georgetown, Junction & Breakwater, and Gordon’s Pound trails, Delaware has plenty of great options for cyclists. So on this Bicycle Day, it's a great excuse to jump on a bike and take a ride. My wife Betsy and I spent much of this weekend on our bikes at the beach. We both enjoy the many trails Delaware has to offer."  ~Rep Ed Osienski, D24

As the construction at the former Our Lady of Grace Orphanage Property is wrapping up, the townhomes are reaching almost to the Rt 4 frontage. This is a tragic sight that I see daily - whether from my car, on foot, or on my bicycle. It is a tragic reminder of a dream lost, an opportunity forever lost. It is a story of corruption, of indifference, of disregard for the quality of life for the people who live along the Rt 4 Corridor, and the communities nearby. It is a painful reminder of the lost lives of precious animal inhabitants - Eastern Box turtles, deer, fox, among many other reptile and mammal life, lost with the violence of the bulldozers. But most of all, it is a reminder of the failures of the local Legislators: Senator Bryan Townsend, Councilwoman Lisa Diller, and Rep Osienski, who, along with County Executive Matt Meyer, condemned their Constituents to a poor quality of life.

We in the Ogletown/South Newark area do not have access to nearby healthy, safe outdoor activity. We are relegated to using pathways that are unsafe and not maintained, falling into chronic disrepair. It is unacceptable to expect our residents to have to travel by car to reach a County Park which is well outside our region.

Above: Tragedy of epic proportions: Corrupt Legislators Rep Ed Osienski and Sen Bryan Townsend sell out the last remaining open space and regional park opportunity in the entire Ogletown-S. Newark region.

Also see: Delaware #1 deadliest State for bicycling.

Boycott Sierra Club Over The Orphanage Property Travesty

Sierra Club: Corporatism over Grassroots

Originally published in Ogletown Resilience

As our readers are all too aware, the Delaware Chapter of the Sierra Club would not support or endorse the effort to Save the Orphanage Property (STOP) as critical habitat area, as a wildlife refuge, as a regional park, and a trails & pathways opportunity for Ogletown-S. Newark. This opportunity will never come again. We urge all of our readers to see through the facade and the fraudulence of Sierra Club, and to ignore all of their events including Earth Day. Alternatives can be found, including this one with Delaware Estuary.

The below article is from 2011, but nothing has changed since. Corporatist money has no place in non-profit environmental organizations -- whether that be at the national, state or local levels. This article explains why, after repeated asks for Sierra's endorsement of STOP, their reply was "this isn't something we generally do". Ditto from DE Audubon Society, given they too are a national org and thus accepting of corporate payoffs and kickbacks.

Sierra Club Chooses Corporate Sponsorship Over Grassroots Activists

Excerpts:

• According to the Associated Press, in 2002 Sierra Club head Carl Pope threatened to dissolve the southern Utah chapter for “speaking out against the Bush administration’s push toward war with Iraq.”  The Sierra Club’s Board of Directors had passed a resolution “supporting efforts to strip Iraq of weapons of mass destruction” (i.e., supporting the war) ...
• This is the first time in Sierra Club’s 116-year history that it has endorsed a product and even Club executive director Carl Pope, who’s been a driving force in the partnership, admitted that the decision by a well-known environmental group to endorse a company known for its bleach, plastics, and chemical products is “controversial.”
• Until progressive groups successfully address the challenge of funding themselves independent of the elite individuals and institutions that act as enforcers of a corporate agenda, they will not be able to successfully advocate for progressive causes. Any success they might have will mean that their funding dries up, and they will cease to exist.
• The Sierra Club is a marquee name that has indeed gone for the green:  cash.  Environmental activists should carefully examine the way in which the organization is operating, and whether its agenda is worthy of continued support.

STOP to Delaware's Environmental Organizations: Epic Fail

Do you support environmental conservation in Delaware? Support and donate to the Delaware Nature Society. DNC, along with a dozen other local and State orgs, didn't hesitate and immediately jumped on board to help save the Orphanage Property.

Lisa Diller, Matthew Meyer, Edward Osienski, and Bryan Townsend: The Epitome of Corrupt Government in DE

Corruption is a cancer: A cancer that eats away at a citizen's faith in democracy, diminishes the instinct for innovation and creativity"  ~ Joe Biden

For the record, Saving the Orphanage Property (STOP) was a three year grassroots campaign (2015-2018) to save the last significant open space in Ogletown, Delaware, for a regional park and biking-walking pathway system. A host of other reasons -- some critical -- also existed for why the land should have been preserved, and was not suitable for development. However, the effort was crushed and defeated by government corruption on the part of New Castle County (NCC) and State elected legislators with financial ties to development interests, and a newly elected pro-development County Executive.

The below fact collection tells the entire story. No actual evidence was ever presented to disprove them. These legislators -- Councilwoman Lisa Diller, Rep Edward Osienski, and Senator Bryan Townsend -- then acted to deceive the electorate prior to the 2018 election, campaigning that they did everything possible to bring a park and place-making (180 acres of trails, critical habitat area, and open space) to Ogletown, and that these facts are in some way "unsubstantiated". All three then went on to resounding victories in their re-election bids, despite the dire environmental and socio-economic consequences.

If any of the 16 facts below -- in BOLD font -- are false or inaccurate, please comment with the evidence and/or proof otherwise, and we will eagerly retract and update this blog.

FACT: News of the Felician Sisters desire to develop the Orphanage Property was NOT brought to the public for over 2 years (documented) than it could have been. And discussion about the possibility of development was brought to Councilwoman Lisa Diller, Representative Ed Osienski, and Senator Bryan Townsend at the very beginning of that time. Additionally during the 2013-2015 time frame, Diller and NCC Council raised $150,000 to help the Felician Sisters get a plan approved, with virtually no public knowledge.

FACT: From the time that the July 2015 public meeting was held at Holy Family Church, Councilwoman Diller and Rep Osienski were heard on many occasions referring to the development or their help in saving the Orphanage Property as "Done", "Finished", and/or "It (the Chestnut Hill "Preserve) is going to happen, it’s going to happen", etc. Osienski in particular made it clear in writing that a STOP campaign started years earlier -- in 2013 before the exploratory plan was even drawn up -- would have made no difference in the outcome.

FACT: The Traffic Impact Study (TIS) was carefully scoped to exclude nearby signalized intersections that fail level of service (LOS). In contempt of the Unified Development Code (UDC), they used driveways, median cut-throughs and residential T streets along Route 4 to fulfill the "three intersections in each direction" mandate. This underhanded action insured that the Chestnut Hill "Preserve" would move forward with no chance of traffic concerns taken seriously.

FACT: (Provided via expert opinion from a now former NCC Council member and expert in the field, and in a meeting between Advocates and officials from the NCC Dept of Land Use): The Orphanage Property sits atop one of the highest water tables in the State, and would be very difficult to build on without exasperating flood-prone issues in adjacent communities and a FEMA "100 year" flood plain down on Leathermans Run/Christina River.

FACT: According to NCC’s GIS mapping tool, all 180 acres of the Orphanage Property was shown as “Low Density Suburban”, in terms of future land use. Somewhere along the way, without public notice, it was re-purposed as mainly High Density for the approximate 60 acres of open field space abutting Route 4. The rest (120 acres of non-buildable wetlands, woodlands, and vernal pools) became a “gift” from the developer, to be used to fulfill what is normally a very small percentage of open space mandated in the UDC. So, in essence, when considering what was actually “buildable”, and the fact that the Chestnut Hill “Preserve” does indeed clear and pave over a portion of the forest and wetlands, the result is a negative contribution to open space.

FACT: In a blatant conflict of interest, Exec Meyer appointed Joseph Setting (Orphanage Property developer at the time, according to the WNJ, and still vested via multiple LLCs) and Michael Hoffman (of Tarabicos-Grosso, firm representing the Felician Sisters) to Chairman and sub-Chair positions on the NCC Parks Transition Team. Their job was to help Meyer prioritize parkland needs for every region of NCC. This was a clear conflict of interest, and Save The Orphanage Property (STOP) Advocates filed a formal complaint with the NCC "Ethics" Commission (NCCEC). The NCCEC would not go beyond a "preliminary" investigation, basing their conclusion on hearsay and/or very minimal inputs. They ruled that it was not a conflict of interest and did NOT appear improper, when in fact, placing Ogletown-S. Newark (aka “Route 4 corridor”) at #3 priority guaranteed the Orphanage Property would be lost to development based purely on lack of funds. The Parks budget barely had enough to cover #1 and #2 – Red Lion and Middletown – whose land was either donated or already owned by NCC. Purchase of the Orphanage Property should have easily been #1, given the one chance-only opportunity it represented.

FACT: Senator Townsend and Rep Osienski would NOT intervene, assert themselves and/or participate in Orphanage Property buyout negotiations; instead, they trusted and allowed their NCC Democratic colleague -- newly elected County Executive Matt Meyer -- to handle all negotiations on behalf of saving the Orphanage Property. Despite pleas from Advocates to oversee Meyer's negotiations, and the chance of losing this one chance-only opportunity for a park, both would not get involved and they wouldn't even enlist the highest office for help - the Governor.

FACT: (According to Townsend through emails and phone calls): Exec Meyer FAILED to include several basic conditions in his written buyout offers that he had personally promised the Sisters in prior meetings (i.e. who's going to plow the snow at the entry road, etc). According to Meyer, there were four buyout offers -- but it was later found that only two were in any way usable. Because Diller had publicly stated in public and in an e-mail to her Constituents that she was “Done and Finished” and would not support the objections to the development -- and there was no State Legislator oversight in spite of them sharing constituents and being equally vested -- none of this was rectified.

FACT: (According to Townsend through emails and phone calls): Meyer refused to offer above appraised value for the Orphanage Property, despite approx $1M dollars already spent in developer planning, engineering and labor that would have to be absorbed. The Felician Sisters, in favor of the park themselves, offered to "meet halfway" on that, as long as Meyer produced a viable offer with basic conditions met. Meyer hesitated, sticking to his non-viable offer, then he waited a couple of months for the Sisters to "counter". Upon not hearing from NCC and Meyer, the Sisters had to commit one way or the other. With so much uncertainty surrounding Meyer and government funding in general, the last Orphanage Property deadline passed and the land was locked in for development. Again, because there was no State Legislator oversight -- in spite of them sharing constituents and being equally vested -- none of this was or could be rectified.

FACT: The Ogletown-S. Newark region does NOT have a regional park, and now thanks to Diller-Osienski-Townsend (and Meyer 11th hour) they never will. This is in contempt of the State's supposed Mission included in such programs as "Livable Delaware" (Minner), Trails & Pathways (Markell), along with endless studies and data that proves the value of such facilities to the health and well-being of the communities that surround them. The economic benefits of parks are also invaluable, and they more than pay for themselves. These three Legislators went the entire opposite direction, compromising an entire region's health, happiness, property values, and right of access to healthy exercise. Instead, they chose an increase in congestion and the stresses of over-development, and to require residents to drive 15-20 minutes to use another region's park.

FACT: All 3 of the region's Legislators and Exec Matt Meyer accept numerous and generous campaign contributions from developers, land use attorneys, and others in the construction and building industry. Although STOP did receive a Resolution from the Civic League of NCC (CLNCC) in support of saving the Orphanage Property, Advocates are unaware of any efforts on their part to call out the enormous level of corruption that took place throughout the STOP campaign, most notably the above-mentioned conflict of interest and the NCCEC's failure to cite it.

FACT: A highly esteemed past president of the CLNCC had repeated to Advocates on several occasions that it is 'normal' procedure for NCC Govt and the involved Councilperson to give the genuine appearance of helping citizens and Advocates in matters of land use and conservation. Then approval of the development project goes to a vote, at which point the entire Council -- minus the Councilperson whose district it is -- votes to approve it. This, in effect, helps said Councilperson salvage their job since they voted against approval, while the others voted to approve, making it "not their fault". Citizens watched this exact scenario unfold as Councilwoman Lisa Diller was the lone vote against the Chestnut Hill “Preserve”.

FACT: (Stated by CLNCC members on several occasions): The NCC Dept of Land Use and NCC take in enormous sums of money from development projects, but in the long term, tax revenue from each new home ends up being 10-20% less than the County pays for needed civil and other services. This initial cash infusion drives NCC Council and their Legislators to act in the interest of short term self-preservation, not their constituents interests and regardless of whether existing home inventory is high or if parkland is needed.

FACT: Councilwoman Lisa Diller voted YES with NCC Council to pay above appraised value for the land that the new Route 9 “Library and Innovation Center” now sits on. This facility – while welcome for a community well outside NCC Dist 5 -- ended up costing NCC nearly $30M after what was originally projected as a $20M expenditure. Diller, however, defended Meyer’s stance that NCC will not pay a dime over appraised value for the Orphanage Property, despite a relatively small amount being clearly justified and benefiting her own constituents.

FACT: In Senator Townsend's on-line timeline "Ogletown Park", and in person and in emails, he and Rep Osienski tell a very different story from Exec Meyer of what took place during negotiations with the Felician Sisters. According to "County Efforts" -- an article published on NCC's website -- it appears certain that Meyer and NCC gave it their all in the buyout attempt. Townsend and Osienski, on the other hand, describe how Meyer was anything but sincere and genuine in wanting a regional park. Both have provided many examples supporting their positions, with Meyer going so far as to say that Townsend had originally secured $6M toward the Orphanage Property in the State’s bond bill. So in a game of "Name that Liar", we have two attorney politicians representing the County and State, with two very conflicting stories.

FACT: For all intents and purposes, the July 2015 public meeting hastily arranged by Diller was already TOO LATE for constituent involvement in terms of best use for the Orphanage Property. It was also too late for Advocates to change the outcome to a park, given so much time and money already invested in planning the Chestnut Hill "Preserve". The Public and the Constituents, most importantly those in the communities adjacent to the project, were not notified, nor asked for their input. Not one of the 3 legislators whose districts this involved reached out to Advocates, or notified the media (e.g. Newark Post, WDEL) when first learning of the Felician Sisters intent in 2013.

Counciloman Diller, Representative Osienski, and Senator Townsend refuted these facts throughout their 2018 campaigns, through hearsay or by applying their own political spin and/or attorney-speak to these events. Never once were these facts formally contested during STOP’s three year campaign, yet in what appears overwhelming fashion, the people approved of their job performance by re-electing them in a landslide. It should be noted, however, that this landslide (an average 2-1 margin for all three) represented about 20% of their district's citizens; about half are registered voters, and of those, about 2/3 turn out and vote. Then you have their legislative districts that are gerrymandered to ensure out-of-region participation. It is not clear how someone living in chateau country northwest of Newark, or someone living on Orchard Avenue near the University of DE, for example, has the same needs and interests as those living in, say, Brookside or Todd II. But then, the "system" is designed to ensure victory for these politicians, even those who commit the worst crimes against their constituents, because what effects one region likely won't affect the other (re-election chances saved).

Absent were Delaware's key so-called "environmental conservation" and civic organizations, who either refused or could not be bothered with endorsing STOP after repeated appeals to do so. A few including Delaware Nature Society, White Clay Creek Watershed, and even the UAW's CAP Council jumped on board immediately with vocal and written support of three concise Orphanage Property preservation statements. Delaware Audubon, Sierra Club, and Wildlands either declined or ignored the campaign completely. STOP Advocates were also met with resistance from Newark area "environmental" advocacy leaders, who not only didn't support STOP, but were troubled that their email list was used to reach out for endorsements.

Among the few bright spots was the Civic League of New Castle County, that did endorse STOP. But actual support from that organization fell woefully short and/or turned negative as the campaign struggled late. Vic Singer, their most prominent and respected board member (and 13 years past Chair of the NCC Planning Board) maintained from the outset that Advocates were conducting an "emotional" campaign doomed to failure, instead of "simply" asserting the letter of the law as written in the UDC. According to Singer, the Chestnut Hill "Preserve" could be halted at the 51st NCC building permit. 51 housing units is all that the Unified Development Code allows dispensation for when level of service (LOS) is in failure mode -- as it most definitely is along Route 4 and at its intersections. The truth is, nothing was going to stand in the way of the full development; not Vic Singer; not DelDOT, and certainly not the State legislators, who could have easily secured the funds and stopped this travesty over the 6 years they knew about it. It was completely moot, and served only to create a false sense of hope; once all the key infrastructure elements (streets, curbing, sewer, drainage, etc) were in place, even if Singer was legally correct, a way to complete the entire development would still have to be found. In spite of this difficulty, there were a few on the CLNCC that did work with the STOP campaign when there was actually a chance (before construction began) to stop it, and their efforts were appreciated -- alongside several other citizens, organizations and Advocates that gave a hand.

Given everything written above, the overwhelming odds are that a carefully orchestrated plan was in place to ensure that the Orphanage Property was developed. The Legislators mentioned above, acting on behalf of their campaign donors and/or other monetary interests, acted together to keep themselves safe from any form of judicial or disciplinary authority. NCC Exec Matt Meyer was granted exclusive control to "negotiate" on behalf of a County-State buyout, and would take the fall since he didn't need the Ogletown-S. Newark region for positive NCC-wide approval ratings. On the citizen end of things, a few folks residing in the adjacent communities of Todd Estates II and Breezewood were outstanding. But support from fellow Advocates, from so-called "environmentalists", and from local civic groups wasn't even lukewarm. That apathy, combined with rampant government corruption is what cost us this land, and given that, the Ogletown-S. Newark region will forever be at a loss -- a HUGE loss.

People's indifference is the best breeding ground for corruption to grow"

~ Delia Ferreira Rubio

“The politicians are put there to give you the idea you have freedom of choice. You don't. You have no choice. You have owners. They own you. They own everything. They own all the important land, they own and control the corporations that've long since bought and paid for, the senate, the congress, the state houses, the city halls, they got the judges in their back pocket, and they own all the big media companies so they control just about all of the news and the information you get to hear. They got you by the balls. They spend billions of dollars every year lobbying to get what they want. Well, we know what they want. They want more for themselves and less for everybody else. But I'll tell you what they don't want. They don't want a population of citizens capable of critical thinking. They don't want well informed, well educated people capable of critical thinking. They're not interested in that. That doesn't help them.” ~ George Carlin

* * * DELAWARE GOVERNMENT, AT ALL LEVELS, IS CORRUPT. MOST OF THE ELECTED, AND MANY IN ITS REGULATORY AND SO-CALLED "OVERSIGHT" AGENCIES ARE CON-ARTISTS AND LIARS, AND ARE SKILLED IN THE ART OF DECEIT FOR THEIR OWN PERSONAL GAIN. THOSE WHO BELIEVE THEM ENABLE THEM, AND ARE PART OF THE PROBLEM * * *

Requiem for the Orphanage Property

Picking up the pieces after government defeat of STOP

Above: The Orphanage Property Trail & Pathway system as mapped with
GPS. The land was lost to Govt corruption, and with that, the last chance
at a regional park and bike path facilities for the Ogletown-S. Newark region.

Several of our followers have written, having noted a hiatus in our posting of articles. Nearly every last ounce of effort and energy has been focused on saving the Orphanage Property as a Regional Park for the Ogletown-S. Newark region. Without ideas or submissions from fellow bicycling advocates, we've had little time for anything else.

Saving the last significant open space on the entire Rt.4 corridor suitable for such a purpose did have serious ties to biking in the region, including a bicycle-friendly destination, local place-making, and an enhanced quality of life. Now being paved over with hundreds of unneeded homes, thousands of residents are forever condemned to racking up and driving their bikes (or sneakers, if walking or running) about 20 minutes, either to Glasgow or Pike Creek if they wish to enjoy such a facility. This contradicts Gov Ruth Ann Minner's Livable DE and the Trails & Pathways initiatives, among others.

The Orphanage Property was an absolutely idyllic green space. At 180 acres of trail-laden forests, meadows and fields, it could have been the crowned jewel in a notoriously under-served area of New Castle County. It would have made a superb legacy for one or more of the region's County and State legislators. But tragically, it was payback time for their campaign donors instead (largely comprised developers, contractors, and others in the building industry) and in their minds, short term profits trumped any such need. So in the end, a very select few people -- NCC Exec Matt Meyer, Councilwoman Lisa Diller, Senator Bryan Townsend, and Rep. Ed Osienski -- collectively made the decision against the wishes of thousands of their constituents, and now we must live with it forever. It's disgusting, to say the least.

Notoriously absent among the STOP campaign's endorsements was of course Bike Delaware, who would never support open space or parkland acquisition if approached. Their Exec Director has even been quoted as questioning why anyone would. As opposed to their pro-development stance, 1st State Bikes is committed to a built environment in balance with the natural world. Not only is this critical for the well-being of humanity, but there is a whole host of socio-economic and environmental reasons why this is vital, if not imperative.

This is all for now. Here are the most recent links to our partner blog "Ogletown Resilience", bringing to a bitter end what was an exemplary campaign in the name of responsible land use.

STOP's Top 10 Unanswered Questions

Highest of odds that SR4 intersections already fail at LOS grade "F"

No stopping the Chestnut Hill "Preserve"

Conflict of Interest is not enough for Ethics Commission

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

Guest Contributor Bill Dilks: Felician Sisters Orphanage Property

Why didn't STOP Legislators invoke Eminent Domain?

"Ogletown Park" timeline mostly subjective, unproven

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

STOP Update: Construction rolls on despite AP Claim

STOP: Another Window Opens 

STOP defeat helps pave the way for North Jersey redux

By Frank Warnock, on behalf of the STOP campaign

We're such horrible people for wanting this jewel of a landscape saved, that even the press has abandoned us. We've become toxic, to be avoided at all cost. This, despite the blatant contempt for established county codes and other law breaks going on with the Chestnut Hill "Preserve". Our last press release stirred no interest among any of the major outlets, despite a clear outline of one, final, last gasp potential for a buyout opportunity.

Starting construction of the Chestnut Hill "Preserve"

It's such a terrible and rotten thing when you're trying to be a force for good, for the greater good of people, the planet and its indigenous species, isn't it? It's become abundantly clear to Advocates just how anti-environment this county and state has become, even when they know and understand the implications of putting money before quality of life issues.

As what's left begins to fill in, don't think for a moment that so-called "protected" lands now won't come under scrutiny. Traffic sewers like most of N Jersey and SE PA didn't happen without rampant corruption and crushing pressure by development interests ruling the day. Growing up in NJ, I watched it unfold before my eyes, to where reaching any kind of rural countryside and/or habitat area became an hours+ long harrowing car trip away.

Therefore, with so little support coming from those we truly need it from, this is what we can expect. This lack of support was shocking, having included so-called environmental orgs like DE Audubon, DE Chapter of the Sierra Club, DE Wildlands, our region's civic groups, etc. as non-endorsers. With all of the attention on the Coastal Zone Act (the darling of Townsend and Osienski, btw), so-called environmentalists have lost sight of the critical need for inland wetlands and open space protection as well. And that's not to mention a sorely needed regional park.

Below is a snip showing the difference. No, the scale on North Jersey wasn't increased -- both are the same. With an exemplary campaign like STOP unable to put the brakes on a disaster like the Chestnut Hill "Preserve", this is what's coming, folks. Fill in the pale yellow, over time, until we are wall to wall bodies with little to no bio-diversity and green space.

The only advice we can offer is to abandon the two party establishment system and start voting for 3rd party candidates whose mission it is to protect the environment and our quality of life. Or, if that's a stretch for you to consider, at least vote anti-incumbent; the Democrats are clinging to a 1-seat majority in the Senate. They have placed the bar so incredibly low, just vote to tip the balance of power, even if it isn't necessarily favorable.

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

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

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

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

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

County Executive Matt Meyer

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

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

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

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

Representative John Kowalko (Newark)

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

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

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

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

Councilwoman Lisa Diller

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

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

  

  Representative Ed Osienski

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

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

Save the Orphanage Property 4th and final press release

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

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

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

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

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

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

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

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

Save The Orphanage Property 3rd Press Release

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

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

View the official press release in PDF

Drilling down on the Chestnut Hill "Preserve" TIS

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

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

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

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

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

Here are the adjustments needed to fix the TIS:

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


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

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

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

Money, political comatose ends the STOP campaign

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

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

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

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

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

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

Matthew Meyer, Felician Sisters Quash STOP Campaign

Clearing the property will start in the coming days or weeks

Save The Orphanage Property (STOP) officially ends campaign in defeat. Region's pedestrians, joggers, bicyclists, youngsters, etc come up empty. Glasgow, Pike Creek will remain nearest recreational park.

As of August 8, continued talks between New Castle County Executive Matthew Meyer and the Felician Sisters of North America broke down for the last time after failing to negotiate a few minor contractual terms. With a vote from the Sister's board of directors, a developer is now lined up to buy the land at barely over the appraised value ($5.9M) that was originally offered by Mr Meyer. They they will now go forward with the apartments, high density townhomes in the field space, and upscale houses replacing a large portion of woods and wetlands. Since the project plans are now fully completed, construction could begin at any moment.

As we look back on this tragic loss and gross injustice, a win for the disenfranchised residents of Ogletown-S. Newark just wasn’t in the cards. STOP advocates left no stone unturned, looking for any opportunity that would save this beautiful land and bring them a regional park. It was an exemplary citizen advocacy campaign that stuck to the facts, maintained decorum, and promoted full respect for our elected officials and the Nuns. Their core group included Donald Sharpe, who along with Dorothy Miller, helped save the White Clay Creek State Park. Also included was a NCC Tax Ditch Manager, an experienced environmental scientist and grant writer (who tirelessly sought other public and private funding sources), and a few other hard working citizen advocates who lived in the area. More than enough government funds were identified, including $1.25M in the State's Bond Bill, and even more in NCC's Parks budget. Significant private donor funds, totaling $1M or more, were also identified, with more under discussion. Further, the Felician Sisters offered to allow payments over 5+ years. You just couldn't have found a better offer, which amounted to a half price bargain for NCC. Ten organizations and multitudes of residents supported the STOP campaign, including almost a thousand following on multi-media alone. STOP yard signs dotted the neighborhoods.

Save The Orphanage Property's last act as an organization will be a final press release, with the facts as we know them. We will try to explain what has happened, why it happened, and who the few are (or the one) that allowed this to happen. One thing we do know for certain; after a long two years of advocacy and many sleepless nights, STOP ended in a total collapse of government representation of its citizens. It is something that the people will never, ever forgive their elected officials (and much of the Catholic Church) for. The Chestnut Hill "Preserve" will forever serve as a daily reminder of government incompetence, indifference, lack of empathy, and profiteering en-mass. Like a huge monument it will forever stay, always there to remind us that ordinary and working class folks mean little or nothing to them. We are no longer part of a democracy that represents the majority, but rather, a tiny minority of wealthy elite.