The document is an email from Eileen Feldman, Director of the Community Access Project in Somerville, following up from an Architectural Access Board hearing regarding 50 pedestrian locations needing accessibility remediation. It provides 3 priorities for how the locations should be addressed: prioritizing locations near government/public services, transportation, public accommodations, health facilities, and dense residential areas. It also notes funding from CDBG should supplement, not replace, the city's efforts. Finally, it questions the claim that none of the locations pose public safety issues, as any code violations by definition impact public safety.
1. Subject: f/u, February 6 2012 AAB hearing
From: CAPSom@verizon.net
Date: February 9, 2012 3:38:02 AM EST
To: DSHAPIRO@somervillema.gov
Cc: Thomas.Hopkins@state.ma.us, Myra.Berloff@state.ma.us,
william.a.white@verizon.net
February 9, 2012
TO: David P. Shapiro, Assistant City Solicitor, City of Somerville
FROM: Eileen Feldman, Director, Community Access Project, Somerville
RE: Follow-Up, Architectural Access Board Hearing regarding #V11-201 February
6, 2012, 1 pm
Dear Assistant City Solicitor David Shapiro,
It was a pleasure to meet you this past Monday at the Architectural Access Board
Hearing on the City's Variance application, AAB Docket #V11-201, regarding 50
pedestrian facility locations that are next on the list for remediation during the next
several construction seasons, due to 521CMR violations.
In the interests of advancing the best possible scenario for the City of Somerville to
succeed in responding to these matters, I would like to offer the following three (3)
points to guide the City's response.
In addition, below my signature, I am including online links to selected Public
Comment and other documents that I provided to the City of Somerville, since
November, 2005, in efforts to help guide and work with Mayor Curtatone and City
Staff colleagues, towards mitigation of citywide streetscape and transportation
facility issues.
2. 1. In prioritizing locations, the Community Access Project suggests the following
order of priorities:
By proximity to:
a. government offices, facilities and services;
b. public transportation facilities;
c. places of public accommodations, including employment opportunities;
d. health-related facilities and elderly/disabled housing; and
e. density of residential streets;
in addition to:
utilizing checklists and surveys that coordinate the 521CMR standards with
the 2010 ADA Standards for Accessible Design- and choosing the most stringent
requirements, the City should prioritize the most unsafe (inaccessible) conditions
first.
These priorities are based on ADA regulations found at 28 CFR §35.150(d)(2) and
28 CFR §35.150(d)(3).
2. If the City will also be using some CDBG funding to accomplish these
corrections, please be aware that CDBG funding needs to be used to supplement-
and not supplant- the City's overall efforts to accomplish the development of viable
communities by the provision of decent housing and a suitable living environment
and expanding economic opportunities, principally for persons of low-
and moderate- income.
3. I heard you state, towards the end of the Hearing, that, "none of these are public
safety issues." Please be aware that each of these code violations is, by definition,
a public safety issue. If the City of Somerville is unable to acknowledge the serious
and continuing negative impact that systemic and citywide 521CMR violations
have on the daily lives of residents, and especially residents with disAbilities, this
will indeed be a very long, grueling process of prosecution.
The hoped-for alternative is that these State Board processes will eventually result
in the recognition, by all parties in front of the Board, that a meaningful series of
meetings and other mutually beneficial projects between disAbility and other
human rights advocates , City staff, and other interested individuals is possible and
necessary-- and that we all desire the development of mutually beneficial trust,
goals and a practical action plan that will enable the City of Somerville to grow
into a city of opportunity for all.
I would appreciate your acknowledgement of this email and welcome any
questions or remarks that you would like to share with me.
3. I am forwarding a copy of this email to Thomas Hopkins, Executive Director,
Architectural Access Board; Myra Berloff, Executive Director, Massachusetts Office
on Disability; and Alderman at Large Bill White, Board of Alderman Vice-
President and Chairperson, Public Health and Public Safety Committee.
Very best wishes,
Eileen Feldman, director
Community Access Project, Somerville
CAPSom@verizon.net
Quality isn't possible without Equality
The Community Access Project based out of Somerville, MA is an all-volunteer
organization of persons of all ages, living with disAbilities, and working to ensure
that equity, integration and accessibility are not merely rhetorical promises made to
ensure continued funding and nodding heads. We provide surveys,
recommendations and reports, per the requests of very low-income community
members, to promote and increase documentation and actions towards more
inclusive community planning and implementation. note: CAPS does not endorse
that any of our members provide their knowledge, proven skills, talents and lifelong
experiences within settings where we will be exploited as free labor, or as
"disability volunteers," by agencies, organizations or individuals who wish for, or
require, skilled consultation on disAbility rights issues in order to apply for, certify
compliance with, or continue funding for, programs, services and activities.
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4. The 5 documents listed below are just a small selection out of thousands of
volunteer hours spent since 2005, in efforts to develop good faith processes, using
the skills and knowledge of disAbility rights advocates working as and alongside
City staff and Mayor Curtatone,
with the goal of systematically mitigating citywide pedestrian public safety issues:
A. On how residents with disabilities perceive streetscape conditions to be the
number one barrier to their comfort and inclusion:
Disability Access report. Submitted November, 2007 to Mayor Curtatone, ADA
Coordinator Campbell, and all Department Heads. See pages 17, 35, 36, and
especially 43-49:
http://www.slideshare.net/mobile/eilily/somerville-ma-access-report-fy07
B. On how CDBG funding can be used, along with local and other funding, for
city-wide streetscape and transportation infrastructure improvements
plus Transition Planning:
1. CDBG Recommendations PY06. submitted November 15, 2005. see pages 10,
12:
http://www.slideshare.net/eilily/cdbg-recommendations-fy06-still-relevant-2009-
presentation
2. CDBG Recommendations PY07/08. submitted January 1, 2007. see pages 11,
12:
http://www.slideshare.net/mobile/eilily/cdbg-home-recommendations-py0708-
city-of-somerville-ma-200720082009eileen-feldman
3. CDBG Five-year Recommendations PY08-13 "Create A City of Opportunity For
All" submitted November 2007. see pages 4, 5:
http://www.slideshare.net/mobile/eilily/cdbg-recommendations-somerville-ma-
from-disabilities-rights-advocate
C. On how Somerville residents with disabilities can be engaged, using available
local funding, to provide a Community Needs Assessment to City Staff:
submitted May, 2006. Disability Commission Budget Request.
http://www.slideshare.net/mobile/eilily/somerville-disabilities-comm-budget-
request-march06-for-web