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HomeMy WebLinkAbout2011_0517_Agenda_MtgPacket MACFEA Mayor's Advisory Committee for Equal Access TUESDAY, May 17, 2011 12:00 pm MO'IKEHA Building, MEETING ROOM 2A/B 4444 Rice Street, Lihe, Hawaii 96766 MACFEA'S MISSION IS TO ASSIST THE COUNTY OF KAUAI IN ITS COMPLIANCE WITH THE FEDERAL, STATE AND COUNTY LAWS MANDATING EQUAL ACCESS MEETING AGENDA • Introduction of MACFEA members and staff • Approval of Agenda • Approval of March 1 , 2011 Minutes • Business • Mayor Bernard Carvalho, Jr.'s Holo Holo Vision Presentation • Suggestions from MACFEA Members on Recommendations for Goals and Objectives for 2011112 Fiscal Year (deferred 1/18/11) • Results of ADA Coordinator meeting with Mayor Carvalho regarding crosswalk enhancement in Koloa, accessible crosswalks and bus stops at or near all schools and libraries, accessibility of the Lydgate Beach Park pavilion stage and the recommended surface for Kamalani playground • The organization and composition of the MACFEA membership which requires that the Mayor have final approval of candidate selection • Feedback from the MACFEA membership on emergency preparedness for people with disabilities • Reports * County of Kauai ADA Coordinator's report DCAB report for April, 2011 and May, 2011 — Dr. Lucy * Members' reports • Announcements: Next MACFEA meeting: Tuesday, July 18, 2011 • Adjournment Cc: Marc Guyot, Deputy County Attorney If you need an alternate format or an auxiliary aid to participate, please contact Christina at 241-6203 {V/TTY)at least five(5)working days prior to the meeting. c Meeting Minutes — DRAFT Mayor's Advisory Committee For Equal Access (MACFEA) Tuesday, March 15, 2011 Mo'ikeha Building, Meeting Room 2A/13 4444 Rice Street, Uhue, HI 96766 Members present: Rita Manriquez — State Traumatic Brain Injury Advisory Board (STBIAB); Linda Nuland-Ames — Director RSVP, COK Elderly Affairs; El Doi — Kaua'i Developmental Disabilities Council (DDC); Roberta Eiben — Consumer; Elena Costales — Consumer, KCIL Volunteer; Laura Burman, Director Hawaii Red Cross; Sharry Glass — Advocate, Teacher/Trainer; Rhoda Rojas — Hawai'i Center for Independent Living- Kaua'i (HCIL); Ana Valdez (12:05 pm) — Family Advocate; Dawn Cummings — Family Advocate. Staff members also present: Christiana Pilkington — ADA Coordinator, Marc Guyot — Deputy County Attorney; Barbara Davis — Support Clerk; Paula Morikami — Boards & Commissions Administrative Aide. Captioner: Dodie Weiss - Caption First. Members absent or excused: Dr. Lucy Miller— DCAB (Disability and Communication Access Board) Board member; Betty Bell — Kaua'i Federation for the Blind; Kathy English — Hawai'i Disability Rights Center Call to Order Chair El Doi called the meeting to order at 12:00 pm with 9 members present; the 10th member joined shortly thereafter. Approval of Agenda Ms. Eiben moved to approve the agenda as circulated. Ms. Glass seconded the motion. Motion carried 9:0 Approval of January 18, 2011 Minutes Ms. Eiben moved to approve the minutes as circulated. Ms. Nuland-Ames seconded the motion. Motion carried 9:0 Business o Goals and Objectives for 2011112 Fiscal Year (deferred from meeting on 1/18/11) Ms. Pilkington suggested that the members create goals and objectives for the upcoming fiscal year which starts July 1, 2011. Does the committee wish to consider the frequency of the meeting schedule and whether to remain on a bi-monthly meeting basis or return to a monthly schedule; are there any changes that could be made to the meeting format that would make the meetings more efficient, and should they address access barrier removal on a monthly basis? Please bring your suggestions to the May meeting for discussion. MACFEA- March 15, 2011 Page 1 o Crosswalk enhancement in K61oa Ms. Pilkington explained that the County was working on a traffic calming project fronting K61oa Elementary School so that when a person wants to cross the street, they push a button and lights that are embedded into the asphalt of the road will blink warning motorists that someone is in the crosswalk. The problem with that selected crosswalk became apparent when a photograph taken at the blessing showed steps at one end of the road which made that crosswalk inaccessible to people with mobility challenges. When looking at a crosswalk, it should connect to an accessible route and if there is public transportation close by it should also connect to the public transportation. This particular crosswalk in K61oa is also very close to a bus stop which was in the transition plan and was renovated but technically it has not been feasible to bring that area into compliance because of various challenges with the road belonging to the County and the school property belonging to the State. Ms. Pilkington said her recommendation would be to look for a different site for the crosswalk and a different site for the bus stop because the current locations are not areas that can be brought into compliance easily and they do not support individuals with mobility challenges. Action: Ms. Glass moved that MACFEA send a letter to the Mayor informing him of their concern that all crosswalks and bus stops near or at a school and all libraries must be accessible, citing in particular the proposed changes to the crosswalk at K61oa School. Ms. Nuland-Ames seconded the motion. County Attorney Guyot said that the difficulty is when a situation involves both State and County properties such as with K61oa where the road is a county road that connects to a State school in which both the school and the library are run by the DOE (Department of Education). The County can make recommendations to the State because both the County and the State are under federal mandates to be ADA compliant with new projects and repairs and remediation on older projects are encouraged to be ADA compliant within the scope of their being able to. Ms. Pilkington said that the DOE (Department of Education) has their own transition plan and wondered if there were access considerations identified in their self-evaluation and transition plan. She will check to see if there is a schedule to remove some of the access barriers at certain schools. County Attorney Guyot cautioned that if the MACFEA were intending to inform the Mayor by letter, a draft of that letter would need to be an agenda item at the next meeting since it would need approval of the Committee and give the public the opportunity to provide input. ACTION: Ms. Nuland-Ames moved that Ms. Pilkington meet with the Mayor and share the concerns of the Committee (that all crosswalks and bus stops near or at a school and all libraries must be accessible, citing in particular the proposed changes to the crosswalk at K61oa School). Ms. Rojas seconded the motion. MACFEA- March 15, 2011 Page 2 Ms. Morikami advised the Committee that they had two motions on the floor, one to write a letter to the Mayor and the other to meet with the Mayor. The recommendation would be to withdraw the motion and the second on the motion to write the letter and approve the motion to meet with the Mayor. ACTION: Ms. Glass withdrew the first motion to send the letter to the Mayor. Ms. Nuland-Ames withdrew the second on the first motion. The motion carried 10.0 for Ms. Pilkington to meet with the Mayor. o Kamalani Park renovations / Lyclgate Beach Park pavilion access Ms. Pilkington said that she had placed a request for three new all-terrain beach chairs and their maintenance in her budget for fiscal year 2011/2012 since the existing beach chairs the County has are over ten years old and in disrepair. Also Parks and Recreation has purchased a lift to provide access to the stage in the large pavilion at Lydgate Park and they are writing a policy regarding its use. Ms. Glass questioned whether there was space in the pavilion for a permanent ramp rather than the lift. Ms. Pilkington thought that in following through on the transition plan, Parks and Recreation was providing program access as an interim solution until the County could bring the area into full compliance. However, some departments feel that the transition plan is the end-all without checking with people with disabilities to see if they can independently access the facility. Action: Ms. Glass moved that when Ms. Pilkington meets with the Mayor she also address the accessibility to the pavilion stage at Lyclgate and the MACFEA's recommendation of a permanent fixed ramp rather than a portable lift, Ms. Rojas seconded the motion. Motion carried 10:0 Ms. Pilkington said that Parks and Recreation was budgeting this year for wood chips to use at the Kamalani playground and there are those who insist that wood chips are an accessible surface. To make the wood chips into an accessible surface Ms. Pilkington thought the County would have to invest in a compressor to compress the wood chips and a sealant to put on them which does not seem feasible. Park maintenance staff shared that there is a new surface they are using at some of the other parks which is like turf, it feels grassy but it's not really grass and it is more expensive than wood chips. Action: Ms. Glass moved that when Ms. Pilkington meets with the Mayor she also recommend that the surface of wood chips at Kamalani playground be changed to a surface that is ADA compliant. Ms. Rojas seconded the motion. Motion carried 10:0 Reports o County of Kaua'i ADA Coordinator's report Ms. Pilkington will be attending a communication access conference of 0'ahu on Wednesday and then spending Thursday at the Legislature with the Developmental Disabilities Council. MACFEA- March 15, 2011 Page 3 o DCAB report for February, 2011 and March, 2011 Action: Ms. Glass moved to receive the DCAB reports of February and March, 2011 Ms. Manriquez seconded the motion. Motion carried 10-0 o Members' reports Ms. Rojas: A few weeks ago there were some accessible barriers on Rice Street along the sidewalk and the crosswalk between the bank and the post office. After I contacted the Roads Division they cleaned up the barriers the following day and I sent them an e- mail thanking them for a great job. I have also talked with Jerome Freitas, the Shadow, about how unsafe the crosswalks are on Rice Street leading across from the County Building and hope to report on this at the May meeting. The week of March 24th, HCIL (Hawai'i Center for Independent Living) is holding their last low-seated, strength-training fitness class to help people with disabilities gain their strength and become physically fit. HCIL's self-advocacy group will meet on March 22nd at the LThu'e Parish Hall. Ms. Glass: I would like to place on the May agenda, a request from Friendship House to consider having one of their members seated on the MACFEA committee. (As part of that discussion, MACFEA membership rules will need to be reviewed.) Ms. Nuland-Ames: The County is offering a brief course in Robert's Rules of Order and Parliamentary Procedure on Tuesday, April 5th at KCC from 9:00 a.m. to 11:30 a.m. and MACFEA members interested in attending should e-mail either Ms. Pilkington or Ms. Nuland-Ames as soon as possible since the class is limited to 25 attendees. Chair Doi: The DD (Developmental Disabilities) Council is sponsoring a Day at the Capitol on March 17 for approximately 26 people. We will be meeting with our legislators in their offices and they will be providing lunch for us. We will also be attending a House and Senate session and take a tour of the Capitol. The next DD Council is on the first Tuesday of April and we will be talking about assistive technology equipment. Ms. Valdez- I have been working with the Parks Department on more appropriately designed playgrounds for children such as swings that match the age group of the children that use that playground equipment and we hope to add swings for older children (and possibly even adults). Kapahi Park has been altered so the swings match better with the equipment and they added more toddler-safe swings. I have also talked with the Parks Department about painting the inside perimeter of the pavilion in a bright orange or yellow so people in wheelchairs or who are visually impaired can see when they are close to the edge and prevent someone from falling off. At Kapa'a Elementary School we are trying to get a ramp covered to protect people from rain and the school has also ordered a chair lift to access stairways. MACFEA - March 15, 2011 Page 4 Ms. Burman-. With reference to the recent tsunami, the Red Cross is working on getting financial assistance to Japan. It is not feasible to collect food or blankets because of the logistics and the infrastructure over there as well as with concerns for warehousing and distribution. To donate funds people can log on to redcross.org and click on the Japanese relief fund efforts. Locally, there were 11 schools and some neighborhood centers that were opened as holding areas and which would have transitioned into full shelters if needed. Ms. Burman asked that the May agenda include an item to receive feedback from the Committee on difficulties they may have encountered in terms of evacuation, transportation and getting to the holding areas and suggestions for improving those areas. It is our goal to be sure we have proper communication on what is happening, proper planning in times of disaster and to ensure proper services are being provided. The Red Cross' annual fundraiser is April 1, 2, and 3 at Wal-Mart and is called Hats Off. Any organizations that would like to volunteer to assist with this fundraiser should contact the local Red Cross. Ms. Manriquez: March 17 is the Traumatic Brain Injury Advisory Board meeting. I have also been appointed to the advisory board for HUD and we will be going over their plans for the next 2 years. Action: Ms. Burman moved to adjourn the meeting at 1:35 pm. Ms. Glass seconded the motion. Motion carried 9:0 MACFEA- March 15, 2011 Page 5 DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard,Room 101 -Honolulu. Hawaii 96814 Ph. (808) 586-8121 (V,!TDD)-Fax(808)586-8129 April 2011 Report from the Disability and Communication Access Board for City and County of Honolulu, Maui, Kauai, and Big Island Mayors Committees Maui, Kauai, and Big Island Developmental Disabilities Committees Disability Rights Hawaii Big Island Submitted by Francine Wai, Executive Director 1. Legislative Session Entering its Last Month: April is the last full month the Legislature is in session. There are a number of disability-related bills still alive, as listed below: Senate Bill 150 — Relating to Building Design for Persons with Disabilities: This bill would give DCAB the authority to charge a review fee to support the document reviews conducted under§103-50, Hawaii Revised Statutes. House Bill 916 — Relating to Parking for Persons with Disabilities: This bill would establish a revenue stream for the parking program for persons with disabilities from a $1 increase in the motor vehicle registration fee placed into a special fund. This bill would allow the parking program to be self sufficient, not dependent upon general fund appropriations. DCAB is also monitoring Senate Bill 1328 Relating to Motor Vehicles. Senate Bill 892 — Relating to Service Animals: This bill would clarify state law to be consistent with federal law as it relates to service animals in light of the new ADA rules issued by the Department of Justice. It makes changes in the housing section consistent with the Fair Housing Act and also amends the portions of the statute dealing with dog licensing, quarantine, and the criminal code as it impacts service animals. Senate Bill 893 — Relating to Information Access: This bill would appropriate $80,000 from the Enhanced 911 Fund to be used to support Newsline, an audio information service for people who are not able to use the print media. At the present time the bill designates DCAB to be the expending agency for the contract. House Bill 761 — Relating to Changing References in Hawaii Revised Statutes from Mental Retardation to Intellectual Disability: This bill changes references in the Hawaii Revised Statutes from "mental retardation" to "intellectual disability." Senate Bill 127 — Making a Grant for the Establishment of a Comprehensive Deaf Center: This bill appropriates an unspecified amount of money to establish a comprehensive deaf center. The expending agency is the Vocational Rehabilitation and Services for the Blind Division. Senate Bill 1417 — Relating to the State Rehabilitation Council: This bill reduces the number of people required to be quorum and conduct business, House Bill 758 - Authorizing the Issuance of General Obligation Bonds and Making an Appropriation for the Vocational Rehabilitation and Services for the Blind Division: This bill allows for bond issuance to fund renovations at Ho'opono. For more information, contact Debbie Jackson at debbra,iackson(C-),doh,hawaii.gov or Francine Wai at francine.waiadoh.hawaiigov. 2. Special Parent Information Network (SPIN) Conference (April 16, 2011): There's still time to register for the 25th annual SPIN conference, Red, White & Blue: SPIN's Tribute to You, scheduled at the University of Hawaii's Campus Center. For more conference information, contact Susan Rocco at susan.rocco@doh.hawaii.gov or Jan Tateishi at jan.tateishigdoh.hawaii.gov. 3. 21st Century Communication and Video Accessibility Act of 2010: The Federal Communications Commission issued a Notice of Proposed Rulemaking (NPRM)for this Act. DCAB has reviewed the NPRIVI and will be offering comments prior to the April 13, 2011 deadline. For more information, contact Kristine Pagano at kristine.paciano(d)doh.hawaii.qov or Charlotte Townsend at charlotte.townsend.@doh.hawaii.go . 4. EEOC Issues Final Rules on the ADA Amendments Act (ADAA): Finally on March 25, 2011, after nearly two (2) years, the Equal Employment Opportunity Commission issued their final regulations to implement the ADAA. The rules are effective May 24, 2011 and make the definition of a person with a disability less stringent under the law. Staff is beginning the review and analysis of the changes now. More information will be forthcoming. 5. U.S. Access Board Issues a Notice on Shared Use Paths: The U.S. Access Board seeks public comment (notice on March 28, 2011 with comments due June 27, 2011) on accessibility guidelines for shared use paths. Shared use paths are primarily designed for bicyclists and others for off-road transportation, such as commuting to work, as well as for recreation purposes, The U.S. Access Board seeks feedback on technical provisions of the paths, including surfacing, width, grade, cross slopes, changes in level, surface joints and openings, protruding objects, gates, intersections and curb ramps. This rulemaking will complement guidelines in progress for outdoor developed areas and public rights of way. DCAB is reviewing the notice and will be providing comment. For more information, contact Curtis Motoyama at curtis.motoyama@doh.hawaii.gov. 6. Our Recent Conferences were Successes! Congratulations to the staff, Kristine Pagano and the Standing Committee on Communication Access for a successful Conference, The Power and Influence of Accessible Communication on March 16, 2011 with one hundred (100) attendees. Congratulations to staff Mona Higa and Laurie Palenske and the Standing Committee on Facility Access for the day and a half(1-1/2) training, 2010 Design Standards, with Dave Yanchulis of the U.S. Access Board, on March 23-24, 2011 with two hundred forty(240) attendees. -------------------------------------------------------------------------------------------------------------------------- Don't forget to sign up for DCAB's four(4) E-bulletins For the Emergency Preparedness for People with Disabilities E-News, contact debbra.iackson(o-),dohhawaii.go . For the Facility Access E-Bulletin, contact laurie.palenske()doh.hawaii.qov. For the Communication Access E-Bulletin, contact kristine.paga,no@doh.hawaii.go For the SPIN Bulletin, contact iqo.tateishi@doh.hawafi.gov. DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard,Room 101 •Honolulu,Hawaii 96814 Ph. (808)586-8121 (V,ITDD)•Fax(808)586-8129 May 2011 Report from the Disability and Communication Access Board for City and County of Honolulu, Maui, Kauai, and Big Island Mayors Committees Maui, Kauai, and Big Island Developmental Disabilities Committees Disability Rights Hawaii Big Island Submitted by Francine Wai, Executive Director 1. Update on Legislation: As of the writing of this Update, two (2) bills that impact individuals with disabilities have already passed the Legislature and are awaiting signature by the Governor. They are: Senate Bill 892 — Relating to Service Animals: This bill would clarify state law to be consistent with federal law as it relates to service animals in light of the new ADA rules issued by the Department of Justice (DOJ). It makes changes in the housing section consistent with the Fair Housing Act and also amends the portions of the statute dealing with dog licensing, quarantine, and the criminal code as it impacts service animals. Senate Bill 1342 — Relating to Parking: This bill clarifies state law to allow a person to place a disabled person parking placard on the dashboard of the car if the car does not permit hanging of the placard on the mirror. DCAB is still actively following several other bills that have yet to be decided upon. We expect to know within the next week, as the Legislature winds down. Those bills are: Senate Bill 150 — Relating to Buildinq Design for Persons with Disabilities: This bill would give DCAB the authority to charge a review fee to support the document reviews conducted under§103-50, Hawaii Revised Statutes. House Bill 916 — Relatinq to Parking for Persons with Disabilities: This bill would establish a revenue stream for the parking program for persons with disabilities from a $1 increase in the motor vehicle registration fee placed into a special fund. This bill would allow the parking program to be self sufficient, not dependent upon general fund appropriations. Senate Bill 893— Relating to Information Access: This bill would appropriate monies from the general fund to support National Federation of the Blind-Newsline, an audio information service for people who are not able to use the print media. DCAB was designated as the oversight agency at one point, but the Legislature has now placed the responsibility with the Vocational Rehabilitation and Services for the Blind Division. House Bill 761 — Relating to Intellectual Disabilities: This bill would change the definition of mental retardation to intellectual disabilities in state law. For more information, contact Debbie Jackson at debbra.iackson�dggoDhnhawaii.gov or Francine Wai at.francine.wai(a)doh.hawaii._qov. 2. Conferences, Trainings and Workshops The 25th annual SPIN conference, Red, White & Blue: SPIN's Tribute to You, held at the University of Hawaii Campus Center, April 16, 2011 was a huge success with over four hundred (400) attendees, Congratulations to Susan Rocco and Jan Tateishi for a job well done!! Some recent training conducted by DCAB staff include: - Training to the Stadium Authority on the new DOJ ticketing procedures - Training to the City and County of Honolulu's Recreation Advisory Committee on the new ADAAG as it relates to recreation facilities - Disability awareness training to the Department of Land and Natural Resources' Hunter Education Program in response to a complaint by a consumer who is deaf - Training to the Hawaii Medical Center-West security and management personnel on issues relating to service animals - Speaking on a panel for a conference of the National Federation of the Blind with a speaker from DOJ on the issue of service animals - Twelve (12) statewide trainings on the new 2010 Standards for Accessible Design, primarily for the architectural and engineering community - Two (2) trainings to the Department of Health and University of Hawaii-Hilo on how to use a TTY - Presentations on ADA Title 11 Communication Access and ADA Title I Reasonable Accommodation at the DCAB Communication Access Conference 3. DCAB Proposes to Revise Communication Access Rules: DCAB is the administering agency for state rules for utilization of communication access services (such as ASL interpreters) by state agencies. The rules set up the criteria for the Hawaii Quality Assurance System {HAAS) credential levels and also provide a recommended fee schedule. The proposed amendments include changes to amend the recommended fee schedule for interpreters, to establish a continuing education program for sign language interpreters who receive the HAAS credential, and increase the HAAS test fee from $200 to $300 in increments of$50 over a two (2) year period. For more information, contact Kristine Pagano at kristine.r)aciano(a-)doh.hawaii.ciov, 4. U.S. Access Board Issues a Notice on Shared Use Paths: The U.S. Access Board seeks public comment (notice on March 28, 2011 with comments due June 27, 2011) on accessibility guidelines for shared use paths. Shared use paths are primarily designed for bicyclists and others for off-road transportation, such as commuting to work, as well as for recreation purposes. The U.S. Access Board seeks feedback on technical provisions of the paths, including surfacing, width, grade, cross slopes, changes in level, surface joints and openings, protruding objects, gates, intersections and curb ramps. This rulemaking will complement guidelines in progress for outdoor developed areas and public rights of way. DCAB is reviewing the notice and will be providing comment. For more information, contact Curtis Motoyama at curtis.motoy maadoh.hgw ------------------------------------------------------------------------------------------------------------------------- Don't forget to sign up for DCAB's four(4) E-bulletins For the Emergency Preparedness f©r People with Disabilities E-News, contact debbra.iackson@doh.hawaii.-go . For the Facility Access E-Bulletin, contact laurie.palenske@doh.hawaii.gov. For the Communication Access E-Bulletin, contact For the SPIN Bulletin, contact jan.tateishiadoh.hawaii.qov,