City plans to build a ramp on the oceanfront Senior citizen asks city to comply with ADA for beach access BY CHRISTINE VARNO Staff Writer LONG BRANCH - City officials are working with a concerned resident on plans to construct a ramp along the oceanfront to bring Long Branch into compliance with the federal Americans with Disabilities Act (ADA). Ocean Boulevard resident Austin Gelzer, 81, is requesting that the city construct an ADA-approved ramp at Matilda Terrace in order for senior citizens and disabled residents to gain access to the city's beach. "There are no constructed ramps [along the oceanfront] in the city at this time," said Jeffrey Ross Williams, attorney representing Gelzer on the matter. "There are some natural ramps. "We are looking for one ramp at Matilda Terrace that complies with ADA. Whether ADA requires other ramps, we haven't even gotten to that yet. "The elderly and disabled have missed too many summers," he added. Williams and Gelzer met with City Attorney James Aaron and City Business Administrator Howard H. Woolley twice this fall to discuss plans to bring the city into compliance with requirements set forth by the ADA. A mediation session was held in September and another in late November, according to Williams. "The meetings were very collegial and ultimately very productive," Williams said. "In the second meeting, the city demonstrated some very clear willingness to bring the city into compliance. "As a result, the parties have reached a tentative agreement that will bring the city into compliance," Williams said. "Any settlement still has to be approved by the [Long Branch] mayor and council. "Our goal is to have the ramp in place by Memorial Day," he added. Aaron said the specifics of any agreement discussed in the mediation session is not public information at this time. "The matter is still in mediation," Aaron said last week. "There have been discussions. There is no agreement that has been approved by anyone yet. "The negotiations and mediations are confidential according to federal mediation guidelines. As soon as the matter comes before the council, it will be public," he said, adding, "The council has to approve any resolutions." City Councilman Brian Unger said last week that it is "unfortunate" that Gelzer had to retain legal counsel on an issue that the city is responsible to comply with. "I am glad that it looks like the issue is being resolved," Unger said. "The city needs to bring itself into the 21st century on a number of fronts. "The city has been out of compliance for 14 years. This is a good first step," Unger said. Gelzer filed a discrimination complaint form with the U.S. Department of Justice on behalf of senior citizens and disabled residents in February asking that the federal government enforce the requirements of the ADA in Long Branch. Gelzer appeared before the City Council several times throughout the year, saying that he and many others have been denied access along the city's oceanfront. Additionally, Gelzer told council that seniors and disabled residents have been denied accessible public restrooms and sufficient parking facilities. Gelzer also collected more than 500 signatures supporting his complaints and presented them to the city administration. According to Williams, Gelzer's concerns were being "ignored" by the city. "Mr. Gelzer wasn't getting anywhere with the city," Williams said. "He felt he wasn't being taken seriously. I recommended to Mr. Gelzer that if he wanted to apply some pressure on the city, then file a complaint with the Department of Justice." When a formal complaint is made, the Department of Justice arranges a mediation session between the parties involved, according to Williams. If an agreement is not reached as a result of the mediation, the department will then conduct a formal investigation into the matter, Williams explained. "Long Branch has been out of compliance since the ADA came into effect in 1992," Williams said. "They have taken the steps to come into compliance. It is a good move on the city's part." Woolley said the city has listened to Gelzer's comments and has been working to build better access points along the oceanfront. "I didn't feel that there was much of a disagreement here," Woolley said. "We have already put in [plans] for the ramp." In addition to the ramp, Gelzer is also requesting that the city take two other steps to comply with ADA guidelines. He is seeking that the city appoint an ADA coordinator to act as a liaison to the public on any ADA concerns, according to Williams. Additionally, Gelzer asks that the city administer formal ADA grievance procedures to conduct investigations into reported concerns. Both requests are required by federal ADA laws, Williams said, adding that the appointed liaison would be a city employee and a new position would not be created. "I want to commend the city in its recent efforts in the mediation to step up to the plate," Williams said. "It is a terrific sign that the city I interested in complying with ADA and help the disabled and senior population of the city." The ADA issue has been discussed in executive session meetings of the city council, according to Unger, who added that there has been nothing scheduled for a public hearing or final vote on the matter at this time.