Hi, I'm still waiting (since 2010) for this issue to be addressed. The City of Quincy was required by law to install a curb cut and instead left a 90 degree angle corner that is already chipping away.

TIA

Mary,
Can you please provide the ADA provision citing this? I have reviewed my notes on the ADA, and I have not been able to find the specific provision.
Chris

Chris,

This is a link to the rule that whenever a sidewalk is altered it must install curb ramps. I have the before and after photos of this section of sidewalk that clearly indicate this sidewalk was not made ADA compliant as required by this federal law.

http://www.ada.gov/smtown.htm#anchor26838

<< Whenever a town constructs a new road and sidewalk or alters existing roads and sidewalks, it must install curb ramps. >>

I look forward to a response.

Mary,
Thank you for providing this citation.

Our engineering office has reviewed this issue at length. They informed me that this project was part of a FEMA funded drainage improvement effort. The area in question did not have a handicap ramp installed (they verified this with pre-construction photos). The contractor who performed the work was required to restore the sidewalk area to its original condition, which they did (this is allowed under the ADA).

Having said that, as we move forward, funding for full scale road reconstruction may become available, and in that scenario we would then be able to make the type of repair you have requested.

Sincerely,
Chris Cassani

Thanks for the response, would you please provide me the actual language where this is allowed under the ADA?

Everything I've read indicates no excuses to ignore this law.

Hi Mary,
The link you provided provides that a City or town must intall curb ramps for new construction or for a situation where a road/sidewalk is altered. In this case, the roadway itself was not altered nor is it a new roadway. The City determined that restoring the road/sidewalk to its original condition was an appropriate course of action based on the ADA.

The sidewalk was indeed altered. There was never a 90 degree angle corner, there was a crumbling/failing rounded corner. In the mind of most folks, that is considered an alteration ... and not for the better.

And citizens and registered voters are left to scratch their heads as to how government agencies spin their stories and excuses.

I also wonder if this street were located in a more visible section of Quincy if it would have been made ADA compliant back in 2010.

Hi Chris

I'm still waiting for a response, the sidewalk in question was in fact altered.

Also, please let me know the precise section of the ADA that the city used as justificaiton for not installing the ramp.

TIA

Mary,

Part II Section D indicates that curb ramps must be installed for new construction or for areas that were altered. As I've indicated, the City performed maintenance work in this area, and the contractor performing the work was required to return it to its original state, which was done.

As I informed you in an earlier post, full-scale reconstruction will be considered for this project should funding become available for it. In that scenario, new curbs with ramps would be installed.

I am not going to address your other comments in this space, as this type of commentary is unhelpful.

Sincerely,
Chris Cassani

Hi Chris,

Thank you for your response, but I'm still trying to get an answer to my question. I see a sidewalk that has been altered, it now has a corner with a 90 degree angle, which it previously did not have. That is not maintenance work, that was an alteration. I'm attaching a "before" picture of the sidewalk.

I am asking again for the section of the ADA that said that the City didn't have to obey the law. Where are the definitions of "maintenance" and "altered" in the ADA?

TIA
Mary

Hi Chris

As a comparison, during the same time period, the City of Quincy also did repair work at the corner of Woodbine St./Cushing St. I've attached before and after images of this corner.

As you can see in the before image, this corner had an existing curb ramp. Then if you look at the after photo, you will see that a second curb ramp was installed side-by-side with the existing curb ramp. Why does this street corner need two curb ramps and the Weston Ave/Linden St corner got a 90 degree corner?

How is this considered maintenance work?

Mary

Can we send the flyer to the mayor?

I've written to the mayor several times, no satisfactory answer. According to the "where does this report go", the mayor's office gets an email notification.

It would be nice if an answer to my question was provided. Where is the exception language in the ADA that allowed the city to avoid installing the curb ramp at the corner of Weston Ave/Linden St. And while they are providing that information, perhaps they can explain why an additional curb ramp was installed at the corner of Woodbine St./Cushing St. next to the existing curb ramp that was not altered during the same construction period?

Chris, can you please provide this information?

Good morning Mary,

The City engineer was asked to provide a report on this project based on your concerns. It indicated that this project was part of a FEMA funded drainage improvement effort. The area in question did not have a handicap ramp installed (they verified this with pre-construction photos). The contractor who performed the work was required to restore the sidewalk area to its original condition, which they did (doing so is allowed under the ADA, as I've indicated in the past).

The image you provided of Woodbine and Cushing indicates that a grass berm in poor condition was paved over without installing a new granite curb (if you look at the image, it is clear no granite curb was installed before the project began).

At this point, I think it is clear that you will disagree with the City on this problem. As I've indicated in the past, should funds become available for full-scale reconstruction , we will then be able to re-visit the issue.

Sincerely,
Chris Cassani

Hi Chris,

All I am asking for the exact wording in the ADA and FEMA rules that the city based their decision to not install the curb ramp when they altered (and they most certainly did alter the sidewalk) at Weston/Linden when they had no problem adding a second curb ramp (more like a ramp and a half) at the corner of Woodbine/Cushing.

Here are the links to FEMA and ADA websites.
http://www.fema.gov/
http://www.ada.gov//

Please provide me with the links to the specific pages of these two websites that contain the information that the city used to base their decision.

No one wants to provide me with this information.

I really don’t think this is asking too much from somebody who is paying your salary, now is it?

Mary

Chris - I would like to make it clear that Mary is not alone in her disagreement with the city on this matter. I also feel that the City of Quincy has not done a proper job of providing support for their belief that a curb ramp was not required.

May I remind you that this ramp serves a building of over 100 units. Our existing handicap parking remains mostly unused, as there is no ramp. Individuals are dependent on the only 2 handicap street spots.

Thank You,
Amy Fritz

Mary and Amy,
Just checking in to let you know that I've read both posts. I'm still looking into the issue, and I'll be in touch with any new information.
Chris

I also live at 10 Weston Avenue and would like to affirm the need for a handicap ramp at the corner of Weston and Linden St. Surely, a building of over 100 units has enough handicapped and elderly residents to warrant a handicap ramp at the corner. If there is a compelling reason NOT to have the ramp, I'm with Mary L. in that we should see the exact wording that excuses the City. Why the blanket of secrecy?

Also, I'm certainly not a curb expert, but wouldn't a curb ramp be less apt to crumble over time than a 90 degree one? I'm just guessing...

Thanks,
Another Mary

Hi Chris,

Have you been able to make any progress getting the exact language from FEMA and the ADA that the city used to exempt itself from abiding with the ADA law? I've been contacting the city periodically over the last couple of years to get this information. If such information does exist shouldn't it be readily available?

JMHOYMMV

TIA
Mary

Mary, Mary and Amy,
I'm going to be looking into possible ways that the City can perform the type of work you are looking for. I don't have any firm information yet. As I indicated in my last post, I will keep you all up to speed as soon as I have any more information.
Chris

Hi Chris,

It's been awhile since you posted (two months) and now that summer is fast approaching I wanted to know if you were able to find the funding to correct the improperly modified sidewalk.

If that isn't an option, then please provide the exact language of the laws the city used to exempt itself from installing the sidewalk ramp.

I would appreciate a response.

Thanks,
Mary

Mary,
The City is currently awaiting approval of the State budget for Chapter 90 road reconstruction funds before we begin any reconstruction projects. We believe that we will be able to use some of this funding to install ramps at Weston and Linden. I will keep you posted as I hear any more information. My response is contingent upon hearing final word from the State on those Chatper 90 monies.
Chris

My understanding is that the Chapter 90 funds were recently released. I assume the city will be updating status soon.

Hi Chris,

I look forward to your response regarding the curb ramp installation.

Thanks,
Mary

Mary, I sympathize with you on this one, the issue has been open for far too long and it seems the City has given up responding to it.

Installation of a ramp at this location will occur this roadwork repair season. My best estimate is that the work will be done in late September/early October. We are in the midst of a number of roadwork and sidewalk repair projects at present, and that work will continue apace into the fall.

Hi Chris,

Now that we have arrived at early October would you please provide us with a status update on the ramp installation?

Thanks,
Mary

The engineering office is targeting this project for the end of this month/beginning of November. They will be performing work on Chester Street and will be including this sidewalk as part of that project.

Hi Chris

We've just past the "beginning of November" do you have a more definite date of repair that is more than two years overdue?

Thanks,
Mary

I recently received a promotional email from See Click Fix where they showcased three different issues from different parts of the country. I nominate this issue for the next such email, to highlight how sometimes City Hall can all but ignore an issue.

Update - work slated for demolition of existing portion of sidewalk and reconstruction by the end of November.

Sorry but I'm a stickler for avoiding the use of ambiguous language - what does "slated" mean? Does this mean it definitely will happen? Likely to happen? May not happen? How does the addition of possible freezing temps affect this work? I'm sure you can understand with the delays we have been subject to why I am pressing for a clear answer. Thank you.

This work is a 100% go for construction. The city is at the tail end of construction of more than 400 sidewalk requests, and this location will be completed with the target completion date November 30.

This work is a 100% go for construction. The city is at the tail end of construction of more than 400 sidewalk requests, and this location will be completed with the target completion date November 30.

This is classis discrimination. No contractor should be naiive to accessability issues in basic construction. I'm left deeply concerned that this issue has required so much effort, and BS dialogue from the city of Quincy. This is why the ADA was passed in the first place, over 20 years ago, to prevent such stonewalling. Cut the crap, and fix it, and don't use contractors who don't know the basics. Make it easier on everybody next time, just do the right thing first. If you screw up, just fix it!

Hi All,

I am happy to report that construction on the curb ramp has started and will hopefully be completed very soon. I want to thank Chris for being the FIRST AND ONLY City employee who was willing to work with me. I began this journey 2 ½ years ago when the curb ramp was not installed as per the ADA law. I was brushed off by then DPW Commish Larry Prendeville. His attitude during the phone call was completely dismissive and insulting. His answer was simple, “No.”

I then reached out to the current DPW Commish Raymondi. Who apparently “stopped by” to take a look at the sidewalk and left me his business card. Funny, that he never told me he would be stopping by, I guess he didn’t want to take the chance that I would be there to talk to him.

I contacted the Mayor’s office several times where the brush off continued.

I’m thrilled to know that my neighbor who uses a walker and waits patiently for his ride each morning to the adult day care program is still alive to be able to use the curb ramp to board the van. Hooray!

I will circle back and post a picture once the construction is complete.

Thanks also to my neighbors and others who feel as I do that ADA laws are to be followed. You never know when one day you will find that you need the help too.

And most of all thanks to the power of SeeClickFix!!! I am a believer!

Mary

Great job Mary for being so persistant. People like you make the world a better place. You were amazing!

I would like to add that although Mary L was persistent she was also polite through out the entire process.

Great job Mary, next time just go to the Patriot Ledger and expose the city for not complying with the law. Over two years is two years too many !

Mary, After reading your post I am embarrassed to be a Civil Engineer. My understanding of the ADA law is similar to yours. I can't believe Quincy didn't at the very least, ramp this curb for you as soon as they started talking to you.

Happy New Year, I was waiting for the work on the installation to be complete before I posted the After photos, but I think DPW forgot about us again. As you can see they also forgot their orange safety cones which had to be removed in order to keep the area clear of snow, they also left the yellow caution tape which had to be taken down as well. Hopefully the City will be able to complete the work, it looks like it just needs some asphalt put down over the gravel to complete the job. Maybe as they go around fixing potholes (like the ones at the intersection of Linden and Berlin Streets they can put down some asphalt at the curb ramps. We are so close!

PS, DPW also added a curb ramp across the street from the one I was requesting.

The cones have been removed, and DPW will be laying down asphalt where the ramps meet the street as soon as possible.