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HomeMy WebLinkAbout15.B.2. Creation of Accessibility Task Force IS:[J.J- ~ CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Parks, Recreation, & Facilities Director Meeting Date: October 5, 2004 Subject: Creation of Accessibility Task Force INTRODUCTION City Council discussed a request to create a citizen task force to assist with accessibility issues at the September 21 meeting and directed staff to bring back the request with additional information. BACKGROUND City Council received the accessibility study and transition plan earlier this summer. The transition plan we received details the "brick and mortar" items that need to be corrected to bring the city into compliance. The plan also noted that there are compliance requirements that are not structural. As part of the presentation, I discussed the concept of creating a citizen group to help review priorities for the plan and provide input regarding the non brick and mortar compliance items. Attachment A is the executive summary of the accessibility study and transition plan that details the work yet to be done to bring the city into compliance. Among those items that I see public involvement potentially beneficial include: . Review of Programs . Policies, Procedures, Services, Practices, and Benefits . Communication Plan . Grievance Procedure . Transition Plan, but only as it relates to reviewing the recommended priorities. Ultimately City Council would I believe the most significant of these are the review of programs, policies, procedures, services, practices and benefits, as well as the communication plan. As I mentioned previously, I have received several contacts from individuals who are interested in volunteering. I would anticipate that the task force work would take 6-12 months. Brad Eller, Recreation Supervisor and our designated staff to work on any special needs requests we receive, has agreed to assist me with the task force. If you chose to move ahead, we would publicize this opportunity and return with a resolution creating the task force at your November 3 meeting. If you choose not to create the task force, staff would work on these items over the same period. Either way, recommendations would be brought back to you for consideration. REQUESTED ACTION Council is asked to determine whether or not you would like to proceed with creating a citizen task force on accessibility and provide appropriate direction to staff by way of a motion. ~ EXECUTIVE SUMMARY The City of Shakopee in its continuing efforts to provide an accessible environment for visitors and employees has completed an evaluation for compliance with applicable laws, codes and design guidelines pertaining to accessibility. As a public entity, the City of Shakopee is required to comply with specific federal laws that mandate that barriers to discrimination be removed to provide persons with disabilities equal opportunity. The following laws, codes and design guidelines specifically pertain to the City of Shakopee. 0 Section 504 of the 1973 Rehabilitation Act Section 504 of the 1973 Rehabilitation Act as amended, 1978 states that any entity receiving Federal financial assistance (either directly or indirectly) and all programs, services "conducted by any executive agency of the Federal Govemmenf' must prohibit any discrimination against "qualified individuals with disabilities" in their programs, activities or services. Per 504 of the 1973 Rehabilitation Act, the City of Shakopee is to review buildings, facilities and its sites to determine what architectural or physical barriers exist, the methods and options to remove those barriers, and then determine what the appropriate action plan should be in order to comply. Section 504 of the 1973 Rehabilitation Act requires that architectural and physical barriers be removed if they are necessary to provide program accessibility. Enforcement for Section 504 of the 1973 Rehabilitation Act is through various Departments of the Federal Government. If an entity is found not making efforts to comply with Section 504 of the 1973 Rehabilitation Act, there is a risk of losing federal funding. 0 Americans With Disabilities Act Title II The Americans With Disabilities Act of July 1990 (ADA) is the most recent in a series of civil rights laws for persons with disabilities. The ADA has five titles: Title 1: Employment Title II: Public Services and Public Transportation Title III: Public Accommodations Title IV: Telecommunications Title V: Miscellaneous Provisions. The focus of. this evaluation is Title II. Title II of the Americans with Disabilities Act is intended to apply to all programs, activities, and services provided or operated by public entities. Where Section 504 of the 1973 Rehabilitation Act protected students and employees, the Americans with Disabilities Act expands coverage to include any individual who participates in activities sponsored by the City or are located in facilities owned and operated by the City of Shakopee. Per the Americans with Disabilities Act, entities such as the City of Shakopee are to review all buildings and facilities to determine what architectural barriers exist, the cost to remove those barriers, and then determine what the appropriate implementation plan should be to comply. Like Section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act requires architectural barriers be removed if they are necessary to provide program accessibility. JQP, Inc. Page 3 Executive Summary Enforcement of the Americans with Disabilities Act is through lawsuits filed as a result of a complaint by a person with a disability or an organization representing persons with disabilities. As of July 26, 1992, an entity such as the City of Shakopee is at risk of being exposed to a lawsuit if implementation plans have not been developed. Title III of the Americans with Disabilities Act applies to public accommodations (open to the public). Like Title II, Title III requires that public accommodations provide services, activities, etc. in a non- discriminatory manner. 0 Minnesota BuildinQ Code Chapter 1341 The Minnesota State Building Code Chapter 55 regarding accessibility was implemented in November 1975 and updated in January 1996 and renamed Minnesota Building Code Chapter 1340. The code was most recently revised in May 1999 and is now Minnesota State Building Code Chapter 1341. Any building remodeled, constructed or having a change of occupancy classification after that date is to comply with the Minnesota State Building Code Chapter 1341 design standards. The code is triggered by applications for building permits for construction. The Minnesota state Building Code Chapter 1341 is enforced by local or state building officials. Self-Evaluation Section 504 of the 1973 Rehabilitation Act and Title" of the Americans with. Disabilities Act state that a public entity must conduct a Self-Evaluation of their programs, policies, services, benefits and facilities. In order to complete a Self-Evaluation, the City of Shakopee must perform the following items: I Note: Details of requirements, forms and procedures required by Title II are described in the self-evaluation summary. Desianate an Accessibilitv Coordinator or Coordinators Title II entities must designate an employee who will assume the role of the Americans with Disabilities Act Coordinator. The Accessibility Coordinator will ensure that the purpose and impact of the laws are effectively communicated to the public and employees. It will also be that person's responsibility to follow-up on the implementation and responses for the City. Conduct a Proarammatic Review of each Facilitv/Site Entities must conduct a review of its structures and sites for compliance with the current Americans with Disabilities Act Accessibility Guidelines and other applicable laws .and design guidelines. Information provided as a result of the on-site visits will be incorporated with the findings of this report to assist the City of Shakopee in development of the Transition Plan, noting that the City has options allowing them to relocate or modify programs to make programs accessible. Review of Programs Both Section 504 of the 1973 Rehabilitation Act and Title II of the Americans with Disabilities Act indicate that it is not always necessary to make architectural upgrades to provide accessibility. The City of Shakopee 's first obligation is to ensure that proarams are accessible. The City must identify where architectural barriers exist that are a barrier to program access at each facility and site. In lieu of making architectural modifications, it may be acceptable to relocate programs to an alternate location or site that may provide a greater level of physical accessibility. JQP, Inc. Page 4 Executive Summary - Policies. Procedures. Services. Practices and Benefits The City of Shakopee must conduct a comprehensive review of it's policies, procedures, services and benefits to ensure they do not discriminate against or limit the opportunities for individuals who may wish to participate in their programs. Communication Plan The City of Shakopee must ensure that any written communication produced, such as newsletters, brochures, resident guides, meeting agendas, event programs, registration forms, etc., be available upon request in alternate formats to accommodate individuals with visual impairments. Other auxiliary aids and services, such as assistive listening systems and sign language interpreters, must be available upon request for meetings, programs and events to accommodate persons who may be hard of hearing or deaf. The City of Shakopee should review their telecommunication services to determine if specific equipment is necessary to communicate with persons who are hard of hearing, deaf or speech impaired. Public Notice The City of Shakopee must inform the public of its efforts to remove barriers within the City to accommodate the needs of individuals with disabilities. As part of this notice, the City must identify the name of the Accessibility Coordinator and how the public can reach the Coordinator with any questions, comments or concerns regarding accessibility issues. This notification must occur in several sources of media such as newspaper, radio and television. It is also recommended that continuing notifications occur at such time as modifications to policies, procedures or structures are implemented. Public Participation The City of Shakopee is required to seek out individuals with disabilities and organizations representing disability. issues to allow them the opportunity to participate in the planning process for removing barriers. Grievance Procedure The City of Shakopee must establish a grievance procedure. This grievance procedure must ensure that a documented process is in place to allow individuals with grievances (regarding accessibility) due process in response to their concerns. Transition Plan Finally, the City of Shakopee is required to develop a Transition Plan. The Transition Plan is documentation of architectural changes recommended for providing accessibility to their programs. When the City determines that architectural changes are appropriate, a Transition Plan is completed documenting the following items: 1) Identification of physical obstacles that limit accessibility of a program. 2) Determine methods and options to provide facilities/site access. 3) The time frame for completion. 4) The person responsible for implementation. When implementing the recommendations of the Transition Plan, it is the City's role to determine priorities based on the following JQP, Inc. recommendations and definitions: Priority 1 recommendations are issues for upgrade of highest priority. An accessibility issue will be assigned a Priority 1 if it is one or more of the following: . a barrier to reach a program, . an element or location that receives high public use, JQP, Inc. Page 5 Executive Summary . e an area that needs to be accessible without the luxury of time to prepare to accommodate an individual request, . a safety concern, . programmatic fix, It easy to modify, or . inexpensive. Priority 2 recommendations continue to provide greater levels of program accessibility. An accessibility issue will be assigned a Priority 2 if it is one or more of the following: .. barrier to a significant number of individuals with disabilities, 0 barrier that would create a major inconvenience to a person with a disability, . unique area or element, not typically duplicated, . an area where there is a short period of time to plan for accommodating the request of an individual, . is an. element that supports a program, i.e. drinking fountain, signage, elevator, etc. Priority 3 issues are recommendations to provide convenience of accessibility, such as additional locations of drinking fountains, toilet rooms, entrances, etc. An accessibility issue will be assigned a Priority 3 if it is one or more of the following: . a barrier to fewer numbers of individuals with disabilities, . a barrier that creates a minor inconvenience to a person with a disability, . a duplicated element or program, . an area where there is a greater amount of time to prepare for the arrival of an individual with a disability. Priority 4 recommendations are design elements that would be required for new construction, but in existing buildings or sites do not critically affect the impact on program accessibility and are recommended to be improved at such time repair, replacement or remodeling occur. For example, if faucet hardware located in a toilet room needs to be replaced, it should be replaced with hardware that requires single effort operation, i.e. single lever, dual blade or automatic sensor. Over time, accessibility will be provided through these upgrades. Issues that directly affect employee spaces are recommended to be upgraded at such time repair, replacement or remodeling occurs or upon the need of a qualified employee. It is recommended the City of Shakopee immediately respond to a qualified employee's reasonable request for accessibility upgrades to provide an appropriate work environment It is recommended that the City of Shakopee use this report as a workinq document that can be continually updated documenting action, documenting completed activities, and as a place to store ongoing information regarding accessibility issues associated with the City. Within this executive summary the following tools are provided. ~ Narrative Summary of Self-Evaluation Recommendations. ~ Table Summary of Self-Evaluation Recommendation (it is intended that the City of Shakopee utilize this tool to organize and document self-evaluation recommendation). ~ Self Evaluation Flow Chart. Please contact Julee Quarve-Peterson at (612) 374-3031 if there are any questions regarding this report. JQP, Inc. Page 6 Executive Summary Narrative Summary of SelfBEvaluation Recommendations The following summaries are the conclusions of JQP, Inc. that are recommended to be addressed by the City of Shakopee to move toward compliance with applicable accessibility laws. . Inform employees and the public of the name and telephone number of the Accessibility Coordinator for the City of Shakopee. Advertise the information in different media formats. . Ensure all future public notices informing the public regarding the rights and protections afforded by Section 504 of the 1973 Rehabilitation Act also reference Title II of the Americans with Disabilities Act. All notices must be advertised in alternate media formats. . Recommend development of an ADA committee to assist the Accessibility Coordinator in reviewing and implementing recommendations within this report. . Develop a process to identify the needs of the public to allow effective communication and full participation in programs offered by the City of Shakopee. 0 Allow the public the opportunity to participate in the planning process for removing barriers. i Invite individuals with disabilities, or organizations who represent persons with . disabilities, who use the City of Shakopee facilities to participate in the planning process to remove barriers. . Ensure all announcements regarding public participation are advertised in different media formats. . Maintain documentation of public input such as meeting minutes, copies of notices, persons who participated in the planning process, public comment and the City of Shakopee responses. . Continue to inform the public of the City of Shakopee's efforts to improve accessibility to programs and facilities. . Finalize a Grievance Procedure and request that the City of Shakopee adopt the Procedure. . Consider implementing the "Request for Accommodation Form" which can be completed by a visitor, resident, program participant or employee requesting accommodation. . Develop a policy for a response from the City of Shakopee to an individual's request for auxiliary aids or services. JQP, Inc. Page 7 Executive Summary .......""'--- -- $ Ensure all written communication (resident guides, newsletters, brochures, policies, notices, etc.) includes the phrase announcing the availability of alternate formats, Le.: Braille, large print, audiotape, etc. . Alert employees regarding whom to contact when needing to convert written communication into alternate forms. . Ensure all printed announcements regarding activities indicate the availability of auxiliary aids or services upon request. Examples of auxiliary aids or services incfude a sign language interpreter, assistive listening device kit, etc. ct It is recommended that the City of Shako pee purchase assistive listening device systems to be located at assembly areas of 50 of more persons. It is recommended that the equipment be available to all programs to accommodate persons who may be hard of hearing during meetings, activities and special events. .. Once an assistivelistening device kit is available, advertise its availability by placing the International Symbol of Hearing Loss in all postings, announcements and brochures as well as providing signage within each facility and assembly area. . Ensure employees are aware of the availability of auxiliary aids and services and of the process to request an auxiliary aid or service. i . Consider purchasing or leasing a TTY for placement at locations identified in individual reports. . Until such time TTY's are available at locations where visitors use the public telephone, use the state Relay Service to communicate over the telephone with persons who are hard of hearing, deaf or speech impaired. . Inform employees about what the State Relay Service is (711) and how to use the service. . Ensure buildings have visual fire alarms installed in addition to the existing audible alarm at toilet rooms where they are currently not provided. . Develop an Evacuation Procedures for individuals with disabilities. . Indicate the location of accessible features on maps provided to the public, Le.: accessible parking, accessible toilet rooms, paths of travel, ramped entrances, location of elevator, etc. . When planning special events, utilize the Special Events Checklist. . Continue to ensure the City of Shakopee does not require individuals with disabilities to pay a greater fee than other program participants. JQP, Inc. Page 8 Executive Summary e Continue to ensure the policies of the City of Sh81kopee do not exclude or limit the opportunities of persons with disabilities or that are discriminatory in their nature or implementation. . .. Ensure employees are aware that modifications to buildings or programs may be necessary to accommodate program participants with special needs. . Develop a policy indicating the action the City of Shakopee will take to ensure there are an appropriate number of lift-equipped vehicles. . Request information on trip reservation forms to identify if there is a need to accommodate a person with a disability, i.e.: lift equipped vehicle, assistive listening device system, portable ramps, etc. . As contracts are renewed or as new contracts are written, ensure the City of Shakopee has notified each contractor of its responsibilities for providing contracted services in a non-discriminatory manner. . If lease agreements are used in the future, either landlord or tenant, incorporate language that would benefit the City of Shakopee's position regarding architectural and programmatic accessibility. . Upon review of the Facility Evaluations, determine whether the program can be relocated or if architectural modifications are necessary. . Ensure all projects that involve new construction, repair, replacement or remodeling are fully accessible with the applicable accessibility design guidelines. . Review and finalize the Transition Plan presented by JQP, Inc. documenting the City of Shakopee's plan of action for improving architectural and programmatic accessibility at each facility. It is the responsibility of the City of Shakopee to identify the time frame for removing each barrier and the person/position responsible for the project. . As accessibility projects are completed, update the Transition Plan to maintain documentation of the City of Shakopee's efforts to remove architectural barriers. JQP, Inc. Page 9 Executive Summary .-....-- Summary Table of Self-Evalu~tion Recommendation Person Date ResDonsible Implemented ~..... ~ Identify an Accessibility Coordinator. Completed .- 0 := +" ~ Develop an ADA committee. .om .- c: f/I._ f/I'O >- Notify the public of the name of the III ..... 00 00 <co Accessibility Coordinator. - >- Request public participation in the planning c: .9 process to provide accessibility. iil ::J ~ Once the self-evaluation is completed, keep on iii Jj 0 ,- file and available for public review. , =, !!::.o III ::J Cl)a.a. .~ ~ Notify the public of rights and protections of '0 Title II of the ADA. z B ~ ~ Create a grievance procedure. c:'O ~ JQP, Inc. recommends utilizing "Request for ~ ~ 't: e Accommodation Form." (!)a. ~ Continue to ensure programs and activities are accessible to persons with disabilities. ~ Continue to ensure programs and activities are provided on the most integrated setting en appropriate. c: ~ Continue to ensure written policies or practices 0 'Ci) are not discriminatory. 'S;: ~ Continue to ensure persons are not e a. discriminated against because they are known c: to have a relationship or association with a 0 +:i person with a disability. rn .5 );> Inform contractors of their responsibility to E 'i:: provide contracted services in a non- e,) .~ discriminatory manner. "'0 c: );> Continue to ensure eligibility criteria do not 0 z screen out persons with disabilities. ~ ~ Continue to ensure that persons with Q) disabilities are not required to pay a fee or c: Q) meet other requirement not imposed on other (!) proQram participants. );> Ensure employees and the public are aware that it may be necessary to make reasonable modifications to programs, policies or practices. JQP, Inc. Page 10 Executive Summary - Recommendations )> Continue to provide auxiliary aid and services, such as sign language interpreters, assistive listening, Braille, etc. as requested. ~ Continue to inform the public that auxiliary aids and services are available upon request- Include information on event announcements, etc. e )> Continue to ensure primary consideration is . 0 ~ given to requests of individuals with disabilities ro (,) when determining what type of auxiliary aid or '2 :J service to !)rovide. E E )> Identify the location of TTY(s) and acquire 0 additional equipment as needed. (.) )> Ensure employees are trained on the use of a TTY and the State Relay Service. )> Ensure television programs orvideotapes that are produced provide closed captioning. )> Provide information regarding accessible services, activities and facilities once provided. )> Continue to ensure the level of accessibility is taken into consideration at such time additional sites for program locations are determined. )> Continue to ensure accessible features are maintained to be readily accessible and (/) useable. Q) )> Continue to ensure as repair, replacement or E '0 remodeling occurs that accessible features are ro LL provided. )> Ensure formal lease agreements are written. Ensure appropriate language regarding . accessibilitv is orovided in the agreements. )> Complete and maintain the draft transition plan that is included as part of this report. c: 0 )> Continue to ensure lift-equipped vehicles or ~ 0 other transportation services are provided as 0- m c: necessary. I1l ~ . )> Continue to ensure employees are trained $ g regarding accessibility. Examples of training >>.- include: sensitivity training, how to use o e a.'- equipment, such as TTY's and assistive E ~ w'- listening, where to obtain auxiliary aids, how to respond to requests for accommodation, etc. JQP, Inc. Page 11 Executive Summary - Recommendations ~ Continue to ensure event coordinators take roC/) into consideration the level of accessibility .- - when event planning. C,,) c Q) Q) ~ Continue to ensure event advertisements a.> cnW advertise the availability of auxiliary aids and services. ~ Continue to ensure a means for persons hard >ow of hearing or deaf to be made aware of an o Q) activated alarm. c L- Q) :J 0>"0 ~ Continue to create emergency evacuation .... Q) Q) 0 procedures for individuals with disabilities. E e wa.. ~ Continue to train employees regarding emergency evacuation procedures. JQP, Inc. Page 12 Executive Summary - Recommendations SELF EVALUATION PROCESS: FLOW CHART I SELF-EV ALUA TION ! PUBLIC PROGRAMS and FACILITIES DOCUMENTATION PARTICIPATION DECISION MAKERS SERVICES and SITES FORMS Promote individuals Facilities . Grievance with disabilities to City Council Procedure participate in the . Notices planning of barrier removal. SPECIFIC ISSUES FOR THE CITY OF SHAKOPEE What does the City of Shakopee do? What should the City of Shakopee do? What do we do first? . What forms/documents should be on file? Are there barriers? if so . . . What action should be taken? Who makes decisions on barrier removal plan? I WHAT ARE THE OPTIONS? I Modification Modification Modification of Acquire of Policy of Procedure Architectural & Site issues Equipment Products CREATE A PLAN OF ACTION A Plan of Action is a listing of changes to remove barriers through policy, procedure, equipment and/or service, or IF it is determined that the best way to remove a barrier includes an. architectural or physical site change, those items are to be entered into a document referred to as the Transition Plan. By definition of Section 504 of the 1973 Rehabilitation Act and the ADA, a Transition Plan includes the following information: . Identifies physical obstacles that limit accessibility of programs, . Determines methods and options to provide facility/site access. . Time frame for completion, and . Person responsible. BEGIN CHANGES - PREPARE BUDGETS, SCHEDULES AND ASSIGN RESPONSIBI LlTIES. JQP, Inc. Page 13 Executive Summary - Flow Chart