By Shannon McFarlin News Director
Paris, Tenn.–Thanks to recent social media, ongoing attempts at mediation with a local builder over non-compliance issues with a sidewalk on Volunteer Drive took center stage at Thursday night’s City of Paris commission meeting.
City Attorney James Smith said, “Since this issue has become a matter of public discussion, I thought I would let the commission know my recommendations on this issue” and hear the history of the situation. He noted that discussions over the sidewalk and its non-compliance with the Americans With Disabilities Act (ADA) began even before he was appointed City Attorney in September of 2022.
In other business during the session, City Police Chief Ricky Watson introduced new Patrolman Evan Coker and City Manager Kim Foster reported several employees are out sick now with COVID, including the new Finance Director Tammie Hopper.
During the public comment section of the meeting prior to Smith’s presentation, Homeowner Larry Bolding said with his trouble walking, his No. 1 priority when he purchased the Volunteer Drive property was a safe driveway. He said three of his friends have damaged their vehicles in his driveway and it’s proved difficult for him to walk to and from his house.
According to Smith, the situation began in July of 2022 when the builder was issued a permit for curb cut for two driveway connections to two newly-constructed homes on Volunteer. By mid-August, 2022, the curb cut had been poured by the builder. Soon after, the city of Paris was notified of a complaint by a citizen who said the sidewalk did not appear compliant with ADA regulations.
Smith said because the city had issued the permit to perform the curb cut, the city has a legal obligation to assure compliance. He said cross-slope of sidewalks must be less than 2 percent. The city inspected the sidewalk and found its slope to be 8.5 to 11 percent (well in excess of 2 percent), he said.
Shortly thereafter, Smith said, discussions occurred with the builder regarding the slope of the sidewalk and potential solutions. Smith said solutions included lowering water lines or relocating the water line so the slope of the driveway would decrease and accommodate limitations imposed on the sidewalk slope.
The builder was not named during the meeting and a local builder who was present did not comment during the meeting.
The city discussed this with BPU and it was a feasible solution, but “Although no landscaping, etc. (had been done) at this time, the builder was unwilling to consider this option,” Smith said.
Discussions were ongoing from mid-August 2022 until near the end of the year, he said, “but the builder remained unwilling to pursue this solution.”
By late 2022, Smith was City Attorney and was contacted by the City’s Compliance Officer Jesse Skidmore to determine if there was a solution that would not place the city as risk.
“The goal was to find a workable solution that would accommodate the builder’s interests and achieve compliance with the ADA,” Smith said. The builder remained unwilling to pursue the option of relocating the water line, he said.
“Because the city was at risk,” Smith said, “I recommended the city remove and re-pour the sidewalk to be in compliance with ADA.”
In January 2023, the city corrected the sidewalk at the city’s expense.
At that point, Smith said, there was no issue for some six months. In late June 2023, a homeowner had moved in one of the homes and had two issues—he needed a certificate of occupany for the house because it had not been issued previously because of the non-compliant sidewalk issue and the. homeowner was displease with the slope.
Skidmore told the homeowner the necessity of compliance with the ADA and no permit could be issued to modify the sidewalk. On August 11, 2023, the builder removed and replaced the sidewalk at the house and Skidmore asked him why he was doing this. Smith said the builder told him he needed to sell the house and that the angle of the sidewalk had to be better to do so. Skidmore told him he could not put the city’s sidewalk into a state of non-compliance with the ADA.
Smith said at this point, the builder told Skidmore to let the lawyers handle it.
At this point, Smith was contacted with the issue and he recommended a sit-down meeting with the builder and his attorney to come up with options that would accommodate both sides, but the builder rejected that offer.
Smith said with the sidewalk again in non-compliance, he hoped the builder would “discuss the issue and work together”, so Smith did not immediately recommend the city would correct the issue, “but I did want to determine some protection for the city from liability.”
An attorney with the Municipal Technical Advisory Service said the city was in risk of liability and the city followed the recommended course of action to place signs on the site to alert pedestrians and/or wheelchair traffic that there was a potentially unsafe slope.
“Not ideal,” Smith said, “but it was something that would hopefully allow the opportunity for me to talk with the builder and his lawyer” on a plan. But the builder “remains unwilling to meet”.
The builder removed and replaced the driveway and sidewalk on August 30, 2023 and between August 30 and September 5, Smith has researched and contacted engineers who specialize in governmental accommodation and compliance with ADA.
Smith said he requested Skidmore contact the builder on September 5 to explain he had a potential solution, but the builder “rejected the meeting to discuss a resolution” and that he was “not interested in changing the sidewalk at all”.
Smith said he requested it be placed on the agenda “because it’s necessary for the city to determine a course of action”. He posed several options: 1. Do nothing and allow the sidewalk to be in non-compliance and assume the risk of the non-compliance which Smith said would not be a good idea and would put the city in unnecessary risk; 2. remove and replace the sidewalk to comply with the ADA as it had been previously which he said was not ideal because it did not help the owner with ingress and egress; 3. utilize city resources to hire an engineer and develop a plan to accommodate everyone’s interests. The last option also isn’t ideal because without cooperation of the builder, “we may only be able to partially solve the problem” and the city cannot use its funds to perform work on private property.
City Commissioners John Etheridge, Jackie Jones, Vickey Roberts and Mayor Kathy Ray all thanked Smith for all the work he had done on the issue. Jones said, “I know this is frustrating for every side. The ADA is a federal regulation, but the city is responsible for enforcing it.”
Roberts said, “Hopefully the parties can come together and realize when something is the law, you need to comply.”
The commission took no action on the issue at this time and Mayor Ray said, “We will be discussing this”.
In other business:
–City Police Chief Ricky Watson introduced new Patrolman Evan Coker. Coker is 22, has lived in Paris all his life and is a 2019 HCHS graduate. Coker said, “This is something I’ve wanted to do.”
–The commission approved a Certificate of Compliance for The Loft on Mineral Wells, which is moving from 908 Mineral Wells to 1060 Mineral Wells Ave.
–The City Alcoholic Beverage Control board meetings were changed from 6 p.m. to noon.
–The Commission amended City of Paris personnel rules for Firefighter job descriptions. Chief Jamie Hinson had requested new firefighters live within a 30 minute drive of Station #1.
–In her report, City Manager Kim Foster provided updates on the city’s ongoing projects, which include the downtown intersection grants; the Municipal Facilities project and a new Back Alley Paris mural.
Photo: The city has placed signs on the sidewalk stating the sidewalk may not be safe and to use caution. Shannon McFarlin photo.