08/08/2007

MD 589 and the Pennington crosswalk debacle
Commentary by Bob Lassahn

While being updated on Racetrack Road or Maryland Route 589 (MD 589) by Maryland State Highway Administration (SHA) the issue of a pedestrian crosswalk on MD 589 at the intersection of Manklin Creek Road or the entrance to the Pennington Commons commercial area was interjected by Commissioner Judy Boggs.

Before going any further I personally do not see that the frequency of pedestrian traffic at Pennington Commons has reached some sort of critical mass. I travel that way often and have yet to actually observe some unfortunate soul dodging vehicular traffic, so I am not here to be a rabid advocate of the crosswalk. However, if it is deemed necessary it seems working out the issue of who is responsible for what is definitely something that should be considered.

Commissioner Boggs stressed to District One Engineer Donnie Drewer of SHA that this is a situation that requires immediate attention and cannot wait until MD 589 is actually improved. Mr. Drewer acknowledged that he was aware of concerns expressed by some local residents and reiterated a previously stated position that SHA would install a crosswalk on MD 589 only if a sidewalk is installed along the south side of Manklin Creek Road. This would place the new sidewalk and crosswalk in alignment with the existing sidewalk on the Pennington Commons property. It was clarified that the intersection would not presently qualify for pedestrian signals.

This is where the discussion somehow went haywire. Since the roadways intersecting at the Pennington Commons entrance belong to the county and state it seems logical that any perceived safety issues fall squarely into their area of responsibility. Instead they somehow rationalized that the Ocean Pines Association (OPA), which does not own any property where the sidewalk should be installed (the property is privately held by the owner of the Southside shopping area), is responsible to facilitate construction. According to Commissioner Boggs that determination apparently evolves from some convoluted rationalization that OPA residents are the ones who recognized the problem and complained, so even though the safety issue exists on state and county roads, OPA should pitch in to fix it.

By my thinking the state and county can either agree that a problem exists and take appropriate action or deny that a problem exists and walk away. They should not concur that there is a safety issue on their turf and then defer to some third party to take remedial action. Perhaps the issue would be entirely different if the county had assigned responsibility for Manklin Creek Road to OPA, something considered and rejected on two separate occasions by the commissioners, but that has not occurred.

Ocean Pines did not create Pennington Commons and it does not exist solely for the benefit of OPA members. It is a public shopping area available to everyone and actually has served to exacerbate the traffic congestion on MD 589. The pedestrian crossing should have been anticipated and addressed, including sidewalk requirements on the east side, during the project planning stages. This is reinforced by the existence of a sidewalk on the Pennington Commons property at the location. Why would it exist if no pedestrian traffic across MD 589 was anticipated? However, in a similar vein with the WalMart exit light it appears it was left for citizens to identify the problem after the fact.

It has always been my understanding the roadway grant monies passed through from the county to OPA, which Commissioner Boggs alludes to in an e-mail exchange with me, are primarily for maintenance/improvements to roads under the control of OPA. The association receives the money because it relieves the county of responsibility for these roads. I have difficulty with the concept that the funds were ever intended for OPA to go outside of its geographic boundaries and assume responsibility for problems on state or county roads.

Commissioner Boggs notes in her e-mail that OPA has not, to her knowledge, weighed in on the issue. Since at least one county commissioner obviously believes it is up to OPA to undertake and finance a project on a county road that is viewed by some Pines residents as essential to their safety, it is imperative for the OPA board to make its position known.

#############################################################

The following is Bob Lassahn’s e-mail inquiry to Commissioner Judy Boggs and her response.

Judy,

As a follow up to the August 7 County Commissioner meeting:
During the discussion with Donnie Drewer of SHA it was stated that the installation of a pedestrian crosswalk to Pennington Commons across Maryland Route 589 (Racetrack Rd.) would be contingent upon a sidewalk existing along the south side of Manklin Creek Rd. At present this crossing would not rise to the level of usage required to consider installation of pedestrian signals and would consist only of markings to designate the crosswalk area.

If I have the facts correct Manklin Creek is a county road, the Ocean Pines Association does not own property along the south side of the roadway and the property owner (Bob Douglas I believe) on the south side has indicated a willingness to provide sufficient land to build a sidewalk. That leaves the question open ended as to who would be responsible to fund construction if in fact a sidewalk is to be provided.

Since this has become a safety concern with many individuals, acknowledged by the County Commissioners and the SHA, is the county now considering construction of the requisite sidewalk at county expense?

Thanks
Bob Lassahn

Response from Commissioner Boggs:

Bob,

Manklin Creek is indeed a county road and the county also has the limited required easements on either side.  Mr. Douglas has never contacted the county regarding donating his property for any use.  And, frankly, it probably is more appropriate for him to discuss this potential donation with the OPA.  Regarding the funding, the county this year gave OPA approximately $580,000 in pass-through funds for OPA roads (that also can be used for sidewalks).  I have never heard that the OPA, in fact, has been involved or taken a stand on this issue.  I believe Donnie Drewer would probably want to know that the OPA supports any effort promoted by Ocean Pines residents, for Ocean Pines residents as it pertains to their pedestrian and bicycle safety. 

Judy