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.