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HomeMy WebLinkAboutDAC Recommendations for Snow & Ice Removal -09-07-05 To: The Mayor,and to Robin Korherr,Chair,Community Services Committee,and other members of Common Council From: The Disability Advisory Council Date: Wednesday,September 7,2005 Re: Recommendations for Snow and Ice Removal from Sidewalks and Curb ramps In June 2005 the Disability Advisory Council (DAC)held a public hearing about problems with snow and ice in curb ramps and on sidewalks. The minutes of this hearing are attached. In August 2005 the DAC and the Bicycle Pedestrian Advisory Council(BPAC)held a joint meeting to talk about common interests and how the two advisory councils could work together. Two main themes emerged at this meeting that the DAC thinks are pertinent to this issue. a) Both advisory councils believe that the removal of snow and ice is a top priority, especially if a goal is to become pedestrian friendly, a'walkable'city; and b) Both advisory councils believe that we should be key stakeholders in creating p y40 that prioritize pedestrian needs. ♦tr= In that spirit,we offer the following: SEP CL E4-0 • We support the recommendation of the Pedestrian Awareness Committee(P that tr property owners that have not shoveled sidewalks and curb ramps be ticketed, 'vS. warning; a system for assisting residents who are not able to shovel their propert c' needs to be developed 9__-- • That the City explore the possibility of using volunteers or community service students and people on parole to clear sidewalks and curb ramps, specifically,these persons ought to be used to clear curb ramps obstructed by city plows • That Community Police Officers and other Officers note properties that haven't cleared sidewalks and curb ramps and alert the appropriate City personnel • The Library is particularly problematic-- it must be a priority to be cleared; any jurisdictional issues must be resolved • That the city purchase more sidewalks plows. We offer these recommendations with the following assumptions: • Snow and ice removal from sidewalks and curb ramps is a priority, it can no longer be thought of as simply as an exterior property maintenance responsibility of property owners • Snow and ice removal is a disability access issue • Sidewalks and curb ramps are largely unusable during the winter. Clearly snow and ice removal from sidewalks and curb ramps can be done over time,thereby avoiding a need to balance it against other public works priorities and projects. LAbhtka, -1\) OLAi'w-f et /L. Ce— 0`) ($41° o L r 4 'j A DISABILITY ADVISORY COUNCIL PUBLIC HEARING ON SNOW/ICE REMOVAL WEDNESDAY, JUNE 1, 2005 — 12:00 P.M. Present: Larry Roberts, David McElrath, John Ortiz, Liz Phelps, Greg Gizewski, Christen Bonacci, Leslie Chatterton, Bill Gray, Rick Ferrel, Ed Sweazey, Charlie Dorsey Excused: Alderperson Korherr, Chief Signer, Erin Sember Chair Roberts welcomed the public to the meeting and explained that comments received at the public hearing will be incorporated into a report that will be submitted to the Mayor, Common Council, and City Officials. Chair Roberts introduced Supt. Gray and Asst. Supt. Ferrel. Chair Roberts explained that the authority for removal of snow/ice when complaints are received goes to the building department and then the Department of Public Works, if needed. That mechanism does not appear to work for addressing snow/ice removal from sidewalks. The following people addressed the Council at the public hearing: Rhoda Strifer, City of Ithaca, addressed the Council to explain that she has slipped many times on streets/sidewalks. She stated that she is on disability and the cost to hire someone from the Youth Employment Services through the Youth Bureau is prohibitive for someone on a fixed income. She further stated that the Youth Bureau does not have volunteers who are available to help shovel sidewalks either. She stated that she has called the City to get help for shoveling but has been unsuccessful. Victoria Smith, City of Ithaca, addressed the Council and explained that she is totally disabled and unable to do a lot of things. She stated that she was happy that the City was holding a public hearing to hear comments about problems with snow/ice removal. She also stated that she has fallen a lot on slippery sidewalks. One area of particular concern to her is the area by bus stops where snow is not removed, and in order to get on the bus, a mountain of snow must be navigated. She stated people need to have access to a sidewalk that is clear, clean, and free of obstructions. She suggested that the City conduct a study into this matter. Libby Liberator, City of Ithaca, addressed the Council to state that she walks everywhere, has same concerns that have been raised, and that she wears knee pads all the time because of problems with sidewalks. Brenda Kuhn, City of Ithaca and founder of the Disability Advisory Council, addressed the Council and explained that this issue has been brought up many times before. The concern has always been what the ruling/guideline is for homeowner/business owners as far as responsibility for clearing snow from curb ramps/cuts. If the responsibility falls to the owner, there should be a higher fine imposed that would be an incentive to keep the curb ramp clear. The problem has been that city snow plows push the snow back onto the curb ramp after it's been cleared; that makes it very hard for property owners because what the plows push back onto the ramp is usually hard packed/snow/ice that is very difficult to remove without special equipment. She also asked whether the Disability Advisory Council had checked into what volunteers are available through RSVP/YES programs. Since the Youth Employment Service program is run through the City that there are ways to provide services to those in need. Jamie Pletter, Tompkins Consolidated Area Transit ADA Coordinator, addressed the Council to inform them that as long as bus stops/access to bus areas is not kept clear, that TCAT is required to do more through their certification program to provide transportation to those in need who qualify for that special program who cannot access the bus because of snow/ice. She further stated that because this problem will continue there is access to this program, and it is a way to solve the problem for people who can't get to the bus. David Henderson, City of Ithaca — Chair of the Pedestrian Advisory Committee and member of the Bicycle Pedestrian Advisory Council, addressed the Council to report that the Pedestrian Advisory Committee had finalized their preliminary report and has copies for anyone who is interested to review. One of the committee recommendations is that no warning letters be sent to property owners. They also suggest that a list of contractors/volunteers for sidewalk snow/ice removal be publicized and available to the public. The committee also disagrees that property owners should be responsible for snow/ice removal from curb ramps. The committee welcomes feedback regarding their report— either written or verbal. There will also be a public forum on the Pedestrian Advisory Committee's report on June 21, 2005. Esther Roe, Lansing, addressed the Council to ask about obtaining a copy of the code regarding snow/ice removal from sidewalks that could be given to someone when they are asked to clear the sidewalk to show that it is a requirement. She further reported that she had fallen on the Commons because the sidewalk had not been cleared, and then got a parking ticket because she was late getting back to her car because of the fall. She stated that she has not visited downtown since then. Liz Phelps asked for clarification of the special service that TCAT provides because she was not even aware of it. Jamie Platter, Tompkins Consolidated Area Transit ADA Coordinator, explained that the transportation service that TCAT provides, by appointment, is for those people who are unable to access the bus. The fee is $2.25 per one person, one way. John Ortiz reported that trying to get from Center Ithaca across Green Street to the bus stop can be hazardous during the winter and he has complained about this. He has also seen TCAT drivers shoveling the snow by the bus stop in order to give riders access to the buses. He asked if the drivers could be assigned to shovel the bus stops when they have time. Greg Gizewski stated that it is apparent that the City does want to work with the Council on this problem. He gets around by wheelchair and at times has gotten stuck because the sidewalks had not been cleared. He thinks it would be helpful if the little plows that do the sidewalks do a loop around the bus stop area during the day to make an access path for pedestrians, clear snow to provide access to the buses, and keep the curb ramps clear. It was asked if a lawsuit had been filed against the city because of unshoveled sidewalks. Asst. Supt. Ferrel stated that the City does receive Notice of Claims for slips on the sidewalk during the winter and the majority of the complaints occur on private property. Greg Gizewski noted that a co-worker slipped on the sidewalk 10 years ago and ended up being out of work. The City ended up paying the hospital bills. This occurred at the curb cut from the Tompkins County Mental Health Building going to Center Ithaca. In addition, another person that he knew, sprained their ankle at the same spot, and has an ongoing problem with the ankle. Chair Roberts stated that people who wish to submit written comments and suggestions on this topic may do so and should submit them to the City Clerk's office. He asked the public in attendance at the meeting to inform their friends of this as well. He further stated that this is an ongoing project for the Disability Advisory Council. The Disability Advisory Council is in the process of making up a list of suggestions to help with snow/ice removal to make it a more effective process. He is cognizant of the need to use seasonal workers and the Youth Bureau to help with shoveling needs. There are still many questions of responsibility for who has to remove snow and the DAC is committed to resolving those issues because it's a matter of civil rights. The issues of public/private need to be addressed. The time frame between complaint and action is too long and because of that people have stopped complaining. The Disability Advisory Council wants this issue to be a priority for the city. Chair Roberts invited the public to attend their monthly meetings which are held the 1st Wednesday of each month at 12:15 p.m. in Common Council Chambers. John Ortiz asked how many people get citations for unshoveled sidewalks? Asst. Supt. Ferrel stated that the Building Department could provide that information. Liz Phelps stated that another factor to consider in this issue is that in addition to an uncleared sidewalk being unsafe, if the person is elderly, balance could be an issue, and that is another reason it is so important that sidewalks are kept clear. Ed Sweazey stated that Information and Referral Services in conjunction with Volunteer Tompkins is working to provide citizen volunteers for clearing sidewalks, and that group could work with the City. In addition, On-Site Volunteers, Cornell University, and Ithaca College may have need of volunteer programs for their students. Chair Roberts stated that there are some legal problems with people doing volunteer work for the City that need to be addressed. The public hearing concluded at 1:10 p.m. 13 people were in attendance for the public hearing. Chair Roberts thanked the public and members of the Council for their comments. He stated that it is the Disability Advisory Council's understanding that the responsibility for shoveling the curb ramp belongs to the property owner, but the point is taken regarding snow plows. He stated that the problem that needs to be addressed is keeping sidewalks and curb ramps clear from ice/snow. He further stated that from the first snow until Spring, he spends a considerable amount of money to go back and forth to work using the special service provided by TCAT because the sidewalks can be a problem. Disability Advisory Council Annual Report— Resolution By Council Member Bonacci: Seconded by Council Member Phelps RESOLVED, That the Disability Advisory Council approves their Annual Report and recommends that it be forwarded to the Mayor and Common Council. Carried Unanimously Chair Roberts thanked Greg Gizewski for his great job with the media for getting notice our to the public about today's public hearing and he also thanked David McElrath for inviting people from Titus Towers to attend the hearing. Chair Roberts reported that the DAC is trying to create a access map for the downtown core area and hopes to have that available soon. He also reported that the temporary event permit policy committee is moving along with this plan, and ADA accessibility requirements are being included in the permit application forms. He further reported that the Board of Public Works is working on ADA traffic signals, and that suggestions for prioritizing intersections may need to be done, but that the DAC will push for as many traffic signals to be installed/corrected as possible. David McElrath reported, as the DAC liaison to BPAC, that they are recommending no warning letters for owners of sidewalks that are unshoveled because they would like to see fines increased as an incentive for property owners to clear their sidewalks. He further reported that BPAC would provide training in the future regarding the rules for bikes on sidewalks. Chair Roberts stated that the warning process/consequences needs to be addressed as well. Christen Bonacci stated that the following are areas of concern that need to be addressed, and one the DAC should be able to effect and the other two make recommendations: 1) Clearing of snow/ice on sidewalks—who is responsible? 2) If property owner is responsible, how do they clear curb ramps? 3) What to do if there is contention between who owns the property? Chair Roberts stated that the curb cut issue is a multi-layer problem. When the property owner makes a good faith effort to clear the curb cut, and then it is re-filled by snow plow is it realistic to think they will be able to clear the curb cut without special equipment? Future Agenda Items: 1) Make official recommendation back to the Pedestrian Advisory Committee regarding their report. 2) Make up a list of suggestions for who could remove snow/ice. Greg Gizewski stated that the DAC wants to maintain a good rapport with the City. If the City is responsible for snow/ice removal on their property it is inexcusable that they don't have someone clear the areas, especially in light of lawsuits being filed. People don't come into the City during the Winter because of the problems with sidewalks. Designated curb cuts and high traffic areas should be cleared by the City. Christen Bonacci stated that the next step that the DAC needs to take in this problem is to put solutions on paper. The meeting adjourned at 1:30 p.m. Notes by Sarah Myers City Clerk's Office 06/08/05 Sherry Thurston SNOW AND ICE REMOVAL 1. Sidewalks need to be cleaned from snow and ice for cane travel by people with visual disabilities. 2. Snow removal from curb cuts is essential for people with visual disabilities who use white canes. Something really needs to be done with the curb cuts during winter months after plows have filled curb cuts full of snow. It is impossible to travel with a white cane and cross the streets with the snow banks in front of curb cuts. 3. In the winter time people do not shovel out only a portion of their drive-way. This portion usually extends into the sidewalk area. When using a white cane or a Seeing Eye dog and when we approach these parked cars in the sidewalk, we have to go out into the road to go around the parked car. A person with a visual disability using a white cane or a Seeing Eye dog looses all sense of direction when trying to get back on the sidewalk with snow banks, busy streets and intersections that aren't governed by a signal light. This is impossible for a Seeing Eye dog to maneuver his master around obstacles and keep him safe at the same time. 4. Snow covered low hanging branches...serious problems for white cane and people who use Seeing Eye dogs. Dogs are trained to keep their master safe but not from low hanging branches in walking areas. 5. Businesses who use their sidewalks and part of their parking lot as snow collection areas. 6. Snow removal along side streets in front of public buildings. One specific area is in front of the Tompkins County Public Library. (The corner of Green and Cayuga Street up to the Mental Health building) 7. Ice is a problem all winter long for people who have visual disabilities whether they use a white cane or a Seeing Eye dog. Businesses don't realize that drain spouts or eves on building when full of leaves.....drip water when it cold and it turns to icy patches on the corners of sidewalks that look like bug wet spots until you step on it and go sliding. Comments: I am not a resident of Ithaca but I work in Ithaca and I do shop and visit downtown Ithaca on a regular basis. I am not sure how you are going to get residents to keep their sidewalks clear from snow and ice in the winter months. There are a lot of residents that do but it is those who don't that seem to be the main areas that are being traveled. 119 N. Applegate Rd. #3 Ithaca,NY 14850 June 7, 2005 To Whom It May Concern: Firstly, I feel it is important for you to know that I am legally blind, and that I do use a guide dog. I am writing this letter to let you know this last winter was very difficult for me. The sidewalks and intersections (mostly at the corners) in Ithaca were not cleared off very well. There were some sidewalks that would be clear while many others were covered with ice and/or snow. The corners were exceptionally difficult as some corners would only have small paths cleared and others none at all. Consequently, I feel that due to the poorly cleared sidewalks and intersections this last winter I fell. At the intersection where I fell there was just a narrow path shoveled, which made it very difficult for my dog and me to maneuver through. After the fall I became disoriented and scared. I did have my cell phone with me; therefore, I was able to call my contact at FLIC (Finger Lakes Independent Center) and she came to our rescue and picked my dog and me up. I realize that the hazards in the winter are greater when my dog and I come into town to attend meetings and run errands. However, I feel there is a great need for the sidewalks and intersections to be cleared and cleaned up (with attention paid to taking care of the ice) better then they were this last winter. Lastly, I want to thank you for your attention to this extremely important matter that affects those with disabilities and also those without. Respectfully, George . ►eMtnd�� -1144 119 N. Applegate Rd. #3 Ithaca,NY 14850 June 7, 2005 To Whom It May Concern: Firstly, I feel it is important for you to know that I am legally blind, and that I do use a guide dog. I am writing this letter to let you know this last winter was very difficult for me. The sidewalks and intersections (mostly at the corners) in Ithaca were not cleared off very well. There were some sidewalks that would be clear while many others were covered with ice and/or snow. The corners were exceptionally difficult as some corners would only have small paths cleared and others none at all. Consequently, I feel that due to the poorly cleared sidewalks and intersections this last winter I fell. At the intersection where I fell there was just a narrow path shoveled, which made it very difficult for my dog and me to maneuver through. After the fall I became disoriented and scared. I did have my cell phone with me; therefore, I was able to call my contact at FLIC (Finger Lakes Independent Center) and she came to our rescue and picked my dog and me up. I realize that the hazards in the winter are greater when my dog and I come into town to attend meetings and run errands. However, I feel there is a great need for the sidewalks and intersections to be cleared and cleaned up (with attention paid to taking care of the ice)better then they were this last winter. Lastly, I want to thank you for your attention to this extremely important matter that affects those with disabilities and also those without. Respectfully, I kw/4 George . ►eMeind1 I