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1984-07-16 - Resolution 1984-47 - ADOPTING THE FEDERAL REVENUE SHARING SELF EVALUATION/TRANSITION PLAN REGARDING HANDICAPPED DISCRIMINATIONRESOLUTION NO. 84- 47 A R.ESOLUTION ADOPTING THE FEDERAI, REVENUE SITARING SE1F EVALUATION/TRANSITION PLAN REGARDING HANDICAPPED DISCRIMINATION WHEREAS, the Vlllage of Buffalo Grove ls a reclpLent of general federaL revenue sharlng eotltlements i and r I{EEREAS, the V1llage of Buffalo crove receives greater than $25,000 in entitlement funds during each such period; and, WHEREAS, as a result. of the receipt of such fundlng levels, the Village is required to conduct and maintai.n on file a self-evaluation of lts activlEies to assure that lts actlvitLes and services, along wlth polLcles and practices, do not discrlminate agal[st the handicapped; and, WHEREAS, the evaluatlon was conducted along proeedural guidelines as stated ln Sectlon 51.55 of the Revenue Sharing Act: N0l'l ' TIIEREFoRE ' BE rr RESoLVED BY THE PRESTDENT AND BOARD oF TRUSTEES or TITE VIIIAGE OF BUFI'AI"O GROVE, COOK AND LAKE COI'NTIES, ILLINOIS, T'ttAT: 1. The attached Vl1lage of Buffalo Grove/Federal Revenue Sharing Handi- capped DiscrimLnatlon Regulations self Evaluat Lon/Transltion plan is accepted as the Villagers statenent of fact and action relatlve to tlealing nlth the handieapped 1n the dellvery of services aod activltles, pollcies and practlces. 2. The vlIlage clerk sha11 malntar.n a copy of rhls self Evaluatlon/Trans- ltion Pl-an on fl1e for three years from date of adoption for public inspection. 3. The VilJ.age w111 provide all appllcable publlc service organizatlons wlth informatlon on an ongoing basis to insure compliance wlth the regulations. AYES: 5 - ll.arlenthal, Stone, Hartstein, Glover, Reid NAYES:0 -None ABSENT: 1 - OrReillv PASSED: July 16 1984 AppROVED: July 16 ATTEST: Village Cle Qz,*22 'W$?az-xl APP ViJ-lage President 1984 L ( VILLAGE OF BUFFAIO GROVE FEDERAL REVENUE SUARING HANDICAPPED DISCRIUINA?ION REGULATIONS SELF EVALUATION/TRANS ITION PLAN Introduction: On October 17, 1983, the Offlce of Revenue Sharlng publlshed flnal regulatlonsln the Federal Regtster prohibltlng handicapped dlscrlmlnatlon. These rules, whlch prior to october 17, L983 lrere in lnterlm forrr, were lssued as a resultof a Federal Court Snlth et al. ruling ln the case of Paralyzed Veterans of Anerlca et a1 v. Reclplent governments such as the VllLage of Buffalo Grove have been requlredto prepare by October 17, 1984 a self evaluatlon revlew 1n order to evaluate prograns and actlvlties, pollcles and practlces to deternlne areas of any non-compllance wlth the handlcapped dlscrlninatlon regulatlons and to nake non-structural changes in order to achleve conpllance. As part of the self eval-uatlon, the Village Eust determlne lf any structural changes are needed and, 1f ehanges are needed and required under the lntent of the regulatlons, prepare atransltlon plan describlng hol, the changes w111 be nade by October 17, 1986. Flna1ly, the Vl1lage must make a copy of thls self evaluatlon and transltion plan avallable for publlc lnspectlon and nalntaln lt on fl1e for three years. SeLf Evaluation: Pub1lc Notlce The Vtll.age as a reclplent of general revenue sharlng funds ls requlred toprovlde notlces on the proposed use of revenue sharing funds 1n relatlon to itsoverall flscal budget, on budget availablllty, and on general confornance toother regulatlon as noted froo tlne to tlne. prevlously, notices rrere postedrrith one copy subnltted to the Buffalo Grove Herald for lnsertlon as a pub11cnotice. The Vl11age w111 now send coples of all notlces, 1n addltlon to the prlorpostlng loeatlons, to najor televislon and radlo statlons along uith both thevernon and l{heellng Townshlp Offices. rn addltion, notices will be sent roldentifled loeal organlzations or medla that can provide access to the handi-capped. Finally, on an annual basls a publlc notice w111 be prepared anddistrlbuted as noted above regardlng th; vtllages confornance to sectton 5I.55of_ the Revenue Sharlng Regulatlons. A sanple 6f thrt notlce ia attached asExhlbit "Ar', The.lntent of the Vlllagers notlce requlrements 1s to provlde on a good falthbasls all notlces to those organtzatlons, betng uedla or ooo-r.Jr.,'itr"a ""nprovlde such notice informatlon to the hantllcalped as part of the ielivery ofthelr servlces. The vlllage haa llulted """ou"""" 1n order to carry out the (t) intent of the Regulatlons ln a dlrect manner. The servlces of w111 be sought out to asslst ln Sectlon 51.55 compliance. Enpl oynent intermedlarles Flnally, all recrultment Eaterlal along with Lnternel personnel documents w111 lnclude tn those naterials a statenent that lt is the pollcy of the Vlllage notto dlscrinlnate against the handlcapped ln employment or other personnel mattera. Programs and Servlces A reclplent governnent nust not exclude a qua1lf1ed handlcapped lndlvldual from particlpatlng {n prograns or actlvltles open to the general publlc. Any and all programs must be adntnlstered ln an lntegrated settlng r.rlth satd general pub1lc. Flna11y, no quallfied handlcapped sha11, because of facllltles owned by the Vtllage which are lnaccesstble or unusable by handleapped persons, be denled the beneflts of, be excluded fron participatlon in, or otherwlse be subjected to dlscrlmlnatlon under any program or activlty of the V1l1age. The Vll1age of Buffalo Grove provides a broad range of programs, servlces, andactlvltles approved withln the conatralnts of annual flscal budgets and de- llvered equally to all its cltlzens. There ls no consclous effort on the partof any V111age adnlnlstratlve or operatlng departments to dlscrlmlnate agalnst the handicapped in the provlslon of lts programs, servlces or activlties. Any services that nay be subJect to structural or lmediate lnablllty to provlde sensory servLces for b11nd or deaf lndlviduals sha11 be rectlfled lf propernotlfication ls nade to the Vlllage regardlng a partlcular sltuatlon orcondltton, The Vlllage sha11 act 1n good falth to lnsure that lts programs, services, or activttles are dellvered to all qualifled handlcapped lndividuals, In additlon to the general statement of non-d 1sc rlmlnat lon relatlve to pro- grams, servlces, or actlv{tles, the use of revenue sharlng entltlements rela- tlve to overa1Ml1age operatlons should be dlsclosed. It 1s the Vlllagetspollcy to utlltze any and all revenue sharlug entltlenents for the folloving purPoses: To acqulre or construct capltal facllltles ln confornance to federal revenue sharlng guldeltnes To acqulre capltal equlpx0ent to be used ln the dellvery of programed servlces or actlvitlea To retire debt and pay lnterest on capltal facllities acqulred orconstructed lrtthln the Vlllage or on naJor capltal equlpnentacqulsitlons where debt flnanclng was requlred 1 2 3 This pollcy is intended to provlde a village-wlde beneflt that reduces therequlrenent to ralse property taxes or permlts the abatement of game. Thereare no funds provlded for general 0r corporate operatlng purposes as deflned lnthe governmental accountlng literature. The village of Buffalo Grove as a recrprent of general revenue shartng entltle-ments shalI not use oners condrtlon of handlcap as a reason of dlscrlminatl.nln natters of enployment. To thls end, the Viilage shall: (2) Not dlscrlmlnate agalnat a quallfled handleapped lndivldual ln employment in any progran or actlvlty Not partlclpate ln a contractual or other relatlonship that has the effect of subjectlng a quallfled handlcapped appllcant or enployee to dlscrlninatlon Make certaln that lts recrultEent, advertislng, and processlng of appllcations for employment do not dlscrlmlnate agalnst quallfled handlcapped lndlvlduals Make certaln that hirtng, upgradlng, proEotlon, tenure, the establlshEent of wage rates of pay, the provlslons of frlnge benefits, grantlng of slck leave, and any and all other actlvlties governed by the Vtllagets Posltlon Classlflcatlon and Pay Plan, Performance Evaluation Manual, and Personnel Rules do not discrlninate agalnst quallfled haodlcapped lndivlduals In the review of current practlces governlng emplo)rment, 1t appears that there ts no dlscrlmlnatory practlces lnherent ln the overall personnel and payroll prograns of the Vl1lage. It rrl11 be the Vlllagers lntent to comply wlth sections 51.55 (C),51.55 (h),51.55 (1), and 51.55 (j) of the regulatlons. I 2 3 4 It should be noted that the fol1ow1ng coEments or concerns are regards to enployment natters contained in Sectlon 5I.55 (h). raised ln 1. The Vlllage sha1l nake reasonable accomodatlons to the knorm physlcal or nental llmltatlons of a quallfled handlcapped appllcarrt or enployee unless the Vl11age can demonstrate that the accomlodatlon would lmpose an undue hardshlp on the operatlon of lts prograns or actlvitles. The deflnltlon of reasonable accomodation ls qulte broad and could pose some level of financlal hardshlp on the Vlllage 2. The regulatlons al1ow the reclplent government to determlne reaaon- able accomnodatlon on a case-by-case basis ulth respect to the followlng: B C As a point of reference, lt ls appropriate to note the statutory deflnltlon ofI'quallfled handlcapped indlvidual." The term is Eeant to defln;, wlth respectto enplo)rnent, a handlcapped tndlvidual who, wlth reasonable accomodatlon canperforn the essential functlons of the job ln questlon. A reclpient government may not deny an enploynent opportunlty to a qualifled handlcapped "npioye. o.appllcant lf the basis for the denlal is the need to nake reaslnable- ,""o*oo-datlon to the physlcal or Eental llmltatlons of the euployee or appllcant. Itls posslbre that certaln of our facilltlea could prove detrlmentai to theemployaent of a qualtfied handlcapped indlvidual. However, as stated, eachsituatlon must be revlewed on a case-by-case basrs and proper declsrons made atthat t lEe. (3) A.?he slze of Vll1age operatlons, nunber of employees, and slze of budget conpared to lnpact of request The type, composltlon, and structure of the speclfic progran or actlvlty and the structure of the work force requlred Nature and cost of accormodatlon needed Factlitles The Vlllage ls requlred to operate each progran or activity ln lts exletlng facilitles so that the progran, vhen vleved ln 1ts enttrety, ls readlly acces- slble to and usable by handlcapped lndlvlduals. Reclplent governnents are not necessarlly required to Dake eaeh exlstlng faclllty or every part of an exlsting fac11lty accessible and usable by handlcapped lndivldua1s. If structural changes are requlred under the regulatlons, they must be made by October 17, 1986. Compllance 1. for progran aceeeslbillty ln exlsting flxtures can take place by: The redeslgn or alternate use of certain types of equ{pnent for comunlcatlon purpose6 Provldlng services or prograns at alternate sltes Alteratlon of exlstlng facllltles or construction of new facllltles, However, structural changes or ne!, construction ls not required rrhen other nethods of conformance rrlth the lntent of the regulatlon can be made. Case-by-case revlew ls agaln necessary and flnal accessiblllty nu6t be totally non-dlscrlmlnatory other general Datters relatlve to structures are as follows: If Non-structural changes are rrarranted, they must be made by October 17, 1984 to colnclde wlth thts self-evaluatlon Structural changes and alteratlons nust be rnade by oetober 17, 19861f necessary If structural changes are necessary, a formal transltion plan nust be developed by October 17, 1984 that sets forth the steps necessary to complete ldentifled changes requlred ln the regulations. The trarsltion plan nust describe obstacles ldentlfied ln facl11t1es, descrlbe irhat neasures w111 be taken to renove same, speclfy a ttme schedule to achleve full progran accesslblllty, and lndtcate person responstble to lnplenent the transltlon plan Any new constructlon flnanced ln whole or ln part wlth entltlenent funds on or after January l, 1977 sha11 be accompllshed so as to bereadlly accesslble to and usable by handlcapped tndlvlduals Alterations to exlstlng facllltles owned by the reclplent goverfloent funded wlth entitlement funds and comrenced on or after January l, 1977 sha11, to the naxlmun extent feas1b1e, be deslgned andconstructed to be readlly accesslble to and usable by handieappedlndivlduals The provislons of Sectlon 5f.55 (k) do not apply to buildings orconstructlon projects, including those funded wtth revenue iharingfunds, comenced prlor to January l, 1977, unless lt is deterninedprograms or actlvltiea funded 1n whole or ln part lrlth revenuesharlng funds are conducted wlthln or nake usl of such facllities.In that case, the facilitles must be readlly accessible to and usableby handlcapped lndivlduals 2 3 I 2 3 5 6 (4) In evaluatlng the Vlllage's faclllties ln relatton to this Section, the follow- lng coD ents can be nade relatlve to conpliance: Compllance does not requlre retrofittlng of all of our publlc faclIltles. Structural changes are neceasary only after all other means of maklng prograos accesslble have been pursued, Our current facl1ltles, other than those of the Buildlng & Zonlng and Englneerlng Departments ln the Pub11c Servlce Center and Councll Chanbers ln the Munlcipal Ha11 are readlly accesslble, Upon reasonable notlce, other means of naklng these facllitles accesslble can be oade. Servlces or prograoa can be shlfted on a teEporary basls. Handlcapped indivlduals can be physlcally noved lnto the Councll Chambers lf requlred, There has been one case of thls taklng place since the January l, 1977 cutoff date (physlcal uovement). 0n1y trro facllltles have been constructed by the Vl11age slnce January 1, 1977. The Youth Center and Busch Road Ftre Statlon # 6. The Youth Center was constructed rrlth Corporate Fund fundlng but 1s ln compllance as to accesslblllty. The Busch Road Flre Statlon \ras constructed ln part wlth revenue sharlng funds and ls 1n cornpllance rrlth all accesstblllty standards The only facilltles alteratlons slnce January l, 1977 of Eajor consequence Lrere the Munlclpal Bulldlng and Publlc Servlce Center remodelings that Lrere undertaken ln FY 1978-1979 ulth Loan proceeds, the debt servlce on whlch was retlred wlth property tax proceeds and lnterest earnlngs. There were no revenue sharlng funds utlllzed ln the repa1reent of these loans. The project, however, dld improveln several aspects, the accesslbtllty to the Vlllage HalI, Admlnlstrattve Publlc Servlce Center, and Poltce DepartDentfaclllttes 1 2 3 The general conclusion ls that the rrlth the regulatlons as stated for within those facllltles, If there dellvery modlflcation, the Vlllage lndlvlduals on request, It would also be necessary to requlre future nunlcipal bullding constructlon and modlflcatlon work to provlde for reasonable access for the handlcapped. !1111 be lEportant that any requests for proposals and deslgn contracts forarchltectural and deslgn work note these reguratory requlrenenta. Any plansnuat receive code compllance revlew to assure the proper handicapped accessprovlslons. Grlevance Procedure The Vlllage, as a reciplent governnent, ls required to adopt a grlevaoce proce_dure that lncorporate' appropriate due process standards ,na ttlt provld"s forthe pronpt and equltable resolutlon of complaints arleglng any action piohrbltedby the regulatlons. The-vllrage has adopted said grleianl" phi"y-iii"l ls con-tained llr the Personnel Rules. II (s) approprlate Vl11age facilltles do comply the programs or actlvlties to be deltvered has been some need for servlce or actlvlty has been able to provlde saxoe to handlcapped Handicapped Alds,Beneftts, and Services The Village as a reelplent of general revenue sherlng funds shal1 take appro-priate step6 to lnsure that comunicatlons rrlth appllcants, employees, benefl- clarles, and the general publlc are avallable to persons rrith inpalred vlslon or hearlng through rDeans such as brallled or taped materlal, tele-comunlcat lon devices, televlsed lnformatlon, quallfled slgn language lnterpretera, or other approprlate ned1a. The dellvery of lnformatlon uust aLso lnsure that all publlc hearlngs requlred by the regulations are accesslble, lncluding the notlces of the hearings. The qualifled handicapped indlvtdual must be allowed an equal opportunlty in the end to obtaln the same result, to galn the sane benefit, or to reach the sane level of achlevement as that provlded to others, A reclplent government such as the Vl11age shall upon reasonable notlce and in consultatlon rrlth such lndlvldual, provide auxlltary alds to lndlvlduals wlth lmpalred sensory, nanual or speaklng skl1ls, where necessary to prevent a quallfled handlcapped lndivldual from belng denled the benefits of, excluded from partlclpatlon ln, or subjected to dlscrlnlnation under any progran or actlvlty. Such auxl1lary alds may lnclude brallled or typed materlal, the provlslon of qua1lf1ed stgn language interpreters, the provlslon of tele- comunlcatton devLces, captloned fl1ms, vldeo tapes, televls{on lnformatlon or other med la. In evaluating the Vl11agers abillty to provide such alds, benefits, or servlces, the follorrlng has been deterDtned to exlst: 1 The Vlllage has access to vldeo tape materlal and equipment that can be used to relay lnfonnatlon ln certaln cases The V1llage also can rork In cooperatlon Lrlth the 1ocal cable televlsion franchisee to produce and prepare nedia presentatlons or electronlc notlces that can be broadcast on preolses or vla the cable televislon network The Vlllage u111 attempt to secure, wtth proper notlce, any alds, benefits, or servlces for the handlcapped to a1low for partlclpatlon.It must be noted that auxlllary alds must be provlded only at the request of the handicapped lndlvldual. There must be cooperation to determine the nost appropriate aid(s) to be used. General Prohibltlons 2 3 rn additlon the the above polnts relatlve to thls self-evaluat lon, lt has beendeternlned that the Vl11age of Buffalo Grove does not knolrlngly: l. Ald or perpetrate dtscrlmlnation agalnst a quallfled handlcappedlndlvldual by fundlng an ageocy, organlzatlon, or person thaidlscrlmlnates on the basls of handlcap 1n provldtng any a1d,beneflt, or servlce to beneflclarles of thi p.og."i or- activlty2. Through dlrect, contractual or other ,.r.ng"r.nl", utillze crlteriaor uerhods of adnlnlstration that subject qualifled handlcappedlndlvlduals to dlscrrnrnatlon on the lasls of thelr tra"aicai'- (6) Deviate or substantlally lmpair acconpllshment of the objectlves of the Vlllagets programs or services rrith respect to handlcapped indlvlduals Fall to adopt and lnplement procedures that v111 servlce to notlfy lnterested lndivlduals, lncludlng 1nd1vlduals wlth lnpalred vislon or hearlng that they can obtain infornatlon as to the exlstence and locatlon of partlcular servlces, actlvltles, and facllltles that are aceesslble to and usable by handlcapped indivlduals Concluslon: Based on a revie!, of servlces and programs, lt has been deternlned that the Vlllage does not dlscrluinate agalnst the handlcapped ln the provlslons of servlces or actlvlties nornally expected to be conducted by the nunicipal governnent as dlrected through general pollcy and governed wlthln the con- stralnts of the nunlctpal flscal budget. Federal revenue sharlng entltlements have been conslstently used to provlded for capltal constructlon or equlpDent that beneflts the entlre coumunlty through lmproved facllltles for the resldents or to abate property taxes extended agalnst all propertv owners. The only weakness generally ldentifled concerns notlficatlons requlred by the regulatlons and all efforts wlll be made ln the future to provlde for wtder dlsseolnatlon of notlces and press releaaes on revenue sharlng matters. tJhlle the notlce crlteria requlrements have been ldentified for lmprovenent, the Vlllage w111 nodlfy any pollcies and practlces that may be ldentlfled ln the future ln order to eliElnate the effects of any discrlnlnatlon that nay have resulted fron the existence and adherence to those pollcies and practlces. Flnally, lt has been deternlned fron the analysls of the regulatlons that retroflttlng of munlcipal facilltles will not be requlred. However, allefforts w111 be made to lnsure that programs or actlvltlea that w111 and nay be held frorr tlme to tloe 1n those facilltles n111 be accesstble to the handlcapped through neans other than capltal retrofit on a case-by-caae basls. The Vl11age shall for at Least three years followlng the acceptance of thls self-evaluatlon naintaln on file, nake aval1ab1e for publlc lnspectlon, and provlde to the Dtrector of the 0fflce of Revenue Sharlng upon request thls self-evaluat lon. Also, lf any lndlvlduals or organlzations ever become con- sulted on matters relatlve to the handlcapped, such records shal1 also be oaintalned for the saoe perlod. 3 4 (7) PUBLIC NOTICE REVENUE SHARING I{AMICAPPED REGULATIONS Thls notlce ls publlshed pursuant to the requirenents of Sectlon 51,55 of the Revenue Sharlng Regulatlons, as published 1n the Federal Reglster on october I7, r98 3. Sectlon 51.55 prohibits dlscrinlnatlon against quallfled lodivlduals because of thelr handlcapped status. The V1llage of Buffalo Grove, Cook and Lake Countles, Illinois advlses thepubllc, employees and Job applicauts that it does not dlscrlnlnate on the baslsof handlcapped status 1n adnlsslon or accessto, or treatment or euployment iu,its programs and actlvitles. The V1l1age of Buffalo Grove has designated the following lndlvldual as the contact to coordlnate efforts to conply rrith thls requlrenent. Inqulres should be directed to: Wl1llan H. Brino Dlrector of Flnance and General Services 50 Raupp Boulevard 459-2500 Dally 8:30 A.U,- 4:30 P.U. EXtiIBIT.'A'I