HomeMy WebLinkAbout12-21-11 Planning & EDC Meeting Agenda MEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
Wednesday, December 21, 2011 —6:00 p.m.
Second Floor Conference Room, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business
C. Public Comment and Response from Committee Members
D. Announcements, Updates and Reports
1. Workforce Diversity Report— Building Department
2. Commons Upgrade and Repair Project Update
3. Comprehensive Plan Update
4. Intermunicipal Planning Update
5. Dredging Update
E. Action Items
1. Divesting of City Property— impacts on planning and non-public works needs (memo
and resolutions enclosed)
a. Parcel 93.-7-3 (213 West Spencer Street)
b. Parcel 93.-7-5.1 (215 West Spencer Street)
C. Parcel 122.-2-1 (321 Elmira Road)
d. Parcel 100.-2-1.2 (South End of Cherry Street)
F. Discussion Items
G. Approval of Minutes
H. Adjournment
Questions about the agenda should be directed to Jennifer Dotson, Chairperson,
(idotson(cDcityofithaca.org or 351-5458) or to the appropriate staff person at the Department of
Planning & Development(274-6550). Back-up material is available in the office of the Department of
Planning & Development. Please note that the order of agenda items is tentative and subject to
change.
If you have a disability and require accommodations in order to fully participate, please contact the
City Clerk at 274-6570 by 12:00 noon on Tuesday, December 20, 2011.
WORI&ORCE DIVERSITY REPORT
Presented to
City of Ithaca
Planning Committee
Prepared by
City of Ithaca Building Department
Phyllis Radke
Margaret Head
December 1,2011
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Building Department Mission Statement
The mission of the Building Department is to provide the professional administration and
consistent,proper, and equal enforcement of the building,housing, and land-use laws
legislated by the State of New York and the City of Ithaca.
Members of the Building Department are committed to this task of enforcement and are
fully aware that these codes and ordinances have been legislated to protect life and
safeguard the public and that these regulations when enforced provide the minimum
standards of fire and life safety in buildings and promote the health, welfare and quality
of life that the residents of the City of Ithaca depend upon.
Current Demographics/Number of Protected Class Employees
Total Rostered Positions: 19
Total Funded Positions: 15.5
Total Current Employees: 14
Men: 10
Women: 4
Caucasians: 13
African-Americans: 1
Persons older than 40: 13
(Persons 40 and under): . 1
Because I may not know about some employees' memberships in protected classes (e.g.,
disability status),the numbers of employees in protected classes maybe greater than
those listed above. Contributing to the diversity of the Building Department are two
women working in traditionally male occupations: the Building Commissioner and a
Code Inspector.
2011 Hiring
The Department made two hires in 2011. One Workforce Diversity Selection Review
Committee meeting was necessary when we did not hire a person of color who applied
for the Electrical Inspector position. The Committee was satisfied with my explanation:
the applicant was a retiree in the State system who could not accept our full-time position
without losing retirement benefits.
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'An Equal Opportunity Employer with a commitment to workforce diversification." �`a
I failed in a 2011 attempt to actively recruit a person of color for an open administrative
position. Administrative positions are usually filled from the top three scorers in a pool
of applicants who have already passed Civil Service exams. In this instance, I identified
a promising candidate through networking and brought her on temporarily, encouraging
her to take the Civil Service test for the permanent position. Functionally, she was an
excellent fit,productive and well-liked by other staff. Sadly, she did not score among the
top three. The "Rule of Three" can be a frustrating barrier.
Hiring Practices for Diversity
Inspectors must meet specific kinds and amounts of work experience and education
requirements and must be reachable from Civil Service scores. They must also take and
pass.5 building code enforcement classes taught by the State of New York. There are'
very few applicants who are female or persons of color because the qualifications
required for the position are typically acquired in predominantly white male work
environments. Women and persons of color face barriers breaking into these work
environments.
Formerly,my approach to maximizing diversity in the workplace was an informal de-
facto on the job training program. We would hire persons who were not yet highly
skilled into entry level positions and we would then tutor and support them to foster their
ability to advance through internal promotion.
In these leaner times I cannot commit the same resources I once did into this approach.
In recent Inspector hires I have worked with HR to expand our advertising search area,
enabling us to reach larger cities for our applicant pool. Larger companies found in the
larger cities employ more women and women and men of color, giving us potential
applicants when we expand our search. I am using this approach in a current Inspector
search.
Attrition in the Next 2-3 Years
No staff has stated their intention to leave the Building Department in the next 2-3 years.
However, given that we have only one staff member under the age of 40, vacancies are
possible in this time period. In the next 5 to 10 years,I expect staff turnover to exceed
50%, including the positions of Building Commissioner and Deputy Building
Commissioner.
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2011 Building Department Workforce Diversity Effort -Attribute Selected: #4,
Accommodations for Individuals with Disabilities
Plan Development
The work in code enforcement requires working with Ithaca's general population and this
means providing our services to people that may have a physical or mental disability.
The 2011 effort developed organically from staff discussions about our inconsistent
knowledge about the American's with Disabilities Act(ADA) and the requirements
incumbent upon staff in the application of code enforcement and service when working
with people with disabilities. A particular incident spurred discussion. An inspector
working with a hearing impaired resident via email was not sure whether he needed to
bring an interpreter with him when he inspected her residence. He tried contacting a
federal ADA helpline but received vague and non-specific answers.
As a staff,we decided to bring in a trainer on the topic, and expanded the idea to include
more ways to learn about accommodating residents with disabilities in a consistent
manner.
Plan Goals
Improve our service to residents with physical and mental disabilities by better
understanding legislation that define lawful treatment of persons with disabilities and best
practices when providing services to persons with disabilities.
Plan Implementation
Engage the following to train staff about disability issues.
1) Empire Interpreting Services
2) Tompkins County Mental Health Department
3) Finger Lakes Independence Center
Use the knowledge we gain to impact how we perform our work and create policies
that will help with enforcement.
1) Empire Interpreting Services—Hearing Impaired Residents
Our first question about accommodation concerned whether we were responsible for
providing interpreter services to hearing impaired residents. We needed a review of the
1990 Americans with Disabilities Act to answer the question. Title II and Title III of this
Act govern how the Building Department must ensure equal opportunity for people with
disabilities in its enforcement and administration in State and local government buildings
and in businesses and not for profit services that are public accommodations. Title II
covers all the activities of State and local government and requires that government
provide people with disabilities an equal opportunity to benefit from all their programs,
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services and activities. (This includes but is not limited to employment,transportation,
recreation, social services, courts, voting, and public meetings.) Under Title II,the
Building Department assures through its plan review and building inspections that the
access and architectural requirements for new or altered buildings meet the access
requirements as mandated under the New York State Building Codes and the Department
of Justices' Access Standards.
Title III covers businesses and non-profit service providers that are public
accommodations. Public accommodations include but are not limited to private entities
that own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels,
movie theaters, private schools, convention centers, doctors' offices, homeless shelters,
funeral homes, day care centers,recreation centers including stadiums and fitness centers.
The Building Department's responsibility is the plan review and building inspection of
buildings being constructed or undergoing alterations for compliance with the access and
architectural standards as prescribed under the New York State Building Codes and that
code enforcement officers and property owners or operators comply with basic non-
discrimination requirements that prohibit exclusion, segregation or unequal treatment.
Under both Title II and Title III, the standard for persons with hearing impairment is
simple: we must provide our services to hearing-impaired persons such that they are not
forced to depend on hearing to get information from us that we would provide by
speaking to a hearing person. Much as we provide handicapped accessible doors for
wheelchairs, we must provide interpreters for hearing impaired persons.
Empire also taught us how best to work with an interpreter to allow the best
communication between us and those we intend to communicate with. We have adopted a
Departmental policy requiring interpreters for hearing impaired residents.
The discussion about interpretation spawned a more broad ranging discussion about
communication difficulties and we identified a subsequent diversity goal of improving
service to persons for whom English is a second language. We may not be legally
required to provide interpretation,but a commitment to diversity and inclusiveness
should go beyond meeting legal requirements.
2) Tompldns County Mental Health Department—Standards with Hoarding
The Building Department sometimes directly encounters persons with hoarding disorders
whose home environments are so crowded as to be unsafe. This can happen when
someone files a complaint about a housing violation and the inspector finds a home
occupied by a hoarder who is unable to care for the environment they inhabit or even the
ability to take care of themselves. Though we often work with Adult Protective Services
in these cases, if the property cannot be made safe quickly, we may find ourselves in the
position of posting the building as uninhabitable until conditions are improved.
We have had varying degrees of success gaining assistance in such cases. If we can get
support from Adult Protective Services we can make an agreement with this agency so
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that the person is placed in short term housing while their dwelling is cleaned up to a
level that life safety concerns are removed and the person can return to their home. Then,
hopefully, a more vigorous supervision program between the occupant and then
caseworker can be arranged so that dwelling does not reach a level where the dwelling
becomes uninhabitable again due to unsafe conditions.
After reviewing with the Mental Health Department what services can be put in place and
how they can be initiated,we identified the need for a consistent standard to be used as a
gauge to tell when a home is in good enough condition for the hoarder to return to.
Instead of each Inspector applying a subjective standard, it is more empowering for the
hoarder and their caseworker to have a written standard that can be referenced by all
persons involved.
For this reason,we adopted a policy that lists what building systems must be functional
and what other life safety objectives must be remedied to allow a person who has had to
vacate their dwelling because it was made unsafe due to hoarding activities. These
systems and life safety objectives must be remedied before the occupant can resume
living in their home. What the Building Department requires of such dwellings that are
found in unsafe conditions is that they are cleaned and repaired to a minimum standard of
safety. Once the dwelling is cleaned and repaired and the inspector permits the occupant
to resume occupying their home, it generally takes help from the caseworker to assure
that the dwelling does not return to the conditions that originally caused the dwelling to
be vacated.
Since these conditions are the result of a mental illness, we will try to make arrangements
with the support agency in charge to come and check on the occupant every couple of
weeks to make sure that the living conditions do'not return to pre-posting conditions. An
agreement can also be made with the Inspector in which the Inspector can make periodic
inspections throughout the year to assure compliance with the agreed standards of
habitability and safety.
3) Finger Lakes Independence Center
To better understand the needs and problems facing people with disabilities in general we
decided to ask Larry Roberts from the Independence Center to talk to us during our staff
meeting.
Our discussion with Larry Roberts Director of the Finger Lakes Independence Center
(FLIC) was important for a number of reasons. Staff learned the scope of work performed
by FLIC. It is another agency, like the Building Department,that works with aspects of
building code enforcement which includes enforcing State and federal laws concerning
handicapped accessibility. It is also a valuable resource to the Building Department and
other Public Agencies as well as for people with disabilities. FLIC is an advocacy center
that provides support to individuals and organizations regarding the rights and
responsibilities of the disabled.
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For individuals with disabilities,the Center provides peer counseling, lends assistive
equipment, and teaches skills such as adaptive cooking,homemaking, self-advocacy
skills, and independent living skills. It also provides information concerning eligibility
requirements for programs such as social services and Medicaid.
For agencies such as the Building Department, it provides information and referral on
accessible housing, sign language interpreters, training on a variety of disability issues,
and community outreach speakers and workshops to develop awareness about people
with disabilities. The Building Department has used FLIC consultation services in the
past.
The Building Department promotes and protects accessibility within the context of
building codes,the Finger Lakes Independence Center advocates Title II and Title III
rights guaranteed by the Americans with Disabilities Act Of 1990. Issues taken on by the
Finger Lakes Independence Center includes advocating for those rights guaranteed to
people with disabilities. Sometimes this includes pressuring businesses to comply with
Title III requirements of making the front entrance of an existing buildings accessible as
required by law because the construction of a compliant ramp is physically achievable
and to do so is within a reasonable cost to the business.
In this training,we also reviewed Title III of the ADA, as it relates to the Building
Department's responsibility for enforcing the accessibility requirements under the New
York State Building Code.
Inspectors' discussions with the FLIC representative did not result in specific policy
changes. Instead, staff took away a more in-depth understanding of the ADA's scope, as
well as a new familiarity with FLIC and how to use its services to solve disability
accommodation questions.
Indicators of Success in Meeting Goal
Policy changes for hiring interpreters and working with people who hoard material
objects were written and an outline discussing the differences between Title II and Title
III requirements for code enforcement was given to all staff. Staff has indicated their
desire for ongoing discussions concerning accommodation issues and accessibility in
staff meetings. Management has also expressed their desire for more outreach to other
agencies that provide services to people with disabilities and their housing
accommodations. Staff reports less confusion and more confidence concerning
accessibility and accommodation under the ADA.
Inclusive Environment
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Weekly staff meetings, alternating with all staff and with inspectors only are run by the
Building Commissioner and Deputy Building Commissioner to impart information and
do training. However, everyone is free to speak about topics of concern, and staff input
is included while developing policies and procedures and when hiring.A weekly meeting
is also held with the Fire Department's Code Enforcement office and Building
Department inspection staff. These meetings allow Fire and Building enforcement
personnel to exchange what buildings that both Departments may have problems and
deciding what enforcement is needed and who is doing the enforcement. These meeting
have made coordination between the two Departments much more productive and such
meeting elicits mutual cooperation and beneficial working relationships. A similar
meeting is held once a month between Building, Planning, and the Fire Department
enabling the Fire and Building Department to be cognizant of projects that are currently
under review by the Planning Department
Readying for More Diverse Workforce
Although the focus of this year's effort was primarily on customers with disabilities,the
material presented and the ensuing discussions were also helpful in preparation for
accommodating co-workers with disabilities and understanding the purpose and scope of
accommodating disabilities.
Barriers to Achieving Disability Goals.
Barriers faced in hiring a diverse group of inspectors include the rigidity of the Civil
Service"Rule of Three" and the white, male-dominated work culture of the buildings
trade which finding non-white and female Inspectors a challenge.
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108 East Green Street Ithaca,New York 14850-5690
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CITY OF ITHACA BUILDING DEPARTMENT
POLICY FILE
From Staff Meeting, Date: June 2, 2011. Meeting with Empire
Interpreting Services with Theresa Slater
Non Discrimination on the Basis of Disability in State and Local
Government Services, New Policy;
As we learned from the Theresa Slater with the Empire Interpreting
Services, people who are hearing impaired or hard of hearing are entitled to
have a hearing Interpreter present whenever a Code official is conducting an
inspection of such hearing impaired person's dwelling. Theresa Slater also
discussed the Americans with Disabilities Act (ADA) of 1990 that mandates
a comprehensive variety of public and private services be accessible to all
people regardless of disability. As a result of her discussion the following
Policy is currently in place:
During a scheduled Inspection, if an Inspector must inspect a unit
occupied by a person that is hard of hearing or is hearing impaired and
the inspection was not already prearranged for a hearing interpreter to
accompany the inspector, the inspector shall stop the Inspection and
reschedule the appointment so that a hearing interpreter hired by the
Building Department can accompany the Inspector. This will assure
that the person who is hearing impaired will understand what violations
exist and what are the required remedies.
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'An Equal Opportunity Employer with a commitment to workforce diversification." sae
28 CFR Part 35, Non Discrimination on the Basis of Disability in State
and local Government
The Department of Justice, Office of the Attorney General under 28 CFR
Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government, has made a final ruling that implements subtitle A of title II of
the Americans with Disability Act, Pub. L. 101-336, which prohibits the
discrimination on the basis of disability by public entities. Subtitle A
protects qualified individuals with disabilities fiorn the discrimination on the
basis of disability in the services, programs, or activities of all State and
local governments. It extends to the prohibition of discrimination in .
federally assisted programs established by section 504 of the Rehabilitation
Act of 1973 to all activities of State and local governments, including those
that do not receive financial assistance, and incorporates specific
prohibitions of discrimination on the basis of titles, l, I11, and V of the
Americans with Disabilities Act. This rule, therefore, adopts the general
prohibitions of discrimination established under section 504, as well as the
requirements for making programs accessible to individuals with disabilities
and for providing equally effective communications. It also sets forth
standards for what constitutes discrimination on the basis of mental and
physical disability, provides a definition of disability and qualified
individual with a disability, and establishes a complaint mechanism for
resolving allegations of discrimination.
Definition of Qualified Person:
To be protected by the ADA, one must have a disability or have a
relationship or association with an individual with a disability. An individual
with a disability is defined by the ADA as a person who has physical or
mental impairment that substantially limits one or more major life activities,
a person who has a history or record of such impairment, or a person who is
perceived by others as having such an impairment. The ADA does not
specifically name all of the impairments covered.
Q:ibd/procedures/policies/customer service
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108 East Green Street Ithaca, New York 14850-5690
..®A T BUILDING DEPARTMENT
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Telephone: 607/274-6508 F=607/274-6521
December 7, 2011
Occupant
123 Main St.
Ithaca, NY 14850
RE: Property Address
Dear Occupant:
You are being given this notice because your dwelling unit has been
posted as unsa a or uninhabitable. You can not occupy the dwelling
because it violates the New York State Property Maintenance Code and
Ithaca's "Housing Standards". In order for you to reoccupy your
dwelling, it is important for you to fully comply with the following code
requirements. When your home is compliant with these requirements and
verified by an Inspector with the City of Ithaca's Building
Department, the posting and occupancy prohibition will be rescinded.
Conditions that must be met before the dwelling can be considered
habitable:
EXITS
• Clear aisles providing accessible paths to different areas of the house,
aisles must be maintained free from accumulation of storage material
or clutter.
• The aisle width shall be a minimum of 30 inches.
• There shall be no materials stored on or blocking a fire exit.
KITCHEN:
• Items must be removed from stove tops and away from all heat
sources.
• There must be running water to kitchen sinks and the sinks shall be -
functional.
• Refrigerator and stove must be functional.
• Kitchen must be maintained in sanitary condition.
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'An Equal Opportunity Employer with a commitment to workforce diversification." Apo
• There must be adequate facilities and services for the disposal of food
waste and refuse, including equipment for temporary storage (garbage
can(s).
• All spaces to be used for food preparation shall contain suitable space
to store, prepare and serve food.
BATH
• Bathroom sink must be operational.
• Bathtub must be functional.
• Bathroom's ventilation must be operational (Fan must work or
window must open).
• Hot water heater must be functional
• Bathroom shall be maintained in a sanitary condition.
GENERAL
• All smoke detectors must be operational (as well as any smoke
detection system or suppression system or life safety devices).
• Interior (and exterior)) kept in sanitary condition.
• Pets are kept in appropriate manner and under control.
• Unsanitary conditions must be resolved. Cat boxes should be clean.
There should not be dog feces or urine soaked material in the
apartment.
• Dwelling must be free of vermin and pests.
• Combustible loads must be reduced. Eliminate heavy loads placed in
specific areas
• All garbage must be removed.
• Clothes dryer vent shall be independent of other systems,properly
vented and clear of accumulating lint.
Thank you for your cooperation.
Sincerely,
II
For the Building Department
Inspector's name
Initials
cc:
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MEMORANDUM
Date: December 1, 2011
To: Building Department Staff
From: Phyllis Radke,Building Commissioner
Re: Recap on Differences Between Requirements of Department of Justice and the
ICC Building Codes with Respect to Code Enforcement and Title lI and Title III
Buildings
Americans with Disability Act(ADA)
The Americans with Disability Act(ADA) is a Federal civil rights law that ensures equal
opportunity for people with disabilities. The ADA prohibits discrimination on the basis of
disability in employment, State and local government,public accommodations,
commercial facilities,transportation and telecommunication. It also applies to Congress.
ADA Title III: Public Accommodations
Title III covers businesses and nonprofit services that are public accommodations. Public
accommodations include but are not limited to private entities that own,lease, lease to, or
operate facilities such as restaurants, retail stores,hotels, movie theaters, private schools,
convention centers, doctors' offices',homeless shelters, funeral homes, day care centers,
theaters, funeral homes, stadiums and fitness centers. Transportation services provided by
private entities are also covered by Title III.
Public accommodations must comply with basic nondiscrimination requirements that
prohibit exclusion, segregation, and unequal treatment. They must also meet the
Department of Justine Standards for new and altered buildings. Public Accommodations
must also provide for effective communication with people with hearing,vision, or
speech disabilities. They are also required to comply with other access requirements and
remove barriers in existing buildings where it is easy to do so without much difficulty or
expense, given the Public Accommodation's financial resources.
Complaints can also be filed with the DOJ and the DOJ is authorized to bring a lawsuit
where a pattern or practice of discrimination is shown by the Public Accommodation
being grieved for failure to comply with any Title III requirement.
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'An Equal Opportunity Employer with a commitment to worldorce diversification." ��'o
Access standards that Public Accommodations must meet are those published in DOJ's
2010, or their 1991 Standards. The 1991 Standards may be used until March 15, 2012.
One problem facing Code officials that enforce Building Codes are that often the
standards they enforce are those under their State Building Code. These often meet ADA
scoping standards related to the access into and through buildings for persons with
physical disabilities that handle the who, what,why, and how many of any element that is
required to be accessible.
New York State Building Code which is the International Code (ICC) with State
enhancements also uses the nationally recognized ANSI standards as a reference standard
for its building codes. The ANSI Standards provide the technical requirements for how to
make elements accessible.
Title III: Public Accommodations
Title III of the ADA also authorizes the Department of Justice to certify that State laws
and local building codes meet or exceed the ADA Standards for Accessible Design for
new construction and alterations. This is because congress recognized the important role
that state and local building codes and standards play in achieving compliance with the
building code aspects of accessibility. Building Officials who are involved in plan review
and construction inspection process provide important assistance to construction and
design professionals through their oversight of the accessibility requirements of a
"certified" State and local Code. The ICC has reported that the Department of Justice also
provides technical assistance to jurisdictions that are in the process of adopting or
modifying their accessibility requirements and the ICC would like the DOJ's views on
whether the new proposed requirements meet or exceed ADA accessibility requirements.
The ICC has been working with the DOJ,the U.S Architectural Board and Transportation
Barrier Compliance Board,the Department of Housing and Urban Development(HUD)
to coordinate accessibility requirements found in the Americans with Disabilities Act
Accessibility Guidelines. ICC has also asked for technical assistance in evaluating the
2003 IBC for Compliance with the current ADAAG. The ICC has been officially
recognized by HUD as meeting or exceeding HUD's Standards. In addition the ICC has
been working with the Access Board throughout the development of the new ADA/ABA
guidelines for coordination between the two documents (2010 Standards). The DOJ has
reviewed the ICC 2003, 2006 and 2009 Building Codes.
It is ICC's goal to meet or exceed the requirements of these two federal laws that cover
building and facility access. However, it is difficult for building codes to make a direct
correlation between our building code and the Federal Standards primarily because the
Building Codes are designed to be put in place before a building is occupied while the
Federal Standards are written from the perspective of the building being occupied.
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Furthermore, both building codes and federal standards have exceptions for compliance
when it is technically infeasible to make an existing building accessible. When these rules
apply can differ between the building codes and the DOJ's Standard.
Fortunately as Code Inspector's when working with Title III buildings, we are only
required to enforce Access standards for compliance with New York State Building
Codes and its Reference Standards. This does not relieve the operator or owner of a
Public Accommodation from meeting the requirements of the DOJ's 2010 Access
Standard or its 1991 Access Standards.
Title II covers all the activities of the State and local government. Title II requires that all
State and local governments give people with disabilities an equal opportunity to benefit
from their programs, services, and activities. In terms of architectural barriers, that means
barriers that must be removed and achieving access standards in all State or local
government buildings.
State and local governments are required to meet the regulations found in the
Department of Justices (DOJ's) 2010 Standards, which will be mandatory by March of
2012, or the DOJ's, 1991 Standards, or the 1991 Uniform Accessibility Standards. The
DOJ states that all applicable requirements of the chosen standard must be satisfied. The
DOJ does not permit selective use of less stringent provisions from the standard not
chosen.
ICC has been working closely with the Department of Justice so that the access standards
required under the New York State Building Codes and demonstrated in the ANSI
A.117.1 Standards are identical to those of the 2010 DOJ Standards.
The DOJ states that these regulations are not the same until they independently"certify"
each State's building code meets their Access Standards. I talked to a Representative with.
the ICC's Codes division and she said it has been an on going battle with the DOJ since
2003 but that she believes our New York State Building Code is as restrictive as the
DOJ's 2010 Standards. She also told me that she believes only one or two states have the
certification from the DOJ. It was suggested that we also look at the DOJ's 2010
Standards when we are enforcing access standards in buildings belonging to the City of
Ithaca.
Complaints of Title II violations must be filed with the DOJ within 180 days of the date
of discrimination. The DOJ may bring a lawsuit where it has investigated a matter and
has been unable to resolve violations.
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ADDITIONAL APPENDIX
1) Which Standards to Follow......................................................3 pages
2) Certification of State and Local Accessibility Requirements...............3 pages
3) ADA Build it Right...............................................................2 pages
4) Building Codes and Accessibility Requirements..............................4 pages
5) Most Common Construction Errors.............................................2 pages
6) Collection of Resources..........................................................5 pages
Which Standards to Follow Page 1 of 2"
Which Standards to Follow
ADA standards I Guidelines and 3andards I Home
The Department of Justice(DOJ)and the Department of Transportation(DOT)maintain ADA standards that are based on minimum guidelines Issued by the
Access Board.The standards apply according to the type of facility:
• Places of Public Accommodation and Commercial Facilities(Private Sector) '
• State and Local Government Facilities
• Transportatlon Facilities
Federal facilities are subject to similar standards under the Architectural Barriers Act(ABA).
Places of Public Accommodation and Commercial Facilities(except transportation facilities)
DO]regulations Issued under title III of the ADA(28 CFR Part 36,Subpart D)currently allow use of either:
Q-
or
DO]'s 2010 Standards 003's 1991 Standards
mandatory starting March 15,2012 usable until March 15,2012
Note:All applicable requirements of the chosen standard must be satisfied.DO]does not permit selective use of less stringent provisions from the standard
not chosen.
State and Local Government Facilities(except transportation facilities)
DO]regulations issued under title II of the ADA(28 CFR Part 35,see§35,151)currently allow use of either:
or or
DO3's 2010 Standards DOTS 1991 Standards Uniform Federal AccreedbiTity Standards
mandatory starting March 15,2012 (excluding the exception for elevators) (an existing option to the 1991 standards)
usable until March 15,2012 usable until March 15,2012
Note:All applicable requirements of the chosen standard must be satisfied.DO]does not permit selective use of less stringent provisions from the standards
not chosen.
Transportation Facilities _ -=•'�
Transportation facilities,including bus stops and stations and rail stations,are subject to DOT's ADA standards
and regulations.These facilities must meet the DOT's updated standards(2006).
See DOT's notice Implementing these standards and its ADA regulations(49 CFR Part 37)for further _
Information. -
http://www.access-board.gov/ada/using-standards.htm 11/22/2011
Which Standards to Follow Page
DDT's 2006 Standards
Technical Assistance
For technical assistance,contact:
It U.S.Access Board '
0 phone: (800)872-2253 (voice)or(800) 993:2822(TiY),weekdays 10:00- 5:30 ET(except Wednesday)
y l y e-mail:ta0access-board.uov
hbks� .�n4t fax: (202) 272-0081
ADA standards I Guidelines and Standards I Home
Accessibility Into rage .
o Emergency,evacuation.The IBC addresses how to evacuate everyone out of a building in an
emergency.This new release tells how the International Codes comply with a court ruling on emergency
evacuation for persons with disabilities.
o Building,Cod es,and Accessibility.Requirements.This brochure explains
the purpose of building codes and how the International Building Code addresses accessibility.
o Accessible Means of Egress.The ADAIABA Guidelines reference the IBC for accessible means of
................................................................
egress.What does this mean?This brochure will tell you. ',
How does the IBC work with the FHA?
The 2006 IBC is a'safe harbor'document for complying with FHA's accessibility requirements.This means the
IBC meets or exceed the requirements in the FHAG.So if a building complies with the 2006 IBC,it complies with
the FHAG.
0 200.611.3C meets FHA accessibility_requirements_The U.S.Dept.of Housing and Urban Development
..1.. _...........................................c.'s.._.........._......
evaluated the 2006 International Building Code and found that the IBC meets FHA accessibility
requirements.
o Finai Report of the HUD Review.The Final Report of the HUD Review of the Fair Housing
Accessibility Requirements in the 2006 International Building Code(IBC).
o .. ............._........................._......._..._............._............__.......
(NAHB)explains the importance of coordinating the IBC with FHAG.it originally appeared in the
July/August 2004 issue of Building Safety Journal.
e Fair Housing Act Design Manual.Published by HUD,the Fair Housing Act Design Manual:A Manual
to Assist Designers and Builders in Meeting the Accessibility Requirements of The Fair Housing Act
offers guidance on compliance.Order a copy or download the full text.
Mostjurisdictions update their building codes on a regular basis.Therefore,as new technologies and accessibility -
provisions are incorporated into the IBC and adopted byjurisdictions,they are built into new construction. _
<Return to the first page
>Continue to the third page
J International Coders
NPwConiesfora Changing World.
ADA Certification of State and Local Accessibility Requirements Page 1 of,:)
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� �� �
ADA Certification of State and Local Accessibility Requirements
Newly Constructed and Altered Buildings and Facilities
Title III of the ADA authorizes the Department of Justice to certify that State laws, local building codes, or
similar ordinances meet or exceed the ADA Standards for Accessible Desig n for new construction and
alterations. Title III applies to public accommodations and commercial facilities, which include most private
businesses and non-profit service providers. Examples of covered businesses are restaurants, banks and
commercial lending institutions, movie theaters, stadiums, grocery and convenience stores, health care
facilities and professional medical offices to name a few.
Congress, by authorizing the certification of State and local accessibility requirements under title III,
recognized the important role that state and local building codes and standards may play in achieving
compliance with the building-related aspects of accessibility. State and local building officials who are
involved in plan approval and construction inspection processes may provide important assistance to
construction and design professionals through their oversight of the accessibility requirements of a
certified State or local code.
And, in any legal challenge that might be brought under the ADA to facilities constructed in compliance
with an ADA certified code, compliance with the certified code constitutes rebuttable evidence of
compliance with title III of the ADA. The benefits of certification are not limited, however, to potential ADA
lawsuits.
Why is Certification Important?
Voluntary compliance is an important component of an effective strategy for implementing title III of the
ADA. Private businesses that voluntarily comply with ADA accessibility requirements help to promote the
broader objectives of the ADA by increasing access for persons with disabilities to the goods, services,
and facilities available in our respective communities. Certification facilitates voluntary ADA compliance by
assuring that certified State and local accessibility requirements meet or exceed ADA requirements. In
this regard, business owners, builders, developers, architects, and others in the design and construction
industry are benefitted because, once a code is certified, they can refer to certified code requirements and
rely upon them for equivalency with the ADA.
Certification of a state or local accessibility code also allows business owners, builders, developers, and
architects to rely on their state or local plan approval and building inspection processes for assistance with
ADA compliance through the implementation of certified accessibility requirements. Should a mistake
occur in the design or initial construction phase of a project, the mistake can be identified early through
the plan approval and inspection processes and corrected at a time when adjustments can easily be
made and the costs for doing so remain low. In this manner, State and local building code officials in
jurisdictions with an ADA-certified code can play an important role in checking to determine whether
accessibility requirements have been met. Finally,jurisdictions that provide accessibility "check points'
such as those described above through the implementation of a certified code provide a significant benefit
to private industry and an incentive for growth and development.
http://www.ada.gov/celtcode.htm 11/22/2011
ADA Certification of State and Local Accessibility Requirements Page 2 of 3
t
1
t�" I
AaADA certification - Question of the Month
Overview of the Certification Process
Technical Assistance For State and Local Governments
The Department of Justice provides technical assistance to jurisdictions that are in the process of
adopting or amending their accessibility requirements and would like our views regarding the extent to
which the proposed requirements comply with or exceed ADA accessibility requirements. To obtain
technical assistance, the jurisdiction should submit a written request to the Department along with the
proposed accessibility requirements and any appropriate supporting materials (for example, information
concerning any model code or statute on which the proposed requirements are based; copies of any
statute, standard, or regulation referenced in the proposed requirements; and any relevant manuals,
guides, or other interpretive information about the proposed code or about provisions of the proposed
code that are carried over from a pre-existing code or requirement).
The same Department of Justice staff who review certification requests for finally enacted accessibility
requirements will undertake a review of the proposed code for technical assistance purposes only. ADA
certification, however, can only be granted for finally enacted codes and requirements that are capable of
administration under State or local law.
Technical Assistance For Model Code Organizations
The implementing regulations at 28 C.F.R. 36.608 provide for requests from model code organizations for
guidance from the Department of Justice regarding the consistency of model codes with ADA accessibility
requirements. The ADA does not authorize the Department, however, to certify model codes and
standards.
Certification Requests From State and Local Governments
Throughout the certification review process, Department of Justice staff provide assistance and guidance
to representatives of State and local governments that request certification of their accessibility
requirements. Upon receipt of a complete certification submission, a team of experienced staff(architects,
accessibility specialists and attorneys) undertake a detailed comparison of the submitted accessibility
code to the title III requirements for the design, construction, and alteration of buildings and facilities,
including the ADA Standards for Accessible Design. The staff may contact submitting officials during this
process to gain additional information about the correct interpretation and application of the submitted
code. Prior to making a preliminary certification determination, the Department often provides written
technical assistance to submitting jurisdictions. In its technical assistance letter, the Department could
point out provisions of the submitted code that raise concerns or questions about equivalency with the
ADA, and may suggest possible changes or revisions to achieve compliance with the ADA. Once a
preliminary determination is made that a submitted code meets or exceeds ADA requirements, the
submitting jurisdiction is notified, members of the public, including persons with disabilities, are notified,
and the public is provided an opportunity to comment. If the preliminary determination of equivalency is
sustained, the Department will issue a certification of equivalency.
How to Request Certification
To request certification, a jurisdiction should provide the Department with a written request that complies
with the specifications in the title III implementing regulations, subpart F at 28 C.F.R. 36.601 et. seq.
http://www.ada.gov/certcode.htm 11/22/2011
ADA Certification of State and Local Accessibility Requirements Page 3 of 3
Summary of the certification submission requirements, copies of certification-related forms and a more
detailed description of the certification process.
ADA Home Page ADA Publications ( Enforcement Site Map Search
last updated July 25,2003
http://www.ada.gov/certcode.litm 11/22/2011
ADA Build Enforcement and Scoping Page 1 of 2
ADA Build-it-Right
Enforcement and Scoping
The specifications are the easy part,much more complex is who enforces the specifications, and which
specification applies to which facility or building (scoping). Scoping is so complex that it is important to
rely on code and design professionals. (Scoping is finding out which class of specification(or code)
applies to your specific construction project). Incorrect scoping.is a common pitfall of inexperienced
disability advocates. When one complains it is important to be accurate in which specification document
(code) applies to the facility in question.
Generally the ADAAG specifications are enforced by the US Department of Justice (DOJ) from a
discrimination/civil rights viewpoint. Unless the ADAAG is specifically referenced by state and local
codes it IS NOT enforced by local building officials.
The state and local codes are enforced by local building officials for new construction and major
remodeling. And the enforcement period is short -- from the initial plan review before the building
permit is issued and.ends soon after the final inspection is completed and the occupancy permit is issued.
Enforcement tends to be better in new construction.
There is a gap in enforcement after final inspection until any complaints are filed with the US DOJ. In
many cases minor modifications and reconfiguration may occur without obtaining a building permit that
cause a facility to be out of compliance with the specifications.
Local Building Official Enforcement:
For new construction this is the most effective enforcement since the facility cannot obtain the final
occupancy permit until all code issues are signed off. However the building inspectors are very busy and
have varying knowledge about the disability access portion of the building codes. Since access is about
2-3% of the complete inspection job errors can slip through. (ADA Build it right is dedicated to reducing
disability access inspection errors).
I have had good luck with my local building officials in correcting errors even soon after the project
received final inspection. But the best time to catch inspection omissions is before final inspection since
the inspectors have maximum power before the occupancy permit is issued.'Individual citizens calling
the building department about a project must be specific and accurate in when communicating.
U.S. Department of Justice Enforcement:
Any individual may file a complaint with the US DOJ. ADA Build it Right strongly suggests that you
first contact the manager of the facility and in a friendly tone talk about the issue and see if it can be
resolved locally.
Complaints about violations of Title II by units of State and local government or violations of Title III
by public accommodations and commercial facilities (private businesses and non-profit service
providers) should.be filed with the Department of Justice. If you file a DOJ complant, it is strongly
reconnnended that you specify the ADA Mediation Program. Through this program, the DOJ refers
appropriate ADA disputes to mediators at no cost to the parties. The mediators in the Department of
Justice program are professional mediators who have been trained in the legal requirements of the ADA
by the Key Bridge Foundation. The Department's program has already resolved many ADA disputes
quickly and effectively.
h+tn•!/a`lahnil�7 rnm/FnfmrPmt�nt-Srnnina him] 11/22/2011
ADA Build Enforcement and Scoping Page 2 of 2
All complaints result in a letter to the facility in question from the DOJ stating that a complaint has been
filed and requests the site to voluntarily do what,is necessary to comply with the specification in
question.
The complaint is filed in an DOJ database which is analyzed for persistent patterns of non-compliance
by an organization or class of facility. Blatant non-compliance is aggressively investigated and
prosecrtted. Mediation is used first. Usually both parties reach a 'consent agreement" where specific
compliances are completed on a schedule rectifying. hi rare cases a consent agreement is not reached in
which case the courts will adjudicate.
Consent agreements make interesting reading. http://VA w.usdoj.aov/crt/ada/settlemt.htm Sometimes
finding a consent agreement on a specific issue and informing the non-compliant party will get action
more directly.
More Details are available at the following links.
Americans With Disabilities Act Accessibility Requirements
DOJ Guide to Disability Rights- a brief description of the categories of facilities the federal laws cover.
httn://adabuild.com/Enforcemeit-ScoDinff.html 11/22/2011
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04/07/1999 11:36 518-473-6005 OAPWD PAGE 11
- gage t w,a
rk
Most Common Constuction Errors
The Current Most Common Constructzon Ertrors under ADAAG(The AAA Stnndards
van Terry Associates tvould like to thank the fallowing contrlbutora to this
x{cy to Trequency Codes below curve ;
Gail Austin Susan Tusick
1.0 Almostlways always ong
Kef'I�atz
2.0 Almost always wrong Julee Hanks
Peterson
Shannon McGuzxan "Aon 1"lanks
3.0 Usually wrong Madison Mitchell rim Terry,A1A
4.0 Often wrong Mark J.Mazz,AIA pan Woosley,AIA
5,0 Sometimes wrong sieveMcCornuck,LA
Ref. Fmq. ADAAG Sect. Common Error
No.
303 (A) (I} & Misunderstanding ADA liabilities of contractors("...failure to design.
1 2.2 2) construct, alter, ... or maintain...")
2 _J 7,7 4.01.2 (1 & (2) naceessl c walks between buildings on one site
2.1 4.01.2 (7)+++ Compliant signage not provided at all locations re aired by the ADA
Improper rnix of standard height and low("accessible")drinking '
4 2.9 4.01.3 (10) fountains
Controls and operating mechanisms such as thermostats mounted
Fs— 2.8 4.01.3 (13) outside reach ranges s ecified
3 8 4 0i 3 (2)/ Boor closers that protrude below 80 inches AFF (exlcluding control
4.04.2 arm)
7 2 8 4.01,3 (7)/ ound door knobs on employee-only doors
4.03.9
o directional signs to accessible entrances from inaccessible
8 2.3 4.01.3 (8)(d) entrances -
Alterations to primary function areas without work on a path of travel I
9 �2.8 4.01.6 (2) servin the altered area
Toilet room/stall coat hooks and other accessories mounted outside
10 2.1 4,02.5/4.02.6 reach van es —
'xit stairs serving areas of refuge with less than 48 inches char
11 3.0 4,03,11.3 between handrails
Walks with running slopes>5%not treated as ramps with proper
12 ,2.8 4.03,7 rails, edge Protection, etc.
13 2,7 4.03.7 Walks or curb ramps with cross slope>2%
53 plaza, atio and poolside walks with more than 26/.cross slope
arking spaces,ramps and curb ramps constructed with irregular
15 3.6 4.03.7/4.03.8 surfaces
- alks or curb ramps with vertical joints more than 1/4 inches vertical
16 2.9 4,03.8/4.05.2 rise or 112" beveled
Counters & cabinets that protrude into an accessible route or
17 3,5 4.04 circulation path>4 inches
http://www.aJan �Ty.
cont/ada info/info/coerrors.himl 3122/99
04/07/1999 11:9b Dte-4(O-OCIJ°J
Wall-hung protruding ect hazards along circulation paths(fire
obj
18 3,0 4,04.1 extin uishers,boxes etc•
19 3.3 4.04,2 Stairs and escalators with unprotected undersides
20 4,1 4,05.1 Floor surfaces installed which are not stable,firm and sli -resistant
21 3.9 4.05.1./4.05.2
to floor drains
Accessible park n area s
22 2,7 4,06.3 ttot°/raded to within 2%of level
es not stri ed ro erly
23 3.3 4,06.3 Accessible arkin spac
sin one-
Diagonal.accessible parking spaceway lots without access. i
24 2.$ 4.06.3/Fig- 9 aisles for both assengex and driver
5 3.3 q 06 4 Vertical signs not provided at accessible arkin .s aces
2
2 3•2 4.07,2 Curb ram s with steeprunning slo e>8.33%
27 2.5 4.07 5 Curb ram s with stee flaired sides>10°I°
28 3.3 4.08A 12amps with$to ed and/or im roperiy sized landings
29 2.8 4.08.5 o handrails on ramps,or handrails on one side only.
30 3,7 4.09.3 Stairs with non-compliant nosing profiles
31 15 4.09A stairs wtith raiGn s that axe not continuous on the interior side
Impro erly ad'usted and l or hi h-spee
32d door closers
3g 32,6 6 413 6 4.13.10 Fritrance doors without a level a roach
Doors with limited maneuvering clearances at partitions,stairs,
34 3.0 4,13.6 casework,millwork, etc,
35 4.3 4-1319 oor hardware mounted too higii—
Standard-height drinking Fountains wh}oh require�5#of force to
36 3,8 4.15.4/4.27.4 operate
37 2,8 4.16.4/4.17 6 Imp h controls emounted tent of tothen._
o row b?ffs at lside of the accessible 3.0 stall
� -----
4.16/Fig. 28 & Toilets not centered 18"From adjacent wall
39 3.4 30
40 3,4 4.19.21Fig. 31 Lavatories mounted with insufftcient knee clearances underneath
41 2 8 419 4 n rotected lavato ipes in toilet rooms
42 2,5 4.20l4.21 Im ro er tub and/or shower installations
Accessible toilet rooms with inaccessible accessories(dispensers
43 2.9 4.22.7/4.23.7 mounted too h} h, etc.)
fire alarm systems without sufiichet or proper visual alarm signalling
44 2.8 4.28 devices
q5 2,5 4,30.6 Impro er lacementofsigns
is or with sloping areas
I 4,31.2 3. xelephones mounted at the wrong hahgh
46 I3,7 underneath
47 3,5 4.31.4 Tele hone cabinet or shelf units mounted as Wolf, din object hazardsf
48 3.5 q 31 5 Insuftielent tele hones with volume controls
Sales and l or information counters which do not have an accessible
49 1.9 7.2 section
•o el!J."Jot®1 rooms whioh do not rovlde 32" clear width into tiDd
n e non- >;61s Sues rno•+na . 22/99
I p://www,ev ante tiy,contlada in o utto/c exrors. tm"C'
A Guide to Disability Rights Laws Page 11 of 12
U.S.Architectural and Transportation Barriers Compliance Board
1331 F Street,N.W., Suite 1000
Washington,D.C. 20004-1111
www.access-board.gov
(800)872-2253 (voice)
(800)993-2822 (TTY)
General Sources of Disability Rights Information
ADA Information Line
(800)514-0301 (voice)
(800)514-0383 (TTY)
www.ada.gov
Regional ADA and IT
Technical Assistance Centers
(800)949-4232(voice/TTY)
www.adata.org
Statute Citations
Air Carrier Access Act of 1986
49 U.S.C. §41705
Implementing Regulation:
14 CFR Part 382
Americans with Disabilities Act of 1990
42 U.S.C. §§ 12101 et seq.
Implementing Regulations:
29 CFR Parts 1630, 1602(Title I,EEOC)
28 CFR Part 35 (Title II,Department of Justice)
49 CFR Parts 27, 37,38(Title II,III,Department of Transportation)
28 CFR Part 36 (Title I1I,Department of Justice)
47 CFR§§64.601 et seq. (Title IV,FCC)
Architectural Barriers Act of 1968
42 U.S.C. §§4151 et seq.
Implementing Regulation:
41 CFR Subpart 101-19.6
Civil Rights of Institutionalized Persons Act
42 U.S.C. §§ 1997 et seq.
Fair Housing Amendments Act of 1988
42 U.S.C. §§3601 et seq.
littp://www.ada.gov/cguide.htm 11/15/2011
A Guide to Disability Rights Laws Page 12 of 12
Implementing Regulation:
24 CFR Parts 100 et seq.
Individuals with Disabilities Education Act
20 U.S.C. §§ 1400 et seq.
Implementing Regulation:
34 CPR Part 300
National Voter Registration Act of 1993
42 U.S.C. §§ 1973gg et seq.
Section 501 of the Rehabilitation Act of 1973,as amended
29 U.S.C. § 791
Implementing Regulation:
29 CFR§ 1614.203
Section 503 of the Rehabilitation Act of 1973,as amended
29 U.S.C. § 793
Implementing Regulation:
41 CFR Part 60-741
Section 504 of the Rehabilitation Act of 1973,as amended
29 U`S.C. §794
Over 201mplementing Regulations for federally assisted programs,including:
34 CFR Part 104(Department of Education)
45 CFR Part 84(Department of Health and Human Services)
28 CFR§§42.501 et seq.
Over 95 Implementing Regulations for federally conducted programs,including:
28 CFR Part 39(Department of Justice)
Section 508 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 794d
Telecommunications Act of 1996
47 U.S.C. §§255,251(a)(2)
Voting Accessibility for the Elderly and Handicapped Act of 1984
42 U.S.C. §§ 1973ee et seq.
last update:February 16,2006
litti)://www.ada.gov/cp-uide.htm 11/15/2011
Department of Justice ADA Guide for Small Towns Page 28 of 31
at each location must be accessible
Footnote
2 Private vendors and contractors should follow the ADA title III regulations which cover goods and services provided by
private companies.For more information,see the ADA Guide for Small Businesses.
artThree: Resources
Department of Justice ADA Information
To help State and local governments, including small local governments,understand and
comply with the law,the Department of Justice established a technical assistance program
to answer questions about the ADA. The Department of Justice has a toll-free ADA
Information Line that provides access to ADA specialists during business hours. The ADA
Information Line also provides twenty-four hours a day access to a fax-on-demand system
for technical assistance materials that permits a caller to have the document sent to them by
fax. Orders for publications sent by mail may be made twenty-four hours a day on the
Information Line's voice mail system.
ADA Information Line-- 800-514-0301 voice and 800-514-0383 TTY
Another important source of ADA information is the Department's ADA Home Page on the
World Wide Web. This extensive web site provides access to ADA regulations, all
Department ADA technical assistance materials, including newly-released technical
assistance material,proposed changes in the ADA regulations, and access to Freedom of
Information Act materials including technical assistance letters. The web site also provides
links to other Federal agencies with ADA responsibilities.
ADA Home Page--www.ada.gov
The ADA and City Governments: Common Problems
A 9-page publication that compiles common problems with Title II compliance.
ADA Regulation for Title II, as printed in the Federal Register (7/26/91)
The Department of Justice's regulation implementing title II, subtitle A, of the ADA,which
prohibits discrimination on the basis of disability in the services,programs, and activities
provided by towns.
Title II Technical Assistance Manual (1993) and Supplements (Spanish edition available
by mail)
A 30-page manual explaining what State and local governments must do to ensure that their
services,programs, and activities are provided to the public in a non-discriminatory manner.
Gives practical examples.
1,m w//Axn m7 ndn anv/emtmxm htm 11/22/2011
Department of Justice ADA Guide for Small Towns Page 29 of 31
Department of Justice ADA Mediation Program
A 8-page publication describing the Department's ADA mediation program including
locations of ADA mediators, and examples of successful mediation efforts.
ADA Regulation for Title I1I,including the ADA Standards for Accessible Design.
ADA Information Services
A 2-page list with the telephone numbers and Internet addresses of Federal agencies and
other organizations that provide information and technical assistance to the public about the ,
ADA.
Enforcing the ADA: A Status Report from the Department of Justice
A quarterly report providing timely information about ADA cases and settlements,building
codes that meet ADA accessibility standards, and ADA technical assistance activities.
Commonly Asked Ouestions About the ADA and Law Enforcement
A 13-page publication explaining ADA requirements for ensuring that people with
disabilities receive the same law enforcement services and protections.
Access for 9-1-1 and Telephone Emergency Services
A 10-page publication explaining the requirements for direct, equal access to 9-1-1 for
persons who use teletypewriters (TTYs).
ADA Guide for Small Businesses
A 15-page booldet for businesses that provide goods and services to the public.
Other Federal Agencies and Federal Grantees Providing Information
Department of Transportation
Department of Transportation offers technical assistance on ADA provisions applying to
public transportation.
ADA Assistance Line for information,
questions and complaints
888-446-4511 (voice) --TTY: relay service
202-366-2285 (voice) --202-366-0153 (TTY)
Transportation- documents and questions
202-366-1656 (voice) --TTY: use relay service
Transportation-legal questions
202-366-4011 (voice) -- TTY: use relay service
Internet address --www.fta.dot.gov
httw//xxnxnxx aria rznv/emtnxxm Htm 11/2.2./2011 '
Department of Justice ADA Guide for Small Towns Page 30 of 31
Equal Employment Opportunity Commission
Equal Employment Opportunity Commission offers technical assistance on the ADA provisions
applying to employment; also provides information on how to file ADA complaints.
Employment- questions
800-669-4000 (voice) -- 800-669-6820 (TTY)
Employment- documents
800-669-3362 (voice) -- 800-800-3302 (TTY)
Internet address --www.eeoo,gov
Access Board
Access Board (or Architectural and Transportation Barriers Compliance Board) offers technical
assistance on the ADA Accessibility Guidelines.
Documents and questions
800-872-2253 (voice) -- 800-993-2822 (TTY)
Electronic bulletin board -- 202-272-5448
Internet address --www.access-board.gov
Department of Housing and Urban Development
Fair Housing.Act: for questions or publications call Department of Housing and Urban Development.
Fair Housing accessibility questions
202-708-2333 (voice) --202-708-4112 (TTY)
Fair Housing publications
800-767-7468 (voice) --TTY: use relay service
Internet address --www.hud.gov
Disability and Business Technical Assistance Centers (DBTACs)
Department of Education funds ten regional centers to provide technical assistance on the ADA.
800-949-4232 (voice/TTY)
Internet address -- www.adata.org
i
Job Accommodation Network
httn://www.ada.Qov/smtown.htm 11/22/2011
®� IT1I,1C_ CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274-6530 Fax: 607/274-6587
To: Jennifer Dotson
From: Tom West, Assistant City Engineer
Date: November 17, 2011
Re: Divestiture of City-owned land
Proposal to divest
As a partial, but significant, mitigation for the City's financial crunch I have proposed that
the City divest of certain properties that are not utilized and have market value. The object
of this strategy is to reduce maintenance costs, generate income from the sale of the
property, return the property to the tax base and provide an opportunity to create jobs. On
October 19 1 presented approximately a dozen such properties. At the suggestion of Mayor
Peterson, the Board was asked to consider five properties.
Process
As I understand the process divestiture can be initiated at the recommendation of the
Superintendent. Based upon the Superintendent's recommendation, the Board of Public
Works considers whether there is a public works need for the property. If the BPW
determines that there is no public works need for the property the Board can recommend
divestiture to the Common Council. Council can then decide to divest of the property.
Disposal
Disposal of the property can happen in a number of ways. The property can be auctioned,
it can be sold to an individual at a negotiated price or it can be transferred to the Ithaca
Urban Renewal Agency for disposal. Each method has merits depending upon the
property and the end result that the City wishes to achieve. Each property should be
appraised and may require an updated survey or subdivision.
Properties considered by the BPW
The BPW is in the process of considering five properties; they are:
• 213 West Spencer Street
• 215 West Spencer Street
0 321 Elmira Road
• 700 block East Seneca Street
Cherry Street extension
The total assessed value of these five properties exceeds $1 ,000,000. If simply returned
to the tax roll these properties would generate $12,600 per year after sale. In some cases I
believe the assessed value exceeds the market value and in others it underestimates the
"An Equal Opportunity Employer with a commitment to workforce diversification."
market value. Given the development potential of these properties I think we could expect
a significantly greater property tax return that could make a significant dent in our financial
problem.
Public concern
There is no doubt that the public has deep concerns over the City's financial well-being.
Our constituents have an equally strong concern that government be a good steward of
public assets. A big concern is that the property should be developed in the best interest of
the community. This is important but we can not let our concern prevent us from making
good decisions. We can control the development of a property in a number of different
ways.
Method of sale
Properties can be disposed of by public bid. Interested parties can submit sealed bids for a
property and the bids opened in public. The highest bidder wins. This process can require
a minimum bid based upon a current appraisal. In the case of the Cataract (Fall Creek)
Fire Station bidders were required to include a description of their intention with the bid as a
qualification to bid. We can include deed restrictions which preclude certain uses of the
property to be conveyed. We can also rely upon zoning to limit the kind of development
allowed.
We can negotiate directly with an individual in cases where there is a direct relationship
between the buyer and the property which is for sale. For instance, I understand that we
could negotiate with the owner of a property if we were selling the immediately abutting city
land. This would be useful in disposing of pieces of right of way that are of no use to the
public but which are being used (by license) by the abutting owner. Again, we would rely
upon a current appraisal to set the price.
We can work with the Ithaca Urban Renewal Agency to achieve the kind of use that the
City intends. IURA can issue a request for proposals that will include a variety of criteria for
the project. These may include type of development, job creation, disadvantaged business
enterprise opportunities, targeted housing needs, etc. This process has been utilized
successfully many times in Ithaca.
There are likely other methods of sale that Planning and Development could propose.
Resolution: Parcel 68.-2-9.2
Whereas, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the 700 block of
East Seneca Street, and
Whereas, the aforementioned parcel was obtained by the City as an opportunity to acquire
green space, and
Whereas, the Superintendent of Public Works has indicated the parcel is not currently used for
City public works functions or purposes, and that the Superintendent does not anticipate a
need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 68.-2-9.2, unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
700 block East Seneca Street, Tax parcel 68.-2-9.2
This 0.17 acre parcel was acquired by the
City in 1982. The parcel is zoned R-3A.
The assessed value of the land is $50,000.
The parcel has remnants of a sidewalk and
play structure once part of the school. The
sidewalk runs from the North West corner
of the property to the center of the property
where it ends in an abruptp drop. The ..
antiquated playground equipment
constitutes an attractive nuisance and has
not apparently been maintained in
decades. The East side of the property
has some mature trees. The West side of
the property is used for parking by the
neighboring property without permission.
The parcel is abutted by multi-unit _
residential structures on similarly sized -
parcels. 705 East Seneca Street has an
assessed value of $400,000 which
generates approximately $5000 in property
taxes.
Revised 11/17/11 , tww - r `
Resolution: Parcel 93.-7-3
Whereas, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street, and
Whereas, the aforementioned parcel was obtained by the City with the intention of widening
West Spencer Street to accommodate two-way vehicular traffic, and
Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not
currently used for City public works functions or purposes, and that the Superintendent does
not anticipate a need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
Resolution: Parcel 93.-7-5.1
Whereas, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street, and
Whereas, the aforementioned parcel was obtained by the City with the intention of widening
West Spencer Street to accommodate two-way vehicular traffic, and
Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not
currently used for City public works functions or purposes, and that the Superintendent does
not anticipate a need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 93.-7-5.1 , unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
213 West Spencer Street, 215 West Spencer Street; Tax parcels 93.-7-3, 93.-7-5.1
These two properties are 0.47 acre
acquired by the City for widening West
Spencer Street to two lanes. The parcels
are zoned R-3b. The combined assessed
value is $124,000. _
R !
A
Prior to acquisition by the City the smaller
parcel had a single family wood frame
residence and the larger parcel had a 12 r"
unit wood frame apartment building. The -
parcels have street frontage on West —
Spencer Street as well as South Cayuga
Street. Although the property has a
dramatic elevation difference from
Spencer to Cayuga this did not preclude
its earlier uses.
220 West Spencer has a multi-unit
residential structure on a 0.21 acre parcel.
It has an assessed value of $350,000 r
which generates approximately $4,000 in ��
property taxes.
Update:
The Board of Public Works determined that these properties are not needed for City of
Ithaca public works purposes on November 9, 2011 . The City has already received
inquires regarding purchase of these properties.
Revised 11/17/11 , tww
Resolution: Parcel 122.-2-1
Whereas, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and
Whereas, the aforementioned parcel was obtained by the City with the intention of operating a
sewage pump station, and
Whereas, the Superintendent of Public Works has indicated the parcel is no longer used for
City public works functions or purposes, and that the Superintendent does not anticipate a
need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 122.-2-1 , unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
321 Elmira Road, Tax Parcel 122.-2-1
This 0.4 acre parcel is situated on the south
side of Elmira Road between Friendly's
Restaurant and the Honda dealership. The
parcel has an assessed value of $189,000. `
The small brick sewage pump station on this ., ,
parcel was recently de-commissioned. The ,
parcel has a curb cut on Elmira Road. There AM1
is a drainage ditch on the north side of the
property.
Update:
The Board of Public Works determined that this property is not needed for City of
Ithaca public works purposes on November 15, 2011 .
Revised 11/17/11 , tww
Resolution: Parcel 100.-2-1 .2
Whereas, the City of Ithaca owns parcel 100.-2-1 .2 located at the south end of Cherry Street,
and
Whereas, the aforementioned parcel was obtained by the City with the intention of expanding
the Cherry Street Industrial Park, and
Whereas, the Superintendent of Public Works recommends reserving a 40 foot wide
temporary (construction) easement and a concurrent 20 foot wide permanent easement for
extension of utilities, and
Whereas, the southerly portion of parcel 100.-2-1 .2 contains two designated wetlands of 0.45
acre and 0.32 acre, and
Whereas, the Superintendent of Public Works recommends reserving a twenty foot wide
easement for the purpose of extending a pedestrian path, concurrent with the aforementioned
utility easements, and
Whereas, the Superintendent of Public Works has indicated that, with the aforementioned
exceptions, the parcel is no longer used for City public works functions or purposes, and that
the Superintendent does not anticipate a need to use this parcel for any such purpose in the
foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of approximately 6 acres of the northerly portion of parcel 122.-2-1 , unless its
continued ownership by the City is needed in order to serve a non-public works function or
purpose.
Cherry Street, Tax Parcel 100.-2-1 .2
The parcel at the end of Cherry Street contains 8.25 acres and is assessed at
$825,000. The property is bounded on the east by railroad property and on the west
by lands abutting Cayuga Inlet. This wooded parcel is generally flat. The southerly
end of the property contains two designated wetlands of 0.45 acre and 0.32 acre.
The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of
$253,000 with a total assessment of $1 ,290,000; this generates over $16,000 in
property tax annually.
The site could be sub-divided into two parcels. Approximately 6 acres at the north end
of the property would provide a very attractive development parcel consistent with the
current industrial zoning designation. By sub-dividing the north portion as a single
parcel the City would have no obligation to extend the street or utilities beyond the end
of the current street. The City can retain easements along one or more of the
development parcel boundaries to complete the loop of water mains in the southern
part of the City (this is an ongoing, funded capital project).
The remaining acrerage at the south end of the property could encompass the two
larger wetlands. The City could also establish easements along one or more of the
development parcel boundaries concurrent with the water main easements to provide
public access to the wetlands without reducing the useful area of the development
parcel.
Revised 11/18/11 , tww
N
C1.0p0
CONTROL CHANNEL- CHERR' STREET
2.6 Ac.Parcel 5.7 Acre Parcel
i
Item # E1 a
Proposed Resolutions
Planning and Economic Develop Committee, December 21, 2011
Recommendations to Divest Unused City Property
Resolution: Parcel 93.-7-3 — 213 West Spencer Street
WHEREAS, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street,
and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
widening West Spencer Street to accommodate two-way vehicular traffic, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 93.-7-3, unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, That the Common Council hereby recommends the sale of parcel 93.-7-3
located at 213 West Spencer Street in the City of Ithaca.
Item # E1 b
Proposed Resolutions
Planning and Economic Develop Committee, December 21, 2011
Recommendations to Divest Unused City Property
Resolution: Parcel 93.-7-5.1 — 215 West Spencer Street
WHEREAS, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer
Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
widening West Spencer Street to accommodate two-way vehicular traffic, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 93.-7-5.1 unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, That the Common Council hereby recommends the sale of parcel 93.-7-
5.1 located at 215 West Spencer Street in the City of Ithaca.
Item # E1 c
Proposed Resolutions
Planning and Economic Develop Committee, December 21, 2011
Recommendations to Divest Unused City Property
Resolution: Parcel 122.-2-1 — 321 Elmira Road
WHEREAS, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
operating a sewage pump station, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 122.-2-1 unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, that the Common Council hereby recommends the sale of parcel 122.-2-1
located at 321 Elmira Road in the City of Ithaca.
Item #E1 d
Proposed Resolutions
Planning and Economic Develop Committee, December 21, 2011
Recommendations to Divest Unused City Property
Resolution Parcel 100.-2-1.2 — Cherry Street
WHEREAS, the City of Ithaca owns parcel 100.-2-1.2 located at the south end of Cherry
Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
expanding the industrial park, and
WHEREAS, the aforementioned parcel has not yet been developed by the City, and
WHEREAS, staff recommends reserving a 40 foot wide temporary (construction)
easement and a concurrent 20 foot wide permanent easement for extension of utilities,
and
WHEREAS, staff recommends reserving a twenty foot wide easement for the purpose
of extending a pedestrian path, concurrent with the aforementioned utility easement,
and
WHEREAS, the Board of Public Works has determined that there is no further Public
Works need to own the parcel, and
WHEREAS, the southerly portion of parcel 100.-2-1.2 contains two designated wetlands
of 0.45 acre and 0.32 acre, and
WHEREAS, continued city ownership of this parcel requires that the city incur expense
for maintenance, without the generation of revenue, for example, in the form of property
taxes from it, and
WHEREAS, the Board of Public Works recommended that the City divest of up to five
and six tenths acres of the northerly portion of parcel 100.-2-1.2 located at the south
end of Cherry Street exclusive of the aforementioned designated wetlands, now
therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, that the Common Council hereby recommends the sale of up to five and
six tenths acres of the northerly portion of parcel 100.-2-1.2 located at the south end of
Cherry Street in the City of Ithaca, exclusive of the aforementioned designated
wetlands.