Rec Panel Hears Lack of Access Grievance Slated

NEWTOWN - The Parks and Recreation Commission, meeting Tuesday, September 12, received input regarding a possible lack of compliance at local parks.

During public participation, Chera Simpson, owner of CAS Consulting and an elder care disability resource and community educator, explained to the commission that she intends to file a grievance on behalf of the public because of lack of accessibility at Bridge End Field.

She referred to the Americans with Disabilities Act and a self-evaluation form that every municipality must file, claiming that Newtown has no record of its input and that its parks do not meet the boating access provision within ADA.

According to Ms. Simpson, the Bridge End Field must meet the ADA criteria. "That is an issue for Newtown because the law is very clear."

She went on to explain her understanding of the town's responsibility in bringing the area up to compliance and the possible ramifications of avoiding that responsibility.

Framing the issue as an ADA issue rather than a zoning issue, she explained that she has talked with members of the Leaps of Faith organization, a non-profit group that provides water skiing lessons to the disabled, and advised them against installing a fully accessible boat launch at the site at their own expense.

LOF has been using the Bridge End Field during the summer of 2017 for its events.

Ms. Simpson repeated her understanding of the town's responsibilities before adding that anyone who was unable to access the public park due to disability had the right to file a grievance, then added that unaddressed grievances could be escalated to the Department of Justice.

"I don't understand all the controversy," she said, referring to recent input from both LOF, which has expressed an interest in continuing to hold its events at the public park well past 2017, and residents who have spoken to the Board of Selectmen during a recent meeting to advocate for a regularly changing venue to avoid overuse of this one water area.

Parks and Recreation Commission Chair Edward J. Marks reminded those present that LOF had received temporary access to use the field to access the water and noted there was no agreement between LOF and the town to build any structures or do any modifications to the site.

Ms. Simpson commented that, while there were good intentions, there might have been a communication issue or a lack of information.

"The reality is, [lack of access] has to be fixed and someone has to fix it," she said, thanking Public Works Director Amy Mangold for suggesting she come to the commission to speak before filing the official grievance.

Mr. Marks responded that the commission will need to explore the matter and suggested it review any necessary ADA work as part of its Capital Improvement Plan.

He asked Ms. Mangold to speak to Finance Director Bob Tait to keep him in the loop; Mr. Marks would ask the town to speak to the town attorney to get the ball rolling. "We're the tail end of the dog, we don't make policy, we just try to comply."

Lorie Gibbons, a resident of Bridge End Farm Lane, said she represented the neighborhood and explained their main concern centered around a business operating at the field.

She pointed out that many neighbors have volunteered with LOF over the years and appreciate what the non-profit organization has been able to accomplish for participants and volunteered to help find handicapped-accessible access to the water for LOF.

As public participation wound down, Mr. Marks thanked everyone for their comments and defined his commission's role as enacting compliance as it is needed.

In other business, the commission reviewed the decision of the Board of Selectmen to endorse a hybrid management model for the community and senior centers, which would employ a dedicated director yet share staff and resources with the Parks and Recreation Department.

Mr. Marks commented that he does not know what shared staffing and collaboration would look like and the commission discussed the logistics of the selectmen's decision.

As the discussion progressed, Ms. Mangold expressed her opinion that it would be a mistake to hire a separate director and questioned if she should continue to participate in the advisory committee.

Mr. Marks responded that there are no wrong answers and expressed his own reservation regarding the public perception of the centers, noting he is not inclined to have the Parks and Recreation Commission be responsible if the centers are not able to produce revenue.

"There's a lot to do," Mr. Marks said, confirming that the Community Center Advisory Committee will continue to meet to raise funds, communicate information about the center and map out responsibilities for the center commission and director.

He suggested that the Parks and Recreation Commission should be informed of what is happening at the centers, but felt it would not be appropriate for the commissioners to comment on details.