Pyramid Group Fails To Curb ADA Compliance

© 2016 Luke T. Bush

PLATTSBURGH CITY, NY – Feb. 27, 2016


What was Robert Poulin’s reaction when he heard the news?

Elation.

As Executive Director of the North Country Center for Independence (NCCI) Robert advocates for the rights of the disabled community.   Despite the fact the Americans with Disabilities Act (ADA) was enacted 25 years ago he still struggles with noncompliance issues with local governmental and private entities.  Decisions, sometimes negative, aren’t heard until months, even years, later.  But patience can lead to good news.

January 2013.  NCCI followed up on a complaint regarding equal accessibility at Champlain Centre Mall, a shopping center owned by Pyramid Management Group in the Plattsburgh township. 

For "safety reasons" the mall management blocked some curb cuts (ramp ways) by filling them in with concrete, converting them back to regular curbs.  This meant less access points for customers who were disabled.

Even for an able-bodied person caution is needed when stepping over a curb. But the difficulty is much greater for someone using wheelchair, cane or walker. What is only a few inches high to the able-bodied becomes an obstruction or hazard for people in the disabled community.  Some may suffer injury when dealing with a curb.  

One wonders how the elimination of curb cuts promotes "safety."

NCCI tried to resolve the issue locally with the mall management and Plattsburgh Town officials. The other side listened to Robert and NCCI Accessibility Consultant John Farley but remained adamant there was no violation.

In an email response Robert explains: 

“The town did not feel that there was a specific code violation. Another words, there aren’t necessarily rules on how many curb cuts a big building like the mall has to have. Pyramid was advised by a for profit arm of United Spinal Association, a disability rights organization with a national reputation. Why United Spinal took the position they did will always be a mystery to me, but they essentially gave Pyramid cover.”

The next step was to file a complaint with the New York State Office of the Attorney General.

In a recent news release NCCI announced that the AG ruled in its favor.  Not only does Champlain Centre Mall must comply but other shopping centers owned by Pyramid statewide must follow ADA rules.

Robert: “Just one of the things that Pyramid must now do is rewrite their lease agreements to ensure that all merchants who rent from them comply with the ADA...that is very significant, it is incredible.”

Robert recommends people in the disabled community to file complaints when they encounter problems:

“We encourage people to call us when they encounter barriers in the community. We’ll try to negotiate a change, and if that fails, we’ll file a complaint on people’s behalf. Change doesn’t happen overnight though, it took 3 years to get this result and things may not always turn out this positive.”

NCCI’s recent victory against a major corporation proves positive change can be achieved.  It’s a matter of making your voice heard.

And patience.

Zebra Finches

CCPT Still Got The Blues

© 2016 Luke T. Bush

PLATTSBURGH CITY, NY – 02/17/16


“Start-up blues.”

That’s the description Richard Ticehurst shared with a newspaper reporter back in December.

Richard is the manager overseeing the operations of Clinton Country Public Transport (CCPT).  His company, Texas-based McDonald Transit, in summer 2015 took over from another private company that had been supervising county’s public bus system.

Richard made his bluesy comment after NYSDOT (New York State Department of Transportation) inspectors found problems bus maintenance records not being properly filed.  He said that his company's recordkeeping would follow proper procedure.

But other problems still plague CCPT.  Its present bus fleet has seen too many miles, resulting in maintenance problems.  Around half of the fleet is out of service, some buses having racked up about 350,000 miles.  There is only one certified full time mechanic with a part time assistant to fix the buses.

In an email interview, James Bosley, Clinton Country Planning Technician, explained that the search is on for a second mechanic.   In the meantime the aging buses are being outsourced as needed for repairs.

Ideally a new fleet of buses would solve the problem.  James said that the earliest replacement vehicles could arrive would be in September.  Why the delay?  Well, when dealing with governmental channels requests end up poking along in the slow lane.

“Since the buses are purchased through a grant, there is a process we have to follow” said James.  “Right now we are waiting on New York State to resolve a question related to the Lot H award (which is the diesel bus) on the NYS OGS Adult Bus contract. Once we have permission from NYSDOT to place our order, we will do so.”

“Once ordered,” he continued, “the buses will take at least 6 months for the chassis to be manufactured, for the bus bodies to be built onto the chassis, for the vehicles to be NYSDOT inspected and delivered to us. Then we will need to license, register, and insure the vehicles before they are put into service.”

Another problem is restoring some of the routes that were cut back.  Even with fewer routes CCPT had to temporarily shut down three of its rural runs, said James, for part of this week to prepare a bus for inspection.

“Once we receive the new buses,” he continued, “we will definitely be taking a look at potentially bringing back some of the services that have been cut and we will be doing outreach to the public as part of that process.”

Until then it will be a rough road for CCPT and its riders.

Faith On Board

To enlarge click on image.

Hibiscus

Enlarge by clicking on each image.

The Note

The scarf was repositioned so that the note could be read.
Click on image to enlarge.

No Ticket, No Fine, No Shoveling

Crap, I forgot my mountaineer ice cleats.

(C) 2016 Luke T. Bush

PLATTSBURGH CITY, NY - Jan. 6, 2016

Pedestrians: get ready for more unshoveled sidewalks this winter.  Life and limb might be at stake.

Maybe that last sentence sounds overdramatic.  But blocked/icy sidewalks easily lead to falls and broken bones. Even if no bones are broken the fallen person could find themselves incapacitated, unable to get up.  Years ago an elderly woman slipped on Couch Street.  She lay there for a while until someone spotted her.  If that Good Samaritan hadn't helped her she could have suffered frost bite or simply froze to death.

And sidewalks blocked by snow force people to walk in the street.  Like a college student decades ago who was killed by a passing car.

But deep snow isn't the only problem.  When someone doesn't shovel after a few inches have accumulated, people walk on that stretch, compacting the snow to create a bumpy icy glaze.  Ice cleats, anyone? 

After all the discussion and planning last year you would think this winter would be different. There were the public meetings by the Snow Removal Advisory Committee (SRAC) to address the matter.  From its  recommendations the regulation was changed so that scofflaws who didn't shovel sidewalks adjacent to their properties would be ticketed with increased fines.  Besides the building inspector city police could also be contacted with complaints about unsafe/obstructed sidewalks

One problem: the Plattsburgh City Attorney has to come up with the proper tickets to motivate uncompliant landlords/owners.  City police apparently tried to issue improper ones. 

Shouldn't this had been considered months ago by a legal expert reviewing the SRAC recommendations?

How long will it take the city attorney to fix this red tape glitch?  Will this have to go all the way up to the US Supreme Court, finally being settled in the year 2045?  Or will global warming fix the problem before then? (Probably.)

The best solution is what they do in civilized communities like Champlain and Rouses Point: the town clears the walkways. Little towns with much less funding beat the Big City.  An example of why it's better to live in a truly caring community.  And the reason for Plattsburgh City to respond better to the needs of its citizens.

They Try To Ignore Her But She Won’t Wheel Away

This photo annotated by advocate Debra Buell explains the problems with the crosswalk where Cornelia and Broad streets split off.  Click image to enlarge.

© 2015 Luke T. Bush


Self-described  Warrior for Justice Debra Buell is using her legal sword to cut through the red tape.  After 25 years impatience is understandable.

The advocate is pressing Plattsburgh City and other entities in The System to comply with the Americans with Disability Act (ADA).  Enacted in 1990 the act’s goal was to eliminate barriers encountered by members of the handicapped community.

Example: Most people can walk up stairs without any problems but others such as those using walkers don’t have the same convenience.  A ramp would solve the problem but not when it remains unbuilt.

Debra prefers awareness, compliance, and enforcement by The System without the need for confrontation.  But after years of expressing her concerns through official channels very little has been done.

That’s why she is forced to take legal action as a self-described hell on wheels.

She has spent innumerable hours researching the ADA and related laws.  Debra is unpaid, working mostly on her own.  The North Country Center for Independence (NCCI) has helped her with her advocacy, sharing her concerns.

The System seems adamant about continuing as usual, i.e., not doing a frakking thing.  And now in one instance able-bodied citizens might also be getting screwed.

The situation involves a missing curb cut and a five lane crosswalk.  In the area of 306 Cornelia Street there’s a Y intersection, Broad Street splitting off from Cornelia. 

A few years ago changes were made at the intersection to accommodate a new Walgreens store that opened where the WIRY Radio station once stood.  When the area was under reconstruction, Debra says, the city should have added a curb cut (sloped sidewalk section) on the north side of the street across from the Walgreens entrance 

No curb cut results in a safety concern.  The crosswalk signal only allows 21 seconds to cross, not a problem for someone who isn’t pushing a baby stroller or using a walker.  Until the cut is installed, Debra says, the duration of the crosswalk signal should be lengthened to one minute.

According to Debra the city came up with an alternate solution: eliminate the crosswalk.  If it’s not there the problem is solved.  No more safety concern.  Ergo no liability for the city.

Of course speeding vehicles will have complete domain.  Let cars rule.  Don’t hold up the traffic.  Too bad, pedestrians and disabled people.  Find another way to cross.  Boohoo.  (Remember: elected officials work for you.)

This is only one issue.  Debra has filed grievances with the appropriate governmental agencies about other ADA compliance problems.  Typical results: delays, short say-nothing replies, or no response.

Such tactics only motivate her all the more.

Debra won’t go away.  She keeps rolling.

Watch your toes, apparatchik.

Where's My Comet?

(C) 2015  Luke T. Bush

The night sky has remained on the unimpressive side since the 1997 visit by Hale-Bopp.  There have been stories that other approaching comets would be just as spectacular as HB but they turned out to be fizzle, not fireworks.

These images are scanned from negatives, a process that was unnecessarily complicated thanks to Canon, my scanner's maker.  The company doesn't offer an updated driver for Windows 10 compatibility with its Canoscan program.  I had to use my old computer to do the basic work (Vista) and then wrapped it up on the new one (W10.).  Apparently Canon wants me to go out and buy their latest scanner. Sure, I'm gonna do that with my limited budget -- when Hale-Bopp returns.  

There Isn't A Planet B

(C) 2015 Luke T. Bush

PLATTSBURGH CITY, NY - Dec. 12, 2015

Patches of green grass that should have been buried under snow were scattered on the bare ground.  Demonstrators gathered at McDonough Monument wearing light jackets, not bundled up in parkas. A speaker observed the mild weather was evidence of climate change.

Later during the march some chanted for snow.

Meanwhile in Paris an international conference (COP21) hadn't made any announcement about mutually agreeing to limit greenhouse gas emissions.

With that in mind three activist organizations combined their energies late Saturday morning to hold a rally and march in downtown Plattsburgh to  promote awareness of the global warming threat.

Concerned citizens gathered with members from 350.org Plattsburgh, Mothers Out Front, and People for Positive Action at McDonough Monument to listen to a few speakers address the problem.

The large bronze eagle atop the monument watched the gray skies but no raindrops fell. 

Plattsburgh City Councilor Mike Kelly pointed back at the nearby Saranac River, saying that it was one of the city's great resources.  This natural resource could be ruin by drastic changes in the climate induced by greenouse gases.  He mentioned his Southern accent, saying obviously he wasn't from around here.  After he relocated from Tennessee he quickly grew to appreciate the natural beauty of the North Country.

Peru native Mike Derrick took to the podium to share his concerns.  He referred to Congressperson Elise Stefanik, how he didn't agree with the Republican Representative's views on the environment.  That reason among others, he continued, was why he was going to run against Stefanik in the next election.

With loud chants the demonstrators marched to Champlain Monument and then back to pose on the front steps of City Hall. The penultimate stop was at Stefanik's local office to deliver a petition.