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HomeMy WebLinkAbout2016-12-12-COD-min Commission on Disability Minutes December 12, 2016 • Discussion of Minority Report for Ad Hoc Committee as drafted here Purpose of Minority Report This report is being submitted because the Commission on Disability's preferred choice of sidewalk materials is concrete with wire-cut brick on the sides which is cheaper at installation. The majority of the Ad Hoc Committee, however, voted for the entire surface area to be wire-cut square-edge brick. The revised report incorporates information gathered from additional expert presentations made to the Ad Hoc Committee since September 2016 as well as the deep concerns of the Commission on Disability. The disability community has strong reservations about the choice of brick directly related to its characteristics. The Commission urges that the decision about sidewalk materials be based on needs and functionality rather than only appearance and aesthetics. Commission on Disability and Related Sidewalk Standards The charge of the Commission on Disability is "to ensure that people with disabilities are fully integrated into all aspects of the Town and can participate seamlessly and without barriers. The Commission makes recommendations concerning the implementation of the Americans with Disabilities Act (ADA) within the Town. Members review and recommend policies as they affect those with disabilities, and provide information, guidance, and technical assistance." The pertinent regulations for ADA-compliant sidewalks are: Massachusetts Architectural Access Board Guidelines (2006); PROWAG (Public Rights-of-Way Accessibility Guidelines, 2010) from the US Access Board — best practice guidelines; ADA (Department of Justice) 2010 Guidelines. According to these regulations, sidewalks need to be continuous common surfaces, without level changes more than 1/4 inch; sidewalks must be stable and firm; sidewalks need to have a cross slope less than 2%. Many forms of brick as well as other surfaces may be able to be installed to meet the technical requirements of the ADA. However, the ADA's spirit of universal design, civil rights, equality and accessibility is bigger than the regulations. There is also a new ASTM (American Standard Test Measures) which strives to measure surface roughness (discussed further below). Additionally, the 2015 Town Meeting voted unanimously in favor of Article 42, which states: "To provide a welcoming and comfortable experience for individuals of all abilities, the Town will endeavor at all times to use smooth, safe and aesthetically appropriate materials when constructing sidewalks and other passageways on town- owned walkways. Bricks and other small discrete pavers may be used as decorative edge treatments, but shall always be installed to create the smoothest surface possible, ensuring safety for citizens who have trouble traversing uneven surfaces." How Sidewalk Material Choice Affects Disabilities While brick may meet the technical requirements (under very specific circumstances), the Commission on Disability believes it is a surface, except when installed as decorative trim, that is an unnecessary hazard for individuals with disabilities. There are several things to consider. The first is vibration. This has been studied by the University of Pittsburgh. Vibration disturbances are a real and dangerous health hazard. Walkers, wheelchairs, crutches, strollers, shoes and canes can get caught in the seams and then people trip, lose balance or fall. Vibration issues can cause spasticity, pain, loss of balance and disturbances of correct positional seating. However, there are some individuals with disabilities who gain a positive sensation from irregular surfaces. This is a unique and atypical physical reaction to vibration or roughness that is not shared by other disabilities. These disabilities include ALS and Parkinson's. University of Pittsburgh researchers have been working on a way to objectively measure roughness. Their method is based on the international roughness index approach which is used for vehicular pavements. This is known as the "Wheelchair Pathway Roughness Index". Jon Pearlman presented to the Committee that the roughness standard has been approved as ASTM E3028 and that it currently is awaiting approval from the US Architectural Access Board. The focus on the impact of surface continuity on mobility is one area of concern for individuals with disabilities, but there are others. • For individuals with neurological issues, brick causes a dramatic and disorienting experience of sensory overload due to ambiguity of signals related to depth perception. Concrete on the other hand is seen as causing less "neurological noise" and less confusing sensory input. • Individuals with low vision are unable to discern variation in the surface of bricks and there is no bright contrast on brick sidewalks like there is on concrete accented with brick. The high contrast of concrete pathways with brick accents supports all global issues related to wayfinding and spatial problem-solving. • Individuals with macular degeneration need color contrasts as their usable visual field is peripheral only. • There are a host of sensory processing issues beyond low vision issues, including syndromes occurring following TBI; both post-trauma vision syndrome and midline shift syndrome cause significant disequilibrium and balance issues that are further complicated when there is little contrast and the surface is variegated like brick. Sidewalks that are firm, seamless and stable, such as concrete, resist indentation from the forces applied by a walking person's feet and reduce the rolling resistance experienced by a wheelchair. When a pedestrian or wheelchair user crosses a surface that is not firm or stable, energy that would otherwise cause forward motion is displaced which impedes travel unnecessarily. Recent research has looked at the internalized reactions of individuals to brick on pathways of travel. The authors examine the impact of urban sidewalks as being "physical locations of inequality for people with disabilities". Bricks are seen as unwelcoming and bricks emphasize the lack of equality for disabilities (Disability and Qualitative Inquiry. Methods for Rethinking an Ableist World by Ronald J. Berger and Laura S. Lorenz, 2015). At the meetings of the Ad Hoc Committee and the Public Hearing, many senior citizens as well as Commission on Disability members have voiced their concerns about wire-cut brick. Current statistics on adults in the US with disabilities from the CDC are staggering: hearing - 16.8%; vision - 9.1%; mobility - difficulty walking 1/4 mile - 7.1%; physical function difficulty - 15.1%. The percentage of adults over 18 years old and with at least one basic action difficulty or complex activity limitation is 32.4%. For adults aged 65+, this percentage is 60.5%, not a minority. The Commission on Disability urges the Committee to listen to its residents with disabilities. Characteristics of Concrete Since the first minority report in September, there have been several meetings with experts to discuss concrete. In November, the Commission on Disability invited Craig Dauphinais, from the Massachusetts Concrete & Aggregate Producers Association (MaCAPA) to share his expertise on concrete as a sidewalk material. MaCAPA represents concrete and aggregate producers and other ready mix suppliers, and their role is related to outreach and education. He summarized the advantages of concrete as being its versatility, durability, and competitive cost. He said proper installation is crucial — if installed correctly the life span can be 40-50 years with little to no maintenance. He noted that when installing concrete one should place the seams at the points where cracking is expected to happen to avoid maintenance. A second presentation made by Mehdi Zarghamee, Engineer from SGH, also emphasized the functionality and durability of concrete. He stated that design life depends on proper installation, how well compacted the subgrade is and the design of the concrete mix. ASTM standards for concrete also emphasize the crucial importance of careful installation. The key factor in sidewalk longevity is the quality of construction. Even a concrete sidewalk can fail after several years if poor materials are used and good design and construction practices are ignored. A common criticism of concrete is the misconception that it is not salt-resistant in colder climates. This is no longer the case as the technology has evolved sufficiently to improve concrete's reaction to salt. Traditional salts (not magnesium chloride) are less damaging to the surface than they used to be. There are salt-resistant concrete mixes as well as additives that enable concrete to be salted. Some of these additives are non- hazardous, environmentally safe penetrating chemical treatments that: increase durability; eliminate trip hazards (flaking, chipping, popping, pitting, dusting, or spalling); reduce maintenance and repair needs after being applied once. Another concern was raised that concrete sidewalks with brick trim could not be done due to the difficulty placing dissimilar materials side-by-side. The experts said that was unfounded, provided the base was designed properly to avoid differential settlement. Setting/Installation of Concrete The National Research Council of Canada's Institute for Research in Construction emphasizes that: "proper compaction and preparation of the subgrade beneath the concrete sidewalk is essential. The uniformity of the compaction is just as important as the degree of compaction. Uniform compaction diminishes differential settlement of the concrete sidewalk and reduces the chance of crack development." They say that there should be a granular subbase layer between the compacted subgrade and the concrete. They also advise: "To minimize cracking, control joints should be cut into the slab at spacings of about 4 feet transversely across the length of the sidewalk". This is recommended to be done with a saw blade at a depth of/4 inch. Other installation and setting have been researched, such as reinforcing concrete with bars when the sidewalk is placed over excavations such as tree roots or sewer laterals, to prevent settling or cracking of the sidewalk. Lexington DPW professionals agreed with the specifications described in the presentations made by the experts in concrete. Maintenance of Concrete In terms of maintenance people often think that concrete is more difficult to maintain than brick. Again, this seems to depend on proper installation, which can influence the longevity of the concrete, as well as how quickly repairs are made. There are several maintenance methods: saw cutting (advantage is precision and quality); grinding; patching and ramping; removing and replacing concrete slabs. A report entitled "How to Reduce Sidewalk Trip Hazards on Tight Budgets: Managing ADA Compliance, Risk, and Budget, by Gary Beneduci (2010) provides the following advice about maintenance: "When trip hazards range between a quarter inch and two and half inches, saw cutting is the most effective method to remove trip hazards...Complies with ADA standards for removal and slopes. Meets OSHA recommended standards for slip resistance. Appears clean and neat. Cuts precisely removing trip hazards in difficult-to-reach places. Removes hazards quickly. Stretches budgets...costs about 10 times less than removal and replacement...In summary, with trip hazards 2 '/2 inches or less, saw cutting stretches budgets, by lengthening the life of concrete sidewalks that might otherwise be replaced". Both concrete presentations agreed that maintenance is a non-issue if proper installation is done. This includes choosing the right cement mix, air entrainment, reinforcement and appropriate finishing. Concrete as a Material Choice Another important decision related to material choice is cost. Concrete is considerably more cost-effective than brick. The costs of installation appear to be roughly $250 per square yard for brick and $70 per square yard for concrete. Since the Streetscape project involves approximately 61,300 square feet (6,811 square yards) of sidewalks, this cost comparison is crucial. Lexington is facing difficult budgetary decisions currently and project decisions should reflect an understanding of the fiscal restraints. In January 2016, the DPW prepared a report for the Selectmen based on the Beta 25% design plans that stated that if cement was used without brick the cost savings would be $700,000. The report also stated that if the south side sidewalks were replaced with cement the cost would be $15,540 as compared with $55,500 for brick. The Commission on Disability has reviewed and researched sidewalk materials for over ten years due to its diligent concern about safe travel for all. The reasons that concrete is their material of choice include: • the fewer seams in the sidewalk the better— segmented pavers like bricks present too many edges or seams; • the contrast issues for people with visual issues are better with concrete than brick since concrete is brighter, and, if placed with brick as decorative edges, this contrast attribute is further enhanced; • the flat surface of concrete is easier to manage than bricks for those with neurological, disequilibrium and balance issues; • if installed properly (reinforced, air entrained), concrete is stronger, more rigid, more versatile, more durable and more predictable; • concrete is rigid whereas bricks are not— bricks shift and push against each other, with more surface irregularities overtime, and more vibration/roughness; • new technology in the concrete industry have made concrete more resistant to freeze/thaw cycles than bricks —when bricks heave, dozens of joints or seams become obstacles; • snow removal is easier and more effective on concrete since bricks have so many seams — easier snow removal reduces icing and trip hazards in winter; • concrete can be more salt-resistant than bricks; • installed correctly, concrete has very low maintenance; • concrete is lower in cost to install by about 72%. Aesthetics vs Function Due to the many and varied effects of multiple types of disabilities it can be very difficult to balance the desire for aesthetics with functionality. The Commission on Disability believes that concrete with brick edges is already a reasonable compromise position. Even if the unevenness of wire-cut brick sidewalks could be overcome (as promised), brick is still a problem for those with neurological, sensory or visual issues. The Commission on Disability stresses that the Committee and the Board of Selectmen be aware that safety and functionality are important, and should always come before aesthetics. Another issue to remember is that if there are problems with roughness, unevenness, or even cross slope on the newly recommended wire-cut brick sidewalks, the people most affected will be those with disabilities, not the ones who wanted that choice of material. It is puzzling why the expressed needs of individuals with disabilities are frequently dismissed as being anecdotal and not objective whereas the subjective desires and preferences of those preferring brick are accepted as being more important. The choice of sidewalk material should be based on real life concerns and health needs rather than personal preferences and likes. People with disabilities are protected by the ADA and other regulations to have safe, smooth access to the Center. There appears to be consensus on this point, but the larger issue relates to the choice of materials. The Commission has tried to detail the many reasons why individuals with disabilities have problems with brick as the primary material, such as mobility issues, visual problems and neurological/sensory overload. Individuals with disabilities historically have not had a voice in the community decision-making process. It is the Commission's hope that the current decision-making process will reflect their input with the understanding that a decision to endorse an all brick solution is one that chooses an historical aesthetic that did not integrate the voices of all its constituents, as at the time in history, individuals with disabilities were largely unseen and never heard. Summary of Recommendations of the Revised Minority Report The recommendations from this revised minority report are as follows: • Lexington Center sidewalk materials should be concrete with brick edges in accordance with Article 42 and the needs of the disabled community. All taxpayers deserve to be able to traverse safely in their town. • Lexington should contract with PathVu (business based on the research of Jon Pearlman) to assess relative sidewalk surface roughness according to ASTM E3028. Study should include current conditions in Lexington as well as other sites where proposed materials have been installed. • Since concrete is 78% cheaper at installation, more complete information and comparisons of full life cycle costs should be completed with full awareness of the budgetary issues of the Town. Victoria Buckley 12/03/2016