Poor Public Involvement about Main Street (West Chatham - Route 28)

[Stephen Buckley]

Monday, 22 January 2016

Pamela Stephenson, Division Administrator
Federal Highway Administration
55 Broadway, 10th floor
Cambridge, MA 02142
(Attn: Kevin Wright)

Michael Trepanier, Sr. Environmental Planner
Environmental Services
MassDOT - Highway Division
10 Park Plaza, Suite 4260
Boston, MA 02116
(Attn: Stephanie DiNezio)


Subj:  Poor Public Involvement about Main Street (West Chatham - Route 28)

Dear Ms. Stephenson,

In this presidential election year, you may have noticed that more citizens are indicating their increasing frustration with a system of governing that they see as "rigged" to ignore their concerns.

And, while many are talking about reforming the financial institutions on "Wall Street", your office is involved in reforming (quite literally) the "Main Streets" of many cities and towns, after hearing the concerns and suggestions of the citizens that use them every day.

But how can we, as a nation, work together to solve the problems like "Wall Street" reform, when citizens are prevented from suggesting  something as simple as a crosswalk for the new roadway improvements being proposed near their home?

Earlier this month, former Transportation Secretary Mary Peters (2006-2009) touched on this problem, speaking at the 50th anniversary of the U.S. Department of Transportation about the need to end the traditional, top-down approach to transportation planning (DAD: "Decide, Announce, and Defend") in favor of inclusiveness and consultation with citizens:

"And I think that's the challenge that we have today .. Don't "Decide, Announce, and Defend".  Get out there and meet with the public, on their terms, and find out what they really want."

It is interesting to note that, one day after Secy. Peters tenure at DOT ended, President Obama, on his first full day in office, directed all federal agencies to be more "transparent, participatory, and collaborative" with the public, as judged by the public themselves (not the agency).  However, judging from the DOT's "Open Government Plan", no such data has been collected.

Most people don't know that "Public Involvement" is actually a legal requirement, existing long before the election of President Obama, in order for DOT to approve federal funding of state DOTs transportation projects.  As you know, each state must follow specific steps in its FHWA-approved "Public Involvement Plan" so that people will be meaningfully engaged in the planning for projects that will affect their daily lives (like the roadways that they use everyday).

As a federal engineer for many years, I did investigate whether federal agencies (at which I worked in Washington, D.C.) were complying with the legal requirements for Public Involvement.  However, during the past 7 years of "Open Government" efforts at DOT, covering tens of thousands of transportation projects, I can find no one at DOT or the FHWA who is keeping track of whether the public's involvement in DOT projects has gotten any better, or is even willing to investigate evidence offered about the legal inadequacy for Public Involvement in a specific single project.

I can provide additional details, but the evidence of short-cuts in the MassDOT's planning process, along with years of public frustration, all of which can be shown in public records and official video.  For example: In 2013, a consultant selected by MassDOT for project design on a state roadway (Route 28 in West Chatham) presented our Board of Selectmen with two alternatives to the existing roadway.  At the subsequent public hearing, citizens were told to comment only on the one design alternative recommended by the MassDOT consultant.  With no notice or explanation, the second alternative design had been removed from public consideration and was "off the table." (And the video of this is on the Town's website, if you're interested.)  That mis-step, amongst many others, is not allowed under the Public Involvement Plan approved by FHWA in order for MassDOT to qualify for federal funds.

There is, however, an opportunity to review this particular project, apparently typical of many others, to evaluate the evidence that steps were taken to circumvent the legal requirements, under DOT regulations, for Public Involvement.  Therefore, I request that you decline to approve federal funding for MassDOT's West Chatham - Route 28 project until the public is given the proper opportunity, required under federal regulations, to consider more than just a "take-it-or-leave-it" option.

I believe that proper Public Involvement requires that the public be allowed to consider and comment on an Environmental Assessment (EA) that would more clearly assess the effects on the "natural and physical environment and the relationship of people with that environment" (i.e., including public safety on roadways) as defined under federal regulations (40 CFR 1508: "Terminology").  Previously, the public had only been given a cryptic, one-page chart (no sentences or data) to compare the two alternatives for project design.

By copy of this letter, I am also responding to the MassDOT's request for comment concerning its determination that the West Chatham - Route 28 project does not involve "substantial controversy on environmental grounds".  As referenced in previous paragraph, the word "environment" is legally meant to include "public safety" and is not limited to the natural environment, as the average citizen might assume.  Without making that clear, the statement is misleading to the public (as evidenced by a senior reporter's reasonable assumption in our local newspaper) and, so, prevents a reasonably intelligent person from providing an informed response to the statement. 

If you are somehow unaware of the years-long controversy concerning the effect on traffic and pedestrian safety along this portion of Route 28 in West Chatham, please consult past issues of the Cape Cod Chronicle, as well as this sample: an official video-clip of a discussion (1 hour!) at our Annual Town Meeting (May 2013) with a majority vote (non-binding) to stop the planning process altogether. --> http://ec4.cc/kc3927b43

Regardless of what you decide, this project already has a wealth of examples, much of it available on the web (including video) for "lessons-to-be-learned" on how NOT to conduct Public Involvement, and not just in transportation planning.  It could easily become a classic case that is studied by public planners, citizen advocates, etc. at conferences, workshops and seminars for years to come.

The special irony is that this (and probably many other similar cases) occurred without any discernable influence from the Obama Administration's "Open Government" effort for federal agencies (like DOT) to build the public's trust by better informing and engaging citizens in their own government.  It is just as Secy. Peters warned: stopping the traditional, top-down approach to public planning is "The Challenge" that DOT faces today.

This letter will be available in electronic form (i.e., with active links) at OpenChatham.com under the posting for February 22, 2016.  Please let me know (preferably not by paper mail), if you have questions or would like additional information concerning any statement in this letter. 

sincerely,


Stephen Buckley
15 Balfour Lane, Unit T
Chatham, MA
G: 508-348-9090
email-group: openchatham @googlegroups.com
http://www.OpenChatham.com
http://www.OpenGlovMetrics.com


P.S.  An earlier draft of this letter was presented to the Chatham Board of Selectmen for consideration at their February 9th meeting.  It contains some information and references not found in this letter, but that may reinforce some of the statements made above.  Please consider it an addendum to this letter.  Find it in the @OpenChatham posting for February 5, 2016

P.P.S.  I have email messages from MassDOT and your office indicating that the due-date for public comments on the Categorical Exclusion Checklist is actually today (Monday, 2/22/16) because the 30-day comment period ended on last Saturday.