HomeMy WebLinkAbout2011_0719_Meeting Minutes_APPROVED Meeting Minutes - Approved as circulated 11/16/11
Mayor's Advisory Committee For Equal Access (MACFEA)
Tuesday, July 19, 2011
Mo'ikeha Building, Meeting Room 2A/2B
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 - Consumer; Rhoda Rojas -
Hawai'i Center for Independent Living-Kaua'i (HCIL); Ana Valdez - Family Advocate;
Dawn Cummings - Family Advocate; Dr. Lucy Miller - DCAB (Disability and
Communication Access Board) Board member; Kathy English - Hawai'i Disability Rights
Center; Sharry Glass -Advocate, Teacher/Trainer
Staff members also present: Christina Pilkington -ADA Coordinator; Marc Guyot -
Deputy County Attorney; Barbara Davis - Support Clerk. Captioner: Heather
Theriaque - Caption First. Guest: Linda Shigeta
Members absent or excused: Betty Bell - Kaua'i Federation for the Blind; Laura Burman
- Director Hawai'i Red Cross; Elena Costales - Consumer, KCIL Volunteer
Call to Order
Chair El Doi called the meeting to order at 12:08 p.m. with 10 members present.
Ms. Rojas asked to correct an agenda listing to read: Status of bus "pass" subsidy
possibilities for Bus Riders with disabilities
Approval of May 17, 2011 Minutes
Ms. Glass requested correction of the spelling of Ms. Pilkington's first name under the
Staff Members present on the first page. Ms. Valdez also noted the correct spelling for
her daughter's name as Jordyn. Ms. Nuland-Ames asked that her comment at the
bottom of page 2, last sentence, be corrected to read: "level of activity: instead of"type
of business".
Dr. Lucy moved to approve the minutes of May 17 as amended. Ms. Glass seconded
the motion. Motion carried 10:0
Business
o Election of Chair and Vice Chair for FY 2011-2012
Ms. English nominated Ms. Nuland-Ames for the position of Chair. Ms. Glass seconded
the motion. Motion carried 10:0
Ms. Eiben nominated Ms. Rojas for the position of Vice-Chair. Motion seconded and
carried 10:0
MACFEA- July 19, 2011 Page 1
o Suggestions from MACFEA Members on Recommendations for Goals and
Objectives for 2011/12 Fiscal Year (deferred 1/18/11)
• Identify county projects or areas requiring MACFEA oversight
• Identify access concerns regarding projects listed in the Mayor's Holo
Holo 2020 Vision (Holo Holo 2020 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 online captioning (text) or online video
interpreters
In addition to the 3 goals previously identified above, the Committee added disability
awareness training for the various County departments with follow-up reports on how
the trainings are progressing. Ms. Pilkington said that she is already working on
scheduling training for all of the Kaua'i Police Department this year, which will probably
require 3 separate trainings to cover all the shifts. Ms. Pilkington said that she has to
complete at least four trainings within this fiscal year.
The Committee discussed adding a "generic" agenda item each month which would
allow them the ability to discuss County projects involving access that pop up on the
radar at the last minute. Attorney Guyot advised the Committee that they need to
identify and articulate as to what they are looking for under an ADA Coordinator's
Report.
Action: Ms. Nuland-Ames moved that the County ADA Coordinator provide a report on
County projects or areas that involve or require the oversight of the MACFEA committee
and that this be placed on each month's agenda under the section for Reports. Ms.
Glass seconded the motion.
Ms. Nuland-Ames further explained that the Committee wants to make sure there is an
area on the agenda for questions about the progress of projects they are concerned
with, which includes training, where discussion can be raised with input given and
further motions can be made if necessary. Attorney Guyot said that was sufficient and
anytime the group is given information, they have the opportunity to make motions and
act upon them. If something should rise to a large enough size, it would warrant its own
agenda item for public input.
Ms. Nuland-Ames pointed out that each agenda has a section that addresses public
comments and testimony. When MACFEA started, people brought complaints and
public discussions that had nothing to do with the County; they were complaints about
private stores or State roads or something of that sort. This is why information brought
to MACFEA for further consideration should be placed on the agenda if it is appropriate
to the limited parameter for the business of the Committee.
Motion carried 10:0
MACFEA- July 19, 2011 Page 2
The Committee further discussed forming a sub-committee or corresponding by e-mail
to cover areas of concern that might warrant oversight from MACFEA. It was pointed
out by the Deputy County Attorney and Staff that sub-committees are governed by
regulations under the Sunshine Law and that a-mails circulated among Committee
Members is considered a serial communication, which is also against the Sunshine
Law, if Committee business is discussed or decisions are made outside of a posted
meeting.
Deputy Attorney Guyot explained that there is a provision for emergency meetings but it
is very limited in that the Committee would have to determine that there is imminent
peril to public health, safety or welfare; something catastrophic.
Dr. Lucy agreed that the Committee might need to get involved if there is an emergency
but pointed out the Committee is not in the business of micromanaging the County. She
basically wanted to make sure that the County employees were receiving appropriate
disability awareness training.
Ms. Nuland-Ames summarized the identified goals as high-speed communication in all
meeting places, job opportunities for people with disabilities, more equitable paratransit
bus schedule, subsidized bus passes for people with disabilities, disability awareness
training and to ensure access barriers are removed on all County projects.
Deputy Attorney Guyot also explained that government is a public entity, which is
different from a private organization, and is governed by the Sunshine Law which says
that meetings have to be publicized to the public in a certain period of time and that the
agenda items need to be explained in a manner that gives people a reasonable idea of
what each item is about. He further explained that there are many ways for people to
notify the County of access barriers on County facilities or in County programs and that
is through the ADA Coordinator's office, the County Attorney's Office, individual
agencies such as Parks or Public Works, in addition to sending a communication to the
MACFEA. Depending on the degree of what the barrier is could determine how quickly
the County is able to react to that barrier.
Action: Ms. Nuland-Ames moved to table further discussion on Recommendations for
Goals and Objectives for 2011-2012 Fiscal Year until the September meeting. Ms.
Eiben seconded the motion. Motion carried 10:0
o Kamalani camping area update
Ms. Pilkington reported that they were still waiting for approval from the County Council
regarding the camping fee schedule but the ADA improvements to that camping area
had all been completed. There are a couple of crosswalks in areas where vehicles are
allowed to go to a campsite or to another parking area but since they are minimally
used, the County used the new ADA/ABA access guidelines which allowed them to
MACFEA- July 19, 2011 Page 3
take out the detectable warnings at those crosswalk ramp areas. Ms. Pilkington said
she would check to make sure all of the ADA requirements had been completed that
were part of the Department of Justice settlement agreement and report on it to the
Committee at the next meeting.
Ms. Valdez asked if the Landeez All-Terrain chairs had been purchased. Ms. Pilkington
said they had and they were at the lifeguard stands at Salt Pond Beach Bark, Lydgate
Beach Park and Po'ipu Beach Park. When questioned if additional straps were
available for persons with smaller trunks or trunk weakness, Deputy Attorney Guyot said
if it was an item offered by the manufacturer/designer of the chair then it would be okay
but for the County to provide such straps on their own would transfer liability to the
County for modifying the manufacturer's equipment. If someone were to adapt the chair
for their own use, this could relinquish the County to a certain degree of its liability.
To further reduce liability for the County, Deputy Attorney Guyot suggested the County
only list the type of chairs available at the beach parks so the user can look up the
information on the manufacturer's web and to not make suggestions about additional
items such as belts or straps to secure an individual into the chair.
Action: Ms. Manriquez moved to accept the verbal report as presented. Ms. Eiben
seconded the motion. Motion carried 10:0
o Feedback from the MACFEA membership on emergency preparedness for
people with disabilities - Laura Burman
Action: Ms. Nuland-Ames moved to defer this item until Ms. Burman returns in
November. Ms. Eiben seconded the motion. Motion carried 10:0
o Status of bus pass subsidy possibilities for Bus Riders with disabilities
Ms. Pilkington explained that they are looking at grants through non-profit agencies to
provide some type of subsidy but one of the issues is how to define "disability". Would it
be subject just to people who have a small allowance and have to live off a stipend
every month or would it include people with other types of disabilities?
Ms. Glass thought it might confuse the issue to talk in terms of disability because people
who are disabled use paratransit and that is a cost to the County. She questioned
whether they were talking about financially disadvantaged people.
Ms. Rojas agreed it should include people without disabilities but who have income
limitations to qualify for the bus pass subsidy. Ms. Pilkington said that would be equal
access.
Action: Ms. Nuland-Ames moved to accept the ADA Coordinator's verbal report on the
status of the bus pass subsidy discussion.
MACFEA- July 19, 2011 Page 4
Ms. Glass asked if MACFEA should make a recommendation to the Mayor about a
possible subsidy. Ms. Pilkington commented that Beth Tokioka from the Mayor's Office
had asked Ms. Pilkington to report back on some of the items that were part of the
Mayor's Holo Holo 2020 vision so she will include the suggestion of the Department of
Transportation writing a grant for bus subsidies. Since that grant requires it to be for
people with disabilities, they should identify it for people with disabilities on low income,
which with be within the grant parameters.
Ms. Valdez seconded the motion. Motion carried 10:0
Ms. Eiben exited the meeting at 1 :29 p.m.
o Rice Street Crosswalk concerns
Ms. Rojas thanked the Mayor and the "Shadow" (Jerome Freitas) for addressing her
concerns about the crosswalk that crosses the street from the Mo'ikeha Building. That
crosswalk was totally eliminated but now there are two crosswalks in that area which
she feels is more dangerous.
Ms. Pilkington said there are plans to redesign Rice Street and suggested that rather
than use that crosswalk, everyone including people without disabilities, go a little further
down the street and cross at a crosswalk that is safer to use.
Ms. Nuland-Ames agreed that (particular) crosswalk is dangerous for everyone and
questioned whether this was a MACFEA issue noting that it was not so much a disability
issue with the crosswalk; it is just a badly planned crosswalk.
Ms. Rojas said she will speak to the Roads Department about the plans for Rice Street
and report back at the September meeting.
Reports
o DCAB report for June, 2011 and July, 2011
Dr. Lucy: The service animal bill was the only bill that passed the Legislature and was
signed into law by the Governor on July 1 . On July 21 , the DCAB Board will be
meeting for their annual planning meeting for the coming fiscal year.
Ms. Manriquez: The study by Dr. Ross from the University of Hawai'i, which she
reported on at the last meeting, indicates that most of the concussions involving kids in
school are sustained by girls and the big factor is cheerleading. On average, whether
the concussion is sustained by a male or female, they miss 18 days of school.
Ms English: Hawai'i Disability Rights Center is preparing for the new fiscal year that
starts in October and suggested anyone wanting to participate in determining HDRC's
priorities for next year should go to the website at www.HawaiidisabiitVrights.org and
complete the survey. Also, PAVA (Protection and Advocacy for Voter Access) assists
MACFEA- July 19, 2011 Page 5
people with voter education, registration and any accessibility issues that arise at the
polls. (brochure distributed to members)
Ms. Valdez: The LDAH (Learning Disabilities Association of Hawai'i) is having a mini-
conference on September 10, 8:00 a.m. to 12:00 p.m., and it is not just for people with
learning disabilities but any disability, which makes it a good place for parents of
children with a disability to learn more about the system. Camp Cool is July 23 and July
30 and is open to adults as well as children with disabilities. There is a $10 donation
but scholarships are available.
Ms. Nuland-Ames: The RSVP volunteer group at the Agency of Elderly Affairs is
challenging the island of Kaua'i during the month of September to extend an act of
kindness to someone in need. They want to specifically focus on helping people remain
in their homes as long as possible so the volunteers will be doing yard work, making
repairs, putting in safety bars or whatever is needed. Most of these activities will occur
over the 9/11 (September 11 th) weekend but it can take place at any point during the
month. Once the Agency receives the liability waiver from the County Attorney's Office,
we will launch the publicity for this. Also there is a new website, www.HawaiiADRC.org,
(Aging and Disability Resource Center) which is for seniors, people 18 and over with
disabilities, and caregivers; it is a one-stop place to go and get information about what is
available to them.
Ms. Doi: The Developmental Disabilities Council's legislative forum is on Thursday,
September 22, from 4:30 p.m. to 9:00 p.m., at the Kaua'i War Memorial Convention
Hall.
Dr. Lucy moved to adjourn the meeting at 1 :49 p.m. Ms. Rojas seconded the motion.
Motion carried 9:0
Respectfully submitted by:
Barbara Davis, Staff Support
( ) Approved as circulated
( ) Approved as amended
MACFEA- July 19, 2011 Page 6