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MARCH 2000
Transportation Vacuum
With Alex Taft gone from WILMAPCO
and David Hunt from the City of Wilmington, there is a transportation
leadership vacuum which is beginning to be felt. Alex Taft
resigned as Executive Director of WILMAPCO to become the Executive
Director of the Association of Metropolitan Planning Organization,
the umbrella group in Washington, D.C. which represents the
350 regional transportation planning agencies throughout the
United States. David Hunt, Transportation Advisor to the Mayor,
left the City for the private sector. With the change in administration
coming at the State level, and possible change at other levels,
uncertainty is in the air.
In Wilmington, first Alex, as
the City's Director of Transportation, and then David, as
his successor, brought a combination of transportation expertise
and an understanding of ISTEA (the Intermodal Surface Transportation
Efficiency Act) and then TEA-21 (the Transportation Efficiency
Act for the 21st Century) to the City which enabled it to
get, for the first time, substantial federal dollars for desperately-needed
transportation improvements. The multitude of projects now
under construction or design are a direct result of first
Alex's and then David's work in partnering with DelDOT and
WILMAPCO. David has not been replaced in the City and there
is no person or mechanism in place to continue to identify
transportation project needs and shepherd them through the
approval and funding maze. Indeed, there are projects which
began with Alex and David which are now fully funded and are
delayed only by the City's pace of managing the bid process.
At WILMAPCO, Alex Taft's announcement
of his departure was delayed until after Deputy Director Charles
Baker had left WILMAPCO to take a position in New Castle County's
Department of Land Use. Senior Planner/Engineer Tigist Zegeye
was promoted to Deputy Director, but she will be taking maternity
leave in May, which leaves the agency without leadership.
Charles Baker has been asked to serve as a part-time acting
ED, but he is only spending two hours on Monday mornings at
WILMAPCO, not enough to provide the leadership needed. In
addition, as a result of the 2000 elections, the WILMAPCO
Council, which appoints the Executive Director, will itself
be changing. The Council includes Delaware's representatives--Secretary
of Transportation Anne Canby, Director of the Delaware Transportation
Corporation Ray Miller, and Governor Carper's Chief of Staff
Jeff Bullock; New Castle County Executive Tom Gordon; Wilmington
Mayor Jim Sills; Odessa Mayor Jim Grant, representing New
Castle County municipalities; and three Maryland members--Elkton
Mayor Robert Alt, Cecil County Commissioner Nelson Bolender,
and Maryland Department of Transportation Office of Planning
and Capital Programming Director Marsha Kaiser. Because faces
on the Council will be changing, and because the philosophy
behind transportation decisions may also change with new administrations,
it will be difficult to find someone willing to take the Executive
Director's position in the near term. The problem is not leadership
alone. As it is short of staff, WILMAPCO will not be able
to continue the pace of transportation planning and improvement
projects that have marked Alex Taft's tenure. For example,
Tigist Zegeye was scheduled to be loaned to the City to manage
the Trolley project full time to ensure compliance with the
complicated, strict, and time-constrained federal requirements
for funding approval. However, as Deputy Director, with no
full-time director and short on staff, that is not a viable
option for Tigist.
Venezky Ordinance Update
The public hearing before the
Planning Board of the Venezky Ordinances (99-146 and 099-151)
was, for a second time, delayed. In February, Karen requested
a delay in the hearing on her ordinances because she wanted
to prepare substitutes; in March, she again requested a delay
to allow more time to review her substitutes. Since their
introduction, these ordinances have generated substantial
concern and opposition because of the impact they would have
on economic development in New Castle County.
Substitute No. 1 to Ord.
99-146 requires traffic impact studies for minor record subdivision
or land development plans if proposed developments generate
more than fifty peak hour trips, including trips that
are diverted from existing traffic. The Substitute provides
exceptions for "brownfield development," "public
facilities needed to support new development," and "churches."
When a traffic impact study is required, "the transportation
capacity allocated to a proposed development shall be based
upon the most limited intersection(s)." Because there
are intersections all over the County which have inadequate
Levels of Service (LOS), it will be difficult to find a site
that will be able to pass the County's level of service requirement.
Even in its substitute form,
this ordinance violates the planning principles underlying
the County's Comprehensive Plan and Unified Development
Code (as well as the State's Shaping Delaware's Future).
Each of these documents encourages infill as a cost-effective
way of providing infrastructure, supporting transit, preserving
open space, and deterring sprawl. Excepting the minor plan
from the constraints of traffic impact studies and the County's
onerous level of service requirements is the primary mechanism
in the UDC to encourage infill and discourage sprawl. By UDC
definition, and in reality, minor plans have minor impact.
In addition, because of the constraints of the UDC that so
severely limit development in the County, it is primarily
minor plans which are keeping economic development alive in
New Castle County. Other than projects submitted prior
to the UDC and major plans with major CIP-funded infrastructure
(e.g., AstraZeneca and First USA), it is mostly minor plans
which are moving thorough the County's approval process.
Major plans are possible for companies with sufficient resources
(and determination to expand in New Castle County) to afford
the studies, the waiver process, the mitigation costs, and
the political uncertainty accompanying the process.
While this new requirement for
minor plans will hurt small businesses the most, it has the
potential for impacting every company, large or small, which
wants a minor expansion. The sweeping impact of this ordinance
includes not only businesses, but also, schools and other
public, as well as non-profit, institutions.
Substitute No. 1 for Ordinance 99-151 revises the original
ordinance to emphasize the enforcement of violations involving
"work being performed in an unsafe or dangerous manner,
or that jeopardizes the health, safety or welfare of the public"
or to work being done "in the absence of necessary approval(s),
plan(s), or permit(s)." Such unsafe or unapproved work
is subject to a stop work order and civil and criminal penalties.
Also revised is the guilty-by-association paragraph which
originally targeted "any agent or subcontractor of the
applicant, or to any corporation, partnership, joint venture,
or other legal entity with which the applicant is associated."
That key paragraph now reads, in part:
"The General Manager, or his or her
designee, may refuse to grant any further building permits
or certificates of occupancy to the applicant, to any corporation,
partnership, joint venture, or other legal entity with which
the applicant has a controlling interest, or to any business
entity formed by the applicant in an attempt to circumvent
the effect of this penalty."
As Karen is out of the country
through the end of the month, it is not clear when she plans
to bring these ordinances before the Planning Board.
Beverley Baxter
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