General Assembly Post-Game Wrap-Up/Pre-Game Show: Thursday, April 7, 2022

I know that, by now, you must be sick of reading my screeds about the blatantly corrupt Ft. DuPont project.  A corrupt project whose fate will likely be sealed forever with the passage of HB 355 (Longhurst), which, among other things, gets rid of direct resident representation on the Board, and hands the corporation two undeserved money streams with no strings attached.  If passed and signed, it will successfully mark the completion of the Delaware Way insiderism, ethical bankruptcy, and, yes, corruption that have been the project’s hallmarks from its inception in 2014.

Today, I turn over an accounting of this corruption to Erica Lindsey, a resident of Delaware City, and someone who has proven to be one of those civilian ‘thorns’ that Longhurst and Nicole Poore are seeking to excise with this bill.  Erica, floor’s yours:

The Fort DuPont Redevelopment and Preservation project has been under scrutiny since its inception and public distrust has grown stronger with every broken promise, secret deal, and inappropriate action taken by FDRPC Board Members, employees, legislators, government officials, and cronies thereof, of which there have been MANY.  The Fort DuPont project and everyone affiliated with it are now being closely monitored by the Delaware City community, Delaware residents, and interested parties around the country and around the world.  A change.org campaign to save Fort DuPont State Park currently has 4,257 signatures and over 52,500 independent views, local media outlets have picked up the story and are publishing regular updates, and Fight Delaware Corruption has been working to expose the illegal and/or illicit behavior of those responsible and to offer opportunities to remedy the wrongdoing.

HB355 is Representative Longhurst’s and Senator Poore’s attempt to correct what is wrong with the FDRP Act and the fallout from 8 years of unbridled corruption and wrongdoing levied upon the people of Delaware.  However, this bill will do nothing to allay the public’s concerns, rather, it will reinforce and justify the suspicions shared by the immediate and greater community.  HB355 DECREASES TRANSPARENCY, INCLUSION, AND FISCAL ACCOUNTABILITY, confirming fears that there is yet still more corruption to be uncovered and/or thwarted.

FDRPC BOARD RESTRUCTURING

The first draft of HB355 decreased Delaware City resident participation from 4 directors appointed by the Delaware City Mayor and confirmed by Delaware City Council, to 2 directors appointed by the Governor of Delaware.  An amended version of HB355 retains 4 Delaware City residents on the Board, however, it still eliminates Mayor & Council from the appointing process.  2 directors appointed by the Governor, 1 director appointed by Senate President Pro Tempore, and 1 director appointed by Speaker of the House.  This change to the original Act takes any power from the City of Delaware City to impact decision-making and accountability within the FDRPC and places it firmly in the hands of the State, as ALL board members are appointed or assigned by representatives of the State with this change.  It is also noteworthy to mention that the desire for Fort DuPont to grow together as one community with Delaware City seems to be undermined by requiring two residents from “Delaware City” and two residents from “Fort DuPont” rather than 4 Delaware City residents.

Co-chairs of the Capital Improvement Committee are added to the Board with HB355.  The Capital Improvement Committee is responsible for the bond bill which funds the Fort DuPont project with taxpayer dollars.  This means that members of the group ASKING for taxpayer funding are also the group GRANTING those funds.  This gives a definite impression that the funds will be granted without limit, without safeguards or checks & balances, and may be used inappropriately. To compound the problem, one co-chair of the Capital Improvement Committee is Senator Nicole Poore, who has sponsored the project and every bit of legislation associated with it and is now actually attempting to legislate herself onto the Board.

The FDRP Act currently allows for subcommittees to be formed to make recommendations on the redevelopment plan and track implementation efforts; review and provide recommendations on proposals for purchase, sale, lease, or disposition of lands or buildings; provide recommendations on infrastructure improvement plans and budgets; recommend rules, regulations, and policies to the Board.  ALL OF THESE SUBCOMMITTEE RESPONSIBILITIES ARE REPEALED WITH HB355.  Again, the elimination of the subcommittees and their responsibilities significantly decreases transparency and potential opposition to the State-run Board of Directors because it eliminates efforts to analyze, review, investigate, and propose alternative solutions by a group independent of the Board of Directors.

“POSITIVE CHANGES” USED TO HIDE POWER GRAB

HB355 attempts to recognize and correct some of the illicit behavior carried out by the former FDRPC Executive Director and Management.  While positive in nature, the following items should NOT be legislated, rather, these items should be defined in the FDRPC’s Policies & Procedures and controlled and administered by the Board and Executive Director.  Therefore, the public is left to assume that the following ‘positives’ are an attempt to divert constituents from the power-grab created by the Board’s restructuring and elimination of the subcommittee responsibilities:

– Prohibiting employees from accepting gifts over $200

– Prohibiting employees from receiving free or discounted housing

– Credit card purchases over $500 must be approved by Executive Committee

– Checks over $10,000 require signature of the Treasurer

– Executive Director candidates must undergo a criminal and credit background check

– Hiring policy should be impartial and merit based

ENABLING POWER OF FDRPC vs PERMITTING REQUIREMENTS

HB355 adds a clause stating that development at the Fort DuPont complex must follow all applicable environmental law, regulatory requirements, and permitting processes.  If the legislators REALLY wanted to correct the FDRP Act, they would update the MOST DANGEROUS part of the legislation which is the enabling language of the FDRPC.  The following is the language that grants the FDRPC its power:  “The Corporation shall be empowered, without limitation and notwithstanding any other laws to…”  (buy, sell, develop, etc.)  It is this empowering language that has been used time and again as a one-size-fits-all excuse when any illegal or illicit behavior is uncovered.  The original HB310 drafted to create the FDRP Act stated that the Corporation must follow all local, state, and federal laws – but HB310 was completely rewritten a month before then-Governor Markell signed it.  If the sponsors of HB355 truly wanted to fix what is wrong with the Fort DuPont project, they should start by changing the enabling language.

HB355 should not be approved.

Erica Lindsey

Delaware City, DE

I will simply add that both the Project Manager, who was caught engaging in likely illegal activities, and the Board Chair, willful dupe Bryon Short, have both recently resigned their positions.  We still have no dependable accounting of all the state resources that have been dedicated to this project.  HB 355 now proposes not only to add both Bond Bill chairs, including the hopelessly corrupt Nicole Poore, to the Board, but also the FOIA-exempt head of the so-called Prosperity Partnership.

Longhurst got the bill through her rubber stamp of a committee yesterday, and it’s already on today’s House Agenda.  Were I a mere cynic, I’d suggest that Our PAL Val’s trying to get this through before a criminal investigation is launched.  However, on this issue, I’m a total cynic, I know the cops are in her pocket, and I know that most House members are scared of her.  I’d love to see some no votes, just to let me know that there remain a few brave folks there.  However, now is the time to reach out to any and every senator that you know, and demand that this bill not pass until/unless all key concerns regarding it can be resolved. During my time being involved with the General Assembly, I can’t recall a project with so much corruption attached to it that has attracted so little legislative attention.  If that doesn’t change now, it’s over.  BTW, since the legislation literally adds Sen. Nicole Poore to the Ft. DuPont Board, the Senate Ethics Committee should force her to recuse herself from all deliberations pertaining to this bill.  She also should not be permitted to sponsor and/or floor manage the bill for the same reasons.  She should also be forced to give up her post as Chair of the Bond Bill Committee, as HB 355 would place her, as the Chair, on a Board whose legislation she is sponsoring.  Otherwise, she’s engaging in (yet another) blatant conflict-of-interest.

Our PAL Val’s sop to all of us who pay taxes is also on the Agenda.  You know, as if Val was the one who came up with the idea.  One of our readers had a great suggestion, and I will take it to heart:  Every penny I get back will be donated to progressive candidates.  Mostly challengers to corrupt Delaware Way practitioners. Madinah Wilson-Anton will also get a donation as she is being challenged by yet another pal of John Viola’s.

Man, 1400 words in, and we haven’t even addressed the Senate Agenda. Thanks for sticking with us.  Woo-hoo! It’s short, and not particularly controversial, save for some downstate mouth-breathers.

SS1/SB 4 (Sturgeon), which appears to be from the Department of Education, ‘requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials.’  Anyone see anything wrong with that?

HB 320 (Heffernan) ‘allows physician assistants and advanced practice registered nurses to prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.’  Should pass on something approximating a straight party line vote.

Well, you sure got your money’s worth today.  We’ll see what Tuesday brings…