HomeMy WebLinkAboutDisMinutes_2009_08_21Brookings Committee for People who have Disabilities
August 21, 2009
A meeting of the Brookings Committee for People who have Disabilities was held at 2:00 p.m. on Friday,
August 21, 2009 in the Brookings City Hall with the following members present: Nancy Hartenhoff-
Crooks, Kim Wells, Kathy Heylens, Dave Bertelson, Alan Davis, Dave Miller, Lonnie Bayer, Jessie
Kuechenmeister, Jeff Vostad, and Dona Kornbaum. Absent: Kurt Cogswell.
Chair Dave Miller called the meeting to order at 2:00 p.m. The next meeting of the committee was
scheduled for September 18, 2009 at 2:00 p.m. The July minutes were approved. Kathy Heylens was
welcomed to the Committee.
New Business
Accessible parking space request – 316 5th Street. Mr. Tom Anderson has requested an accessible
parking space in front of his new business located at 316 5th Street to accommodate his customers.
The Committee discussed the request and recommended that an accessible standard or van parking
space only be added if there was sufficient room to meet ADA requirements by restriping. This
would include the 8’ space, 5 or 8’ access aisle the entire 20’ length of the space, curb ramp from
access aisle to sidewalk, detectable warning from sidewalk to aisle, and accurate vertical signage
(van or standard)). They further noted that the alley cannot be used as the access aisle and that the
sidewalk near Mr. Anderson’s business is in poor condition with several tripping hazards. This
needs to be repaired regardless if the parking space is installed or not.
As for the space in front of TV Productions, the other business owners in that block should be
consulted before it is removed. Even though TV Productions no longer sees a need for it, Steen
Bookkeeping or NWPS may still want it. It should also be brought into compliance whenever work
is done on that sidewalk or street.
The Committee and Thornes were concerned about the appropriate use of detectable warnings.
The truncated domes/detectable warnings are used by people with little or no usable vision use
environmental cues for safe and independent travel. These cues may include ambient sounds, edges
and other physical elements that can be sensed by using a cane, and texture changes underfoot.
Curbs are an important cue. Where curbs are lacking, such as at curb ramps, vehicle drop-offs, and
depressed corners at intersections, people with vision impairments may not be able to discern the
boundary between pedestrian and vehicular areas. Detectable warnings, a distinctive surface
pattern of domes detectable by cane or underfoot, are used to alert people with vision impairments
of their approach to streets and hazardous drop-offs. ADAAG requires these warnings on the surface
of curb ramps, and at other areas where pedestrian ways blend with vehicular ways. They are also
required along the edges of boarding platforms in transit facilities and at the edges of reflecting
pools not protected by railings, walls, or curbs. Therefore, accurate placement of detectable
warnings is critical. Incorrect placement is almost worse than no warnings at all. For example, if
there is a panel installed cueing the person with a visual impairment they are leaving the sidewalk
and entering the alley, then there needs to be another detectable warning cueing that person they
have left the alley and entered the sidewalk again.
Accessibility Review Invite to Brookings County to provide Accessible Parking Review.
The Brookings County Commission recently expressed concern about a lack of accessible parking
around the Courthouse during one of their meetings. Thornes suggested the Committee offer an
accessibility review and suggestions similar to the invite that was sent to the School District on the
high school expansion. There was consensus that the Chair should send a letter to the County
Commission Chairperson.
Proposed Amendment to City of Brookings Personnel Policies pertaining to ADA Accommodations.
The City of Brookings is revising its Personnel Policies including a section pertaining to ADA
accommodation. Thornes was asked to review and comment on the proposed revisions. She also
sent to the document to committee members and the staff at the ADA Technical Assistance Center
in Colorado Springs (DBTAC) (specifically, Jana Copeland who is a Title I employment specialist and
Maggie Sims, DBTAC Director). The Committee reviewed and agreed with all the recommended
changes made by DBTAC staff. Thornes will forward this document to the Human Resources
Department, City Manager and the City Attorney.
2.3 AMERICANS WITH DISABILITIES ACT (Effective – 9/1/09)
The City of Brookings is committed to complying with all applicable provisions of the Americans with Disabilities
Act ("ADA"). The Americans with Disabilities Act (ADA) provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services and programs, and telecommunications. Title II of the ADA states, in part, that "no
otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the
participation in, be denied the benefits of, or be subject to discrimination" in programs or activities
sponsored by a public entity.
The City of Brookings does not discriminate on the basis of disability in its hiring or employment
practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity
Commission under Title I of the ADA. It is the City of Brookings policy not to discriminate against any
qualified employee or applicant with regard to any terms or conditions of employment because of such
individual's disability or perceived disability so long as the employee can perform the essential
functions of the job. Consistent with this policy of nondiscrimination, the City of Brookings will provide
reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has
made the City of Brookings aware of his or her disability, provided that such accommodation does not
constitute an undue hardship on the City of Brookings.
Employees with a disability who believe they need a reasonable accommodation to perform the
essential functions of their job should contact the Human Resources Director. The City of Brookings
encourages individuals with disabilities to come forward and request reasonable accommodation.
The City has adopted this policy to provide prompt and equitable resolution of complaints alleging
any action prohibited by the U.S. Department of Justice regulations implementing Title II of the ADA
or the U.S. Equal Employment Opportunity Commission regulations implementing Title I of the ADA .
The City Manager is responsible for implementing an ADA policy in compliance with Federal Law.
2.3.1 Procedure for Requesting an ADA Accommodation
On receipt of an accommodation request, the Human Resources Director and Department
Head will meet with the employee to discuss and identify the precise limitations resulting from
the disability and the potential accommodation that the City of Brookings might make to help
overcome those limitations.
The City of Brookings will determine the feasibility of the requested accommodation
considering various factors, including, but not limited to the nature and cost of the
accommodation, the availability of tax credits and deductions, outside funding, City of
Brookings overall financial resources and organization, and the accommodation's impact on
the operation of the City, including its impact on the ability of other employees to perform
their duties and on City of Brookings’ ability to conduct business.
The City of Brookings will inform the employee of its decision on the accommodation request
or on how to make the accommodation. If the accommodation request is denied, employees
will be advised of their right to appeal the decision by submitting a written statement
explaining the reasons for the request. If the request on appeal is denied, that decision is final.
The ADA does not requires the City of Brookings to provide an effective reasonable
accommodation.make the best possible accommodationThe City is not required , to
eliminatereallocate essential job functions, or to provide personal use items (i.e., eyeglasses,
hearing aids, wheelchairs etc.).
An employee or job applicant who has questions regarding this policy or believes that he or
she has been discriminated against based on a disability should notify the Human Resources
Director. All such inquiries or complaints will be treated as confidential to the extent
permissible by law.
2.3.2 Complaint Procedure
Any individual who believes that he/she or a specific class of individuals with disabilities has been
subjected to unlawful discrimination on the basis of that disability by the City may, by himself or
herself or by any authorized representative, file a complaint using the grievance procedure as
outlined by City Resolution.
For the purposes of this policy regarding employee related issues, the Human Resources Director
will work in cooperation with the City assigned ADA Coordinator and assist in the formal
investigation.
2010 ADA Symposium – Denver, CO – June 21-23. Very exciting news! Next year’s
symposium will be hosted by our Rocky Mountain Regional DBTAC in Denver, Co, from June
21-23. Members were encouraged to attend. As a member of the Leadership Network,
the Committee may be involved in event planning.
Final Reports
ABLE Award Ceremony. Kuechenmeister attended the July 28th City Council meeting to present
the ABLE Award to the Brookings Wesleyan Church. She also handed out “mini” tape measures in
honor of the ADA. She noted that the media didn’t take a picture and arrangements should be made
next year to get pictures taken.
Durable Medical Equipment Drive Update (SD Cares).
Miller said the subcommittee is continuing to get calls and donations. They are working with Social
Services, Prairie Freedom Center, and Family Resources. This is the second drive. The first drive was
held in 2007 and the Committee gave the equipment to Easter Seals of SD who then placed the
items with individuals. However, Easter Seals is no longer active in SD, so the Committee was going
to utilize the SD Cares Organization. However, Miller is having some problems with that group. So,
the subcommittee is proposing direct distribution to individuals AND to area service providers
(Social Services, Voc Rehab, etc.). Thornes expressed concern that no longer having the Easter Seals
organization has a filter, the City may have some liability issues. In order to better protect us, she
felt a short receipt/disclaimer for equipment that is signed by the recipient individual or agency that
itemizes items received and states the Committee has no knowledge of history or workmanship of
the item and removes liability from future of the provides a disclaimer. She will contact the City
Attorney and report back at the next meeting.
Updates/Reports:
Accessibility Review Invite to Brookings School District. The following letter was sent to the
Brookings School District Superintendent. No response as of yet.
July 24, 2009
Roger DeGroot, Superintendent
Brookings School District
2130 8th Street South
Brookings, SD 57006
RE: Accessibility Review
Dear Mr. DeGroot:
On behalf of the Brookings Committee for People who have Disabilities, I want to offer the services of our group. Several
members of our Committee have significant experience consulting on accessible design for large public facilities. Some of
the projects the group has provided input on include the Larson Children’s Museum & Science Center, bike trail expansion,
downtown streetscape, Wellness Center, Performing Arts Center, Arts Festival, and election polling sites.
We would welcome the opportunity to provide accessibility design input on the Brookings High School Phase 3 and an
onsite review of the newly completed Camelot School.
If you feel it would be beneficial to have accessible design input from our team, we would be happy to volunteer our
services in this capacity. I can be contacted directly at 605-690-5873 or by email at dave@millsproperty.com to arrange
for such consultation.
Best regards,
Dave Miller
Chair, Brookings Committee for People who have Disabilities
cc: Paul Von Fischer, Brookings High School Principal
Shari Thornes, Brookings ADA Compliance Officer
Accessible Garden Plots. Hartenhoff-Crooks is participating in the Master Gardeners Training
program which requires 50 hours of community service. She has an idea to develop and
demonstrate an accessible garden at the community garden plots. She has spoken with Allyn
Frerichs, Park/Recreation/Forestry Superintendent, about the concept and he is open to the idea.
She asked if the committee may be interested in co-sponsoring the project with some supplies. She
noted that the design needs to be low tech and replicable (carpet on paths, etc.). She will prepare a
proposal narrative and budget for committee review. Thornes suggested that DBTAC may provide
grant funding.
Governor’s Award – Thornes prepared a draft timeline, press release and revised nomination form.
She noted that the state office won’t meet until September to review the program, so there is the
potential that the categories could change. The Committee agreed to proceed with the release as
planned, with a review of nominees at the September meeting.
2010 Governor’s Awards Nominations
Brookings Committee for People who have Disabilities &
Brookings National Disability Employment Awareness Month (NDEAM) Committee
Program Description. In coordination with local disability support organizations, the Committees actively seek
nominations for the Governor’s Awards, an annual program that recognizes individuals, employers and
agencies for their contributions to the rehabilitation and employment of persons with disabilities in South
Dakota.
Award Categories:
OUTSTANDING EMPLOYEE WITH A DISABILITY: This award is given to an employee with a disability in
recognition of outstanding achievements in competitive employment by overcoming a disability as well
as providing inspiration for other individuals with disabilities.
OUTSTANDING CITIZEN WITH A DISABILITY: This award is given to an individual with a disability in
recognition of outstanding achievements in overcoming a disability and for the promotion of
independent living and employment opportunities for other individuals with disabilities.
OUTSTANDING EMPLOYER: These awards are offered for outstanding achievement in improving
employment opportunities for persons with disabilities. Check appropriate category below:
_____ small private employer (non-government)
_____ large private employer (non-government)
_____ public employer (local, county, state, or federal governmental entity) of any size
DISTINGUISHED SERVICE: This award is given to an individual or organization in public recognition of
extraordinary contributions to advancing the empowerment and employment of people with
disabilities. Individuals or organizations should have contributions spanning 10 or more years.
PUBLIC PERSONNEL: This award is given to an outstanding South Dakota employee of any local,
county, state or federal agency who has made a substantial contribution towards the employment of
people with disabilities. Experience should span over a period of at least 10 years.
Proposed 2009/2010 Schedule
August 21st Committee Review
August 24th Issue press release soliciting nominations; Contact Partner Organizations (Voc Rehab, HR,
Advance, Career Advantage, others)
September 17th “Short Form” Nomination Deadline
September 18th Committee Meeting - Proclamation assignments; presentation arrangements
October 19th Proclamation Deadline
October 22nd Issue press release on local nominees
October 27th Nominees recognized at Brookings City Council Meeting
December 1st Long Form Deadline
December 11th Deadline to submit “long form” nominations to State
January 2010 Winner Notification
February 2010 State Reception
Program Measurements
o Number of nominees since program started in 1996.
o City Council meetings are televised – average viewer number of live, rebroadcast and webstream
o The winners received extensive publicity in local media outlets.
o Post evaluation conducted after event.
Budget
$0.00
October Awareness Month - Walgreen’s Speaker – Hartenhoff-Crooks said the Deb Russell from
Walgreens Corporate will be in South Dakota October 19, 20 and 21st speaking to a variety of
organizations.
Accessible Parking: No updates on the parking concern @ 165 Airport Avenue and the Brookings
Clinic is working on it. Bayer also noted that the Homestead Center doesn’t have any accessible
spaces. Miller will make contact.
Accessible Parking Brochure Publicity. Thornes has not been able to obtain a mailing list of all the
businesses in the Brookings area. The Chamber’s list isn’t complete and the Utilities Department
won’t release the information. Members asked if a utility insert to businesses only was a
possibility. However, Nancy noted that the downtown businesses don’t have control over accessible
parking and they shouldn’t be included. Thornes said her staff could prepare a list, but it would
take some time.
City Funding Request for 2010 Fiscal Year. Thornes reported no expected changes to the
Committee’s budget submission.
Summer Arts Festival Accessibility. After the July meeting, Thornes sent the following message to
the chair of the Arts Festival Committee: “…I just attended a meeting today with the Brookings Committee
for People who have Disabilities and I asked if anyone had heard of accessibility concerns at this year’s festival.
They had not, but noticed the accessible parking area was full. Note, that Committee members have attended
your committee meetings in the past related to accessibility, but it’s been some time since there’s been any
communication. In addition to being the City Clerk, I’m also the ADA Coordinator for the City and staff the
Committee. I promised to get in touch with you about the possibility of additional accessible parking adjacent
to the park and the addition of van accessible spaces so there are designed access aisles for people to drop
their ramps & wheelchairs. It’s good to bring these ideas forward early in the process before the next Festival
is upon us. I look forward to visiting with you!”
Thornes received the following response from Melissa Schulte; “…Thank you for your feedback regarding
parking accessibility at the festival. I noticed the parking along First Avenue was full at times as well. We also
have space available in our vendor parking area on the west side of the park for overflow and vans with lifts
that need the extra space. Our gate guards at First Ave and Sixth Street will reroute drivers to the parking
entrance off of Western Avenue on the west side of the park. Gate guards at that entrance have been alerted
via radio of the reroute and direct the driver when they come in to an available, accessible spot. I am not sure
exactly how much space is available in the parking lot in the park, but I can easily find out. Let me also get a
hold of the parking map inside the park so you can see where the extra spaces are located. We have our wrap
up meeting in a few weeks and I will be sure to ask our parking committee to talk about the issue and if we
need to make changes for next year. Obviously, I need to get more specific information from them about what
we have been doing. Our parking crew is very proud of how they manage the limited onsite and adjacent
parking we have and are always open to suggestions of how to improve. Thank you for bringing this to my
attention again. It is something we need to constantly review, but, sadly, may get taken for granted and
overlooked. We are already working on our lists of what needs to be changed for next year, so this is the
perfect time to review accessible parking. Let me get a full report from our side about how it went now while it
is still fresh in their minds and then let’s talk about it and see what we can do better.”
The Committee suggested Thornes and another committee member contact Schulte and
meet informally over coffee to discuss next year’s event.
Special Committee Reports:
Special Needs Subcommittee on the Pandemic Preparedness Group (Wells & Bayer) – No report -
the group hasn’t met yet.
Transportation Board Report. No report.
City ADA Coordinator’s Report:
Brookings Health Systems Expansion Plans – Thornes gave the group a copy of the 7/31 report.
The review team is scheduled to review the final plans in late September.
Senior Citizen Lot/4th Street/Community Cultural Center – Copies of the 7/24 review and
updates from the architect were provided to the committee. All corrections and design
recommendations were incorporated into the final plan.
Streetscape Parking Report – Thornes has not completed the report, but since work is
underway downtown she will prepare a summary early next week and submit to the City
Engineer.
ADA Conference Call – Thornes thanked Hartenhoff-Crooks for participating in the 7/22
conference call.
Draft Form “Request for Accessibility Modifications to the Public Right of Way” – The
committee review a draft form.
Police Entrance – Thornes reported that plans to make the police department public entrance
accessible are in the 2010 budget. This violation has been cited in the transition reports since
1992. Plans to fix the entrance have been included, but later cut out of several budgets over
the years.
Post Office Parking Lot – Thornes was contacted by maintenance personnel at the Brookings
Post Office inquiring about accessible parking lot requirements. Thornes sent him the new
brochure. No further updates on the Access Board complaint.
Other:
Correspondence/Announcements (Monthly Report Reminder)
Calendar:
October 29th City Volunteer Appreciation Luncheon – Swiftel Center – Noon
December 3rd Mayor’s Christmas Party (tentative)
June 21-23, 2010 National ADA Symposium
Future Agenda Items.
Meeting adjourned at 3:45 p.m.
Submitted by Shari Thornes