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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 11/07/2007Committee for Persons with Disabilities Minutes — 11/0 i i 07 A. Call to Order was at approximately 3:31 PM by the Chair, Ms. Fal lwell-Stover. B. Roll Call was taken, establishing a quorum. In Attendance Linda Fallwell-Stover Abel Alonzo Clifford Bost Herman Lee Jones Toni Padilla L. David Ramos Harvey Salinas Ms. Rosa M. Valdez Leon Bazar Wanese Butler Teresa Hollard Billy Delgado & Intern, Teresa Holland Gerald Tyler Yvette Aguilar Absent Z Zt / David Walker Lorenzo Gonzales C. Requests for Excused Absences The Chair called for any excused absences. MOTION Mr. Bost excused Ms. Padilla's absence from the October 2007 meeting and seconded by Ms. Valdez and Mr. Jones. Motion passed by vote. II. Approval of Minutes Members took a few minutes to review, as a couple indicated only receiving the agenda in their packets. Mr. Bost provided the corrected the spelling of "Debler" to "Doebler" on page 1. MOTION To approve the Minutes as amended with spelling correction was made by Abel Alonzo and seconded by Clifford Bost. The Chair asked for discussion of page 3, bullet 2 before taking any action on approval of minutes. The Chair indicated that the Committee had been given different information than citizen, Ira Black, regarding curb ramps in street projects and in defining resurfacing versus reconstruction. The Chair asked that this be reflected in the minutes. Mr. Bazar clarified that his Staff report and the Committee's discussion at the October 3, 2007 meeting did not include such discussion of the Chair's concern as presented today, but that her concerns could be discussed later on the day's agenda. Chair's concerns Bulletin #2 — page: a. The Chair, Ms. Fallwell-Stover expressed her belief that this bullet number 2 was in contradiction to what was previously reported at a previous Committee meeting. b. The Chair asked for classification of definition and wants the definition in reflected in the minutes for October 3, 2007 and does not want to proceed with approved minutes as is. Leon Bazar and Wanese Butler explained that the Committee and Staff did not discuss any definition and that nothing was decided regarding definitions. c. Example: The City first answered on the Weber Road project was that the curb ramps will be done. Then the City came back and said that it was not. Later there was an email from Mr. Bazar that clarified to dela SCANNtD Committee for Persons with Disabilities Summary Minutes — l leu //07 Page 2 It was agreed to discuss the definition issue as a regular agenda item, and not upon the approval of minutes. [Toni Padilla and Judy Telge arrived at 3:44 pm.] The Motion to approve the minutes as amended with the spelling correction passed. III. Public Comments/ Presentations a. Public Comments: The Chair welcomed Ms. Judy Telge and Mr. Ira Black in the audience. Chair recognized and asked for any Public Comments. No one signed in on the Public Comments Sheet. Ms. Telge would make a presentation on the agenda. Mr. Black declined to make any public comments. Chair moved onto the scheduled presentation. b. Presentation: Ms. Telge had been invited to present information on the HUD Section 811 Grant. Ms. Telge provided clarification of this grant: • The grant is not for ACi, which does not currently handling housing, but that it was received by Accessibility Housing Resources, Inc. (AHRI). She mentioned that David Walker is also on this board [Mr. Salinas arrived at 3:45 pm.] • This grant is similar to 202. • CBCIL is a three-bedroom home or for 3 persons with disabilities to share expenses and common areas, and thus more affordable for them; transitioning out of nursing home into the community. • AHRI considered doing another one home but possibly more units, 5-6 units for persons with disabilities to rent/purchase possibly in lots adjacent CBCIL. Some additional funds are needed and possible can fund through the HOME program via the City. • A letter of acceptance will be issued soon from AHRI. • The Chair asked if any Committee Members have any questions and for Ms. Telge to share with CFPWD the progress made on this good news item. • Ms. Telge also mentioned that Clif Bost is also a property manager. Toni Padilla moved that the Chair write a letter of support on this project on MOTION behalf of the CFPWD. Seconded by Harvey Salinas. Discussion: Abel Alonzo asked for clarification on the number of units and how many of these are designated for persons with disabilities only. Ms. Telge replied six units, none designated but the majority are accessible. Clif Bost abstained from voting on this Motion. The Motion passed. IV. Chairperson Report by Linda Fallwell-Stover a. 11/29/07 at 10AM at the Rise School, the toys that were the table decorations from the 2007 Barbara Jordan Media Awards will be delivered. She also asked PIO to help with media coverage. Toni Padilla will do a press release and forward to Leon Bazar. The Chair asked Members to attend. b. Called attention to the upcoming 25th Annual Barbara Jordan Media Awards that will be held in Houston, Texas. Watch for any media stories to submit. Leon Bazar informed the Committee that all local English and Spanish media were given the BJA guidelines and information for stories, and that KORO will accept ideas to do feature stories. Committee for Persons with Disabilities Summary Minutes — l leu 1/07 Page 3 C. Texas Governor's Office sent proclamation on Disability Employment Awareness Month a little late but will be given to Leon Bazar and Linda Fallwell-Stover to read the proclamation to the Committee. Passed it around. d. Increasingly concerned as see complaints filed by citizen and that she feels a disconnect as a Committee. She indicated that she feels information was provided to this individual. She asked for the City's clarification on its position regarding street reconstruction and where curb ramps are not going to be installed, and she was sorry not to have Ira Black's emails with her at this time, but that she was copied on these emails. The Chair Fallwell-Stover suggested that if they receive a different answer, then Committee may need to take action to the City Council under its Public Comment period, although difficult to get in and/or get City Council's ear. She informed the Committee that the Vice Chair - David Walker, Former Committee Chair — Crystal Lyons, and herself have offered to address the City Council but difficult due to their meeting constraints. Toni Padilla asked what discrepancies the Chair was referring to. The Chair asked Leon Bazar to speak to this. Mr. Bazar indicated that the citizen Mr. Black was present and that Engineering has been asked about street maintenance versus alterations in triggering ADA curb ramp/sidewalk compliance; and reconstruction, milling or redoing a street from the bottom up, and resurfacing level. The gray area seems to be is resurfacing a maintenance issue and milling issue from maintenance to reconstruction. Regarding different definition has been a back/forth issue going through Engineering and up to the City Manager, who wants this resolved. The Chair asked about defining the street projects cited by Mr. Black, such as the one on Weber and the one on Williams. Per Mr. Bazar and Mr. Bost, Weber was joint project with TXDOT intended to improve both sides of the street. However Mr. Bost indicated that TXDOT funding stopped. The Chair mentioned that this was asked of over 2 years ago. Mr. Bost continued that the funding stopped due to overruns so the City had to put in more money. Ms. Padilla wondered if this was all poor project management. The Chair asked Ms. Padilla about her concern of the Dillion Lane project correction. There was brief discussion that this issue was not at the point of multiple projects in the area, but the driveways further up, Mr. Bazar had forwarded to Engineering. The Chair feels it is non-compliant. Mr. Alonzo felt there should be an answer from Engineering instead of Human Relations on this project's compliance. Mr. Bazar informed the Committee that Staff has been working on the definition matter and why or why not the streets identified by Mr. Black meet the definition. The Chair asked that the minutes reflect that definitions have not been clearly stated by Mr. Bazar at previous meetings, so discussion between Engineering, Human Relations and this Committee are not personal but of great concern. Mr. Bazar added that a definition has not been presented or argued just interpretations regarding projects, but that through recent meetings with Engineering he is optimistic for a formal definition. The City definition is not the final call of Human Relations, so the City Manager is involved in meetings with staff, but that he has provide case law and summaries to Engineering and Legal on alterations and maintenance. So the issue is impact, funding and how to get it done, and not an issue of not doing so. The Chair indicated that the Committee would like to hear back from Staff on the City's definition/position after the Engineering meetings with Angel Escobar. Ms. Padilla asked if the Committee's Engineering Subcommittee is to be involved. Mr. Bazar suggested that first the pertinent departments come together with the City Manager. Ms. Fallwell- Committee for Persons with Disabilities Summary Minutes — 11/u7/07 Page 4 Stover needs a reasonable time frame, indicating that projects go forward with oversights then budget over runs and that she feels they get one piece of the process and/or do not get information. In response to Ms. Fallwell-Stover asking for an update for the Committee's next meeting, Mr. Bazar felt strongly that this could be done. Mr. Salinas expressed concerns of disconnect, Staff's lip service and no follow-up. He then gave an example of the American Bank Center (ABC). Discussion ensued as Mr. Salinas explained that he felt ABC staff lacked training on accessibility and about their facility, such as location of accessible entrances upon asking a staff member at an event he was attending. Members continued discussion, including that recent ABC training was publicized by local media and hopefully things should improve. However, some Members felt it was time to have an update by the ABC and asked that they come before the Committee again to make a presentation. Ms. Fallwell-Stover commented that she understands workload difficulties of staff, but needs to know that it is not falling of the radar and she reiterated they as Committee Members need to do their part on the Subcommittees. Ms. Padilla commented that they have not been given an opportunity to participate in anything. Ms. Fallwell-Stover commented that we have to be specific in the definition of street reconstruction and definition of street maintenance. She asked each Committee Member to bring your concerns and issues, or email them to her or Mr. Bazar. She also asked about accountability. Mr. Bazar indicated that both Development Services and Engineering Services have a piece of the process, and that the new Assistant City Manager of Development Services, Bob Nix, is supportive of if the project plans are wrong then do not let it go out. Ms. Fallwell-Stover asked about them needing training by the Texas Department of Licensing and Regulation (TDLR). Next, Mr. Salinas added that feels that staff is not moving forward and he would like to why, and that he wants staff to think outside of the box and not just stick with policy. Next, Ms. Fallwell-Stover suggested that the Committee set up a workshop and asked the Committee Members if they want staff to attend or split the workshop with time without staff and time with staff, to also include dialogue with Neighborhood Services and dialogue with Parks & Recreation. She also felt that the workshop should include discussion of what is the passion of each Committee Member, what drives their serving on the Committee, what they would like to see accomplished. Mr. David Ramos suggested that in doing so, the Committee should set up some process or checklist so that Mr. Bazar can move forward, include any Department of Justice (DOJ) requirements, and that if Engineering is the one making decisions them have Engineering be the one to provide it in writing, make Engineering sign -off, as he understands the Human Relations Director being caught in the middle. Ms. Padilla suggested that Engineering put their definitions in writing as well. Mr. Alonzo indicated that he can understand everyone's frustration, but that he believes they have come a long way even though there is still work that needs to be done and that thing do not change overnight. He commented that from last month's Committee meeting, he feels there is a new/better understanding with Parks & Recreation, and that hopefully it will also happen with Development Services and City Manager. He expressed that he feels they have a sensitive Mayor and that they have to give the new City Council Members time, yelling does not always work. Ms. Fallwell-Stover thanked Mr. Alonzo for reminding them that progress has been made. He continued that he felt the Committee should have had this type of meeting discussion a long time age, that they need to move forward together, but that he does Committee for Persons with Disabilities Summary Minutes — 11/07/07 Page 5 not feel that he is always been heard. Ms. Fallwell-Stover apologized and did not intend to make him feel that way and added that the Committee has its workshop in the past. Mr. Alonzo continued with other points: • There are differences between challenges and struggles. • If going to the City Council during its Public Comments, he feels it should not be done as the Committee, go as individual, because the Committee needs to work with the Council, and it takes more time, commitment and leadership than just coming together here once a month. Ms. Fallwell-Stover thanked Mr. Alonzo for his comments and also thanked Mr. Ramos. Regarding the definition issue on street work, Mr. Bost asked about the Federal definitions. Mr. Bazar made reference to case law on a City of Philadelphia case on street alterations. Mr. Ramos added that funding of street work should be allocated upfront versus finding funds later after the work has started. Mr. Bazar discussed a November 2005 TXDOT letter regarding curb ramps with some definition and that if the slope is okay then no curb upgrade at that time. A Federal Highway Administration official indicated that it may be okay but unsure if it would hold in court. An issue is whether to upgrade existing curb ramp or put the money into installing curb ramps where none exist. Mr. Alonzo commented that transition plans are documents that need money behind them. Ms. Fallwell-Stover agreed that transition plans are a good place to start. It was agreed that Mr. Bazar bring back an update regarding the City's definitions and briefly describe them for street work. Ms. Fallwell-Stover as Mr. Ramos to assist if needed. V. Staff Reports/ Comments A. Human Relations Leon Bazar provided departmental update: 1. Distributed flyer on hosting local TDLR training by Robert Posey who is now their new Project Director. 17 have already registered; Maximum of 75. 2. The Management Aide position has been filled after three attempts. Selected employee is internal from Human Resources. 3. Email was sent on Emergency Preparedness. Clif Bost indicated that he was able to attend. B. Engineering Services Gerald Tyler provided the overview and thanked Mr. Bazar for taking the brunt of Committee's comment/concerns regarding the street work discussion 1. Distributed the monthly ADA project status report and added that the Doddridge project was awarded. 2. Informed Committee that he is familiar with Mr. Black's complaints, as Mr. Escobar has assigned both he and Ken Polasek to fill-in since Lupe Rocha left. 3. Informed that they will work with Development Services. Mr. Escobar and Mr. Nix are both aware these issues need to be addressed, in review and interpretation. Ms. Fallwell-Stover asked about which projects are maintenance and which are reconstruction on the ADA project status report. Mr. Tyler indicated that they can go through list and will identify such. There was some discussion of adding a column to the status report to indicate whether item is maintenance or reconstruction, and can Committee for Persons with Disabilities Summary Minutes — 11/07/07 Pate 6 coordinate EAB numbers with Registered Accessibility Specialist and the status. Ms. Fallwell-Stover commented that she was concerned about what definition was provided to this Committee versus what definition was provided to Mr. Black. She asked that it be indicated so in future ADA project status reports, although it may not be ready next month, but hopefully in January 2008. 4. In the Committee reviewing the ADA project status report, items #5 and #10 are new construction; add driveway to item #16-i on second page and that #16-d at Baker Middle School is complete. Mr. Tyler commented that the sole function needs to be review and get through all projects. Mr. Ramos commented that Gollihar Street in front of King High School, between Staples and Airline, is not on the list. Ms. Fallwell-Stover recognized Mr. Ira Black in the audience. He commented that eight (3) different Street projects that he has presented to the City are not on this Engineering's list. Staff is to respond. Mr. Bost suggested that in the future Engineering to include all Street City projects on this list. Mr. Alonzo asked who is handling the curb ramp work on Agnes Street. Mr. Bost and Mr. Bazar were aware of this work. Mr. Bost indicated that TXDOT is working with the contractor to correct this job. The Chair thanked Mr. Tyler. C. Parks and Recreation Billy Delgado introduced their intern, Teresa Holland, and then provided the overview: 1. 15 parks under the Bond program; Candlewood is finishing up. These Bond park projects include ADA work of curb ramps, sidewalks, access to playground equipment. 2. Informed that staff is working on possible projects for Bond 2008, to include another 15 parks and will try to spread them throughout the community. They will consider requests from neighborhoods and any other requests via the Engineer form. Ms. Padilla asked what the Bond projects entail. Mr. Delgado's response included equipment, accessible paths to playground equipment, ramps. Ms. Padilla mentioned an issue at Windsong Park in that there was not a receiving ramp on Monk Street. 3. The Chair asked for clarification on crossings and on Code 49.10 for sidewalk maintenance and property owners' compliance; and what about enforcement. Mr. Tyler indicated that enforcement of this Code is not Engineering but rather Development Services and the City's Code Enforcement. Mr. Alonzo wondered about whose has liability on broker sidewalk and example if someone were injured. Mr. Tyler reiterated that under the current City code the property owner is responsible for sidewalk repairs, and that they could repair just the section requiring repairs. 4. Ms. Rosa Valdez asked about park at Ella Barnes, Oso Creek, Sgt. Brock, and if the City will consider fencing this area. Mr. Delgado indicated that this is something staff could into. 5. Games of Texas 2008 has been awarded to the City and by then the Miracle Field should be ready. 6. 6-7 Staff will be attending the local TDLR training. 7. Also, exploring new surfaces for trails. Committee for Persons with Disabilities Summary Minutes — 11/07/07 Page 7 The Chair recognized Mr. Black in the audience, who indicated that he did not have a comment but ask that Mr. Bazar comment on investigation of 119 parks at the Federal level in which he felt are not compliant. He further asked that Mr. Bazar explain what transpired at the Casa Linda sidewalk. The Chair yielded to Mr. Bazar, who clarified that Mr. Black claimed to have filed this sidewalk in April, but that he had not received it then. When Mr. Black resubmitted it, Mr. Bazar contacted Engineering, Parks/Recreation who then contacted CCISD to address the broken sidewalk which was in front of Baker Middle School. The school district did their portion but the City's portion was delayed when the contractor was delayed on another project from his understanding. The Chair reiterated that the project was complete and that it is good. Mr. Salinas asked for the Parks waiver letter and for a report on the number and type of disabilities of the children the department serves. The Chair clarified that some to this data may be available through requests for reasonable accommodations. However, this may not capture all children with disabilities, which is hard to do so — disclosure issues. Ms. Salinas agreed to accept the numbers based on the requests for reasonable accommodations. D. Development Services — No report VI. Subcommittee Reports A. Ms. Padilla informed that they have reviewed the batches of updated job descriptions from Human Resources, but that she also emailed the Chair that she tried to set up meetings for 2 months with Sylvia Wilson, Abel Alonzo and herself. [GT and BD left the meeting at 5:20 p.m.] B. No meeting. Chair indicated that they will need to meet after Staff finishes its internal discussion on the street work definitions. VII. Old Business A. Volunteer ADA package program — No Report. Ms. Butler clarified that the Committee had asked for this to be a standing item. The Chair asked that this time be posted on the agenda on quarterly basis. VIII. New Business No new items, but Mr. Bost and Mr. Ramos indicated interest in attending the TDLR training. IX. Committee concerns/Agenda Item Requests Mr. Salinas — ABC Training and standard operating procedures/practice and requests for accommodations. Ms. Padilla commented that she saw a news stories that ABC went through some training. Mr. Bost concurred and that the training included sensitivity. Mr. Salinas just wants assurance that ABC staff is aware. Regarding the agenda, Ms. Padilla suggested reflect Non -Discrimination Ordinance only when there is a report. The Chair concurred. X. Announcements — There were none. XI. Adjournment - MOTION to Adjourn was made by Abel Alonzo, Seconded by Harvey Salinas. Passed in unison and meeting adjourned at approximately 5:29 PM.