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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 09/08/2004 tit COMMITTEE FOR PERSONS WITH DISABILITIES Summary Minutes for September 8, 2004 Meeting called to order by the Chair, Ms. Linda Fallwell-Stover A. Roll Call: Quorum Meeting at Roll call. Present at Meeting: Ms. Fallwell-Stover, Ms. Padilla, Mr. Sayles, Mr. Soza, Mr. Torno and Mr. Watson. Mr. Flores also arrived. Staff in attendance: Ms. Butler, Mr. Harney and Mr. Ondrias. Absent Committee members: Ms. Lyons, Ms. Saenz Staff: Mr. Sosa B. Excused Absences: Member Reason Given MOTION Seconded Result Sayles Special MHMR Meeting Soza Watson Passed C. Introductions: Mr. Tom Niskala, Director of Metropolitan Planning Organization (MPO) II Approval of Minutes: The Committee reviewed the minutes. MOTION was made by Mr. Soza to accept the minutes as written. Seconded by Mr. Sayles. A vote was taken the Motion was passed. III Presentation and Public Comments — A. No public comments B. A presentation was made by Tom Niskala, MPO Director, on a project in process to develop a regional hike and bike study. Mr. Niskala talked about the need to improve the transportation planning process to include more of the needs for the disabled community in looking at overall infrastructure. He acknowledged that the Regional Transportation Authority (RTA) was meeting some of the needs, but that the MPO will oversee comprehensive planning for infrastructure within the community. Mr. Niskala went on to indicate that the MPO is now: • Considering the needs for the disability community in the transportation infrastructure for the community, including highways, transit, airports and port with short and long range planning. • Working on three special studies due next month [October 2004]: 1. Freight and Hazardous Cargo study and movement of such throughout the city. 2. Traffic Safety Study, including intersection designs and radius of freeways 3. New Hike and Bike study, which is planned to go beyond the local level to include the two counties of Nueces and San Patricio to lay the groundwork to develop a network with some connectivity. • Considering accessibility for physical and non-physical disabilities and safety, design, education and funding. SCANNED fir • ADA compliance on paths so that persons using wheelchairs can use paths along with those using bikes and also pedestrians. To do so: 1. Work with the Texas Department of Transportation (TX DOT) regarding farm to market roads for bike usage and regarding asphalt overlays. 2. Consider biking community and commuters for in-town use. 3. Consider recreational uses such as family biking. • Considering how to use drainage canals to possibly design as inter- connectivity for pathways. (Holly Road and Ennis Joslin) • For the regional hike/bike plan, they would have the beginnings in Corpus Christi, Portland and Port Aransas. Each community will have a part in making paths/routes friendly for pedestrians and bicyclists. The MPO intends to facilitate a comprehensive coordinated plan. • During a question and answer session with Committee Members, Mr. Niskala provided additional comments and information: 1. On the MPO role and any influence over taxis and transportation from hotels: The transportation planning can facilitate getting the right people together, and recognized that there may be some gray areas, but that it is good business to make these routes accessible and to provide awareness to hotels and condos. Mr. Niskala indicated that he is willing to facilitate this dialogue. 2. On how the MPO can help others to see the benefits of accessibility such as with taxicabs: There is some funding available through TX DOT for both private and public cab owners. 3. On whether the hike/bike trails will be usable at night and have lights: The current plans are structured primarily for daytime use, but it could be also structured to apply some lighting and consider interconnecting light paths for safety. 4. On accessibility for people with disabilities to use at the same time as bicyclists: The hike/bike trails could have dedicated paths and also the consideration of sidewalk and curb ramp usages. Some MPO dollars have been used to do so along Staples from Federal Highway monies coming in through TX DOT and then to the MPO. Additionally, some ADA projects are in the MPO's 25-year plan. Currently, the MPO is revising short range 3-year plan. 5. On whether there are plans for signals at intersections for hearing and visual impairments: This something that the City as the municipality could incorporate but also TX DOT also has architectural/beautification issues and standards at State intersections such as for signal timing adjustments. 6. On whether bicyclists can use the RTA buses: Cyclists could use take their bikes onto the RTA buses once the racks are installed. There was general discussion on addressing transportation accessibility and the economic impact and benefits this could have, such as for conventions al well. 2 • Regarding the issue of having follow-up discussions between the MPO and TX DOT, David Ondrias added the City's work on trails for shared use, planning for connectivity of parks, and that the City also has an Acting Traffic Engineer, Mr. Kevin St. Jacques— Consultant. There was general discussion regarding: trails with shared uses but that there may be different standards in widths throughout town; safety for shared-use of trails; paths and Tums along the routes; usability; and education. Mr. Niskala provided a recap in that this hike and bike plan is broad and is preliminary at this point, but it would go into final stages. There was one additional question before Mr. Niskala concluded on whether there is a procedure for citizens to report problems or needs for a hike and bike trail. However, the procedure depends on the problem and when it occurred and which municipality it falls under. The presentation discussion then ended, and the Committee thanked Mr. Niskala. IV Chair's Report Ms. Fallwell-Stover reported on: a. Meetings attended: Monthly meeting of the CC Human Relations Commission (CCHRC) and the Sub-Committee meeting on the CFPWD's proposed recreation inclusion position statement. b. The National Recreation Inclusion Conference will be in Austin, Texas this year and Mr. Watson will attend on behalf of the CFPWD, so please forward and comments/items to him [before he leaves on 9/9/04]. c. Visiting with the Park and Recreation Advisory Committee (PRAC) and the CCHRC and asked for their feedback on the draft recreation inclusion position statement and then later ask these two groups for their support on the statement. V. Committee Reports: A. Outreach/Awareness Sub-Committee — Accessibility Guide: no report at this time. B. Legislative 1. Non-Discrimination Ordinance. Ms. Butler reported working on and update of the statistics thus far. Regarding the question of staffing requirements being handled differently in implementation this year, this would also be explained. There was brief discussion of the fairly low number of NDO complaints thus far but once staffing restored and with outreach, this could increase awareness and possible complaints. 2. Title I Employment Comprehensive Self- Evaluation — Human Resources Department. Ms. Butler updated the Committee that the Human Resources department let her know the consultants are finalizing its analysis and report for the City. The consults will also be prepared to make a presentation to the Committee in October or November 2004, with presentation study materials to be delivered in advance. VI. Old Business: A. Accessible Parking Brochure — Ms. Butler updated the Committee in that 1,000 copies of the brochure were printing and that a small batch will be give to each Committee member. Brief discussion of ideas for distribution in public places, agencies, businesses and possibly at a later date revisit with the CC Police 3 Department Chief. The Committee may further discuss brochure distribution at its upcoming retreat. B. CFPWD's Position Statement on Recreation Inclusion — The draft copy of the position statement was distributed to the Committee Members. Once Mr. Watson returns, he and Mr. Flores could visit on the Inclusion Conference information for the Corimitlee to consider ,n i, position statement. C. Park and Recreation Response on Printed Materials' Language — Copies of a memorandum of response were distributed to the Committee. Mr. Ondrias reported that the response to the Committee's questions on language in P&R's printed materials was redated for signature by the new Director, Sally Gavlik, and that City Legal had assisted the department regarding these questions. Mr. Ondrias also indicated for printed materials, that he welcomed the Committee's input such as with the upcoming Fall P&R brochure and also input on better distribution for people with disabilities. Regarding the Committee's question regarding the language, "... child must be able to mobilize", Park and Recreation responded that a child must with or without a reasonable accommodation, be mobile as needed for a program. Upon review, we realized that the wording used in the circulars could be considered overly broad, in that a fair reading would negate the use of staff for any assistance of a person with a mobility disability. This was not our intent. We are revising the wording to read: "child must be able to mobilize without lifting assistance by staff'. On the question regarding requests for accommodations being made without a formal request referencing a list previously provided to the Committee, the department informed the Committee that: There is no duty on the part of any program operator to provide an accommodation absent a request. That being said, however, does not mean that programs operate in such a way that certain accommodations are automatically provided, such as assistance with certain medications, and the availability of specialized equipment. On the other hand, if a need is brought to the attention of a staff member, either through personal observation or through a third party, the staff members are trained to report such needs to their supervisors in order that a determination can be made to provide a reasonable accommodation without calling attention to, or embarrassing, the program participant. In response to Mr. Flores' question if a person wants to request an accommodation, Mr. Ondrias informed the Committee that the department had updated is non-discrimination statement and that marketing/advertising staff member, Santos Villarreal, informed all P&R staff and prepared signs that are posted at all division facilities, effective 8/19/04. Also, Mr. Ondrias made a commitment to the Committee that the department has a process to review all P&R public materials, in which drafts by and through Santos Villarreal will then be reviewed by Linda Hodge of the Park and Recreation Department and maintain file copies for David Ondrias to share with the Committee. Mr. Flores commented that this was good and that parents need to see this information and know that they can request help. Mr. Ondrias also asked for the Committee to consider a member to work with P&R's efforts to designate good target areas for marketing information and increasing outreach. Ms. Padilla suggested getting the word out also through agency/organizational board meetings to inform about participation in City programs and accommodations taken into consideration. Also, transition planning meeting for students can be key in getting through to special education so that they know what true participation really is. It was noted that Twinkle 4 • 16, Morgan of the Education Resource Center may be of assistance. Ms. Faliwell- Stover added that the Committee is also considering remediation and that the Committee will have some ideas. D. Veterans with Disabilities — Collaboration with Veterans Affairs: Mr. Brian Watson had attempted but was unable to reach Mr. John Taylor with the Texas Paralyzed Veterans Ms Fa:I"well-Stover and Mr. Ondrias offered to assist with a contact phone number for him. E. Barbara Jordan Awards Update — No report at this time. VII. New Business A. Committee's Fall Retreat — Ms. Fallwell-Stover and Ms. Padilla will meet on plans for the retreat and agenda, but asked for input from the Committee Members on their expectations for this retreat that is for the Committee's planning purposes for any possible projects. Ms. Fallwell-Stover and Ms. Lyons will bring information on what other CFPWDs have been using in other communities. Ms. Harney was asked to attend the retreat to provide guidance and clarification of Committee role, duties, obligations and also some information regarding fundraising limitations. The Committee was reminded that the retreat would be 9/22/04, 12-4 PM, in the Board Room of the Central Library and that lunch will be provided by Human Relations. B. Disabilities Employment Awareness Month - For the Mayor's proclamation, a good start would be the Texas Governor's Committee. The Committee may also discuss this awareness month at its retreat in planning for next year's disabilities employment awareness month. Mr. Watson mentioned that he had come across some information from the Federal government and that he would try to locate for the Committee. VIII. Administrator's Report — Ms. Butler provided the report in larger font and then conducted an overview by category of EEOC, Fair Housing, ADA and Places of Public Accommodations. She also reported that the EEOC annual contract has been done. Regarding a question on what happens to incoming complaints that are filed, Ms. Butler explained that some are deferred or transferred from Corpus Christi to the EEOC and HUD regional offices due to lack of jurisdiction after the department assisted the complainant with their initial filing of allegations of discrimination. Upon the question of what happens to the case, Ms. Butler indicated that once the case is transferred that the department is no longer involved and no longer has access to the case or its file, and that no, the department is not advised of the outcome of the case. Ms. Padilla suggested that the monthly report should show that the department did work regarding ADA cases but that are later resolved including mediation that was handled outside of Corpus Christ's jurisdiction. Ms. Butler agreed that the department could work to incorporate or provide clarification to improve the report in better reflecting the department's efforts and responsiveness, especially in that some cases are received locally, but not worked locally due to jurisdictional reasons. There was some general discussion on Fair Housing complaint processes upon Mr. Watson's example of a lease situation in which the tenant may be away or hospitalized and rent payment delayed or not met. Also, there was clarification on Places of Public Accommodations types of complaints. 5 V IX. Committee Concerns and Request for Agenda Items. A. SMG/Arena — 1. CFPWD's Letter to SMG - Ms. Fallwell-Stover had forwarded the Committee's letter requesting information on staff training and assurance in responding to requests for accommodations for its customers with disabilities. However, SMG has not yet been a responded. The Committee discussed options on how to proceed, and acknowledged the volume of work for the new arena, but would like to hear back from SMG since the arena will soon open. The Committee decided to have the Chair, Ms. Fallwell-Stover contact the Assistant City Manager over the arena, Margie Rose, to make Ms. Rose of the situation and follow-up with her first before sending a second letter to SMG. 2. Ms. Padilla commented that she and some of her clients had attended the arena's recent job fair with thousands of attendees for approximately 550- 600 possible positions. Ms. Padilla reported that she was impressed with the manner in which her clients, people with hearing impairments, were treated with utmost respect by the SMG staff, with one staff member also encouraging a client to broaden her list of possible job types. B. Homeless Issue — Mr. Watson commented that he is interested in getting some information on the homeless issue and would like to learn about the Homeless Initiative Partnership. X. Announcements — none at this time. XI. Adjourn - MOTION to adjourn was made by Ms. Padilla, with a Second by Mr. Sayles. The motion passed. The meeting adjourned at approximately 5:05 PM. 6