HomeMy WebLinkAboutDisMinutes_2011_07_22Brookings Committee for People who have Disabilities
July 22, 2011
A meeting of the Brookings Committee for People who have Disabilities was held at 2:00 p.m. on Friday,
July 22, 2011 in the Brookings City Hall with the following members present: Dave Miller, Kathy Heylens,
Sylvia Lozada, Alan Davis, Jessie Kuechenmeister, Jeff Vostad and Nancy Hartenhoff-Crooks. Absent:
Dona Kornbaum, Matt Simet and Lonnie Bayer. Shari Thornes was also present.
Miller called the meeting to order at 2:15 p.m. Action to approve the June minutes was postponed until
the next meeting to allow additional time for review.
Schedule future meetings: - August 19th @ 2:00 p.m.
New Business:
Snow Removal Policy Research. The Committee has concerns about accessibility of the city’s sidewalks
during winter months due to tardy or inadequate snow removal. Property owners have 48 hours after
snowfall to clear walkways. Enforcement is provided in Brookings Ordinance No. 74-212 which states, If
the owner or person in possession or in charge of any such lot, parcel or plot of ground shall fail or refuse
to remove the snow or ice from such sidewalk within 48 hours of the falling snow or the forming of ice,
the city may, if practicable, remove or cause to be removed such snow or ice. The city may assess the
cost of snow and ice removal against the fronting or abutting property in accordance with the provisions
of this division.” There is interest in harsher penalties and quicker enforcement to improve accessibility.
Hartenhoff-Crooks has been researching snow removal ordinances and related policies of several
Midwestern cities (Billings, MT; Madison, WI; St. Cloud, MN; Rapid City, Madison, Spearfish, Sioux Falls,
Aberdeen and Vermillion) and found the majority require removal 24 hours after snowfall, many with
stringent fines. Brookings is 48 hours and no specific fines mentioned. For example, Madison, WI,
provides clear direction on exactly when walks must be cleared and violators are cited $114 the first time
and subsequent violations are $177 each time. Their ordinance also very clearly states that no warnings
are given for this ordinance violation. Madison also provides referral information to community
agencies for elderly and people with disabilities who cannot afford to hire someone.
Any desired changes to the Brookings snow removal practices would require an ordinance amendment.
Hartenhoff-Crooks and Thornes will draft a summary of other cities’ practices and proposed draft
ordinance changes for committee review at the next meeting. Miller offered to present the information
to the city manager.
Public Education on Van Spaces. Quantity and type of accessible parking spaces is determined by the
size of parking lot and facility. Every business and governmental facility is required to provide at least
one van accessible parking space. The difference between a van and standard accessible space is the
access aisle: van (8’ x 20’) and standard (5’ x 20’). Van spaces have a wider aisle to provide enough
space to deploy a wheelchair lift. Anyone with an official accessible parking tag can park in any
accessible space, regardless of vehicle type. However, there is frustration for individuals with disabilities
or their caregivers who drive a van and can’t find a space because all are used by non-vans. Miller
suggested a public education campaign that educates drivers on the differences between a standard and
van space and encourage use of standard spaces first. It was clarified that it is not illegal for a sedan
with a disability placard to park in a van spot nor can they be ticketed. He suggested the following
windshield flyer language, “If other spots are available, keep these open for vans.” Thornes will email
draft language to the committee for editing and then will ask for input from Shelly Pfaff, SD Coalition of
Citizens with Disabilities (SDCCD), DBTAC, and Paralyzed Veterans of American (PVA). Once approved,
the public service announcement would be publicized on the government channel, city website, County
Treasurer’s Office (vehicle registration), and State Driver’s License office.
Project & Issue Updates:
Vacancy. The committee vacancy is being readvertised with a closing deadline of August 15th.
Hartenhoff-Crooks invited Teresa Hall, SDSU Chair of Construction Management, to apply. She declined
but may have interested faculty within her department. Dr. Brian Rex, SDSU Architecture Program, was
also suggested. Heylens will contact Dr. Rex.
ABLE Awards. The South Dakota Children’s Museum has confirmed reception/event availability for the
following dates: September 8, 22 or 29. Thornes and staff will now coordinate scheduling with the
award winners, Mayor Reed, the Committee, Brookings Historic Preservation Commission, and other
invited guests.
Festival. The Committee discussed accessibility at this year’s Brookings Summer Arts Festival and
surrounding events held July 9-10. Accessible parking on the east side did not have access aisles. West
side parking was close to the park on Saturday, but was moved much farther west on Sunday. Of note,
there was a new food vendor located near the bandshell with an accessible counter (34” high or less).
Staff will prepare draft accessibility temporary event policy changes for committee review.
Kuechenmeister will research other festivals for accessibility requirement. Checking the Minnesota
Renaissance Festival’s current procedures and policies was suggested because of Department of Justice
took action to require the Festival implement accessibility modifications.
Additional Reports:
Transportation Board Report. No report.
Special Needs Population Report. No report.
City ADA Coordinator’s Report
City Sidewalk Policy. The following letter outlining the committee’s policy position on sidewalks was
finalized and sent to the City Engineer on July 5th. No further action is needed on this issue at this
time.
July 5, 2011
Jackie Lanning, City Engineer
311 3rd Avenue
Brookings, SD 57006
RE: General Policy Position Regarding Sidewalks
Dear Jackie:
The Brookings Committee for People who have Disabilities would like to express its support of
City Ordinance 31-08, Section 74-182.
Section 74-182. Sidewalk specifications.
The construction of all sidewalks, whether performed by direct contract with the city or by
contract with the abutting property owners, shall be performed strictly in accordance
with specifications for sidewalks adopted by the city council and on file in the office of the
city clerk. The city engineer shall have full power to condemn work and material which is
not in accordance with the requirements of such specifications.
Portland cement concrete sidewalks per city specifications will be installed on each lot at
the time of construction. After two years after sidewalks have been constructed on
seventy (70) per cent or more of the frontage along a hard-surfaced street between two
(2) street intersections, the remaining sidewalk along said street shall be installed.
However, as provided by state law, the City Council may order said sidewalks installed at
any time that they may determine them to be necessary.
It is the position of the Committee that sidewalks not only increase the quality of life for people
in the community, but are also necessary for the safety of all people, including those with
disabilities.
The omission of sidewalks puts people with disabilities at risk whenever they would need to
traverse in the streets; particularly when they need to maneuver around parked vehicles in the
street. Often individuals who use wheelchairs have limited visibility; which is often the result of a
low profile, therefore maximizing safety is a priority. The risk does not exist solely for people
who use wheelchairs. Safety will be a concern for people with limited mobility, or individuals
reliant on various forms of adaptive equipment, such as walkers or canes; additionally,
individuals with visual or auditory impairment, will also be at high risk.
Additionally, the omission of sidewalks may increase the amount of children walking in the
streets. Families enjoying an evening walk will also be limited, having little choice but to walk in
the street. The omission of sidewalks will place all people at risk. Care should be taken to
maximize safety for all individuals, preventing unnecessary risks if possible.
To avoid these scenarios and for the safety of all people, although not a requirement of the
American with Disabilities Act, the Committee supports City Ordinance 31-08, Section 74-182 and
believes the requirement of sidewalks is necessary.
Respectfully,
Dave Miller, Chair
Brookings Committee for People Who Have Disabilities
Municipal Liquor Store/Brookings Mall. The Brookings Municipal Liquor Store is located in the
Brookings Mall as a tenant. The store’s entrance is in a low spot and water runs into the storm
during heavy rains. The city and mall owner are raising the grade and installing a curb to mitigate
the water and the curb ramp will be relocated slightly north of the entrance. Thornes is working
with city officials and the property owner on the new design including a new crosswalk to the
adjacent accessible parking. Other mall construction has narrowed the street width between the
mall and parking. The accessible spaces are not compliant and will require restriping to provide
adequate signage and access aisles. The owner’s representative was provided with literature on
requirements and responsibilities regarding accessible parking and restriping of lots. Thornes will
monitor the issue.
City Hall/Police Station Remodel. The City has retained Les Rowland, DesignArc, to prepare plans
for the city hall/law enforcement remodel. Thornes recently attended a meeting with Rowland, the
city engineer, building inspector and police chief to review the proposed remodeling. Thornes gave
Rowland a set of the Department of Justice’s 2010 ADA Standards & Guidelines for Accessible Design
(4-pack).
Estimated budget is $300,000 with a number of areas being reconfigured. Thornes previously
attended a planning meeting with the city manager, city engineer, building inspector and police chief
to review draft plans she’d not seen before. Plans included reconfiguring a number of spaces, but no
accessibility modifications were planned for the bathrooms. Total fixture replacement including tile
was planned, but was advised as cosmetic only. Thornes noted here is not and has never been an
ADA compliant bathroom in city hall or the adjoining police station. Thornes advised the city
manager of the city’s obligation to provide minimum accessible components including path of travel,
access to the building and restrooms. Minor remodeling involving some wall reconfiguration would
achieve one compliant set of men’s and women’s restrooms on the main public access floor. Total
fixture replacement is planned in the officers’ shower rooms, which are not compliant either, but no
plans or efforts to make them accessible.
Thornes has been in touch with DBTAC representatives on their interpretation on what would be
required to achieve maximum extent feasible. Rob Gilkerson provided the following information:
“In general, up to an additional $60,000 should be spend improving accessibility (see attached letter
for details). FYI: Most building codes also require this.
Do the requirements for “Primary Function Areas” under Title III of the ADA also apply to
alterations in Title II entities? Yes, as can be seen in the following excerpt from a U.S.
Department of Justice document called “ADA Guide for Small Towns”
http://www.ada.gov/smtown.htm
“…When a town alters an area of a facility that contains a primary function area, the town has
an additional obligation. The town is also responsible for making the path of travel to the altered
area (room or wing), as well as the toilet rooms, drinking fountains, and public telephones
serving the altered area accessible. Primary function areas are those areas of a building that
include the primary spaces for which the building was constructed (for example offices or
meeting areas in a town hall, locker rooms in an athletic facility, or classrooms in a school or
training center). The amount of money the town must spend to provide an accessible path of
travel is limited to 20% of the overall cost of the alterations. If the path of travel alterations can
be done for less than the 20% limit, then only that expenditure is required. If all the required
accessible features are already provided then no additional expenditure is needed.
The ADA Standards have specific requirements for additions. Additions, which include an
expansion, extension or increase of the gross floor area of a building or facility, are considered
an alteration to a facility but the area that is added must comply with the new construction
requirements. Each addition that affects or could affect the usability of an area containing a
primary function area must meet the path of travel requirements (see above).”
Thornes plans to submit a formal report to the City Manager noting these responsibilities and will
also continue to work with the project architect to promote additional opportunities for accessibility
improvements.
Wellness Center. On June 30th SDSU provided notice that the north ramp and pool locker rooms had
been redone and were ready for a compliance review. Miller, Kuechenmeister and Thornes reviewed
the facility prior to today’s meeting on July 22nd. Thornes has not completed the final report, but did
comment both the ramp reconstruction and bathroom remodels appeared to be compliant. Thornes is
currently finalizing the facility checklists and will submit a final report to the city manager.
McCrory Gardens. Thornes reported the University is requesting a letter stating the project is compliant
and eligible for release of funds. She noted the letter will indicate that the project plans as last reviewed
were compliant and release will be approved if constructed according to plans and upon completion of a
positive compliance review.
Community Cultural Center. A final compliance review of the exterior is needed.
ADA Software. Thornes said she plans to purchase the DakTrack software. The software, which loaded
on a tablet for in the field use, is a powerful tool for accessibility field data collection. It accesses all
applicable Federal and State standards from the field while collecting data on a specific location/project.
ADA Leadership Network Updates. DBTAC is currently preparing its 2011-16 application and is
requesting a letter of support from all members. Kuechenmeister volunteered to draft a letter.
Budget Updates. Thornes met with the City Manager and City Finance Director on July 7th. The
Committee’s narrative will be blended into the City Clerk’s. No problems with the request and she
anticipates full funding.
Website. Thornes asked the committee to review and rewrite its introductory statement on the city
website. Stronger clarification is needed that the committee’s function is public education and any
information provided is purely advice and not legally binding.
Correspondence/Announcements/ Calendar
o Readvertising Committee Vacancy– August 15th deadline
o October 5th NDEAM Events & Luncheon (National Employment Awareness Month)
Meeting adjourned at 3:15p.m.
Submitted by Shari Thornes