On Nov. 13, the local residents and activists who make up the Web site stayoutofmypocket.com met a second time at the Cornerstone United Methodist Church in Bear. At the meeting, state legislators Sen. Bruce Ennis (D–14th district) and Senator-Elect Bethany Hall-Long (D–10th district) expressed their issues with the country’s workforce housing ordinance. The activists of stayoutofmypocket.com also talked about their meeting with the Appoquinimink School District.
    Stayoutofmypocket.com is a Web site dedicated to bringing a case in Chancery Court against New Castle County resolution No. O07150, which was passed in February. The resolution encourages developers to build dwelling units for moderate and low-income housing, described by the county as priced at $137,000 to $278,000, in exchange for incentives such as density bonuses, reductions in open space and an reductions in permit and application fees and an expedited 10-day review.
    Stayoutofmypocket.com is hoping to overturn this ordinance and any of the multiple plans filed under workforce housing, which they estimate will place about 4,000 new dwelling units on the market, arguing that it will raise school taxes, deplete the Delaware Department of Transportation’s funds for raods and will put extra houses on the market that are not needed due to the high amount of foreclosed houses in the county.
    “This is literally going to cost people thousands and thousands of dollars,” said Carol Vesier, an area resident who runs stayoutofmypocket.com.
    Vesier said stayoutofmypocket.com has raised $8,000 and has retained an attorney for their case, William Kelleher of Elliott Greenleaf.
    Their cause has received support from those in the state legislature. Representatives Richard Cathcart (R–9th district) and Vince Lofink (R–27th district) wrote a statement supporting the lawsuit, stating this was an issue of equity that workforce housing is illegal rezoning.
    “Title 9 of the State Code dictates that ‘Each land use category shall be defined in terms of the types of uses included and standards for the density or intensity of use.’ This workforce housing incentives law allows for a general overlay on all residential zoning districts, therefore taking away the ability to define each land use category,” the statement reads.
    At the meeting, Ennis said he also supports the activists’ decision to take the ordinance to chancery court.
    He said the problem with the ordinance is that it bypasses the state’s Land Use Planning Act. Instead, the state and New Castle County have signed a memorandum of understanding where the county does not have to go through LUPA in exchange for taking other measures. Ennis said this leaves the state’s concerns for issues, such as school capacity, in the back.
    “I think it was a bad decision,” he said.
    Ennis also called for the formula that the Department of Education uses to calculate school capacity to be re-done.
    New Castle County Councilmember Bill Powers (D–6th district) said he supports recalculating the formula.
    Hall-Long said the intentions of the resolution were good, but said the filed dwelling units are in inappropriate locations and could potentially be built during a bad economy.
    “I think it’s very noble to have moderate income housing,” she said.
    Hall-Long said the general assembly needs to re-evaluate this ordinance for state issues and how impact fees are calculated.
    She also said the expedited, 10-day review takes residents’ voices out of the process.
    “This ordinance does not require the same level of public hearing and is in fact a de-facto zoning,” she said.
    Chuck Mulholland, president of the Southern New Castle County Alliance, said members of the alliance and other activists had met with officials of the Appoquinimink School District. He said Superintendent Dr. Tony Marchio shares the concerns of stayoutofmypocket.com.