Workforce Housing To Blow Up Into MAJOR Scandal

Filed in Delaware by on January 14, 2009

That’s how I read this section of Randy Nelson’s DTR blog post.

One of the major issues: the influence of Pamela Scott on New Castle County land use and development issues, particularly with respect to crafting the legislation. Scott, a partner in the law firm of Saul Ewing, who represents one of Delaware’s biggest developers, is the wife of New Castle County Council President Paul Clark. It is clear from documents I have seen that Pamela Scott wrote specific language in the Work Force Housing ordinance that directly benefited her client, Jay Sonecha, President of Blenheim homes.

Read the whole thing because Randy’s journalist chops go up to 11.  Not only does he connect the dots, but there is a paper trail that gives me the strong impression that this saga should end with someone behind bars.

Mr. Clark voted to approve the Work Force Housing ordinance on February 26, 2008. An email from Pamela J. Scott, dated October 31, 2007, details the changes she and her client wanted to have included in what they called the “Blenheim/New Castle County affordable housing ordinance.” While one might note the audacity of naming the ordinance after the company’s name, Scott refers to the “changes that we have suggested,” in her email.

Those suggestions included “clarifying language with respect to further subdivision of an existing record plan.” It should be noted that changing that clause to include an existing plan is not a clarification. Rather, it is a significant alteration that allowed Scott’s client to apply Work Force Housing to an already approved development project – the Bayberry project, the company’s largest devolpment project. This change to the ordinance was specific and unique. No other land use attorneys attempted to apply Work Force Housing to already approved plans, according to he documents I have seen thus far.

Holy crap! Everyone knew that this was a big giveaway to developers – but who could have imagined that Clark would be so brazen about it.  People are already falling all over themselves to flee from workforce housing.   In the near future I would expect to see Clark’s remaining friends headed for the fire exit.

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Jason330 is a deep cover double agent working for the GOP. Don't tell anybody.

Comments (62)

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  1. Unstable Isotope says:

    Ruh-roh for Clark! Is there a way to remove him from office? What he did is just unacceptable.

  2. MJ says:

    As my late father would say – thieves are stupid.

    And Jason, I think you meant flee, not flea.

    Se y’all on the 24th.

  3. Unstable Isotope says:

    We should also thank the NJ for getting Clark elected, since they refused to cover the topic during the primary.

  4. jason330 says:

    Thanks MJ.

  5. jason330 says:

    BTW – Nothing in the NJ or on WDEL website yet.

  6. Nancy says:

    er….note to author:
    Baker was acting for Coons when he made the deal with Scott. Coons was in on this whole package.
    just sayin.

  7. edisonkitty says:

    This thing never did pass the smell test, but Jason is right – “Holy crap”! If the whole package was spawned by an act this blatantly illegal, it may make its undoing that much swifter.

  8. jason330 says:

    Nancy,

    I’m still not clear on Coons’ role. Although he obviously signed off on this shit mess and that is not a feather in his cap.

  9. anon says:

    And the reason Coons is in on this would be….?

  10. anon says:

    doesn’t it take 7 votes to pass something on Council? So how did Clark do it by himself?

  11. RSmitty says:

    Obviously he didn’t. However, the council members either don’t read what they’re voting on very well, they get distracted by the pretty wrapping paper it was packaged in, or there’s complicity involved. I know, that last one is a shocker for NCCo Council, huh. 😯

  12. arthur says:

    Was the sudden surprise? Isnt clark the one who sent an email from his ‘home’ computer with his wife’s signature and non-disclosure statement at the end and he just didnt see it or know it was there or know how to remove it or the gremlins put it there when he wasnt looking? Come on, this guy has been in it up to his elbows for a long time and he was still voted back in.

  13. jason330 says:

    The surprising fact is the brazenness of the influence brokering given the fact that the Clark’s were under suspicion of this sort of thing anyway.

  14. anon says:

    With Clark returned to office by the voters, and Gordonberry free – why should Clark fear any kind of accountability?

  15. anon says:

    The state is going to impose a 6 month stay which will allow time for changes to made.

  16. edisonkitty says:

    Anon – the stay is not the issue. Something like seven plans got “approval” under the bogus process. If allowed to proceed, they could wreak havoc on school districts, DelDot, NCCO sewer capacity, you name it. The de facto rezoning that this fiasco allowed to take place only benefitted builders at potential great harm to residents.

    There is a real need for affordable housing, and hopefully, the stay will allow this legislation to be fixed so that it can actually accomplish some good. The real issue is undoing the wrong before any damage can be done. As Jason points out, maybe someone(s) needs to be behind bars as well.

  17. jason330 says:

    If these seven plans got “approval” without any hearings – they can get un-approved with equal dispatch – right?

  18. liberalgeek says:

    Not necessarily. The builders will sue. They have made business decisions based on the law at the time. It is going to be ugly.

    Perhaps we should put a Blenheim official in jail to ward off lawsuits… 🙂

  19. anon says:

    Will the News Journal pick this up? Any bets?

  20. anon says:

    doubt it will get picked up. It has already been through the ethics commission, and is a non-story to them.

  21. jason330 says:

    Will the News Journal pick this up? Any bets?

    Not a peep so far.

    My guess: They run a story that takes Paul Clark’s blanket denial of impropriety as the lead and takes a “nothing to see here folks…move along” tone.

    That’s what they did with the Carper/Castle tariff story.

  22. jason330 says:

    The problem with that, of course, is that actual laws seem to have been broken by the influence brokerage set up by Pam Scott.

  23. Nancy says:

    Chris Coons is in charge of his land use office. He chose to keep the two Gordonberry unindicted co-conspirators, Baker and Haggerty. They answer to Coons. This is Coons’ story as much as it is Clark’s.
    Where is Lee Ann Walling on this story? Come on Lee Ann and spill.
    You know the blood and guts.
    Weren’t you often enough a fly on the wall when Charlie Baker, Pam Scott and Roger Roy et al sat in on all those planning sessions set to fix Livable Delaware for the developers.
    http://www.ipa.udel.edu/infrastructure/mfds/mfds2summary.pdf

  24. Nancy says:

    Angie Basicoonsie has made contact with several of the people involved in breaking this story. She’ll have to come up with something.

  25. anon says:

    “Chris Coons is in charge of his land use office. He chose to keep the two Gordonberry unindicted co-conspirators, Baker and Haggerty. They answer to Coons. This is Coons’ story as much as it is Clark’s.”

    Fine, as far as it goes. Everyone knows about your Coons Derangement Syndrome. Now explain what’s in it for Coons. He doesn’t need the money. He can’t run for re-election, and whatever office he runs for next, the development community can’t get him elected. So what’s in it for him?

  26. Joanne Christian says:

    I agree w/ you anon, and Coons is only the voice of the elected council–delivering the message of the vote of the council. So what did the nitwit residents of NCC do? Returned the council back to their seats–and the beat goes on.

  27. RSmitty says:

    They didn’t exactly have much choice, Joanne…except in district 12…that totally sucked (in no way whatsoever did I support Sell…I mean Bell).

  28. Unstable Isotope says:

    Yes, I was totally surprised that the Republicans did not put anyone up against Clark. If Dunn had won the primary, he would be a political novice. Clark was the incumbent but had major ethics issues hanging over him.

  29. anonie says:

    Maybe someone should tell Angie Basicoonsie there are rumors that a number of criminal investigations are underway, including federal. Based on the emails in that story, me thinks this might go somewhere.

  30. Lee Ann (a/k/a Minner Crony) says:

    Dear #23, I don’t understand the link you provided. I was not at that workshop and had nothing to do with putting it together.

    The latest version of the WFH ordinance went through our state review process for the first time in December. We weren’t part of any discussions before or after the first version was introduced.

    Our basic reaction (by “our,” I mean assorted state people interested in progressive land-use planning) is dread that the very worthwhile issue of affordable housing for working families has been set back 25 years because of how this was rolled out and handled.

  31. Geezer says:

    Criminal investigations into what? If there were laws about letting outsiders write legislation that lawmakers take credit for, a lot of ex-lawmakers would be in jail today. Clark wouldn’t have to be bribed — he’s married to Scott.

    It’s sleazy as hell, but voters were asking for exactly this in voting for Clark.

  32. Geezer says:

    “Affordable” housing, LA, or affordable NEW housing? There are literally thousands of affordable houses in this county. They’re just not in the sprawlways.

  33. Anon. posted that this issue “has already been through the Ethics Commission”. That is not accurate. I was a party to the complaint I believe anon. is referring to. That was a separate complaint and is not related to the recently reported documentation. edisonkitty writes: “something like seven plans got approved…” the actual number is seventeen which accounts for 4,547 housing units total in WFH plans. See NCCo Planning Board report page 9 paragraph(1) for verification. The report also states that “the densities recommended and expected to provide the support necessary for public sewer…was significantly increased in the growth area.” The Blenheim/Bayberry project is located within the referenced growth area. http://www.co.new-castle.de.us/landuse/home/fileuploads/images/boardspage/20080882%20workforce%20housing.pdf

  34. Lee Ann (a/k/a Minner Crony) says:

    Geezer: Old and new, including rental and multi-family, in places that are served by existing infrastructure and transit.

  35. anon says:

    Agree with Geezer, sleazy, but not criminal.

  36. Susan Regis Collins says:

    I’ve been waiting for Pam Scott to ‘get hers’ for years. Since she sold out the citizens of Wilmington on the sale of our port to the state.

    She was a deputy city solicitor during the ‘negotiations’. We got taken. The talkin’ heads were wagging their fingers and saying the ‘b’ (ankrupt) word.

    Instead of screwing us the state should have bailed us out like it did the local auto plant. In addition the state A.G. should have investigated the politicians who were buring up the port’s reciepts on who knows what.

    Oh, that’s right, Carper was governor then. I’m begining to see, after all these years, what a dirty crew Carper is running. Still running the city of Wilmington, through the Frawleyites, they weren’t good for us then and they are not good for us now.

    I’d like to see the Pamster fry!

  37. h. says:

    So many bitter people…… it is entertaining.

  38. The Anti-Dorian says:

    anonie @ 29,

    Get real. There are “rumors” that Jason and Mike Castle are lovers, and his hatred for Castle is just internalized homophobia. There are “rumors” that Mike Matthews is really an alien from the planet Zork. There are “rumors” that Thurman Adams gave money to Howard Dean. All are figments of one’s imagination. Should the NJ report on them, without any proof?

    If you have evidence of a specific criminal investigation, then put up … or shut up.

  39. snippity snoop says:

    Oh, yeah. Everyone at TNJ (Gannett-wide) is getting an unpaid, week-long furlough to try to stop the bleeding.

    gannettblog.blogspot.com

  40. R Smitty says:

    Oh, yeah. Everyone at TNJ (Gannett-wide) is getting an unpaid, week-long furlough to try to stop the bleeding.

    Huh? Since when does Coons run the NJ? Sorry, I couldn’t resist the dig. 😛

  41. Nancy says:

    Here is one thing ‘in it for Coons’ – his family is tearing into the greenest spot in the Glasgow-Bear area – look to the current Exploratory Plans under review…Land Use…attorney Lisa Goodman…Sunset Lake’s pristine enviro is poised to become warehouses – just sayin. There are plenty of other goodies in the Executive’s bag when it comes to who is controlling land use…put your little thinking caps on. Coons people also led the Comp Plan that somehow has morphed into the mess we have today.
    Derangement…heh.

    anon – WNJ runs Coons’ agenda and likes it.
    Angie is his bitch.

  42. Nancy says:

    Lee Ann, let’s hope it isn’t 25 years but rather immediate legislation that makes some sense. TDR’s were always meant to parallel WFH. This cat is so out of the bag.

  43. jason330 says:

    Nancy,

    That was some good radio this morning.

  44. Lee Ann (aka Minner crony) says:

    I just find it interesting that when the state tries to do something to direct land use, or protect something such as wetlands or Inland Bays, legislators tell us that land use is the job of local governments and we should stay out of it. Then, when local government does something that legislators don’t like, they step in and, well, interfere with the locals’ decision-making authority on land use. Which is it? Obviously, I think the state has a stake in land use, as state taxpayers pay for virtually all infrastructure and government services — especially in Kent and Sussex.

  45. R Smitty says:

    Lee Ann…I think it should be local, until that local body acts in such an irresponsible way, whereas they shutout their constituents and refuse to hear them, except when the next step of ‘escalation’ is taken by way of involving the state legislators. You and I have been quite cordial so far, so please don’t go with the indignation route on this. It’s hard to be a citizen here when the only two members of council in this area do nothing to listen to the constituents until BOTH Rep Cathcart and Sen Ennis basically hold their (Councilmen Powers and Bell) feet to the fire, then BHL eventually gets up to speed. Rep Lofink, and now Rep Jacques, also played a role in getting the constituents leverage. We also have to deal with the Councilman-at-large calling us all racists for opposing the ordinance (although there certainly were a handful of people that carried themselves as bigots, it’s not a cause to label the entire population here as racially motivated). When tersely advised to put a stay on the ordinance, Bell and Powers agreed, but the Council, including those two, dragged feet, severely. Bell and Powers finally introduced the stay and the stay was adopted, but expires on Jan 31. Oh, did I forget to tell you, that while the feet dragging was going on, before the stay EVENTUALLY was enacted, that several more projects were approved, more-or-less grandfathering them in? You tell me why the constituents’ next step of ‘escalation’ shouldn’t be involved. The local body figuratively stuck its middle finger up at us. Reps Cathcart, Jacques (and Lofink), Sens Ennis, and BHL (and Amick) responded.

    This is hardly about the legis not liking a decision of a local body, but a major misapplication of an otherwise good program, and terrible, HORRIBLE representation of constituents by the NCCo Council of residents near and south of the canal.

    Oh, do not let me forget the amazing efforts of those behind stayoutofmypocket.com. Please, if you haven’t yet, speak to Leann. She will gladly fill you in.

  46. R Smitty says:

    woo hoo! You da bestest, man!

    Yeah, strike that. You fixed the text part of the anchor, but not the link part. You can be the bestest later.

    In the meantime, the correction to my typo: stayoutofmypocket.com

  47. liberalgeek says:

    Are trying to ruin my cred? C’mon. You’re supposed to call me a socialist or something. If they start thinking that you like me, I’m screwed.

  48. R Smitty says:

    Read again, I edited that comment and took it away. You commie. 👿

  49. Lee Ann (aka Minner crony) says:

    I get it. I just wish legislators were as concerned about the actions of Sussex County, which has thumbed its nose at a state law that directs them to protect public drinking water sources, has sued us (meaning state taxpayers) over modest buffer requirements to protect water quality in the Inland Bays, and has been convinced by extreme property rights advocates that there is an inalienable right to 2 units per acre throughout the county. That’s a higher density than NCC’s S zoning with a 50% density bonus for WFH, by the way.

  50. liberalgeek says:

    OK, really fixed…

  51. R Smitty says:

    Lee Ann, please (and I am sincere), hop on board. What’s going on here and there by the county councils should not be permissible. There’s a good reason I wanted Jud then Joan to win that seat. I hear you!

    I did lose track. Did you happen to read Randy Nelson’s write up on the DTR Blog, that Jason highlighted yesterday?

  52. R Smitty says:

    OK, really fixed…

    woo hoo! You da bestest, man!

    You commie bastard. 👿

  53. Lee Ann (aka Minner crony) says:

    No, and I can’t find it now.

  54. liberalgeek says:

    I hate to point out the obvious, but if you are reading this… scroll to the top. It’s like yesterday up there.

  55. Lee Ann (aka Minner crony) says:

    Ooops, I was too far down in the weeds. Thanks.

  56. R Smitty says:

    😆

    I feel like I just pointed at Lee Ann, and when she looked down as to why, I flicked her nose.

    Mea culpa…I am guilty of missing the obvious as well.

  57. For those who missed Randy Nelson’s reporting on WFH:
    http://www.delawaretalkradio.com/talkblog/pay-to-play-on-new-castle-county-council/

    This is not just a NCCo issue, all Delaware taxpayers will pay if WFH stands. Repeal WFH now. It is simply not necessary in the current housing market. There are more than enough houses on the market in the WFH price range all over Delaware. http://www.stayoutofmypocket.com

  58. snippity snoop says:

    Lee Ann,

    That’s because the legislators in Sussex for the most part feel the same way as the county council does. And no one in NCCo is going to get into a pissing match with Sussex for fear of starting a north-south war, lest the farmers march on Wilmington with pitchforks.

  59. anon says:

    Nancy: What Coons wants from land use — or what you claim he wants — has nothing at all to do with WFH. Besides, he already has that. If that’s all you got, you better go back to the well with a new pitcher. The one you’re toting around doesn’t hold water.

  60. The SNCCA has obtained even more documentation regarding the County’s blatant disregard for compliance with the Comprehensive Plan process. Herb Inden, State of Delaware Office of State Planning and Coordination(OSPC) confirms in an email to SNCCA Pres. Chuck Mulholland that the County did NOT submit WFH ordinance to the State for review. Ord. #07-150 clearly violates the State certified NCCo Comprehensive Plan. If the Counties are permitted to police themselves, then exactly what purpose does OSPC serve? Email from Inden follows:
    From: Inden Herb (OMB) Herb.Inden@state.de.us
    Date: Fri, Jan 16, 2009 at 8:02 AM
    Subject: RE: New Castle County Workforce Housing ordinance 07-150 , adopted February 26, 2008
    To: Chuck Mulholland cemulholland@gmail.com
    Cc: “Holland Connie (OMB)” Connie.Holland@state.de.us

    Mr. Mulholland,

    as i noted in my first response, we reviewed 08-121 on December 17, 2008. our response is due to the County sometime next week and will be posted on our web shortly after they recieve our response. we did not review ordinance 07-150.

    feel free to contact me for additional information

    thanks

    Herb M. Inden, Principal Planner
    Office of State Planning Coordination
    302.577.5188 (Wilmington) 302.739.3090 (Dover)

    http://stateplanning.delaware.gov

  61. anon says:

    Office of State Planning Coordination – Contact: Herb Inden

    The issue of facilitating greater housing choices for all income levels, especially with
    regards to affordable housing is a demanding task. Addressing affordable housing is
    rightly a key goal of the County’s comprehensive plan and is especially pertinent in these trying economic times. It is also a multi-faceted issue that must be addressed at a variety
    of levels as clearly there is not a “one size fits all” approach to the issue of housing
    affordability as different economic situations require different strategies.

    The use of a Workforce Housing ordinance as one of the tools to address affordable
    housing is to be commended and supported. We feel that it is important to not preclude
    housing options as this amendment suggests, as, again, there is not a “one size fits all”
    housing type that can meet the needs for working families.

    In addition to suggestion from the other state agencies included in this letter we would
    recommend your consideration of the following:

    . Whenever there is an opportunity to increase density, we recommend that such
    density be achieved through the use of a transfer of development rights (TDR)
    program. This would help minimize the overall impact to a particular area by
    keeping expected populations as projected and also help minimize the consumption of
    land;

    – Create an incentive for hamlet and village developments that incorporate this type of
    housing such as pre-permitting areas where you would expect such developments to
    occur and using the likes of master planning to identify such areas; and,

    – Create a sliding scale for the ability to achieve greater density based on locational
    considerations such as, for example, taking the Delaware Strategies for State Policies
    and Spending maps, allowing maximum densities in Levels 1 and 2 areas and less in a
    Level 3 area.

    This office stands ready to work with the County in implementing any of your affordable
    housing and other strategies.