Promises, Promises

The Charlottesville Bypass is a go, thanks to approval by the Charlottesville-Albemarle MPO. But it’s unclear when the money for other promised U.S. 29 corridor improvements will be forthcoming.

By James A. Bacon

The Charlottesville region will get $197 million for a western bypass plus $33 million to widen a stretch of U.S 29 north of the city, but citizens may have to wait years before funds come available to build other priority projects in the U.S. 29 corridor.

In a split decision, the Charlottesville-Albemarle Metropolitan Planning Organization voted to amend its Transportation Improvement Plan to include the two projects but did not make the approval contingent upon state funding for the other projects, as two MPO board members had hinted they might. Instead, the board attached a letter from Transportation Secretary Sean Connaughton that outlined his promise to “recommend” the improvements to the Commonwealth Transportation Board (CTB) for incorporation into the state’s Six Year Plan next year.

The value of the promises in Connaughton’s letter became the object of contention between MPO board members. “I’ve got the letter that I sought,” declared Albemarle County representative Duane Snow, who also serves on the Albemarle County Board of Supervisors. “We’ve got two major projects funded. I think Connaughton’s letter is sufficient” for the rest.

But Charlottesville representative Kristin Szakos said the letter “doesn’t offer any concrete assurances.” Moreover, she said, she didn’t like the fact that the letter had been delivered the day of the hearing, giving neither board members nor the public time to examine it carefully.

Having received approval by the Albemarle County Board of Supervisors, the CTB and the regional MPO, the Charlottesville Bypass is now on the fast track after languishing for 20 years. But the project has not seen the end of controversy. Before construction begins, the Virginia Department of Transportation (VDOT) will have to conduct an extensive environmental impact study, complete the design, acquire more right of way and bid out the construction contracts.

Less than two months ago, the Bypass proposal had seemed to be on life support. It survived as an item in the state’s Six Year Plan but no money had been allocated to it and rights of way acquired years ago were due to expire in 2012. Civic leaders of Charlottesville and Albemarle County had revised their strategy for relieving congestion on U.S. 29 north of Charlottesville by making spot improvements to U.S. 29, limiting direct access to the highway, building parallel roads, approving walkable, mixed-use development in the corridor, and adding a mass transit component.

But the Bypass issue was resurrected recently when Thomas and Snow, both Republican members of the Albemarle board, met with Connaughton to discuss the region’s transportation needs. As they later described the meeting to the public, they were seeking funding to widen a stretch of U.S. 29 north of the Rivanna River. Connaughton introduced the idea of funding the Bypass, which they had assumed was off the table. They responded they were committed to several projects in the U.S. 29 corridor. The transportation secretary asked if they would support they Bypass if he could get the funding for the other projects. They said they would.

With the support of a third supervisor, Thomas and Snow subsequently reversed Albemarle County’s opposition to the Bypass. Then the Commonwealth Transportation Board allocated funds for the Bypass and the U.S. 29 widening, although it did not approve any money for the other projects. At that point, all the Bypass needed to move forward was approval by the MPO.

In correspondence prior to the MPO meeting, the Southern Environmental Law Center (SELC) urged board members to seek guarantees that the U.S. 29 corridor projects would get the funding promised to Thomas and Snow.

In his letter to the MPO board, Connaughton addressed that concern by writing, “I will recommend to the CTB that the next update of the FY2013 to FY 2018 Six Year Improvement Plan (SYIP) will include resources to accomplish the following….” He then listed these projects:

Hillsdale Drive, a road running parallel to U.S. 29. Connaughton wrote that he would recommend that $10 million needed to fund construction of the project be included in the SYIP.

U.S. 29/U.S. 250 ramp and lane improvements. Connaughton wrote that he would provide the resources necessary for the Virginia Department of Transportation (VDOT) to “take over administration of the project and manage it to completion.” He said he expected the project would retain funding that the City of Charlottesville had already committed to the project.

Berkmar Drive Extension, a road running parallel to U.S. 29. “I am directing VDOT as part of the Route 29 Bypass design to include the conceptual design and layouts of the Berkmar Drive Extended including the river crossing to ensure the Bypass does not preclude the construction of Berkmar Drive Extended," the transportation secretary wrote. He did not mention requesting any money for Berkmar construction. (During the hearing, Snow indicated that much of the project could be paid for with proffer money from developers. Snow also said that construction funds were never part of the understanding.)

Belmont Bridge, a project outside the U.S. 29 Corridor but a high-priority project in Charlottesville. Wrote Connaughton: “I will recommend the CTB provide $8.4 million in funding to the SYIP to advance construction of this project.”

In a lengthy public hearing before the board deliberations, about 100 citizens spoke for and against the project, with sentiment running roughly two-to-one against. Those speaking in favor of the Bypass did so on the grounds that it would alleviate congestion and be good for business. Those speaking against argued that the Bypass will not solve the U.S. 29 corridor’s long-term congestion issues, it would run perilously close to schools, exposing children to fumes and particulates that could harm their health, and the money could be better spent elsewhere.

Speaking for the SELC, Senior Attorney Morgan Butler reiterated the organization’s call for the state to make good on Connaughton’s promises. “Get clear and enforceable commitments from the state,” he said. Connaughton’s letter, arriving at the last minute, “does not fulfill this promise.”

Szakos, the Charlottesville representative, hammered on that theme. The letter doesn’t say when the money will become available, she said. Tied to the Six Year Improvement Plan, it could be any time between 2013 and 2018. “It doesn’t commit to anything."

“This doesn’t meet the conditions you set,” she told Thomas and Snow. “It doesn’t offer any concrete assurances.”

But Thomas and Snow said the letter was good enough for them. They were ready to move on a project that had been on the books for 20 years and were not inclined to accede to Szakos’ request to defer approval for another month while she analyzed Connaughton’s letter. “I’m ready to do something tonight,” Thomas said.

The board voted on related measures to amend the Constrained Long Range Transportation Plan and the Transportation Improvement Plan. Szakos voted against both. Satyendra Huja, the other Charlottesville representative on the MPO board, voted with her on one measure and abstained on the second. James Utterback, the VDOT representative, voted with Thomas and Snow in favor of both.

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This article was reported and written thanks to a sponsorship by the Piedmont Environmental Council.

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