Post #1159: Robinson estate sidewalks

 

In this post, I’m just trying to get my bookkeeping straight on the Robinson estate  sidewalks in the Town of Vienna, VA. This will be of no interest to anyone outside of Vienna, and of questionable interest to those who live here.

I think we just saw the first one of those completed, on Pleasant Street.  And if that’s true, that’s worth noting.

But before I can say that, I need to get my head straight about where this now stands.  The following is a timeline for this process, centering around my prior posts on this issue.

April, 2019, starting the clock.  I believe this is when information of the Robinson bequest was formally delivered to the Town of Vienna, so this is the date when clock starts for the five-year period in which the Town must spend the money.

Post #518, the 1/18/2020 meeting of the Transportation Safety Committee.  This is where first learned of the Robinson bequest for the construction of sidewalks in Vienna, and the restrictions on the use of the money.  Apparently this discussion took place almost a full year after the bequest was made and the clock begain ticking on the five-year period in which the Town must use the money.

Post #532, the 2/24/2020 Town Council meeting.  This is the meeting where Town Council authorized sidewalks on three streets literally chosen by the executor of the Robinson estate.  This is also the first time that Town Council clearly stated that the estate’s executor would literally only pay for the sidewalk (not curb and gutter).  This was also the first time that I calculated what a ludicrously small fraction of the Robinson estate money could be spent under the rules imposed by the estate’s executor.

The meeting materials for that meeting listed five candidates, of which Town Council approved three (in boldface below).  I vaguely recall that the other two were rejected by residents on those streets but I may be imagining that.

* Even side of DeSale Street SW from Moore Street to Tapawingo Road
* Odd side of DeSale Street SW from Tapawingo Road to end
* Even side of Holmes Drive NW from John Marshall Drive to Upham Place
* Odd side of Cabin Road SE from Branch Road to Glyndon Street
* Even side of Plum Street SW from Cottage Street to Tapawingo Road

Post #1056, March 14, 20201, I revisited Plum Street (above), more than year after the Town appeared to approve a sidewalk there.  I had something of a senior moment based on the complete and total absence of a sidewalk.  Near as I can recall, the Town had done nothing about spending the Robinson sidewalk money since that 2/24/2020 meeting, but I can’t claim to have been tracking that closely.  For sure, there was no sidewalk on Plum, nor on Cabin, so if they’d been working on it, they were taking their time.  Particularly given the five-year limit on spending the Robinson funds.

By April 5, 2021, the Town had a new list of sidewalks to be considered, but it included some pretty bad candidates.  That’s the gist of Post #1096.  My guess is that with the restrictions imposed by the executor of the Robinson estate, the Town was scraping the bottom of the barrel trying to find candidates for sidewalks.  At that point, one Town Council candidate (David Patariu) openly suggested that the Town take the Robinson estate to court to clarify that the actual language of the will did not contain those restrictions, and to get the court to remove those restrictions so that the Town could build sidewalks where they were needed, not where curb and gutter happened to have been put into place decades ago.

By April 23, 2021, the Town clearly had a list of 11 proposed projects that, in theory, constituted the Town’s proposed plan for spending the Robinson sidewalk money.  They were going to have a public hearing on those the following Monday (4/26/2021), and by report, that public hearing did not go well.  In Post #1120, I again took the time to show how little of the available money this was likely to use.  I have since been told that my costs — based on VDOT data — are too low.  To which my response is, then double my estimate, it’ll still be a tiny fraction of the total available funds.

In Post #1133 (May 3, 2021), I talked about the five projects that the Town approved after that 4/26/2021 public hearing and Town Council meeting.  At this point, there appear to be no rules whatsoever as to what can and cannot be built using the Robinson estate money.  Some streets have curb and gutter, others don’t, some are fill-in sections, some are entirely new street segments to have sidewalk, and so on.  If there is some rule behind any of that, I was not apparent to me.

And, this was not some sort of make-believe.  The Town’s meeting materials had contractors and firm contract prices listed.  So approval of those seemed to indicate a pretty solid intent to build that hodgepodge of sidewalk sections.

Do I even need to say this?  Again, any plausible total spending for the five approved projects would be dwarfed by the overall size of the Robinson bequest, which by this time had grown to a reported $9M.

Those five projects, approved in the 4/26/2021 Town Council meeting, are the focus on the rest of this post.  To cut to the chase, I thought that all five of those contracts were superseded by what happened next.  But in fact, one of the five projects was built.  The other four were either canceled, or waiting.

Finally (Post #1139), at a Town Council work session scheduled for 5/10/2021, the Town had a brand-new, much larger list of sidewalk candidates.  This, along with a brand new story as to what could and could not be done with Robinson estate money (curb and gutter?  who said anything about curb and gutter)?  This now included a thorough rewriting of history, as if this had been the plan all along, along with a document that listed a new, much-higher cost for a project that had already had contract bids, along with an astounding $450 per foot average cost estimate for the construction of plain-vanilla sidewalks in Vienna.

But, by gum, the Town finally had a document — no matter its oddities — by which it could claim that it had a plan for spending the Robinson estate sidewalk funds.  I think that, with the $450/foot, the new higher costs listed for already-bid project, and the inclusion of all the roads that they thought fit (including some clearly bad candidates, see Post #1096), they were able to claim with a straight face that they had more than $10M worth of potential sidewalk projects.  And thus had a plan that would, on paper at least, spend that money.

Yeah.  OK.  Sure.  That’s good, I guess.


Five projects.

Now that I’m back up to speed, my sole goal for this post is to see what the Town actually has done for the five projects that it appeared to approve on 4/26/2021.  Because, near as I can recall, one of those re-appeared in the final plan at a vastly different cost, and the other four just disappeared entirely, and are not listed at all in the master plan for the use of the Robinson sidewalk funds.

And so, after all that to-ing and fro-ing, two years and two months into the five-year period during which that money must be spent, I just want a straight answer to a simple question:  Have they started working on those five projects or haven’t they? 

And as I now have come to realize is the norm for this topic, the answer is far stranger than I would have guessed.

The list of five projects is laid out in Post #1133.  I rode past all five of them this afternoon, and the status is:

124 Courthouse Road SW.  Not started. The missing sidewalk is actually along the back of the property, where Cottage Street dead-ends at the shopping center.  It’s about 100′ of sidewalk.

503 Ware Street SW (~$17K).  Not started. This is right across from Meadow Lane park.  This is also about 100′ of sidewalk

 

1002 Hillcrest Drive SW (~$22K).  Not started. This is about a 200′ long stretch.

 

 

Cabin Road SE – Branch Road to Glyndon Street.  Not started.  The entire stretch is just over 800′ long and pretty much dead flat.

 

Pleasant Street SW – Courthouse Road to Maple Avenue.  Finished and road repaved.  This is a several-hundred-foot stretch of road with sidewalk on one side, and no sidewalk on the other.

 

Here’s a before and after of Pleasant Street, courtesy of Google Street view and some photos taken today:

Before:

Source:  Google Street View.

After:

 

By eye, and by feel, it seems as if the Town widened the road a bit as it put in the sidewalk, but objectively, near as I can tell, that’s not true to any material degree.  It’s just a lot easier to drive at the edge of the road when there actually is a well-defined edge (curb), instead of just pavement that stops.

At any rate, I find the outcome here quite odd.  Three of those projects are no longer listed anywhere, and there’s no evidence of sidewalk construction.  One of them — Pine — remains listed in the Town’s current plan, but now at a much higher price than the actual bid.  And one of them — Pleasant — no longer remains listed as a Robinson estate project, but is now completely done, six weeks after the Town approved it.  This, in a Town where it was reputed to take two years to get a sidewalk done.

In any case, I think I count this as the first sidewalk completed from the Robinson estate funds.  I don’t think it would be asking too much for the Town to put up a little marker or something to commemorate.  People get their names on a little plaque when they donate the cost of a bench to one of the local parks.  Seems like every one of these new sidewalks ought to have something similar.

Maybe just a stamp, C&MR, to be stamped into the wet concrete at the completion of every project paid out of those funds.  Fifty years from now, people might notice that and wonder what it’s all about.  Maybe somebody will bother to look it up.  Or if you don’t like that simple approach, find some alternative.  The physical concrete in those sidewalks is no different from any other.  Seems like all the more reason to provide a permanent reminder of the gift behind it.  In any case, it seems a bit cold to finish a sidewalk, paid for from that bequest, and just move along to the next job.


Afterword

Still, I keep wondering, why this street?  Why so fast?  Did they or didn’t they widen the road a bit as they did this?

This section of road met none of the criteria that were once presented as governing the use of those Robinson funds.  Most of the section where sidewalks were placed had no curb or gutter.  And this street already has sidewalk own the full length of it, on one side.  And so on.

But there it sits, right across the street from 44 new dwelling units shoehorned into roughly two acres, constructed under MAC zoning.  (I guess it’s rude to say “shoehorned” about townhouses that will cost more than my house.)

And so you might reasonably ask, is this just another part of the Town’s plan for the densification of Maple Avenue?  And that’s why this, uniquely among all potential projects, got priority?  Or was it the case that they needed to do it while the road paving crews were still here, owing to the nature of the roadway prior to the installation of sidewalks?  And so the proximity to Maple and MAC development is just a coincidence?

Or yet some other explanation of why this street, and why so promptly.

As a member of the peasantry, I’ll never know.  But in a Town where the standard spiel is that sidewalks take at best a couple of years, this one, completed about six weeks from the time the Town Council authorized it, certainly stands out.  I just wish I understood why.

Post #1120: Sidewalk cost per foot, and the Robinson sidewalk bequest.

This post is a little calculation regarding the fraction of the Robinson sidewalk bequest that the Town of Vienna will be able to spend.  Best guess, it looks like the Town might be able to spend about 6% of that bequest money.  Plausibly, the Town will spend less than the interest that fund earns during the five years that have been allotted for the Town to spend it.


Timeline

As you probably know if you’re reading this, former Town Council member Maud Robinson left a large bequest to the Town of Vienna, for the purpose of building sidewalks.

Maud Robinson passed away in March of 2019, at the age of 96.  She made a bequest to the Town of Vienna, leaving (then) roughly $7M to be used for building sidewalks.  (That has since reportedly grown to $9M).  The Town of Vienna appears to have been notified of her bequest in documents dated April 2019.   There’s a time limit of five years, for getting that money spent.

And so, if I have that all correct, the Town has until April 2024 to get those sidewalks completed.

Nothing much appears to have happened during the first year following the bequest.  The first I heard this publicly discussed by Town Council was about a year later, when plans were announced to put sidewalks along three streets (Post #532, February 25, 2020).

A year after that, I went to check on one of those streets, but no construction had begun (Post #1056, March 14, 2021).   I was surprised at the time, but then realized that the Town typically takes two years to get a sidewalk built. 

That two-years-to-build-a-sidewalk estimate is important, because as I understand it, a) the Robinson trust only disburses funds once the sidewalk is actually built, and b) the funds have to be dispersed prior to mid-April 2024.  If it takes two years to get one built, that means the Town has until roughly April 2022 to get those sidewalks started.  Possibly, they could start some later, and hurry the construction a bit.  But so far, there’s not a lot of evidence that they are hurrying.

And now, in April 2021, the Town appears to have a final plan for most of what they proposed to do, to use the Robinson Estate sidewalk bequest.  This will be formally revealed at this Monday’s Town Council virtual meeting.  The documents outlining that plan are available at this Town of Vienna Granicus web page.


A brief calculation

I went looking for one specific figure in the documents outlining the Town’s plan:  What fraction of the money from the Robinson bequest is the Town actually going to be able to spend? 

I came up empty handed.  There’s nothing anywhere near so straightforward in those documents.  Near as I can tell, there isn’t even an estimate of total miles of sidewalk to be built.  There’s an exhibit labeled “Projects — status at a glance, with costs”.  Unfortunately, there are no costs listed in that document.  It’s just a list of recommended projects.

The Town’s great handicap here is that the executor for the Robinson trust insists that the money be spent literally only on the sidewalk, and nothing associated with the sidewalk (e.g., not for the curb and gutter next to the sidewalk).  So, literally just the flat thing you walk on, which is, in fact, the least expensive part of actually constructing sidewalks.

To be clear, there is no such explicit restriction in the bequest itself.  E.g., the words “curb” or “gutter” do not appear in that document, based on reporting from credible sources and an image of the key clauses of that document that was posted on Facebook.  That restriction is the interpretation of the executor, which the Town chose not to challenge legally. 

If you are capable of doing long division, it’s immediately evident that this restriction is completely at odds with the size of the bequest.  In a nutshell, it makes is so that no material portion of the bequest could actually be spent.  Effectively, it makes the bequest logically inconsistent. This was obvious a year ago, see Post #532, February 2020.

“Problem 2:  The Commonwealth of Virginia says that standard 5′ ribbon sidewalk costs about $30 per linear foot.  (See reference in Post #521).  The Robinson Estate has granted the Town up to $7M to spend on sidewalks.  How many linear miles of sidewalk must the Town choose in order to use up the full $7M gift?

Hint 1:  7,000,000 ÷ 30 = 233,333.  Hint 2:  233,333 ÷ 5,280 = 44+

Reference number:  In total, Vienna has about 65 miles of publicly-maintained roadways (reference).”

In any case, per the 44 miles answer in the word problem above, it was obvious a year ago that, with this restriction, the Town was only going to be able to spend a tiny fraction of the available money.   Particularly if the Town would not spend its own money to build curb and gutter.

(By contrast, the full cost of constructing a sidewalk, including everything you need for that sidewalk, can be orders of magnitude higher than the cost of the five-foot-wide concrete ribbon that you walk on.  I did a post more than a year ago that looked at the variation in cost per foot across four projects actually undertaken in the Town of Vienna (Post #521), which ran from $100 to $666 dollars per linear foot.)

Weirdly, with all this perseveration on streets that have curb and gutter, the curb and gutter itself doesn’t cost much.  Per reasonably recent set of estimates via VDOT (.pdf), (same reference as that cited immediately below), if the sidewalk itself costs about $30 per foot, the curb and gutter costs a further $40.  Really, for expensive sidewalk projects, neither the sidewalk nor the curb-and-gutter is the expensive part of the project.

And so, the question isn’t whether or not the Town is going to be able to take full advantage of those funds.  Without challenging that restriction legally, it clearly won’t.  The only question to be answered, now that there is a plan, is just how small a fraction of the current $9M bequest is the Town actually going to be able to use, given the path it has chosen to take.  And that’s what I’m going to calculate next.

The Commonwealth of Virginia, and by reference, Fairfax County estimates that it costs about $30 per linear foot to install sidewalk in this area.  That’s just the sidewalk, not the curb, gutter, or other items incident to the sidewalk.  That’s based on Virginia Department of Transportation project-planning standards, and you can find that approximate figure in in this VDOT report regarding a couple of transit corridors in Fairfax County.

And so, if the trust will only pay for literally the sidewalk, and sidewalk costs about $30 a foot, if the Town would list the total footage, I could figure out the likely total spending from the trust.  And compare that to the $9M that was potentially available.

The Town doesn’t list the footage in the current document.  That means either a) I take the maps provided, attempt to interpret the map key, and tediously measure the road lengths, b) I extrapolate based on the number of projects, from the first three projects where I did measure road lengths, or c) I just take somebody’s word for how much sidewalk the Town is planning to build.

Here, I’m going with c), as Councilman Potter has been quoted that the Robinson trust money will allow 3.3 miles of new sidewalks.  (That’s per this source.)  I can’t quite see that, based on the planning documents cited above, but let me just run with that.

  • 3.3 miles x 5,280 feet/mile x $30/foot = $522,270
  • $522,270/$9,000,000 = 5.8%.

So, best guess, at best, the Town will spend about 6% of the Robinson bequest money.  That assumes that a) everything currently being discussed will be built, b) those sidewalks will all be finished before April 2024, c) the trust only pays for the sidewalk, and d) the Fairfax County estimate of $30/foot is a reasonably accurate estimate for the Town of Vienna.

This is about what I would have guessed, a year ago, when I estimated that the first three projects announced would account for about 1% of the then $7M bequest (Post #532)

Just to ballpark it, the Town’s documents list 11 projects that should get the go-ahead this Monday.  By eye, looking at the maps, the longest of those that are up for approval is DeSale St SW, which would be about 3400 feet of sidewalk, assuming new sidewalk on both sides.  (The project for Hillcrest appears longer, but is not yet approved).  If all 11 projects were as extensive as that one, that would work out to be about 7 miles of sidewalk.  Thus, a published estimate of 3.3 miles from Councilman Potter’s statement appears reasonable.

Something about this whole process still strikes me as deeply, fundamentally wrong.  I guess it’s because I’ve been doing the same simple arithmetic for more than a year now, and I still come up with the same question.  If nothing else, this shows you how at odds this restriction is, with the overall size of the bequest.  For the life of me, I can’t believe that the bequest was made in full understanding of how little of it would actually be spent.

In a very real sense, the Town won’t even be able to spend the interest earned on the money, during the time it is held in trust for the Town’s use.

It’s great that the Town has a plan.  It’s good that the least-logical parts of it have been jettisoned (see Post #1096).  I’m sure that most of the people in most of the areas getting sidewalks are happy to have them.  As I have noted in earlier posts, it’s just plain odd that the only way the Town has to target sidewalks to roads that had curb-and-gutter placed decades ago.  And, oddest of all, with this restriction, the Town will be unable to spend a material portion of the money left in trust for this purpose.

Finally, this ends up being one of those cases that economists want to see avoided at all costs.  Mainly, because the money is “free”, and the Town can’t even really start to touch the principal, let alone spend the interest, there’s a real impetus to produce gold-plated sidewalks.  One thing Maud Robinson was clear about was that these sidewalks were to be done under contract.  Presumably, that was to get a fair, market-established price for the work.  It will be interesting to see, if the information is ever released, what cost per foot of sidewalk the Robinson trust ends up paying.