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Rutland Select Board weighs appeal or extension after state finds Post Road sidewalk ADA noncompliance
Summary
The board discussed a state finding that a recently built Post Road sidewalk does not meet an ADA-related requirement tied to a 50% grant. Staff described options — mill-and-repave, add a green belt with retaining walls, or file for an extension or appeal — and will pursue an extension and coordinate with the state engineer.
Town staff told the Select Board on Nov. 19 that VTrans/state reviewers flagged the Post Road sidewalk project as not meeting ADA-related requirements tied to the town’s 50% grant, a discrepancy the town believes may stem from design/installation mismatches rather than substantive accessibility changes.
Staff reported that the state suggested milling a portion of the adjacent pavement and repaving to meet profile/width standards, which would increase costs and could require a new green belt and retaining walls in places where the sidewalk abuts steep grade. Board members expressed frustration at learning about the issue after construction and discussed options including filing for the state’s extension, appealing the determination, or completing the additional work at town expense to preserve the grant. "This is crazy," one select board member said during the discussion.
The town staff noted the grant is a cost-share program that covers roughly half the eligible project cost; staff said further design review and consultation with the state engineer (and Otter Creek, the town’s designer on parts of the project) are needed to determine precise remedies and costs. The board directed staff to apply for an extension while collecting documentation to support an appeal if needed.
Next steps: staff will prepare an extension request and consult with the state/engineer. If the extension is denied the board will revisit options and cost allocation, including the possibility of accepting the sidewalk as-is and absorbing uncovered costs.
