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HomeMy WebLinkAboutMN-DAC-2013-12-04DISABILITY ADVISORY COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 12:15 p.m. December 4, 2013 PRESENT: DAC Chair — Roberts DAC Vice Chair - Gizewski DAC Members: David McElrath Erin Sember -Chase Amy Scott Information Management Specialist — Myers Manager of Electronic Communications - Kronenbitter Director of Engineering - West City Planner - Kusznir Commons Project Manager - Kuo EXCUSED: DAC Members: Anderson Rappaport Scriber Alderperson Smith Review of Survey Responses: Manager of Electronic Communications — Kronenbitter provided an update on the results of the DAC survey. He will e -mail the pdf version to DAC members to review further. There were a total of 85 participants; the survey was closed on December 2nd He reviewed the format layout of the results, and explained that participants could check more than one box for different questions. In addition, participants were providing additional information based on answers to check boxes especially relating to sidewalks and snow and ice, which was a big item. Some information may not be relevant, but there is a lot of good detailed information that will require further review and evaluation. Chair Roberts stated that the DAC will need to review, in depth, the comments but in terms of public outreach; this is a good result and shows that this is a better way to obtain input from the public. Manager of Electronic Communications — Kronenbitter noted that there was better advertising for this survey than in the past. There was a press release, information was posted to the City's website on the survey, and it was in the newspaper. Chair Roberts stated that for the next survey they might want to allow for more than one box to be checked regarding place of residence and place of work. For example, someone lives in the City and works in the City too; or lives in Tompkins County and works in the City. Manager of Electronic Communications — Kronenbitter noted another issue that was brought up many times in the survey was the fact that the timing of traffic signals at crosswalks throughout the City is too short. Chair Roberts responded that Transportation Engineer Logue and his team are really well aware of timing issues with cross walks. Anecdotally with the survey results the City might be able to get the State to do something about them. He further noted that the City needs a more organized way to get specific information from the public so maybe the DAC could do another survey monkey specifically related to crosswalks and traffic signals - especially at the area near Tops and Wegmans. He further noted that Titus Tower residents probably would be more likely to respond to a paper survey rather than an online survey. In addition, staff needs the public, and the DAC to back them up when they present their cases to NYS Department of Transportation to respond to various issues under their jurisdiction. That may be a topic the DAC could discuss further on a future agenda. Vice Chair Gizewski arrived at 12:25 p.m. Disability Advisory Council Meeting Minutes December 4, 2013 Chair Roberts stated that another issue he has been thinking about is the audible cross walks along the whole stretch of Fulton Street /Route 13 because there are a lot of problems with them along that stretch of highway. He thinks that instead of bringing these items to the attention of the City's Traffic Engineer that the DAC could go directly to the State, extend an invitation to a DAC meeting to discuss issues related to traffic signals and timing of crosswalks along the Route 13 corridor in an effort to get the State to support needed changes. Chair Roberts stated that the next step in the survey process would be for someone to volunteer to go through all the comments, summarize them, and make suggestions for future agenda items for the DAC. He is sure there are certain themes that can be found in the survey. DAC Member Sember -Chase volunteered to do that. She will e -mail her summary of the survey to DAC members prior to the February meeting so they can review it and be prepared to discuss the results in more detail at the meeting. Chair Roberts thanked Manager of Electronic Communications - Kronenbitter for all his work on the survey. He noted how nice it is to work with the different departments of the city because staff is always so responsive and responsible with requests and tasks to be done on behalf of DAC. DAC Member Sember -Chase noted that there is real potential here to share some version of the results of the DAC survey with Common Council and the Mayor. Chair Roberts responded absolutely! Especially since there is significant feed back from people with disabilities about public infrastructure concerns. Commons Accessibility: Director of Engineering West, City Planner Jennifer Kusznir, and Commons Project Manager Michael Kuo joined the DAC for discussion of this topic. Chair Roberts extended a warm welcome to everyone and thanked them for coming to the meeting. Introductions were made as well. Chair Roberts provided a brief background of the topic and the reason for discussion today. He reported that he was on the Commons Client Committee, as the DAC representative. At the meetings, he raised issues regarding some stores not being accessible on the Commons from the front and /or the rear of the building. He is not advocating for rear access here. One thing he was hoping and believes can come out of the project is a decision by the City and other stakeholders that providing front access to stores is a goal that is shared, and the fact that there is plenty of potential for solutions to the access problems. He feels that working together with the various stakeholders there should be a way to determine what makes sense to be done. He feels that having several stores on the Commons remain basically non - accessible is not a good thing. There must be a way that the City and private business owners can work together to come up with a realistic and simple solution. There are also ADA requirements that need to be addressed in certain instances as well. Everyone should be able to access each store or business on the Commons, and the affected parties should be able to come to agreement on a solution. Vice Chair Gizewski stated that during the reconstruction of the Commons would be the best time to try to find solutions to the accessibility issues. Business owners need to learn about the potential financial benefits of providing accessibility, and work to support and promote accessibility for everyone everywhere on the Commons. He noted that at this time of aging baby boomers, that income from the sales to them will become one of the main sources of income for some of these businesses. Business owners need to know that not everyone will be disabled, but making everything easily accessible and accommodating for everyone will benefit everyone in a very positive way. Chair Roberts explained the public /private collaboration that has occurred during Commons Client Committee meetings as the project has progressed for the whole redesign of the Commons. It has involved both public /private, and city representatives, which was nice. People often bring up the fact that the Commons is a public space, but that the stores and businesses are private. That is a problem but there should also be a Disability Advisory Council Meeting Minutes December 4, 2013 potential solution. People go to the mall because they know they can get into every single store there. People don't come to the Commons because they know they can't get in everywhere. City Planner Kusznir responded that is a problem especially since the accessibility issues involve private property. The City is planning to send letters out to the stores and businesses that are not accessible offer them the services of Commons redesign consultant (Sasaki Associates); however, they would have to pay for the cost of the design services. At this point, City staff is not sure how to make this an attractive incentive to those businesses, and the benefit the consultant would provide to them witr alternate design suggestions to provide accessibility. DAC Member Sember -Chase noted that this proposal is a good start; however, the City is not in a good position to enforce it. She stated that the City needs to make business owners understand that it is better for them to heed the City's advice to make accommodations for accessible rather than have someone make a complaint to the Department of Justice (DOJ). If complaints are made and the DOJ becomes involved it could mean a detailed audit of their location and requirements for accessibility that are above and beyond basic ADA requirements, and thus would have more of a financial impact on them. City Planner Kusznir stated that she would encourage the DAC to draft a letter of support to that effect that could be sent to the affected businesses. Chair Roberts noted that in a lot of instances business owners think they are grandfathered in and do not have to make accommodations. The ADA law states that private entities should provide readily achievable barrier removal or be able to say why they can't remove particular barriers - i.e. it would change the nature of the business or threaten the livelihood of the business. In addition, perhaps the City Attorney could draft a letter to go along with the DAC's advice that would also include the possible consequences, financially, to business if they don't work to make accommodations and the DOJ becomes involved. Vice Chair Gizewski stated that it might be helpful to share examples of recent areas where the DOJ became involved and how much more it might cost business owners in that instance. They should be reminded that the work has to be done at some point or another, and that it would be better to do now than in response to a DOJ complaint. Show the business owner a cost analysis and encourage compliance now. DAC Member Sember -Chase noted that it might be helpful to include with the letter to business owners the publicity that comes when the DOJ becomes involved and how that might negatively impact the business. Project Manager Kuo stated that he and his staff have made one to one connections with all store owners on the Commons. They are happy to assist the DAC and to help promote the DAC's idea regarding the positive results of compliance with ADA requirements. Chair Roberts thanked Mr. Kuo for his support and for taking the time to attend today's meeting. Chair Roberts noted that he would be interested in looking at where Sasaki Associates has identified as inaccessible on the Commons. He wondered whether Sasaki or the City would make suggestions to business owners on how to meet compliance requirements. City Planner Kusznir responded that Sasaki Associates won't do the design work for free. Unless the business owners pay them for design services they won't show possible solutions. Chair Roberts questioned whether or not the City would work with the DAC regarding what possible design solutions might be. Director of Engineering West stated that having representatives from the DAC in an informal meeting setting with Downtown business owners to discuss accessibility needs would be a good thing. He stated that City staff would be happy to take part in that meeting as well. He stated that discussing the significance to the public and private entities that might be in attendance at the meeting about the positive benefits of compliance would be good. He suggested that perhaps the Commons Project Outreach Coordinator, Tammy Baker, and a member from the DAC might visit each property owner to discuss the importance of accessibility for everyone. It would be good for the DAC to hear from the individual business owners 0 Disability Advisory Council Meeting Minutes December 4, 2013 why they feel they can't comply with accessibility requirements. He noted that any work that might result from the meetings with business owners would be easier to do during construction, if the businesses were willing — especially with design changes to building foundations and access to foundations which could be done now in terms of restoration work at the front of buildings. The City would be willing to work with business owners to phase construction on the Commons, where possible as well, to accommodate their compliance with accessibility requirements. Vice Chair Gizewski noted that another incentive for businesses is that if they know the City is willing to work with them on foundation work, and the benefit, as opposed to a DOJ complaint where they will have more of an expense to comply with requirements they might be more willing to undertake the work. Chair Roberts stated that he would be willing to work with Tammy Baker to scope out meetings with downtown business members to see what those meetings might look like. He thinks another thing that is important, not just to say here are the barriers that have been identified, but there has to be ways to develop plans, funding, and so forth to address these issues. He would really like everyone to come to agreement and find solutions that work; perhaps the Downtown Ithaca Alliance could be involved as well. He does not want the discussion to end with a response that they can't make the recommended accommodations. Chair Roberts and DAC Member Sember -Chase will work with the city attorney's office to draft a letter to business owners regarding possible incentives to make accommodations. Chair Roberts stated that he would also work with and talk to Michael Kuo and Tammy Baker as well as Gary Ferguson, from the Downtown Ithaca Alliance about how to build consensus among all parties towards this goal. It will show how much the DAC cares and wants to provide access for everyone, as well as to explain what incentives, tax breaks or loans might be available as well as not involving the DOJ which would be more work and increase the cost to the business owners. Director of Engineering West suggested that Chair Roberts contact Gary Ferguson and /or City Clerk Julie Holcomb to see about becoming members of the intergovernmental relations committee of the downtown businesses association. This meeting typically includes three or four key members from the downtown business association with at least one bank represented to discuss the concerns of the DAC with these business leaders. He stated that he and /or City Planner Kusznir would be willing to go to that meeting to support the DAC efforts and show how now is a good time to do the work before the reconstruction of the Commons is completed. Approval of Minutes: Approval of the September 4, 2013 and November 6, 2013 Disability Advisory Council Meeting Minutes - Resolution By DAC Member Gizewski: Seconded by DAC Member Scott RESOLVED, That the minutes of the September 4, 2013 and November 6, 2013 Disability Advisory Council meetings be approved as published. Carried Unanimously Chair Roberts announced that the January DAC meeting will be held on Wednesday, January 8, 2014 at 12:15 p.m. in Common Council Chambers. ADJOURNMENT: On a motion the meeting adjourned at 1:30 p.m. Sarah L. Myers Larry Roberts Information Management Specialist Chair, DAC El