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FEBRUARY 2002

Brandywine Valley Scenic Byway

The Delaware Scenic & Historic Highways Program Guide--which makes scenic byway designation possible--was only finalized last November 10, 2001 (see December 2001 FYI). But the money to enable Delaware Greenways to begin the process of seeking "Designation" for the Brandywine Valley Scenic Byway was set aside, and the nomination process was begun, before the State designation process was in effect.

Before Anne Canby left, she ensured that $20,000 of WILMAPCO's FY 2002 budget was designated for the Brandywine Valley Scenic Byway nomination process. Representative Deborah Hudson and Senators Cathy Cloutier and Liane Sorenson each contributed $10,000 from their FY 2002 Suburban Street Funds. The $50,000 became available July 1st, a RFP went out last summer, and consultants were selected in September. The first "kickoff" meeting was held in September.

Delaware Greenways is the Sponsor for nominating the Brandywine Valley Scenic Byway for official designation by DelDOT. However, the money is channeled through WILMAPCO. Heather Ehrlich is the project coordinator for WILMAPCO (ehrlich@wilmapco.org), Gail Van Gilder is the coordinator for Delaware Greenways, and the consultants are Peter Benton from John Milner Associates, Inc., West Chester, Pennsylvania and Jim Klein from Lardner/Klein Landscape Architects, PC, Alexandria, Virginia.

The 84-member Steering Committee includes only four Kennett Pike business people (Debbie Bass, Rags to Riches; David Dietz, Brandywine Brewing Company; Foster Friess, Friess Associates; Leigh Johnstone, CB Richard Ellis, Inc.; and Paul McConnell, McConnell Development, Inc.), one Wilmington business person (Jim Nelson, Architect's Studio), and two representatives from what could be considered business-related organizations (Linda Brown from the Greater Wilmington Convention & Visitors Bureau and John Tylee from Wilmington Renaissance). Most of the members of the Steering Committee are from preservation, environmental, cultural, and civic organizations from Greenville and Centerville as well as various government representatives.

The Sponsor's plan is to complete the nomination process by mid to late March in order for DelDOT to complete its review for Secretary of Transportation Nathan Hayward to make the designation by early June. That time-frame is important to enable the Sponsor to submit its application for federal grant money–for preparation of a Management Plan–by the end of June.

The consultants were hired to prepare the materials necessary for the nomination process. These include a physical description of the route; representative photographs; a map indicating the boundaries and locating the "intrinsic qualities"; a resource inventory; a written summary of the significant "intrinsic qualities"; a written description of what a traveler will see traversing the corridor; and "a description of public involvement conducted to date and the comments and input that have resulted from this process."

It is that public involvement process which has raised concern within the business community. The Sponsor, consultants, and Steering Committee determined that the corridor should run from the area around Rodney Square to the Pennsylvania line, including both Routes 52 and 100, with the study area extending from Brandywine Creek to Red Clay Creek. However, few business owners within that block of land were invited into the process or even notified of its existence. In addition, prime movers in this process include some of the same individuals who have been at the center of anti-economic development measures such as the proposed Unique Corridors Overlay Zone ordinance in New Castle County which included draconian measures aimed at businesses and property owners. Because of that, some business owners fear that the designation of the Brandywine Valley Scenic Byway as an official Delaware Scenic & Historic Highway may serve as a Trojan Horse for anti-business measures to follow.

While the picture painted by the consultant at the February 21st Public Meeting sounded like motherhood, apple pie and byways, it may not be so safe for the business community. The consultant indicated that the designation would have no impact on private property. In fact, once the designation is made, no business can have a sign on any property except the site on which the business is located.

Following designation, the Sponsor is required to develop a Corridor Management Plan. While the Delaware Scenic & Historic Highways Program Guide encourages creating a "broad-based steering committee to oversee the development of the Corridor Plan" and "conducting informative public meetings," because of the process to date, there is concern over how inclusive the second phase of the process will be. More important, there is concern that, following formal Designation and creation of a Management Plan, there will be attempts to modify City, County and State laws and regulations to enforce provisions of the Plan.

The good news is that Ted Matley, Executive Director of WILMAPCO, after learning of our concern that the business community has not been sufficiently involved and informed in this process, has pledged to add business people to the Steering Committee (Beverley Baxter has already been added), hold additional meetings with members of the business community, and augment the mailing list to ensure that impacted businesses are notified of all meetings. In addition, he invites full participation of the business community to ensure that one of the goals of the Delaware Scenic & Historic Highways Program Guide–"to address the needs of commerce in corridor management plans"–is met.

Because of the tight time-frame, it is important that people in the business community be informed and become involved now. The Committee of 100 is partnering with the Delaware State Chamber of Commerce to notify our members. We will be holding a joint meeting to which you are asked to attend and invite anyone you think would be impacted or interested. WILMAPCO will bring the consultants and the Sponsor, Delaware Greenways, will be invited. Watch for a fax with meeting date and time.

Among the protections we will be seeking is inclusion in both the Nomination documents and the Corridor Management Plan of clear, definitive, and unequivocal language which states that neither the Designation nor the Management Plan will, in any way, impact on private property rights and will not seek, or lead to, changes in City, County, or State laws or regulations which would impact on private property or development rights. The corridor is clearly worth protecting and enhancing, as are our businesses.

Mark Your Calendar!

This year's EDiS Institute is scheduled for 7:15-12:30 a.m. on Thursday, April 25th. Charlie Silver, nationally-known construction-industry futurist; Milwaukee Mayor John Norquist, author of Wealth of Our Cities; and Les Brown, author of Live Your Dreams, will be featured. Watch for your brochure.

Beverley Baxter