HomeMy WebLinkAbout20130544.tiffRESOLUTION
RE: APPROVE AMERICANS WITH DISABILITIES ACT (ADA) OPERATING PLAN,
APPOINT ADA COORDINATORS, AND APPROVE WELD COUNTY ADA NOTICE
AND GRIEVANCE PROCEDURES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, changes to the Americans with Disabilities Act (ADA) require the County to
ensure that the County's programs, services, and buildings are accessible to disabled persons,
and
WHEREAS, the Board has been presented with an ADA Operating Plan, which is
attached hereto and fully incorporated herein, and which provides guidance to the County and
to County employees on how to implement the changes to the ADA, and
WHEREAS, the Board has been presented with the "Weld County Notice Under the
Americans with Disabilities Act" (Exhibit A to the Weld County ADA Operating Plan) and with the
"Weld County Americans with Disabilities Act Grievance Procedure" (Exhibit B to the Weld
County ADA Operating Plan), and the Board finds that it is appropriate and beneficial to the
residents of Weld County to approve these forms, and
WHEREAS, in accordance with the ADA Transition Plan, it is appropriate to appoint an
ADA Coordinator and an Alternate ADA Coordinator, and
WHEREAS, a budget has previously been appropriated for the execution of the ADA
Transition Plan.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, hereby approves the ADA Operating Plan.
BE IT FURTHER RESOLVED that the Board appoints Michelle Raimer as the Weld
County ADA Coordinator and Patricia Russell as the Alternate ADA Coordinator.
BE IT FURTHER RESOLVED that the Board approves the use of the "Weld County
Notice Under the Americans with Disabilities Act" and the "Weld County Americans with
Disabilities Act Grievance Procedure" forms, and authorizes the ADA Coordinator to post such
forms in and about Weld County facilities open to the public.
2013-0544
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PE0030
APPROVE AMERICANS WITH DISABILITIES ACT (ADA) OPERATING PLAN, APPOINT ADA
COORDINATORS, AND APPROVE WELD COUNTY ADA NOTICE AND GRIEVANCE
PROCEDURES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
ATTEST:
Weld County Clerk to the Board
APPAS T
ounty , t.rney
MAR 0 1 2013
Date of signature:
I�Villiam F. G , Chair
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Douglas R c her, Pro -Tern
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an P. Conway
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rbara Kirkmeyer
2013-0544
PE0030
WELD COUNTY AMERICANS WITH DISABILITIES ACT (ADA)
OPERATING PLAN
Updated: February 2013
Purpose
The purpose of this Operating Plan is to provide a road map for Weld County to comply with the
Americans with Disabilities Act (ADA), Title II, related to the provision of public programs,
activities, and services. It does not address Title I of the ADA, related to employment actions, which
would be covered by Chapter 3 of the Weld County Code (also referred to as the "Employee
Handbook"). The following steps will be used to achieve this goal:
1. Designate an ADA Coordinator
2. Providing notice to the public about ADA requirements
3. Establishing grievance procedure
4. New construction and alterations
5. Program Accessibility
6. Effective Communication
7. Approving a schedule and budget for the Operating Plan
8. Monitoring the progress Operating Plan Implementation.
Step 1: Designate an ADA Coordinator
The Board of County Commissioners should designate an ADA Coordinator, by resolution. The
ADA Coordinator should be knowledgeable of the ADA and other laws pertaining to discrimination.
The ADA Coordinator's duties include:
• Monitoring of the County's ADA Plan
• Providing notice to the public about services offered to disabled individuals
• Accepting grievances and investigating complaints of disability discrimination
• Accepting requests for auxiliary aids / services
• Providing notice to employees about their rights under the ADA
• Providing assistance to Weld County managers and supervisors who have questions or
concerns about disability discrimination
• Reviewing potential outside sources of funding for any ADA construction project
Step 2: Providing Notice to the Public About ADA Requirements
The ADA requires Weld County to provide notice of the ADA requirements to the public. "Notice"
should consider:
• The target audience for public notice includes applicants, beneficiaries, and other people
interested in Weld County's programs, activities, or services. As such it will be dependent
upon the particular program, activity, or service provided.
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2013-0544
• The notice should include relevant information regarding Title II of the ADA, and how it
applies to Weld County. Please see Attachment A: Weld County's Notice under the
Americans with Disabilities Act (ADA).
• The notice should be provided to target audiences and on the Weld County website. The
following is an illustrative list of where the notice should also be provided: job applications,
applications for assistance, provision to appropriate interest groups, periodic publication in
local newspapers, posting at all Weld County facilities open to the public, in program
handbooks, with activity schedules, and in meeting rooms.
Step 3: Establishing Grievance Procedure
Weld County must establish a grievance procedure in which the ADA Coordinator accepts written
complaints, investigates those complaints, and responds in writing (or some other appropriate format)
to the complainant. Please see Attachment B: Weld County's Grievance Procedure Under the
Americans with Disabilities Act (ADA). This model grievance procedure was developed by the U.S.
Department of Justice.
Step 4: New Construction and Alterations
The 2010 ADA Standards for Accessible Design establishes the following implementation dates for
new construction and alterations:
Compliance Date for
New Construction or Alterations
Before September 15, 2010
On or after September 15, 2010, and before March 15,
2012
On or after March 15, 2012
Applicable Standards
1991 Standards or UFAS
1991 Standards, UFAS, or 2010
Standards
2010 Standards
From September 15, 2010, to March 15, 2012, if a title II or title III entity (Weld County)
undertakes new construction or alterations, it may choose either the 1991 Standards or the 2010
Standards. Title II entities may also choose to use the Uniform Federal Accessibility Standards
(UFAS). It must use that Standard for all elements in the entire facility. For example, an entity cannot
use the 1991 Standards for accessible routes and the 2010 Standards for accessible seating.
On or after March 15, 2012, all newly constructed or altered facilities must comply with all of the
requirements in the 2010 Standards.
If elements in existing facilities already comply with corresponding elements in the 1991 Standards
and are not being altered, then entities are not required to make changes to those elements to bring
them into compliance with the 2010 Standards.
Facilities constructed before March 15, 2012 are considered in "Safe Harbor" (grandfathered) and do
not require a full implementation of the 2010 ADA requirements. If elements in existing facilities
already comply with corresponding elements in the 1991 Standards or the UFAS and are not being
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altered, then title II entities are not required to make changes to those elements to bring them into
compliance with the 2010 Standards
The EXCEPTIONS from this Safe Harbor include the following facilities: residential
facilities/dwelling units (Note: correctional facilities fall under Safe Harbor exemption), amusement
rides, recreational boating facilities, exercise machines and equipment, fishing piers and platforms,
golf facilities, miniature golf facilities, play areas, saunas and steam rooms, swimming pools, wading
pools, and spas, shooting facilities with firing positions, team or player seating, accessible route to
bowling lanes, and accessible route in court sports facilities. Since Weld County does not own or
operate any facilities which are excluded from the Safe Harbor clause, an operating plan for these
types of facilities is not warranted.
All of Weld County's public access buildings have been reviewed for compliance with the Americans
with Disabilities Act (ADA) of 1990, and the design guidelines that accompany it. The ADA has
been amended by the Americans with Disabilities Act Amendments Act (ADAAA) of 2008, and
subsequent design guidelines were provided by regulatory authority. After reviewing existing
facilities, it has been verified that the majority of public access facilities were constructed and/or
remodeled after 1991. During this time, these facilities were brought to the 1991 Standards, UFAS,
or 2010 Standards. In addition, these facilities were inspected by local building officials for
compliance with these governing directives. The buildings with public access are:
Building Name
1400 Admin
Address
1400 N. 17th Ave., Greeley
1401 ACS, GIS, & Elections
1401 N. 17`' Ave., Greeley
1402 Admin
1402 N. 17th Ave., Greeley
Alternative Pro rams
1390 N. 17th Ave., Greeley
Buildings and Grounds
1105 H Street, Greeley
Carbon Valley Branch Library
340 Maple St., Frederick
Centennial Center
915 10th St., Greeley
Community Corrections
1101 H St., Greeley
Courthouse
901 9th Ave., Greeley
Courthouse Annex
934 9th Ave., Greeley
Courts West
910 10th Ave., Greeley
Administration Building
1 150 O -St., Greeley
Head Start --Frederick
1551 Admin
3
340 Maple St., Frederick
1551 N. 17th Ave., Greeley
Island Grove --4-H Building
4
425 North 15 Ave., Greeley
425 North 15 Ave., Greeley
Island Grove --Extension
Jail
2110 O St., Greeley
Justice Services
1008 9th St. Greeley
Law Enforcement Administration
1950 O St., Greeley
Missile Site Park
10611 Spur 257, Greeley
Motor Pool
1399 N. 17th Ave., Greeley
National Guard Building
330 Park Ave., Ft. Lupton
Crime Lab (Downtown)
918 10th Street, Greeley
Public Health
1555 N. 17th Ave., Greeley
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Public Works
11 1 1 H St., Greeley
Human Services A
315 A N. 11th Ave., Greeley
Human Services B
315 B N. 11th Ave., Greeley
Human Services C
315 C N. 11th Ave., Greeley
South EAST Weld Service Center
2950 9th St., Ft. Lupton
South WEST Weld Service Center
4209 WCR 24 %2, Longmont
Trainin Center
1104 H St., Greeley
Trophy Building
910 10th St., Greeley
West Annex (North Building)
901 10th Ave., Greeley
_
West Annex (South Building)
9
909 10th Ave., Greeley
The bui dings which did not fully incorporate the 1991 Standards, UFAS, or 2010 Standards were as
a result of a purchase in an "as -is" condition. These are listed below with the identified the barrier
and projected remedy:
Justice Services
1008 9th Street, Greeley
Barriers
Remedy
Estimated
Completion Date
Projected
Cost
Door Openers
Relocate Services to another facility
2013
$3,000
Trophy Building
910 10th Street, Greele
Barriers
Remedy
Estimated
Completion Date
Projected
Cost
Multiple as Building
is non -compliant
Building is not being used for
public programs and is projected to
be demolished.
2020
$45,000
West Annex (South Building)
909 10th Ave, Greele
Barriers
Remedy
Estimated
Completion Date
Projected
Cost
Door Openers,
Ramps & Hallways
Relocate Services to another
facility
2013
$3,000
Head Start --Frederick
320 Maple St.. Frederick
Barriers
Remedy
Estimated
Completion Date
Projected
Cost
Door Openers,
Restrooms and
Ramps
Demolish Building
2013
$20,000
National Guard Building
330 Park Ave., Ft. Lupton
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Barriers
Remedy
Estimated
Completion Date
Projected
Cost
Multiple as Building
is non -compliant
Building is not being used for
public programs and is projected to
be remodeled through CSBG grant.
2015
$250,000
In addition, Weld County has two facilities that due to historical designations and structural
impracticability cannot be fully modified without threatening or destroying the historic significance
of the facilities. These two buildings are the Courthouse which is located at 901 9th Ave, Greeley,
and the Missile Site Park which is located at 1061 1 Spur 257, Greeley. Should historic preservation
modifications/alterations be pursued in the future, the 2010 ADA guidelines will be consulted to
determine which aspects can be incorporated.
Step 5: Program Accessibility.
The ADA requires the County to make County programs and services accessible to disabled persons.
This is a different requirement than making County facilities accessible. For program accessibility,
the County is required to identify "paths of travel" to "primary functions." Paths of travel include
sidewalks, hallways, elevators, building entrances, etc. Primary functions refer to any physical
locations within a County facility that are related to the specific purpose for the public's use of that
facility. For example, primary functions would include meeting rooms, court rooms, class rooms,
exhibits, or anything else specifically related to County programs or services. Restrooms and water
fountains are also primary functions. Electrical closets and supply rooms, for example, would not be
considered primary functions, even if they were open to the public. Areas which are not open to the
public are not subject to the requirements to make programs and services more accessible to disabled
persons.
Program accessibility applies to all the County's programs and services, regardless of whether they
are provided in buildings which do not need physical alteration to comply with the new design
standards. Should the County identify physical barriers to a particular program, the County could
remove the physical barrier, or change the location of the program to a facility that does not have a
physical barrier. For example, if the Department of Public Health and Environment taught a class to
Weld County residents about safe food handling procedures, that program would need to be
accessible. If the class is taught in a room which requires participants to walk up a few stairs, the
Department could either move the class to an accessible location, or make the current location freely
accessible.
If programs operating prior to March 15, 2012 contain program accessibility which already complies
with corresponding elements of 1991 standards or the UFAS and are not being altered, then Weld
County is not required to make changes to bring program accessibility into compliance with 2010
Standards. This is because physical changes made to make programs more accessible are
"encouraged" to comply with the new guidelines, but are not required. Whether or not to make
changes that comply with the new design guidelines would likely depend on the cost to do so and the
feasibility of the change. In the former example, the design guidelines might suggest that an elevator
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be installed. This might not be feasible and may significantly increase costs. In that circumstance,
making a compliant ramp would be appropriate, and would improve program accessibility.
Step 4, "New Construction and Alterations", identifies those buildings which do not fully incorporate any of
the ADA design guidelines. Justice Services provides pretrial services to criminal defendants. The portion
of the building currently providing services has been remodeled and is ADA compliant with the exception of
door openers at the entryways. The building is projected to be vacated and demolished. Therefore, no action
should be taken to make it ADA compliant at this time. The Trophy Building, is not being used for public
programs or services and is projected to be demolished in the future. Therefore, no action should be taken to
make it ADA compliant. The West Annex (South Building) currently houses the Coroner's Office, which is
open to the public. The cost of bringing this building into compliance with the ADA is prohibitive, therefore
it is anticipated that the Coroner's Office will be moved to another ADA accessible location sometime
during 2013. The Head -Start -Frederick building no longer houses public programs or services. The costs
to update this building are prohibitive, and the building is projected to be demolished. Therefore, no action
should be taken to make it ADA compliant. The National Guard Building is not being used for public
programs or services, and such programs or services would only begin again after a full remodel within the
design guidelines of the ADA. Such remodel is not scheduled to occur anytime before 2015.
Step 6: Effective Communication
The ADA requires the County to take affirmative steps to increase effective communication with
disabled persons. The County uses "Auxiliary Aids" to assist in communicating with disabled
persons. The ADA is not applicable to individuals who have difficulty with the English language.
Auxiliary aids are generally useful in communicating with individuals with hearing or visual
disabilities, or with persons whose physical disabilities limit their ability to communicate.
Human Resources maintains the current listing of Auxiliary Aids which is kept in the department's
M:Drive for availability at any time by HR Staff.
Effective communication should be provided as is reasonable and practical. The "NOTICE UNDER
THE AMERICANS WITH DISABILITIES ACT" and "AMERICANS WITH DISABILITIES ACT
Grievance Procedure" can be provided in various languages (through Microsoft interpretive function)
pending request. In addition, these documents can be provided in large print pending request.
Step 7: Approving a Schedule and Budget for the Operating Plan
The Board of County Commissioners will need to review the scope, schedule priorities, and approve
a budget related to the Operating Plan. The effective communication facet will incur fees based on
usage. In addition, there will likely to be costs associated with the notices and grievance procedures
required by the Operating Plan.
The ADA Coordinator should review potential outside sources of funding for any construction
project that is designed to increase accessibility for disabled individuals, especially if the project is
financially burdensome or would otherwise not be completed (because it is not "readily achievable").
Step 8: Monitoring the Progress of Operating Plan Implementation
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The ADA Coordinator should be responsible for monitoring the progress of Weld County's ADA
Operating Plan. This could include periodic reports to the Board of County Commissioners on the
implementations status, anticipated budget requests, and complaints filed.
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Attachment A
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), Weld County
Government will not discriminate against qualified individuals with disabilities on the basis of disability in its services,
programs, or activities.
Employment: Weld County Government does not discriminate on the basis of disability in its hiring or employment
practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission
under title I of the ADA.
Effective Communication: Weld County Government will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons with disabilities so they can participate equally in the
County's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and
other ways of making information and communications accessible to people who have speech, hearing, or vision
impairments.
Modifications to Policies and Procedures: Weld County Government will make all reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs,
services, and activities. For example, individuals with service animals are welcomed in Weld County Government
offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or
procedures to participate in a program, service, or activity of Weld County Government, should contact the Michelle
Raimer or Patti Russell in the Office of Human Resources by calling (970) 336-7220 or going to 1150 O Street,
Greeley, CO as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require Weld County Government to take any action that would fundamentally alter the nature of
its programs or services, or impose an undue financial or administrative burden.
Complaints that a program, service, or activity of Weld County Government is not accessible to persons with
disabilities should be directed to the Primary or Alternate ADA Coordinator in the office of Human Resources by
calling (970) 336-7220 or going to 1 150 O Street, Greeley, CO.
Weld County Government will not place a surcharge on a particular individual with a disability or any group of
individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy,
such as retrieving items from locations that are open to the public but are not accessible to persons who use
wheelchairs.
Weld County Government
1150 O -Street
Greeley, CO 80632
(970) 336-7220
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Attachment B
AMERICANS WITH DISABILITIES ACT
Grievance Procedure
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of
1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the
basis of disability in the provision of services, activities, programs, or benefits by Weld County
Government. Weld County Government's Weld County Code Section 3-2-10 governs employment -related
complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name,
address, phone number of complainant and location, date, and description of the problem. Alternative means
of filing complaints, such as personal interviews or a tape recording of the complaint will be made available
for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later
than 60 calendar days after the alleged violation to the Primary or Alternate ADA Coordinator:
Michelle Raimer
ADA Coordinator (PRIMARY)
Weld County Human Resources
1150 O Street, Greeley CO 80631
(970) 336-7220
Patti Russell
OR ADA Coordinator (ALTERNATE)
Weld County Human Resources
1150 O Street, Greeley CO 80631
(970) 336-7220
Within 15 calendar days after receipt of the complaint, the Primary or Alternate ADA Coordinator or their
designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15
calendar days of the meeting, the Primary or Alternate ADA Coordinator or their designee will respond in
writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or
audio tape. The response will explain the position of the Weld County Government and offer options for
substantive resolution of the complaint.
If the response by the Primary or Alternate ADA Coordinator or their designee does not satisfactorily resolve
the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after
receipt of the response to Director of Finance and Administration, or his/her designee.
Within 15 calendar days after receipt of the appeal, Director of Finance and Administration, or his/her
designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15
calendar days after the meeting, Director of Finance and Administration, or his/her designee will respond in
writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the
complaint.
Human Resources will retain all written complaints and responses for a period of three years.
GRIEVANCE FORM ON NEXT PAGE
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WELD COUNTY
GRIEVANCE FORM
AMERICANS WITH DISABILITY ACT
Today's Date:
Complainant:
Address:
City, State, ZIP
Telephone & E-mail
Individual Discriminated Against:
Address:
City, State, ZIP
Telephone & E-mail
Alleged Violation: Date(s) of Occurrence:
Requested Action by County to Correct Violation:
Has Complaint been Filed with State or Federal Agency: Yes
No
Name of Agency: Date Filed
Contact Person:
Signature of Complainant
Note: Use additional sheets as necessary
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