Please consider this letter a petition to the City Council to address the current status of the City's Compliance to ADA Law and the recently released report by IHDC regarding an ADA transition plan. Details: 1. In 2012 it became a requirement that the City must comply with 2010 ADA standards. 2. As of today, the City is not in compliance 3. The City's previous 5-year plan to achieve compliance was not completed. 4. Many projects completed in the last 5 years were done in a manner that were not compliant with ADA requirements. Meaning the City performed work and fell short of performing the work correctly. 5. City recently hired IHDC to complete audits on several of the City's buildings, parks, schools, etc. 6. The IHDC report shows that not one property evaluated is following ADA. Furthermore, report shows that even projects that were completed in 2017 are not in compliance with ADA. 7. IHDC report has not been presented to City Council It is evident that the City has failed to become compliant to ADA and that the work being completed in the last 10 years contains violations. Problem: By not being compliant to ADA the City is in violation of ADA Laws, a Civil Rights Violation. The City is exposed to potential daily fines by both the DOJ and State of MA. More importantly, for the City to achieve compliance it will require in excess of 1 million dollars and more than 5 years' time. It is more than unfortunate that the City has not made appropriate progress over the last 10 years regarding ADA compliance. 1. The City either lacks the expertise and competence to complete projects properly or has not assigned the proper funding and personnel to making corrections. One just has to look at the recently renovated Collins Cove Park and beach. The IHDC report lists over 17 violations for this location. The same ca be said for all properties evaluated by the IHDC. 2. ADA compliance plan is not funded adequately in our City Budget. 3. ADA compliance Capital Projects are not funded adequately in our City Budget. 4. City does not have a comprehensive plan to achieve ADA compliance a. Start and end dates on projects based on priority b. Adequate funds in budget to complete projects c. ADA assessment of property after project completed d. Expert assistance from MOD Solutions: Simply put the only solution is for the City to have a comprehensive plan for all properties that includes timeline, adequate funds, expert personnel, proper oversight and review of work as it is completed. This is a massive undertaken that will require a significant amount of money and time, it is a matter that belongs in the City Council so that it can achieve the proper funding and planning.
Transcript
Please consider this letter a petition to the City Council to address the current status of the City's
Compliance to ADA Law and the recently released report by IHDC regarding an ADA transition plan.
Details:
1. In 2012 it became a requirement that the City must comply with 2010 ADA standards.
2. As of today, the City is not in compliance
3. The City's previous 5-year plan to achieve compliance was not completed.
4. Many projects completed in the last 5 years were done in a manner that were not compliant
with ADA requirements. Meaning the City performed work and fell short of performing the work
correctly.
5. City recently hired IHDC to complete audits on several of the City's buildings, parks, schools, etc.
6. The IHDC report shows that not one property evaluated is following ADA. Furthermore, report
shows that even projects that were completed in 2017 are not in compliance with ADA.
7. IHDC report has not been presented to City Council
It is evident that the City has failed to become compliant to ADA and that the work being completed in
the last 10 years contains violations.
Problem:
By not being compliant to ADA the City is in violation of ADA Laws, a Civil Rights Violation. The City is
exposed to potential daily fines by both the DOJ and State of MA. More importantly, for the City to
achieve compliance it will require in excess of 1 million dollars and more than 5 years' time. It is more
than unfortunate that the City has not made appropriate progress over the last 10 years regarding ADA
compliance.
1. The City either lacks the expertise and competence to complete projects properly or has not
assigned the proper funding and personnel to making corrections. One just has to look at the
recently renovated Collins Cove Park and beach. The IHDC report lists over 17 violations for this
location. The same ca be said for all properties evaluated by the IHDC.
2. ADA compliance plan is not funded adequately in our City Budget.
3. ADA compliance Capital Projects are not funded adequately in our City Budget.
4. City does not have a comprehensive plan to achieve ADA compliance
a. Start and end dates on projects based on priority
b. Adequate funds in budget to complete projects
c. ADA assessment of property after project completed
d. Expert assistance from MOD
Solutions:
Simply put the only solution is for the City to have a comprehensive plan for all properties that includes
timeline, adequate funds, expert personnel, proper oversight and review of work as it is completed.
This is a massive undertaken that will require a significant amount of money and time, it is a matter that
belongs in the City Council so that it can achieve the proper funding and planning.
Below is a list of items that must be included for Salem to achieve ADA compliance. This is currently 10
years past due and needs be a priority for the City of Salem.
1. Evaluation and plan for the properties not audited by the IHDC
2. Adequate Capital Funds added to Budget
3. Adequate budget funds for City to Achieve ADA compliance
4. Detailed plan with timeline and funding for all City owned properties'
5. Expert assistance from MOD for planning and reviewing work
I apologize for being unable to attend this evenings meeting. I prepared the following comments to be red in my absence. The Salem Commission on Disabilities has established a strong relationship with the Massachusetts Office on Disabilities, MOD, that has allowed us to work collaboratively with them for more than ten years.
During that time, MOD has provided technical guidance, grant funding and valuable training to the City of Salem. We are confident of MOD’s continued assistance as we work with the City to improve accessibility in Salem.
The Salem Commission on Disabilities is encouraged and excited about the increase in awareness of accessibility needs in all of the City's departments, and we support the congoing attention to meeting the needs of our citizens and visitors living with disabilities.
As some of you may know, last summer, the City applied for and received a grant of $75,000.00 from MOD which allowed the City to contract with a consulting firm to create the City’s ADA Transition Plan., the subject of tonight’s petition.
The firm, the Institute for Human Centered Design, IHCD, is an internationally recognized expert in appropriate accommodations and ADA compliance in the US. Over the last several months, IHCD surveyed City and school buildings, facilities, playgrounds, services, and even our website.
The resulting draft report, which is over 400 pages long, was posted online for the public, describes in detail, findings, suggestions, and specific recommendations, including cost estimates, for the City to reach compliance. We were pleased with IHCD’s recognition of the City’s accessibility features already in place.
At our meeting, on December 17, IHCD presented the draft report to us. Members of the public along with Commission members were able to ask questions and offer suggestions.
IHCD will be providing the City with a final report soon.
Based on IHCD’s report, the Salem Commission on Disabilities looks forward to continue working with Salem's City departments, and the Massachusetts Office on Disabilities to establish project priorities and plans to address ADA compliance issues.
This petition serves as a reminder to us that there is a lot of work to be done. I cannot stress enough to you that the Salem Commission on Disabilities supports a strong effort and positive approach in moving forward to bring the City of Salem into compliance. With the Mayor’s and City Council's support, we can take the steps necessary and act on the recommendations from IHCD. Thank you.
Kind regards,
Debra Lobsitz, Chair
Salem Commission on Disabilities
Institute for Human Centered Design
January 23, 2020
Members of the City Council
City of Salem
As the contractor chosen to develop the City of Salem's ADA Transition Plan, the Institute for
Human Centered Design (IHCD) is pleased with the outstanding participation of the City of
Salem's Mayor, administration, staff and Commission on Disabilities in the ADA Transition Plan
process. The City has shown a strong commitment to ensuring compliance with the Americans
with Disabilities Act (ADA). As part of the ADA obligation, the City has already taken several
significant steps including:
• Appointing an ADA Coordinator
• Adopting a Public Notice Policy (posted on the City's website)
• Developing a Grievance Procedure (posted on the City's website)
• Hiring a consultant (IHCD) to undertake its ADA Self-Evaluation (as the basis for the City's
ADA Transition Plan)
The City has begun an extensive study (in addition to IHCD's work) regarding the City's
sidewalks and pedestrian ramps. To date, every pedestrian ramp has been evaluated and city
staff are exploring the feasibility of conducting an assessment of the entire sidewalk network so
that the City may develop a prioritized maintenance plan that will be coordinated with a similar
plan that has been developed for the roadways.
Under the ADA, programs, activities and services, when viewed in their entirety, must be
readily accessible to and usable by people with disabilities. This is known as "program
accessibility." Any unique program must be made accessible. Programs, services and activities
in inaccessible facilities must be relocated to accessible locations in the same facility, relocated
to an accessible facility, or the facility must be renovated to be accessible.
www.lHCDesign.org • 200 Portland Street, First Floor, Boston MA 02114 • 617.695.1225 v/tty
For programs replicated in multiple locations such as parks, the ADA does not require the City
to make every existing facility accessible as long as City programs viewed as a whole are
accessible. If there are unique programs, they must be made accessible. If there are multiple
parks or playgrounds, the City must provide access at a sufficient number of parks that have the
same programs so that they are of comparable convenience to residents in neighborhoods
throughout the City. Travel time from the homes of people with disabilities to the accessible
parks should be comparable to the travel time to other parks. The accessible facilities should be
dispersed throughout the City.
As part of the Self-Evaluation, the City identified twenty-five public buildings. The accessibility
survey of those facilities includes all the spaces where the City offers programs, services and
activities to members of the public. The outdoor facility set includes twelve parks/outdoor
areas. These parks/outdoor areas include the City's major parks as well as representative
smaller parks. In addition, two parking garages and the parking lot near the City Hall Annex
were surveyed.
After the Self-Evaluation was completed IHCD generated the ADA Transition Plan from the
extensive data of the Self-Evaluation. The Transition Plan is a planning and budgeting
spreadsheet with prioritization of corrective actions over multiple years.
Compliance with the ADA is an on-going process. The City of Salem now has a clear set of
detailed information that creates a path forward including changes in policy and practice as well
as corrective actions to City property. The City will continue to identify and correct accessibility
issues with the goal of ensuring that every citizen can fully participate in the programs, services
and activities that the City offers.
IHCD appreciates the opportunity to provide this service for the City of Salem.
Sincerely,
Valerie Fletcher Executive Director
www.lHCDesign.org • 200 Portland Street, First Floor, Boston MA 02114 • 617.695.1225 v/tty
