The Commission on Disability on Monday discussed accessibility issues in town with Christopher McWhite, the town’s ADA coordinator.

McWhite told commissioners about his extensive background in this field. He has done this type of work for about 27 years across five states.

In addition to being the ADA coordinator, McWhite also serves as the town’s director of municipal inspections and zoning enforcement officer.

Vice chair Amy Ritterbusch asked McWhite about the type of complaints he oversees.

“The first responsibility for any complaint that comes in is to determine whether we have jurisdiction over that complaint or not,” explained McWhite. “If you don’t have standing to react to it, then the person who makes the complaint needs to be given guidance to where they can find an answer to their question.”

As an example, he said a complaint about a privately owned facility would require a notification to its owner.

“Most of the conversation today is focusing on means of egress and access,” said McWhite.

He added that complaints should be addressed between a person and a business or building owner before being brought to his attention.

Main Street curb cuts raise concerns

Nancy Cavanaugh said several curb cuts on Main Street are not at the right grade, making them virtually impossible for people using mobility devices to navigate. Specifically, she pointed out a curb cut in front of Middlesex Savings Bank that is in front of an accessible parking spot.

“It looks like the curb was actually cut and some pavement was put over it,” she explained. “It’s not at the right grade for a wheelchair, a rollator or a walker to get up. It’s too high for people with many other mobility challenges. And that’s sort of the way it is all along Main Street.”

McWhite said that his understanding is that most of Main Street up to the starting line is still under construction “or will be soon.”

Construction had ceased near the fire station before the Boston Marathon because of the race, he noted.

Another factor is the ongoing construction of the apartment building at the former Hopkinton Drug site.

“As a result, my understanding is that most of the street is not yet at a permanent state,” he said. “I don’t know if they have made inroads, if you’ll forgive the pun, in creating a proper rise and run from the street to the actual curb itself.”

Another issue raised was a telephone pole in the middle of the sidewalk. McWhite said utility companies place them at their will, and the town has no recourse. He added that the Main Street Corridor Project work has moved wires underground, which should remove the need for poles.

McWhite clarifies terminology, statewide code

Chair Nancy “Punky” Drawe asked McWhite if Main Street would be ADA compliant once construction was completed.

“I want to be very careful about using the term ADA,” cautioned McWhite, saying it tends to be used as a catch-all phrase regarding accessibility.

“ADA fundamentally is a federal standard which is enforceable on federal and public lands,” he explained. “It has no bearing on anything private unless there is an actual complaint submitted. “

Most states, he continued, have what is called a safe harbor accessibility code. This is a legal provision that exempts previously built or compliant facilities from mandatory retrofits when new accessibility codes are adopted.

Massachusetts uses 521 CMR, McWhite explained. This statewide code, last updated in 2006, also is used by the Massachusetts Architectural Access Board. He said that, despite the code being 20 years old, “there didn’t seem to be any appetite to make any adjustments.”

He added that, in Massachusetts, “individual towns don’t have the authority to make changes as they [see] fit.”

The state could choose to update 521 CMR or “scrap it” and adopt what he referred to as the international code. This document is updated periodically and is more universally accepted.

Ritterbusch mentioned that people can reach out to their state legislators to ask about changing the policy.

Consultant to examine downtown accessibility needs

Drawe announced that the Department of Public Works is implementing a $45,000 state grant the commission had received. It encompasses an evaluation and transition plan for town and non-school facilities to increase accessibility.

According to Drawe, DPW Director Kerry Reed hired a capital assessment company that will evaluate town buildings, parks, sidewalks and parking areas. It then will create a corrective action plan.

McWhite suggested that a meeting be held to air resident concerns, with a follow-up afterward to see how they can be effectively addressed. These meetings could dovetail with the assessment work. Drawe said she would reach out to Reed to explore this idea.

“Many people, when they think about accessibility, they limit their conversation to mobility issues,” stressed McWhite. “Even on this call, there’s a variety of differently-abled situations.”

He added that he hoped the assessment company would take “a holistic approach” that also addresses the needs of those with visual, auditory and neurological disabilities.

“This assessment is a long time coming,” said Drawe, noting that the commission has raised issues to town officials over the past three years.

Marathon weekend accessibility flaws identified

Earlier in the meeting, Ritterbusch read from a letter she received as a Select Board member. It came from an accessibility specialist who pointed out lapses in accessibility requirements during the Boston Marathon weekend celebration.

The first one mentioned was that cones blocked accessible parking spaces at the Town Common that Saturday. The issue was raised to several Hopkinton police officers.

“If they are blocked, they are legally required to be replaced by similar or better handicap parking spots relative to the setting,” the letter stated.

“I mean, really?” said Drawe with a tinge of disgust.

Other issues raised were the “bumpy” brick walkway within the Town Common and the placement of booths on the grass.

“Grass is not an accessible ground,” the letter continued. “So any public display or vendor must be along the walkway, or an accessibility mat must be put down to get to it.”

Additionally, a vendor blocked a curb cut with a rental truck.

Ritterbusch noted that personnel involved with the marathon have so much equipment that their focus could be narrowed to getting their work done without realizing the impact to accessibility requirements.

Hariharan elected secretary

The commission elected Praveen Hariharan as its secretary. Hariharan, a doctor, has been a member since the commission’s inception about three years ago.

One vacancy remains on the commission. The seat is open for a person with a disability wishing to apply.