Loading...
HomeMy WebLinkAbout1995-08-28 95-382 ORDERCOUNCIL ACTION Item No. 95 -IV Date 8/28/95 Item/8abjecG Order, City of Bangor Americans with Disabilities Act Transition Plan Responsible Department: Administration Commntary: As required under the Americans with Disabilities Act of 1990, the City has developed an ADA Transition Plan which addresses necessary modifications concerning City programs and facilities. Throughout the development of the plan, the City has been assisted by ADA Consultants Theriault and Landmaun, of Falmouth, Maine. The City has followed the required process which included an initial public hearing in December 1994 to update the public on progress to date at that time and to receive public input, as well as the second public hearing before the City Council at your last meeting. There have been n further public comments on the proposed transition plan since the hearing held August 18, 1995. At this time, the Plan is ready for foreal adoption by the City Council. Adoption of the Plan will net into motion a proposed multi-year schedule to bring the City into compliance with the Americans with Disabilities Act. As ebe Council is aware, some of the actual modifications to programs, s and facilities are underway while other work is in the planning stages. Total estimated cost to ccmply with the various provisions of the Act approximates somewhat Over oDe million dollars, but could be more depending on the eventual modifications required. Approximately$200,000 i included in the 1995-96 Community Development budget to begin ADA related work. ( 4' /, Robert W. Farrar Dir of Administration Manager's Conments: " city Associated Information: August 11, 1995, Memorandum, Bunmary Handout distributed at August 10 Public Hearing, Transition Plan notebooks distributed previously to Council members. Budget Approval Finance Director Legal Approval: Citolicvtory c introduced For Passage First lading Referral to Muni Ops Page of 95-382 M growl to Cour of Popper August 28. 1995 CITY OF BANGOR (TITLE.) (Drbtr, ting the City ox Bangor _... Americana with Disanilities Act Transition Plen By W City CosaeA of City ofBmlyor: O8L EMV T"T the Americans with Disabilities Act Transition Plan dated May 1995 is hereby adopted and shall become the established Plan that Will guide and assist the City in complying with the various provisiwus of the Americans with Disabilities Act of 1990. 95-382 IN CITY COUNCIL' An t 28,- 1995 0 R 0 E R s d "i tle Adapting the City of Bangor C CLBRK so= Icans with Disabilities Act Transition Plan. ........ ............................ �Fa to ..... r.P.P............. Councilman 95-382 MEMO To: Members of the Bangor City Council From: Robert W. Farrar, Director of Administration Subject: Americans with Disabilities Ad (ADA) -Transition Pian Public Hearing Dale: August 11, 1995 Enclosed please find background information for the ADA Transition Plan Public Hearing scheduled under New Business for Monday, August 14, 1995. As the Council is aware. City staff members have been working diligently to comply with the Americans with Disabilities Ad of 1990. The Act is specifically concerned with equal access to programs, services and activities as well as structural accessibility for those with disabilities. Throughout our efforts, the City has been assisted by Theriault- Landmann Associates of Falmouth, Maine, a recognized consulting fine specializing in ADA Compliance issues. To data the City has completed the required Facilities Survey and Program and Services Review. Additionally, a Public Hearing was held in December to receive input and comment from Interested citizens on the Survey and Review components. This required preliminary work has lead to the development of the Cilys ADA Transition Plan. The Transition Plan defines the actual compliance work that needs to be undertaken, how the work will be accomplished, who will be responsible, establish cost estimates and prioritize the deficiencies that have been identified through the Facilities Survey and Program/Services Review. The document is a summary of work completed and a plan for continuation leading to full compliance with the ADA. The Ad now requires that the Proposed Transition Plan receive a Public Hearing and Men be considered for adoption by the City Council. Listed below is a schedule to acc onplish these tasks: July 18, 1995 Review Draft Transition Plan with Municipal Operations Committee August 14, 1995 Public Hearing on Transition Plan at City Council Meeting August 28, 1995 Adoption ofADA Transition Pian by City Council In general terms, the Transition Plan proposes that the City remedy deficiencies and make modifications required by the Ad to City buildings and facilities that are estimated to cost in the range of approximately One Million Dollars. This number may fluctuate up or down depending upon the actual work that must be completed. The Plan proposes that this work be scheduled out over the meed five years, with priority given to 95-382 Members of the Municipal Operations Committee Page 2 August 11, 1995 mmecling those areaslissues that have the most signifcarat impact an those with disabilities. As Councilors may recall, the recently approved Community Development budget for the coming year included approximately $200,000 to begin ADA related work. In addition to the listing that pertains to structure and facility modifications, the Plan also addresses program and service changes that should be able to be implemented with minimal cost. Included ere such things as preparing an official ADA Policy, training employees in the use of Telecommunications Device for Deaf (TDD), revising City forms/letterheads to include ADA statement and TDD telephone numbers, developing interpreter and auxiliary and resource banks, establishing a grievance procedure to handle ADA complaints and communicating the City's ADA Policy. The vast majority of recommendations in this area should be able to be accomplished within the next several months and completion will move the City toward fulfilling its ADA Compliance commitment. The Transition Plan will be the subject of the Public Hearing on August 14, 1995. Following a two-week comment period, the Transition Plan will be placed on the August 28,1995 Council Agenda for consideration and approval. City ADA Coordinator Sally Thompson, ADA Consultants Thenault and Landmann, and I will handle the brief staff presentation for Monday night's Public Hearing. Ager reviewing this material, should you have any questions or need further information, please feel free to contact either Salty or me at your convenience. RWFfjdr Attachment SPECIAL NOTE: Mew keep the Transition Plan Notebooks for both the August 14th and 28th meetings. Following adoption of the Plan on August 281hr Notebooks may be returned to Bob Farrar, if you do not wish to retain your copy. Tbankyou. 95-382 CITY OF BANGOR Americans with Disabilities Act of 1990 (ADA -90) Httroduclim The City of Bangor has a long history of providing accessibility as requited by Section 604 of the Rehabilitation Act of 1973 and the Maine Human Rights Ace Along with almost every other municipality, the City of Bangor found itself facing new accessibility and non- discrimination requirements with the enactment of ADA -90. With this act, the retroactive application of accessibility requirements to existing public buildings is a particularly significant departure from previous requirements. The purpose of this Public Hearing is m obtain input and comments from inarested citizens on the work done in date, and to aid in the development of the required Transition Plan. ADA -90 The Americans with Disabilities Act of 1990 was enacted into law when it was signed by then President Bush on July 26, 19%. Various parts (tides, sub -titles, and sections) became "effective" at different times and some of the "technical" regulations, which me necessary for communities in even assess their accessibility deficiencies, are either not available or are only available as "interim fond rules". The ADA -90 was specifically intended to end discrimination ago= people with a disability,. their families and companions, and people who aree� to have a disability. With few exceptions, any physical or mental impairment that Bmits a "major life activity" is a "disability" under ADA -90. Major life activities include walking, breathing, seeing, hearing, speaking, learning, working, performing, manual asks and the like. Certain behavioral activities, such as kleptmnania, compulsive gambling, homosexuality, the, are not considered disabilities under ADA -90. ADA -90 and Murdtinalities Under ADA -%most municipalities have essentially three regoiremevm 1) To not discriminate against any employee or potential employee with a disability, with respect to my employment practice; City of Bangor Wage 2 95-382 2) To not discriminate against any person with a disability (i.e. citizen or member of the public), with respect a the provision of any public service or program; and 3) To provide its programs and services in the most 'integrated setting possible% i.e, within an accessible location. In order to implement these requirements, municipalities with M or more employees must develop and implement a Transition Plan. The Transition Plan will define what needs to be accomplished, how the work will be performed, who will be responsible, establish cost estlmams, and prioritize the deficiencies that ban been identified through the Facilities Survey and the Progmms/Smvices Review process. Current Status The Past step in the development of a Transition Plan was the self assessment. The City of Bangor has now completed a self assessment (survey) of its physical facilities mad promaraslservices. An initial Public Hearing was held on December 15, 1995 to review these surveys. A Draft Transition Plan has been developed, which includes: 1) Goals, Objectives and Policies: 2) Public Hearing Input and 3) a specific plan of action for compliance. This Transition Plan is the subject of tonight's public hearing. Of particular interest during this public hearing and in the next two weeks, are your comments on: t) Priorities and 2) Budge allocations After mnight all commands should be in writing, or other accessible formmt. PendNe Actions Following this period of public input and comment, the City of Bangor will consider adopting or revising this Transition Plan. Final adoption will be considered by the Bangor City Council at the August 28, 3995 City Council meeting. It is anticipated that implementation will be on-going as the City of Bangor works to improve accessibility.