News
When
Options Collide
So
many buildings, so little money
By
Elizabeth Prata
What
about the old Post Office?
The
Town Meeting on June 2002 approved Article 14 to borrow
up to $189,000 for the PO purchase. There was a short
term, three year note of which the first payment was
made in July of 2003. Two additional payments are
needed. Principle is $63,000 and interest was $3,420.
Interest is expected to be about the same for the
next two payments. The facility is on one level and
has an ADA compliant ramp.
Pennell
Timeline
1884:
Pennell Institute constructed
1887:
Pennell Institute opens
1899:
Anderson Science lab constructed
1887-
1961: Used for educational purposes: a school of higher
learning, a high school, alternative educational facility
etc.
1961:
Pennell now under trusteeship of SAD 15.
1961-2002:
Pennell Institute is used for various educational
purposes (Special education, adult education, alternative
education) in keeping with the trust.
1977-2001:
The Lab Building was leased to The Gray News for $1
per year to run their business, The Gray News.
1978:
The Gray Historical Society moved into Pennell Institute,
upstairs. They lease the space for free.
2001:
The Gray News moves out in March when the SAD refused
to renew their lease, as the use of the Anderson Lab
by a business corporation was deemed not in the best
interest of the District nor complied with State law
nor complied with the trust.
2002:
Pennell Institute deemed impracticable by SAD to use
for special education, adult education, and alternative
education. Several SAD Administrative offices were
moved into the downstairs. The Historical Society
still uses the upstairs.
May
2003: Pennell Ad Hoc Committee formed, composed of
members from Gray, New Gloucester, SAD 15.
June
2003: SAD sends civil action to the AG asking for
judgment as to the disposition of the Pennell Institute
and Anderson Lab. Abandonment of school buildings
are outlined by state law, and all trusts under the
jurisdicion of the AG.
June
2003: Gray threatens its own lawsuit against the SAD.
August-December
2003: Pennell Ad Hoc Committee meets at various times
and places to wrangle about the trust, ownership of
the building, use of the building, and fair market
value. Equilibrium is restored, law suits dropped.
January
2004: SAD 15, New Gloucester, and Gray formally disband
the Ad Hoc Committee and charge the Gray & New
Gloucester Town Managers and Interim Superintendent
to continue discussions. The idea for SAD 15 and Gray
to use the building jointly is born.
February
2004: Negotiations as to Pennell use continue.
Americans
with Disabilities Act &
Public Buildings
The Act, and what it means for public buildings
And a memo from the Gray Code Enforcement Officer
The Americans with Disabilities Act gives civil rights
protections to individuals with disabilities similar
to those provided to individuals on the basis of race,
color, sex, national origin, age, and religion. It
guarantees equal opportunity for individuals with
disabilities in public accommodations, employment,
transportation, State and local government services,
and telecommunications.
Q.
What changes must a public entity make to its existing
facilities to make them accessible?
A. A public entity must ensure that individuals with
disabilities are not excluded from services, programs,
and activities because existing buildings are inaccessible.
A State or local government's programs, when viewed
in their entirety, must be readily accessible to and
usable by individuals with disabilities. This standard,
known as "program accessibility," applies
to facilities of a public entity that existed on January
26, 1992. Public entities do not necessarily have
to make each of their existing facilities accessible.
They may provide program accessibility by a number
of methods including alteration of existing facilities,
acquisition or construction of additional facilities,
relocation of a service or program to an accessible
facility, or provision of services at alternate accessible
sites.
Q. When must structural changes be made to attain
program accessibility?
A. Structural changes needed for program accessibility
must be made as expeditiously as possible, but no
later than January 26, 1995. This three-year time
period is not a grace period; all alterations must
be accomplished as expeditiously as possible. A public
entity that employs 50 or more persons must have developed
a transition plan by July 26, 1992, setting forth
the steps necessary to complete such changes.
Q. How will the ADA's requirements for State and local
governments be enforced?
A. Private individuals may bring lawsuits to enforce
their rights under title II and may receive the same
remedies as those provided under section 504 of the
Rehabilitation Act of 1973, including reasonable attorney's
fees. Individuals may also file complaints with eight
designated Federal agencies, including the Department
of Justice and the Department of Transportation.
Source: http://www.usdoj.gov/crt/ada/adahom1.htm
The Town of Gray and ADA
Former Code Enforcement Officer Tom Reinsborough responded
to a query from Town Manager Mitchell A. Berkowitz
on September 9, 2002 regarding the Town Office Committee's
assessment of current and future town offices and
compliance with the ADA.
"You have asked me about the ADA. I think the
first thing the committee has to understand is ADA
is a civil rights law. This means that you don't have
to do anything. But what will force you to comply
is when a person, wither employee or general public
user does not have free and unencumbered access to
public places….ADA is a civil law and the clock
is ticking for the town of Gray. The federal courts
are not siding with towns that have done very little
or nothing to make accommodations. You need to look
at all the infrastructure of the Town; Stimson Hall.
Town Office, Newbegin Hall, all need elevators. The
Library s considering an expansion, then they will
need one also."
Source: Summary of Town Office Center Committee Report,
December 9, 2003.
