Pine Street Coalition Update on the Now $125 Million Fatally Flawed Champlain Parkway—May 18, 2022
WCAX covers Pine Street Coalition lawsuit May 10—report by Melissa Cooney https://www.wcax.com/2022/05/10/champlain-pkwy-opponents-seek-injunction-stop-june-construction/ Coalition injunction to stop July construction. Tony Redington interviewed.
Note 1: Burlington no longer has an obligation to pay back even a postage stamp to Federal Highway Administration in regard to Champlain Parkway now the Infrastructure Act signed by President Biden in November removes power to force state or locality of payback. In fact it appears even under the old law we did not owe a dime. The Federal Highway and VTrans threat was a false flag! The Coalition has asked the City Council Transportation Committee to look into this and obtain a detailed legal opinion.
Note 2: Champlain Parkway which among other elements cuts King Maple neighborhood in two, lacks an inch of safe bicycle accommodation, lacks a single inch of sidewalk now reaches a cost of $125 million! Construction cost about double long term estimates. See attached estimation. Railroad Enterprise Project (REP) another $26 million! RIGHTway cut Parkway cost by millions!
In this update:
Pine Street Coalition Files Amended Complaint, First Steps of Injunction to Stop Any Parkway Construction as US District Court Lawsuit Begins May 16!
Call to Action Time to Take to the Streets!—Mark the Dates: Noon Saturday June 11 at File Case Sculpture/Flynn Coop Housing; and Noon Saturday June 18 for a King Maple, a “Honk and Wave” at Pine St/Maple St Intersection
Youth Movement—Champlain Elementary Englesby Brook Study Students Support RIGHTway’s Saving Acres of Trees, Englesby Brook and Natural Areas Preservation/Protection—May Testify at US District Court
Infrastructure Act signed last November deleted language allowing Federal Highway to seek any payback from Burlington for Parkway expenditures
———————————-
Pine Street Coalition Files Amended Complaint, First Steps of Injunction to Stop Any Parkway Construction as US District Court Lawsuit Begins May 16! Pine Street Coalition (Coalition) filings at US District Court this week were the first paper to move since we filed June 6, 2019. Papers were filed Monday, May 16, and include first steps for an injunction on any Parkway construction now set for July 1 until litigation ends. The almost three year delay occurred as the City/VTrans through the now known totally empty and insulting steps to apply new Environmental Justice rules. Yes City/VTrans ignored all the lengthy comments, meetings, etc. The City/VTrans concluded—though they had totally failed to meet the letter and spirit of the new rules (our position)—the box they checked in 2009,13 years ago, continued to be sufficient! The 2 1/2 year process did in fact certify King Maple neighborhood a community of color but no need to change a whisker of design change. Then City/VTrans went lickety split to bid and OK’d construction ($45 million, about double budgeted) the single bid less than four months later! An unfortunate example of government reenforcing distrust in it performance!
Call to Action Time to Take to the Streets!—Mark the Dates: Noon Saturday June 11 at File Case Sculpture/Flynn Coop Housing; and Noon Saturday June 18 for a King Maple, a “Honk and Wave” at Pine St/Maple St Intersection Let’s gather to express our opinion on the Parkway at two June Saturday events as the US District Court mulls action to stop the July 1 Parkway construction! We have just gone through 3 years delay as the City/VTrans went through the nothing burger on the deeply serious Environmental Justice regulations—King Maple is a blatant example of transport racial injustice! Low-income injustice too! Let the Court know what our community thinks of the current design of the Champlain Parkway!
Saturday June 11—Flynn Ave at Filecase Sculpture Opposite Coop
We will have speakers and exchange views and ideas on the Parkway across from City Market South End on Flynn Ave at the Filecase Sculpture. Consider bringing a sign, help us let our District Court know we do not want this harmful, hurtful and 1950s design in an era when we want to preserve our natural areas, stop installing unsafe signals and roadway, keep our connection to SBTV, etc. We actually thinks a sidewalk and separate and safe bicycle accommodation would be a good idea a la Vermont’s Complete Streets law (not an inch of either on the Parkway!)! Hope to see you there! More to come on this. Will need some volunteers to make signs, organize, etc.
Saturday June 18—King Maple Neighborhood—Pine St/Maple St
Intersection
A good old fashioned “honk and wave” event. With this all-way-stop intersection we can all be reasonably safe as pedestrians—each car at the stop signs can read our signs like “No Parkway through King Maple,” “No Way for Parkway Transport Racism in King Maple!,” “No 22% and 37% Parkway traffic jump!” We will need some sign makers—four signs allows us to give the message to all four approaching vehicle streams!! Parkway installs a traffic signals at this and the next intersection at King upping speeds, forcing kids to push a button and wait around to cross streets, colored lights all day and night onto adjacent housing, etc., etc.
Youth Movement—Champlain Elementary Englesby Brook Study Students Support RIGHTway’s Saving Acres of Trees, Englesby Brook and Natural Areas Preservation/Protection—May Testify at US District Court An expert in natural areas who instructs in schools, Judy Dow who is Abenaki, has been working with group of 5th graders on scientific learning experience with adjacent Englesby Brook including how wildlife cannot traverse the Pine Street tunnel—similar to what is in the Parkway. They students want to testify at the Court on the importance of the RIGHTway keeping Englesby out of another pipe, preservation and protection of the Brook floodway and the roughly one mile narrow natural corridor enabled by a scaled back road design between Home Ave and Lakeside Ave.
Infrastructure Act signed last November deleted language allowing Federal Highway to seek any payback from Burlington for Parkway expenditures The Infrastructure Investment and Jobs Act (IIJA), commonly referred to as the Bipartisan Infrastructure Bill deleted language that in the past allowed Federal Highway Administration to on a discretionary basis seek repayment of federal transportation from states but only to the point of completing right-of-way purchases. Since about 2012 Federal Highway (FHWA) and VTrans have threatened payback demand if the Champlain Parkway did not go forward—even though opponents have always sought making the project safe, climate positive, and avoid cutting King Maple neighborhood in two (to cite just three changes the Coalition seeks!). In fact, the base right of way for the project from Shelburne Road through to Lakeside Ave was mostly obtained in the 1980s and all expenditures one planning and engineering since are not eligible for repayment! That issue is moot since the new law deletes the power of FHWA to obtain payback of any funds spent on highway projects.
Thank you all for your continued support and counsel!
Tony Redington
Walk Safety Advocate
for the Pine Street Coalition
Thursday, May 19, 2022
Pine Street Coalition $125 Parkway Update May 18--Rally Events June 11 and June 18!
Sunday, May 1, 2022
Pine Street Coalition May 1 Champlain Parkway Update
Injunction Against Parkway Construction at US District Court
May 16!
The first US District Court papers and motions since the Pine Street Coalition (Coalition) first filing since June 6, 2019 due by May 16, and the Coalition will file a motion for an immediate injunction on any Parkway construction until litigation ends.
Fortieth Burlington Joins in Coalition Lawsuit!
Fortieth Burlington LLC (40th) which owns the major modernized office space in the historic cotton mill, Innovation Center on Lakeside Ave, joins shoulder to shoulder with your Pine Street Coalition (Coalition) in the US District Court Champlain Parkway lawsuit calling for a strong supplemental environmental document process or an entirely new one--the current 2009 document clearly now obsolete and stale.
The Coalition and 40th immediately seek an injunction against any Parkway construction until litigation ends. The aim of the lawsuit is to seek a major Environmental Impact Statement update (now based on 2000 Census and traffic data from 2003) or a completely new one so the transportation reality of today can be used rather than that of 2006 when the last public hearing was held—as we say “do it right the first time.” That reality includes seriously addressing safety, climate change, racial and low income environmental justice, community economics, and major changes in practically all rules, laws, regulations and practices as well as changes on the ground since the final public hearing on the project almost 16 years ago!
Disappointing City Council Action
Certainly we are disappointed—but not discouraged—by the City Council action approving a contract for part of the Parkway from the sole bidder at a cost of $45 million, a figure about 100% higher than budgeted by the Chittenden County Regional Planning Commission. This shows overall construction costs at about twice the $35 million full Parkway construction estimate! Note the Pine Street Coalition/VT Racial Justice RIGHTway would cut about $8 million in the required tax dollars!
The Lawsuit
The aim of the lawsuit is to seek a major 2009 Environmental Impact Statement (EIS) update (now based on 2000 Census and traffic data from 2003) or a completely new one so the reality of today can be used rather than that of 2006 when the last public hearing was held—as we say “do it right the first time.”
The stale, obsolete 2009 EIS contains not one sentence on addressing climate change, not a paragraph addressing safety for users, and identifies no issue of racial and low-income equity. Yet, even after a three year Environmental Justice new rules application the City and VTrans (not a whisker of Parkway change!) utterly failed in application of the rules and ignored unanimous opposition at the one public hearing on the Parkway cutting in two the King Maple community of color, also designated low-income by Gov. Scott.
We all know the basics of the lawsuit
The threat of payback required of the City never made sense as such a requirement still remains discretionary on the part of the Federal Highway Administration—no law absolutely requires it. That the City Council operated out of fear rather than the best interests and safety of its residents and businesses is troubling. Much less the issues of racial and low income justice, air quality and climate change, Englesby Brook protection, a newly found endangered species (including the Northern Long Eared bat), and simple waste—all inherently negative in the current harmful Parkway design.
An example of waste is the building of two streets instead of one, Briggs Street and Parkway for an entire block. Add a sidewalk to a “new” Briggs (now the mud flats), the Parkway and shared use path (mixes 20 mph ebikes and pedestrians including toddlers, those with canes and walkers, etc.)—there are upwards of 125 to 150 feet width of pavement! This is twice what is needed! This section is so bizarre Petra Cliffs and perhaps even our City Market Coop have been quietly informed that the City will just put in a driveway across the “new” useless Briggs Street directly onto the Parkway! Public Works Director Chapin Spencer in the 2016 presentation to the neighborhood where not a word was allowed spoken by the 100 attending could not have been more correct when he said if the project were designed to today it would be different—those words resonate even more today, six years later!
The Flynn Avenue/Briggs Street/Parkway intersection analyzed by the now adjacent City Market Coop also fails with an average vehicle delay almost two minutes (110 seconds) at afternoon peak. Pine Street Coalition focuses changes on the ground and numerous changed laws and regulations as the basis of its case to call for discarding the current obsolete design. But there is also substantial waste with about 1.75 lane miles of no longer needed roadway and ongoing maintenance costs which would be added to the capital costs of the Parkway.
Unfortunately our Department of Public Works retains little credibility on the Parkway safety or safety on our streets with its decade long record of no serious attention to even one of the City’s twenty high crash intersections on VTrans current list. All but one of those 20 intersections are signalized and three lie on the edge of the low-income/people of color King Maple neighborhood. With almost one in five of the Vermont high crash intersections on our mostly 25 mph streets, Burlington streets are among the most dangerous in Vermont to walk, bike or travel by car. About weekly a pedestrian or cyclist is injured along two car occupants.
We can and must do better when spending $130 million now and counting for our South End. We must “do it right the first time” and install a street, almost a corridor long dedicated pedestrian only sidewalk, and a “bikes only” 2-way bikeway—in short, a roadway we can love!
Informed and focused efforts to alter a major roadway project succeeded early this century in the City supported fight against the Circumferential Highway, and in the Keene, NH citizen battle against a $80 million bypass expansion which was converted to three roundabouts with even better safety and service!
Thank you all for your continued support and counsel!
Sunday, April 3, 2022
Champlain Parkway Update--Court Starts, Racial Equity Ignored, Price Doubles?, Private Group Joins Lawsuit
Pine Street Parkway US District Court Lawsuit Begins,
Finally, May16
City Ignores King Maple Neighborhood Certified
Community of Color with Zero Change in Parkway
Blatant Environmental Injustice Design After
Almost 3 Years Public Review
City Quietly Puts Parkway to Bid—Only One Bid
Received Two Weeks Ago, About Doubles the
Overall VTrans/City Estimated Total from $30
million to as much as $60 million! (Yes, Pine Street
RIGHTway would cut project construction costs by
about one quarter!)
Fortieth Burlington, LLC Owner of Major Lakeside
Office Complex, Innovation Center, joins Pine
Street in Litigation at Vermont’s US District Court
April 2, 2022
Good Day Pine Street Grassroots Members:
Please note recent highlights as the Champlain Parkway moves from an almost three year delay to apply new Environmental Justice regulations (not a whisker of change in the harmful Parkway design!) to the Pine Street US District Court lawsuit filed June 6, 2019 (D-Day). And the apparent ill-timed rush to Parkway construction by the Mayor Weinberger administration. The one bid received March 18 signals a doubling of estimated construction costs! The Chittenden County Regional Planning Commission and VTrans estimates of $30 million for construction based on a partial Parkway construction bid of $40.1 million suggests construction costs doubling to about $60 million!
If you have not yet signed the Vermont Racial Justice Alliance petition to support our joint Champlain RIGHTway, please take a moment to visit the petition site provided at the end of this message. And continue to encourage our City Councilors and Legislative representatives to push for the exciting RIGHTway and its benefits (and save up to 25% of the construction estimate!) instead of the current harmful to the South End design!
When asked the question of who makes the decisions on the Parkway, one is reminded of a conversation between then former Secretary of Transportation Sue Minter following a campaign appearance in her campaign for governor when she told Pine Street leader Jack Daggitt in response to questions about the Parkway design, she responded simply “this is a City project!” Minter herself is said to have nixed roundabouts in the project in a 2015 meeting. Still, the point she makes is the Mayor of Burlington is the key person in decisions making regarding the Champlain Parkway. The Parkway is a City project!!
Tony Redington
Walk Safety Advocate
for the Pine Street Coalition
Pine Street Parkway US District Court Lawsuit Begins,
Finally, May16
Grassroots volunteer Pine Street Coalition (Coalition) filed at US District Court here in Burlington on D-Day June 6, 2019 with the purpose of stopping the obsolete, harmful Champlain Parkway design and obtaining a re-design which responds to safety for all modes, addresses climate change, and most important, relieves not adds to the overburden for King Maple neighborhood. The City now opposes and always has the current design cutting in two the now certified community of color King Maple and adding 22-37% more traffic and installing two injury generating traffic signals to an already overburdened low-income, community of color area.
Now the plaintiffs, Pine Street and Fortieth Burlington, LLC, Innovation Center owner face off with the City, VTrans and Federal Highway Administration with first legal brief filings due by May 16.
City Ignores King Maple Neighborhood Certified
Community of Color with Zero Change in Parkway
Blatant Environmental Injustice Design After Almost 3
Years Public Review
It remains puzzling after almost three years and a unanimous strong public hearing opposition and comments against the Parkway cutting through the now certified King Maple neighborhood as a community of color—just why not a whisker of design change in this overburdened neighborhood where 32% of residents have no car access and are pedestrian dependent?
A major change this year is the National Roadway Safety Strategy document from the US Department of Transportation (January 2022)
https://www.transportation.gov/NRSS
This policy document calls for a “Safe System Approach” and “Safe System Intersections” (primarily roundabouts) to transport funding to address “preventable” serious and fatal roadway injuries—there are at least 21,000 preventable fatalities each year on US roads, about 30 in Vermont. (US plunged from first in world road safety in 1990 to18th today, ped deaths up 51% since 2010 with two recorded in Burlington.)
The new national strategy expressly makes both racial/low-income equity and climate change the two vital companion objectives in safety spending. The National Roadway Safety Strategy ties directly to 2021 Executive Orders https://www.transportation.gov/NRSS/SafetyEquityClimate EO 13985 on Equity and EO 14008 on Climate Change.
It is difficult to conceive of a roadway investment in Vermont which could be more damaging to racial and low income equity and the climate than the current design of the Champlain Parkway!
City Quietly Puts Parkway to Bid—Only One Bid
Received Two Weeks Ago, About Doubles the
Overall VTrans/City Estimated Total from $30 million to
as much as $60 million! (Yes, Pine Street RIGHTway
would cut project construction costs by about one
quarter!)
On March 18, Burlington opened the one bid for construction of just part of the Champlain Parkway between Main Street and Home Avenue—that bid, reportedly $40.1 million alone exceeds the $30 million City estimates on the books for about three years. The $40.1 million when added some time in the future of the balance of the Parkway from Shelburne Rd to Home Ave (“Road to Nowhere”) means the current Parkway design will double to about $60 million the current estimates.
This number also calls into question the $20 million estimate for the Railroad Enterprise Project (REP) which just about all in the City favor being built first to bypass the King Maple neighborhood already overburdened with traffic, pollution, and social disruption of high traffic volumes. The City is responsible for 100% of REP costs over $20 million.
Some say the Weinberger administration ill-timed bid maneuver was to avoid facing the court challenge and avoid a possible injunction stopping construction. That occurred at US District Court in the Circumferential Highway lawsuit when VTrans let contracts followed by the Court rejected the environmental document and the project died—same issue here with the Parkway?
Fortieth Burlington, LLC Owner of Major Lakeside Office
Complex, Innovation Center, joins Pine Street in
Litigation at Vermont’s US District Court
It is news that the owner of Innovation Center on Lakeside Avenue took action recently to also oppose at US District Court the current Parkway design and seek a quality, modern South End transport facility which is safe, addresses climate change (Efficiency Vermont was a longtime tenant) and corrects the overburden for the low-income and community of color King Maple neighborhood.
Pine Street and Innovation Center have worked closely in the past in regulatory and State courts to obtain a responsible Parkway design.
Attached please note a simple example of a street, a dedicated bikeway, and sidewalk. This is the type of design Pine Street and Vermont Racial Justice Alliance call for between Queen City Park Rd to Home Avenue and from Home Avenue to Flynn Ave. It is the RIGHTway! It is “doing it right the first time!”
Please stay safe!
Yours truly,
Tony Redington
for the Pine Street Coalition
What can you do?
Sign the Stop the Champlain Parkway Project and Choose the Champlain RIGHTway Petition: http://chng.it/tS9Ts5FjDx SafeStreetsBurlington.com
Friday, October 29, 2021
Two Year Environmental Justice Rules Application to Parkway Design Results in No a Whisker of Change
Frustration and consternation remains that after 2 years of applying new Environmental Justice regulations to the obvious current Parkway design injustice to low income (26 of Burlington residents have poverty incomes, a population mostly in King Maple and Old North End neighborhoods); and blatant injustice to the community of color (King Maple largest such community in Vermont).
Frustration and consternation the result of two years was nothing of outreach and hearings, etc., and not one design change! No recognition even of known degrading of safety, air quality, and
livability, particularly along Pine Street part of the Parkway which
cuts King Maple in two! Not even an admission that in King Maple there
will be more traffic, higher speeds, and degraded walking conditions and
increased pollution are not a bad thing!
Tweets on 2 year Environmental Justice rules application to the Champlain Parkway with unanimous opposition at the one hybrid 2021 hearing and not a whisker changed in the hurtful, obstolete and global heating design!! Here are some recent tweets in this regard.
"US Transport Boss Pete/VT Fed Highway chief Hake/VTrans Secretary Flynn last Friday after 2-year look leaves untouched Champlain Parkway blatant racial/low-income injustice in King Maple community of color. South Ender Carolyn Bates montage reflects reactions of many. Add Mayor Weinberger to this group! #btv #vtpoli"
"Champlain Parkway 2-year Environmental (In)Justice work completed a design trifecta of planet heating and upped road injuries. Add Mayor Weinberger to the non-perform list!. #btv #vtpoli"
"Robust[ed] System of Transportation" says Burlington Public Works director on WCAX. $100 million spent on 2.3 miles Parkway through the South End and not one inch of sidewalk, not one inch of safe bikeway/protected bike lane. That "Robusted!" #btv #vtpoli Go RIGHTway! ]
Red Light for Traffic Signals
The current Champlain Parkway design calls for 6-7 new traffic signal systems, a technology considered pause and dangerous in every way. Here is a tweet announcing Freakonomics feature on roundabouts replacing signals:
“Traffic signals in most cases belong in recycling bins (highly toxic for pedestrians!). "Should Traffic Signals be Abolished?" on Freakonomics. City of almost no signals left (about 140 roundabouts, a dozen signals) Carmel, IN Mayor Brainard https://freakonomics.com/
Burington—A Pedestrian or Bicycle Injury Weekly
Pedestrian and bicycle injuries are a weekly occurrence in Burlington. The Champlain RIGHTway reduces bike/ped injuries versus the increase inherent in the current design.
My recent tweet: “Numbers in BTV are clear, about one pedestrian or cyclist injury weekly and two car occupants (from recent 5 year data set). BTV has 20 high crash intersections on state list, each 1.5 injuries/year average. City has not addressed any of these. #btv #vtpoli"
Wednesday, September 8, 2021
The Equality Street--A Step Up from the Complete Street, Accounting for Racial Bias
Tuesday, June 15, 2021
Pine Street/VT Racial Justice Call for Railyard First, then RIGHTWAY to cut King Maple up to 59%!!
Pine Street and Vermont Racial Justice Call for Champlain RIGHTway cutting King Maple Traffic 59%!
Wednesday, February 17, 2021
Pine Street Coalition and VT Racial Justice Alliance receive joint Transit Equity Day award by VT Sierra Club Chapter
Sunday, May 17, 2020
New Street Proposal to City, Vermont Agency of Transportation and Federal Highway Officials
- RESTORE and REFURBISH as a two-way, two-lane road the EXISTING PORTION of the never-completed SOUTHERN CONNECTOR. This runs from I-189 at Route 7 to Home Avenue.
Pine Street Coalition New Street Proposal--A Street our South End and City Can Love!!
- RESTORE and REFURBISH as a two-way, two-lane road the EXISTING PORTION of the never-completed SOUTHERN CONNECTOR. This runs from I-189 at Route 7 to Home Avenue.