AGENDA #5e
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Report on ADA Ramps in Town
DATE: June 9, 2003
The purpose of this memorandum is to report on how many curb ramps have been constructed to retrofit existing sidewalks at intersections throughout Town. To date, we have reconstructed 103 sites to install curb ramps and recently awarded a contract for 62 more.
BACKGROUND
The history of the Americans with Disabilities Act (ADA) is summarized below.
While the Town requires that all new subdivision sidewalk construction must include curb ramps, during the period in which the requirement for detectable warnings was suspended, installation of curb ramps was completed at many locations without such warning devices. This was allowed in good faith because of the moratorium in effect related to such warnings and concerns that had been raised about the safety of the warning device (so-called truncated domes, or raised pavement markings). For this reason, many of the existing ramps within subdivisions do not have raised pavement markings.
Subsequent to enactment of the ADA in 1990, the Town started allocating Capital Improvements Program (CIP) funding for compliance with provisions directly affecting local governments. Since fiscal year 1994-95, the Council has authorized funding totaling $195,000 for reconstruction of sidewalks in order to comply with ADA requirements.
To date, we have installed a total of 103 curb ramps in compliance with ADA standards and have repaired sidewalks to eliminate potential trip problems at 48 locations.
DISCUSSION
Installation has been completed using a combination of outside contractors and in-house crews. We have awarded a bid to install curb ramps at 62 locations that lack ramps and to improve sidewalks at seven other locations Town-wide to comply with ADA standards. We currently anticipate completion of the work (which will include detectable warnings, in accordance with the new standards) during the first quarter of FY 2003-04.
We now have about 1,600 curb ramps throughout the Town that were installed by private developers as part of normal construction of residential and commercial properties. These ramps do not include truncated domes to alert pedestrians with vision impairments of their approach into a street. Under the interpretation that such features now are required, these existing fixtures ultimately need to be retrofitted to comply with standards in effect since the lifting of the moratorium by the U. S. Department of Justice effective July 26, 2001.
As a result of the research during the period of the suspension, some slight modification to the size and spacing of the domes was adopted along with a reduction in the width of the band of truncated domes.
A recent Federal Highway Administration memo advised local transportation agencies of the expiration of the suspension related to requiring truncated domes noted above. The memorandum noted that state and local governments are required to apply the new design standards when constructing and altering pedestrian facilities. The term “altering” has been defined by the U. S. Department of Justice, Office of the Attorney General, to include any modifications to existing sidewalks (including any type of physical maintenance activity, such as repairing damaged sidewalk panels) and resurfacing of adjacent streets. Thus, while we may not be required to replace ramps without truncated domes until such maintenance activities occur, we must do so as those activities occur. This means that when a street is resurfaced or a repair is effected to a sidewalk, any adjacent ramp must be brought into compliance at the time of the maintenance activity. We believe it would be prudent to begin a planned program of scheduled replacement throughout the Town, to ensure eventual compliance with the pertinent regulations. This type of ongoing replacement program would obviate replacements timed with possibly unscheduled maintenance activities.
We have attached reference materials concerning the detectable warnings, including a memorandum dated May 6, 2002, from the U.S. Department of Transportation, Federal Highway Administration, which cites 4.29 Detectable Warnings from ADA Accessibility Guidelines for Buildings and Facilities (ADAAG).
We believe that, based on all information we have collected to date, existing curb ramps will either need to be retrofitted at the time that alterations are made to adjacent streets, or we need to have a plan in place under which we anticipate retrofits according to prioritized use of available funds for compliance with ADA requirements.
The inclusion of funds in the Town’s annual CIP confirms our commitment to meeting ADA requirements as presently interpreted to include truncated domes. We also believe that this plan satisfies legislative intent.
We estimate that retrofits to all existing curb ramps presently not including the truncated domes will require many years to complete, at our annual funding rate of about $25,000. We will assign top priority to installing curb ramps at those locations not meeting the requirements for such accommodations; retrofitting existing fixtures with truncated domes will come next.
ATTACHMENTS
1) Truncated dome details (p. 4).
2) Detectable warnings plan view detail (p. 5).
3) Memo dated May 6, 2002, from U.S. Department of Transportation (p. 6).