Developers Walking Away, On the Lam

Guest Writer

May 1

FDRPC Executive Director Says "Not in His Domain"

This is the 8th post in the "The Privatization of Public Land" series by Jack Guerin, concerning the saga of the Fort DuPont Redevelopment and Preservation Corporation (FDRPC). Jack Guerin is an anti-corruption advocate with FightDECorruption.com. This series currently consists of 10 posts, and may grow to more. A post will be published every day Monday through Friday over the next two weeks (April 22, 2024 to May 3, 2024). Click Here for access to all published posts.

In 1994, DNREC purchased 140 acres of land adjacent to Fort DuPont State Park. This "Grassdale" parcel had been a horse farm and was acquired by the state in 1994 when it became part of Fort DuPont State Park. This land was purchased with funds provided under the Delaware Land Protection Act and was protected "in perpetuity" according to Title 7.

Nevertheless, FDRPC sold the Grassdale parcel for private development as a luxury RV Campground in October 2021. This controversial transaction has been challenged based on questions of economic viability, the illegal sale of protected land, and extreme flood risk.

In the midst of this controversy, it now appears that the developer, Blue Water Development Corporation, has no further interest in building the campground. The developers brought in heavy equipment in April 2022 and decimated a large forested area of the former park. Blue Water halted construction two months later without explanation. Below are statements from FDRPC and Delaware City officials regarding future of the campground project.

Richard Forsten August 3 Teleconference

I'm plaintiff in a lawsuit to return the campground site to the State Parks Department. The judge convened a teleconference on August 3, 2023 to determine whether and when construction of the campground might re-commence. FDRPC Counsel, Richard Forsten told the judge that he had been unable to contact Blue Water prior to the teleconference. He stated:

"ATTORNEY FORSTEN: Your Honor, I will try to reach Blue Water again after this call ends and continue to try and reach them until I do. And if I learn that anything is truly imminent in terms of work -- whatever I learn, I will inform Mr. Guerin accordingly just so he has that knowledge."

Neither the Court nor I have received any follow-up from Mr. Forsten.

Not in His Domain

On August 28, 2023, the News Journal published this story documenting that neither Delaware City nor FDRPC had been able to contact Blue Water which seemed to be stonewalling their development partners. The article reported:

"Tim Slavin, the current executive director of the FDRPC, said he does not know when Blue Water will resume work. He noted it's a private company working on privately controlled land and thus not in his domain.

Former City Manager David Baylor said in a June 26 mayor and council meeting that the Blue Water project would resume in late August or early September. When asked for an update last week, Baylor said in an email that his request for information to Blue Water's project manager went unanswered. "Therefore, I have no idea what is going on with the project," he wrote."

Statements from Delaware City Mayor and Council Meetings

Harry Hill became City Manager for Delaware City in October, 2023. At the December 18, 2023 Mayor and Council meeting he gave the following report on Blue Water.

Chris Rodgers with AECOM is City Engineer for Delaware City. He has not responded to emails from Delaware City residents about Blue Water. In January Harry Hill resigned as Delaware City Manager. No explanation is provided in the January meeting minutes.

At the January 22, 2024 Mayor and Council meeting, City Treasurer, Michelle Graham, presented the City Manager's report. At the end of this meeting, she was appointed Acting City Manager. During the Q & A session, this exchange was reported.

"Questions/Comments from Council Member Saunders: Last month Blue Water was going to have a meeting with former City Manager Hill, did the meeting occur in December? Finance Manager Graham said that the meeting did occur, but she has no substantive details about it."

This is very strange. Michelle Graham was Delaware City's senior official reporting to the City Manager. She had previously served as Acting City Manager. However, following his meeting with Blue Water, Harry Hill resigned and apparently neglected to inform other Delaware City officials about what he learned from Blue Water. Following the January meeting, Michelle Graham has also resigned from Delaware City government.

Project Considered Dormant by DNREC

Delaware City Mayor, Paul Johnson, was also apparently not informed by Harry Hill. At the February 26, 2024 meeting of the Delaware City Mayor and Council, the Mayor asks FDRPC Executive Director, Tim Slavin, about Blue Water's plans. Mr. Slavin stated:

"I have not heard anything from Blue Water. I keep my ear to the rail on the other side, on the DNREC permitting, and that project is considered dormant by DNREC."

The Letter of Intent for the campground was signed six years ago. The closing date was October 28, 2021—almost two and a half years ago. Blue Water has had extensive time to apply for permits.

For years advocates and journalists have requested information about the campground permits and nothing has been forthcoming. Tim Slavin's position as FDRPC Executive Director makes him a DNREC insider. Now, Mr. Slavin is stating that DNREC considers the project "dormant."

Conclusion

"Dormant" is an interesting word choice implying that this project has entered a somnolent state where it could remain indefinitely in DNREC limbo. However, this is not an acceptable outcome.

The public has been locked out of the campground area for more than two years. A public forest has been destroyed, and payment of the FDRPC seller financed mortgage of $2.1 million is due in October 2025. FDRPC has booked the $1.5 down payment as revenue. FDRPC has been unable to transfer legal title to this property.

If the developers no longer plan to build the campground, this project is dead. Both DNREC and FDRPC need to engage with these issues and unwind these loose ends. This protected land should be returned land to the Delaware Parks Department. John Carney and Shawn Garvin should not leave this mess for the next Governor.

Jack Guerin is an anti-corruption advocate with FightDECorruption.com. He is plaintiff in a lawsuit to stop the development of the campground. Click to send an email to legislative leaders asking them to pass the Joint Resolution and return this protected land to the State Parks Department.