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HomeMy WebLinkAboutCLD-11-03 CI!J!mgtDn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MARCH 3, 2003 fdR-/~3-D3 Date: Report #: CLD-11-03 File#: 500 By-law #: Subject: ONTARIANS WITH DISABILITIES ACT, 2001 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 ) THAT Report CLD-11-03 be received; 2) THAT the Terms of Reference attached hereto as Attachment NO.1 be adopted as the Terms of Reference of the Clarington Accessibility Advisory Committee; 3) THAT the Municipal Clerk be authorized to place an advertisement in the local media seeking applications for the Clarington Accessibility Advisory Committee; and 4) THAT Evylin Stroud, Keith Kelly and those individuals who attended the public meeting be advised of Council's decision. \ (/ ) ~.J!J) ~-{~~ Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1114 REPORT NO.:CLD-11-03 PAGE 2 of 3 BACKGROUND AND COMMENT On September 9, 2002, Council received Report CLD-37-02 which outlined the Municipality's responsibilities under the Ontarians with Disabilities Act, 2001. The report outlined that, among other things, an Accessibility Advisory Committee must be established to assist the Municipality with identifying and taking steps to reduce barriers experienced by persons with disabilities. Report CLD-46-02 advised Council that the Region, in conjunction with area municipalities, intended to host a series of public meetings to solicit input from various organizations and individuals representing those with disabilities on the best approach to create and establish the committee. The joint meeting with Clarington was held Saturday, November 2, 2002 at the Courtice Community Complex.. Six members of the public, four Regional staff members and one staff member from Clarington attended this meeting. Although the attendance was not as large as had been hoped, a great deal of valuable information was shared. Staff are still engaged in ongoing dialogue with the Region and area municipalities in order to share information and to determine if there are any areas of potential partnerships. Terms of Reference Terms of Reference for the committee have been drafted and are included as Attachment NO.1. The Terms of Reference are designed to set out the mandate, roles and responsibilities of the Clarington Accessibility Advisory Committee, committee composition and committee administration. It is suggested that the Committee be comprised of seven members. In accordance with the Act, a majority of the members must be individuals with disabilities. It is recommended that the remainder of the committee be comprised of one member representing individuals interested in issues related to persons with disabilities, one member (preferably a parent) representing children with disabilities and one member of Council. 1 15 REPORT NO. :CLD-11-03 PAGE 3 of 3 Financiallmolications The public meetings held throughout the Region highlighted the challenges that many disabled people encounter in their day-to-day lives. Sign language translation, captioning services or materials/agendas printed in Braille may be required depending on the needs of the individual appointees. Any substantial financial impacts will be brought forward with the development of the annual accessibility plan. Conclusions It is staff's recommendation that the Terms of Reference be adopted and that the Municipal Clerk advertise for interested individuals to sit on the Committee. Following the expiration of the application deadline, the applications will be forwarded to Council for the appointments to be made. Interested parties to be advised of Council's decision: Ms. E. Stroud 89 Little Avenue Bowmanville, Ontario L 1 C 1 J9 Mr. K. Kelly 75 Liberty Street North Bowmanville, Ontario L 1 C 2L8 Walter and Laura Zutell 114 Concession Street East Apartment 20 Bowmanville, Ontario L1C4Y7 Bud Lambert 4074 Courtice Road North Bowmanville, Ontario L 1 C 3K4 Pat Rundle 63 Concession Street West Bowmanville, Ontario L1C 1Y7 Ben Chartier Handi- Transit 44 William Street West Oshawa, Ontario L1G 1J9 Gerald Jessup 1451 Trulls Road Courtice, Ontario L 1 E 2S3 1116 Attachment NO.1 to Report CLD-11-03 TERMS OF REFERENCE CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE 1. PREAMBLE It should be noted that the contents of this Terms of Reference may be modified at a later date due to the future release of Provincial Regulations of the Ontarians with Disabilities Act, 2001. Portions may also be impacted by the outcome of the recommendations of the Clarington Accessibility Advisory Committee. 2. DEFINITIONS Within this Terms of Reference the term: "barrier" means anything that prevents a person with a disability from fully participating in all aspects of society because of his/her disability, including a physical barrier, an architectural barrier, an information or communication barrier, a technological barrier, a policy or practice (obstacle) (examples are attached as Appendix "A"). "disability" means: a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, physical reliance on a guide dog or other animal, reliance on a wheelchair or other remedial appliance or device; b) a condition of mental impairment or a developmental disability; c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; d) a mental disorder; or e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997. "Municipality" refers to the Corporation of the Municipality of Clarington and may refer to any agency or board, to be determined subject to the upcoming release of the Provincial Regulations to the Ontarians with Disabilities Act, 2001. 1 17 Terms of Reference - Accessibility Advisory Committee Page 2 3. MANDATE The Clarington Accessibility Advisory Committee shall advise and assist the Municipality in developing and facilitating strategies toward a barrier-free Clarington for citizens with disabilities. This aim shall be achieved through the review of Municipal policies, programs and services and the identification, removal and prevention of barriers faced by persons with disabilities. 4. MUNICIPAL REQUIREMENTS The Municipality must develop an annual Accessibility Plan based on the advice received from the Committee which shall address the identification, removal and prevention of barriers to persons with disabilities. Specifically, the plan shall include the following: a) a report on the steps the Municipality has taken to identify, remove and prevent barriers to people with disabilities; b) a description of the measures in place to ensure that the Municipality assesses its proposals for by-laws, policies, programs, practices and services for potential barriers; c) a list of by-laws, policies, programs, practices and services the Municipality will review in the coming year to identify barriers; d) a description of the measures the Municipality intends to take in the coming year to identify barriers; and e) all other information required by the regulations. The Municipality must secure the advice of the Committee for any building, structure or premises which is proposed for purchase, construction or significant renovation, or which is leased by the Municipality. The Municipality must also have regard for persons with disabilities in the purchase of goods or services for its own use, employees or the public. The Committee shall report to Council and shall be responsible for the following: a) participating in the preparation and implementation of an annual Accessibility Plan in accordance with the requirements set out in Section 4; 1 18 Terms of Reference - Accessibility Advisory Committee Page 3 b) advising on the implementation of the effectiveness of the annual Accessibility Plan to ensure that it addresses the identification, removal and prevention of barriers to persons with disabilities within Municipal by-laws, policies and services; c) reviewing buildings, structures and premises which are purchased, constructed, significantly renovated or leased by the Municipality in terms of their access for persons with disabilities; d) selecting and reviewing, in a timely manner, the site plans and drawings for new development, described in Section 41 of the Planning Act; e) reviewing and monitoring existing and proposed procurement policies to ensure that goods and services are accessible to persons with disabilities; f) providing a forum for persons with disabilities to raise issues and concerns; g) reviewing and monitoring existing and proposed policies such as public works policies and standards (eg. sidewalks, snow removal, etc.) to ensure respect for the accessibility of persons with disabilities; and h) co-ordinating the immediate and ongoing dissemination of information to the disabled community and the public at large regarding issues faced by persons with all types of disabilities and regarding the work undertaken by the Committee. Council may also wish to assign other roles and responsibilities to the Committee as local conditions warrant; however, Council must ensure that the committee does not take on so much other work that it cannot fulfill its statutory obligations. Some examples of additional services Council could delegate would be: monitoring federal and provincial government directives and regulations conducting research on accessibility issues liaising with other municipalities on accessibility issues providing public forum workshops on accessible communities undertaking public speaking and public education activities liaising with local stakeholder groups on accessibility issues. 19 " Terms of Reference - Accessibility Advisory Committee Page 4 5, COMMITTEE COMPOSITION The Committee shall be comprised of seven (7) members of which four (4) members shall be persons with disabilities, one (1) member at large interested in issues related to persons with disabilities, one (1) member (parent) representing children with disabilities and one (1) member of Council to provide continuity between the Committee and Council. Persons serving as an attendant for a person(s) with a disability may attend meetings of the Committee only for the purpose of providing assistance to the person(s) with a disability. Attendants shall not participate in discussions on their own nor shall they vote, 6. RESOURCE SUBCOMMITTEES The Committee may form subcommittees and working groups as may be necessary to address specific issues. These subcommittees may draw upon members from the Committee as well as outside resource members (such as Seniors Groups, Health Care etc,) as deemed necessary. The Chairperson of a subcommittee and/or working group shall be a voting member of the Committee. 7. STAFF SUPPORT The Committee will receive administrative support from the Municipal Clerk's Department. This will include the recording of minutes, the preparation of agendas, support necessary to convene a meeting and other support as may be required from time to time. A staff team to support the Committee and to assist in the preparation of the Accessibility Plan is necessary. Representation from each department will be necessary. 8. LENGTH OF TERM The length of term for Committee members will be three years, corresponding with the term of Council, or until their successors are appointed. A Committee member may have their membership renewed by Council for a further three year term but may not serve longer than six consecutive years. The length of term for the Inaugural Committee shall commence in 2003 and continue until December 2006. 1120 Terms of Reference - Accessibility Advisory Committee Page 5 9. CHAIRPERSON A Chairperson will be elected from Committee members on an annual basis at the first meeting of the new year to preside over meetings and committee business. The Council representative shall Chair the first meeting of the Committee. 10. FREQUENCY OF MEETINGS The Committee will meet once every two (2) months at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville. The meeting schedule shall be established by the Committee at its inaugural meeting. Additional meetings may be required based on the requirements to review site plans and complete an annual accessibility plan in a timely manner. All meetings of the Committee shall be open to the public. As a formal advisory committee to Council, the Committee is subject to the Municipality of Clarington Procedural By-Law. 11. QUORUM A quorum shall consist of not less than 50% + 1 of the voting members. Meetings can be held without a quorum present; however, a quorum will be required for voting purposes. 12. DELEGATIONS AT COMMITTEE MEETINGS Any person(s) wishing to appear before the Committee as a delegation must submit a request to the Municipal Clerk's Department, advising of the topic or item to which they wish to speak. All requests for delegations must be received at least one week prior to the meeting to ensure that the delegation is included in the agenda. Any person wishing to address the Committee as a delegation, who has not previously arranged to do so, may be granted permission to do so only by Committee resolution. All delegations will be limited to 10 minutes. 13. MINUTES AND AGENDAS The minutes of each Committee meeting will be amended as necessary and approved at the following meeting. The unapproved minutes will be included in the next regularly scheduled Council Meeting. The Committee agendas will be prepared by the Municipal Clerk's Department, with input from the Committee Chair. 1121 . . Terms of Reference - Accessibility Advisory Committee Page 6 14. COMMITTEE RESOLUTIONS Recommendations are "carried" only if supported by a majority. Only recommendations as they appear in the adopted Minutes may be considered as officially representing the position of the Committee. 15. ABSENCES If a Committee member is absent for three consecutive meetings, they have forfeited their membership unless their absence is justifiable. 16. CONFLICT OF INTEREST A conflict of interest may arise for Committee members when their personal business interests clash with the duties and decisions of the Committee. Municipal conflict of interest requirements as defined by legislation will apply to the Committee members. 17. ANNUAL REPORTS AND WORK PLAN An annual report summarizing the activities completed in the previous year shall be prepared by the Committee. The annual report shall be presented to Council. An annual work plan with an estimate of the resources necessary and any suggested revisions to the Terms of Reference for the coming year shall also be prepared by the Committee for approval by Council. 18. COUNCIL ROLE Council may review the composition of the Committee to ensure that it is representative of persons with disabilities and is working effectively. Council can, with or without the advice of the Committee, make changes to membership composition to ensure the Committee's effectiveness. 1122 , . Terms of Reference - Accessibility Advisory Committee Page 7 Appendix "A" Disability Barriers Barrier Type Example Physical A door knob that cannot be operated by an elderly person with limited upper-body mobility and strength. Architectural A hallway or door that is too narrow for a wheelchair or scooter. Informational Typefaces that are too small to ready by a person with low vision. Communicational A professor who talks loudly when addressing a deaf student. Attitudinal A recreation swimming program which discourages people with developmental disabilities from participating. Technological Information on a municipal Web site which cannot be accessed by a person who is blind who has reading software for a computer. Policy/Practice A practice of announcing important messages over an intercom that people with hearing impairments cannot hear clearly. , 123