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HomeMy WebLinkAbout2011_0719_Agenda_MtgPacket MACFEA Mayor's Advisory Committee for Equal Access TUESDAY, July 19, 201'1 12:00 pm or shortly thereafter MO'IKEHA Building, MEETING ROOM 2A/B 4444 Rice Street, Lihue, 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 • Call to Order • Introduction of MACFEA members and staff • Approval of May 17, 2011 Minutes • Business * Election of Chair and Vice Chair for FY 2411-2012 o Suggestions from MACFEA Members on Recommendations for Goals and Objectives for 2011/12 Fiscal Year (deferred 1118/11) • Identify county projects or areas requiring MACFEA oversight • Identify access concerns regarding projects listed in the Mayor's Holo Holo Vision (Hold Holo Actions attached) • Need for high-speed internet (Wi-Fi / Hi-Fi) availability in all county facilities to provide access to county information and activities for people who rely upon on line captioning (text) or online video interpreters * Kamalani camping area update * Feedback from the MACFEA membership on emergency preparedness for people with disabilities— Laura Burman (Deferred to July 19, 2011) * Status of bus subsidy possibilities for Bus Riders with disabilities * Rice Street Crosswalk concerns • Reports DCAB report for June, 2411 and July, 2411 — Dr. Lucy * Updates / Announcements • Announcements: Next MACFEA meeting: Tuesday, September 20, 2011 • Adjournment If you need an alternate format or an auxiliary aid to participate, please contact Christina at 241-6203 J (t'/TTY)at least five(5)working bays prior to the meeting;. (€ Cc: Marc Guyot, Deputy County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: MACFEA Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Uhu'e, HI 96766 e-mail: bdavis@kauai.ciov Phone: 241-4919 Fax: 241-5127 If you need an alternate format or an auxiliary aid to participate, please contact Christina at 241-6203 {Y/TTY)at least five(5)working days prior to the meeting. Meeting Minutes - DRAFT Mayor's Advisory Committee For Equal Access (MACFEA) Tuesday, May 17, 2011 Mo'ikeha Building, Meeting Room 2AIB 4444 Rice Street, Uhu'e, 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 (12:00- 1:27 pm) - Consumer; Elena Costales - Consumer, KCIL Volunteer; Laura Burman (12:11-1:05 pm) - Director Hawai'i Red Cross; Rhoda Rojas - Hawai'i Center for Independent Living-Kaua'i (HCIL); Ana Valdez - Family Advocate; Dawn Cummings (12:00 pm - 1:27 pm) - Family Advocate; Dr. Lucy Miller (12:11 - 1:51 pm) - DCAB (Disability and Communication Access Board) Board member: Betty Bell - Kaua'i Federation for the Blind. Staff members also present: Christiana Pilkington - ADA Coordinator; Marc Guyot - Deputy County Attorney; Barbara Davis - Support Clerk; Paula Morikami - Boards & Commissions Administrative Aide. Captioner: Heather Theriaque - Caption First. Members absent or excused: Kathy English - Hawai'i Disability Rights Center; Sharry Glass -Advocate, Teacher/Trainer. Guests: Mayank Bishnoi, intern in the Mayor's Office; Jordan Valdez - 2011 Muscular Dystrophy Association Goodwill Ambassador Call to Order Chair El Doi called the meeting to order at 12:02 pm and welcomed Mayor Bernard Carvalho, Jr., to address the MACFEA committee on his Holo Holo 2020 Vision. Business o Mayor Bernard Carvalho, Jr.'s Holo Holo Vision Presentation Mayor Carvalho began by thanking everyone for their work and representation on the Mayor's Advisory Committee which is an important committee for him. In sharing his Holo Holo 2020 Vision, the Mayor pointed out that the logo, which includes a slipper, a bicycle and an electric car, was developed to brand this vision as moving forward; the initiative is for people to want to jump on board and become a part of this vision while growing Kaua'i responsibly. The five areas that this Administration has focused on is 1) supporting our economy, 2) sustainability; 3) planning wisely for our future-, 4) caring for our communities which include our families, our residents and our tourists and; 5) customer service. After explaining the structure of the Administrative Office, Mayor Carvalho pointed out how he and the Managing Director, the Office of Boards & Commissions and the Communications Office are moving towards building a strong working relationship with MACFEA- May 17, 2011 Page 1 the County Council, which is the Legislative branch of our County government, and being more accessible to the people by creating a truly user-friendly government. Mayor Carvalho discussed many of the 38 projects covered under the Holo Holo 2020 Vision which have been assigned to various departments, some of which have shared responsibilities between the County, State and the Federal governments. The Holo Holo 2020 vision calls for all organizations, businesses, residents and visitors on Kaua'i to be part of creating an island that is sustainable, values our native culture, has a thriving and healthy economy and has a reasonable and user-friendly local government — one which will grow Kaua'i responsibly. In response to questions from the membership, Mayor Carvalho agreed to look into: 1) accessibility of high-speed communications in all of the County's meeting spaces; 2)job opportunities for people with disabilities; 3) a more equitable paratransit schedule-, 4) County subsidized bus passes for people with disabilities Chair Doi called the meeting back to order with 10 members present Approval of Agenda Ms. Bell moved to approve the agenda as circulated. Ms. Valdez seconded the motion. Motion carried 10:0 Approval of March 15, 2011 Minutes Ms. Manriquez moved to approve the minutes as circulated. Ms. Bell seconded the motion. Motion carried 10:0 Business (continued) o Suggestions from MACFEA Members on Recommendations for Goals and Objectives for 2011112 Fiscal Year (deferred 1/18111) Action: Ms. Rojas moved to change the meetings from a bimonthly basis to a monthly basis. Ms. Eiben seconded the motion Ms. Valdez said because she teaches at Kaua'i Community College, it would be difficult for her to skip classes on a monthly basis. Ms. Pilkington said if the committee felt there was enough business to have a monthly meeting, the staff would definitely support their efforts. Dr. Lucy suggested one of the goals for the coming fiscal year would be for the committee to either provide education to the various departments or come up with something to advise the Mayor or whoever is in charge of facility planning regarding communication access. Ms. Nuland-Ames said around eight years ago the County was involved in various lawsuits, transition plans and education for every department but there is not nearly that type of business right now. Also it seems there is less problem of achieving a quorum NOW-- MACFEA- May 17, 2011 Page 2 now that we meet every other month. As to budget, it is already locked in for fiscal year 2011-2012 so MACFEA can't add new projects to it. However, outreach and education to make communications more accessible could be considered without impacting the budget. Motion to change to a bimonthly meeting failed 1 aye (Rojas):9 nayes ACTION: Ms. Bell moved that MACFEA consider the Complete Streets plan for the County at the next meeting. Ms. Manriquez seconded the motion. Motion carried 10:0. (Ms. Pilkington to ask Bev Brody who spearheads the Complete Streets plan to address the committee in July) o 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 1. Crosswalk enhancements in the vicinity of K61oa School The Department of Public Works will be establishing a new cross walk fronting the existing bus stop at K61oa School that will connect the bus stop pad via a painted route in the public right of way on both sides of the street. Accessible connections (ramps) and traffic calming elements (embedded lights) will be installed at another Po'ipFJ Road crosswalk to allow for safer accessibility to the school and library. Public Works will also be addressing safety issues at the elevated portions of the existing sidewalk by constructing a railing or some kind of curb protection. 2. Lydgate Beach Park pavilion stage access The County will continue to use the hydraulic lift as an interim program access solution at the Lydgate Beach Park pavilion stage. However, the Department of Parks & Recreation will initiate a review for the design and cost for constructing a permanent ramp to the stage for consideration and funding in the 2012-13 fiscal year Capital Improvement Budget. 3. Kamalani Park playground The Department of Parks & Recreation Department will be replacing the existing wood chip surface at Kamalani Playground with a vinyl product that looks like grass. This vinyl surface is similar to the playground surface that is currently installed at the Puhi and Omao Parks and Wilcox Elementary School. Due to budget constraints the County will install the ASTM and ADA compliant vinyl surface in two phases. Phase one will be completed in the 2011-2012 fiscal year and connect a route to the play elements in the Kamalani "tot lot". The second phase which is planned for fiscal year 2012-2013 will complete the surface installation in the remaining playground area. MACFEA- May 17., 201...1 Page 3 4. All-Terrain Chairs The County is in the process of purchasing replacement Landeez All-Terrain chairs at Lydgate, Po'ipQ, and Salt Pond Beach Parks to provide continued beach access to the beach parks for people with mobility challenges. Action: Ms. Bell moved to receive the report. Ms. Manriquez seconded the motion. Motion carried 10:0. o The organization and composition of the MACFEA membership which requires that the Mayor have final approval of candidate selection Attorney Guyot explained that the Mayor is able to create advisory committees pursuant to the charter which gives him the final approval of candidate selection. There was discussion on the difference between holding a public hearing to make changes to the rules versus placing something on the agenda for public comment that does not affect the Committee's rules. Action: A motion was made and seconded that the Mayor retain the final approval of candidate selection; both the motion and second were withdrawn because there was no change to the rules. o Feedback from the MACFEA membership on emergency preparedness for people with disabilities Ms. Pilkington explained that prior to leaving the meeting Ms. Burman had asked that this item to be placed on the July agenda. Action: Ms. Manriquez moved to defer this item to the July meeting. Ms. Nuland-Ames seconded the motion. Motion carried 8:0 Reports o DCAB report for April, 2011 and May, 2011 — Dr. Lucy Dr. Lucy said the current session of the Legislature has ended and two pieces of legislation passed which are on the Governor's desk; he is not expected to veto either one. The first relates to service animals which will update the law to comply with the Federal ADA guidelines and firm up the language by taking out a lot of the confusion and ambiguity. The second piece of legislation is on the placement of the parking placards for motor vehicles. DCAB's request for a $1 increase in the driver's license or car registration to help make the special permits more self-sustainable did not make it through but the Department of Motor Vehicles request for a fee hike did and DCAB is planning to work with them to see if a portion of that fee can help cover the cost of the placards. MACFEA- May 17, 2011 Page 4 o Members' reports Ms. Bell said the Federation for the Blind has been working with Ryan at the State Building to get a bench which would be bolted down so it can't be moved around and hopefully with a shelter for the area where they wait for the paratransit bus. By March, 2012, ATMs will have to be accessible to the blind by using some type of an earphone because even with Braille it is pretty easy to make a very costly mistake. Also there is an artist named Naomi Olsen who is preparing a collage of photographs of the blind of Hawaii called "Seeing from the Heart". We have asked her for a photograph that we can take to the national convention in Orlando in July because she has included people from Kaua'i in her collage. Ms. Manriquez reported that the State Traumatic Brain Injury Advisory Board held their meeting on May 13 and Dr. Rossi from the University of Hawaii, who is doing a concussion study, reported that there are more girls with sports related concussions than boys. Ms. Nuland-Ames thanked the Office of Boards and Commissions for sponsoring a wonderful seminar on parliamentary procedures. The handouts from that seminar bring a lot of clarity to the structure and empower the people who attend various committee meetings. Ms. Rojas reported that in March she had talked with the Mayor and the Shadow (Jerome Freitas) and recommended the County put better signage at the crosswalk on Rice Street by the County Building. The Mayor says they will now reconstruct the crosswalks in that area to make them more accessible. Ms. Valdez said the Muscular Dystrophy Association has a support group meeting on June 25th at Smith's Tropical Paradise which will be an ADA accessible excursion of the area; anyone or any family member who has a neuromuscular disease is encouraged to attend. Ms. Doi said the Developmental Disabilities Council has begun to work on the next legislative forum which she believes is scheduled for Thursday, September 22. Action: Ms. Nuland-Ames moved to adjourn the meeting at 2:00 pm. Ms. Bell seconded the motion. Motion carried 7:0 Respectfully submitted by: Barbara Davis, Staff Support Approved as circulated Approved as amended MACFEA- May 17., 2011 Page 5 OF 959 DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard,Room 101 •Honolulu,Hawaii 96814 Ph, (808) 586-8 12 1 (V/TDD) •Fax(808)586-8129 June 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 This Report will be an Update on the 2011 Legislative session, now that it is over. It was a disappointing session, given the many hours expended by DCAB. DCAB took positions on sixty-eight (68) measures. The Board and staff thank the individuals who submitted testimony as well as assistance received from various legislators and their staff throughout the session. There were four(4) DCAB—related or initiated bills: Three (3) bills died this session, but can be resurrected during the 2012 session: • HB 916, SD1 — Relating to Funding for Parking for Disabled Persons This bill was initiated by DCAB and it increased the annual vehicle registration fee by $1, to be deposited into the DCAB Special Fund to cover the costs of administering parking for persons with disabilities. The bill crossed over to the Senate and back to the House. At the Conference Committee the House agreed to the Senate amendments, but on May 5, 2011 it was recommitted to the House Finance Committee due to a stated technical error. • SIB 150, SD2, HD2 — Relating to Building Design for Persons with Disabilities Requires DCAB to charge fees to defray expenses of reviewing construction plans to ensure compliance with law and establishes a fee schedule. Establishes an Accessible Building Design Special Account for plan review fees and cost of compliance with ADA design requirements in the statute. Effective July 1, 2011. At the Conference Committee the House and Senate could not agree on a Conference draft, so the bill died in Conference Committee. • SIB 893, SD1, HD2 — Relating to Information Access Provided a mechanism to fund a telephone-based service to provide access to timely print media (Newsline). The bill changed versions many times, with DCAB being the designated administering agency using special funds from the e911 fund. The Conference Committee agreed to remove DCAB as the agency to receive the money and changed it to be Vocational Rehabilitation using general funds, but in the end could not agree upon whether or not to appropriate the funds. The bill died in Conference Committee. One (1) DCAB-initiated bill passed* • S13 892, SD2, HD2 — Relating to Service Animals Amends certain laws regarding the use of service dogs in statutes relating to dog licensing, quarantine, public conveyances, criminal acts, and discriminatory practices in real estate transactions to address issues with obsolescence and inconsistency with the ADA and the Fair Housing Act. Defines "service dog." The bill is awaiting the Governor's signature. Other Legislation: The following (plus the service animal bill noted above) passed and are awaiting Governor's signature: • HB 761, HD1, SD2, CD1 — Relating to Intellectual Disability Changes references in the Hawaii Revised Statutes by substituting the term "intellectual disabilities," or like term, wherever the term "mental retardation," or like term appears. Effective date is July 1, 2011. • HB 1654, HD1, SD1, CD1 — Relating to Group Living Facilities Terminates a conditional use permit issued by a county agency to facilities intended for group living facilities or group homes that do not use the permits or cease operations for one year. • HCR 24 — Extending the Deadline for the Home for Life Task Force to Report its Findings and Recommendations for Reducing Barriers to Aging in Place and Facilitating Multigenerational Living • HCR 431HR 37 — Requesting the Legislature to Support the Education of Hawaii's Drivers Regarding their Responsibilities to Blind Pedestrians • HCR 309/HR 274 — Requesting the Governor to Proclaim the Second Week of August of Every Year as Hawaii State Assistance Dog Week • SB 120, SD1, HD1, CD1 — Relating to State Funds Repeals certain special funds and transfers balances to the general fund. Converts certain revolving funds of the University of Hawaii into special funds. Temporarily redirects an additional portion of tobacco settlement funds into the general fund. Requires a study of the Hawaii tobacco prevention and control trust fund. Effective upon approval. • SB 1328, SD1, HD2, CD1 — Relating to Motor Vehicle Registration Increases the state motor vehicle registration fee by $20 and deposits the increase into the state highway fund. Effective on July 1, 2011. • SIB 1342, SD1, HD1 — Relating to Parkin _q for the Disabled Requires disabled parking placards to be hung from the front windshield mirror of a vehicle when the placard is in use. Allows the placard to be displayed on the vehicle's dashboard if the design of the vehicle's rearview mirror precludes secure hanging of the placard. • SB 1417, SD1, HD1 — Relating to the State Rehabilitation Council Establishes the minimum number of members necessary to constitute a quorum to do business at ten. Establishes the number of votes necessary to validate any action of the Council as the concurrence of at least a majority of quorum. Effective upon approval and repeal on June 30, 2013. • SIB 1503 SD2, HD1, CD1 — Relating to Special Education Requires certain private special education schools and programs that provide services to students with disabilities who receive state funding, to comply with federal and state laws, rules, and regulations. Requires accreditation within a certain time for certain private schools or programs that accept students with disabilities who receive state funding. For more information, contact Debbie Jackson at deb bra.iackson( doh.hawaii.gov or Francine Wai at francine.wai doh.hawaiiggv. -------------------------------------------------------------------------------------------------------------------------- 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(@.doh.hawaii.qo . For the Facility Access E-Bulletin, contact laurie.palenske@dohhawaii.g- o For the Communication Access E-Bulletin, contact kristine.pagano(a)doh,bqwaii,c ov. For the SPIN Bulletin, contact ian,tateishi@doh.hawaii.gov. DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard,Room 101 •Honolulu,Hawaii 96814 Ph.(808)586-8121 (VIITDD)•Fax(808)586-8129 July 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 We hope you enjoy your summer and the upcoming July 4th holiday. Here's some recent news from DCAB: 1. DCAB Proposes to Revise Communication Access Rules: DCAB is the State agency that credentials sign language interpreters and establishes recommended guidelines for State agencies that utilize interpreters. These guidelines are Hawaii Administrative Rules §11- 218 Communication Access Services for Persons who are Deaf, Hard of Hearing and Deaf- Blind. These guidelines include a recommended fee schedule as an Appendix to the rules. DCAB recently went through a public hearing process on May 17, 2011 to revise its administrative rules and received many testimonies on the proposed changes, especially from the interpreter community. After lengthy deliberation, DCABs Standing Committee on Communication Access recommended to the full Board to amend its rules to do the following: (1) establish a Continuing Education Unit (CEU) program for interpreters that DCAB credentials and (2) increase the application fee for the Hawaii Quality Assurance System test from $200 to $300. Proposed changes to increase the maximum length of time for one interpreter to interpret solo were not made after opposition at the public hearing. The rules were also amended to clarify the types of special certificate that merit an increase in hourly rate. The rules will soon be on their way to the Governor for signature. For more information, contact Kristine Pagano at doh.hawaii.gov. 2. DCAB Comments on Shared Use Paths: DCAB submitted comments to the U.S. Access Board on their Advanced Notice of Proposed Rulemaking for accessibility guidelines for shared use paths. Shared use paths are distinguished from regular accessible routes, sidewalks, and trails in that they are typically for multi-use pedestrian and vehicular use simultaneously (i.e., joggers and bicycles). For more information, contact Curtis Motoyama at curtis.motovama(a-)doh.hawaii.ciov. 3. State Plan for Vocational Rehabilitation- DCAB reviewed the State Plan for Vocational Rehabilitation of the Vocational Rehabilitation and Services for the Blind Division that is prepared annual in order for the State to receive federal funds. DCAB provided written and oral comments on the Plan at a public hearing on June 8, 2011. For more information, contact Charlotte Townsend at char lotte.townsend@doh.hawaii.gov. 4. State Plan on Aging: DCAB reviewed the Executive Office on Aging State Plan on Aging. The Plan is submitted to the federal government to ensure continued funding under Title III of the Older Americans Act. After review, no major concerns or comments were raised. However, DCAB is involved in the evolution of the Aging and Disability Resource Centers (ADRC) and has provided extensive comments and suggestions to ensure that the philosophy of independent living and the concepts of consumer-directed care are not lost or absorbed into the caregiving model of the Area Offices on Aging. If you have comments, contact Charlotte Townsend at charlotte.townsend(a)soh.hawaii.gov or Francine Wai at francine.wai(@doh.hawaii.qov. 5. Important Change to the Disabled Person Parking Application Form: DCAB has updated the Person with a Disability Parking Permit Application Form. A fill-able form online can be printed at the DCAB web site (www.hawaii.gov/health,ldcab). An original signature by the permittee and certifying physician are still required. 6. DCAB Training and Speaking lag Enc ements: DCAB staff is often called upon to present training in the community. Even with cuts in funding, we are usually able to meet most of the requests. Recent trainings within the past two (2) months include: - Two (2) trainings to the State Department of Transportation engineering and project managers on the Americans with Disabilities Act Accessibility Guidelines (ADAAG); - A presentation to the Brain Injury Association on emergency preparedness; - A presentation to the Hooikaika Mentoring Project on ADA Title 11 as well as Rights and Responsibilities Under the Law; - Two (2) presentations to UNITE HERE Local 5 on employment as well as design requirements under the ADA. 7. Communication Access Specialist on Leave: Kristine Pagano, Communication Access Specialist at DCAB, will be on maternity leave beginning July 22, 2011, Should you need any information, please contact her prior to July 22nd. In her absence, send any inquiries to dcabC5)doh.hawaii.gov and they will be routed accordingly. We all wish Kristine a wonderful experience with her growing family. Kristine is expected back at DCAB full-time around Thanksgiving. 8. New DCAB Board Members: DCAB welcomes two (2) new Board members as of July 1, 2011. Our first new member is Robin Inaba, an architect, who practices in Waimea on the Big Island. She has been active in the AIA and comes with a strong background in ADAAG. Robin will be replacing long-standing member Ron Awa, who served on DCAB for eight (8) years, most recently as the Chair of the Standing Committee on Facility Access, as well as the former Architectural Access Committee. Our second new member is Glenn Nakamura. Glenn is from Oahu, is a businessperson, and a user of a wheeled mobility aid. Glenn will bring a strong consumer perspective as he joins our Board with an interest in the disabled person parking program. Glenn will replace Anthony Lenzer, who left the Board to be appointed to the Governor's Policy Advisory Board for Elderly Affairs. For more information, contact Francine Wai at francine.wai@doh.hawaii.gov. -------------------------------------------------------------------------------------------------------------------------- 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@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.tateishi@doh.hawaii,gov.