Loading...
HomeMy WebLinkAbout1992 Americans/Disabilities Act (ADA)11 fJ I>ji JOINT TRANSPORTATION ACCESSIBILITY PLAN AMERICANS 'WITH. DISABILITIES ACT TOMPKINS COUNTY, NEW YORK Filed jointly by City of Ithaca Cornell University Tompkins County Transportation Providers: TOMTRAN, Ithaca Transit, CU TRANSIT, GADABOUT Transportation Service, Inc. May 15, 1992 TOMPKINS COUNTY In New York State a 2 0 KEY. MAP NUMBER _ Pinto Ewes USE •te wr50 P5` f6' iyTW !� ?COP. 4M,aC MCP'*CD BY TDYOKMS CDUNTV fl[1T Of PLANI41196. ITHaCL.NI ■ La Ridge LAIVIINC3 34:1 ■ North Lansing Lansingville. * T Ldlowville ■ GROTON Groton Cit ■ West Groton 2 1 Peruville M�Lesa ■ __rs Halseyville 8 ■ Jackson lle Waterburg _ J ■E. Lansing . L nsing Asburyt 1 West Dryden 1 36 41 4Tompklns Co. Airport ULYSSES Enfield■ Center Estys Ithaca ENFIELD ■ Trumbull Corners Newfield Pony Hollow ■ EWFIELD 5 TOMPKWS COUNTY .Forest Home '■■''Varna 1 1 ; ITHACA Danby West Danby ■ DANBY tna ■ Ellis Hollow lie DRYDEN �,. Slaterville ■ Brooktondale ■Sprins O■ Caroline ■ outh Danby .■ Caroline Center �w� �v Tompkins County Dept. of Planning Prepared by Tompkins County Dept. of Planning CAROLINE SPS eedeville ■J Scab In mile 0 1 2 3 4 5 6 0 1 East Cayuga . Willow Heights • CAYUGA LAKE bs•.aa ii J " LLL • — • �. _ —.11i il r iitir.a.• as Renwick •-w C. rest H, FA 3 1 1 1 • EXECUTIVE SUMMARY Purpose: This plan is prepared to implement the requirements of the Americans with Disabilities Act in public transportation services in Tompkins County. Tompkins County, City of Ithaca and Cornell University are, filing this joint plan. Recommendations: 1. The City of Ithaca, Tompkins County and Cornell University will contract with GADABOUT Transportation Services, Inc. to provide comparable demand -responsive, paratransit. services required by the ADA plan. The hours of ADA paratransit operation shall mirror the hours of fixed route public transit service in the County. The ADA service area shall cover 1.5 miles on both sides of a public transit bus route. Passenger trips with origins and destinations in an active' ADA service area are eligible for ADA service. 2. GADABOUT shall be the central .registry of ADA eligible riders in Tompkins County. 'Human service agencies such as Challenge Industries and Finger Lakes Independent Living Center shall qualify persons they know to be ADA eligible with GADABOUT. The initial round of agency certification of individuals to GADABOUT should be completed by 12/31/92. Persons may apply as individuals for ADA certification. An ADA Advisory Board shall hear appeals to certification decisions. 3. ADA paratransit fares shall be: $1.00 for trips in the City of Ithaca, $1.20. for one zone (suburban) trips, and $2.50 for two zone (rural) trips. 4. Implementation of ADA paratransit service shall be based on the following priorities and milestones: 1. Paratransit service to match week day public transit schedule (5am-8pm) 1/1/93 2. Paratransit service on Saturdays 6/1/93 3. Evening paratransit service (8pm to 2am) 9/1/93 5. ADA market research shall be initiated to evaluate needs of ADA eligible passengers and to refine marketing and public information access on ADA paratransit services. An ADA marketing group shall be established by 10/1/92 to complete a marketing plan by 5/1/93. Public information will be produced in accessible formats for mobility, sight, hearing and speaking impaired persons. 6. An ADA Advisory Board shall be established by 9/1/92 to oversee implementation of the ADA plan and to review ADA public transportation operations. TABLE OF CONTENTS INTRODUCTION .. , 1 CHAPTER ONE EXISTING PUBLIC TRANSIT SERVICES IN TOMPKINS COUNTY 2 CHAPTER TWO EXISTING PARATRANSIT SERVICES IN TOMPKINS COUNTY 3 A. GADABOUT Transportation Service Inc. 3 B. Capacity 3 C. Financial Status 3 D. Fares, Service Type, and Service Area 4 CHAPTER THREE EXPANDING COMPARABLE PARATRANSIT SERVICES 5 A. , ADA Paratransit Eligibility .. 5 B. ADA Certification Procedure 5 C. Paratransit Demand Analysis 6 D. Expanding Complementary Paratransit Services 7 E. ADA Paratransit Fares 7 F. Undue Financial Burden Waiver 8 CHAPTER FOUR PLAN UPDATE AND MILESTONES A. Implementation Milestones 9 B. Timetable of Bus Fleet Replacement 10 CHAPTER FIVE • PUBLIC PARTICIPATION IN THE PLANNING PROCESS OF THE ADA TRANSIT PLAN 12 INTRODUCTION In compliance with the Americans with Disabilities Act (ADA), Tompkins County, City of Ithaca and Cornell University, are filing a joint ADA Transit Plan with the Federal Transportation Administration. The plan incorporates public transportation services provided (directly or by contract) by the above parties. The following list identifies the transportation providers covered by the plan. TOMTRAN Tompkins County Department of Planning 301 Harris B. Dates Dr. Ithaca, NY 14850 Contact person: Dwight Mengel Phone: (607)274-5360 Fax: (607)274-5641 Ithaca Transit Inc. Pier Road, Ithaca, NY 14850 Contact person: Bernard Carpenter Phone: (607)273-7348 CU Transit Inc. 800 Dryden Road, Ithaca, NY 14850 Contact person: William Crissey Phone: (607)255 -RIDE Tioga Transport Inc. 2338 Slaterville' Road, Slaterville, NY 14881 Contact person: Charles Chapman Phone: (607)539-6600 Swarthout & Ferris 115 Graham Rd., Ithaca, NY 14850 Contact person: Robert Swarthout Phone: (607) 257-2277 GADABOUT Transportation Services, Inc. m 710 West Court St Ithaca, NY 14850 Contact person: Judy Willis Phone: (607)273-1878 This plan was prepared by the Ad Hoc ADA Advisory Board consisting of members of the City of Ithaca Disability Advisory Council, members of the Governor's Accessibility Committee, and public transportation operators. ,(A complete listing of committee members is provided in Chapter Five.) This plan consists of six chapters. Chapter One provides information on the current .transit service capacity, hours, and service areas. Chapter Two describes the existing paratransit system provided by GADABOUT, including capacity, financial status, and fare system. Chapter Three lays out the plan for expanding paratransit services by certifying ADA paratransit eligibility, paratransit demand analysis and projections, fare system for the ADA paratransit services, and other major aspects concerning the planned paratransit services. The fourth chapter is a schedule for ADA compliance for the public transit fleet. Chapter Five describes the planning process for the ADA Plan, including public participation, coordination amongtransit agencies, and public comment on the completion of the plan. The final- chapter outlines implementation milestones. The appendices includes maps, eligibility questionnaire, agreements and resolutions. CHAPTER ONE EXISTING PUBLIC TRANSIT SERVICES IN TOMPKINS COUNTY Fixed -route transit systems in Tompkins County as of January 26, 1992' There are two public and two private transit agencies in the County. Ithaca Transit is the municipal transit operator of the City of Ithaca. TOMTRAN is Tompkins County's public transportation program which contracts with private operators for service. Tioga Transport, Inc. is a private operator under contract with Tompkins County. CU Transit, Inc, a transportation corporation subsidiary of Cornell University, provides TOMTRAN service in addition to operating its own routes. A. TOMTRAN is a county -wide rural transit system connects the towns and villages in the County with the urban center - the City of Ithaca. It has six fixed routes which serve altogether seven towns and villages. Each route operates on individual schedules with a variety of frequency of service and headways (time between buses). Tompkins County contracts with Tioga Transport, Inc. and CU Transit, Inc. to operate TOMTRAN routes. Tioga Transport operates TOMTRAN Routes #43, 56, 51 and 52 serving the Towns of Lansing, Danby and Caroline. The earliest starting time is 4:45 am on Route 51 (Caroline). Routes are finished by 6:30 pm. CU Transit operates TOMTRAN Routes #41, 42, 46, 47, 48 and 55 serving Trumansburg, Groton, Dryden, and Newfield. In general, buses start at 6:00 am and end by 8:00 pm. B. Ithaca Transit operates seven fixed routes, weekdays and Saturdays, in the City of Ithaca and the Town of Ithaca. Ithaca Transit routes are based on 1 hour headways, but overlapping routes provides increased frequency of service. In general, Routes #1-6 start at 6:00 am and end at 6:00 pm. Route 2A provides evening service from 7:17 pm to 2:00 am. Ithaca Transit contracts with Swarthout & Ferris to operate Northeast Route #33 in the Village of Lansing, Town of Ithaca and City of Ithaca. Route 33 runs until 10:00 pm. C. CU Transit operates Routes # 81, 82, 83, 91, 92, 93, 50 and 31 serving the Cornell University campus and adjacent urban and suburban areas. The first bus starts at 6:45 am. Many routes end by 6:30 pm. Evening service on Route 50 -East Ithaca continues until 12:00 am. Routes # 91, 92 and 93 operate between 6:00 pm and 1:30 am. D. GADABOUT Transportation Service provides paratransit upon demand to the elderly and handicapped persons in the County. A detailed description about this service will be presented .in the following chapter. Fixed -route bus service is regularly scheduled service on defined routes. 2 CHAPTER TWO EXISTING PARATRANSIT SERVICES IN TOMPKINS COUNTY A. GADABOUT Transportation Services, Inc. The paratransit provider for senior citizens and disabled persons in Tompkins County is GADABOUT Transportation Services, Inc. GADABOUT transports passengers between all points in Tompkins Counties and select points in Schulyer County. Currently, GADABOUT operates Monday through Friday from 7:00 am to _:00 pm. There is also limited service on Saturday and Sunday. GADABOUT is a not-for-profit corporation chartered under Section 402 of the Not -for -Profit Corporation Law. GADABOUT holds operating authority (DOT 31049) from the New York State Department Of Transportation (NYSDOT). The agency owns and operates 11 mini -buses. B. Capacity GADABOUT provides demand -response paratransit, requiring an 24 hour advanced trip reservation by passengers. GADABOUT has five vehicles in revenue (fare producing) service. Most of the vehicles are equipped with wheelchair lifts, as listed in the following table. Year Type of Name Seating, of Mfr. Vehicle of Mfr. Capacity 1989 Minibus Coach & Equipment 14. 1987 Minibus TPI (1) 5 1987 Minibus TPI 9 1986 Minibus Coach & Equipment 11 1986 Suburban Van Dodge 12 C. Financial Status GADABOUT receives operating funding from New York State, local government agencies, charitable donations, and passenger revenues. Capital funding comes from a combination of federal FTA 16(b)(2) and Section 18 grants, New York State and local. sources. The expenditure of GADABOUT in the past three years has showed a steady annual. increase. Its 1989's balance sheet shows assets of $157,027, liability of $2,690, and a net equity of $147,337. Its 1990 budget was balanced at $178,856. 3 D. Fares, Service Type, and Service Area GADABOUT paratransit service system has two different fare systems currently in use: Demand Responsive Services: 1. Regular fare $2.50 2. Senior citizen (over 60 years of age) & handicapped $1.25 3. Senior citizen & handicapped travelling in the City only $0.60 Commuter Service - Route Deviation, Wheelchair Accessible 1. Trips in City of Ithaca $2.00 2. Trips in Town of Ithaca $3.00 3. Zone 1 - trips outside Town of Ithaca, five miles from the Center of Ithaca $4.00 4. Zone 2 - trips outside of Zone 1 within Tompkins County $8.00 5. Trips to TC3 (Tompkins -Cortland Community College) in Town of Dryden $12.00 6. Trips to/from Watkins Glen in Schuyler County and trips to/from Cortland in Cortland County $12.00 GADABOUT provides commuter service and demand responsive service. Commuter services operate Monday through Friday from Ithaca to Dryden. The demand -responsive service operates with a combination of regularly scheduled daily trips in service areas and in response to individual requests. The regular trips include: Tuesday from Ithaca to Newfield and Caroline; Wednesday from Ithaca to Pyramid Mall and East Hill Plaza; and Thursday from Ithaca to Trumansburg. Other examples of regular trips include food shopping trips in the City of Ithaca. Demand Responsive service can be arranged in advance between all points in Tompkins County, and between Tompkins County and the City of Cortland (Cortland County) and the Village of Watkins Glen (Schuyler County). The demand responsive service provided by GADABOUT requires a 24-hour minimum advance reservation. There are two phone numbers: 274-1878 (Ithaca main office) and 898-4661 (Groton office). Information on service availability or changes in operation are publicized by print and radio media, senior citizen organizations, volunteer agencies, County Department of Social Services, County Office for the Aging, the Information and Referral service, and health practitioners in the County. GADABOUT provides transportation services on a first -come -first -serve basis. ADA paratransit service will not be prioritized by trip purpose. Non -ADA paratransit would be prioritized when demand exceeds capacity or to resolve significant schedule conflicts. 4 CHAPTER THREE EXPANDING COMPARABLE PARATRANSIT SERVICES A. ADA Paratransit Eligibility Federal ADA Law definition of disabled persons will be used to determine eligibility in Tompkins County. According to the ADA law, "disability" is defined to as: "- any physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment." Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The definition used in the Americans with Disabilities Act is similar to the one used in Section 503 and Section 504 of the Rehabilitation Act of 1973 and in the many regulations implementing that law with two additions: persons with congenitaldisabilities and those with contagious or noncontagious diseases (including tuberculosis and HIV diseases) are included in the ADA definition. Not all disabled persons are public transit disadvantaged. The ADA plan provides for paratransit service when accessible transit buses are not in service and when people are unable to use public transit. Paratransit provides services which are equal to those available to both physically able and disabled persons using public transportation. The ADA plan covers the following categories of persons with disabilities: 1. persons who are unable to board, ride, or disembark from a bus, even if they are able to get to the stop and the bus is accessible; 2. persons who cannot use buses without lifts or other accommodations; and 3. persons with a specific impairment related condition who cannot travel to or from a bus stop. ADA paratransit eligibility will be granted to persons based on one or more functional, rather than medical, conditions. ADA paratransit eligibility will be extended to disabled persons in service areas not being served with accessible buses. After accessible buses are in service is, ADA eligibility will be reviewed for persons in category one. B. ADA Certification Procedure GADABOUT will be the central registry for ADA paratransit eligibility in Tompkins County. The ADA paratransit list will be initially developed from existing information from GADABOUT. They will certify ADA eligibility for their current riders. If ADA eligibility is questioned, persons should fill out Form A. They should have Form B filled out by physicians or health professionals of equivalent level to confirm the information the applicants have provided. Both forms are included in Appendix A. 5 Information about the process and application material will be made available in accessible formats, such as in large prints or on audio ;cassettes. Upon receiving the applications the paratransit agency will determine the applicants' eligibility according to the provisions listed in the above forms and will notify applicants within ten days of the determination made. If eligibility is granted to an applicant, a letter of certification will be issued to the individual upon request. Individuals who are denied eligibility may appeal to the ADA Advisory Board. Upon receiving the appeal files, the Board should schedule hearings with 30 days. Results of the appeals will be forwarded to individuals involved in writing within 3 days of the Board's decision. Visitors to the Tompkins County area who are certified paratransit eligible by other counties or states will be treated equally as local residents. C. Paratransit Demand Analysis According to the national demographic data on public transit disabled (presented in the ADA ,Paratransit Handbook), approximately 2.5% of the total population is ADA eligible in terms of public transportation. Population data concerning public transit disabled in the Tompkins County area was studied for sound planning for the future paratransit services. Because the 1990 Census information is not completely available yet, the 1980 Census data are used in the analysis and projections. In the past decade, there was 1% of the County's population (or 452 persons with public transit disabilities vs. 63,136 persons with no such disabilities) in the 16 to 64 age cohort who had public transitdisabilities, whereas 12% (or 747 transit disabled persons vs. 6,078 not disabled) in the 65 and above age cohort who might need paratransit services. These two percentages (1% and 12%) indicate the demand sources of the County's paratransit services. The population data for the County show that a large proportion of the future demand will continue to come from senior citizens (i.e., from the age cohort of 65 -year-old or above). During the period of 1985 and 1991, the annual average paratransit ridership accounts for one percent (1%) of the County's total public transit ridership. In the year of 1991, the total annual ridership County -wide was 2,046,460, among which 2% was serviced by GADABOUT - the paratransit agency. This two percent is a substantial increase in comparison to the average one percent of riders carried by the paratransit agency during the past seven years (1985 through 1991). The increase in ridership serviced by the paratransit agency is consistent with the general trend of public transit, which has shown a clear indication of increased utilization of public transportation. A market research approach is needed to identify and inform eligible users of ADA paratransit services. RECOMMENDATION: ADA market research shall be initiated to evaluate needs of ADA eligible passengers and to refine marketing and public information access on ADA paratransit services. An ADA marketing group shall be established by 10/1/92 to complete a marketing plan by 5/1/93. Public information will be produced in accessible formats. 6 D. Expanding Complementary Paratransit Services The complementary paratransit will provide demand responsive service to ADA eligible persons. Such paratransit service will be provided for persons who are ADA eligible because of functional disabilities or the lack of accessible buses currently providing transit service. Complementary paratransit service is defined by service area and hours of operation of fixed route public transit service. The service area is defined according to the ADA regulations (for a minimum service area extending from .75 mile (minimum) to 1.5 mile (maximum) on both sides of a bus routes that paratransit services should be made available to disabled persons in areas where and when fixed route public transit is available. In addition to service area, public transit bus schedules will determine the hours of ADA paratransit service. The time of service and the pick-up location (or the distance of the trip) requested by the eligible individual will be matched against that of the fixed route service case by case. For example, if the paratransit service request is from the Town of Ulysses and is about two and half miles away from the nearest fixed route service; or if the request is prior to 6:07 am or after 7:15 on, then the request will be denied because either the location is out of the paratransit service corridor or the time requested is beyond the fixed route service hours. The ADA does not require that paratransit service be provided if the requested pick-up location or time does not agree with that of the fixed route service. All paratransit services must be reserved 24 hours in advance. GADABOUT will take reservations during normal business hours on Monday -Sunday and holidays. Advance reservations can be made by paratransit eligible persons up to fourteen days in advance for a desired trip. RECOMMENDATION: The City of Ithaca, Tompkins County and Cornell University will contract with GADABOUT Transportation Services, Inc. to provide comparable demand -responsive, paratransit services required by the ADA plan. The hours of ADA paratransit operation shall mirror the hours of fixed route public transit service in the County. The ADA service area shall cover 1.5 miles on both sides of a public transit bus route. Passenger trips with origins and destinations in an active ADA service area are eligible for ADA service. E. ADA Paratransit Fares To comply with the Americans with Disabilities Act, the submitting entities have reached a agreement that a new paratransit fare system be adopted for the future expanded services. The fare for a paratransit service trip will be determined by that of the fixed route rates. Specifically, the fare for a trip charged to an ADA paratransit eligible user of the complementary paratransit service shall not exceed twice the fare which would be charged to an individual paying full fare (i.e., without regard to any discounts) for a trip of similar length, at a similar time of day, on the entities' fixed route system. The fares for individuals accompanying ADA paratransit eligible individuals will be the same as for the ADA paratransit eligible individuals they are accompanying. However, a personal attendant shall 7 not be charged for complementary paratransit service. By permission of the ADA, when paratransit services are guaranteed to a social service organization, the paratransit operator may charge a fare higher than otherwise permitted by' this Law. RECOMMENDATION: ADA paratransit fares shall be: $1.00 for trips in the City of Ithaca, $1.20 for one zone (suburban) trips, and $2.50 for two zone (rural) trips. F. Undue Financial Burden Waiver The ADA defines that a paratransit agency may request for an undue financial burden waiver under this law when the planned provision of paratransit service cannot be fully or partially materialized by July 26, 1997. However, if the paratransit agency intends to provide complementary paratransit service to ADA paratransit eligible individuals exceeding that requested by the law, the cost of such service (or additional service) will not be considered in the agency's request for an undue financial burden waiver. 8 CHAPTER FOUR PLAN UPDATE AND MILESTONES A. Implementation Milestones 1. Tompkins County, City of Ithaca and Cornell University will approve and file the ADA Plan before July 26, 1992 and annual updates through 1997. The updates will include information necessary to provide all significant changes and revisions to the timetable for implementation - the information requirements of the Americans with Disabilities Act. 2. By September 1, 1992, cost analysis of implementing ADA service recommendations will be completed. 3. The City of Ithaca, Tompkins County and Comell University will contract with GADABOUT Transportation Services, Inc. to provide comparable demand -responsive, paratransit services required by the ADA plan. 4. GADABOUT shall be the central registry of ADA eligible riders in Tompkins County. Upon request, Challenge Industries and Finger Lakes Independence Center shall assist in qualifying persons they know to be ADA eligible. The ADA Advisory Board shall hear appeals to certification decisions. 5. The hours of ADA paratransit operation shall mirror the hours of fixed route public transit service in the County. The ADA service area shall cover 1.5 miles on both sides of a public transit bus route. Passenger trips with origins and destinations in an active ADA service area are eligible for ADA service. 6. ADA paratransit fares shall be: $1.00 for trips in the City of Ithaca, $1.20 for one zone (suburban) trips, and $2.50 for two zone (rural) trips. ADA fares shall be implemented by 9/1/92. 7. Implementation of ADA paratransit service shall be based on the following priorities and milestones: 1. Paratransit service to match week day public transit schedule (5am-8pm) 1/1/93 2. Paratransit service on Saturdays 6/1/93 3. Evening paratransit service (8pm to 2am) 9/1/93 8. ADA market research shall be initiated to conduct a demand survey of ADA eligible passengers and to refine marketing and public information access on ADA paratransit. services. An ADA marketing group shall be established by 10/1/92 to complete a marketing plan by 5/1/93. Public information will be produced in accessible formats for mobility, sight, hearing and speaking impaired persons. 9. An ADA Advisory Board shallbe established by 9/1/92 to oversee implementation of the ADA 9 B. Timetable of Bus Fleet Replacement Inventory of bus fleets shows that combined transit fleet will take longer than five -years to be replaced with wheelchair accessible buses. The following table provides the number and make of vehicles in the County's fixed route fleet. It also gives the estimated/expected life span of the vehicles in service, the projected replacement time, and accessible conditions. Owner Model _ Vehicle Type Production Replace Accessible IT Flexible Bus 1977 1992 No IT GMC/RTS Bus 1980 1992 No IT Orion Bus 1983 1995 No IT Orion Bus 1983 1995 No IT Orion Bus 1983 1995 No IT Orion Bus 1989 2001 No IT Orion . Bus 1989 2001 No IT Orion Bus 1989 2001 No IT Orion Bus 1989 2001 No IT Orion Bus 1989 2001 No TOMTRAN Thomas Bus 1981 1993 No TOMTRAN Thomas Bus 1987 1995 No TOMTRAN Thomas Bus 1987 1995 No TOMTRAN Orion Bus 1991 2005 Yes TOMTRAN Orion Bus 1991 2005 Yes TOMTRAN Orion Bus 1991 2005 Yes TOMTRAN Orion Bus 1991 2005 Yes CU Thomas Bus 1981 1993 No CU Thomas Bus 1981 1993 No CU Thomas Bus 1981 1993 No CU Thomas Bus 1981 1993 No CU Thomas Bus 1981 1993 No CU Thomas Bus 1981 1993 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1981 1994 No CU Thomas Bus 1987 1999 No 10 Tioga Dodge Van 1986 1992 No Tioga Dodge Van 1986 1992 No Tioga Dodge Van 1986 1992 No Tioga Dodge Van 1987 1993 No Tioga Dodge Van 1988 .1994 No Tioga Dodge Van 1988 1994 No Tioga Dodge Van 1990 1998 No Tioga Dodge Van 1990 1998 No Tioga Dodge Van 1991 1999 No Tioga Dodge Van 1991 1999 No 11 CHAPTER FIVE PUBLIC PARTICIPATION IN THE PLANNING PROCESS OF THE ADA TRANSIT PLAN The planning process of the ADA Transit Plan involves transit agencies participation, coordination, and cooperation. It also consists of outreach efforts and consultation with persons as well as organizations of the public transit disabled groups or individuals. The submitting entities have made efforts to solicit participation in the development of this plan. These entities have developed contacts by various means with individuals as well as groups of persons who represent those with disabilities. A special committee consists mainly of representatives of disabled groups has been formed to provide input in all phases of the Plan development. The ad hoc advisory committee which put together the plan included five disabled persons and transit management staff. Committee Membership: Brenda Kuhn, Chair Raymond Reynolds Diann Samms Laberta McGruder Jamie Umhey Dwight Mengel Xiaoxia Williams Bemard Carpenter Nancy Oltz William Stebbins William Crissey The input from the Committee members has been very important to developing the Plan. The plan's recommendations were developed and approved by the Committee. The planning process gives the public and plan participants ample opportunity for commenting on the draft plan. Copies of the plan are available, in accessible formats, during May, 1992. A Public Hearing is scheduled for May 28. Public notice of for public review of the plan and of the hearing is occurring using paid advertising and public information sources. Representatives from the public transit disabled groups will be expected to continue their participation throughout the coming five years while this ADA Transit Plan is being implemented. Appropriate resolutions will be adopted by the County and City. Cornell University will indicate their acceptance of the plan by letter. 12 Appendix A. - Forms REQUEST FOR CERTIFICATION OF ADA PARATRANSIT ELIGIBILITY Persons applying for certification of ADA Paratransit Eligibility should fill out Form A. Form B is to be filled out by a physician or certified health professionals. The information from the applicants and health professionals will be used only by the paratransit providers for the provision of requested transportation services. FORM A 1. Name 2. Address State Zip 3. Telephone Number (Home) (Work) 4. Date of Birth 5. What is the disability which prevents you from using our fixed route service? Is this condition temporary? If YES,expected duration until 6. How does this disability prevent you from using fixed route services? Please explain completely. Use an additional sheet if needed. 7. Are there any other effects of your disability of which we need to aware? The following information will be used to ensure that an appropriate vehicle is utilized to provide your transportation and that an accurate analysis of your trip requests can be made by the GADABOUT Paratransit Agency. 8. Do you use any of the following aids to mobility? (Check all that apply) Manual wheelchair Electric wheelchair Powered scooter Cane Crutches Personal care attendant Guide dog_ 9. Do you require a personal care attendant when you travel by public transit? Yes No 10. Please answer the following questions: Can you travel 200 feet without the assistance of another person? Yes No Sometimes Can you travel 1/4 mile without the assistance of another person? Yes No Sometimes Can you travel 1.5 miles without the assistance of another person? Yes No Sometimes Can you climb three 12 -inch steps without assistance? Yes No Sometimes Can you wait outside without support for ten minutes? Yes No Sometimes 11. I hereby certify that the information given above is correct. Signed Date / / 12. If this application has been completed by someone other than the person requesting certification, that person must complete the following: Name Address State Zip Daytime Telephone Signed Date / / In order to allow GADABOUT to evaluate your request, it may be necessary to contact a physician or other professional to confirm the information you have provided. Please complete the following information and authorization form. The following (check one) physician Health Care Professional Rehabilitation Professional is familiar with my disability and is authorized to provide information to the required to complete this certification. Name Address State Zip Daytime Telephone Print name Date of birth / / Signed Date / FORM B. Request for Professional Verification Dear The attached authorization form is submitted by , who indicates that you can provide information regarding his/her disability and itsimpact upon his/her ability to utilize public transit services. Federal law requires public transit agencies to provide paratransit services to persons who cannot use transit buses. The information will allow us to evaluate this request and its application to specific trip requests. Thank you for your cooperation. Capacity in which you know the applicant: Medical diagnosis of condition causing disability: Is the condition temporary? Yes No Expected duration until If the person has a disability effecting mobility, is the person: Able to walk 200 feet without assistance? Yes No Sometimes Able to walk 1/4 mile without assistance? Yes No Sometimes Able to walk 1.5 miles without assistance? Yes .No Sometimes Able to climb three 12 -inch steps without assistance? Yes No Sometimes Able to wait outside without support for ten minutes? Yes No Sometimes Does this person use any mobility aids? If so, specify. If the person has a visual impairment: Visual acuity with best correction: Right eye Left eye Both eyes Visual fields: Right eye Left eye Both eyes If the person has a cognitive disability, is the person able to: Give addresses and telephone numbers upon request? Yes No Recognize a destination or landmark? Yes, No Deal with unexpected situations or unexpected change in routine? Yes No Ask for, understand, and follow directions? Yes No Safely and effectively travel through crowded and /or complex facilities? Yes No Is there any other effect of the disability of which the Paratransit Agency should be aware? Please describe. Your name: Office address: Office phone number: Signature: OFFICE OF CITY ATTORNEY CITY OF ITHACA 108 EAST GREEN STREET ITHACA. NEW YORK 14850 MEMORANDUM i&GT a WIN C13/113338 TO: Mayor Benjamin Nichols All Department Heads Members of Common Council Chairpersons of all City Boards and Commissi FROM: Patricia M. Kennedy, Assistant City Attorne' DATE: March 24, 1992 SUBJECT: Implementation of the Americans With Disabilities Act TELEPHONE: (607) 274-6504 FAX: (607) 272-7348 This memorandum is intended to provide the paid and volunteer members of City government with some basicinformation about the Americans With Disabilities Act, to clarify someof the goals and minimum standards of the Act, to stimulate discussion and creative response to meeting our responsibilities under the Act and to provide information about some of our basic resources for insuring access. This memo will focus on the role of the City in prohibiting discrimination against individuals with disabilities in the provision of services, programs, and activities. The focus will.. be on the meetings and other types of activities, programs and services provided by the City, including those provided over the telephone. Our officeplans to prepare and circulate additional material on the subjects of public transportation and employment in the near ,future. SOME GENERAL BACKGROUND The Americans with Disabilities Act (ADA) is a wide-ranging civil rights statute that prohibits discrimination against people with disabilities. The Act is intended to provide protection to individuals with disabilities similar to that provided to women, minorities and others under the Civil Rights Act of 1964. It has been estimated that there are more than 43 million Americans and about 2.5 million residents of New York State who have some type "An Equal Opportunity Employer with an Affirmative Action Program" Recycled Paper of physical or mental impairment that substantially limits activities such as walking, talking, seeing or self-care. As a "public entity" the City of Ithaca is covered by Title II of the ADA. Effective. January 26, 1992, the ADA provides that no qualified individual with a disability can be excluded, by reason of that disability, from the benefits, services, programs or. activities ofa public entity. This section of the Act extends the prohibition of discrimination which has existed for federally assisted programs under Section 504 of the Rehabilitation Act of 1973 to all activities of state and local governments, including those that do not receive federal financial assistance. This section of the act also incorporates the specific provisions against discrimination on the basis of disability from all of the. other sections of the ADA (Title I Employment; Title III - Public Accommodation; Title V - Miscellaneous). Title II, therefore, adopts the general prohibitions against discrimination established under Section 504, as well as the requirements for making programs accessible to individuals with disabilities and for providing equally effective communications to all persons. WHO IS CONSIDERED "DISABLED" UNDER THE ADA? ADA protection is extended to any person with a disability. The term "disability" is defined by the Actin three components. First, a disability is any physical or mental impairment which substantially limits an individual's ability to perform one or more major life activities. Such activities include walking, talking, seeing, hearing and caring for oneself. Secondly, -a record of such an impairment can be considered a disability under the ADA. Third,. someone who is "regarded as" having an impairment may also be entitled to ADA protection. WHAT CONSTITUTES DISCRIMINATION? In the public service context, discrimination can basically fall into several categories. The most obvious form of discrimination against the disabled is that created by architectural barriers to access. In other words, when a disabled person cannot attend a meeting, use a service available to others or participate in a program offered by the City because the building in which the meeting, service or program is offered is designed or constructed in such a way that a person with disabilities cannot attend. The ADA requires that all governmental activities, even if they are carried on by private contractors, be accessible. 2 All meetings, services, programs and activities offered by the City should take place in buildings which are architecturally accessible to those who have mobility or visual impairments. There is a second category of activities which includes communication with the public. For example, telephone contacts, office walk-ins or interviews and the public's use of the City's facilities. These services must also be provided in an architecturally accessible fashion. The Act requires that, to the maximum extent feasible, facilities must be accessible to and usable by individuals with disabilities. This means that itis not sufficient to provide features such as accessible routes, elevators or ramps if those features are not maintained in a manner that enables individuals with disabilities to use them. Inoperable elevators, locked "access" doors, "accessible" routes that are obstructed by furniture, filing cabinets or potted plants would not be considered accessible to nor usable by individuals with disabilities. The architectural access standards under the ADA do not require that extensive retrofitting of existingbuildings take place: so.. long as alternative methods.. are adopted for the provision of. programs. Title II requires a public entity to make its programs accessible in all cases, except where doingso would result in a fundamental alteration inthe nature of the program or an undue financial and administrative burden. Congress intended that the "undue burden" standard in Title II be significantly higher than the "readily achievable" standard in Title III (which covers places of public accommodation). Title II is intended to insure that individuals with disabilities can participate in and benefit from services, programs or activities of public entities in all but the most unusual cases. The decision that compliance would result in an undue burden or. extensive and expensive alteration must be made by the head of the public entity or by someone designated by that person. In other words, any decisions which would deny access must be made by the Mayor or a Department Head -- someone who has budgetary authority and responsibility for making spending decisions. Structural changes in existing facilities are required only when there is no other feasible way to make the service or program accessible. The City may comply with program accessibility requirements by delivering services at alternative accessible sites. Of course, all new construction must be consistent with current accessibility standards. 3 COMMUNICATIONS The City is required to take whatever steps are necessary to insure that communications with applicants, participants and members of the public with disabilities are as effective as communications' with those who are not. disabled. Under Title II, the City is required to furnish appropriate "auxiliary aids and services" when necessary to ,afford • an individual with a disability an equal opportunity . to participate in and enjoy . the benefits of all of the City's services, programs or activities. The City is required to provide an opportunity for individuals with disabilities to request auxiliary aids and services of their choice. The City is required to honor the choice for auxiliary service unless the City can demonstrate that another effective means of communication exists or that the use of means chosen would not be required under the Act. The federal regulations indicate that deference to the request of the individual with a disability is desirable because of the range of disabilities and the variety of modern auxiliary aids and services. For instance, some court rooms are now equipped with "computer-assisted transcripts" which allow virtually instantaneous transcripts of court room argument and testimony to appear on displays. • Such systems, which are quite expensive, might be an effective auxiliaryaid for a person who is deaf or has a hearing loss and who uses speech to communicate, but. may useless for someone who primarily uses : sign language. In some circumstances a note pad and written materials may be sufficient to ,permit effective communications. In other circumstances, this will notbe sufficient and, a qualified interpreter may •be necessary when the information being communicated is complex or exchanged for a lengthy period of time. The City, in providing these services, in entitled to consider factors such as whether an interpreter may be the better choice because of the number of people involved. or the importance of the communication. INFORMATION AND SIGNAGE Title II requires the City to provide information to individuals with disabilities concerning accessible services, activities and facilities. The City is required to provide signage at all inaccessible entrances to each of its facilities that directs users either to an accessible entrance or to another location with information about accessible facilities. For example, signage somewhere in a large building should indicate where a hearing- impaired person may be able to find a TDD -equipped pay phone or a TDD -equipped phone which is accessible to the public. . NOTICE Title II requires that the City disseminate sufficient information to applicants, participants, beneficiaries and other interested persons to inform them of the rights and protections afforded by the ADA. Some of the suggested methods for providing this information include the publication of information in handbooks, manuals, and pamphlets which can be distributed to the public and which describe methods for access to the City's programs and activities. The City could also display informative posters in service areas and other public places or broadcast the information by television or radio over local channel or access channels. Whatever method of providing notice is selected, the City is required to comply with the general requirements for effective communication. In other words, if auxiliary aids or services will be necessary in order to communicate notice requirements to the potentially disabled public, the City will need to do that on a regular basis. TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDDs) Title II requires that where the City communicates with applicants: and beneficiaries by telephones, TDDs or equally effective. telecommunication systems must be used to communicate with individuals with impaired speech or hearing. Some problems have arisen: when public entities which do not have TDD need to communicatewith an individualwho has a -TDD or vice versa. One way that this problem is being dealt with is through a separate section of the ADA. Title IV of the ADA requires the establishment of telephone relay services to permit communications between individuals who communicate by TDD and individuals who communicate by telephone alone. New York has established this relay. If you are on a "voice" phone and wish to use the relay service to call someone on a TDD, the number is 1-800-421-1220. If you are going from a TDD line to a voice line, the relay number is 1-800-662- 1220. The relay operator will help you by acting as a conduit for the voice and TDD transmission. For those who have never seen one, a TDD, a photo is attached. The Federal government encourages entities which have extensive telephone contact with the public such as City Hall, public libraries and public aid offices to have TDDs to ensure more immediate access. TELEPHONE EMERGENCY SERVICES Many public entities including City government, provide telephone emergency services by which individuals can seek immediate assistance from police, fire, ambulance and other emergency services. I believe that both the Fire Department and the Police Department are currently outfitted with telephone emergency 5 services which are accessible to persons with impaired hearing and speech. SELF-EVALUATION The Act requires that the City evaluate its current practices and policies to identify and correct any which are not consistent with the requirements of the ADA. The City has until January 26, 1993 to complete that self-evaluation. The self-evaluation must be in writing and must be maintained in a file which is available and accessible to the public. The self-evaluation report must be kept for at least three (3) years. The self-evaluation should include an examination of training efforts to ensure that individuals with disabilities are not subjected to discrimination because of insensitivity. The U.S. Attorney's Office suggests that lack of training could lead to discriminatory practices even when the discrimination is not intentional. •Itis very clear that conducting the self-evaluation does not put off the effective date of the ADA. Starting with January of 1992 the ADA requirements for public entities have been effective and applicable to the City of Ithaca. Because the City was already attempting tocomply with requirements of Section 504 of the Disability Act as a result of its receipt of federal. funding, some of the architectural access issues have been already discussed, addressed and implemented'. However, self-evaluation is not going to shield the. City from discrimination claims for those sections of the Act. GRIEVANCE PROCEDURES AND COMPLAINTS The Act requires that all public entities that employ fifty (50) or more persons establish a grievance procedure for the resolution of complaints. Any disabled person who believes that he or she has been subjected to discrimination on the basis of disability can file a complaint either with the City or with any agency providing funding to the City, or with the Department of Justice. Complaints should be filed within one hundred. and eighty days (180) of the date of the alleged. discrimination. The Act encourages voluntary compliance agreements but provides for the payment of at'torney's fees by the municipality to the attorney for the individual.who.has been discriminated against. The Act also authorizes and encourages the use of alternative means of dispute resolution. 'Leslie Chatterton's."Accessibility Survey Update" of January 1992 is now available in the Planning Department. 6 No City will be excused from compliance with any of the requirements of the Act because it was unable to identify an agency which could provide technical assistance to it in conforming with the Act. H. Matthys Van Cort, Director of Planning and Development, has been designated under the old Section 504 to hear complaints. A copy of the Grievance Procedure as established for 504 complaints and as adopted by Common Council on August 7, 1985 is attached. WHERE SHOULD WE GO FROM HERE? It is the suggestion of our office that all Departments, boards and commissions and others who are responsible for the planning or implementation of City programs, services or activities begin the self-evaluation process with the intention of creating a written report as soon as practicable. Primary attention should be given to: 1) Identifying programs, services or activities provided by the City department or commission. 2) Identifying ,any architecturalbarriers prohibit those with disabilities from participating program, service or activity. 3) Determining what structuralchanges might to eliminate architecture barriers. which would fully in the be necessary 4) Determining alternative methods of providing the program, service or activity which would not require structural changes. 5) Determining what steps would be necessary to insure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others who are not disabled. 6) Determining how to participants or beneficiaries of their rights and option for commissions, programs, service or notify potential applicants, with different disabilities access to the departments or activity. 7) Developing a complaint procedure and person identified. to act to resolve complaints.. RESOURCES One of the City's best resources for performing this self- evaluation and implementing the goals and requirements of the ADA is the City's Disability Advisory Council. Brenda Kuhn, the Chair of that Council, has indicated that Council members are willing to 7 provide suggestions to City staff and volunteer boards as the City seeks to insure that its citizens with disabilities have full access to all that the City offers. Another good resource is the Finger Lakes Independence Center. John Ives, who is on the Center's staff, provides "Barrier -free" consultations. As I indicated at the beginning of this memo, there will be follow- up materials on employment and transportation services. In general, Title I of the ADA which deals with. employment takes effect on July 26, 1992 for employers with twenty-five (25) employees or more. Public transportation provisions are included in Title II. Since August 26, 1991, all public entities which purchase passenger. transport vehicles have been required to insure that such vehicles are accessible and usable by individuals with disabilities. By June of 1992,. entities which operate fixed route systems are required to provide para -transit systems for those with disabilities to the extent that undue financial hardship is not incurred. New public transportation facilities must be accessible and key existing stations or transit locations must be accessible by July 26, 1993. Questions may be addressed to our office and if we do not know the answer we will attempt to find it. Attachments 8 TM 4 g TeIeeornmunications Device for the Deaf • ✓'J'�(i.�,:• ''''rt rt, Portable printing T DE So you'll remember every word. This easy-to-use printing TDD is rugged, reliable, and packed with features for you. You'll love the easy -touch keyboard. And the memory lets you save and send messages. You can even add auto answer to receive messages while you're away. For travel, just snap on the hard case cover, pick up the handle, and go! Servicing is simple. Superprint's 24 -character printer slides in and out. You can even replace the batteries yourself. Superprint — so you'll remember every word. wilt] rn rnon y Features • Completely portable. easy to use • Easy -touch 4 -row key board • Memory to save and send messages • 24 -character printer • Clear 20 -character display • Rechargeable batteries • One year warranty • Includes case cover and carrying handle • Auto answer, keyboard dialing, TDD AnnouncerTM (built-in voice), and ASCII code are available. • Printing Telecommunications Device for the Deaf Big features in a printing TDD. That's the Superprint. Every Superprint comes with a four row keyboard for typing ease, a 2048 character memory to save and send messages, a bright 20 -character display, user - serviceable batteries, AC adapter, a built-in carrying case, and U.S. and International TDD codes. Exciting Superprint options include ASCII code (to talk to computers) and the new TDD AnnouncerTM; the - . built-in voice that announces your call with a pleasant message until it is answered by another TDD. The Superprint 100 comes with a printer port for hook-up to an external printer. If a rugged, dependable TDD with a built-in printer is your choice then you'll want the Superprint 200. Want a printing TDD with Auto Answer? The Superprint 400 is for.. you. While you're away, the Superprint 400 answers your phone and takes messages for you. It also connects directly to your phone; has keyboard dialing, and the built-in printer. With a Superprint you get the features you want. You can • get them now or add them later. Superprint TDDs are built to last, year after year, bringing you the best in portable printing communications. Superprint is distributed by:. Features Handset coupler TDD AnnouncerTM Paper compartment Direct connect switch Direct connect jack Printer switch Printer module (slides out) • Signal light Power light Case cover 20 -character display On/off switch autittm,/tvr se e 43 key 4 -row keyboard Large space bar Specifications AC charger/adapter • Carrying handle Physical Dimensions Size: 12.5" x 9" x.3" - .,(317.5mm x 228.6mm x 76.2mm) Weight: 4.75 lbs. (2.2 kg) with batteries Power NiCad rechargeable batteries (6 size AA) AC charger/adapter: 9VDC, 650 ma Adapter fits inside the case UL/CSA°listed Keyboard 4 -row keyboard 43 easy -touch keys Typewriter -style layout 13 special function keys Display Bright 20 -character display 0.25" (6mm) character height Telecommunications Baudot (TDD standard) code International (50 baud) code Coupler accepts both circular and square handsets FCC approved High/Normal Sensitivity Control (E.A.R.S TM) External Printer Option Memory 2k (2048) character memory Non-volatile Stores conversations - Stores and sends pre -typed message Printer Module 24 -column printer Inserts into unit without tools Print speed 0.8 lines per second 20 -column printer available 21/4" (58mm) wide paper Upper and lower case print Auto -Answer Module Automatically answers calls Changeable answer message Directly connects to telephone line Keyboard dialing Computer (ASCII) Code Module Allows communications with computers and ASCII TDDs ASCIIMY character set 110 and 300 Baud Answer/Originate Full/Half duplex Automatic code detection on incoming calls _ %44 62 Normandy Lane 'La/ /1:117 -Er, Madison. Wisconsin 53719 r (6081273-0707 (Voice/WO/ • • Printer port for hook-up to external printer (included with the Superprint 100) • Full-size 80 column printer and connecting cable available ... CHAPTER II. GRIEVANCE PROCEDURE Step 2 in the Revenue Sharing requirements is the adoption of a grievance procedure to ensure prompt and equitable review of complaints alleging handicapped discrimination. The Grievance Procedure must incorporate due process standards, and must contain: (I.) A detailed description of the procedures for the submission of a grievance; (2.) A reasonable timetable for review and resolution of the grievance; (3.) A two-step review process which allows for appeal; and (4.) Provisions for keeping a record of all grievances sub- mitted and documentation of steps taken toward resolu- tion. In accordance with Revenue Sharing requirements, the following Grievance Procedure and Amendment were adopted by Common Council on August 7, 1985. Public comment was invited at a meeting on .handicapped accessibility held on July 25, 1985. RESOLUTION WHEREAS, Section 504 of the Federal Rehabilitation Act of 1983 prohibits discrimination on the basis of handicapped status in programs of Federal financial assistance, and WHEREAS, the Office of Revenue Sharing, in 31 CFR 51, has adopted a Section 504 implementation plan which includes the establish- ment of a grievance procedure by any government recipient of Revenue Sharing funds, and WHEREAS, the City of Ithaca is a recipient of Revenue Sharing funds and wishes to comply with the above requirements, NOW, THEREFORE, BE IT RESOLVED, that the City of Ithaca hereby adopts the following Grievance Procedure: 9 GRIEVANCE PROCEDURE [Adopted by Common Council August 7, 1985.] Statement of Intent It is the intent of the City of Ithaca -Common Council that all programs and activities of the City of Ithaca which are designed to be made available to the public shall be made accessible to the handicapped in accordance with the provisionsof Section .504 of the Rehabilitation Act of .1983 and other applicable Federal Agency Rules including the Office of Revenue Sharing provisions 31 CFR Part 51.55. . The following Grievance Procedure is established to meet the requirements of the Revenue Sharing Act. It should be used by any individual who wishes to file a complaint alleging discrimination on the basis of handicap in employment practices and policies or the provision of programs, services and benefits by the City of Ithaca. , The Section 504 Program .Coordinator, appointed by the Mayor, is the desig- nated responsible City employee to coordinate the City efforts, to receive complaints from aggrieved persons- and to establish due process procedures to insure prompt and equitable resolution of complaints. Procedure' 1. The Grievance should be in written form and contain as much information as possible about the alleged discrimination, including name, address, phone number, location and description of problem. It should, be submitted by the complainant and/or his or her designee within 35 calendar days of the alleged violation to: The Section 50,4 Program Coordinator, City Hall, 108 East Green Street, Ithaca, N.Y. 14850, (607)-272-1713. Complainant may submit any information she/he deems relevant, including statements from witnesses or other. concerned .parties. Other arrangements for 'submis- sion of a grievance such as a personal interview or tape recording will be made available for the visually -impaired or those with motor impairments, upon request to the Program Coordinator. 2. The Section 504 Program Coordinator shall acknowledge receipt of the complaint within 5 working days, copying the Chairperson of the Human Services Committee of Common Council and the City department involved. The Section 504. Program Coordinator may at this, time request that addi- tional information be supplied by the complainant within 10 working days of request. The City Department and/or individual involved shall be given the right to respond to said grievance within 5 working days of notification. 3. Within 20 working days of receipt of the complaint, or of any addi- tional requested information, the Section 504 Program Coordinator will respond in writing '(and verbally, if requested) to the complainant and/or his or her designee,, copying the Chairperson .of the Human Services Committee and the City Department involved. The response will offer a resolution, explain the position of the City of Ithaca with respect to the complaint, or notify the complainant of actions taken to resolve the complaint. 10 Grievance Proc. Adopted by Comm. Council 8-7-85 page 2. 4. Grievance shall be presumed resolved unless complainant, in writing and within 10 working days of receipt of response, appeals to the Human Services Committee of Common Council in care of the Chairperson, City Hall, 108 East Green St., Ithaca, N. Y., 14850; coping the Section 504 Program Coordinator and the City department involved. In addition to the written appeal, a hearing may be requested at which the complainant may appear personally, or through a designated individual and/or bring an- advocate. Appeal, including a. hearing, if requested, will be considered at the next scheduled meeting of the Human Services Committee or within 35 calendar' days of receipt of the request --whichever is sooner. The City Department and/or individual involved shall be given the right to . respond to the griev- ance . during the appeal. 5. The Human Services Committee shall notify the complainant and/or his or her designee, of the final resolution within 35 caiendar days of the meeting or hearing. Notification .shall be in writing (and verbally, if requested), with copies to the section 504 Program Coordinator and to the City department involved. 6. Complaint shall be presumedresolved unless complainant initiates' litigation pursuant to Section 504 •of the Rehabilitation Act of 1983 or other applicable Federal agency rules. In addition to the above, the complainant may also appeal to the Tompkins County Human Rights 'Commission,, 1287 Trumansburg Road, Ithaca, N.Y., 14850 (Phone 274-5559) . All complaints received by the Section 504 Program Coordinator, and responses from the City of Ithaca or Human Services Committee will be kept by City of Ithaca for :a period of three years. These documents may be requested by the Office of Revenue Sharing should an investigation into alleged discrimination on the basis of handicapped status be initiated. 7-9-85 v. 8/7/85 Amendment to Agenda Item XVI.A - Grievance Procedure for Handicapped Access Under "Procedure", subdivide Step 2 into (2a) and (2b) between first and second sentence. Insert new Step 6: "If the progran. coordinator determines that, because of time constraints, the complainant will be effectively denied redress under the normal procedures even if successful, (e.g., the program will be over, or the job will be filled, before a hearing and determination can be ac- commodated under the above schedule) then Steps 2b, 3, and 4 (above) may be bypassed, and the Program Coordinator may request the Chairperson of the Human Services Committee to convene a special meeting of the Committee to hear the grievance and provide a final determination in a timely manner. The Program Coordinator, the complainant and/or the complainant's desig- nated representative, and the City Department Head or individual involved shall be invited. The Human Services Committee shall notify the complainant and/or his or her designee of the final resolution within five days of the hearing. Notification shall be in writing (and verbally, if requested) with copies to the Program Coordinator and to the City Department involved. Renumber Step 6 to become Step 7. 12