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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 07/10/2002 MINUTES - QUORUM MEETING COMMITTEE FOR PERSONS WITH DISABILITIES July 10, 2002 Committee Members - Present Committee Members - Absent Chairperson: Ms. Crystal Lyons Vice Chair: Mr. Roberto M. Flores Ms. Linda Fallwell-Stover Ms. Sandra Cabazos Ms. Toni Padilla Ms. Mary J. Saenz Billy R. Sayles Mr. Eloy Soza Mr. Glen Ray Tomo CITY STAFF: (ADMINISTRATIVE SUPPORT) Building Official: Park & Recreation Director: Mr. Art Sosa Mr. Dan Whitworth Human Relations Administrator: Legal Advisor: Mr. L. David Ramos, Director Mr. Joseph Harney (absent) Human Relations Analyst: Wanese Taylor Butler Human Relations Management Assistant: Ms. June Shultz This special meeting was called due to confusion over date of regular monthly meeting falling close to the 4th of July holiday. There was not a quorum present at the July 3`d Meeting. Therefore there was a request for the special meeting on July 10th for the regular monthly meeting. ATTENDANCE - Roll Call — Absences: Vice Chair Flores, Ms. Cabazos and Ms. Saenz. Mr. Tomo came in as roll call was finishing. INTRODUCTIONS: Dan Whitworth, was appointed the new Park & Recreation Director. Others present, Margie Rose, ACM, Judy Telge, ACI, and Abel Alonzo, ADA Advocate. SCANNED i APPROVAL OF THE MINUTES: Minutes of June 5, 2002 were reviewed. The following requests for corrections were made. Eloy Soza requested that on page 3, the third line, the word "work" should be "word". Linda Fallwell-Stover requested that beginning on Page 2, under Committee Reports (PSA/Video), the concerns noted on the video did not capture the intent of the Focus Group. She asked that we clarify that section, to reflect the concerns expressed was that the video content should incorporate the elements as outlined in the Focus Group's recommendations from earlier meetings. The parking issue was not the focus of the video. Tie it back to the Focus Group. Motion to approve minutes as corrected made by Eloy Soza, and seconded by Linda Fallwell-Stover. Vote taken and the minutes were approved as corrected. PUBLIC COMMENTS/PRESENTATIONS: I. Abel Alonza, ADA Advocate: Newly appointed to the RTA Board. He wanted to express his thanks to the Committee for support for the RTA Board position. Now there are two persons on the Board with disabilities. He invited Crystal Lyons and the Committee Members on Comm. P.A. program. 2. Judy Telge, ACI: She is not on the agenda, but requested to speak with the Committee. ACI is applying for Independent Living Center funding again. They were competitive in the past. Therefore, they are submitting an application again. She requested individual Committee Members if they would consider providing a letter of support, individually or as a dual representative from the Committee and for other agencies as well. She would need the letters by July 26th. Ms. Padilla asked if anyone else was competing for it. Ms. Telge mentioned Nueces and Webb Counties and possibly Vale County. There is not competition locally. She provided a handout and reviewed the background for the request for the Independent Living Center for new committee members. Mr. Soza asked about another Program meeting scheduled for the next day at 7:45 a.m. Ms. Lyons asked Ms. Telge if they could use last year's resolution (CFPWD Support for last year's application) as an additional attachment? Also the amount of letters couldn't hurt. Ms. Telge indicated that this information would be key. Mr. Sosa asked if the letters should be addressed to ACI. Ms. Telge indicated it could be to them 2 or "To Whom It May Concern". General discussion ensued. Ms. Telge indicated she would be glad to help provide assistance to anyone if they needed it. Mr. Sosa asked Mr. Tomo if it would be a good idea to request letters from MA members? Mr. Torno indicated yes, he'd try to let them know. 3. Art Sosa, Building Official: The City is moving forward with Code adoption in September 2002. Mr. Sosa provided a handout. He reviewed the information on proposed changes. They have developed a fees schedule. Ms. Lyons questioned about complaint process, filing of complaint, how the City would handle it? Mr. Sosa indicated that the Human Relations Commission would refer the complaint to Austin. Mr. Sosa indicated the City would likely conduct an internal investigation and then refer the complaint to Human Relations. Mr. Sosa discussed the Planning Department's plans to revise the uniform development code. He will be reviewing it with them and write in accessibility standards to mirror TAS or refer back to TAS. Ms. Fallwell- Stover questioned how to handle not issuing occupancy permits. If they receive written notice of plans being submitted, how will they know if it was done? Mr. Sosa indicated the only way to get there is through final inspection steps — i.e.: final electrical inspection. They have control over utility and electrical inspections — typically need a permit of occupancy. On renovations, they are getting new software to set benchmark for not allowing utilities of non-compliance projects (i.e.: withhold or withdraw service to control the situation). General discussion ensued. Ms. Lyons raised a concern over a loophole — making sure there is an EAB Number, then can offer permit of occupancy. The State created the loophole. Mr. Sosa indicated that TDLR has option of assessing state fines and can go after the people who do the designs. Ms. Lyons asked about the timeline. Mr. Sosa indicated that the City wants to have it in place by September. Next week, they plan to have the fee schedule on the Agenda for Council review. They are a little behind on TDI. More general discussion. Mr. Sosa indicated that wind speed issues cause some issues. E-Commerce software will be readily accessible. CHAIR'S REPORT: Ms. Lyons issued an invitation (need to RSVP) for attending TDLR Training on July 25th regarding TAS. It will be from 8:00 a.m. — 5:00 p.m. in the 3 Basement Training room and will cost $75.00. Mr. Sosa mentioned that they are keeping tabs on the budget each month. He will try to get some people certified through the 4-day program. Ms. Lyons had done some research on some projects submitted to TDLR and found an item that was a City project that was disapproved. It was a 1998 project — Roots and Foster, Inc. for $413,000. It was titled Neighborhood Park Rehabilitation. Estimated to be worked on from 1/2000 — 2/2002. Was this a CDBG project? It failed their inspection. Mr. Torno indicated that this happens, as the inspection is sometimes done as long as 1 to PA years later. It doesn't mean that it's real bad. Ms. Lyons indicated that in research and review of some of the projects pertaining to Flour Bluff, it was bad. She requested Mr. Sosa to check into the project (she provided a handout on the specific project). Mr. Sosa indicated he would follow up on it and provide a report to Mr. Ramos. Ms. Lyons also mentioned that in review of the minutes, she was concerned about the portion of the meeting minutes that discussed the Planning Commission's proposed resolution to have less emphasis on ADA related project proposals pertaining to CDBG requests. Ms. Lyons indicated that she had a meeting with the Mayor and that they (the Council) had no intention to accept it. The Mayor expressed a concern that City staff has the impression that it is the Council's mindset. The Mayor wanted to emphasize that this is not the impression or the intent of the Council and he wanted it reaffirmed to the CFPWD. General discussion ensued. Regarding the Park and Recreation request for the City's Legal Opinion. Ms. Butler indicated she had provided a memorandum to Dan Whitworth and Joseph Harney regarding the questions raised by the CFPWD and the request for the City's Legal Opinion. (There was a review of the information.) General discussion ensued about Federal and State laws. The May discussion didn't touch upon it. This pertained to policies, procedures, Latch Key Program, denials or refusing admittance to programs or services, to provide an accommodation and/or not providing Aide at facility. Ms. Lyons questioned if anyone had listened to the December 2001 Meeting tape on the request for the Legal Opinion on the State Law? No one had. Mr. Ramos indicated that they would listen to the December 2001 Meeting tape and add in the request from that meeting to the present request. Ms. Padilla indicated that she thought the CFPWD had read some information a few months ago about this issue. Ms. Lyons clarified that it was not the same, it 4 was some different information that Mr. Harney provided. She requested information on the State Law and the City's Legal Opinion. COMMITTEE REPORTS: Education and Outreach Sub-Committee Report: No report. However, Mr. Ramos indicated that he had followed up on the CFPWD suggestion and cleaned up the video and there was some tape over. The opening of the tape is focusing on parking. He suggested a meeting with the Focus Group to review the tape for any further additions, splicing, editing, so we can then proceed with close caption process. Ms. Fallwell- Stover indicated that the Focus Group really want to go beyond that — to expand on education, not recycle information. There should be emphasis on inclusion, non-segregation, independence, etc. Ms. Lyons indicated that Ms. Cabazos wrote some information down on this — almost a script. She'll provide that information before the meeting. The following persons should be included in the meeting: Ms. Fallwell-Stover, Ms. Padilla, or anyone on the CFPWD who are interested. Ms. Lyons also indicated we should let Shay Heils (name spelling unknown), Charlie (LNU) and Ms. Cabazos know as well. Legislative Updates Sub-Committee: No meeting was held. However, there have been telephone conversations between Mr. Soza, Ms. Fallwell-Stover, and Mr. Sayles. They will have a draft ready for the August meeting. And they would like to propose a resolution in support of the Ordinance. Ms. Lyons asked Ms. Fallwell- Stover if the CFPWD could have a copy of the draft before the next meeting? Ms. Fallwell-Stover indicated yes. Ms. Lyons asked what would happen after August? Ms. Fallwell-Stover indicated that she would like to pursue media coverage, Corpus Christi Caller Times Editorial articles, October Disabilities Awareness Month and a presentation before the City Council in late September (2 or 3 readings). They hope to plan a luncheon sometime during October. Mr. Sayles asked about the City's review requirements? Mr. Ramos indicated that the draft would have to be reviewed by the Legal Department, ACM, be placed on the Council Agenda, etc. General discussion ensued. It basically will pick up where there is no coverage and clarify. It doesn't lessen the original ordinance, rather it strengthens and enhances. Steering Sub-Committee: No report at this time. 5 OLD BUSINESS: a. City's and Citizen's Complaint Process: Mr. Ramos brought handouts to the CFPWD of the proposed changes to the Complaint Form and process. Ms. Padilla indicated that there was a need for a correction on Page 1, under III. Policies was misspelled, it shows polices and should be policies. Mr. Soza also proposed that on Page 3, the timeline of 60 calendar days should possibly be changed to 90 days. Ms. Lyons indicated that the City of Austin's is 180 days, that it might be better to allow 180 day to file the complaint. The process allows more time to respond. Ms. Padilla also mentioned that people may not realize they've been discriminated against. Mr. Ramos indicated that this would be in line with other timelines for other processes. There was general discussion on who we would share this process with? Agencies, entities, the community? Ms. Fallwell-Stover asked about a PSA? Mr. Ramos indicated that we could do a PSA on this. Mr. Sosa asked about a Press Release. Yes, this would also be done. Ms. Lyons asked for a vote on this issue before Ms. Padilla had to leave. Ms. Padilla asked about adding in the language of"audio or video tape recording" (i.e.: the media process for a person signing, if need for use of sign language, Braille, dyslexia and/or literacy problems) or discussing complaint. Mr. Ramos indicated that we would add it to the draft. A motion was made by Ms. Lyons to accept the Complaint Form and Process as noted with changes. Mr. Soza seconded the motion. A vote was taken and passed unanimously. b. Park and Recreation— No report. c. Diversity Training: Mr. Ramos provided an update report. There has been considerable training and we have received feedback from those departments. Presently in the process of rewriting the script, so that all members give the same presentation. We cover People First Language and Diversity. We are proposing changing the process to have larger groups (multiple departments) at the Council Chambers or other designated locations. The Planning and Training Group is getting ready to meet again. It includes two staff members from Human Resources. We provide 1 to 11/2 hour presentations. There are normally teams of two people providing the presentations. There was general discussion 6 about questions and the feedback. Ms. Lyons asked if there was anything the CFPWD could do to help? Persons who are interested in assisting with presentations are encouraged to contact Mr. Ramos and let him know to coordinate with our schedule (once established). Ms. Lyons mentioned a concern over some comments made by an Airport employee. Mr. Ramos clarified that discussion made during the course of a presentation is just an expression of speech, and not actionable. However, we can talk with those employees and explain the purpose of the Diversity Policy that is in the works and the City's position regarding promoting awareness, mutual respect and understanding. General discussion ensued. Ms. Lyons requested follow-up on this issue at the next meeting. d. Transition Plan: A handout summary was distributed. Mr. Ramos recapped Chronological steps since last June/July. Mr. Ramos met with Jim Boggs for Cost Information. Mr. Ramos met with the Core Group on July 5t° to review the information received to date. Ms. Butler is working on a spreadsheet to include costs (means and/or standard cost). Mr. Boggs has a book for costs or is calling various entities to verify targeted costs. The library is not accessible in the older ones. It is recommended that there be a designated area. Ms. Lyons that even at the main library the resource desk is too high. Mr. Ramos indicated that he has requested that the counter have a section lowered and/or designation of a staff member to provide assistance with requests. Ms. Lyons indicated that she is aware of other things not noted. Mr. Ramos indicated that he and Mr. Tonto are aware of that. Some are not all inclusive and we will need to revisit some places. Ms. Fallwell-Stover mentioned that it also depends upon the Departmental ADA Coordinator. She asked if it would be helpful for the Committee Members to provide input or information. Mr. Ramos indicated yes. There was further general discussion. Some of the areas identified for remedy are on the Bond 2000, some have been done and some need follow-up. Ms. Lyons mentioned that Department of Justice and the City of San Antonio working together to ensure accessibility. She mentioned a 33-page statement agreement. It is very detailed. It is on the DOJ website and she suggested that Mr. Ramos look at it for missed items. Timelines are shown too. Ms. Lyons also mentioned that there was nothing on the package regarding Cole Park (i.e.: parking and accessibility issues). Ms. Fallwell-Stover also raised questions about TDD equipment for Human Relations and the Gas Department. Mr. Ramos indicated that the Public Utilities Office already has TDD equipment. There was discussion about how the Public Utilities Office addresses Gas issues, but that it would still be good to have TDD equipment at the Gas Department for emergency or repair issues. There was discussion about TDD guidelines. Supplement information on Employment Guide and speak with Cynthia Garcia, who is on the Core Group. Ms. Padilla had to leave the meeting early, due to a business conflict. Ms. Lyons put forward a recommendation that the City maintain a catalog of concerns and how they are resolved. Mr. Ramos reviewed the time line. There was further general discussion about budgeting of proper funds, timeline, and the need for the City Council to be reminded of that. Also there was discussion about prioritizing items — i.e.: immediate need, intermediate need, will do when a concern is raised. Ms. Lyons asked to go with Mr. Ramos to the City Council and she mentioned that she has been asking to be included in Core Group meetings. Mr. Ramos indicated that there would possibly be a meeting with the Deputy City Manager on Friday. He will let her know if he is available for Friday morning. e. CCHRC Annual Conference: There were real good reviews, good door prizes and every year we want to include more on ADA. Mr. Ramos mentioned that he had prepared a five-year report on Employment intakes. (The handout was provided to Committee Members at the start of the meeting.) Ms. Lyons mentioned the positive comments she received from the Keynote Speaker. Mr. Schmelzer indicated that the FMLA and ADA presentations were excellent. Ms. Lyons mentioned that it might be fun next year to have a panel presentation. Mr. Ramos mentioned that next year will be the Human Relations Commission's 40th Year Anniversary, since its inception. f Election of Officers: Tabled - will be held at next month's meeting. NEW BUSINESS: a. Coliseum —Ms. Lyons indicated that the Coliseum was not accessible. She thinks it has been changed in the last few days. She hasn't a confirmed it. However, this was an agenda items, as there was a concern that impacts the credibility of the CFPWD. Ms. Lyons indicated that all she has is her credibility, if the Council has received misinformation, then it impacts her credibility. Mr. Ramos discussed his plans to divide up areas that need to be verified between Ms. Butler and him. Ms. Lyons asked if we would like the CFPWD to help share with the workload. If members are interested, they can do a field trip to a designated location and help with the review. Ms. Fallwell-Stover asked how many of the Departmental ADA Coordinators have not attended the TDLR TAS Training? Mr. Ramos indicated he thinks there are approximately seven. Ms. Fallwell- Stover mentioned the possible use of a disclaimer statement for the Transition Plan document. Indicating this is our effort, but that there may be unforeseen or unreported concerns. Mr. Sosa also mentioned that he could help on some of it. Mr. Ramos discussed non-public facilities. There was discussion about employment issues — Title I, then there must be accessibility even in those situations. Ms. Lyons indicated even those are under Title II also. Employment related issues are not just tied to limited duty situations. If an applicant is the most qualified, there is still a need for accessibility. Mr. Ramos indicated that the lead person for this portion is Cynthia Garcia, Director of Human Resources. We need to look at accommodation and modification issues. ADMINISTRATIVE REPORT: Mr. Ramos presented a handout of June 2002 statistics. Mr. Ramos provided an overview of the monthly statistics. PUBLIC COMMENTS/ITEMS FOR NEXT MONTH'S AGENDA: Mr. Torno discussed his participation on the Mayor's Ad Hoc Committee — Marina Development. It started out good. There were 26 members. It was a positive note to comment that all the members were committed to ADA and TDLR minimum standards. It should be incorporated into the plans. This was followed by general discussion. Ms. Fallwell-Stover mentioned an upcoming teleconference sponsored by the TEA regarding Special Education issues. It will be discussing proposed special education rules. It will be held on Monday, August 26th, 9:00 a.m. - 9 3:00 p.m. They will allow 3 minutes for comments from attendees. If possible, at least go on your lunch hour. She suggested downloading the proposed rules, to be familiar with the discussion topic. Mr. Ramos mentioned the possibility of a presentation next month on a survey regarding Emergency Evacuation issues by Juan Ortiz of the EOC. Ms. Lyons indicated that in light of post September 11th, this would be good information to have and also mentioned that there was some good information available on the internet. ADJOURNMENT: Adjourned by acclamation. The meeting adjourned at approximately 6:10 p.m. AzitiAPX22 R/r)CrysLyons, C irperson Date notes Approved 10