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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 11/07/2001 P ' MINUTES - QUORUM MEETING COMMITTEE FOR PERSONS WITH DISABILITIES November 7, 2001 Commissioners - Present Commissioners -Absent Chairperson: Ms. Crystal Lyons Ms. Frances Garza Ms. Sandra Cabazos Ms. Toni Padilla Mr. Roberto M. Flores Ms. Mary J. Saenz Mr. Eloy Soza Ms. Linda Fallwell-Stover Mr. Glen Ray Torno CITY STAFF: (ADMINISTRATIVE SUPPORT) Building Official: Park & Recreation Director: Mr. Art Sosa Mr. Tony Cisneros Human Relations Administrator: Legal Advisor: Mr. L. David Ramos, Interim Director Mr. Joseph Harney - absent Human Relations Management Assistant: Ms. June Shultz ATTENDANCE — Roll Call — Absences: Frances Garza, Toni Padilla (advance notice provided), and Joseph Harney. Audience: Judy Telge APPROVAL OF THE MINUTES: Minutes of October 1, 2001 were reviewed. Motion to approve minutes made by Eloy Soza (with correction of spelling of Art Sosa's name), and seconded by Sandra Cavazos. Vote taken and the minutes were approved. SCANNED PUBLIC COMMENTS/PRESENTATIONS: Art Sosa — in preparation for the Council presentation, he prepared a memorandum to the City Manager reviewing the proposal, which was signed off on by the City Manager and Budget Director. Mr. Sosa indicated he is trying to accelerate it, so they can get started on it. The City Manager is supportive of the work of this Committee. Ms. Lyons asked a question — If someone says an item is $50,000, but it is actually $75,000 — $100,000, what do you do? Mr. Sosa said that they (the City Department) asks for a contract and it has cost factors and expenses, but they can additionally "challenge" a project quote. This is not common, but it has been done. In research on this project — they recently ran a query for a six (6) months period, and they discovered only eleven (11) projects ran over the projected $50,000. Ms. Lyons expressed a concern that entities might try stating lower figures than actual ones to get around the process. How do you plan to proactively address that? Mr. Sosa indicated that applicants will have to have a "Plan Review". Ms. Fallwell-Stover asked if they would check if the scope of work is consistent with the dollar amount? Additionally, she indicated she personally knew of a building that did renovations over $50,000, but it is still not accessible. Mr. Sosa indicated that was before SB484. We're trying to set steps into place now and they will be caught. Ms. Lyons indicated anyone could file a complaint with TDLR. Mr. Sosa mentioned that Central Power and Light doesn't have a requirement to tell or pull permits. We're (the City) is complaint driven. Ms. Lyons discussed that you can file a TDLR complaint. Additionally, you have the choice to discuss the matter with the Owner, etc. However, you don't have to. Mr. Sosa indicated the City has an investigative complaint form (regarding TAS standards). Ms. Lyons indicated it would be good to accelerate the revision process. She asked when it would be on the City Council Agenda? Mr. Sosa indicated it would possibly be by the end of the year. It is not a difficult change (the revision of the Ordinance), but what may take a while will be discussion on change of the Building Codes. Ms. Lyons discussed that Mr. Ramos gave a presentation to the City Council regarding the ADA Transition Plan. There has been a lot of feedback from the presentation. 2 COMMITTEE REPORTS: Policy Development Sub-Committee Report: Report given by Ray Torno. (He distributed handouts.) Toni Padilla and he met regarding possible development of a policy on the composition of the Committee. After discussion, it was determined that with the review of the Ordinance forming the Committee, they did not feel comfortable establishing any change to the Ordinance on the issue of composition. As it is, it is very broad and general. Mr. Torno then reviewed the handout information, which provided an overview of the meeting. Ms. Fallwell-Stover indicated that it is important that we have a mix on the Committee. We might want to look at some other mechanism on how to do it. Mr. Cisneros indicated that we might want to try to stay away from recommending persons. But you can refer friends or strong candidates to apply or speak with the Mayor and Council Members about them. If looking for a good recommendation, consider drafting of information for a nominating process. Ms. Fallwell-Stover asked if the Committee would be privy to discussion or names? Mr. Cisneros indicated we would have to talk with the City Secretary. They have a running calendar on appointments and are responsible for preparation of Council Packet information. Could try to get information to Chair prior to selection. Ms. Lyons indicated that we go to Rebecca Buena and let her know information that may help in the decision making process, i.e.: demographic information. Rebecca calls interested persons and provides applications. It's the Committee's job to inform potential applicants of the opportunities. Ms. Fallwell-Stover indicated she wants to ensure that the Committee stays proactive. Mr. Cisneros indicated the Committee should be proactive in recruitment within the community. Ms. Fallwell-Stover indicated that interested applicants could be placed on the appointment calendar for consideration. Mr. Cisneros indicated various reasons vacancies could arise, so placement on calendar expressing in interest would be appropriate. Vacancies could arise due to end of term, lack of interest for reappointment, unforeseen conflicts arise preventing completion of term, etc. Ms. Fallwell- Stover suggested that Committee Members recruit likely applicants and refer them to the City Secretary's Office. Mr. Sosa also suggested that Mr. Ramos could have Ted Nelson do a PSA for recruitment for the Committee. Ms. Lyons indicated that it would be a good ideal to recruit at least once a year for all Boards and Commissions. Ms. Lyons indicated that good work was done at the meeting. The Committee will just have to be proactive. 3 Mr. Tomo gave a second report on the issue of Community Relations — he distributed a handout and reviewed the information with the Committee. Committee Members need to be proactive in the Community and share/fulfill the goals and objectives of the Committee. If a group approaches us, we will have to evaluate the request through a process, like an endorsement policy. We must be careful about statements or positions. However, we do need to work with other organizations. Ms. Lyons provided some standard definitions for the Sub-Committee to review. They are still working on this issue. Ms. Cabazos mentioned a request by the Texas Long Term Care Coalition. She had a question about if the Committee needed authorization for the Committee to appear as a Sponsor. Do we have to have approval by the Committee and Legal Department? Ms. Lyons asked the Committee what they wanted to do about this issue? Mr. Soza made a Motion to table the item for discussion at the next meeting. The motion was seconded and the vote resulted in the item being tabled for the next Agenda. Mr. Tomo asked members to call him or Toni. Outreach Sub-Committee Report: Ms. Cabazos met with Mr. Ramos. They discussed development of a PSA with Ted Nelson. Education Sub-Committee Report: In meeting with Mr. Ramos, discussion about prioritizing Department to do "People First" presentations, which Departments to target, as the Committee discussed. She has a demo for RSA for the Radio — issue: if we can use it or not. They haven't been able to reach What-A-Burger regarding advertisements, to donate a billboard or bus stop. She'll need to get back with them and send a follow-up letter. Ms. Lyons asked for suggestions from the Committee on possibly the top three (3) Departments to provide the "People First" presentations. Ms. Cabazos indicated that we could start with that. Ms. Lyons asked what top three (3) departments have the most public contact? Departments put forward were: Airport, Housing and Community Development, Park and Recreation, Police Department, Public Utilities, and Municipal Court. It was mentioned that the Police Department and Municipal Court are in the same building. Ms. Lyons suggested that possibly Susan Cable or Ted Nelson could lend their expertise. Discussion followed and it was determined that the first three (3) Departments to receive the presentations would be: I) Airport; 2) divided into a first and second session — Municipal Court (first) / Police Department (second); and 3) Park and Recreation. 4 A public presentation was provided by Twinkle Morgan. She provided a handout on SB 1196 and a survey. The information was on a legislative update for students with disabilities, regarding discipline and how to handle the issue. She reviewed the handout. Beginning this month — November 30th and continuing there will be training provided to teachers. Next year there will be a clearer outline. Attendance of the training is not mandatory. Training will be provided through the Service Center or through In-Service Training for the teachers. Ms. Fallwell-Stover asked if there was positive behavior support for Schools to be required to have a policy within a set period of time? Ms. Morgan indicated that for now, the information is just advisory and for informational purposes. Ms. Lyons discussed that in July 2000, correspondence was sent out to all Superintendents and Principals nationwide, that requires Districts and Campuses to have "Non-Harassment" and "Non-Discrimination of Students with Special Needs" policies in place. ADMINIS I RATOR'S REPORT: Mr. Ramos announced he was the new Director and he has hired one Compliance Officer (Lisa Lara), who started Monday. Another Compliance Officer position is being evaluated for reclassification to hire an individual who will be his Assistant in a Managerial position. That person will be assisting him with ADA issues and other Administrative assignments, such as the ADA Transition Plan. Mr. Ramos discussed the Transition Plan Project. All Departments have been notified and are in the process of doing their "Self Evaluation" Forms. He has set up three (3) meetings to provide technical assistance. Those locations are: 1) Convention Center; 2) Police Department; and 3) Municipal Court. He will be pushing for the return of the completed forms. Mr. Sosa is involved with the assessment of the new building—the Frost Building. Mr. Ramos gave a report on enforcement — he reviewed Human Relations Office monthly statistics. Regarding ADA issues, the majority were related to accommodation requests regarding the new trash containers for Solid Waste Services. Mr. Ramos briefly reviewed various ADA cases received — in Employment, Housing, Public Accommodation. Follow-up on a prior ADA case referred to Department of Justice. Mr. Ramos assisted the Charging Party with the necessary paperwork to refer it to DOJ. The Department is averaging about forty (40) ADA calls a month. He had ten s (10) technical assistance calls. Ms. Lyons said that in response to Mr. Ramos' presentation on the ADA Transition Plan, Council Member Henry Garrett suggested that during the next public forum that it would be a good idea to present the presentation again — or more than one time. Possibly do at least two — one in the daytime and one at night. Need to start planning this for around January. Discussion with Ms. Fallwell-Stover about a recent meeting RTA held. She could provide some information that might be helpful, advertising, etc. Mr. Ramos met with Ted Nelson today — but he is booked for November and December, so he has scheduled a time in January. He wants to cover all aspects of Human Relations in the information. Ms. Cabazos asked that they emphasize "People First" language. Discussion about meeting with Susan Cable on "People First" language issue. OLD BUSINESS: Resolution — Resolution regarding Building Code Ordinance Revision. It is present for final signatures, less Ms. Garza's signature. Follow-up with that. "People First" Language — Code of Ordinances Revision. Need to see who is interested in working on this project. Need two or three people willing to work on it, to develop recommendations for changes. Between now and January many of us are busy. Discussion on tabling this until after the first of the Year. Mr. Sosa also suggested getting Legal involved in the process. They can do a search. Suggestion: Step 1 — that Mr. Ramos notify Mr. Harney that he has been requested to pull the areas that would be impacted. Non-Discrimination Ordinance —tabled. NEW BUSINESS: a. Formation of a new Ad Hoc Committee — Website Issues • Recruitment from outside area (i.e.: ACI) to provide assistance and input. • Ms. Cable gave information about some accommodations on adobe software. • Ms. Cable will give an update later—between now and the next meeting. 6 b. Attendance Policy— Exceeding Allowed Member Absences. • A member has exceeded the allowable number of absences —Frances Garza. There was discussion that Ms. Garza has recently changed employment and is now working in a new position with TDOT —Public Information Director. There was further discussion regarding the Orientation Materials for Boards and Commissions, which outline the requirements. Following the discussion a Motion was made by Ms. Lyons that: 1) the member be removed from the Committee based on the attendance requirements; 2) that she would be notified in writing by a letter generated from the Human Relations Director; and 3) the City Secretary's Office would be notified and that a request for appointment be made for the vacancy. The Motion was seconded by Mr. Soza. A vote was taken and the motion passed. Mr. Ramos will proceed with generation of the letter. Committee Concerns/Items for Next Agenda: • Concern: Ms. Lyons requested that CBAY provide the Committee with an update and presentation on the work they're involved with. • Concern: Mr. Soza was interested in the recruitment process of possibly getting a representative with an interest or involvement with the sight impaired. Ms. Lyons asked Committee Members to speak with any potentially interested persons and inform them where to get applications. Mr. Sosa suggested also contacting the Nueces County Chapter of Texas Professional Engineers — because the Committee might want to have an Engineer on the Committee. Crystal provided the results of the survey that she had distributed for input by Committee Members. The number one priority was accessibility to places of public accommodations (7 rated the highest). The second priority was Title II Compliance — recreational activities and employment (5 rated the highest). The third priority was communications access, education and housing (4 rated the highest). Ms. Telge came before the Committee again with a request, but the item was on the Agenda as an actionable item. She is submitting a letter for funding to the Department of Education. Until the Access Center is accessible, we can't have a funded accessibility initiative. She is applying for a three year 7 grant, which would enable them to provide technical assistance, self- assessments, staff/consulting, customer service and technology capacity. Ms. Lyons indicated that although the Committee couldn't act upon the request, that individuals could provide individual letters of support as a citizen, parent, etc. Ms. Telge asked if anyone was able to provide a letter, she would be sending the packet out on Saturday. There was discussion that the Resource Guide would be coming out this month. Ms. Lyons mentioned the Open House on Monday, November 12th for the Texas Commission For The Blind, at 410 S. Padre Island Dr., Suite 103, 9:30 a.m. — 11:30 a.m. Ms. Lyons also mentioned a press release from the Governor's Committee for Persons with Disabilities that was in the paper about some stickers, which can be ordered on their website. Items previously raised in the minutes: • Follow-up with Ms. Teniente on CDBG funded projects. • TDD Equipment update • Ad Hoc Committee Reports • Form Ad Hoc Committee for Website Issues and community needs, development of written plan, policies and proposed timeline. (Inclusive of Committee and community members) • Sub-Committee Reports • Composition of Committee/Recruitment issue. • Community Relationships — Requests and/or endorsements (Legal input). • Outreach — "People First" • Presentations to City Departments (Schedule) • Advertisements • "People First" Language — Ordinance Revision and Legal Department Research • "Non-Discrimination" Ordinance —tabled. • Ted Nelson —PSA Project. • Susan Cable/Ted Nelson — Public Forum re: ADA Transition Plan (Planning Phase). • Follow-up on Attendance Notification Letter. 8 Adjournment Ms. Lyons made a motion to adjourn, which was seconded by Ms. Cabazos. A vote was taken and passed. The meeting adjourned at approximately 5:35 p.m. &Z //7� 9r'G6 /Q/as/c/ Crys l Lyons, C airperson Date Minutes Approved 9