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HomeMy WebLinkAboutResolution to Create a Disability Advisory Council - June 1990 To: John Johnson, Chair Human Services Committee From: Brenda Kuhn for Access Unlimited RE: Resolution. to create a City Advisory Council on Disability Date: June 26, 1990 Thank-you for taking the time to meet with us recently concerning the resolution to establish an advisory Council on disability issues. The attached resolution contains some minor wording changes, but is essentially the same resolution that we discussed at the last Human Services Committee meeting. At that meeting it was suggested that: 1) a resolved be added permitting the Mayor to appoint adjunct or ex-otficio members, and 2) the first resolve include a statement that, hencetorth, every effort would be made to appoint City residents to the Advisory Council. After considering these additions, we decided to submit the resolution to you in its present form. Our reasoning regarding suggestion #1 is that interested individuals from the City and the greater Ithaca area will be able to attend meetings and participate to a useful degree whether they are otticially appointed non-voting members or just concerned people. Official appointment will confer little or no advantage. Regarding suggestion #2, we believe that it should be sufficient that the majority of the council are City residents. This council will have as a goal improving accessibility for all who use the City. Many people with disabilities who use the city for shopping, cultural , social and recreational purposes are not City residents. This is in part due to the lack of accessible and affordable housing in Ithaca. Advice from these people should be sought. Furthermore the advisory council will not be spending taxpayer money or making binding decisions for the City. There does not seem to us to be an advantage to having more than a majority of the council be City residents. Again, thank-you for working with us. We hope that the resolution under discussion can be adopted at the July meeting of COmmon Council and look forward to working with you in the future. 43 Q New York State Office of ADVOCATE for the DISABLED Frances G. Berko, ►.D.,M.A. — —--E, !R1 S PLAZA ALSAN7- "12=23-`OOO1 ct.,ty .afKrv-,t,• (518)4 73-4129 ,800) 522-4369 The Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 ("ADA") is federal legislation which extends federal non-discrimination mandates currently applicable primarily to recipients of federal funding across a broad spectrum of the public sector without regard to the receipt of federal funds. Throughout ADA the definition of "person with a disability" is consistent with that currently utilized under §504 of the Rehabilitation Act of 1973, as amended, and the New York State Human Rights Law, i.e., a person with a physical or mental impairment which substantially limits a major life activity (e.g., walking, talking, seeing, hearing, caring for one's self, etc.); a person with a record of such an impairment (e.g., history of mental illness, cancer, etc.); and a person regarded by others as having such an impairment (e.g., facial scarring, speech impediment, etc.). People with AIDS and alcoholics and drug abusers who have undergone treatment are covered. A particularly controversial provision allowing employers to refuse to assign individuals with communicable diseases of "public health significance" (e.g., AIDS) to food handling positions was, as a result of the Conference deliberations, modified to apply only to employees with a communicable disease which could be transmitted through food handling, with the Department of Health and Human Services (HHS) to report annually on such transmission. As the Secretary of HHS has repeatedly stated that AIDS is not transmitted through food handling, the impact of this provision is expected to be minimal. Enforcement proceedings and remedies are generally those available under the Civil Rights Act of 1964 (injunctions, back pay). The pending Civil Rights Act of 1990 may also allow for compensatory and punitive damages. Following is a brief description of the key provisions of ADA and their impact on New York State. Employment — ------ (Ti-t1e-1—effective-2-y-eats-afteteftaetrment} ADA prohibits discrimination on the basis of disability in employment, including selection criteria, pre-employment medical examinations, benefits and opportunities advancement. Employers are required to provide reasonable accommodations (e.g., making facilities accessible, acquisition or modification of equipment, etc.) to qualified employees with disabilities, except in situations where the provision of such an accommodation would impose an "undue hardship." While the Human Rights Law provisions of the New York State Executive Law already prohibit discrimination on the basis of disability by employers of 4 or more (ADA will initially affect employers of 25 or more and, 2 years after the effective date, employers of 15 or more), the major change which ADA will effect will be to clarify the obligation of the employer to make "reasonable accommodations" for qualified employees with disabilities. A 1990 Governor's Program Bill which has passed the Assembly only (S.6426-A/A.7417-8) would incorporate similar requirements for reasonable accommodation in the Human Rights Law. While ADA would not invalidate broader protections offered under state law, (i.e., lower threshold for employer coverage), revisions of state law, especially with regard to reasonable accommodations, would be desirable to assure employers that compliance with state law would meet applicable requirements of the ADA. Public Services (Title II - effective 18 months after enactment, except for provisions regarding public transportation) Under Title II, all activities conducted by state and local government must assure non-discrimination against people with disabilities. To make such assurances, state and local government could be required to remove architectural, communication and transportation barriers and provide auxiliary aids and services to qualified people with disabilities. While the State Human Rights Law already prohibits discrimination in most such areas, ADA will probably require governments to take greater affirmative steps (e.g., barrier removal, provision of auxiliary aids and services) than are currently required to assure nondiscrimination. Architectural accessibility in new construction and renovation projects is already required by the New York State Uniform Fire Prevention and Building Code, but retrofitting is not currently mandated. Special requirements are included for public transportation services. New, and to the extent possible, used buses, rail and other fixed route vehicles purchased or leased 30 days after enactment must be accessible; paratransit services must be provided where fixed route transportation is provided within 18 months of enactment; new facilities and alterations to existing facilities must provide accessibility. Key stations in intercity rail service must be accessible within 20 years. Key stations in 2 rapid rail, commuter rail and light rail systems must be accessible within three years, ---exc pt–that–the–limit–ma3'--be -ext-e-rided–e 30 years+28–fet-eer nt er---rah}-where — extraordinary changes are necessary. Intercity light rail and rapid and commuter rail systems must have one car per train accessible within five years. In New York, the 1990 Governor's Program Bill on accessible public transportation has been enacted as C.61 , Laws of 1990. The bill requires all new buses purchased by nine major transit providers to be lift-equipped and requires that paratransit services be made available in the same communities. Specific requirements applicable to public transportation in New York City were adopted in 1984. ADA will extend these requirements to 35 additional communities. As under Title I, extension of state law to correspond to federal requirements would be desirable. Public Accommodations (Title Ill - effective 18 months enactment, except with regard to transportation services) This Title prohibits discrimination in establishments and services which are privately operated but open to the public. Requirements are similar to those applicable to "public services" under Title II. Transportation services operated by non- governmental entities are included. Requirements that new vehicles used to provide public transportation services (except automobiles and over-the-road buses (e.g., Greyhound) be accessible are applicable 30 days after enactment, with accessibility requirements applicable to over-the-road buses purchased within six (generally) or seven (small providers) years after enactment. New and renovated facilities must be accessible and barrier removal must be undertaken where "readily achievable." The State Human Rights Law currently prohibits discrimination in places of public accommodation. There are certain exceptions to the state law (e.g., schools) which are covered under ADA and ADA would define the failure to take certain action -- barrier removal, provision of auxiliary aids -- not currently required under state law, as discriminatory practices. Architectural accessibility requirements for new construction and substantial renovation are already incorporated in the State Building Code. Retrofitting, however, is not currently required. State accessible transportation requirements are discussed under Title II. As with Titles I and II, amendments conforming state law to the scope of federal law would be desirable. 3 Telecommunications —(-Title-!V-= system-operant-within 3 years-o -9rractment) Title IV requires that common carriers offering telephone service provide telecommunication interstate and intrastate relay services for people who are hearing or speech impaired with 3 years of enactment. The FCC may certify an intrastate relay system as meeting the requirements of the ADA for intrastate service. In New York, an intrastate relay system is currently operated by ATT. Interstate service has not been undertaken to date because no mechanism currently exists for recovery of costs on interstate relay service. The most significant changes which ADA will effect in terms of state law wiil be to provide that the failure to take certain actions is a discriminatory practice. While state law currently prohibits discrimination in most areas addressed by ADA, the focus is on the act of discrimination, and not on discrimination caused by a failure to act. An outline of the ADA which appeared in the July 14, 1990 New York Times follows. R:ghts of the Disabled The Civil Rionts Act of 19E4 bars discrimination on the basis of sex arc na ona! . c:n. • 7^ la. bars - .. ,'� 4�:.� :G`� • Gs..•s.....t,inaaDn against.ie disabled by i e Federal government..FeC r ai cbn�a�^.^�'or entities th atre..e N �e eral funds'. •••••••:- : A 19853 housing law-prohibits disc.lminatton iri the sale dr Tental ai hcus;nd;atter iron 1p91;so me:new ouiicinos'wculd.rave•to be made acces.sibie to the disaoted. Empi.oyrnent In two years,businesses with:mere than 25 workers will be rocu:rep to change their phySCai plants to.accommodate' ' cisabi?d emoicvees. Transportation.New buses, trains aco subway cars,will have to `be access;bie to people in wheelchairs. Public accommodations.iencvotec or new•Note s, retail stores, and r es:aurants will nave to be occessibie to oe^Die !n wnee!cnairs. Earners now exis:ino must be reemoved...i 'eacily cnievaoie." Teier..ommunicatlons. !eiepnene companies will have to provide relay services ailowire nearing-or voice-:m paired cecpie with • SOeC:21 teiepcnes to place arc receive calls from ordinary -teieonones.within three years. ♦ -= i ,:J •i' Y%:�. ^- "� —tom ...�,^ - _Businesses that can demonstrate that the required Ct7an^yes would be too costly, too cisrijctive or suss:ant:ally alter the way they do :us;ness. would be exempt. 4 PROXY I, , a duly appointed member of the City of Ithaca Affirmative Action Advisory Committee , do hereby appoint as my proxy at the 19 Affirmative Action Advisory Committee meeting. In doing so, I am authorizing the afore-named person to vote in my name, place and stead, and to have the same power and authority to vote as I would have if I were personally present at said meeting. It is understood and agreed that this PROXY is in force only for the meeting specified above and that it may and will be revoked in the event that I personally appear at said meeting. Signature of Member Date 1 eA,g_ -Y\ - 0;;ANK -4's-a' p\6\0-) ---OroA (3- S‘ ''''`)%j‘ /.,i,AVO'bt)`- \ C °Zt- n civ FEBRUARY 1992 ZONIAll elTS AMERICAN Fl 1 ASSOCIATION PLANNING CIT_1?,•Or ITHACA 6UIE9H646 [APARTMENT Zoning and the FEB 2 4 i'l.tt�-- This is a broad, sweeping law with enormous implications Americans with for the planning field. For example,consider that there are RECEIVED nearly 50 million individuals with disabilities that are Disabilities Act By, L Time 2- c70 covered by this law. All programs, services, activities, and meetings must be accessible to them to comply with the Most zoning administrators and planning officials already ADA. Since January 26,this law has required compliance for know that significant parts of the Americans with Disabilities every activity conducted by a planning and zoning Act(ADA) took effect on January 26, with the remainder department.In anticipation that not all communities will - becoming effective six months later. What many do not have met requirements by this date, a time line for know is how this new law will directly affect the planning compliance is suggested by the National League of Cities • profession. The ADA is designed to bring disabled (NLC). Local governments may show a good-faith effort for Americans into the economic mainstream by providing them compliance by following a similar time line. equal access to jobs,transportation,public facilities, and The ADA gives individuals with disabilities civil rights services.This issue of Zoning News contains a brief protection parallel to that provided on the basis of race, introduction to the ADA's components and offers strategies color,national origin, sex,and religion. It consists of five for modifying ordinances and administrative procedures to titles: Title I covers employment discrimination;Title II bring them into compliance. An overview of the ADA was relates to discrimination in the provision of services,pro- published in the January issue of the PAS Memo. grams, and activities of state and local governments;Title III �« yam= i +� '�'3 � At t=.1.7.-4.1 .: .-4 ;.-L'...--.1,__::...'''.r.' ----- - .,... 'file .L 4 '=-='• ; , --'''' Aire.,'''', "- - --41' - N.., '. 4 - . '"' ...,-,0 III 11,--ii. 'k''';4°.4.W4**49,41/4:.eXt7.4.i* ,*..,. - " m S _ y `r lei! � . i .,.,- a a x ,'f `, ".,;',:'4 y '. a t #. fir-r . r _ ,i,. �R -• - ,I 1 dill 11 k , ''_. , ' ='' U � • ) : r, ,stir ,, - - ,. ����, gyp. f y I �' 1 a �r...1i ''I k. •'•1ir�■v�1r11rl11 �r111re 1�a1 �!�111111 1 .ri�Y 6 `'� �-3j 'milt1: �:1�.v f 'Ta °`'-- �.. °`.- a- - k ,.?a ! trI � 1(� ��l ,.. jam ,. .4i t t af�`i ,^./ ,_,=:,.. -275.---,-d..): +.V 'R y'Q"+'-' -- it ..••,n,,,,,,,Y�t.-R ` �' S. - - T, ..• . r ;.,Its -, i ., ,�..,,aas�_t-,-..c` a..» `:�.,.. ..r.. 1� +.. .-af1 t rat ,,.. with public transportation, signage, accessible restrooms, materials and information a visually impaired person can use, and meetings in which people with hearing and speech impairments can participate and communicate.Posters Key Definitions announcing public hearings can be posted in senior citizen housing and meal sites,group homes,and other public Accessible Route.`A continuous,unobstructed centers to reach more people with disabilities. path connecting all accessible elements and spaces of a building or facility. At public meetings,people with speech or hearing impairments will need to have the information presented to ADA Accessibility Guidelines(ADAAG).The them in an accessible format.This could include sign ADAAG,issued in conjunction with Titles II and Ill interpreting, a communication aid such as a telephone device on July 26, 1991,contains general design for the deaf(TDD)or a teletypewriter(TTY), a device that standards for building and site elements,such as amplifies sound or clarifies speech,or a person assigned to accessible entrances, routes,ramps,parking spaces,stairs,elevators, restrooms,signage,etc. assist the person with a disability. Speech impairments may not always be associated with hearing disabilities,but may Area of Rescue Assistance.An area,which has ' instead result from cerebral palsy,various medical treat- direct access to an exit,where people who are ments,or cancer. Assisting someone who has only a speech unable to use stairs may remain temporarily in impairment can be accomplished with a microphone amplifi- safety to await further instructions or assistance cation system or by providing notepads for questions and during emergency evacuation. comments. Clear Floor Space.The minimum unobstructed To ensure that people with visual impairments have equal floor or ground space required to accommodate a opportunity to participate in public meetings,zoning single,stationary wheelchair and occupant. administrators were to have made all flyers,printed Disability. In reference to an individual,a physical handouts,public notices, slides, other visual aids, and any or mental impairment that substantially limits one object displayed or demonstrated accessible as of January 26. or more of the major life activities(see below);a Notices for public meetings should be tape-recorded, and the record of such an impairment;or being regarded recorded message should be available at a central location, as having an impairment. such as a public library. Facility.All or any portion of buildings,structures, All local governments should be sensitive to the sites,complexes,equipment,rolling stock or limitations of those individuals with sensory impairments other conveyances,roads,walks,passageways, when providing public notice.It will be necessary to use a parking lots,other real or personal property, wide range of media to ensure that notices are communicated including the site where the building, property, to all citizens.NLC recommends using newspapers,radio, structure,or equipment is located. closed caption television,and posters.NLC also suggests `v Major Life Activities.Functions such as caring for providing information in braille or on audiocassettes for one's self,performing manual tasks,walking, vision-impaired citizens and hiring sign-language interpreters seeing,hearing,breathing,learning,and working. for hearing-impaired persons when holding public meetings. Program Accessibility.Refers to ensuring To ensure that citizens with physical mobility nondiscrimination and equal opportunities for impairments are involved in the planning process,the individuals with disabilities so they may partici- meeting site must have accessible transportation and parking; pate in programs and activities. an accessible route between the parking spaces and the building; and features within the building that make it usable for all, including,but not necessarily limited to,accessible entrances,hallways,restrooms,telephones,drinking prohibits discrimination in business and other public accom- fountains,and public meeting rooms. modations;Title IV covers telecommunications; and Title V Most communities continue to produce their zoning contains implementing provisions.The planning profession is ordinances only in written form, with limited availability to most affected by Titles II and III. the public.Zoning administrators need to think carefully both about how zoning ordinances are published and about which Title II:Public Services citizens are excluded when the city is creating, modifying, Many ADA requirements are already in effect under existing and reviewing the ordinance.Under the ADA,other methods state and local laws. Governments may not refuse a person of communication must be adopted. Some cities have used with a disability participation in a service,program,or computer databases with a publicly accessible terminal to activity simply because of that disability. Planning allow persons with disabilities to comment on proposed departments must seek out people with disabilities and zoning ordinance modifications. Cities will have to apply ensure that their comments can be heard. creative alternatives so that people with disabilities can read = Does this law require that every public meeting must be and use important documents like the city's zoning zap_ accessible?The answer is Yes.Under this law,any planning ordinance. and zoning department or any representative providing a Any individual who believes that he or she has been service that is not accessible will be in violation of Section discriminated against on the basis of disability may file a 202 of the ADA and subject to specified penalties. complaint.The Justice Department is the lead agency for A building or facility is accessible if it has no barriers to enforcing compliance under Title II as it relates to state and people with disabilities.This may mean a central location local governments. Individuals may recover compensatory 2 • and punitive damages for unlawful and intentional government officials to determine whether problems exist. discrimination. In addition, state laws may entitle the The self-evaluation checklist should be a comprehensive individual to sue for more damages. assessment of all current services,policies,and practices and Many communities have worked hard to involve people the effects that do not or may not meet the requirements of with disabilities equally in the planning process,although ADA compliance. According to the NLC, local government :' most continue to produce their zoning ordinances with officials must then begin immediately to modify programs, limited public comment from these people.Burlington, policies,forms,documents,procedures, and structures to Vermont,recently completed a report,Removing Barriers:A ensure compliance. Guide for Including People with Disabilities in the Planning Process. (See"Zoning Reports"on page 4.)The report offers Title III:Public Accommodations guidance for making public meetings accessible to people and Commercial Facilities with hearing,visual, and/or mobility impairments. The ADA accessibility guidelines apply to the design and Santa Monica received a 1989 award from the California construction of new facilities and, when alterations are made, Department of Rehabilitation for a planning program called to existing facilities.The law requires all goods and services "Access Santa Monica."Audrey Parker,the city's disabili- to be available in a way that does not exclude persons with ties coordinator,worked with city staff to create PEN, a disabilities. Places such as restaurants,hotels,theaters, . public electronic network,which allows residents to com- laundromats,museums,day care centers, and all city meeting ment on a specific issue or direct a question to a particular rooms are covered by the law as public accommodations. SIGN 3' MIN. . AKryre///'iir//e/i A/I►'//// Accessible Parking Spaces / (Required Minimum) / ` MULTIPLE • Total Parking Accessible k. 6. ( SPACES REQUIRED ' Spaces in Lot Spaces " 1 to 25 1 ' 1 5' 8' 8' 8' 8' 8' �5 8' 8' 26 to 50 2 Source Parking.Sep�ember 1991 '� 51 to 75 3 76 to` 100 4 — 101 to 150 5 TWO sv �� S 151 to 200 6 SPACES CURB 200 to 300 7 REQUIRED . .0 301 to 400 8 o 401 to 500 9 1 8' 1 8' 1 8' ` 501 to 1,000 2` • 1001 and over 20 • 'Percent of total. i $ 1 P £ d 3 d d 3 9 b; H 8 iJ "Plus one space for each 100 � r x. ' as d .P a QV @r Y,OQO. �3 'f,a � .l ata t t�R'" , ova o �� r'dsaa,� , , ' sf a a dd - t"1 _r `• 9 r ° s1,7';`);� era ' n e a ,1.4414,-4'.�v�r ,�+ � �• ��':,,a.,, city staff member.The system works through personal Cities must have ordinances in place to control new computers and computers located in schools,libraries, and development for accessibility or must be able to show that a city hall. Any citizen can use the computer program to good-faith effort is being made. Zoning officials are to write comment on issues such as a proposed ordinance amendment performance standards that require accessibility in all public `� or to review minutes from previous meetings.This computer accommodations. _ also lists announcements of all public meetings throughout According to the Unified Development Ordinance by the city. Michael Brough,most ordinances contain the following Currently,with the ADA in effect,Parker is organizing a articles,and each of these deals with design elements:density, task force of city department heads to complete a citywide recreational facilities and open space,streets and sidewalks, self-evaluation and make recommendations on accessibility. utilities,floodways,signs,parking,and landscaping.Zoning Each department will pick a liaison to work on an administrators need to analyze each article to determine = ' informational handbook,grievance procedure,and a whether its requirements meet those of the ADA.For example, transition plan.This self-evaluation is one of the specific parking requirements for most uses require varying numbers requirements for local governments with more than 50 of accessible parking spaces.The ADA contains specific employees.The process should be viewed as the starting guidelines for parking. point toward achieving compliance.It permits local The ADA aims to bring state and local codes into line 3 w i � with the federal rules where the latter are stronger.Its If you wish to receive a complete copy of both the provisions,however,do not supersede state or local building regulations and guidelines,contact: Office on the Americans codes or accessibility laws that are already more stringent. with Disabilities Act,Civil Rights Division,Department of The ADA accessibility guidelines(ADAAG)were Justice,P.O.Box 66118,Washington,DC 20035-6118;202— published by the Architectural and Transportation Barriers 514-0301 (voice), 202-514-0381,or 202-514-0383(TDD). Compliance Board(ATBCB). Section 502 of the For specific information about requirements for accessible Rehabilitation Act of 1973 established the ATBCB as a design in new site planning,construction,and alterations, regulatory,monitoring,reporting,and investigative body.It contact: U.S. Architectural and Transportation Barrier enforces compliance with accessibility standards developed Compliance Board, 1111 18th St.,N.W.,#501,Washington in response to the Architectural Barriers Act,examines and DC 20036;202-653-7834 or 800—USA—ABLE. determines ways to eliminate physical and attitudinal Local Officials Guide: Complying with the Americans barriers,and makes reports and recommendations to with Disabilities Act of 1990 is available from the National Congress. ATBCB wrote the final ADA guidelines issued on League of Cities,Education and Information Resources, July 26, 1991.Local governments are given the option of 1301 Pennsylvania Ave.,N.W.,Washington DC 20004; following either the Uniform Federal Accessibility Standards 202-626-3170. $60 for NLC members,$75 for non- or the ADA guidelines. members. LL Opposition There is great resistance in the private sector to meeting the law's accessibility requirements. Groups such as the Joint Baptist Committee(affected by requirements for accessible Call for Information day care centers and soup kitchens),the Children's Foundation(day care centers),American Association of Zoning News is planning an article in the near future Homes for the Aging(nursing homes), and the American examining planning and zoning department attempts at Banking Association(teller windows and ATM machines) public education and outreach. Information on local have all espoused their opposition to.ADA's requirements. programs of this sort should be addressed to Amy Van A major problem with implementing the ADA is that Doren,Reporter,Zoning News,APA, 1313 E. 60th St., there is some vagueness in the law,and it is difficult to Chicago,IL 60637. determine specifically what will be required in every project. The law will evolve case by case. It is,therefore,every zoning administrator's responsibility to keep up to date on the latest methods for achieving compliance. The ADA provides an opportunity to include people who ZONING Reports are frequently left out of decisions affecting their lives. Decisions regarding design criteria in the zoning ordinance will better fit the community's needs if people with disabilities are allowed to comment. A Guideline Code for the Municipal Regulation of Additional Resources On-Premise Signs The American Planning Association is a sponsor of the National Electric Sign Association, 801 N. Fairfax St., Suite American Institute of Architects' three-part teleconference 205,Alexandria, VA 22314. 1991. 46 pp. $20. on the Americans with Disabilities Act that is scheduled to Considering the input of a regulated industry in drafting air on PBS in February,March, and April.For more ordinances is a necessary part of the policy-making information,call 800-343-4146. discourse,and,in this case, the design ideas are sound and the proposed code language is reasonable.NESA stresses that simplicity and commonly understood definitions make both enforcement and compliance easier. Zoning News is a monthly newsletter published by the American Planning Association.Subscriptions are available for$32(U.S.)and$38(foreign). Israel Stollman,Executive Director;Frank S.So,Deputy Executive Director. Zoning News is produced at APA.Jim Schwab,Editor;David Bergman,Fay A Guide for Including People Dolnick,Sarah Dunn,Chris Harris,Carolyn Kennedy,Linda Lamb,Marya Morris, with Disabilities in the Planning Amy Van Doren,Reporters;Paul Thomas,Assistant Editor;Lisa Barton,Production. Process:Burlington,Vermont Copyright©1992 by American Planning Association,1313 E.60th St.,Chicago,IL Office of the Mayor, City Hall, Burlington, VT 05401. 1990. 60637.The American Planning Association has headquarters offices at 1776 Massachusetts Ave.,N.W.,Washington,DC 20036. 31 pp. Small fee. All rights reserved.No part of this publication may be reproduced or utilized in any Burlington,Vermont,has long been committed to public form or by any moans,electronic or mechanical,including photocopying,recording, participation in all aspects of public policy making.This or by any information storage and retrieval system,without permission in writing from the American Planning Association. report is designed as an educational tool for other communities to use to encourage wider participation of Printed on recycled paper,including 50-70%recycled fiber �' g P p and 10%postconsumer waste. mg/ people with disabilities in the planning process. 4 PROPOSAL TO CREATE A DISABILITY ADVISORY COUNCIL FOR THE CITY OF ITHACA - WHEREAS, in the City of Ithaca there exists a substantial number of citizens with varying degrees of physical and mental disabilities, who wish to enjoy the same rights and privileges as the non-disabled presently possess; and WHEREAS, it is recognized that most citizens shall probably acquire some sort of disability, either of a permanent or temporary nature, at some time in their lives; and WHEREAS, in the CIty of Ithaca there are presently many impediments and barriers which effectively prevent disabled residents and visitors from enjoying the same access to buildings, communications, education, entertainment, housing, transportation and other privileges that non-disabled individuals WHEREAS, there are presently many federal, state and local laws, rules, and regulations designed to guarantee various rights and privileges to citizens with disabilities; and WHEREAS, there presently exists no one body charged with the responsibility of advising the mayor and various offices of the City of ithaca as to how best advance and guarantee the rights of citizens with disabilities; and WHEREAS, the City of Ithaca, wishes to ensure that all citizens, regardless of physical or mental disability, shall freely enjoy all the rights and privileges possessed by citizens without a disability. Now therefore be it RESOLVED that the mayor, with the approval of Common Council, is authorized to appoint a Disability Advisory Council to be composed of twelve (12) members, including representatives of the disabled community and organizations serving it, a majority of the members to be residents of the City of Ithaca and a majority of the members considered possessing a disability; and be it further RESOLVED that, initially, one third of the members of the Advisory Council shall be appointed for a one year term each, one third for a two year term each, and one third for a three year term each, and thereafter all members shall be appointed for a three year term each; and be it further RESOLVED that the mayor, at the request of the Advisory Council, is authorized to appoint members of various City departments and boards, including, but not limited to, the Human Services Committee, the Planning Board, the Building Department and the Board of Public Works, as liaison or advisors to the Advisory Council; and be it further RESOLVED that the Disability Advisory Council shall be charged with the following: 1) to assess the problems in the City of Ithaca that present the greatest obstacles to equal rights, access and privileges for citizens with disabilities; and 2) to determine which problems and needs deserve the highest priority as well as those that have the greatest opportunity to be corrected; and 3) to maintain a regular liaison with the mayor and appropriate city boards for the purpose of making recommendations as to how these problems may best be resolved; and 4) to meet on a regular basis to review how well problems have been resolved and receive input from the community on new problems or potential problems affecting the rights and privileges of disabled citizens. Disability Advisory Council WHEREAS, in the City of Ithaca there exists a substantial number of citizens with varying degrees of physical and mental disabilities, who wish to enjoy the same rights and privileges as the non-disabled presently possess, and WHEREAS, it is recognized that most citizens shall probably acquire some sort of disability, either of a permanent or temporary nature, at some time in their life, and WHEREAS, in the City of Ithaca there are presently many impediments and barriers which effectively prevent disabled residents and visitors from enjoying the same access to buildings, communications, education, entertainment, housing, transportation and other privileges that non-disabled individuals have, and WHEREAS, there are presently many federal, state and local laws, rules, and regulations designed to guarantee various rights and privileges to citizens with disabilities, and WHEREAS, there presently exists no one body charged with the responsibility of advising the Mayor and various offices of the City of Ithaca as to how best advance and guarantee the rights of citizens with disabilities, and WHEREAS, the City of Ithaca, wishes to ensure that all citizens, regardless of physical or mental disability, shall freely enjoy all the rights and privileges possessed by citizens without a disability; now, therefore, be it RESOLVED, That the Mayor, with the approval of Common Council, is authorized to appoint a Disability Advisory Council to be composed of twelve (12) members, including representatives of the disabled community and organizations serving it, a majority of the members to be residents of the City of Ithaca and a majority of the members considered possessing a disability, and be it further RESOLVED, That, initially, one third of the members of the Advisory Council shall be appointed for a one year term each, one third for a two year term each, and one third for a three year term each, and thereafter all members shall be appointed for a three year term each, and be it further RESOLVED, That the Mayor, at the request of the Advisory Council, is authorized to appoint members of various City departments and boards, including, but not limited to, the Human Services Committee, the Planning Board, the Building Department and the Board of Public Works, as liaison or advisors to the Advisory Council, and be it further RESOLVED, That two-thirds of the membership of the Council shall w i be City residents and this requirement shall take effect on July 1, 1991, and be it further RESOLVED, That the Disability Advisory Council shall be charged with the following: 1) to assess the problems in the City of Ithaca that present the greatest obstacles to equal rights, access and privileges for citizens with disabilities; and 2) to determine which problems and needs deserve the highest priority as well as those that have the greatest opportunity to be corrected; and 3) to maintain a regular liaison with the Mayor and appropriate city boards for the purpose of making recommendations as to how these problems may best be resolved; and 4) to meet on a regular basis to review how well problems have been resolved and receive input from the community on new problems or potential problems affecting the rights and privileges of disabled citizens.