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HomeMy WebLinkAboutCOM 0151.000 1996-1998 Y...wy Disability Rights y Hawaii P.O. Box 5575, Hilo, HI 96720 (808) Y35-1571 working together for access 2/3/97 James Arakaki, Chair RECC+.v~ Hawaii County Council l 2<(~ 25 Aupuni Street Tlme 2 7j'- v-------- Hilo, HI 96720 Oate~~Q~nfy{CCouncil ,-TT Deaz Mr. Arakaki, This letter is to request that the Council look into the causes and possible remedies for an ongoing violation of the Americans with Disabilities Act (ADA) by the County of Hawaii. A legislative remedy may be needed. The ADA requires that whenever a roadway is repaved adjacent to a sidewalk, all curb barciers along that sidewalk must be removed. That is, curb cuts must be put in at every comer and crosswalk along the repaved section of road. The rule has been in effect since January 26, 1992. The Third Circuit Court declared that "insufTicient funds" was not a legally acceptable excuse for not removing curb cuts. The Court said that if a municipality had sufficient funds to repave roads, it had sufficient funds to remove curb barriers, even if repavement was delayed by the costs of curb barrier removal. The city of Philadelphia appealed the ruling to the Supreme Court, and the Supreme Court let the ruling stand. The Public Works Department and its contractors presently do not comply with this regulation. Roadways are repaved without removal of curb barriers. Daniel Grant-Johnson (DRH Access Committee Chair) and I met with Donna Kiyosaki and Ben Ishii of Public Works on January 9, 1996. (My letter to Ms. Kiyosaki of Jan. 12 is enclosed, along with meeting notes from Jan. 9.) At that meeting Ms. Kiyosaki reported that inexpensive curb cuts were installed, but that more expensive ones could not be funded because the fuel tax funds are legally restricted to roadway maintenance, and curb cuts are not roadway maintenance. In many cases roadways are repaved with all of the curb barriers remaining in place. Just as examples, Haiti St. was repaved in fall of 1995 and the section of Laimana St. between Waianuenue and Haiti in October of 1996 with no curb barriers removed on either street during the resurfacing. Eighteen curb barriers still exist on just those five blocks. These barriers force some wheelchair users to travel in roadways, and completely block access for others. Haiti Street was repaved in connection with the sewer project, not from fuel tax revenues. I am informed by the State Commission that this does not matter to the curb cut requirement, since the repaving is an "alteration" (ADA language) whatever the reason for it. I do not know whether the contractor was at fault for not putting in the curb cuts, or the County was at fault for not requiring them in the contract. If Federa! funds were used for the sewer project the violation may have been more serious, since Federal grants usually stipulate that ADA requirements be followed in funded projects. lbm~ Dia ' Disability Rights Hawaii is a tax-exempt nonprofit corporation )nk' ~B• Ref. To: P W P G ]keei. Date FFR 1 2 1997 2/3/97, p. 2 Ms. Kiyosaki suggested on 1/9/96 that a separate source of funds be sought far the curb barrier removal. We have discussed the matter in Disability Rights Hawaii meetings, and we do not agree with this approach. The law requires curb cuts and road resurfacing to be linked. Separate funds would make it seem that a lack of funds in the curb cut budget would justify not putting in curb cuts when a roadway was repaved, which is again a violation. We therefore urge that legislation related to the fuel tax funds be amended in order to allow those funds to be used to remove curb barriers along all roads which are being repaved. We also urge that language be written into future road construction contracts to assure that ADA regulations are followed by the contractors. We hope that this will make it possible for Public Works and its contractors to comply with the ADA curb cut requirement in the future. These suggestions may not be the best way to bring the County into compliance with the ADA. Please consider any alternatives. Our goal is not to pass particular pieces of legislation, but to allow the County to come into compliance. The repavement curb cut requirement is independent of the requirement for a Curb Cut Transition Plan, which is now being worked on by a consultant to the Department of Public Works. The Transition Plan will make compliance easier, but does not change the requirement to remove curb barriers whenever a road is repaved. You will probably wish to confirm our understanding of the ADA with Corporation Counsel or the Legislative Auditor. The State Commission on Persons with Disabilities (808- 586-8121) can also provide advice on the law. The following citations may also help: ? Kinney v. Yerusalem (Third Circuit Court decision) ? ADA Title II, Section 35.151 (e) ? ADA Accessibility Guidelines, Section 4.29 Thank you for your consideration. Since ely, ~/f I - ~~~L,. Ron Amundson Disability Rights Hawaii P. O. Box 5575 Hilo, HI 96720 personal phone: 961-3862 enc. Amundson to Kiyosaki, 1/12/96, 2 pages cc: Donna Kiyosaki, Public Works Deparhnent Rudy Legaspi, Acting ADA Officer Charlotte Townsend, Commission on Persons with Disabilities David Rammler, Protection and Advocacy, 1580 Makaloa St. Suite 1060, Honolulu Disability Rights li$waii P.O. Boz 5576, Hilo, HI 98720 (898) 868-6649 working togetherjor access 1/17196 Donna Kiyosaki, Chief Engineer Public Wo11cs Department Country of Hawaii , 25 Aupuni Sheet Hilo, HI 96720 Dear Dolma, Thank you very much for your time and ideas at our Tuesday meeting. Enclosed are: - a set of notes for that meeting - a list of problem sites which are high priority for curb cuts, - a copy of Darnel Grant-Johnson's 12/4/951etter to Mr. Chops, and - reports on the Philadelphia culfi cut lawsuit. If anything in the Meeting Notes is mistaken, please give me a call and Pll comct them. Thanks again for the help. Sin~ly, ~ Ron Amundson, for Disability Rights Hawaii P: O. Box 5575 H7o,HI 96720 personal phone: (808) 961-3862 IHsaMlity R{ghts Rawati is a taz4acempt nonproJtt corporat{on . Meeting Notes DRH Access Committee Representatives and County of Hawaii Public Wotks Dept Representatives, Twesday, January 9, 1996 Present: Donna ICiyosaki, Chief Engineer, County of Hawaii Ben Ishii, Engiixering Divisioq County of Hawaii Daniel Giant Johasoq DRH Access Committee Chair Ron Amundson, DRH Dante Srst brought uP the issue of sidewalk aaxssrbility and improvements to sidewalks in need of repair A cePY of his letter to Mr. Chops detailing needs will be forwarded to Ms. The second topic was curb cuts. Two problems were me~ioned; corners with storm dtsins which wire not receiving curb cuts, and completion of the ADA-requirod Tnursition Plan for curb cute. Ms. ICiyosaki confirmed that the curb cuts now being installed were funded by the fuel tax as a peR of roadway maintenance. Curb crrt locations are chosen by roadways which need resurfacing. (Haiti St was not given Grub cols because the recent resrnfacing was done as pert of the sewer project, not to improve the str+eet.) Comers which require exptnsive coa~trucGion for curb cuts, such as corners with storm drains, are deemed not to qualify as "maintem~e" for purposes of the fuel tax funds, and so do not recxive curb cuts. Curb cuts ingfalled at those kc~tians would require other CIP fiords. With respell to the ADA Self Evaluation and Transition Plan, Ms. ICiyosaki reported that the County had ~ complete inventory of sidetivalks, or even of roads. Since there is ~ inventory there is ao way to prioritize the curb cuts. Current policy is to install curb cuts with road repevements (except for difficult ones like sWrm drains). Given present staffing, she believes that separate finding would be needed to create an inventory which could be used in a Transition Plan. The idea of asking the County Council to change the fi>cl tax law to allow finding of more exten4ive curb cuts was suggested. Ms.1{iyosaki beGcves that separate CIP funds would be a better solution. CDBG fiords are a possrble source which she will look into. Damry and Ron mentioned other curb barriers, besides the storm drain problem, where ungrt curbs block the access along an otherwise socessrble route. The County Building itself was an example. Ms.1{iyosaki asked for a list of locations of these barriers, and of the storm drain barriers which we are aware of. We will forward these to htr. Darnry raised the separaAc issue of a wa~way between Carvalho Park and the Horspital, and an able rorRe between the Hospital Parking Lot and the entrance. Ms. ICiyosaki reported that Public Works was looking into roadway improvements in the hospital area She asked if a paved shoulder rather than a sidewalk would be usable. Danny and Ron agreod that a well-designed paved shoulder would be a big improvement. Public Works will consider putting those improvements into the next CIP budget