The Rochester Board of Selectmen on May 11 unanimously approved the motion to accept an ADA (Americans with Disabilities Act) assessment and transition plan compiled by Facilities Manager Andrew Daniel, which could open the Town up for some valuable grant money from the State to fund a number of upgrades in various town buildings.
“It’s a living document,” said Daniel, “because things will change as we go…. Buildings will be added.”
The formal adoption of the ADA transition plan, Daniel said, is vital to the grant application process, showing proof that the town will move towards ADA compliance in the future.
“We can’t play ignorant anymore,” said Daniel. “We know what those issues are (that need upgrading).” He continued, “It is the responsibility of the Town to become compliant, not just when those grants become available.”
Daniel said the Massachusetts Office of Disability has allotted $1 million in grant funds, and Rochester could receive a maximum of $250,000. This grant opportunity, Daniel said, is why he chose to act now, “Although the Town is bound by law to become ADA compliant.”
Resident David Eckert asked how much the taxpayers would have to spend to bring the town into ADA compliance, and when selectmen couldn’t give him an exact sum, Eckert questioned how the selectmen could “endorse” to make handicap accessible upgrades without knowing the future costs.
“The State can impose a mandate on a town, even if it’s in bankruptcy,” said Selectman Naida Parker. “The State has the power to do that.” She said by making a good faith effort in meeting the requirements, mandated by law, the actions could be looked at by the State more favorably as opposed to having no plan in place for ADA access.
Daniel said the transition plan “puts the ball in your court” when it comes to which items the Town would like to tackle first.
“It’s a civil rights violation,” said Daniel.
Eckert was unsatisfied with Daniel’s response, saying he was seeking comment from the selectmen and seeking facts only.
“The fact is, it’s a civil rights violation,” Daniel again stated.
Planning Board Chairman Arnold Johnson in attendance that night weighed in. The federal government could step in, he said, as it has with other towns. Without the ADA transition plan, Johnson said, “It leads to the ability for a person with a handicap … [to] sue the Town for not being ADA compliant…. Our insurance will not pay it out for the Town.”
Johnson said at a recent Conservation Commission meeting, those present had a difficult time accommodating an applicant in a wheelchair.
“It was an absolute embarrassment what had to be gone through to get that man [inside],” said Johnson. “We need to be proactive in this. As a taxpayer, again, I’d be really mad at the three selectmen if we get involved in a lawsuit…. I think this is a proactive step in the right direction.”
Selectman Greenwood Hartley assured Eckert that there were no concrete commitments for specific upgrades in the document. Mostly, what was mandated right away is the public posting of the notice of non-discrimination and the grievance process.
“It acknowledges there are things we need to do,” said Hartley. “There’s nothing in there that commits us to doing anything.” It is a step towards compliance, Hartley stated. “I don’t see a down side to signing this tonight. It’s going to be better off for us than not doing it.”
Daniel said the Town would not be under a State mandated timeline with the adoption of the transition plan. But municipalities like the City of Taunton, among other towns, were sued, he said, and now they are on the Fed’s clock.
Daniel said the deadline for the grant application is June 30.
“We’re obligated by law to do these things, nevertheless,” Daniel said, adding that the ADA compliance upgrades were supposed to be done in 1992, by law. “We’re a little behind.”
Rochester is about 66 percent compliant, he stated.
“I want to be ahead of this,” said Daniel. “We do care.”
Also during the meeting, Town Administrator Suzanne Szyndlar said the Town is in the final stages of transitioning to the regionalized 911 dispatch system and would receive the final approval during the summer.
Hartley said he had the chance to tour the facility, which he found “very impressive.”
“Who wouldn’t want to be part of that?” he said, once he witnessed the efficiency when calls came in. “It was mere seconds before the ambulance was rolling. It’s definitely going to be an improvement.”
Police Chief Paul Magee said the additional staff in the regionalized 911 dispatch center, located in Duxbury, will definitely benefit the town.
“The residents will see,” said Magee.
In other matters, the selectmen entered into an agreement with the Town of Acushnet for animal control officer assistance.
Michael Gagliardi was also appointed to the Old Colony Regional Vocational Technical High School District Committee.
The next meeting of the Rochester Board of Selectmen is scheduled for May 22 at 6:30 pm at Rochester Memorial School, just ahead of the Annual Town Meeting scheduled for 7:00 pm, also at RMS.
Rochester Board of Selectmen
By Jean Perry