Wednesday, February 29, 2012

Point-by-point; Point 4

4. DPS and other departments that issue permits to construction project owners do not follow ADA guidelines, and do not inspect for compliance with site plans and ADA requirements proactively. DPS does not issue citations or wield punitive action to violators.

Honestly, I just spoke with someone from the Department of Permitting Services in person for the first time this past Wednesday. I met and talked with Chris , an Inspector for DPS during a site visit with PEPCO and Jeff from MCDOT. I really don't know much about DPS , but I have been told a few things, and these lead me to beleive that DPS is a major NON-player in this public right-of-way issue.

I have run into DPS before, during battles about the way construction sites take-over the public right-of-way and close it to public use, and don't make the proper accommodations for pedestrians and people with disabilities. These contacts were always by email or through Jeff from MCDOT. The outcomes were never satisfactory. DPS would go and talk with the project owner and let them know what they were doinjg wrong. The project owner would put-up a sign or two, move around some barrels, and forget about the whole incident in a day or two. Within two week some new danger would arise, and the whole process would be repeated. Meanwhile, Thousands of people endanger themselves at the construction site. Add this to the fact that there are several of these locations within a few blocks, and you begin to understand how difficult it is to be a blind man in Silver Spring.

DPS already does not have the staff to do the many jobs they are asked to do. These few, caring and talented individuals are giving it their best, but they need help. These Inspectors are obviously not experienced and trained in ADA issues. The Department - which plays a significant role in the management of the public right-of-way needs it's own ADA Coordinator.

Currently, the County's ADA Compliance officer, Nancy Greene, claims to be covering ADA issues for all County Departments. This, on it's face, is ridiculous. The idea that one person, or even one small office can adequately perform the gigantic task of erasing decades of discrimination and neglect is ludicrous.

When you go to the County's website, you find that Ms Greene has no clear information about any public right-of-way issues except for parking.

I have been heavily involved in County public right-of-way issues for years, and I have only talked to Ms Greene once, years ago. She has certainly never been a central character in any of my many public right-of-way battles.Is this my fault for not seeking-out here assistance? No. I have been dealing with Jeff Dunckel for three years, and I don't remember him referring me to her. What does that say?

DPS recently entered into the issue with PEPCO and utility poles in the public right-of-way. In a plan that I do not fully understand, DPS is supposed to inspect infrastructure replacement in locations where there are ADA issues. I have personally identified many of these, but Montgomery County has no record of there own that I am aware of. I have been asked to report these locations to them using a variety of methods, including 311, the internet, by phone, but many of them are poles or hydrants which are immediately denied because they are "too expensive."

There is no coordination between actors in the public right-of-way. The current ADA Compliance person is not endowed with the means or the authority to handle the task. DPS and there Inspectors are not given the means or the training to deal with ADA. DPS Inspectors do not wield their authority to compel project owners to meet certain minimum standards. These guidelines are also part of County and State law, as well. DPS Inspectors rarely issue citations. They NEVER pull permits, even when things are awful.

The Department of General Services, where it runs projects that take the public right-of-way and closes it down, does not consistently follow ADA guidelines or County and State law regarding temporary pedestrian facilities. They simply throw-up the SIDEWALK CLOSED USE OTHER SIDE signs and some barriers. Its easier and cheaper. It requires less thought.

Meanwhile, thousands of people like me are afraid to go out because they are unsure if things are safe. It is the same kind of cruel acceptance of things that keeps so many people down.

At 11 o'clock at night, a man in a motorized wheelchair rolls down Bonifant Street past the orange mudhole soon-to-be know as the Silver Spring Library. Beneath the burnt-out street light, he rides the-wrong-way down the middle of the street - moving as quickly as the motor and gravity will take him. A few seconds later, he pulls around the last barrel, past the jersey wall barrier, and beneath the corner of the ROAD WORK AHEAD sign and back onto the sidewalk. As he turns to cross Bonifant, a string of cars flies past. OK, Now it's my turn to risk the passage...

Having done so, do I take the time to see if anyone cares about this? Do you think the guy in the wheelchair will? Does he have the capability to follow-through? I know fitst-hand that it takes tenacity. I guess disabled people are often known for their tenacity. I also know from experience that the man in the wheelchair won't call. I know that if I don't call, nothing will happen. Just like I know that, if I don't file a complaint, nothing will change.

The bureaucracy is asking the people to pay for the neglect with their lives. This is no pun - people really do have to live different lives because of the inadequacies of the current system.

I can't accept that - even if it is "permitted."

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