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This presentation highlights information from the Red Tape and the Neighborhoods Sidewalk sub ‐ committees. I want to start by thanking the City’s employees for their help and recognize that in the present structure, they cannot deliver the sidewalk work they know needs to be done. 2
This sub committee was tasked with looking into Red Tape in Atlanta’s sidewalk program. Atlanta’s red tape is because sidewalks are not managed comprehensively as a citywide system. 3
We looked at sidewalk information from some 20 cities; they all use one of 3 approaches. The first approach is to manage sidewalks as a pure public good; the city is responsible for repairs and liability. Funding is with property taxes, grants, and fees; this approach skews the cost toward owners of more expensive properties In the second approach property owners are responsible for sidewalk repairs and liability. Funding sources are the same with the addition of property owner assessments. Most of the cost is distributed in accordance with the overall property tax but the assessments the cost is distributed in accordance with the overall property tax, but the assessments distribute more of the cost to property owners with sidewalks. All these cities inventory, inspect, plan, and prioritize as a sidewalk system managed as an on ‐ going part of City government. The third approach, used by Atlanta, is unmanaged risk. 4
Unmanaged risk features poor management of the overall system, extreme risk of liability and negligence lawsuit loses and a kick the can down the road political strategy. Unfortunately for this administration, the can is now so rusted that kicking it down the road would be a breach of fiduciary responsibility for tax funds and gross negligence in terms of public safety. 5
Sidewalks are of a piece with the entire right of way: • the sidewalk itself is currently the responsibility of the property owner but can only be addressed by DPW • the plot between the sidewalk and street, which the property owner, Trees Atlanta and the City are permitted to plant but after planting tree decisions are the responsibility of Parks • the curb which protects the sidewalk from erosion and is handled by DPW’s roads the curb which protects the sidewalk from erosion and is handled by DPW s roads operation • retaining walls which are the property owner’s responsibility but are sometimes addressed by DPW • trees on the property which are the responsibility of the property owner but are controlled by the Bureau of Planning permits arborist Delivering a lasting repair or replacement of a sidewalk requires addressing all the components. Unfortunately, no one has control of all aspects. A good sidewalk in the picture is about to fail because of erosion from deteriorated curbs. 6
The green bar is the cost of replacement sidewalk at around $3.90 per square foot; this is comparable to costs around the country and is the rate Atlanta charges property owners. Some other costs associated with sidewalks are listed on this slide. The blue bars include the half to two ‐ thirds of costs covered from City property ‐ tax collections above the amount the abutting property owner pays. The City is not applying sufficient funding to sidewalks to pay its share of the work once it The City is not applying sufficient funding to sidewalks to pay its share of the work once it collects from the abutting property owner so owners send checks and get no response for months or longer. Working on a large number of sidewalks that are close together is less expensive per sidewalk than mobilizing an entire crew for a single sidewalk, represented by the difference between the two blue bars. In a comprehensive sidewalk program, projects are bundled. Because Atlanta does not have a comprehensive sidewalk program it incurs extra costs. 7
Atlanta does not have a management structure for its sidewalk system so sidewalks fall into the cracks between City government’s many silos. h k b Ci ’ il DPW Office of Transportation and Parks Recreation and Cultural Affairs each have some responsibility. Other departments involved include: Watershed Facilities Planning Building Permits, Zoning, Arborist Legal Legal Finance Procurement In addition, MARTA, Atlanta Public Schools, AHA and utilities are involved. These many departments often act at cross purposes. Every silo and constraint were put in place for a reason. Collectively, they are crippling. This cannot be fixed with only a bond issue. It requires putting systematic management in place for the sidewalk system. for the sidewalk system. 8
DPW’s sidewalk team has limited authority and low priority for access to crews and other resources. It has one and a half full time equivalent staff for some 2200 miles of sidewalk and cannot keep up with existing demands. It does not have the resources or authority to develop a program to manage the overall sidewalk system. 9
Parks mission is to retain and enhance Atlanta’s tree canopy. This precludes removing healthy trees unless recompense is paid; this process is slow and diverts department time. Neither DPW nor contract crews are well trained in tree care so Parks’ mission is compromised by crew performance. When trees are damaged, the City incurs expense for tree removal. Silo’d tree inspections and funding negotiations waste money and time. While those passionate about sidewalks may be willing to demolish the tree canopy, and those passionate about trees may be willing sacrifice sidewalks, the City needs a reasonable i t b t t b illi ifi id lk th Cit d bl accommodation between these competing interests. Without a reasonable accommodation, the City’s various interests cannot move forward effectively with sidewalk management. There are tools and alternatives that could provide a basis for an effective policy between tree and sidewalk proponents. These include use of new sidewalk materials now being tested by the City, design protocols and more deliberate management of planted areas in light of the City’s new water retention policy and quality control so trees are not damaged inadvertently and so City arborists do retention policy and quality control so trees are not damaged inadvertently and so City arborists do their jobs effectively and in accordance with the City’s policy. 10
Improperly installed meter boxes and subsiding sewer lines both cause sidewalks to collapse and compromise ADA access. Quality control over Watershed work needs to be part of a solution to manage the sidewalk system. 11
Utilities work on sidewalks in the course of installations and repairs. They have a separate on ‐ line permitting process. Inspections of utility work are not adequate to hold utilities to City and ADA standards in all cases. The City absorbs the costs and risks of utility violations. 12
Ancillary departments are fully embedded in the silo situation and the red tape. Procurement handles contracts for outsourcing sidewalk repairs and the contracts have expired. The mayor, members of Council, Public Works chief, and some staff in procurement and finance are new since this contract was written. No one should feel reluctance to start fresh and get clean and efficient contracts. Atlanta, with its silos and constraints, proffers more challenges than it could and contractors price accordingly. If Atlanta had an effectively managed sidewalk system, Procurement would be in a better position to negotiate a favorable contract. position to negotiate a favorable contract Property owners charged with maintaining their own sidewalks run a gauntlet set up by Building permits and Legal. The City has other internal gauntlets including duplicative City Council review and project funding procedures. In the absence of a managed sidewalk system, each department controls the issues it sees. Collectively these controls add to the challenge of sidewalk management and make the City less safe. 13
Although the costs of sidewalk repairs in Atlanta have been assigned to abutting property owners for decades, this is not widely recognized and not consistently administered. APS still holds that they are not responsible. Parks only recently accepted responsibility. Property owners are confused. Every public department that has facilities faces the same frustrations, inefficiencies and costs of navigating the sidewalk process as private property owners, diluting the City’s overall resources overall resources. Last fall the City gifted some property owners and charged others, on the same block in the same month. Because the City is inconsistent with regard to Section 138 ‐ 14, property owners are incented not to care for their sidewalks and those who pay justifiably feel that they are being treated inequitably. To manage the sidewalk system effectively, and to get within the bounds of the law, the City has a responsibility to be consistent about the implementation of its policies. 14
This is the entire instruction to property owners about sidewalks on Atlanta’s website. And no phone number or email access appears on the page. Property owners and people reporting sidewalk issues through PEDS or to the City cannot: Learn that they are responsible or what they are responsible for. Learn how to get their sidewalk repaired through the City. Get an estimate of sidewalk repair or replacement costs. Get an inspection or any advice about their sidewalk curb or ROW Get an inspection or any advice about their sidewalk, curb or ROW. Pay for a sidewalk repair. Schedule a sidewalk repair. Get timing or wait times. Find out how to contract sidewalk work to a private contractor. Obtain specifications. Find experienced qualified contractors. 15
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