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New York State Department
of Environmental Conservation
Division of Lands & Forests
Bureau of Public Lands, 5th Floor
625 Broadway, Albany,
New York 12233-4255
Phone: (518) 402-9428 · FAX: (518) 402-9028
Website: www.dec.state.ny.us
VIA HAND DELIVERY January 4, 2002
Hon. Lawrence E. Kahn
U.S. District Court for the Northern District of New York
James T. Foley U.S. Courthouse
445 Broadway
Albany, New York 12207
Re: First Quarterly Report to the Court pursuant to Consent
Decree
Galusha v. NYS DEC et al., Civil Action No. 98-CV-1117
Dear Judge Kahn:
Pursuant to Paragraph I.F.3 of the Consent Decree approved
by the Court on July 5, 2001 in the above-referenced action,
defendants submit this Quarterly Report to identify the status
of the commitments made in the Decree. The information contained
herein is supplemented by attachments consisting of the Timetable
for Consent Decree Mandates (Exhibit A), a listing of Roads and
Trails Open to Motor Vehicle Use By People With Mobility Impairment
Disabilities (Exhibit B) and the Settlement Projects list (Exhibit
C).
Appointments
· Central Office Statewide Coordinator for Access Issues,
Carole Fraser, was hired and began work on September 14, 2001.
(Decree paragraph I.G.l.a)
· Designations for all nine Regional Access Coordinators
completed. (I.G.1.b)
Peter Sproul, Region 1
Nanci Auletto, Region 2
Robert Herberger, Region 3
Len Bouren, Region 4
Michael Dauphinais, Region 5
Blanche Town, Region 6
Rick Stocking, Region 7
Sandra Brennen, Region 8
Karen Kish, Region 9
· Joseph L. Rich, of Watertown, Founder and Executive
Director of Disabled Persons Action Organization and President
of 1 World Foundation, nominated for appointment to the
Forest Preserve Advisory Committee. This nomination is to be
considered and if appropriate confirmed by the Advisory Committee
convening January 17, 2002, in order for the appointment to be
made final. (I.G.4)
· An Advisory Committee, currently consisting of the
Plaintiffs and representatives from the NYS Office of Advocate
for Persons with Disabilities and The Adirondack Council, has
been created and will meet with DEC and APA staff on January
17, 2002. Outreach for additional members continues. (I.G.3)
Training (I.E.1)
· Representatives from Eastern Paralyzed Veterans Association
and NYS Office of Advocate for Persons with Disabilities will
provide training on making DEC programs accessible to persons
with disabilities to DEC and APA staff on January 8, 2002.
· A four hour video training seminar on Access to Outdoor
Recreation Areas from the National Center on Accessibility has
been viewed by Central Office and Regional Access Coordinators.
Plans are underway to organize viewing for Lands and Forests,
Fish and Wildlife and Operations staff.
· An Accessibility and Unit Management Planning program
was presented to DEC Planners and certain APA staff on October
25, 2001 by the Central Office Access Coordinator.
· A briefing on Consent Decree mandates was given to
APA Board of Commissioners October 11, 2001 by the Central Office
Access Coordinator.
· A briefing on Consent Decree mandates, ADA guidelines
and website resource information was given to Natural Resource
Supervisors on November 28, 2001 by the Central Office Access
Coordinator.
· A presentation on ADA guidelines was given to Conservation
Operations Supervisors on December 6, 2001 by the Central Office
Access Coordinator.
· A briefing on ADA requirements for environmental
education centers was given to Bureau of Environmental Education
staff on December 4, 2001 by the Central Office Access Coordinator.
· Plans are underway to present additional ADA training
to other DEC and APA staff in February 2002, with two trainings
planned for April 2002. Included in the April training will be
a program for DEC management and field work with a train-the-trainer
element for DEC and APA staff. Licensed guides and vendors will
be invited to all appropriate training.
Roads and Trails
· Signs were specifically designed and manufactured, indicating
the appropriate motor vehicle use for persons with a qualifying
disability and separate signs were created indicating “end
of route.”All roads and trails designated to be opened by
the Consent Decree were posted with these signs, with the exception
of 8.5 miles of roads and trails in the Rockwood State Forest.
The Forest contains seasonal routes that closed on November 30th.
New signs are being designed which will also contain a warning
for enforcement purposes, listing the sections of law people
will be in violation of, if found off the designated route or
without the proper permit. These signs will be posted prior to
the routes opening in the spring. (I.C.3)
· The roads and trails designated by the Consent Decree
were added to the Commissioner’s Policy #3 (CP-3) listing
and opened accordingly. See attached list entitled “Roads
and Trails Open to Motor Vehicle Use by People with Mobility
Impairment Disabilities.” This list is currently distributed
through all Regional Offices and DEC Central Office and will
soon be available on the DEC website.
Unit Management Plans
· Representatives from the Independent Living Council,
Eastern Paralyzed Veterans and Advocates Office for Persons with
Disabilities began their involvement in the Unit Management Planning
process with their review of the Bog River Draft UMP. We plan
to expand involvement pertaining to review and public meeting
representation with recommendations from the Advisory Committee.
(I.A.3)
· The Consent Decree lists seven UMPs for DEC to amend,
in order to accommodate specific accessibility projects which
are included in the appendices to the Consent Decree. Subsequent
review by the Adirondack Park Agency (APA) and DEC staff, however,
has revealed that the amendment process is not necessary for
four of the seven UMPs listed. Based on standard
UMP requirements, accessibility projects in two of the Units
may be implemented without UMP amendments. In two other cases,
none of the projects from the appendices are included within
the UMPs that are listed. Lastly, the Independence River UMP
is in the process of comprehensive revision and a separate amendment
process would be duplicative. Staff efforts are therefore currently
focused on the two remaining UMPs which require amendment in
order to implement projects included within the Consent Decree,
and the drafting of new UMPs for an additional six Units as designated
within the Consent Decree. The following is the APA’s and
DEC’s current assessment of the seven UMPs slated for amendment:
1. Aldrich Pond: the Kalurah Road and Streeter Lake Rd projects
can be done under the existing UMP without requiring new amendment
and the Powell Rd. project is already included in the existing
UMP.
2. Black River: no amendments to current UMPs needed to do
the Remson Falls and Little Long Lake projects as one of the
projects is already included in the existing UMP and the other
does not constitute a project significant enough to require UMP
amendment.
3. Cranberry Lake: no amendment needed as the projects in
this unit are located within a campground and do not constitute
a project significant enough to require UMP amendment.
4. Grasse River: amendments have been drafted for Lampson
Falls and the parking lot and signage improvement projects.
5. Fulton Chain: amendments have been drafted to implement
the Moss Lake project and the Bubb Lake/Sis Lake parking projects.
6. Hammond Pond: no amendment needed as the Consent Order
does not commit us to do any projects in this unit.
7. Independence River: staff is in the process of doing comprehensive
revisions to this UMP, and will include the necessary amendments
and projects as part of this comprehensive UMP revision.
Financial Obligations
· The Consent Decree instructed that a $60,000 payment
was to be made by the DEC to the Independent Living Council (ILC)
by October 3, 2001. NYS Finance Law requires any such payment
to be processed via a contract which specifies the duties and
responsibilities of both parties. A request for exemption from
normal contract publishing requirements was filed with the Office
of the State Comptroller and a sole source exemption was granted.
A proposed contract was drafted and delivered to the ILC on October
5, 2001. On November 13, 2001 the ILC requested a meeting with
Carole Fraser, the Central Office Access Coordinator, plaintiff,
Ted Galusha and Greg Jones of the NYS Office of Advocate for
Persons with Disabilities to discuss the terms of the contract
on November 29, 2001. Another meeting was requested by DEC and
has been scheduled for January 14, 2002 to resolve outstanding
issues. (I.F.1)
· The Consent Decree instructed DEC to establish a
system of access without cost for qualifying persons with disabilities
using existing horse and wagon service to the Santanoni Great
Camp. Research is ongoing to determine if ADA standards exist
for horse wagons and ramps for access to the wagon and if livery
regulations are applicable. DEC also surveyed other states for
accessible wagon plans and designs for ramps. DEC Legal and Fiscal
staff were consulted to determine if a contract is necessary
and what the insurance requirements would be for the providers
of the service. DEC held a meeting with two providers on December
20, 2001 discuss the facilitation of the terms of the Consent
Decree. A contract is being drafted to establish the system for
payment. (I.D.1)
· Paragraph I.H of the Consent Decree provides for
the payment of a reasonable attorney’s fee to Plaintiffs’
counsel. Following review of the time records of Plaintiffs’
counsel, and discussion between counsel for Plaintiffs and Defendants,
the parties reached agreement with respect to fees. A standard
voucher was signed on November 16, 2001 and payment is in process.
Capital Projects
· An extensive database has been created to monitor the
progress of the 185 projects identified in the Consent Decree.
Reports will be generated and updated monthly to follow the status
of the projects through the stages of design, construction and
completion. Exhibit B is a copy of the masterlist. (I.B)
Ongoing Efforts to Provide Accessibility
DEC continues to increase accessibility in addition to those
projects specifically named in the Consent Decree.
Completed :
· The picnic area and trail entrance at the Lowville Demonstration
Area was made accessible including paving a portion of the nature
trail and the kiosk area and providing accessible picnic tables
and grills.
· Region 6 provided an accessible gate for road to beach
at Sand Pond.
· Region 7 constructed a walkway and kiosk on Chenango
# 1 State Forest which provides access and historic information;
an accessible walk way and observation deck overlooking the Hamlin
Marsh in Cicero; 3 new accessible fishing access facilities:
Oneida Lake I-81 Bridge access from the north and south ends;
Salmon River adjacent to the new NY Rte 3 bridge, north end:
NY Rte. 13 FAS near Cuyler.
Under Construction:
· An observation deck at the Whitney Point.
· Salmon River Falls, walkway and falls overlook.
· Cortland Sub-office providing a ramp, accessible doors
and bathrooms to comply with all ADA regulations.
· Our Sherburne sub-office is in the process of remodeling
the bathrooms to make them ADA compliant.
Planned:
· Installation of two accessible, wildlife viewing blinds
at the Quogue Wildlife Refuge.
· Building modifications to the Nature Center at Quogue
which will include, accessible restrooms and an accessible route
into the building.
· Accessible Fishing pier at the sloop channel bridge
on the Wantagh Parkway.
In accordance with Paragraph I.F.3 of the Consent Decree,
the next Quarterly Report will be submitted on or about April
5, 2002.
Respectfully Submitted,
Carole A. Fraser
DEC Central Office Statewide Coordinator for Access Issues
cc: D. Scott Bassinson, Esq.
Alvin O. Sabo, Esq.
Blair Todt, Esq.
Doug Ward, Esq.
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