Blame it on Irma

Dan Moser
BWL Guest Column - 10/25/2017

For all of us who’ve been attempting to get around outdoors since early September on foot, by wheelchair (manual or motorized), or by bike it’s still hit-and-miss as to whether the way is clear. Because this unfortunate condition continues I’m compelled to speak up about it.

Well over a month after the major storm event debris remains on vital infrastructure, some being on pathways along major roads too busy for pedestrians or even most cyclists to “share” with cars and trucks. What could be considered an inconvenience for some of us is much more serious for others. At the risk of sounding like a broken record and labeled a whiner I’m none the less going to make the case that our community priorities need to change when it comes to non-motorized elements of our transportation network.

At a community event I attended recently to promote and encourage bike and pedestrian safety I spoke to a woman who uses a motorized wheelchair. She told me of having to summon law enforcement to help get untangled from debris on the Summerlin Rd pathway. Over a month after Irma deposited large tree limbs and palm fronds from the Whiskey Creek neighborhood most remain on that pathway, continuing to hinder many non-motorists.

There were at least six more of these obstructions on a one-mile segment of Summerlin Road
well over a month after Irma.

These obstacles are quite obvious to anyone driving along that segment of Summerlin so it’s hard to imagine why no one in a position to take action to have the debris removed ever did, or, apparently, even reported it.

I’ve personally made a number of requests since the storm in an attempt to prod our local governments to ensure safe access for pedestrian and bicycle traffic on our main roads, with a clear understanding that it would be impossible for every sidewalk and pathway to be made a priority. Just a short time after clean-up began very few, if any, motor vehicle travel lanes remained impassible, but pedestrians and cyclists haven’t received anywhere near the same level of service as the motoring public. At a certain point in time, even after a major storm event such as this one, that’s no longer justifiable, especially when access for people with disabilities remains hindered and when it puts anyone needing to use the facilities at risk.

The crews doing the heavy lifting are to be commended. I have no beef with their efforts – they’re simply doing what they’re tasked to do, sun-up to sundown in many cases. Where I believe change needs to occur is among those making the vital decisions about what tasks take precedence.

Any post-disaster recovery effort requires a plan that should be in place well before it’s needed, something I assume is the case for each of our local governments in this event. If the plan does not have pedestrian access and ADA compliance on the same level as that for motor vehicles the plan needs to be changed to make it so. Especially on major and busy roads and in areas where car ownership levels are lower than average, being able to walk and bicycle safely isn’t a luxury but a necessity. Along with public safety it’s also about social equity.

This is a common scene in Pine Manor where most sidewalks and bike lanes remain
impassible over a month after Irma.

 One glaring example of the inequity is in Pine Manor where more than one month after Irma’s devastation it appears no debris whatsoever was picked-up, meaning most sidewalks and paved shoulders remain impassible. This is a neighborhood with lower than average car ownership levels and many children and folks with disabilities needing a safe place to travel.

As we move forward and get beyond the first stages of recovery it’s looking like Irma’s going to take the blame for many programmed and funded projects that would improve safety and access for non-motorists to be pushed back indefinitely or even cancelled. While some delays are to be expected and justified I fear Irma will be used as an excuse rather than legitimate reason for delaying or killing some improvements already in the queue, especially by local governments. “Blame it on Irma” may well become the buzz-term for foot-dragging on moving towards creating a network of Complete Streets and working to remove the stigma that Lee County and all its towns and cities have earned by being tagged as the most dangerous place in the USA for pedestrians. I hope I’m wrong.

- Dan Moser is a long-time bicycle/pedestrian advocate and traffic safety professional who cycles, runs and walks regularly for transportation, recreation and fitness. Contact him at bikepedmoser@gmail.com and 334-6417. 

It’s time to clear the way

Florida Weekly 'Outdoors' column, 7/5/17
danMOSER
bikepedmoser@gmail.com

If you thought your lawn and landscaping were all but dead just a few short weeks ago, you weren’t alone. That’s now just a memory as summer rains have come, sometimes with a vengeance. This windfall of life-giving water is welcome but there can be too much of a good thing, especially when so much comes so soon. Flash-floods and early season ground saturation are two pitfalls of the weather we’ve experienced. Warp-speed grass and foliage overgrowth is another. Unsightly aesthetics are one thing but there’s a much more disruptive aspect of untrimmed trees, bushes and hedges.

Sidewalks and bike paths are frequently obstructed by overgrown vegetation this time of year, a problem that may seem minor to some people but not those of us who walk, run, skate and ride bikes on these facilities. Just as is the case with illegally parked vehicles, we are all put at risk by being forced onto roadway travel lanes. For those with mobility issues or other disabilities these obstacles can be even more problematic and, in fact, constitute a breach of the Americans with Disabilities Act.

Overgrowth is especially problematic this
time of year. Sidewalks can become
impassable with growth.

Each year at this time of year I make it a point to remind readers to be aware of problems created by unaddressed overgrowth and to take action, whether that means trimming back your own sidewalks and pathways or reporting obstructions, including illegally parked vehicles and other impediments that block the way.

In every jurisdiction, whether it’s a city, town, village or unincorporated area of the county, overgrowth emanating from private property into the public right of way is the responsibility of the property owner to remove, cutback or otherwise keep public spaces such as sidewalks and pathways free of obstructions. But in some jurisdictions, property owners have even more responsibility.

Florida law allows local governments to put in place a provision transferring to property owners the additional responsibility of keeping sidewalks and pathways adjacent to their property clear and safe even if the problematic vegetation is planted in the public right of way. Such an ordinance can also include maintaining the sidewalk itself, even replacing damaged segments when they become a hazard or are not accessible by persons with disabilities — for example, ADA non-compliant. In our area, that policy is in effect in the city of Fort Myers Ordinance 134.2.25.C.

Generally speaking, the public works or transportation departments are responsible for keeping the public right-of-way safe and accessible, although most do so only upon complaints and, in my opinion, don’t do the kind of preventive maintenance that’s necessary (much more time, energy, and money is spent on keeping roadway median landscaping looking good). That being the case, in most instances they are usually prompt in taking care of problems when there’s a public safety issue or sometimes when ADA access is at issue (although the city is less than consistent as to how it responds in such circumstances because of their specific ordinance). Regardless of who’s responsible, we should all do what’s necessary to ensure pedestrians and bicyclists unfettered access. Especially this time of year, when things can quickly get out of hand, be sure to keep your own vegetation trimmed back, ask your neighbors to do the same, and make the appropriate government’s public works department aware of problems you believe it should handle. Of course, the requirement to keep the pathway clear includes non-organic items, such as parked cars, trash receptacles, and other moving or stationary objects.

Below is a listing of public works departments to make requests for maintenance (this information can also be found on bikewalklee.blogspot.com). If public works isn’t responsive because the problem is related to private property it may be necessary to contact code enforcement. Also, be aware that roads under the jurisdiction of Lee County and/or Florida DOT run through our municipalities so it may be necessary to direct your request to either of those entities in some cases. If you’re hesitant to call in a complaint please consider this: would a roadway’s motor vehicle travel lanes be left in a condition that makes them fully or partially impassible?

• Lee County: Request For Action hotline 533-9400 or an online form at www.leegov.com/dot/requestforaction/online-submission-form.
• Cape Coral: Online at capecoral.net/services/citizen_support_center.php or Citizen Support Center at 574- 0425. You can also go to CapeCoral.net/Bicycling and click on the “Maintenance Requests” tab on the left side of the page which will take you to the city page.
• Fort Myers: Public Works, 321-7445 or submit a request online at cityftmyers.com/761/Support-Center.
• Sanibel: Public Works, 472-6397.
• Fort Myers Beach: Online at fl-fortmyersbeach.civicplus.com or contact Public Works, 765-0202, ext. 1701.
• Estero: estero-fl.gov/request-for-action.
• Bonita Springs: Public Works Department, 949-6246 or online at cityofbonitasprings.org/for-residents/report-a-problem.
• State roads: local operations center, 985-7800.  ¦

- Dan Moser is a long-time bicycle/pedestrian advocate and traffic safety professional who cycles, runs and walks regularly for transportation, recreation and fitness. Contact him at bikepedmoser@gmail.com and 334-6417. 

Reporting a problem with a roadway and getting results: The story of one pothole and FDOT

Back in April, BikeWalkLee penned two blog posts about how to report a bike/ped facilities or operations problem and get results. In those blogs we provided information about who to contact to report such a problem and urged you to report problems you see while you're out walking or biking. We suggested that you to track the resolution of the problem, thank the agency staff who addressed the problem and share your stories with the BWL network, including before and after photos, so that we could demonstrate that reporting problems does get action. Today's blog is the story of one success story from the Tice neighborhood.

By Diane Odeh and Stephan Pierce

BikeWalkLee and the Rauschenberg Grant Walking Audit Team would like to thank James Perry, Highway Maintenance Supervisor and the rest of the Florida Department of Transportation for patching a pothole on Marsh Avenue that was very dangerous.

The pothole in Tice (photos: Stephan Pierce)

During a walking audit team meeting, members discussed the dangerous nature of this pothole. The pothole was located on a heavily traveled connector street in one of the higher density areas in Lee County. It is close to Palm Beach Boulevard with many retail, offices, and social services. This street and area in general is heavily traveled by people in wheelchairs, walkers, and bicyclists and is in very close proximity to public transit. It connects the Goodwill Retail  store and JobLink center with Marsh Avenue.

The pothole was only a few feet away from a bus stop. The reality of how dangerous this pothole is to the community can be seen through the following picture of a resident whose mobility scooter often got stuck in it, causing him to fall off of it:













This issue wasn’t just problematic for pedestrians—it is so large that vehicle tires have the potential to become damaged in the pothole as well:















Recognizing a need to remedy the situation, team members were diligent in reporting the issue to the proper authorities. Although it is not in their jurisdiction, James Perry and his crew went above and beyond their call of duty in the spirit of providing a temporary solution to a very dangerous issue.

We will continue to update you as a more permanent solution is made. This case highlights the importance of persistence when reporting transportation issues.

So, next time you're out there and see a safety hazard, don't just complain... do something... and share your story with us (info@bikewalklee.org).

Click here for a one-pager with all who/what/when/how to report (keep this handy)
BWL blog 4/16/16: http://bikewalklee.blogspot.com/2016/04/how-to-report-bikeped-facilities-or.html
BWL blog 4/28/16: BikeWalkLee'sColumn in News-Press "Go Coastal" section: 4/28/16