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.
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• 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.
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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
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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
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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.
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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.
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