Loading...
HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 06/05/2002 (Corrected) MINUTES - QUORUM MEETING COMMITTEE FOR PERSONS WITH DISABILITIES June 5, 2002 Committee Members - Present Committee Members - Absent Vice Chair: Mr. Roberto M. Flores Chairperson: Ms. Crystal Lyons Ms. Linda Fallwell-Stover Ms. Sandra Cabazos Ms. Toni Padilla Ms. Mary J. Saenz Billy R. Sayles Mr. Eloy Soza Mr. Glen Ray Torno CITY STAFF: (ADMINISTRATIVE SUPPORT) Building Official: Acting Park & Recreation Director: Mr. Art Sosa Mr. Dan Whitworth Human Relations Administrator: Legal Advisor: Mr. L. David Ramos, Director Mr. Joseph Harney Human Relations Management Assistant: Ms. June Shultz ATTENDANCE — Roll Call — Absences: Chair Crystal Lyons. Vice Chair Flores and Ms. Saenz came in late. Ms. Fallwell-Stover oversaw the meeting, until Mr. Flores arrived. INTRODUCTIONS: Dan Whitworth, 18 years with Park & Recreation, MC, with Tony Cisneros departure from the City. Other City staff present, Hector Vallejo, AIC Director of Housing and Community Development and Andy Quittner of the Legal Department. SCANNED Revised 7-15-02 1 APPROVAL OF THE MINUTES: Minutes of May 1, 2002 were reviewed. Motion to approve minutes as corrected made by Eloy Soza, and seconded by Billy Sayles. Vote taken and the minutes were approved. PUBLIC COMMENTS/PRESENTATIONS: None at this time. CHAIR'S REPORT: None. COMMITTEE REPORTS: Education and Outreach Sub-Committee Report: Outreach — PSA Video. No meeting. David Ramos and Wanese Butler met with the City Manager and Cheryl Soward. Looked at video. They are working to correct inappropriate language. Ms. Padilla to attend meeting re: close caption. Can't be done through Quadrant, who taped it. Ms. Fallwell- Stover can look at who did their close captioning. They showed Cheryl what needed to be changed. Ms. Fallwell-Stover asked about editing. Mr. Ramos said once cleaned up, they can go back and look at the content. Ms. Fallwell-Stover asked if they could possibly cut or voice over. She indicated that there were a lot of other issues. Mr. Ramos indicated possibly could get back to view the whole video. Ms. Fallwell-Stover indicated that she has the notes she took upon viewing the video, in her computer, and they include Ms. Padilla's concerns as well. Best way to do it is to meet, and go into cross disability issues. Primarily, the concerns noted on the video, was that it did not capture the intent of the Focus Group. The video content should incorporate the elements as outlined in the Focus Group's recommendations from earlier meetings. The parking issue is not the main focus of the video. We need to tie the information back to the Focus Group's recommendations. Legislative Updates Sub-Committee: Notes distributed. The committee is looking at adopting a Non-Discrimination Ordinance. There was a review of the handout. Exploring support of City Staff to enforce the ordinance and strategies to get ordinance implemented. Talked a lot about community awareness and education. There is a need to educate the whole community. Mr. Soza mentioned the possibility of a Luncheon on anniversary of ADA. Revised 7-15-02 2 They would like to do something like past events. Include the disabled community and politicians. Mr. Ramos has been in touch with Pat Pound, Executive Director for Governor's Committee for People with Disabilities. They're interested in how we proceeded with the identification of how the word "handicap" would be stricken from our Code of Ordinances, programs, services and legal references, etc. She cautioned us on changing the Ordinance's verbiage because of the legalities associated with the word "handicap" as referenced in federal and state laws. Mr. Harney and Mr. Ramos had a meeting and will have a follow-up meeting with the City Manager to discuss the proposed changes. We need to make sure it doesn't interfere with State and Federal laws. Be careful at changing words, as it must be in accordance with the laws. There was discussion that the Housing Ordinance may be able to reference wording like: disability (handicapped). Ms. Padilla indicated but that is different from the issue of the ordinance. Ms. Fallwell-Stover indicated we needed to focus on the concept of the ordinance. We want the community behind it, if the community is behind it, then the City Council will be behind it. Opportunity in July will be to build on Public Meetings, increased awareness and education, and establishing a time line. Mr. Ramos indicated that we can have a continuation of public meetings, while developing this — a public process. We need to get other players, agencies that service this population to assist with involvement. Ms. Fallwell-Stover added that the committee wants to set up a meeting with the Caller Times Editorial Section for a series of articles. This would help with education across the community. The Luncheon would be an opportunity for the Mayor to come and talk about the proposed $1.00 fee for Utilities for ADA accommodations/modifications for disabled community. Human Relations could possibly find funding for it. Each of us need to look at it. Mr. Soza mentioned that there was a correction to the notes. The day of the meeting was May 31s`. Ms. Padilla mentioned if possible to avoid the 23rd — 26th if possible. As there will be a Comm. Meeting on the 23`d in town. If on the 22"d, however, the attendees could possibly come in one day early to attend. Steering Sub-Committee: No report at this time. OLD BUSINESS: a. Questions on reallocation of CDBG funds— Mr. Vallejo, Acting Director of HCD discussed CDBG, Home Program, and ESG — Emergency Shelter Program. CDBG has flexibility. The City is going through the Revised 7-I5-0 3 process now. RFP was put out to the community and City Departments. They take the responses, analyze it, make recommendations and take it to the Planning Commission. They then decide on their recommendations and take it to the City Council. Proposals are presented to the City Council; the Council determines how the monies are spent. That's how the final projects are funded. Staff has to look at previous projects and the status of them. Some cancel, some over estimate, what funds are left is added to current year's monies for funding. There is a separate line item. There are time limitations on some. Some cross over years on large projects. The City is required by HUD to use these funds. A computer system keeps track of funds used. A report is issued on May 31s`. The City can't have over $1.5 million or they are warned to reduce. If problems arise, they may reallocate funds and address the project with the problems at a later date. There is a lot of up front work to stay on top of it. Ms. Fallwell-Stover asked when reprogramming funds, are they guaranteed getting funds or must they reapply? Mr. Vallejo indicated that there are no guarantees. But most are overages. They have just received their notification that the City is at $1.2 million. Mr. Tomo indicated that he attended a recent meeting. The City Council has their own criteria for evaluation as well; it is not just HUD's. Future years will see a decrease in emphasis on ADA. Mr. Vallejo indicated that he thinks this came up in the Planning Commission— that it(funds) should be more for Housing services to low and very low population. They passed a resolution that the CDBG funds not be used for ADA, that ADA related items should be funded from the General Fund. Ms. Fallwell-Stover expressed a concern that there were insufficient funds to address ADA issues. Mr. Whitworth mentioned that also there are so many agencies requesting funding and the things they are facing. Ms. Fallwell-Stover indicated that there must be some way to funding for ADA. Mr. Whitworth indicated that the City Council did not choose to accept the Planning Commission's resolution. Ms. Padilla mentioned that the Budget Process and Council Meetings reviewing the proposed budget would be a good time to remind them of ADA funding issues. Mr. Vallejo indicated that there is a decline in affordable housing, which impacts low and very low income families. CDBG came about in 1976 to address it. Infrastructure issues also — flexible to help this. 51% of the funds went to Housing, demolition, reconstruction and relocation. The Home Program started in 1990, but is strictly housing. ESG — is for agencies that help provide shelter and Revised 7-15-02 4 services. Mr. Sayles commented that he has been noticing things and is encouraged by the efforts being made. b. City's and Citizen's Complaint Process: The City Manager, Assistant City Manager, and Legal Department are in the process of reviewing the procedure and forms. It will be reviewed by CFPWD before going to the City Manager for implementation as a policy. Background of prior policy history was discussed. There was a suggestion to look through it, read it, then summit any comments. Ms. Fallwell-Stover had some concerns on page two, where it discussed submitting a complaint in writing. She expressed a concern for persons with disabilities, literacy issues, taking the process one step further if needed. Mr. Ramey indicated that they can add language that someone can assist them, whether a person has a disability or not. Mr. Ramos asked the Committee if they were comfortable with the sixty (60) day time frame for the Complaint. Committee responded yes. There was discussion of the fifteen (15) day response time for accommodation requests. Mr. Whitworth commented regarding the Request for Accommodation Form, it would be good for an area for suggestion for type of solution or how to deal with it, to help fast track the request. Mr. Ramos indicated that was a good point. Discussion if it should be reflected in the policy? Mr. Whitworth suggested just showing it on the form. Ms. Fallwell-Stover asked if they could add something about if they can consider the feasibility before meeting with them. Also it was suggested to include the language — Human Relations Director or designee. We need to consider the volume of citizen complaints and/or accommodation requests that may come in. Ms. Padilla to reiterate stated to add, "or designee" and on the form to place a space for a possible solution/remedy. Mr. Ramos and Ms. Fallwell-Stover discussed review of some language that RTA has used in the past. Mr. Ramos indicated that he would allow absent members to review this information as well. Ms. Fallwell-Stover asked what the next step would be. Mr. Ramos indicated that he would take it to the City Manager and he will review it, assign a policy number, sign and issue the formal policy for implementation. Ms. Fallwell-Stover asked if the Committee could see the final version prior to the formal release? Mr. Ramos indicated that he would e-mail the information with any changes before implementation. Revised 7-15-02 5 c. Park and Recreation — written legal opinion and related questions: Mr. Whitworth verbally reviewed requested statistics and indicated that he would have the information on the Legal Opinion at next month's meeting. There was discussion and a concern was expressed on overall documentation for Latchkey, and discussion of problems related to medication and toilet issues. Mr. Harney referenced CFR language — he read aloud, related information (he will get Committee copies) to the Committee. Mr. Whitworth distributed handout information on the statistics. He verbally reviewed the information with the Committee. There was discussion about examples of situations encountered — ADHD persons who need medications, it was responded with a disapproval, but went back to the school level. Through the School Nurse, the medication could be dispensed and the child then could be in the program. Discussion about the Review Committee, which is comprised of — the ADA Coordinator, a Legal Representative, Director or Designee, who would then look at the request, make a determination if it is doable, if denied, then try to give an alternate option. Some are standard accommodations, but if it is a unique request, then they need to get the committee together. Ms. Fallwell-Stover asked about the statistics — she would like a breakout. Mr. Whitworth indicated he doesn't know if he can, as some may not be submitting forms. Ms. Padilla indicated that was raised last month. Many people may being accommodated without documentation being maintained. Ms. Fallwell- Stover indicated that she would like to hope that's the case, but is concerned that many persons may just not be attending. (Ms. Fallwell-Stover left. Vice Chair Flores presided over the remainder of the meeting.) d. Joining Hands - CBAY Project (follow-up): Mr. Whitworth indicated the event went on — it was well attended. (Ms. Padilla attended.) Ms. Linda Hodge reported that common consensus was that it was well attended, very good and the attendees received new information. e. Diversity Training / Transition Plan: Mr. Ramos provided an update report. The project is well underway. A calendar of the training schedule to date is attached to the end of the administrative report. Members are welcome to attend and/or participate. The information is being well received by employees. Combined People First and Diversity Training of other classes (race, age, etc.). Mr. Flores asked about the Revised 7.15.02 6 next training. Mr. Ramos indicated tomorrow. Also Mr. Ramos explained about the up-coming TWC training re: referrals from TWC to Human Relations. Ms. Shultz is working on a tentative schedule for July. I Mr. Ramos provided a handout on the Transition Plan process. The City is revisiting the self-evaluation. Mr. Ramos recapped Chronological steps since last June/July. Phase I is done. Mr. Ramos directed CFPWD to matrix — and indicated that Phase II is in process and will include two new departments (E-Government and Public Information Office). As the City changes, the document will incorporate the new changes. The City now has TDD device and it will be made public. Working with Area Council For The Deaf on sensitivity training. Two departments at City Hall (Human Relations and UBO) will work with Ms. Padilla on communicating and implementing training for community. Discussion continued on handout. Information received from departments through Assessment sheets. Mr. Ramos has some things that have been identified that can be done now, without any or little cost. They will be done now, no waiting. Some programs will be handled through sensitivity training (he is working with Ron Sparks, Texas Commission For The Blind and Toni Padilla, Area Council For The Deaf). The self- evaluation documentation is being maintained in Human Relations in ten (10) binders. Some other efforts — Departmental Committees, i.e.: Park and Recreation has a committee that reviews citizen requests. Committee comprised of Park and Recreation, Legal and Human Relations representatives. The Transition Plan will include new departments, facilities, i.e.: Frost Bank Building for Fire, Emergency Management and Developmental Services. E-Government Department will be addressing accessibility of internet/intranet. Aviation renovation plans under review. Should be accessible. We'll inspect and review inspection findings. Mr. Ramos will provide status report. Mr. Flores raised a question about the Airport using golf carts for accessibility. Mr. Ramos indicated that due to the 9-11 incident, parking areas were moved 300 ft. back. Concerns of integration, i.e.: cart would not accommodation a person utilizing a wheelchair. Mr. Flores raised a question on obtaining a more suitable cart — needed sooner or later, i.e.: consider distance as much as possible now, vs. later. Mr. Ramos will check on the possibility of revisiting the issue of an accessible cart. Mr. Quittner mentioned the Airport renovation is in process of accommodating FAA upcoming regulations and in hand with Revised 7-15-02 7 accommodations for persons with disabilities. Discussion continued. Mr. Flores asked if there was a mechanism in place to communicate a problem? Mr. Ramos indicated it will be taken in consideration and will incorporate such as, input responses from the public meetings. Mr. Ramos indicated he is going to present approximately sixty (60) pages of information on self-evaluation to City Council in July 2002, before adoption of the Budget, after working with Core Group. Mr. Flores stressed that funding and budget allowances were needed. Mr. Ramos indicated the biggest issues are curb cuts. Addressing through incoming requests to Human Relations, who will investigate and forward to Engineering, who will then process. Mr. Tomo expressed a concern about funding, i.e.: funds through CDBG money and reallocated funds previously identified for curb cut accommodations. Then losing the unused money the next year. Mr. Ramos will continue to deliver requests more quickly to Engineering — approximately thirty (30) new requests have come in the last two (2) years. Ms. Saenz asked if all thirty (30) were done? Mr. Ramos indicated some are pending. Ms. Saenz asked how we handle new requests in light of pending requests? Mr. Quittner responded that it depends - may be already included in project bids. Maybe the Committee can assist in prioritizing requests. Mr. Ramos indicated that the pending requests are the more recent ones; the older requests have already been addressed. The new requests were pending due to funding. Discussion about the possibility of the $1.00 surcharge fee on utilities being utilized for ADA related issues. If this were to occur, the committee would like an opportunity to provide input on how the funds were spent. Next, if this happens, key question — how to determine where funds were to be spent within the City. Mr. Ramos reiterated education of community to notify Human Relations of community concerns/requests. Ms. Saenz had a question on new construction being accessible. Mr. Ramos indicated that yes this is addressed under Title II and Title III. Mr. Quittner added that some work done under the 1986 Bond is being redone for ADA compliance. Mr. Ramos indicated that we are getting there. Meanwhile, deficiencies have been identified and we are considering funding options and timelines. We will need to be more creative in funding. g. CCHRC Annual Conference: Mr. Ramos invited members of the Committee to the Annual Conference and indicated conference would cover Employment Law and ADA issues. Call if you would like to attend. Revised 7.15-02 8 VII. Election of Officers: Tabled - will be held at next month's meeting. Public Comments: Mr. Tomo shared that Ms. Lyons asked him to attend the Marina Development Meetings. He would attend June 10th and 17th, for issues on the Landry's development project (T-Heads). Mr. Torno invited members to share any comments or concerns about the project, or how to utilize. Mr. Flores reminded him to mention ADA issues. Mr. Tonto had already begun sharing ADA concerns. Mr. Ramos will e-mail members about Mr. Tomo's involvement on this project and forward any information contributed. Ms. Saenz asked how much time do they have to submit comments? Mr. Tomo asked for them before Monday. Mr. Torno shared examples of things he expected to address, i.e.: parking, public transportation, and commercial development. The meetings will be held at the Museum, Water Garden Room and will be open to the public, but no public comments. VIII. Administrative Report. Mr. Ramos presented handouts of April and May 2002 statistics. Mr. Ramos provided an overview of the monthly statistics, as well as the Fiscal Year Performance Measures and Graphs. Mr. Ramos reminded members that the last public meeting on accessibility would be held on June 12`h. Discussion on July monthly meeting. Was it moved, due to the holiday? Ms. Shultz will send a reminder. Adjournment Mr. Soza made a motion to adjourn, which was seconded by Mr. Torno. Adjourned by acclamation. The meeting adjourned at approximately 5:36 p.m. / /P�7 /0-2 Roberto Flores, Vice Chairperson Date Minutes Approved Revised 7-15-02 9