Loading...
HomeMy WebLinkAboutCommission On Disability - Minutes - 02/08/1993COMMISSION ON DISABILITY February 8, 1993 1:00pm - Regular meeting 281 North College Avenue Minutes Members Present: Arne Andersen Bob Willmot Angela Bryne Roy Beauchamp Ray Sanderson Debbie Kalin Steve Annear Judith Sayre -Grim James Reigles Guests Present: Mayor Susan Kirkpatrick Jean Batchelder, ADA Task Force Ginny DeHerdt, ADA Task Force Rob Gilkerson, ADA Task Force Wendy Irving -Mills, City Facilities Paul Eckman, City Attorney Jan Meisel, City Planning Members Absent: Staff Liaison: Council Liaison: Staff Present: Mike Wilson Shirley Reichenbach Mike Gebo Susan Kirkpatrick Mike Gebo Ann Reichert The meeting was called to order by Mike Gebo who was asked to conduct the meeting by James Reigles. Mr. Eckman explained the executive sessio/meeting that was held January 18, 1993 and minutes from that session to the Board. James Reigles stated he officially resigned from Chairperson of the Commission but was still interested in keeping the chair if the Commission so desired. Arne Andersen moved to go into executive session to discuss the resigination of the Chairman. Ray Sanderson seconded the motion. The motion passed. Commission on Disability February 8, 1993 Page 2 The Board reconvened. Jan Meisel from the City Planning Office appeared before the Board requesting input on an approval for the Prospect Road Corridor. Discussion followed. Bob Willmot, formally of the Forest Service, stated the Forest Service was in the process of developing a handbook for accessibility to trails and recreation areas. This book may be helpful in the future for planning and Mr. Willmot offered to get a copy to Jan. Debbie Kalin moved to accept the proposal with three changes.(remove "minimum", delete "overall", and change implement to "develop".) Angela Byrne seconded the motion. The motion passed. Rob Gilkerson from the ADA Task Force distributed some information regarding the ADA (a copy is attached). He stated this is an opportunity for this group, or individuals, to have input into revisions to the ADA requirements. Ginny DeHerdt from the ADA Task Force distributed information regarding a workshop designed for small businesses and understanding the ADA requirements (a copy is attached). Jean Batchelder asked for help from the commission. She needs local resources for businesses to purchase materials to meet ADA requirements, examples of businesses that have complied and names of contractors that are knowledgeable and experienced with the ADA requirements and guidelines. Wendy Irving -Mills reported things were still moving ahead in the facilities department. James Reigles stated he would resign as chairman effective immediately. Judy Sayre -Grim moved the Commission elect a new chairman at the March meeting. Ray Sanderson seconded the motion. The motion passed. Arne Anderson will call members to get a ballot together for the March meeting. Mr. Eckman stated the Board needed to ratify motions that were made at the January 25, 1993 meeting because motions/action cannot be made in executive session. Steve Annear moved to ratify the motion to issue the letter of apology. Debbie Kalin seconded the motion. The motion passed. • Commission on Disability February 8, 1993 Page 3 Steve Annear moved to ratify the motion for a committee to find fact/issues involving the chair of the Commission. Arne Andersen seconded the motion. The motion passed. Angela Bryne moved to approve the regular minutes of January 11, 1993, the confidential minutes from January 11, 1993 and the minutes of the special meeting January 18, 1993. Steve Annear seconded the motion. The motion passed. The letter of recognition was discussed. It was suggested that the Board keep a list of businesses that have made positive changes and then when the Mayor's Award time comes, compile and draw from those names. Connections workshop sponsored by Poudre R-1 will be held February 18, 1993. COD will have a table with handouts. Debbie Kalin moved to share the table with the ADA Task Force. Arne Anderson seconded the motion. The motion passed. Members from the Commission attending will be Robert Willmot, Debbie Kalin, Angela Byrne and Roy Beauchamp. OLD BUSINESS By-laws were discussed. It was decided to review them at the March meeting. Specifically, the time and days of the meetings. Items for the March meeting will be: • By-laws • Election of Chairman • Letter of recognition to businesses The meeting was adjourned. / Vol. 57. No. 245 / Monday, Decem1*21, 1992 / Proposed Rules ARCHMECTURAL AND TRANGPORTATNW g pg COMPLIANIX IOMDr 36 CFR Part 1191 (Docket No. 92-2) RIN 3014 AA12 Americans With Dlaab11111" Act (ADA) Accessibility Guldelines for Buildings and Facilities: State and Local Government Facilities AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Notice of proposed rulemaking. SUMMARY: The.Ambitectural and Transportation Barriers Compliance Board is issuing proposed guidelines to provide additional guidance to the Department of Justice in establishing accessibility standards for new construction and alterations of State and local government facilities covered by title 11 of the Americans with Disabilities Act (ADA) of 1990. The guidelines will ensure that newly constructed and altered State and local government facilities are readily accessible to and usable by individuals with disabilities in terms of architecture and design, and communication. The standards established by the Department of Justice must be consistent with and may incorporate the guidelines. DATES: Comment' should be received by March 22, 1903. Comments received after this date will be considered to the extent practicable. Where possible, the comments should reference specific sections in the proposed guidelines. The Board will hold public hearings on the proposed guidelines on the dates and times listed under SUPPLEMENTARY INFORMATION below. ADDRESSES: Comments should be ant to the Office of the Conew Camsea Architectural oe� Berrien Co SSSI� qq Stte�NWy{uita ashington,DC 20OG4-Il'i' Commeets wbich are six (6) pages or less may be faxed to (202) 272-5447. CommaDts will be available for inspection at this address from 9 a.m. to 5:30 p.m. on regular business days. The Board will hold public hearings on the proposed guidelines at the locations listed under , SUPPLEMENTARY 04F0FMNATION below. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Stewart; Office of the General Counsel, Architectural and Transportation Barriers Compliance Board, 2331 F Street NW., suite 1000, Washington, DC 20004-1111. Telephone (202) 272-5434 (Voice) or (202) 272-5449 (TDD). This is not a toll- free number. This document is available in accessible formats (caeaetta tape, braille, large print, or computer disc) upon request. SUPPLEMENTARY INFORMATION: Public Hearings To ensure broad public input into the rulemeking, the Board has scheduled five hearings around the country to hear from all those affected by the proposed guidelines. The hearings will be held on the following dates and times at the locations listed below: February 22, 1993--Chulotte, North Carolina, 1 p.m. to 5 p.m., Marriott City Center, 100 West Trade Street February 22.1993—Denver, Colorado, l p.m. to 5 p.m, Westin Hotel, Tabor Center. 2672 Lawrence Street. March 2, 1993—St. Louis, Missouri, 1 p.m. to 5 p.m., Marriott Pavilion Hotel, One Broadway. March 9,1993—Washington. DC, 1 p.m. to 5 p.m., Sheraton City Center, 1143 New Hampshire Avenue. March 15. 2993—San Francisco, California, 1 P.M. to 5 p.m., San Francisco Hilton on Hilton Square. One Hilton Square. Persons who wish to present oral comments on the proposed guidelines may register at the hearing location beginning one hour before the start of the hearings. Persons will be heard in the order in which they register. Oral comments ahould be concise and limited to five (5) minutes. A written copy of the comments should be submitted for the official record. If more people register to present comments than can be heard in the time scheduled for the hearing, the Board reserves the right to select among those persons who register to ensure that the various interested parties are given an opportunity to speak. The Board is particularly interested in receiving comments on the specific questions identified in the preamble to the proposed guidelines. All hearing sites are accessible to individuals with disabilities. Sign language interpreters and assistive listening systems will be available for individuals with hearing impairments. Statutory Background The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 at seq.) extends to individuals with disabilities comprehensive civil rights protections similar to those provided to persons on the basis of race, sex, national origin, and religion under the Civil Rights Act of 1964. Title B of the ADA, which became effective on January 26, 1992, prohibits discrimination on the basis of disability in services, programs and activities provided by State and local government entities, and the National Railroad Passenger Corporation (Amtrak). Section 202 of the ADA extends the nondiscrimination policy of section 504 of the Rehabilitation Act of1973,as amended, (29 U.S.C. 794) which prohibits discrimination on the basis of disability in federally assisted programs and activities to ell State and local governmental entities regardless of whether such entities recaive Federal funds. Most programs and activities of State and local governments are recipients of financial assistance from one or mace Federal agencies and are already covered by section 504 of the Rehabilitation Act of 1973. Title M of the ADA. which became effective on January 26. 1992, prohibits discrimination on the basis of disability by private entities who own, lease, lease to, or operate a place of public accommodation. Title m establishes accessibility requirements for new construction and alterations in pieces of public accommodation and commercial facilities. Section 504 of the ADA requires that the Architectural and Transportation Barriers Compliance Board (Board) issue minimum guidelines to assist the Department of Justice and the Department of Transportation in establishing accessibility standards under titles 11 and 111. Under sections 204(a) and 306(b) of the ADA. the Department of Justice is responsible for issuing final regulations, consistent with the guidelines issued by the Board, to implement titles B and M (except for transportation vehicles and facilities). Sections 229 and 306(a) of the ADA provide that the Department of Transportation is responsible for issuing regulations to implement the transportation provisions of titles B and III of the ADA. Those regulations must also be consistent with the Board's guidelines. Rulamakiog History On July 26,1991, the Board published the Americans with Disabilities Act Accessibility Guidelines (ADAAG) to assist the Department of Justice in establishing accessibility standards for new construction and alterations in places of public accommodation and commercial facilities. See 56 FR 35406. w corrected at FR 38174 (August 12, 1991) and 57 FR 1393 (January 14. 1992), 36 CFR part 1291. ADAAG contains woping provisions and technical specifications generally t