1 This presentation highlights information from the Red Tape and the - - PDF document

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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.

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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.

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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

• n‐going part of City government.

The third approach, used by Atlanta, is unmanaged risk.

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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.

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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

• peration
• 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.

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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.

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Atlanta does not have a management structure for its sidewalk system so sidewalks fall into h k b Ci ’ il the cracks between City government’s many silos. 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.

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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.

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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 i t b t t b illi ifi id lk th Cit d bl passionate about trees may be willing sacrifice sidewalks, the City needs a reasonable 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.

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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.

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Utilities work on sidewalks in the course of installations and repairs. They have a separate

• n‐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.

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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.

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Although the costs of sidewalk repairs in Atlanta have been assigned to abutting property

• wners 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

• verall resources
• verall 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

• wners 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.

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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.

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Sidewalks and sofas are home improvement purchases of similar size. Furniture stores are a whole lot more successful installing sofas in homes than the City is at having property owners purchase lot more successful installing sofas in homes than the City is at having property owners purchase sidewalks. Property owners budget well in advance of most major purchases. The City should give property

• wners time and information to plan.

People don’t make major purchases without shopping. To perceive that they are getting a good value they either need proof from the City or a choice of vendors. Property owners finance most major purchases; they can readily finance the purchase of a sofa Property owners finance most major purchases; they can readily finance the purchase of a sofa. Other cities provide on‐bill funding through property tax systems. These programs effectively address outlier situations such as financial hardship. If the City wants to be successful in holding abutting property owners responsible for the direct costs of sidewalk replacement, then it needs to provide its customers with individual parcel information and instructions on how to handle this responsibility. It should be seamless and simple ‐ red tape free.

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It is common for cities to discourage property owners from using private contractors, both to control quality and to build a book of work for city crews. Atlanta discourages property owner access to private contractors but does not get the a book of work for city crews. Atlanta discourages property owner access to private contractors but does not get the benefit of quality control because property owners are driven to undertake illegal repairs. Atlanta isn’t building a book for city crews – since it has minimal crew capacity for sidewalks. Many contractors will not work on sidewalks in the City, unless the work is permitted as part of a much larger project. Contractors that will, tend to work illegally, because permitting is so burdened with red tape it costs more and takes longer than the entire sidewalk project. For example, the City requires 5 times as much insurance as the State requires contractor’s to hold, as shown in the chart on the slide. The risk that a sidewalk will be installed incorrectly or left incomplete is roughly $1,200. The risk of failing to repair the sidewalk is a lawsuit. The City’s processes increase the City’s risk both from sidewalk system neglect and from illegal work in the right‐of‐way. in the right of way. If the City wanted sidewalks repaired to Code, it could list contractors on‐line who have successfully met sidewalk installation requirements. It could offer standardized adaptable plans. It could have an online process with a fee and a quality control inspection.

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At least 9 Atlanta neighborhoods have undertaken sidewalk programs. The City has been very focused on funding repairs of a list of dangerous sidewalks that are concentrated in high visibility locations. This has not and will not address neighborhood or property owner sidewalk issues, except for those on the City’s priority list. The City’s priority list represents only a small part of the Atlanta’s sidewalk system. Property owners and neighborhoods that are not in the current list have their own sidewalk priorities and need a route to sidewalk improvements. Neighborhood initiatives are currently stymied by the City. That neighborhoods keep asking and that each success raises interest from other neighborhoods indicates that the City has potential allies in its neighborhoods, if it opens a path to neighborhood sidewalk initiatives.

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The sidewalk system will continue to pose very large unmanaged risks to Atlanta unless it is managed comprehensively including: including: Inventory: Atlanta DPW does not know how many miles of sidewalk exist or its condition. Although it has started to collect information through its Complete Streets program, the City doesn’t have enough information to organize repairs and replacements cost effectively. In this area, Atlanta may become a leader. Georgia Tech and Dr. Randy Guensler developed a wheelchair computer tablet combination that will put the sidewalk inventory and ratings on GIS maps on a GIS website. It will be available to the City’ to put on its website for free, a common resource available to citizens and the City’s many silos, IF the City chooses to accept the opportunity. Management: The City’s professionals cannot be successful if they don’t have goals, plans and measures. There are no actionable plans for the sidewalk system, weak prioritization, no commitment to deliverables, no metrics, no timeline. Quality control is an issue due to funding and red tape hurdles in Atlanta. Training and effective inspections are part and parcel of a competently managed sidewalk program. There were 22 sidewalk lawsuits in process early last year and the risk is not just the $3 million the City lost on a single

• lawsuit. Chicago lost a $50 million dollar sidewalk lawsuit recently. Comprehensive management of the sidewalk system

rationalizes risk management, resolves silo inefficiencies, reduces red tape and delivers product that meets specifications.

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There are wicked problems that are so complex they cannot be resolved. Israel vs Palestine. There are intractable controversies that are so emotional they cannot be resolved. Abortion. And there is managing Atlanta’s sidewalk system. Sidewalks are a challenge for which we have the technology. We have broad agreement that sidewalks are desirable. We have a call to action in the form of legal losses that are larger and getter larger And we have the City’s dedication to the delivery of public safety larger and getter larger. And we have the City s dedication to the delivery of public safety and public services of which sidewalks are a significant component. Kicking the can down the road is accepting unmanaged risk. The City of Atlanta, City Council, City Administration and City bureaucracy, can rise to the challenge of comprehensive management of the sidewalk system.

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