Monroe County Legislature
Survey of Disability Issues
2004 Election


In an effort to better educate Monroe County's disability community about the candidates for office, this survey has been distributed to all candidates running for Monroe County Legislature. Please review the issues and respond to the following questions. Space has been provided for your answer and a short explanation. Please use additional space as needed. Responses will be published throughout the Monroe County disability community. Thank you.

Please submit responses by October 15, 2004. Responses can be faxed to (585) 546-5643 or mailed to:

                     Chris Hilderbrant
                     Center for Disability Rights
                     412 State Street
                     Rochester, NY 14608
 
NOTE: This survey was sent to Mary Valerio and Amy Campbell (District 3), Dave Malta and Chris Gorman (District 8), Tony LaFountain and Mel Callan (District 9), Mike Barker and David Thiel (District 11), Jeff Adair and Mike Radigan (District 12), Dan Quatro and Dolly Kujawa (District 15), and Robert Colby (District 20). However, only four out of thirteen candidates responded.
 
1. Single family homes are currently not covered by any accessibility regulations. Several cities and States have adopted Visitability as a means of assuring basic access (one no-step entrance, a first floor bathroom, and 32 inch clearance in internal doorways) to single family homes funded by public money or developed for speculative buyers. Visitability allows people with disabilities to make use of a home, whether they own it, or just visit friends or family. Visitability also allows seniors to age in place because there is at least one entrance with NO stairs.

Would you initiate development and support passage of a Visitability Ordinance in Monroe County requiring that all publicly funded, newly constructed, single family homes have one no-step entrance, a first floor bathroom, and 32 inch clearance in internal doorways?

[ ] Yes          [ ] No

Amy Campbell:
Yes. Benefiting from public's funds should require complying with federal laws. Equal opportunity means being able to live/have access to your own home, as well as those of friends. It is also practical with an aging population-our homes will allow for easier access.


Mel Callan:
I support the concept but I need more information.


Mike Radigan: [X] Yes


Dolly Kujawa:
Yes. Should have been done years ago.


2. For wheelchair users and people with sensory disabilities, finding apartments that meet their needs is one of the most difficult struggles in life. To meet this challenge, Massachusetts has been successful with a program called MASS Access. Under MASS Access, developers and landlords are required to publish the availability of a wheelchair accessible apartment or home through the MASS Access internet site as well as Independent Living Centers. New York State is beginning to make initial efforts at a voluntary list, but we are concerned that it, like most voluntary accessibility programs, will not be successful.

Would you initiate development and support passage of legislation creating and maintaining a mandatory Monroe County Accessible Housing List? Landlords and developers would be required to report the availability of accessible apartments and homes to this list.

[ ] Yes          [ ] No

Amy Campbell:
Yes. Mandatory rules would likely add to listings "shaming" reluctant landlords to be more proactive in listing. It is also a great tool to identify neighborhoods lacking options to target.


Mel Callan: [X] Yes


Mike Radigan:
Yes. I would like to understand this proposal further.


Dolly Kujawa:
Yes. Again, something that should have been done already. Should benefit the landlords and developers as well as people with disabilities.


3. Medicaid Waivers have been demonstrated to save Medicaid dollars while serving people in their own homes and communities. NYS DOH reports that their Traumatic Brain Injury Waiver saves $1,600 per person, per month, compared to placement in a nursing home. Unfortunately, in New York State, only people with Traumatic Brain Injuries or Development Disabilities are eligible for waivers which can effectively support community based living. The narrow focus of existing waivers forces many seniors and people with disabilities into institutions. The New York State Assembly and Senate recently passed a bill to develop a new 1915(c) waiver to serve people who do not qualify for existing waivers.
Would you petition the Monroe County Legislature to send a letter to Governor Pataki advocating that he sign the Nursing Facility Transition and Diversion Medicaid Waiver Bill (S.7715 / A.11798)?

[ ] Yes          [ ] No
Amy Campbell:
Yes. As our region struggles with rising Medicaid costs, thus it is not only fair and promotes least restrictive setting living it is pragmatic in saving costs as have been experienced with the TBI program.


Mel Callan: [X] Yes


Mike Radigan:
This should receive bi-partisan support, should it not?


Dolly Kujawa: [X] Yes


4. New York State is in tough financial times, budget and programmatic cuts are a reality, but are frequently targeted disproportionately against community-support services. Cutting community supports is an attack on the civil rights of people with disabilities and frequently costs more Medicaid than the cuts saves due to the high costs of the institutions into which people are forced without the availability of community supports. In Monroe County's most recent round of budget cuts, community supports were cut while institutional services were not.

Do you pledge to not cut community support services disproportionately in comparison with institutional services?

[ ] Yes          [ ] No

Amy Campbell:
Yes. See above (answer question #3). This is not only simply fair, but also financially prudent.


Mel Callan: [X] Yes


Mike Radigan: [X] Yes


Dolly Kujawa:
Yes. There are many areas in the County budget where substantial dollars can be saved. There should be no need to cut any of the community-support services.


5. Rochester has one of the nation's highest concentrations of people who are Deaf or Hard of Hearing. However, in recent years there have been many problems with the closed captioning of County Public Service Announcements (PSAs). Critical governmental announcements, inaugurations and addresses are not captioned and thereby exclude people who are Deaf.

Will you actively enforce the Americans with Disabilities Act and ensure that 100% of all County funded ads and announcements will be closed captioned for the Deaf and Hard of Hearing?

[ ] Yes          [ ] No

Amy Campbell:
Yes. We are unique with our population base and should celebrate all our population's abilities, not disadvantage those who don't fit within a singular view of "normal".


Mel Callan: [X] Yes


Mike Radigan:
Yes. This should always be done.


Dolly Kujawa:
Yes. Absolutely.


6. Voters with disabilities should be able to participate fully in the electoral process, including being able to independently cast a secret ballot. The technology to provide equal access is readily available, however, some NYS rules prevent the state from using this equipment and providing full access. New York State Legislature passed legislation that fails to address accessibility as part of the implementation of the Help Americans Vote Act (HAVA).

Will you develop and support County legislation requiring that all polling sites be accessible to people with disabilities?

[ ] Yes          [ ] No

Amy Campbell:
Absolutely.


Mel Callan: [X] Yes


Mike Radigan: [X] Yes


Dolly Kujawa: [X] Yes


Will you advocate for Monroe County Board of Elections to require a fully accessible, electronic voting machine be in every polling district? These machines would accommodate the needs of people with physical disabilities, sensory disability and learning disabilities.

[ ] Yes          [ ] No

Amy Campbell:
Yes. Voting is both a benefit and civic duty. Ours is a troubled history of denial based on literacy tests, exclusions etc. We should expand democracy not restrict it.


Mel Callan: [X] Yes


Mike Radigan:
I had concerns about electronic voting. I'd like to see success after the election before I endorse the electronic method.


Dolly Kujawa:
Yes. Should be done on a statewide basis.


7. For decades, people with disabilities have often been forced to choose between going to work or having needed health coverage through Medicaid. With the implementation of the Medicaid Buy-In, New York State is making progress to allow people to work and maintain their coverage. People with disabilities have experienced substantial problems in attempting to apply for the Medicaid Buy-In in Monroe County. One individual met with his Medicaid worker three times plus several more phone calls and still was not given an application. Several people have been directed to the Medicare Buy-In or to spend-downs or other inappropriate programs.

Do you pledge to remove existing barriers within Monroe County's Department of Human and Health Services in order to facilitate enrollment in the Medicaid Buy-In?

[ ] Yes          [ ] No

Amy Campbell:
Yes. This promotes work and economic empowerment, which should be positive for our community, labor force and development.


Mel Callan: [X] Yes


Mike Radigan: [X] Yes


Dolly Kujawa: [X] Yes


Will you meet with Medicaid recipients and consumer advocates to develop an effective strategy for implementing the Medicaid Buy-In in Monroe County?

[ ] Yes          [ ] No

Amy Campbell:
Yes. In my experience in mental health consumer advocacy, I have discovered that policies are often only as effective as they are designed and implemented and who better to help than those closest to the issues.


Mel Callan: [X] Yes


Mike Radigan: [X] Yes


Dolly Kujawa: [X] Yes


How could Monroe County begin to address the near 70% unemployment rate experienced by people with disabilities?

Amy Campbell:
We must practice as part of our general jobs growth strategy. We should look to programs working in similar communities e.g. JUDD program used in Albany CO NY to expand employable skills in integrated workplaces, we should also use research on effective programs, e.g. supported employment, to use money most effectively. We can also leverage and expand existing programs, e.g. National Disability mentoring day.


Mel Callan:
Expand opportunities with NYSID.


Mike Radigan:
I would have to ask your assistance in developing legislature to address this complex issue.


Dolly Kujawa:
Start by working with the businesses to find out why people with disabilities are not being hired and set a good example by hiring more people with disabilities in the County work force.


8. People with disabilities throughout Monroe County have indicated that Rochester-Genesee Regional Transportation Authority's Lift Line paratransit service continues to violate the Americans with Disabilities Act and its regulations. Despite rulings by Federal Judge Larimer and the Second Circuit court of Appeals, Lift Line fails to deliver next-day service consistently.

Will you advocate for the Monroe County Legislature to establish performance benchmarks that Lift Line must satisfy in order for R-GRTA to receive county funding?

[ ] Yes          [ ] No

Amy Campbell:
Yes. County funding is in short supply these days of budget woes. We should ensure greater accountability on the part of our agencies, divisions, and contracting partners as typical part of doing business and using $ wisely. Further, results (e.g. semi-annual) can be available for public review and comment.


Mel Callan: [X] Yes


Mike Radigan: [X] Yes


Dolly Kujawa:
Yes. Definitely will advocate for performance benchmarks and if not met, have no problem withholding funding.


Will you advocate for the County Legislature to impose fines on R-GRTA for specific violations?

[ ] Yes          [ ] No

Amy Campbell:
Yes. My training in law shows that while not often the best first option, sanctions with some teeth are often quite effective at changing behaviors.


Mel Callan: [X] Yes


Mike Radigan:
Yes. Fines usually compel companies.


Dolly Kujawa:
Yes. Withholding funding would effectively be the same as fining. It would have to be a consideration however, I would want to know the extent of funding and how much latitude the legislature would have when it pertains to fines.


9. Rochester is currently planning and developing several large community projects. The Disability Community is concerned that without a formal process to ensure that access is done correctly, these large projects will have barriers which exclude people with disabilities, as we have seen with the Fast Ferry. In the past, Rochester and Monroe County had an advisory council of people with disabilities to review such projects. This council has not met or been consulted in several years.

Would you advocate for revitalization of the City/County Council of People with Disabilities?

[ ] Yes          [ ] No

Amy Campbell:
Yes. Absolutely.


Mel Callan: [X] Yes


Mike Radigan:
Probably, but I would want to have more detail.


Dolly Kujawa: [X] Yes


Would you develop and support legislation that would require all projects receiving County funding to be reviewed by the City/County Council of People with Disabilities for its approval of the access aspects of the project?

[ ] Yes          [ ] No

Amy Campbell:
Yes. This should be built into the review process and come early before things are set in stone. Review should also be explained to other funding partners (e, g. private, federal, state) so we are all working collaboratively to enhance the community in a positive and fair way.


Mel Callan: [X] Yes


Mike Radigan:
Probably, but I would want to have more detail.


Dolly Kujawa:
Yes. Wonder why the Council became so inactive. Sounds like a win-win for everyone.


10. In recent years, the Rochester community has seen desperate struggles over school budgets. Many of these struggles are also in the shadow of national debates and disagreements over how schools should be funded and how children should be educated. Children with disabilities are among the first targeted when budget cuts are proposed. The accommodations and programming needed to ensure that every child with a disability has a chance to be successful is vulnerable to budget cuts.

Will you pledge not to approve budget cuts which damage special education?

[ ] Yes          [ ] No

Amy Campbell: [X] Yes


Mel Callan: [X] Yes


Mike Radigan: [X] Yes


Dolly Kujawa: [X] Yes


What is your view on mainstreaming children with disabilities into the everyday classroom?

Amy Campbell:
All children deserve equal opportunities, including in the classroom. We should do all we can to include children with disabilities in classrooms through funding aides, technology devices, or either assistance measures to give all children the quality education they deserve. We must be full participants and this starts in the classroom. Hopefully this will also decrease stigma, disability stigma, often tragically learned early.


Mel Callan:
I support the concept. I think each child's situation should be reviewed to achieve an optimal learning environment. However, county legislature doesn't have much control.


Mike Radigan:
I am not an expert on this, but my concentrations on the subject make me believe there are better ways than the way its being done today.


Dolly Kujawa:
I have a daughter who teaches Special Ed. My view is that with the proper support and instruction, children with disabilities can be mainstreamed. There must be adequate support for them.


11. The United States Supreme Court decided in 1999 that all individuals with disabilities have the right to live in the Most-Integrated Setting. Regardless of age, type of disability, or level of need, states cannot force people with disabilities to live in institutions. This ruling is most commonly known as the Olmstead decision. New York State currently does not comply with the Olmstead decision and does not have a plan for Olmstead implementation.

What is your plan to promote independent living for seniors and people with disabilities and ensure Olmstead compliance within Monroe County?

Amy Campbell:
We should work more with other counties to push the federal and state governments to prioritize Olmsted planning, implementation, and evaluation, including funding and other resources, this would include more pressure on NYS to comply. At the local level, we must, ensure we have a "most integrated" setting" plan, developed in coordination with the disability community, with specific long term goals, short term objectives and targets. We should also look to what is working elsewhere for models here and an independent collection of data, especially financial to show how positive, qualitatively and quantitatively, more integrated, community living can be.


Mel Callan:
I would work with the Disability Community to identify the barriers and develop a plan that is acceptable to the Disability community.. However, I need more information.


Mike Radigan:
This requires further work on my point. I do believe in independent living.


Dolly Kujawa:
I can honestly say I do not have a plan at this time. What I can say is that I have a grandson who is developmentally disables and is 19 years old. I will be a very strong advocate for compliance with the Olmsted decision.






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