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12-16-1998v u ADA Advisory Board Meeting Minutes December 16, 1998 Board Members Present: Bob Evans, Ramon Armendariz, Yolanda Thompson, Cesar Rodriguez, and Kathe Stark Board Member Absent: Larry Sharp, Andrea Peters, and Tomas Mendez Others Present: Patrick Maestas, Hadi Bargi - Rangin and Minerva Garcia Introductions Ramon Armendariz called the meeting to order at 4:10 p.m. Approval of Minutes Bob made a motion that the November minutes be accepted without modification. Seconded by Yolanda. No further discussion heard, minutes approved unanimously. New Business Cesar inquired if Kathe was still receiving phone calls on the trash cans placed on the sidewalks. Kathe reported she was and would discuss the PSA later in the meeting. Cesar asked if Kathe had heard any more from the individual on San Pedro who requested sidewalks in his neighborhood. Kathe stated the individual he is referring to lives on Campo, not San Pedro. During the Bond Presentation he spoke, stating there was a blind person who in that neighborhood walking Campo in the street because there are no sidewalks. He was looking for some assistance from the City to put sidewalks in that area. Kathe reported Campo was noted as a street where a disabled person resides for future consideration of sidewalks. Kathe reminded the board that the ADA does not require installation of new sidewalk, only that where sidewalks exist they be made accessible. Cesar reported he had been trying to reach the resident but had been unsuccessful. Yolanda asked the Board if they would be willing to draft a resolution of appreciation for the City Council, recognizing what the City has already accomplished, like the accessible utility bills. Yolanda said she would be happy to rough draft a Resolution if the Board would be interested in submitting one. The purpose would be to express gratitude. She was impressed at their efforts in having accessible bills. Kathe said that it is always important let leadership know when they do something well and that it is appreciated, otherwise all they hear is negative. Bob asked for clarification. Yolanda informed him that the utility bills from the City, on August 24, stated they were available in alternative formats and provided a telephone number to call. Yolanda reported there are blind residents who are now getting their bills in an alternative format. Hadi asked if 1 the alternative format was electronic format. Kathe said the bills are transmitted electronically as the alternative format to these residents by Customer Service. Ramon stated, that if there was no objection, he would ask Yolanda to draft up a Resolution recognizing the City's efforts in this area. Yolanda said that she would be able to draft a Resolution to bring to the Board at the January meeting. Yolanda made a motion to submit a Resolution to commend the City for making alternative format utility bills available and provide a rough draft for the January meeting. Bob seconded. No further discussion heard. Motion passed unanimously. Cesar asked if Patrick had been appointed to the empty seat on Advisory Board. Kathe apologized to Patrick and explained that his appointment form had been misplaced and another copy has been sent to the Mayor's office. The appointment should be considered at a January Council meeting. Kathe asked that if someone volunteers to take on a task and cannot come to the next board meeting that the information be forwarded prior to the meeting so that it can come to Board as scheduled. Members presented agreed. Kathe invited the Board to the Branigan Cultural Center on January 19, 1999. The State Construction Industries Division and Governor's Committee on the Concerns of the Handicapped and the International Conference of Building Official for this region are going to be sponsoring accessibility training all day. Aimed largely at architects, plan reviewers, and building inspectors, it is open to anyone who wants to understand the building codes. Cesar asked if the new ADAAG will be ready. Kathe advised that the new ADAAG will not be ready until next summer. The State has now adopted the new ANSI, New Mexico Building Code, and the Uniform Building Code. Kathe explained that, from her review of the existing New Mexico Building codes and the proposed ADAAG, they are very close so it will be less confusing to comply. Kathe advised the Board that in January she will be going to Roswell, New Mexico to discuss their ADA compliance efforts and how their Commission on Disability interfaces with City staff and the governing body. Kathe reported she has been talking to other New Mexico municipalities about their ADA efforts, as well. Patrick asked if after her trip she could report to them on the Roswell operations. Kathe agreed to put that on the next agenda for a report and discussion. Ramon brought in the Proclamation he received on behalf of the disability community in October, proclaiming October, 1998, National Disability Awareness Month. Kathe read it to the Board so all would know what was said on it and she will put it up in her office. Trash Pickup - Disabled Services Kathe informed the Board that they can not address this issue today because Andrea was going to inquire of Albuquerque and El Paso how they are handling this situation and she is not present at this meeting. V J Yolanda asked how severely this service is being abused. Kathe reported that the Solid Waste Department feels it is serious enough to warrant some steps to determine if everyone currently receiving the service actually needs it. In the past, when someone telephones and requests the service, the department has provided it. The concern has arisen when drivers are picking up the containers and the resident is mowing the lawn or putting up Christmas lights. As discussed last month, there could be people who temporarily needed that service who no longer do, yet have not been removed from the list. As a result, the list just grows. Bob inquired if there is any way to purge the list. Maybe, Andrea was going to inquire how other cities handle this. Relocation of Traffic Control Devices Kathe reminded the board of the discussion of this item last month. The issue revolves around what occurs when the City is moving traffic control devices currently located within the sidewalks and where they subsequently get placed. Kathe handed out some maps of intersections for the Board, and made some 3 dimensional maps so Yolanda and Hadi could further understand the situation as it applies to persons with visual impairments. Kathe referred to the page depicting an intersection on collateral streets. Collateral streets are supporting and residential streets. Arterial streets are main streets. Kathe continued that on these types of streets, the City has a design standard which incorporates a curb ramp that is broad with a curb behind it, (not like those on University or the Downtown Mall). Jordan, Griggs and May are streets which have this type of ramp, a newer design than those constructed earlier. There is not a great deal of traffic on these streets and in, most cases, there is no control devices, other than stop signs. Kathe offered the recommendation that the traffic control device, if present, always be located directly behind the curb ramp. Hadi asked if that would be the standard for the collateral streets. Yes. The curb ramps of this type are much broader, spanning the center section and provide a landing that is perpendicular to the roadway, pointing direction. The traffic control devices, because they cannot be located on the sidewalk, stay directly behind the curb ramp. The sidewalks are 3 or 4 feet wide. In this situation the traffic control device is put in the standard location and persons with visual impairments can locate it where customarily located. If there is no right -a -way behind the curb ramp or there is a retaining or there is a retaining wall, then the traffic device has to be moved down the street. The recommendation in these situations would be: 1) Purchase the longer extension arms so the lights are over the lanes of traffic as required; or 2) Install a supplemental pole behind the curb ramp with the pedestrian crossing located on it. Bob said that they could mount it to the building, that he has seen it done in other parts of the country. Kathe said that the only way that they could do that is with the building's owner permission. She also stated there are few, if any, intersections where this would be an issue. Bob said that it is going to start to occur in the residential areas, like in the Mesquite District where there was no property lines. c u Kathe continued to the diagram of an arterial square intersection. The arterial roadways are the major thoroughfares in the City. On the arterial intersections the current design standards require 2 curb ramps at each corner. The one center curb ramp is no longer installed on arterial streets. There will be the 8 curb ramps at these intersections versus the one. To address the issues raised by some in the blind community, the recommendation for location of the traffic control device would be the same as on collateral streets. In both options, the traffic control devices would be directly behind the apex of the corner, where people are accustomed to finding them. Yolanda expressed concern about mounting activators on buildings because it presents another variable, especially for young blind children. Kathe stated in the Mesquite District, there are not the type of traffic control devices being considered, there are 4- way or 2 -way stop signs. Kathe will inquire of Engineering if there are areas where traffic control devices are used but there is no right -of -way. Yolanda advised the Board that it would be alright for the adults and people out of town to introduce another variable but for the young blind children it might not. There is going to be a Orientation and Mobility Instructor starting work here in January next year. Another variable can get really confusing for young children. Kathe said that if they identify areas where they have no place to put the device, it could be more problematic because there will be no predicting where the activator is. With having the device or the supplemental pole there it will help. Bob asked if they should add a note that should there be a wall or a private property structure that is in the place of where the pole should be, to try and mount something on that wall and negotiate with that property owner. Kathe said that way it will be in the same place and Bob and Yolanda agreed. Kathe continued to a diagram of an arterial road that is not square. One of the recommendations that has been discussed with Engineering, is to locate the curb ramps in such a way to force the intersection to be square. This is not allowable under traffic regulations because when you move the pedestrian walkway, you have traffic turning that cannot see pedestrians. Kathe continued that given that restriction, what method can be put in place to provide directional cues to someone that cannot see. Kathe advised the Board that the City will research and possibly mock up a parking lot with truncated domes as a possible way of providing these cues. The placement of these domes may be problematic because in standard installation, a person using a cane can swing the cane and miss every single dome. If they are placed on either side of the curb ramp for a distance of 2 -3 feet and placed 4 -5" apart, they may provide enough directional cures. Yolanda asked what material that they are made of and Kathe said that they are steel based with a hard plastic dome. On arterial streets, the two curb ramps at each leg of the intersection have a level landing at the top of that ramp which is perpendicular in order to give directional cues. The potential here of doing what they do in cold climates is using concrete and a block pattern cut into concrete, isn't very feasible. New Mexico heat softens the asphalt and it starts to roll. In addition, it is extremely costly. Yolanda asked if there are still going to be 2 separate ramps and said yes on arterial streets. Yolanda asked if they were going L J to go straight across. Yes. Kathe reported that by next Thursday, one lane of Solano and Spruce reconstruction will be done. She and one of the Engineers will go out to see the placement and she asked for a volunteer from the visually impaired community to join them and assess the new design standard. Bob asked if this would be an intersection where they should look into the audible system. Yolanda and Hadi both agreed that this would not be a good idea because the intersection is too busy. If someone wants to try the audibles, Kathe recommends going to Locust and University. Close your eyes. It a square intersection, but you cannot determine where the sound is coming from because of the environmental factors that reflect sound. Audibles are not always a good solution. Ramon asked why they don't install speed bumps. Bob explained the first person that goes across it and gets damage to his car and sues the City for the damage. Kathe agreed. Speed bumps in roadways is not allowed by federal regulations. Kathe said that it would be helpful to have someone who is visible impaired to meet at Solano and Spruce, with the standard of the 8 ramps, and see how it would works. There are not many intersections that have that configuration currently. The point made about audibles is will taken and there are times they will be helpful. There are also requirements for mounting them at the appropriate height to be effective. At other times, where there is so much noise and environmental factors that send the sound bouncing, audibles are not effective and may be dangerous. Bob said they are probably most needed during the most busiest traffic. Kathe advised Bob that when it is the busiest traffic is when they are least needed because with the amoount of traffic persons who are blind can hear the flow of traffic and cross safely. Hadi advised the Board if the audible is mounted on the right place, it will work. Kathe advised that research materials on the new audible technology has been requested from various sources and will be reviewed upon receipt. The board can assist in this process and recommending the best technology for the intent. Yolanda asked if this issue could be tabled until they see the Spruce and Solano intersection. Cesar seconded. Resolution tabled until next month. Public Service Announcements on Trash Containers Kathe updated the board on the PSA's with the message of 'Takin' it to The Streets, Not on the Sidewalks' to address the issue of trash containers on the sidewalks. The commercials are done, there is no voice, just the song and the message. There is a 30 second and a 10 second spot and the Las Cruces and El Paso stations have agreed to start airing it January 1 st. They will put them on their rotation and they will be doing some radio spots starting January 1 st. Kathe showed the Board the hang tags that were printed. The Solid Waste drivers will be equipped with these and they will also see the video, so they do not put the containers on the wrong place. The purpose is to educate the public and ensure pedestrians can use the sidewalks and not have to go into the street to proceed. Yolanda asked if the containers can be put behind the sidewalk. Yes. Kathe advised the Board that the arm of the truck can reach up to 6 feet. u u Kathe said that the City of Albuquerque has an ordinance that if trash cans are not placed in the street along the curb, they will not get picked up. Kathe also asked it she could refer Mr. Jack King to them. Kathe is trying to get the Sun News to write a positive story on the effort. Yolanda and Bob offered to talk to him about the issue if Jack will proceed with a positive story. Status Report on Work Session Cesar reported he was advised by Maria Montoya, the Mayor's secretary, that the board needs to have an agenda if requesting a meeting with the Council. Ramon said that he would like to have a work session with the Council and is going to leave the topic open for discussion. Yolanda said that it was her understanding from the October meeting. The purpose of the request was to let the Councillors know what the Board can do to assist them, learn how they preceive the board and how the Council can benefit from the assistance of the Advisory Board. Kathe reported that in April, when they extended the invitation to the Mayor, the agenda was: 1. An opportunity to dialogue on the accessibility issues, including the Mayor's vision on the City and how access fits into that vision; 2. Any ADA concerns that he may have; 3. How the Board can assist him and other City leaders and staff respond to the needs of the disability community; and 4. What role the Board can play in assisting City leadership understand ADA and the need of persons with disabilities. Bob said that nothing has changed from that time. Yolanda said we need to take the edge of the perception of the disability community. Cesar asked if they could take that letter and just change the date on it. Yolanda asked about having a Council member present at each meeting, not necessarily the same one. Yolanda and Ramon recommended inviting the Council to the March meeting. Kathe reported that the City of Roswell has a City Councilor on their Commission to learn more and know what they are doing and carry it back to the other Councilor's. Yolanda said it would be nice to have a have a Councilor in attendance at their meeting, if their schedules permitted. Agenda Setting Bob suggested the Resolution that has been proposed thanking the Council. Yolanda added the disabled trash service issue needs to be included with Andrea's report. Yolanda added the need to discuss how to meet with the Council. Report on the visit to the Solano and Spruce intersection. Ramon asked if there was anymore business. None heard. Bob made a motion to adjourn the meeting. Seconded by Cesar. No further discussion heard. Meeting adjourned at 5:55 p.m. Respectfully submitted Kathe Stark ADA Coordinator tz� J NEXT MEETING: January 19, 1999 4:00 P.M. - 6:00 P.M. BRANIGAN LIBRARY, DRESP ROOM A If you need an accommodation to attend and participate in this Board meeting, please contact the City ADA Coordinator at least 48 hours in advance at 528 -3401N or 528- 3701 /TTY. Am ADA ADVISORY BOARD AGENDA January 19, 1999 1. Approve Minutes 2. Call for New Business 3. Resolution of Appreciation for the City Council 4. Disabled Services - Trash Pickup 5. Spruce /Solano Visit Discussion 6. Roswell Trip Update 8. Agenda Setting IE j c d L Cr O N7E U J ADA ADVISORY BOARD MEETING December 15, 1998 Sign In Sheet ADDRESS (* optional) PHONE NUMBER (* optional) i %o * Optional if wish to be put on mail list. c; ANA BNIethi _! Medical Information — Action Alert J Date: December 1998 All employee medical information must be retained in separate, confidential files and not in employee or personnel files. All employee and personnel files must be reviewed and any medical information identified in those files must be sent to Don Brooks, Human Resources, for proper retention. This includes medical information on an employee's occupational injury or workers' compensation claim. There are no exceptions. When an EEOC complaint is received, a copy of the personnel file is requested and must be sent. This is not the time to discover that medical information is improperly retained in a personnel file. Please check your files. Sidewalks are for Pedestrians The City is responsible to ensure sidewalks are usable by persons with disabilities and others. Obstacles on sidewalks pose barriers and often result in pedestrians having to travel in the roadway. Shortly, the City will be airing a television and radio PSA asking residents to place their trash containers either in front of or behind the sidewalks to allow pedestrians to travel freely. As City employees, we also have a responsibility. If crews are working in the roadway and need to set up traffic warning signs, please have them placed in the roadway rather than on the sidewalks. If roadwork is going to interrupt access to established curb ramps, please use a metal plate, or other similar surface to bridge trenching operations so pedestrians can use the curb ramp. At times, sidewalks work necessitates sidewalks to be closed. Warning signs should be placed at the preceding intersection to alert pedestrians that they need to cross the street at the intersection. Focus On Performance An employee is having performance difficulties and tells you they have not been feeling well for some time and have seen a doctor. What do you do? 1. Focus on performance not health issues. Review the areas of performance deficits and identify expectations with the employee 2. Inform the employee that if s/he needs something from you to meet the requirements of the position, they need to make that request. 3. Remind the employee of the availability of EAP. 4. Document only performance issues not health issues. (See Medical Information above) v Who's the Employer? A common misconception: If the City does not pay the salary or a worker, the City is not the employer. In most situations, this is not true. Individuals who work at City facilities who are clients of programs or staffing firms typically qualify as "employees" of both the program/staffing agency, the City or both as joint employers. Both the program/staffing firm and the City share EEO responsibilities and may not discriminate against a worker on the basis of race, color, religion, sex, national origin, age or disability. Even when the City does not pay the salary of a worker, such as through the SER Program, Excel Program, JTPA or Title V, we are the employer because we have the right to control when, where and how the worker performs the job; the work is performed on our premises with our tools or equipment, we can terminate the worker if his/her services are unacceptable, and the work is part of the City's regular business. The City may not discriminate against the worker nor can it interfere with the worker's employment opportunities with the program/staffing firm. If any form of discrimination occurs, the City is liable. How does this apply to ADA? Consider the following scenario: The City agrees to accept an Excel student to assist with clerical duties within a department. The students work performance is poor and after 3 -4 weeks, the supervisor notifies the Excel Program that the student seems very depressed, too depressed to be working, and asks the Program to remove the student. In this situation, the City did not address performance issues but made a `medical' decision, absent any medical information, that the student was too sick to be working. In doing so, the supervisor violated the ADA by regarding the workers has having an impairment that disqualified him/her from working. The end result is discrimination on the basis of disability under the "regarded as" standard. How to Handle? Focus on performance not health. Document performance deficits, inform the employee of the job expectations and if supervisory assistance is needed the employee needs to ask for that assistance. If performance does not improve, notify the program that the student is not performing adequately and recommend removal from the site. Mounting a Public Notice? When mounting a public notice or job posting, take a few extra minutes to place it f at a height that everyone can read and benefit from the document. The highest text F..A. A. A ALA should be placed no higher than 60" above the floor for maximum readability. Ili There must be a 30" x 48" clear floor space in front of the notice area unobstructed by furniture and outside the swing of a door opening. G J Questions and Answers About ADA in Employment Numerous questions about the requirements of the ADA in employment have been asked. Below is a sampling of those questions and their answers. When is an Employer Required to Consider Making a Reasonable Accommodation? An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement is generally triggered by a request for some change in the workplace from the individual with a disability. The employee does not have to use any special words (i.e. "reasonable accommodation ") for the employer to have the obligation to consider a reasonable accommodation. However, the employee does have to provide enough information to let the employer know that an accommodation might be needed. For example: If an employee reports difficulty getting to work on time because of chemotherapy. This report of difficulty is to be considered a request for a reasonable accommodation and the Reasonable Accommodation Policy followed. If an employee requests time off for a reason related or possibly related to a disability (e.g. `I need six weeks off to get treatment for kidney failure.') the employer should consider this a request for a reasonable accommodation, according to the EEOC. If the individual does not make a request, the employer is not obligated to provide an accommodation except where the individual's known disability impairs his/her ability to know of or effectively communicate a need for an accommodation that is obvious to the employer. It is not the employer's responsibility to go looking for employees with disabilities, and can be dangerous because the employer may enter the "regarded as" portion of the ADA. Is an employer required to reallocate an essential job function to another employee as a reasonable accommodation? No. A qualified person with a disability is an individual who can perform the essential job functions with or without a reasonable accommodation. An employer may be required to reallocate marginal job functions as an accommodation, but not essential functions. yAvoid Confusion and Duplication Does the parking lot at your facility need re- striping? Thinking of replacing door hardware? Purchasing some new furniture or a park bench for a public area? ADA impacts upon nearly everything we do. To avoid duplication of cost and the need to re -do improvements, Ip ease check with the ADA Coordinator on requirements before proceeding.