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HomeMy WebLinkAboutMN-DAC-2010-01-06DISABILITY ADVISORY COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 12:15 p.m. January 6, 2010 PRESENT: DAC Chair — Roberts DAC Vice Chair - Gizewski DAC Members: David McElrath George Eberhardt Otis Jackson Andrew Rappaport OTHERS PRESENT: Information Management Specialist — Myers Historic Planner and ADA Liaison — Chatterton EXCUSED: Jason Anderson Erin Sember APPROVAL OF THE MINUTES: Approval of the December 2, 2009 Disability Advisory Council Meeting Minutes — Resolution By DAC Member Eberhardt: Seconded by DAC Member Jackson RESOLVED, That the December 2, 2009 Disability Advisory Council Meeting Minutes be approved with noted corrections. Carried Unanimously NEW BUSINESS: Review and AoDroval of Letter to Ithaca Housina Authoritv - Titus Towers Chair Roberts asked the DAC members if they had reviewed the letter that had been drafted by DAC Member Erin Sember and reviewed by City Attorney Hoffman. The letter is as follows: "January 8, 2010 Dear Ithaca Housing Authority and Titus Towers, The City of Ithaca's Disability Advisory Council (DAC) recently became aware of a situation that we feel obligated to offer comment and advisement on. We have been informed that Titus Towers provides opportunities for its residents to participate in recreational activities if they choose to. This is clearly a great benefit that you provide! However, it is our understanding that none of the vans used to transport residents to these activities is handicap accessible. This has resulted in some of your residents who have certain disabilities being unable to ride in the vans and therefore unable to participate in the activities available to the rest of the residents. Here is our understanding of your responsibilities in this situation. In general, housing providers have certain obligations under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) to make sure tenants and others are not discriminated against, or denied access to services and benefits provided, based solely on the presence of a disability. The FHA applies to the vast majority of publicly owned or assisted housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance. In addition, Title II of the ADA covers the activities of public entities, which would include public housing authorities. Under both laws, housing providers are typically expected to make reasonable accommodations for tenants with disabilities. This means they may be expected to change rules, policies, practices, or services so that tenants with disabilities January 6, 2010 have an equal opportunity to use and enjoy a housing situation. The ADA specifically states that public entities must ensure "program accessibility" as well, meaning that a public entity's services, programs, or activities must be readily accessible to and usable by individuals with disabilities, unless to do so would result in a fundamental alteration in the nature of its program or activity, or in an undue financial and administrative burden. If there is such a financial burden, the entity is still obliged to seek a financially feasible way to ensure access for the person with a disability. The specific aspects of these laws that would be applicable to Titus Towers and IHA could depend on a variety of factors, such as what funding source you are using to pay for the vans, whether you are a federally subsidized housing provider, etc. The bottom line, though, is that if you are making opportunities and benefits available, generally, to your residents, then this should include your residents with disabilities. If they are not able to participate like everyone else solely because you have not accommodated their disability, then you are excluding them, potentially unlawfully. The DAC strongly requests that you look into this situation immediately, to determine your legal obligations, and make any needed adjustments to your recreational activity program. (Regardless of the specifics of your legal requirements, we are sure you would agree that it would be best for all of your residents to have equal access to the benefits you offer.) If you disagree with our understanding of this matter, we would appreciate your letting us know that. To obtain more clarity and information, we encourage you to consult with the Department of Housing and Urban Development (HUD) at either www.hud.gov or 1.800.669.9777, or the New York State Fair Housing Regional Office at 1.800.496.4294. Thank you in advance for addressing this situation expediently! Sincerely, Larry Roberts, Chairperson For The City of Ithaca Disability Advisory Council" Chair Roberts stated that he would like the Council to either "officially" approve the letter or state their support for it. He noted that he thought that perhaps he should contact Ithaca Housing Authority Executive Director Brenda Westfall to explain this issue and see if she would like to attend a DAC meeting to discuss the situation. He asked the Council if they thought that would be a better approach to this matter. DAC members expressed their support for that approach. Review of Disability Advisory Council's Goals and Obiectives: Chair Roberts reported that there would be a meeting of the handicap parking sub- committee with Marcia Lynch at the Old Jail Building on Friday, January 22, 2010 at 9:30 a.m. DAC Members Jackson and Gizewski stated that they would be able to attend the meeting. Chair Roberts also indicated that former DAC Member Wendy Skinner would be at the meeting as well. He further stated that Ms. Lynch has a limited amount of time to devote to this topic and once draft brochures are ready he will make sure that the DAC has an opportunity to review them. The DAC will also need to determine the best way to distribute them to the public. Chair Roberts stated that he has been monitoring the website for the Access America grant for updated information, since there wasn't, he called their office. They explained that they did not get the money to do the contest this year. He further stated that even though there would be no contest this year, it was always the goal of the DAC to use whatever information was collected to help shape the focus of the DAC's work and goals. He would like to see the work on gathering information that would have been needed for the contest continue. 61 January 6, 2010 Chair Roberts stated that he reviewed the membership for the DAC and it should have twelve members; currently there are 8. He is particularly interested in having someone on the DAC who is blind or visually impaired. He encouraged other DAC members to submit names of people who would like to be considered for membership. He noted that he would put a article in the Finger Lakes Independence Center's newsletter to see what kind of response there might be. He stated that it would be good to have a full compliment of members, especially for any sub - committee work. Chair Roberts stated that he reviewed the last minutes and that he will schedule the Police Chief, Mayor, and Human Resources Director to attend a future meeting. Chair Roberts stated that no public service announcements (PSA) have been done regarding property owner's responsibility to remove snow and ice from their sidewalks because he has not had time to work on them. He further stated that he would make an effort to put together a PSA that includes revised code language; Vice Chair Gizewski agreed to review the draft PSA. Historic Planner and ADA Liaison Chatterton stated that she reviewed the notes from the December meeting regarding some of the DAC's objectives, goals and ideas for work in 2010 and grouped them into four different categories as follows: 1. Communication /Education to /from other city boards /committees, individuals, and other agencies regarding public forums, city staff at DAC meetings, and liaisons to /from the DAC. 2. Projects — need to develop a process to accomplish projects, sidewalks were mentioned several times, revisions to handicap parking rules, accessibility maps, remediation, survey plan, setting up forums, and developing surveys. 3. DAC Actions — where the DAC would need to go to Common Council to request an action; these actions would not be as complicated as projects. 4. The DAC itself — recruitment efforts, create a more diverse membership, and whatever the DAC needs to do to strengthen itself. Vice Chair Gizewski stated that it would be helpful to work with the Information Technology Office to update the City's website to better meet the needs of persons with disabilities and title it something like "Disability News ". The website could include information about the DAC, minutes, or accomplishments of the DAC. Chair Roberts stated that he needs to talk with City Chamberlain Parsons to see when new tickets will be printed that reflect the increased fines that Judge Rossiter agreed to for handicap parking violations. Discussion followed on the floor regarding the possibility of running some public service announcements regarding the new signage for handicap parking spaces as well as the increased fines for violators. Extensive discussion followed on the floor regarding the alley behind the Clinton House and accessibility issues that have been an ongoing problem. Chair Roberts explained the history of the renovations that have been made to the Clinton House and what input the Disability Advisory Council had on them and what input the DAC might be able to offer in the future with any renovations. Discussion followed on the floor regarding the possibility of re- evaluating certain areas in the City where accessibility needs to be improved. Education of the public regarding accessibility needs is another ongoing opportunity that the DAC and its members have as well. Discussion followed on the floor regarding the various liaisons needed between the DAC and other boards and committees. Chair Roberts stated that for now, the planning department does mail and /or provide information to him on upcoming projects so that he can provide input as needed. Chair Roberts further stated that he also feels that it is important for a planning board member to become a liaison to the DAC and attend their 0 January 6, 2010 meetings to hear discussions and obtain input on various projects that may be planned. Further discussion followed on the floor regarding new construction, existing buildings, and enforcement of ADA requirements. It was suggested that someone from the building department attend a DAC meeting in order to hear concerns about accessibility issues as building permits are reviewed in an effort to ensure complete compliance with ADA laws. It was also noted that all new construction must comply with ADA requirements. Further discussion followed on the difficulty that the DAC has in knowing who or what department their concerns should be brought to. Further discussion followed on the floor regarding the Commons redesign and accessibility on the Commons. It was noted that currently there are five stores on The Commons that are not accessible and knowing when that should be brought up or dealt with in the redesign process since the stores are not city owned. Since these are private buildings there are different requirements to meet ADA and then enforcement becomes an issue. Chair Roberts stated that way finding signs will be very important in the redesign of the Commons, especially for deaf community members; the need to consider the aging population is another factor that needs to be considered as well. Chair Roberts and Historic Planner /ADA Liaison Chatterton will meet to review today's discussion in order to develop a plan of action for the DAC and report back to the DAC at its next meeting. ADJOURNMENT: On a motion the meeting adjourned at 1:30 p.m. Sarah L. Myers Larry Roberts Information Management Specialist Chair, DAC ll