The Municipal Corporation of the Town of Fort Erie

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Marion Delilah Lynch
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1 The Municipal Corporation of the BY-LAW NO BEING A BY-LAW TO ADOPT THE 2007/2008 ACCESSIBILITY PLAN FOR THE TOWN OF FORT ERIE WHEREAS Section 11 of the Ontarians with Disabilities Act, 2001 provides in part that the Council of every municipality shall prepare an accessibility plan and seek the advice from the accessibility advisory committee that it establishes under Section 12(1), and the accessibility plan shall address the identification, removal and prevention of barriers to persons with disabilities in the municipality s by-laws and its policies, programs, practices and services, and WHEREAS Section 11(4) of the Ontarians with Disabilities Act, 2001 further provides a municipality shall make its accessibility plan available to the public, and WHEREAS By-law No was passed by the Municipal Council of the on May 29, 2006 to adopt the 2006 Accessibility Plan for the, and WHEREAS Report No. CAO was approved at the Council-in-Committee Meeting of October 15, 2007 directing that a by-law be submitted to the Council Meeting of October 22, 2007 to adopt the, and that notice of same be published in the local newspaper, and WHEREAS it is deemed desirable to adopt the in the form of Schedule A annexed hereto to this by-law; NOW THEREFORE the Municipal Council of the hereby enacts as follows: 1. THAT the in the form of Schedule A annexed hereto to this by-law be and it is hereby authorized, approved and adopted. 2. THAT the Clerk be directed to advertise the adoption of the in the local newspaper. 3. THAT the Clerk be directed to make the available on the Town s website and hard copies available in the Clerk s Department at Town Hall and Fort Erie Public Libraries before October 24, 2007.

2 By-law No Page Two 4. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22 ND DAY OF OCTOBER, ORIGINAL SIGNED MAYOR ORIGINAL SIGNED CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the hereby certifies the foregoing to be a true certified copy of By-law No of the said Town. Given under my hand and the seal of the said Corporation this day of, 200.

3 2007/2008 Accessibility Plan A community that is accessible to all persons.

4 Table of Contents Section Page No. 1. Introduction Barrier Free Policy Statement Goals Background on A.A.C Legislative Authority Ontarian with Disabilities Act, 2001 (ODA) Accessibility for Ontarians with Disabilities Act, 2005 (AODA) 3 3. Report on Achievements Commitment of Funding by Council Inclusion of Accessibility in Official Plan Policy Statements Inclusion of Accessibility in the Parks & Open Space Master Plan Other Achievements 6 4. Barriers to be Addressed in 2007/ Impact of Mandatory Standards being developed as part of the AODA: 4.1 Customer Service Standards Transportation Standards Access to Information Standards Employment Standards Built Environment Standards 7 Other matters: 4.6 Outstanding Facility Barriers Improving Access portable ramps and beach mats Ongoing Review and Monitoring of the Plan 9

5 1.0 - Introduction The Ontarians with Disabilities Act, 2001 requires all public sector and broader public sector organizations to have an annual Accessibility Plan and to make it available to the public. This document is the fifth annual accessibility plan developed by the. It highlights the achievements of the 2006 plan and outlines the impact of future mandated service standards that are presently being developed by the Accessibility Directorate of Ontario..1 Barrier Free Policy Statement The is a progressive, caring community and is committed to being responsive to the needs of its citizens. We pride ourselves on our sense of community, our many charitable organizations and high standard of public service. We are cognizant of the diverse needs of our residents and strive to provide services and facilities that are accessible to all. Our vision of the is that of a well designed community that is safe, convenient and comfortable to the benefit of all persons with or without disabilities. To this end, the has developed this barrier free policy and goals..2 Goals The, as an employer and provider of services, is committed to barrier free access and will: 1) Take a leadership role in achieving and setting an example as a barrier free community to the business, institutional and volunteer sectors of our community. 2) Establish a process to identify barriers and gaps in existing services and facilities. 3) Continuously improve the level of accessibility of existing municipal services and facilities. 4) Establish universal design guidelines to simplify life for everyone by making municipal services and facilities more usable to as many people as possible. 5) Actively encourage input from all segments of the community in the design, development and operation of new and renovated municipal services and facilities. 6) Provide resources and support to give effect to this policy. Page 1 of 9

6 1.0 - Introduction, continued.3 Background on the Establishment of the Accessibility Advisory Committee On December 14, 2001 the Ontarians with Disabilities Act, 2001 (ODA) was passed to improve access and opportunities for persons with disabilities, making Ontario a more accessible province. Municipal governments, transportation providers, the Ontario Public Service, hospital, universities, colleges, schools and various other public agencies are required to work in cooperation with the Province to achieve a fully accessible, barrier free Ontario by Municipalities with a population of 10,000 or more were also required under the ODA to set up Accessibility Advisory Committees (AAC) by September 30, By-law No established the Fort Erie AAC. In 2006, a review of boards and committees decreased the composition of the committee to 8 members from 15. The Committee, the majority of whose members must be persons with disabilities: advises Council about the preparation and implementation of its accessibility plan; evaluates the Town s progress annually and the plan is updated to identify further barriers to people with disabilities and ways to remove and prevent them; gives advice to the Council on the accessibility of buildings, structure or premises that the Council purchases, builds or renovates, or generally, makes available as a municipal building; reviews site plans and drawings for new buildings or developments as required under the Regulation; Municipalities are required to consider accessibility when making decisions to purchase equipment, supplies or services for use by the municipality, its employees or the public with disabilities. Municipalities are further required to review their policies and by-laws to ensure provisions of the Act and Regulations are followed. Identification, removal and prevention of barriers will be an ongoing process and the Committee works with the municipality to identify priorities for review each year and reports on the progress for the previous year s priorities. Any municipality that does not set up or continue an Accessibility Advisory Committee could be fined up to $50,000. The AAC meets on a monthly basis (with the exception of June and July) and the minutes of each meeting, once approved, are provided to Council for their review and approval. As well, the AAC has one Council member representative on the Committee. Page 2 of 9

7 1.0 - Introduction, continued.3 Background on the Establishment of the Accessibility Advisory Committee, continued Three sub-committees have been established by the AAC and they are: 1) Awareness, Education & Communication to encourage an understanding through improved knowledge and to encourage participation by the community to move forward with accessibility initiatives. 2) Site Plans, Accessibility and Events to provide alternatives and enhancements to improve the usability of buildings and participation at events by all members of the community. 3) Legislative Process/Regulations Committee to review and provide information related to any changes to legislation and regulations and how it affects our community. Members of the Committee are enthusiastic and committed to making Fort Erie a more fully accessibly community. Their advice and suggestions will be appreciated by all of the citizens of Fort Erie for years to come Legislative Authority.1 Ontarian with Disabilities Act, 2001 (ODA) Under the ODA all municipalities have a legal obligation to prepare annual accessibility plans. The ODA specifics that municipalities must consult with people with disabilities in preparation the plan. Even though new legislation in the form of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Assent on June 13, 2005 and is now the law, the provisions of the Ontarians with Disabilities Act remains in force until the act is repealed. This means that public sector organizations are still legally required to prepare annual accessibility plans and to make these plans available to the public..2 Accessibility for Ontarians with Disabilities Act, 2005 (AODA) In June 2005, the Ontario government took a strong stand on accessibility when it passed the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) into law. The AODA lays out a comprehensive road map to make Ontario accessible to all people through the development, implementation and enforcement of new, mandatory accessibility standards for some of the most important aspects of people s lives. The aim of the legislation is to make the province accessible by The standards being developed will be mandatory for public and private sectors. Page 3 of 9

8 3.0 - Report on Achievements.1 Commitment of Funding by Council Municipal Council, in its 2006 Budget allocated $5,000 to allow the municipality to host the 2006 Inter-municipal accessibility conference entitled Accessibility is for Everyone. The event was a great success with over 120 regional and provincial accessibility committee members as well as professionals attending the event. The conference is a bi-annual event. In its 2007 Budget, Council allocated $2,000 to cover training, development and conference attendance as well as meeting expenses. This has allowed two members to attend the Oshawa Accessibility Conference and two members to attend the People In Motion event in Toronto. Six members including staff resources also attended the 2007 Ability Symposium hosted by Niagara Centre for Independent Living, which was a oneday event in Niagara Falls. As part of Facilities improvements, Council also authorized the replacement of both entranceway doors at the Leisureplex and Municipal Centre by fully automatic doors..2 Inclusion of Accessibility in Official Plan Policy Statements Contained in Section 5.4 of the 2007 Official Plan is the following accessibility policy statement: The Town shall maintain an Accessibility Advisory Committee to consider the accessibility needs of persons with disabilities by undertaking the following: (a) (b) (c) (d) review and make recommendations on the accessibility of municipal building and current park infrastructure; provide input in to the sidewalk rehabilitation program for accessibility design; participate in the development of transit initiatives; and undertake a review of site plan applications. Page 4 of 9

9 3.0 - Report on Achievements, continued.3 Inclusion of Accessibility in the Parks & Open Space Master Plan The October 2006 Plan adopted by Council provides additional focus on activities within parks and open space venues that support youth, teens and senior participation as well as increased accessibility for those with physical and other disabilities. Recommendations excerpt from the Plan are listed below: Recommendation 5 : Parks and Open Spaces Delivery Policy: - That the prioritization process for the Town s participation and investments in park and open space venues focus on servicing residents as the primary users within the following priority framework: o First resources that facilitate and encourage broad-based participation amongst Town residents at a recreational level of activity, which include both passive and non-competitive activities. These recreational activities will also include in-town, regional and provincial competitive oriented activities for children and youth and which link to the specialized needs of targeted populations, such as those with disabilities, seniors, young children, teens, new Canadians and others. - Any Town involvement in parks and open space delivery should be based on the following conditions: o Assured public accessibility, participation and affordability as appropriate. Recommendation 7 : Policy Reviews and Enhancements: - That the following policy areas are recommended for review and/or to ensure they are in place in the Town: o Fairness and equality of accessibility/inclusion; to ensure all park and open space are accessible to the entire community, including those with mobility challenges, disabilities, etc. Recommendation 27 : Facilities Classification: - That the Town adopt the following facilities classification: o Playgrounds Class 1 a good variety of play items for children of all ages (2 to 12) is provided, including specific items and play separation for tots and pre-teens. The provision level is at least 8 major, non-identical play elements, excluding swings and slides. At least three junior and three senior swings are to be provided. Accessibility of the play equipment should be provided. Page 5 of 9

10 3.0 - Report on Achievements, continued.3 Inclusion of Accessibility in the Parks & Open Space Master Plan, continued Section 5.4 of the Plan Parkland Design and Maintenance Standards provides under the sub-title General Approach that the Accessibility for Ontarians with Disabilities Act (2005) was passed with the intention of making Ontario s public infrastructure barrier-free by The requirement by the Town that all new playgrounds be accessible is a laudable initiative. The Town should adopt accessibility standards for all park infrastructure and facilities. Guidelines are also listed in the Plan that include: Provide accessibility by ensuring adjacent road boulevards have curb cuts and sidewalk ramps; Primary trail slope should not exceed 8% (required) or 5% (preferred); Accessible parking on the basis of a minimum 1 per 25 spaces; Accessible furnishings (tables, drinking fountain, etc.) should be provided on the basis of a minimum of one per park and in multiples commensurate with the accessible parking provision. Accessibility may be an optional feature of Class 1 playgrounds and should be a requirement for enhanced, destination-type play area. Accessibility in buildings must meet code requirements..4 Other Accomplishments - Working with the Regional Municipality of Niagara and the Canadian National Institute for the Blind (CNIB) the Committee has been successful in having sensors included in the Garrison Road/Concession Road improvements to assist those with visual impediments - The AAC Coordinator has also becoming an acting member of the Ontario Network of Accessibility Professionals (ONAP) that meet quarterly. ONAP members also are in contact electronically about issues that affect municipalities and also discuss best practices and assist each other when problems arise with positive solutions. - Minutes of meetings are now available electronically through the electronic Council agenda. - The AAC Pamphlet that includes emergency contact numbers for residents has been updated and distributed to medical offices, drug stores and other locations throughout the Town. Page 6 of 9

11 4.0 - Barriers to be Addressed in 2007/2008 Impact of Mandatory Standards being developed as part of the AODA:.1 Customer Service Standard Regulation No. 429/07 establishes accessibility standards for customer service, which applies to every designated public sector organization and to every other person or organization that provides goods or services to member of the public or other third parties and that has at least one employee. The regulation comes into force on January 1, 2008 and the standards apply to municipalities on and after January 1, A number of items will have to be addressed in order to comply with the regulation, some of which have been identified by the AAC, as follows: - the establishment of policies, practices and procedures - the use of service animals and support persons - notice of temporary disruptions - training for staff - feedback process for receiving or responding to feedback about the manner in which goods or service is provided to persons with disability - notification of availability of documents.2 Transportation Standard the proposed standard has been distributed by the Accessibility Directorate of Ontario for public consultation with an opportunity to provide comments until August 31, The August meeting of the AAC dealt with a response to the Minister of Community and Social Services and the CAO has forwarded a response as the transit service provider..3 Information and Communications Standard the membership of the Committee chosen to draft the first Information and Communications Standard has just been finalized. The Terms of Reference for the Committee provide that within 12 months of the first committee meeting, the initial proposed standard will be delivered to the Minister for public review. The Committee has held one meeting in April, Employment Standard - the membership of the Committee chosen to draft the first Information and Communications Standard has just been finalized. The Terms of Reference for the Committee provide that within 12 months of the first committee meeting, the initial proposed standard will be delivered to the Minister for public review..5 Built Environment Standard - - the membership of the Committee chosen to draft the first Information and Communications Standard has just been finalized. The Terms of Reference for the Committee provide that within 12 months of the first committee meeting, the initial proposed standard will be delivered to the Minister for public review. Page 7 of 9

12 4.0 - Barriers to be Addressed in 2007/2008, continued Other Matters:.6 Outstanding Facility Barriers: Contained in the 2006 Accessibility Plan were details associated with specific barriers at Town facilities and parks and the estimated timeframes for completion or investigation. While the majority of the identifiable barriers have been completed, the following table outlines those barriers that still need to be addressed: LOCATION Barrier Type Recommendation Time Frame for Compliance Albert Street Park PHYSICAL 1) Investigate a swing for a disabled child 2) Repair Asphalt Bowen Road Park PHYSICAL Investigate a swing for a 2008 disabled child Libraries all 3 PHYSICAL Elevated Seating 2008 Centennial Library PHYSICAL Drinking Fountain Height 2008 (Sean to follow-up with Bob re dimensions) Stevensville Library PHYSICAL Provide easier accessibility to washroom through hallway (Sean to follow-up) Improving Access During the 2007 Friendship Festival a number of discussions took place with stakeholders and participants regarding portable ramps. The AAC have investigated aluminum ramps that are transportable and can be signed out by community groups, similar to what is presently done with picnic tables, garbage cans, etc. The AAC recommends that the purchase of aluminum ramps be included in the Infrastructure Services 2008 Budget request. In addition to the ramps, the AAC also investigated a new product to assist those in wheelchairs or scooters in accessing the waterfront. The City of Ottawa provided details regarding the beachring 2 product that they have available at each City beach. The beachring 2 is a portable mat that is slightly textured for traction and the rings and ribbing on the bottom prevent movement on the shifting sand or mud. Samples have been received and provided to the Director of Infrastructure Services and Facilities Manager. The mat comes in short lengths that are jointed and are very simple to roll and unroll. Page 8 of 9

13 4.0 - Barriers to be Addressed in 2007/2008, continued.7 Improving Access, continued The City of Ottawa recommended that a Town logo should be spray painted on the tiles and stored away at night. The purchase of approximately 100 ft. of the beachring 2 product would allow greater access for those residents who might not otherwise be able to access the waterfront. Similar to the ramps, the beachring 2 mats can be signed out by community groups as required. The AAC recommends that the purchase of a minimum of 100 ft. of beachring 2 mat be included in the Infrastructure Services 2008 Budget request Ongoing Review and Monitoring of the Accessibility Plan The will monitor progress from the previous year s Accessibility Plan. The Accessibility Advisory Committee will conduct an annual review and list the objectives of the prior year s Accessibility Plan, actions taken to address them and the results obtained. The review will be conducted early enough in the year to enable consultations to be conducted, if required, and recommendations formulated and costed in time for the preparation of the Town s budget for the following year. The Plan will be communicated to the residents of Fort Erie through distribution at the Town Hall and local library as well as being public on the Town s web-site at Page 9 of 9

5 UPDATE ON THE INITIAL PROPOSED ACCESSIBLE BUILT ENVIRONMENT STANDARD UNDER THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005

Report No. 4 of the Community and Health Services Committee Regional Council Meeting of December 16, 2009 5 UPDATE ON THE INITIAL PROPOSED ACCESSIBLE BUILT ENVIRONMENT STANDARD UNDER THE ACCESSIBILITY