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HomeMy WebLinkAboutMN-DAC-2017-08-02Disability Advisory Council Meeting Minutes August 2, 2017 Present: Chair Roberts Vice Chair Scriber DAC Members: Andrew Rappaport Erin Sember-Chase (joined by telephone) Others Present: Information Management Specialist – Myers CC Liaison Brock Sidewalk Program Manager - Licitra Excused: DAC Members Anderson, Monroe, McElrath Approval of Minutes: Approved of the July 12, 2017, Disability Advisory Council Meeting Minutes was deferred until the September meeting due to lack of quorum. Update: City Sidewalk Program: Sidewalk Program Manager Licitra reported that the sidewalk contractor hired by the City of Ithaca began work on the 2017 Sidewalk Work Plan. They will begin in Collegetown (to complete prior to students returning), and then head to Aurora Street and then to the other sidewalks on the list. The 2018 Sidewalk Work Plan, Budget and Assessment will be on the agenda for review and approval by the Board of Public Works this month. It will then proceed to Common Council in September for a final vote. DAC Member Rappaport reported that he could not access the pedestrian walkway on the Stewart Avenue Bridge this past Monday because it was closed for repainting. There were no signs alerting pedestrians that the bridge was closed. There was no safe alternate way to access the walkway and be compliant with ADA requirements. Sidewalk Program Manager Licitra responded that he would call the contractor today to remind them of that requirement. He will follow up to ensure that safe and ADA compliant access to the walkway is created and maintained for the duration of the project. He noted that the bridge would re-open temporarily for student move-in and for the inauguration of the new president of Cornell University. Discussion Item: New Board/Committee Structure - Decide/discuss how to design the structure of the September DAC meeting at which members of the Working Group to restructure boards and committees will attend to discuss transition plans into the new commission structure: Chair Roberts stated that invitations to all the members of the “Working Group” to attend the September 6, 2017, DAC meeting will be sent out within the next couple of days. He is hoping that most members will be able to attend to discuss the proposal with them. Chair Roberts asked DAC members how they would like to structure the September meeting, does it make sense to have a couple general topics to keep the discussion on point, and should he plan to lead the discussion, or are there other suggestions. DAC members supported Chair Roberts leading the discussion. They also felt that it would be very important to circulate to the members of the working group the specific ideas/topics/concerns prior to the September meeting so they time to review them, and hopefully come prepared with answers or to discuss them in more detail. It might also be good to share the information with all of Common Council members. Disability Advisory Council Meeting Minutes August 2, 2017 2 DAC Member Rappaport suggested that once the list has been created, that it would be helpful to then place each one into the appropriate new commission’s responsibilities. Chair Roberts noted that one of the primary concerns for the DAC is to insure that these items be included in not only the responsibilities of the new commissions but written into each commissions’ mission statement. He agrees with DAC Member Rappaport’s past comments that it is vital that each of the four new commissions consider accessibility part of their charge and include it in each discussion at every meeting. Accessibility issues should not be limited only to the purview of the “Mobility, Accessibility and Transportation Commission”. Accessibility needs must be part of each and every discussion of each commission since it impacts HR items, emergency management information, community needs, etc. In addition, the DAC would strongly encourage/recommend that the City conduct another self-assessment to ensure all its programs are meeting ADA requirements. The DAC would also like to see a designated ADA Coordinator for the City of Ithaca, and where that person might fit into the make-up of personnel for the City of Ithaca. The DAC wants to make sure that the concerns raised not only today, but in past discussions be incorporated into each of the four new commissions responsibilities and memorialized in some manner so that when the new structure is in place the issues and recommendations of the DAC are included for each commission. CC Liaison Brock shared, that in her experience, writing recommendations into the charge for each commission is useful, but what might be equally important is to request that each commission have at least one member that has some tangible experience in working with people with disabilities. People often forget to consider diversity in decision making. One way to ensure it doesn’t is to have a member with expertise in that area either by experience or expressed interest. She supports the recommendation of the DAC to recommend to the City that it hire and/or designated a qualified ADA Coordinator. In that recommendation, the DAC should say what the coordinator’s responsibilities should include and where they should be placed in the city’s workforce. In addition, once the DAC is disbanded, she wonders if DAC related items and discussions should be added to the purview of the city’s Workforce Diversity Advisory Committee. She stated that the DAC should identify, either in the new commission structure or in one of the boards that remain unchanged, the responsibilities of the DAC. That way they are vested someplace that’s not new to prevent those issues being lost in the shuffle as the new commissions are established. Chair Roberts stated that the City of Ithaca actually should have specific point people to whom ADA or accessibility problems can be directed to. He believes one of those people right now, is City Clerk, Julie Conley Holcomb. DAC Member Rappaport stated that according to the ADA.gov website, they recommend a designated individual to coordinate ADA compliance. Perhaps the DAC should raise that as an issue to recommend that the City of Ithaca address. CC Liaison Brock voiced her opinion that the City Clerk or Clerk’s office might not necessarily be the best office designated as the ADA point of contact for the City. Chair Roberts, with agreement from DAC members, outlined the following topics that they want to recommend to the City be considered as the structure of the new commission is established: Build accessibility needs into the mission statement of each commission Each commission should have at least one m ember that either has personal or professional expertise with accessibility needs, and then identify that person as an advocate for people with disabilities or accessibility needs. That way each commission has a point person for those issues to be brought to. Appoint a certified and qualified ADA Coordinator for the City of Ithaca, and determine what that position would look like and what office the position would work out of. It was noted that Transportation Engineer Hathaway and Sidewalk Program Manager Licitra have been very good in meeting with the DAC and working to ensure accessibility is Disability Advisory Council Meeting Minutes August 2, 2017 3 maintained and ADA requirements are met related to sidewalks and curb ramps. However, that is only a small component (sidewalks, curb ramps, etc.) of all the accessibility needs that should be considered by all departments in the City of Ithaca. An ADA Coordinator should have a broader responsibility (i.e. - emergency broadcasting information, who would have that expertise - or would all of the commissions even identify that as a need?) Vice Chair Scriber stated that she would like to encourage the City to think ahead about accessibility needs. She agreed that the City has made advances in considering accessibility and ADA requirements with sidewalks, etc.; however, it seems like in order for accessibility needs to be addressed it’s after the fact (i.e. the playground on the Commons, the new parking pay stations, lifts in pools). How can that be changed? DAC Member Rappaport agreed; that was why he brought up the pedestrian walkway closure on the Stewart Avenue Bridge. The DAC has been meeting consistently with engineering staff about the need to maintain pedestrian access with each construction projects, but, again, the problem is being addressed after the fact. Considering accessibility needs and ADA law is not in the forefront of discussions by staff for projects that the City is involved with. DAC Members provided the following areas where accessibility and ADA requirements need to be considered regularly: Accessibility considerations when permits are pulled - especially city projects, in order to insure and identify clear paths of travel for pedestrians. Perhaps the City could create a checklist for contractors regarding all the required accessibility needs that have to be met in order for a permit to be issued. If a checklist is not created then these items are forgotten. Accessibility/ADA requirements that need to be considered at all different levels of every project before they begin. Situations that have arisen recently where accessibility needs were not considered include not only the playground on the Commons, but the unsafe design of the new fountain on the Commons, the unsafe drop off in the pavement on the Commons in front of the Bernie Milton Pavilion and the lack of warning signs on the Commons to alert the public of the steep incline of the sidewalk. Vice Chair Scriber reported that she recently participated in an ADA treasure map project around the City. Participants found that easy access is not easy to find in a lot of places, in some cases, at various locations, employees had to go look for the information being sought - so it’s always after the fact that disabilities are considered. Chair Roberts stated that the City really should update its ADA self-assessment. The last one was done more than 20 years ago. This self -assessment would be good information for the City to have that could be shared with each of the four new commissions. He understands that it will be a big project for city staff to conduct another self-assessment. However, unless one is done, there is no way to gauge the progress made and what still needs to be done. Chair Roberts would also like to keep DAC Member Rappaport’s request that work be done by the City to make sure it has the required percentage of accessibl e parking pay machines as well as the required percentage of on-street parking spaces. This should be one of the first major responsibilities for the “Mobility, Accessibility, and Transportation” commission to undertake and oversee to its completion. Vice Chair Scriber stated that the City should also require that there be handicap accessibility taxis or vans available to the public because right now she doesn’t believe there is one. Chair Roberts responded that with current issues and concerns around Uber and Lyft ride services, the requirements for a certain percentage of taxis to be handicap accessibility are not taken seriously. Currently, there is no way with these ride sharing programs, to require that a certain percentage of those vehicles be ADA accessible. These two new ride sharing services are undoing a lot of progress that had been made Disability Advisory Council Meeting Minutes August 2, 2017 4 in NYC, and as the program expands outside of NYC it will create even bigger gaps. Right now, he thinks that local governments have said “let’s wait and see what happens” before approving any similar program for ride sharing, and go from there. CC Liaison Brock explained that one of the concepts flown under the restructuring process is that there would be “working groups” to function under each commission. Would the DAC propose that there be something like the DAC for each member, designated as the “accessibility expert” on each of the four new commissions that would meet to share information between the commissions? That would be four identified experts who meet regularly or as needed. They would understand the importance of their role on the commission is to insure that ADA requirements and accessibility requirements and needs are always considered with every discussion of each topic. The “working group” would have no staff support and may not have regular meeting dates. What do DAC members think about that idea? Those four designated members then would know what is going on around the city (from commission meetings) which would help make sure accessibility needs are discussed and addressed. Something like that would be better than what is proposed because no one person can fulfill the role of representing accessibility needs at all four commissions and the topics under their purview. Vice Chair Scriber and DAC Member Rappaport did not support that suggestion because of the lack of a regular meeting time and the lack of support staff. DAC Member Rappaport noted that it would have been great if the current make-up of DAC members could have been broader as well so that there was representation for as many different types of needs as possible. Chair Roberts stated that if the City had a designated ADA Coordinator position, then that person could be the conduit between the city and each of the commissions. This might be a better solution because they would be connected directly to the city as a staff person which would improve communication greatly. Unless the city has an actual ADA Coordinator whose responsibilities are to ensure ADA law and regulations are followed and considered in every decision that it probably won’t happen consistently. DAC Member Sember-Chase asked for clarification regarding the discussion – was it suggested or recommended that the City of Ithaca hire an ADA Coordinator. Chair Roberts responded not yet, but the DAC might in the near future; although, he was thinking that in the meantime, those responsibilities might be shared between one or two current identified staff members. He did agree that it might not be a bad idea for the DAC to include that as one of its recommendations. DAC Member Sember-Chase suggested that it might be good for the DAC to remind the City that the ADA law requires that the City should have a designated qualified ADA Coordinator. It should not be a staff person that may or may not be familiar with current ADA laws and requirements that assumes those duties as they have time. DAC Member Sember-Chase explained that it was her understanding, and she can double check, that the City is required to have someone who is designated as the ADA Coordinator; however, typically that person holds other responsibilities as well. Vice Chair Scriber asked whether the law required that the person designated as the ADA Coordinator be required to have a disability or expertise in the area of disabilities and access. DAC Member Rappaport stated that he found online a “N ational Association of ADA Coordinators”, it provides a training program with certification once the program is successfully completed. He agrees that it might be a good idea to have someone other than the City Clerk designated as the ADA Coordinator because of all the responsibilities and duties that position entails related to the management of two departments (City Clerk’s Office/Information and Technology). Disability Advisory Council Meeting Minutes August 2, 2017 5 It was also noted that the City’s ADA Coordinator should also have information about and be aware of existing policies and procedures of the City of Ithaca. Perhaps the City’s Workforce Diversity Advisory Committee might be able to provide support for the recommendation. Vice Chair Scriber stated that if there is a training and certification program for ADA Coordinators, perhaps the DAC should recommend to the City that there should be someone designated as ADA Coordinator and require that they have specific training and certification and not just an “interest” in providing that support to the City as needed. Chair Roberts further noted that a lot of large and small cities have offices that specifically offer disability/accessibility services with designated staff available to respond to requests. It makes sense to him that there be someone on city staff who would be responsible for making sure that accessibility needs are met and complying with ADA laws. It is a big responsibility of all cities to provide this service to its community; Ithaca is not a tiny city, and it has local resources that it could be utilized. There definitely should be an ADA coordinator for the City of Ithaca. All DAC members agreed and supported that statement. DAC Member Rappaport recommended that the ADA law be reviewed by the City; it should also research what national or local organizations provide training and certification for ADA Coordinators. He has reviewed the website for such a program and it seems to him to offer to people that attend a lot of well thought out information and the provision of good training programs. DAC Member Sember-Chase asked DAC members to think about moving away from asking for things, and to instead make “recommendations” to the city as decisions are made related insuring that accessibility is included in discussions of each of the four commissions. The DAC should provide the information to Common Council and what it chooses to do with that information is up to them. That way, at lease, DAC members will know that they did everything they could to make sure that as much information as they could provide related to ADA law and accessibility had been provided to those making decisions - that’s all they can do. What the City chooses to do with the information is up to them; hopefully some of the recommendations will be followed – if not, then the City may need to learn the hard way what happens when it doesn’t include those needs in decisions being made. She cautioned DAC members about the best way to share their concerns about accessibility with the City. Chair Roberts agreed that was a very good point. The DAC has until at least January 2018 to make sure their recommendations are followed up on. He agrees that recommending is a better way to propose concerns to Common Council. CC Liaison Brock recommend to existing members of DAC that as things progress to the new commission structure, that they make sure to hold the city responsible so that their recommendations aren’t allowed to fall by the wayside. Chair Roberts stated that he is already planning to submit an application to serve on one of the commissions. He hopes that will be helpful in making sure the recommendations of the DAC are not lost. DAC Member Rappaport stated that the only way to enforce ADA laws is for people to file complaints with the Department of Justice. He receives monthly updates from the Department of Justice; they do investigate the complaints with the municipality it involves; they do enforce compliance with the ADA laws to ensure appropriate changes and accommodations are made. Filing a lawsuit against the City of Ithaca due to non- compliance with the ADA law is not what anyone wants to do; however, sometimes it’s the only way for changes to be made that comply with the law. It is always better to work with municipalities about ADA requirements and changes that may be needed in the spirit of cooperation and wanting to make sure that every community memb er can participate fully in activities of the City, as well as within municipal facilities rather than pursuing compliance through the Department of Justice. Disability Advisory Council Meeting Minutes August 2, 2017 6 Chair Roberts agreed, and noted that complaints against the City of Ithaca have been filed with the Department of Justice in the past which resulted in very timely compliance with whatever changes needed to be made. Vice Chair Scriber suggested that the thoughts and recommendations discussed today be provided to the members of the Working Group ahead of the September 6th meeting so that maybe members of the group will be prepared to provides responses to them at that meeting; rather than the DAC having to wait for responses to come back to them at a future point. Other DAC members agreed with that suggestion, and agreed that it will be important to share all the information discussed prior to the September meeting with members of the Working Group. Chair Roberts stated that he would create a list of items that the DAC would like to send to members of the Working Group before the next meeting from the draft minutes. Vice Chair Scriber volunteered to assist in this work, Information Management Specialist Myers will work to have draft minutes completed as soon as possible so that the information is available to create the list. Chair Roberts explained that one of the purposes of the meeting is to encourage and/or have the members of the Working Group agree that they would commit to making sure that the recommendations from the DAC (like the ADA Coordinator) will be addressed by the new commissions. Alternately, to have the DAC members leave the meeting knowing that their recommendations have been shared and will be addressed or knowing that they will have to wait and see, because commitment by the members of the Working Group to do that was not forthcoming at the meeting. Vice Chair Scriber wondered whether the DAC might want discuss the recommendations and the reasons for them, and then ask that someone from the Working Group come back to a future DAC meeting to share any changes or decisions they might have made as a result of the September meeting with the DAC. She is n ot sure they will answer on the spot at the September meeting, and would be surprised if they were prepared to provide answers/responses to the information at that meeting. DAC Member Rappaport noted that Alderperson Mohlenhoff was the Chair of the Working Group that worked on the new commission structure, as such she might be the right person to address revising the mission statements of each commission, which would include the requirement that each commission have a designated member whose interest or experience is in working with people with disabilities and ADA requirements. That would be totally separate from the City conducting a self-assessment. He would also like to have a response regarding the designation of the City’s ADA Coordinator because he is not sure what exists now as far as current staff that may be designated as ADA Coordinators. CC Liaison Brock explained that it is Common Council and the Mayor who create or approve staff positions. She would encourage the DAC to be specific in the recommendations shared that the designation of a City of Ithaca ADA Coordinator would be responsible for not only staff, but the public as well. She wonders if that job description could be expanded to include specific requirements as far as expertise in ADA law, and the jurisdiction of that role expanded. The members of the DAC should be asked what those responsibilities should include and that discussions around ADA Law and accessibility be a regular agenda item for each commissions rather than just part of their mission statements. DAC Member Rappaport noted that in his research a lot of information is available regarding the role of the ADA Coordinator, and he saw a lot of job descriptions and job listings for full-time ADA Coordinator positions. Personally, he could imagine that having a full-time ADA Coordinator in the City of Ithaca would make a lot of sense. CC Liaison Brock encouraged the DAC to put some pressure on the HR Department, Mayor, and Common Council to encourage them to have an ADA Coordinator on staff. That is one of the responsibilities of any advisory commission when certain requirements are not met. Disability Advisory Council Meeting Minutes August 2, 2017 7 Chair Roberts stated that the DAC could make the recommendation that certain each of the commissions have a list of certain questions to raise during each discussion related to ADA law and accessibility to make sure that need is addressed. One of the responsibilities of the “Mobility, Accessibility, and Transportation Commission” might have would be to make sure that a qualified and certified ADA Coordinator position exist for the City of Ithaca. Further, the DAC can only advise the city that there should be an ADA Coordinator; how that ends up will be the decision/choice of whoever exists after January 1st; however, that recommendation should come from an advisory body. CC Liaison Brock stated that the City’s Workforce Diversity Advisory Committee, in its charge in the City Code, is required to provide an “Annual Report Card”. It’s on their work plan for each year to create this report card on diversity and inclusion - whether its quality of life or service commissions. If the DAC could ask or recommend that each commission be required to provide an annual report card that includes information on how ADA Law and accessibility were incorporated into their discussions in the past year. That report card might provide a clear direction about what recommendations from the DAC still need to be addressed. Chair Roberts stated that he would suggest when the material for the September DAC meeting is created, the DAC then make a suggestion about where certain issues should be placed in each of the four new commissions. He and Vice Chair Scriber will work together to produce the document that will be sent to the members of the Working Group before the September meeting. The DAC will take the approach that the items in the document are their recommendations for inclusion in the four new commissions, and then use the remaining DAC meetings to move those things forward. DAC Members suggested that in the invitation to the members of the Working Group that they be asked to RSVP whether or not they’ll be attending the meeting. Recent Items DAC Involved With (Not Complete): Emergency broadcast needs for people with disabilities Sidewalks City Website Met with Police Chief (training for officers related to mental health issues) Permits - building/sidewalk Commons Playground Parks/trails Carousel Building accessibility Age friendly Tompkins County plan Parking kiosks Parking meters/scratch off cards Accessible parking spots Pop up parks Snow ice - exterior property maintenance - fine structures Increase in fines for handicap parking fines Public service announcements Surveys Accessibility concerns during fire/emergency situations Tour with city staff (engineering) to look at construction of sidewalks and curb cuts and why they are constructed in certain ways; accessibility requirements Individual tour with staff on East Buffalo Street related to obstacles in the sidewalks/curbs encountered on a daily basis Large involvement in city sidewalk program Means restrictions (nets over bridges) Lift for pool at GIAC Met with Youth Bureau – needs of the youth in the community related to accessibility Hand rails in parking garages Disability Advisory Council Meeting Minutes August 2, 2017 8 Explain to members of the Working Group that DAC has tended to be reactionary rather than proactive in its work concerning accessibility around the city. The DAC has been working continually to have accessibility needs discussed and included with the start of any project and they want to make sure that it is considered and improved upon in the future to the point that it is part of the everyday work of the City. Chair Roberts asked DAC Member Sember-Chase if she would review the invitation before it goes out to make sure it follows the approach she suggested. CC Liaison Brock reported that the Workforce Diversity Advisory Committee is working to put together a fragrance-free policy for city buildings and public meeting spaces. In addition they have finalized the Community Investment Incentive Tax Abatement Program Toolkit (CIITAP). Adjournment: On a motion the meeting adjourned at 1:35 p.m. _____________________________ ____________________________ Sarah L. Myers, Larry Roberts, Information Management Specialist Chair