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ADA Compliance:Self-evaluations and

Transition Plans

APA Minnesota State ConferenceSeptember 28, 2011

Hennepin County’s Experience

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Hennepin County

• Population: 1.15 mil.

• Urban metro area– Minneapolis– First ring suburbs

• Suburbs– Second ring

suburbs

• Rural– Beyond suburbsDiversity in its people, population density, land use,

and infrastructure

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Hennepin CountyTransportation Department

• Roadways– 573 centerline miles– 1,679 lane-miles– > 2 billion vehicle-miles-

traveled

• 775 Traffic Signals

• 908 Bicycle System Miles -planned

• 543 Bicycle System Miles -built

• Sidewalks– 226 miles of county roads have

sidewalk

• 11,000 Curb Ramps

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Presentation Overview

• Hennepin County – a little context

• History - Transition Plans, county compliance

• Hennepin County Steps to Compliance

• Complete Streets

• Costs

• Takeaways

• Why is this important to planners?

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It’s 2011 – Where are the Transition Plans?

• Transition Plans Due ~1992

• Then– Design guidance and standards unavailable or

incomplete for public rights of Way

• Now– More technical guidance, expectations of

accessibility, and guidelines for enforcement

– Public expectation of greater accessibility

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A Brief History of Hennepin County’s ADA Compliance

• Transition Plan (buildings and grounds) – 1990s

• 1993 and 1997 Pedestrian Curb Ramp Projects

• Capital Projects (1990’s to today) Follow ADA

• 2009 – Present– Self-evaluation and Transition Plan for its public

rights of way

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Complaint to FHWA - 1

• Grievance filed with FHWA against MnDOT and local agencies alleging violations of ADA.

• 2009 - Discussions between the FHWA, MnDOT, and local agencies to resolve and respond to grievance

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Complaint to FHWA - 2

• Hennepin County’s 1990s ADA Transition Plan was silent or incomplete in the area of the county’s public rights of way

• Because of this, in late 2009, Hennepin County Transportation begins an effort to formalize its ADA compliance efforts for its public rights of way.

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Hennepin’s Steps to Compliance

• Self-evaluation

• Transition Plan

• Education

• Infrastructure

• Engagement

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Self-evaluation…to perform a self-evaluation of its current policies, practices, and programs.

This self-evaluation will identify what policies and practices impact accessibility…

…the self-evaluation will examine the condition of the county’s built PCR/PAR environment and identify any needs for PCR/PAR infrastructure...

These are requirements of 28 CFR 35.105

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Self-evaluation

Pedestrian Curb Ramps Sidewalks

Traffic Signals and APS

Pol

icie

s &

Pra

ctic

es

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Self-evaluation

• Overview for Field Work– Student workers to collect data

• Curb ramps, sidewalks, traffic signals

– Handheld data collection device (e.g. Trimble Juno SB)

– Data evaluated by comparing to ADA standards

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Self-evaluation - Pedestrian Curb Ramps - 1

• Data Collected– Pedestrian activity– Ramp type (diagonal, perpendicular, parallel, others)– Location (corner, median, mid-block, pork chop, etc.)– Detectable warning (present, condition)

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Self-evaluation - Pedestrian Curb Ramps - 2

• Data Collected– Ramp width– Running slope– Cross-slope– Landing (4’X4’, slope, gutter condition, gutter slopes)– Photograph– Condition rating

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Self-evaluation - Sidewalks

• Data Collected– Pedestrian activity– Sidewalk width– Sidewalk running

slope– Sidewalk cross-

slope– Photograph– Condition rating

Cross-slope?

Curb return extends into pedestrian way

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Self-evaluation - Traffic Signals/APS• Data Collected

– Pedestrian activity– APS

• Present or not

– Pedestrian signal head

• present, type

– Pedestrian phase• automatic, activated

– Push button location• signal pole, ped. station

– Crosswalk type• marked, unmarked

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Complete Streets Inventory - 1

• A “high-level” inventory to answer the question, “what currently exists on our county roads?”– number of vehicle lanes– sidewalks– bike lanes– on street parking– signed bike routes– trails, multiuse trails– transit stops

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Complete Streets Inventory - 2

• Why Mention in ADA Presentation– ADA and Complete Streets complement

the other

– Information gathered in CS inventory proved valuable when reporting to policy makers and elected officials on need for and scope of County ADA responsibilities

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Complete Streets Inventory - 3

Summary of ped. ramps for county roads 1 – 34(~ ½ of system)

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Self-evaluation - Policies & Practices

• Review Policies & Practices– Department staff will review– How do they impact accessibility?

favorable /unfavorable• Policy Examples

– Complete Streets Policy– Cost Participation Policy– Recommended Urban

Landscape/Streetscape Guidelines

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Hennepin’s Steps to Compliance

• Self-evaluation

• Transition Plan

• Education

• Infrastructure

• Engagement

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Transition Plan - 1

Hennepin County Transportation is developing a Transition Plan According to

28 CFR 35.150(d)

Draft Interim Transition Plan

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Transition Plan - 2

For Hennepin County, the Transition Plan will:

1) propose changes to those policies and practices…if any, that may limit accessibility and the full participation of individuals with disabilities, that were identified in the department’s self-evaluation…,

2) list any physical barriers to accessibility… that were identified in the department’s self-evaluation of its services,

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Continued: For Hennepin County, the Transition Plan will:

3) set out a plan which will describe in detail how the department will make the county’s services accessible and allow the opportunity for the full participation of individuals with disabilities, and

4) lay out a schedule for the implementation of any needed changes as identified in the department’s self-evaluation.

This is a requirement of 28 CFR 35.150(d)

Transition Plan - 3

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Self-Evaluation & Transition Plan

Process Required by Law Hennepin County Approach

-Emphasis on outreach to individuals with disabilities

- Allow the public to participate by commenting at each step

-Invite public to open house

- Opportunity for public review and comment

- Include an emphasis on outreach to individuals with disabilities

Self-evaluatio

n

Transition Plan

Interim Transition

Plan

Self-evaluatio

n

Final Transition

Plan

2010 - 2011

Begin in 2011expected after 2012

Complete Streets

Inventory

2010

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Estimated Costs – Self-evaluation

• Cost of developing Self-evaluation work plan is paid by existing payroll budget for Transportation Department staff

• Only cost above existing budget will be for data collection work in the field

Costs For Notes

$64,000 - $96,000

Annual labor cost for initial data collection

Anticipate using 2-3 teams consisting of 2 interns each ($16,000/intern/season)

$1,200(one time cost)

Trimble Juno SB, GPS camera, smart level

Equipment per team

$5,000(one time cost)

Pathfinder SDK and Pathfinder Office

Software for data collection and use

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Estimated Costs – Transition Plan

• Cost of writing Transition Plan– included in existing payroll budget for

Transportation Department staff

• Using department staff to write plan

• Internal review and comment process

• Public review and comment

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Hennepin’s Steps to Compliance

• Self-evaluation

• Transition Plan

• Education

• Infrastructure

• Engagement

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•Pedestrian Facility Design•ADA Transition Plans•Accessible Pedestrian Signals•Temporary Pedestrian Access Routes•ADA-Compliant Pedestrian Curb Ramps

Education - Technical

28 CFR 35.151(a) - …shall be designed and constructed…

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Education - Technical

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Education – Diversity

• Diversity– Disabilities and

different abilities

• Responding to the Public– Provide context– ListenPeople understand that you cannot

always give them what they want, but they always want you to listen.

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Hennepin’s Steps to Compliance

• Self-evaluation

• Transition Plan

• Education

• Infrastructure

• Engagement

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Provide Infrastructure - 1

• Capital Projects– All capital project are

designed using current ADA standards, guidance, and best practices

• Annual Funding Dedicated to ADA Infrastructure– For 2012-2016

(requested)

• $200,000 - Sidewalks• $600,000 – Ped. Ramps

our capital program for2011 - $56.6 million

2012-2015 - $184.4 million

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Provide Infrastructure - 2

• 2011 Pedestrian Curb Ramp Projects– One-time funding of

federal dollars– Replace ~342 ped.

ramps in Minneapolis

• Reasonable Accommodations After a Request– APS– Repair of pedestrian

curb ramps

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Hennepin’s Steps to Compliance

• Self-evaluation

• Transition Plan

• Education

• Infrastructure

• Engagement

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Engagement – Open Houses

• 4 Open Houses in Early 2011

– Effort to invite individuals with disabilities

– Engage public on ADA issues

– Encouraged public to participate by commenting on Transition Plan

– ~50 attendees from public, disability groups, other agencies, etc

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Engagement – Grievance Procedure

• Grievance Procedure– 28 CFR 35.107(b)– Formal process for public to seek

prompt and equitable resolution of accessibility complaint, concern, comment, or other grievance

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Engagement – Grievance Procedure

• Open Door Policy– public can contact department staff at

anytime to informally discuss an ADA or accessibility issues

– Public does not always need to file a formal grievance to seek action or resolution of an issue

– Public may still file a grievance at anytime

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Engagement

• Human Resources

• Policy Makers

• Assistant County Attorney

• County Administration

• Hennepin County Board

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Why Important to Planners?

• Contact with public

• Interactions with others:

– Elected officials

– Administration/policy makers

– Engineers

• Infrastructure built with development

• Writing code/policy

• Understand the “Big Picture”

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Why Provide Accessibility?

• If you manage the public rights of way:

– It’s the law under ADA

– Benefits for the public

– Benefits for individuals with disabilities (different abilities)

– It’s the right thing to do

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Resource Documents

• 28 CFR 35

• The ADA Title II Technical Assistance Manual

• Public Rights of Way Accessibility Guidelines (PROWAG)

• Minnesota Department of Transportation’s ADA Transition Plan

• Clarification on FHWA’s Oversight Role in Accessibility

• Questions and Answers About ADA/Section 504

• A Guide to Disability Rights Laws

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Questions

Contact:

Peter M Lemke, P.E.Senior Transportation Engineer Hennepin County Transportation Department1600 Prairie Drive | Medina, MN 55340 Office 612 596 0394 | Blackberry 612 990 0654 pete.lemke@co.hennepin.mn.us