THE EQUALIZERS

(908) 291-4257

October, 2, 1997

Mr. Jay S. Solomon

Senior Vice President

Bayshore Community Service

727 North Beers Street

Holmdel, N. J. 07733

Dear Mr. Solomon:

I am responding to your letter of September 18, 1997, about accessibility issues at the MedWise Center at 714 Route 35, in Middletown. Thank you for your comments. There were some inaccuracies in your letter that I would like to address. You will find enclosed technical information from the ADA and the Department of Justice to help you understand my comments.

• upper level ramp "is properly located.."

I maintain that the ramp is improperly located, since according to the ADA the accessible path from parking should be on the closest possible route to the accessible door. The path from the upper parking to the ramp is longer than necessary, further than that to the stairs. Two parking places should have been placed to the lower end of the ramp, in the unused area toward Howard Johnson's.

You note that the location was approved by agencies, but, unfortunately, approval by agencies, architects, and construction officials does not guarantee that proper accessibility guidelines have been met.. Your architects, engineers, construction people bear the ultimate responsibility.

• "The railings have been installed…"

While one railing has been installed on the ramp, a ramp of that size requires railings on both sides. This is a key point, of which your engineers should be aware.

• "lower level accessible pathway….by design…met all criteria.."

I am happy that you are having your engineers recheck the path, for it is too steep, with a slope of about 1:15, and requires railings, as noted in the enclosed documents, including Common ADA Errors and Omissions in New Construction and Alterations.

• "curb cuts….area has been filled with blacktop and should not present a danger to any individual attempting to utilize a wheelchair or any other ambulatory device."

I am an individual who uses an ambulatory device, a cane, (due to falls at inaccessible locations), and I know that the filled in area could present a danger to me and others. Blacktop tends to break up in rain, ice, etc., so I hope that you will monitor the situation. It is unfortunate that the work was not done flush the first time.

• parking fine, "$50 to $100 dollars"

The fine for a first time offense of parking in a reserved accessible parking spot is actually $100. Please correct the signs.

• parking spots

The width of the access aisle for accessible parking spaces must be five feet; one van accessible spot, with an eight foot wide access aisle, is also required. I may be wrong, but I recall that your access aisles appear narrow.

I look forward to receiving your response after your engineers have assessed the status. I will be happy to supply further information or clarification.

Sincerely,

Carolyn Schwebel, Ed. D.

School Psychologist

Co-chair

Encl.

cc: A. Mercantante