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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 12/05/2007Committee for Persons with Disabilities Summary Minutes — 12/05/07 Page 1 of 8 I. A. Call to Order was at approximately 3:36 PM by the Chair, Linda Fallwell-Stover B. Roll Call was taken, establishing a quorum. In Attendance CFPWD: Linda Fal lwell-Stover, David Walker, Abel Alonzo, Clifford Bost, Herman Lee Jones, L. David Ramos, Harvey Salinas STAFF: Leon Bazar, Wanese Butler, Patsy Garcia Sally Gavlik/Billy Delgado, Angel Escobar/Gerald Tyler Christina Fratila, Yvette Aguilar Absent CFPWD: Toni Padilla, Rosa Valdez STAFF: Lorenzo Gonzales C. Requests for Excused Absences MOTION The Chair called for any excused absences. To excuse Rosa M. Valdez absence for today's meeting made by David Ramos and seconded by Clifford Bost. Motion passed. [The Chair, Ms. Fallwell-Stover, exercised latitude regarding the agenda, to move to the Engineering Staff Report so Mr. Angel Escobar, Director of Engineering, could make his presentation due to having to attend another meeting. The Committee Members agreed. PLEASE SEE ITEM V(b below).] [Harvey Salinas had to leave.] V. B. Engineering Services — • Angel Escobar distributed a 12/5/07 report of 53 ongoing construction projects. He mentioned Page 1 equates to $118, $131, 948.60 for 32 projects and Page 2 at $58, $425,339.79 for 21 projects. He provided an overview of some of the projects. • Linda Fallwell-Stover asked about when does ADA compliance actually kick -in when projects are done, and if the Committee can get some type of information on all projects, before they are initiated, on whether or not ADA components are part of the project's plans. June Escobar indicated that some projects in the design phase in which staff could provide those components to the Committee at its next meeting in January, such as the recently advertised South Side fire station and also a reconstruction project with new sidewalks and ADA signals on Everhart Road from where to Cedar Pass? • Linda Fallwell-Stover asked what happens after the Committee provides any prioritization input to Engineering and referred to Cliff Bost's request for more comprehensive information in getting information on projects in planning stage. • Angel Escobar replied that staff could share this information, such as approximately $127M of work in the City's Capital Improvement Program (CIP) for next fiscal year that will need to be finalized with the City Council. • Abel Alonzo indicated that there is more concern on those projects that are not considered new construction. Angel Escobar said t o i I in Committee for Persons with Disabilities Summary Minutes — 12/OD/07 Page 2 of 8 the CIP and if any are new construction, from taking an empty field to a new structure, that Staff also has the City Council's support and directive to make all ADA compliant. After Abel Alonzo asked about changing cost estimates since time has passed, Angel Escobar did mention that the $125M on all curb ramps citywide was from 5 years ago, but now the estimate is much bigger with escalating costs since then. Linda Fallwell-Stover suggested that staff use a list and denote which projects have ADA compliance and that she would appreciate some definition from the City on what triggers ADA compliance. Angel Escobar indicated that the CIP book document is very large, but that staff could work on a listing and also a key/legend to supplement the Committee's CIP book review. Abel Alonzo remarked that this is why it is important for Committee Members to attend City Council discussions and the City Manager has to convince the Council that funding also needs to come from the City's General Fund. [Mr. Clifford Bost stepped out at approximately 3:54 pm, but returned minutes later] David Walker had a couple of things to share with the Committee: 1. Informed the Committee that he had received an email from Texas ADA Coordinators Association in that the City of Chicago is mandated to spend $50M to do repairs for ADA compliance, and that he believes Corpus Christi is way ahead of the City of Chicago but Corpus still has work to do. He also suggested sharing the Chicago ruling with the City Council. Linda Fallwell- Stover added that the ruling also included language on interpreting definitions [for street projects]. 2. All new construction is to be reviewed by a Registered Accessibility Specialist (RAS) for compliance as reasonable. He believes where the Committee can be useful to Engineering is when there is a question on how to achieve access, and that listing the ADA components on new construction is going to be a mute point. Linda Fallwell Stover clarified on new projects not new construction but more on reconstruction vs. resurface/maintenance. Clifford Bost then asked about projects 5 thru 10 on the list distributed by Angel Escobar, who responded yes that projects 5- 10 do include ADA components such as ramps, sidewalks, and/or some signalization. Abel Alonzo agreed with David Walker on new construction but focus on work on existing old street sections and try to collaborate with other entities. Angel Escobar agreed to have the CIP and Bond 2004 project status information for the Committee's January. The status report on Bond 2004 project will also go to the City Council on December 18, 2007. He will forward it by email to Leon Bazar. Linda Fallwell-Stover said there is an ongoing issue of getting a definition [reconstruction v. resurfacing/maintenance] and that a complaint had been filed on this issue. She asked if they would get the City's perspective, and who would provide it? Angel Escobar said it will come through Leon Bazar, and that it is not Leon Bazar's interpretation but that it is the City's, which he will bring to you shortly. Committee for Persons with Disabilities Summary Minutes — 12/OD/07 Paize 3 of 8 • Linda Fallwell-Stover mentioned that Weber Road was an issue that seems to highlight a problem with multi -jurisdictional responsibilities/funding. She felt that the Committee would benefit from some information on how to mitigate or minimize problems so that they will get addressed, and wanted to know what step(s) staff is taking to mitigate. Responding, Mr. Escobar expressed that hopefully lesson(s) have been to avoid as many change as before on Weber's eastside of the street, but that 17 sections would be finished. [Assistant City Manager, Margie Rose, arrived at approximately 4:05 PM.] As the presentation discussion closed, Angel Escobar apologized that he had to leave to attend another meeting and Linda Fallwell-Stover appreciated the information provided and thanked him. [Angel Escobar left at approximately 4:07 p.m.] V. Approval of Minutes • The Committee reviewed the summary minutes of its last meeting. • Billy Delgado mentioned a typo of a missing word on the bottom of Page 6 - #4: add the word "look". [Mr. Bost had to step out but returned minutes later.] • Linda Fallwell-Stover mentioned concerns on Page 3 — first and last sentences. Discussion ensued on about usage of Public Comments but will be discussed later in the meeting. [Sally Gavlik stepped into the meeting around 4:16 p.m.] • On page 3 — paragraph 3: Linda Fallwell-Stover indicated that the minutes did not reflect the meaning of what she had said. Wanese Butler asked Ms. Fallwell-Stover for her specific wording correction to the minutes and Linda Fallwell-Stover indicated that a previous definition stated to Committee by staff, when ADA compliance kicks in, was different from what she understands from Mr. Black's comments that he said he had received a different perspective from the City, and that she believes there is a disconnect. • Able Alonzo questioned if Committee has rights to the information filed in the ADA complaints by Mr. Black. • Linda Fallwell-Stover replied "yes" because the Committee has input on the non- discrimination ordinance and that it's a non-discrimination issue. • Yvette Aguilar clarified that the minutes are to reflect what is said at the meeting and that the approval of minutes is not to come back and add clarification to the minutes. • Ms. Fallwell-Stover stated that the minutes are to reflect what she actually said, as well as Mr. Bost' statements on the TXDOT funding on the Weber Road project in that it "had stopped" or "was used up". Ms Fallwell-Stover asked for a review of the last meeting's tape. Committee for Persons with Disabilities Summary Minutes — 12/OD/07 Pate 4 of 8 MOTION Abel Alonzo moved that the approval of the minutes be deferred until the minutes are reviewed by tape. Seconded by David Walker. Motion passed by vote. III. Public Comments/ Presentations A. Public Comments: - The Chair, Linda Fallwell-Stover, recognized two people (Judy Kurz and Stephen Presley) in the audience and asked for any Public Comments. - Steven Presley commented on a wheelchair fundraiser he is planning for St. Patrick's Day 2008, and that he is hopes that teams will be sponsored per mile. He indicated having already spoken with Ricardo Sanchez of the Regional Transportation Authority (RTA). Stephen Presley asked that this Committee/City sponsor a concert event, after he makes arrangements with the American Bank Center. He indicated that things are moving forward quickly. - Linda Fallwell-Stover asked Stephen Presley to give his request to Leon Bazar in writing. - David Walker suggested that maybe the Committee do a vote by email on a recommendation due to time. Yvette Aguilar responded that it would be better for this type of action to be posted on the agenda. Instead of taking action today, the Committee will post on its next agenda. B. Presentations: NONE IV. Chairperson Report by Linda Fallwell-Stover - She indicated bringing information on a case settlement of $50 million at $10M per year mandated against the City of Chicago for ADA compliance. - She mentioned having a Latchkey concern, which was sent to a Committee Member, and would forward to Parks and Recreation. - She and Harvey Salinas attended the presentation of toys to the Rise School, and that there was television coverage by Channel 6 and Channel 28. She also has photos to share and will forward to Leon Bazar. V. Staff Reports/Comments A. Human Relations by Leon Bazar - PSA- the City's Public Information Office will be ready to do a story style outline and wants Committee Members' ideas on obstacles to accessibility so he can give it to Kim and Leon and will fund through Human Relations. Abel Alonzo, Kelley Knight, and Moses Reyes will be asked to help in this effort. - TDLR 1- Day Training — TDLR had asked for minimum of 25 people to conduct the training in Corpus Christi from Austin. 60 people attended out of the 75 registrations, with a good mixture of entities like TXDOA, RTA, builders, developers, and all but 1 RAS. The TDLR instructor, Bob Posey, was impressed with the local training event turnout. Some attendees also asked if TDLR's regular 3 -day academy could be brought here [to Corpus Christi]. Bob Posey indicated TDLR could do so with a minimum of 40 people in Corpus Christi. David Walker stated that he will put Leon Bazar in contact with the AIA in Corpus Christi and the Rio Grande Valley. Bob Posey had also toured the city and saw some good and some bad things that need some improvements, but overall favorable impressions. Abel Alonzo commented how this was a good example of many working together the community at large and pleased on seeing less resistance Committee for Persons with Disabilities Summary Minutes — 12/05/07 Pate 5 of 8 from builders. David Walker who also attended, indicated that almost all local civil engineering firms were represented at this training. Update on City ADA philosophy — Leon Bazar indicated that Ira Black did not receive a City position but that he had asked what Leon Bazar's interpretation was Abel Alonzo raised a concern of being uncomfortable mentioning Ira Black's name in he Committee meetings since he has complaints filed, and indicated that he has rights. Leon Bazar replied that his own comments were to clarify what was given and that Ira Black's name is already out there and had been used earlier (in the meeting). Leon Bazar continued to report that the City Manager, Assistant City Manager, Development Services, Engineering, and Legal have all met and discussed the points of: • New construction - Will be compliant. • Reconstruction - Will be compliant with architectural barriers removed. Abel Alonzo asked how the City holds property owners accountable on sidewalks needing repairs. Leon Bazar replied that the City has Code of Ordinances in which the property owner is responsible for sidewalk repairs, but that the City may make the repairs as in case of utility work. • Surface treatment, milling, slurring - No upgrades made. Angel Escobar had received information from other cities doing the similarly. Linda Fallwell- Stover commented on it is interesting how lawsuits impact; not to just look fro the minimum letter of the law; would like to see the Committee have input. • The other piece is on the problems that we inherited like the subdivisions Development Services approved. Leon Bazar continued that through the recent discussion with City leadership meetings (City Manager and the Assistant City Managers), Bob Nix - ACM of Development Services indicated that there will be no more accepting subdivisions that are not ADA compliant, and that in line with this, Bob Nix is working on a new ordinance with a target date of February 2008. • ABC — Staff did contact the American Bank Center and ABC should be on the January 2008 agenda. Committee Questions: Lee Jones asked about the usable curbs, how other cities define this, and who defines usable. Leon Bazar said that this question was raised in learning what other cities are doing; deciding where to best use limited funding — on curb ramps still usable with proper slope, etc, but no dome or installing curb ramps where none exist but are needed for accessible path. David Ramos indicated that per the Chair's request he researched the Department of Justice's regulations and that he felt Leon Bazar was on point in terms of the definition, but added that it has to be real clear for future reference of "usability" for persons with disabilities, citing 28CFR35 151 B TITLE 11 of the ADA for municipalities. David Ramos also suggested that the Committee be part of decision making process, to avoid going back and forth, being clearer so that all are on same page. Department Activities — In response to Committee Members wanting to know more about what Human Relations does. Leon Bazar provided a report that is also shared with the Human Relations Commission. He distributed copies and provided an overview for month ending November 2007 in the areas of EEOC, HUD and ADA. Linda Fallwell-Stover asked Committee for Persons with Disabilities Summary Minutes — 12/0--)/07 Paue 6 of 8 how to get information on resolution of cases to know how staff is responding. Leon Bazar indicated that staff can provide some additional information on resolutions and can also utilize Members with certain expertise for input. • New Management Aide — Patsy Garcia will take over handling the minutes, agenda and added reminder calls. • ADA trash pick up service — Leon Bazar explained reasonable accommodation of special trash pick up crew service for persons with disabilities who cannot handle the trash cart and have no one in the household to take the trash cart to the curb. (Christina Fratila, Development Service, left at approximately 5:00 PM] • Other — Leon Bazar went over a list of other department activities, special projects, mediations, etc. [Margie Rose had to step away for a few minutes about 5:02 PM] B. Parks and Recreation Linda Fallwell-Stover gave Sally Gavlik a Latchkey complaint, which she said was sent to a Committee Member. The Chair asked for a follow-up report at the Committee's January 2008 meeting. Billy Delgado provided the staff report: • Heritage Park — working on curb cuts, ADA parking, and restriping of parking lot. • Senior Community Centers — ADA improvements to be done as part of Bond program. • West Guth Park's — path of travel trail will be extended, and will forward the trail plans to Leon Bazar. • CC State School field — design under review; working to get more viewing area; some redesign work. • Collaboration — Work with Human Relations and also does on-site ADA reviews on projects. • Staff training — staff attended the local TDLR training last week. • Emergency Preparedness — staff continues on the committee; 211; hot zones for evacuees/sites. • Bond Program — of the 15 parks in the bond program, only 1 remains to be completed; also preparing for next go around of 15 parks proposed for Bond 2008. • Committee Questions: Linda Fallwell-Stover asked about Rosa Valdez' concern of fencing a park. Billy Delgado indicating that the department is still working on this item, but will follow-up with her. David Walker asked about status of wetland improvements, and Billy Delgado indicated working with Engineering to address through a Job Order Contractor (JOC). Sally Gavlik stated if it becomes a larger scale project, then address through Bond program via Engineering; and trying to incorporate green technology; and plan to use enrichment funds for smaller park areas. [Billy Delgado, Sally Gavlik, and Margie Rose left at aprroximately 5:10 PM] Committee for Persons with Disabilities Summary Minutes — 12/0�/07 Page 7 of 8 C. Development Services No report; Staff no longer present. Moved to next item. VI. Subcommittee Reports A. ADA Title I — No subcommittee report at this time. B. Engineering — No subcommittee meeting; However, Mr. Gerald Tyler distributed the monthly status report on ADA projects; will soon include all projects; informed that an A&E contractor has been secured to handle ADA grievances, with more of a presentation to be done hopefully in January 2008. VII. Old Business None VIII. New Business • RTA ADA Compliance — Abel Alonzo mentioned that 94% of RTA bus stops are not ADA compliant per his discussions with David Seiler and that funding is limited. Abel Alonzo indicated that we [the disability community] have been patient rather than litigate. Therefore, he felt that the Committee should be patient with the other entities also being the City, now having communication with the Mayor, Council and City Manager and then also the Nueces County. He indicated a point of working together. He also suggested that the RTA's $1 M to the City General Fund should be designated with input from the Committee and the $500K to be used to participate in projects. David Walker suggested that the $1 M from the RTA be used to bring the path of travel to/from bus stops into compliance. Discussion item of the RTA $1 M to the City to be on the next agenda. • A commendation — David Walker spoke again about the success of the local TDLR training sponsored by the City and suggested that the Committee issue a commendation for putting on this training and funding the event. Discussion item of a commendation to the City to be on the next agenda. Leon Bazar gave special recognition to Council Member Leal [not present today] for attending the training. Gerald Tyler mentioned an ancillary benefit that 4 of 15 of his division staff attending this TDLR training and would now begin using this training in-house for the other employees as part of their staff development training. IX. Committee Concerns/Agenda Item Requests • Sponsoring Event - Stephen Presley commented on a wheelchair fundraiser he is planning for St. Patrick's Day 2008 hopes that teams will be sponsored per mile. Mr. Presley asked that this Committee/City sponsor a concert event, after he makes arrangements with the American Bank Center. • Funding Recommendation — Abel Alonzo suggested that the RTA's $1 M to the City General Fund should be designated with input from the Committee and the $500K to be used to participate in projects. Mr. Walker suggested that the $1 M from the RTA be used to bring the path of travel to/from bus stops into compliance. • Commendation — David Walker suggested that the Committee issue a commendation to the City for its successful hosting and sponsoring of the local TDLR 1 -day Training on 11/29/2007. Committee for Persons with Disabilities Summary Minutes — 12/OD/07 Paae 8 of 8 • Complaint Follow-up — The Chair asked for a Latchkey follow-up report at the Committee's January 2008 meeting. • Presentations - Gerald Tyler informed that an A&E contractor has been secured to handle ADA grievances, with more of a presentation to be done hopefully in January 2008. X. Announcements There were none. XI. Adjournment With no further business, Motion to adjourn was made by David Walker, Seconded by Able Alonzo. The Motion passed and the meeting adjourned at approximately 5:31 PM.