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HomeMy WebLinkAbout2011_1115_Agenda_MtgPacket MACFEA Mayor's Advisory Committee for Equal Access TUESDAY, November 15, 2011 12:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, L-ihu'e, Hawaii 96766 MACFEA's mission is to assist the County of Kaua'i in its compliance with the Federal, State and County Laws mandating Equal Access NOTICE OF MEETING AND AGENDA • Call to Order • Introduction of MACFEA members and staff • Approval of July 19, 2011 Meeting Minutes • Communications • Parliamentary Procedures: 8 Steps in a Motion • Hawai'i Revised Statutes §103-50, Report of Activities relating to facility access for persons with disabilities, July 1, 2010 through June 30, 2011 (report on file with Boards & Commissions Office) • Annual Report, FY 2010-2011, Disability and Communication Access Board (report on file with Boards & Commissions Office) Business * Suggested Recommendations for Goals and Objectives for Fiscal Year 2011/12 (tabled from 7/19111 meeting) * Kamalani Camping Area Update from the ADA Coordinator * Rice Street Crosswalk Report—Ms. Rojas • Reports * DCAB reports for August, September, October and November, 2011 —Dr. Lucy * Report on Access Barrier concerns from the ADA Coordinator * Updates/Announcements 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 I the meeting. • Announcements o Next MACFEA meeting: Tuesday, January 17, 2012 • Adjournment 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.- I. 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:bda Phone: 241-4919 Fax: 241-5127 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. MACFEA MEMBERS— El Doi Developmental Disability Council Linda Nuland-Ames County of Kaua'i RSVP Program(Retired& Senior Volunteer Program), Office of Elderly Affairs Rita Manriquez State Traumatic Brain Injury Advisory Board Elena Costales Consumer, HCIL-Kauai Volunteer Kathy English Hawaii Disability Rights Center Rhoda Rojas Hawai'i Centers for Independent Living-Kaua'i Betty Bell Kaua'i Federation for the Blind Sharry Glass Advocate,Teacher/Trainer Lucy Miller, Ph. D Disability& Communication Access Board member Dawn Cummings Family Advocate Roberta Eiben Consumer Ana Valdez Family Advocate Christina Pilkington COK ADA Coordinator Barbara Davis COK Staff Secretary Marc Guyot COK Deputy County Attorney Paula Morikami COK B&C Administrative Aide Membership List-1 10711 Membership Listing Meeting Minutes — DRAFT Mayor's Advisory Committee For Equal Access (MACFEA) Tuesday, July 19, 2011 Mo'ikeha Building, Meeting Room 2Al2B 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 — Hawaii 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 Minutes 7/19/11 o Suggestions from MACFEA Members on Recommendations for Goals and Objectives for 2011112 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 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 Kauai 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 e-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'ipQ 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 man ufactu rer/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 Mayors 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 Hawaii, 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: Hawaii 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.Hawaijqjsabiityric hts.o 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 Kauai 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 9111 (September 11th) 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 8 Steps In A Motion 1. MEMBER RAISES HAND AND AWAITS RECOGNITION BY THE CHAIR 2. CHAIR RECOGNIZES MEMBER 3. MEMBER ,STATES THE MOTION 4. ANOTHER MEMBER SECONDS THE MOTION S. THE CHAIR. STATES THE MOTION S. CHAIR CALLS FOR DISCUSION ON THE MOTION 7. CHAIR CALLS FOR THE VOTE (Visual & Verbal) ON THE MOTION 8. CHAIR ANNOUNCES THE RESULTS OF THE VOTE ON THE MOTION Parliamentary Procedures Meeting Reminders 1. Silence phone and beeper 2. Speakers must identify selves and who they represent 3. Cannot speak until recognized by the Chair 4. NO interrupting other speakers or members of the Board or Commission S. NO personal attacks or insulting remarks directed at speakers, members, County officials or staff 8. This is NOT a debate. Speaker may speak a second time only with the discretionary consent of the Chair 7. Public participation is limited and ends when Chair announces that the Board or Commission will proceed with the other Agenda items. 8. Conversations or engagement with audience is not permitted 9. Discussion is limited to the Agenda as part of the deliberative process 10. Chair should refrain from expressing views until others have discussed their viewpoints 12. Suspend judgment, respect other's perspectives 13. Critique ideas, not people Suggested Recommendations for Goals and Objectives For Fiscal Year 2011/2012 I. Identify county services or sites requiring oversight to address access barriers A. Access to high-speed communications (Wi-Fi/Hi-Fi) in all of the County's meeting spaces for people who rely upon line captioning (text) or online video interpreters,* B. A more equitable paratransit schedule; C. Subsidized bus passes for people with disabilities, D. Continue ADA awareness training to all County employees Goals & Objectives DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814 P . (808) 586-8121 (V/TDD) • Fax (808) 586-8129 August 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. DCAB Plan of Action completed As DCAB begins every fiscal year, it goes through a planning process to set its goals and objectives for the next year. A planning meeting was held on July 21, 2011 and a plan of action was approved by DCAB for the year beginning July 1, 2011. The Board's priorities those subjects where it has statutory responsibility and rule-making authority: facility access, parking, communication access, and ADA Coordination. The plan of action will be posted on DCAB's website by the end of August. If you would like a copy or more information, contact Francine Wai at francine.waigl�dgoh�th-,avwtai�i, ov. 2, Governor Siqns Act 175 Relatinq to Service Animals: Governor Abercrombie held a bill signing ceremony in his office on Friday, July 1, 2011 with approximately 25 guests at the State Capitol to sign SB 892, SD2, HD2 into law as Act 175. Among those in attendance were DCAB, HCRC, CAI, and many consumers who are users of service animals. This bill 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 Americans with Disabilities Act and the Fair Housing Act. The bill also provides a definition for "service dog." A huge mahalo to all who helped support the bill. DCAB will continue its efforts in the area of service animals to work with the Hawaii Civil Rights Commission to develop guidance in the form of a fact sheet or rules relating to housing accommodations that involve animals. Housing laws are more liberal than those laws that affect places to which the public goes and as a result both consumers and housing managers or owners need more guidance on reasonable accommodation, restrictions, and responsibilities on animals as a reasonable accommodation in housing. 1 Other specifi c disabilily-related legislation signed into law # HB 761, HDI, SQ2, CD1 — Relating to Intellectual Disability (Act 220) Changes references in the Hawaii Revised Statutes by substituting the term "intellectual DCAB August disabilities," or like term, wherever the term "mental retardation," or like term appears. Effective date is July 1, 2011. * SB 1342, SD1, HD1 – Relating to Parking for the Disabled (Act 183) 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 1503 SD2, HDI, CD1 – Relating to Special Education (Act 128) 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. 4. Other disability-related bills Passed by the Legislature and vetoed by the Governor: 0 HB 1654, HDI, 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. 0 SB 1417, SD1, HDI – 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 repealed on June 30, 2013, Questions about legislation should be directed to Debbie Jackson at 586-8121 or via email to Igtbrajackson'd-Moh haviaii gy 4. DCAB to review proposed guidelines for public rights-of-way On July 26th the U.S. Access Board released for public comment proposed guidelines for accessible public rights-of-way. The guidelines provide design criteria for public streets and sidewalks, including pedestrian access routes, street crossings, curb ramps and blended transitions, on-street parking, street furniture, and other elements. The specifications comprehensively address access that accommodates all types of disabilities, including mobility and vision impairments, while taking into account conditions and constraints that may impact compliance, such as space limitations and terrain, as indicated in an overview of the rule. DCAB served on the federal advisory committee that developed the Interim Report that led to these proposed guidelines. DCAB will be reviewing the guidelines and providing comments. Public comment is open for 120 days until November 23, 2011, If you would like more information about the proposed guidelines, their applicability in Hawaii, or DCAB comments, contact Curtis Motoyama at curfis. Zdoh hawa- ----------------–------------–---–----------–-–-----–----------–----------–-----–--–-----–--—------–---- 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�Jr�istipne.�agjan doh.hwNai,,aov. For the SPIN Bulletin, contact jgD, -tate-,'shi('Wdoh.hawai'i,q__ov. DISABILITY AND COWN-1UNICATION ACCESS BOARD 19 Ala Moana Boulevard,Room 101 -f lonolula,f fawaii 96814 -Fax(808)5S6-81-19 -8 Il I (V,,TDD) Ph�(808) 586 September 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. DCAB Staff and Other Representatives off to FEMA Conference- The Federal Emergency Management Agency's (FEMA), Office on Disability Integration and Coordination is sponsoring a national emergency preparedness conference in Arlington, Virginia called Getting Real//: Promising Practices in Inclusive Emergency Management for the Whole Community, September 12-14, 2011. The three (3) day interactive conference is committed to building partnerships and sharing promising practices among disability and emergency management community leaders from across the country to build national capacity for inclusive emergency management practices. DCAB submitted a proposal highlighting teamwork and collaboration as promising practices and was selected as a team presenter for the conference. Members of the team are: Debbie Jackson, team leader representing DCAB; Mojisola Olowabi, representing the Department of Health's (DOH)All Hazards Preparedness Program; Mel Kaku, representing the City and County of Honolulu's Department of Emergency Management; Dawn Skaggs, representing the University of Hawaii's Center on Disability Studies; and Landa Phelan, representing the Hawaii Association of the Blind. For more information about the conference, contact Debbie Jackson at 586-8121 or debbra.iackson()doh.hawaii.gov after September 16, 2011. 2. DCAB Training Update: The following are some of the recent training sessions conducted by the DCAB staff: - A presentation to 7-Eleven Hawaii's human resources personnel on Title I of the ADA; - A presentation to a Citizens for Fair ADA Rides Committee on ADA Transportation for Paratransit Services; - Two (2) presentations to the Hawaii Senate Clerk's Office on Disability Awareness and Etiquette and ADA Title If Access to Programs and Services. 3, About the Parking Program — Did You Know?: One of the lesser known components of the disabled persons parking program is our `duality assurance' system whereby DCAB attempts to remove placards from circulation when they are no longer valid. These include placards that have expired and placards that have not expired, but belong to people who are deceased. When a person renews his or her placard by mail, DCAB will send the person a business reply envelope to mail back the expired placard at no cost. In addition, twice a year DCAB September DCAB conducts a 'match' of our database with DOH's death records and sends a friendly reminder to the estates of deceased permit holders asking to return any placard still issued. Through these efforts DCAB retrieved thirteen thousand four hundred eighty seven (13,487) invalid placards from circulation last year. This is a tremendous effort as it removes the temptation from people to misuse or alter a placard and thus misuse the accessible parking stalls. For more information, contact Bill Nakamatsu at william.nakamatsu(c�doh.hawaii.gov. 4. Congratulations to the Parking Program Staff: Kudos to the staff of DCAB involved in the parking program for persons with disabilities for being nominated as of the DOH Team of the Year. The DCAB parking program staff implemented the successful renewal-by-mail program last year, not only saving over $150,000, but also creating an easy way for consumers to renew without the hassle of physically going to a county office and standing in line for a permit. DCAB also initiated renewal notices by mail that also reminded people when their placard was about to expire. DCAB staff recognized for their contributions to the parking program were: Charlotte Townsend, Leonard Lau, William Nakamatsu, Jacob Dalton, Judy Paik, Geraldine Kealoha, Rene Clymer, and Cindy Omura. 5. Complete Streets Policy and the Pedestrian Master Plan: DCAB served as the technical advisor to the Department of Transportation in the development of two (2) documents, the Complete Streets Policy and the Statewide Pedestrian Master Plan. Both documents have implications for long range planning policies for mobility in our state. DCAB's role was to ensure that policies include access for persons with disabilities that are consistent with the current Americans with Disabilities Act Accessibility Guidelines (ADAAG) as well as future ADAAG guidelines in the public-rights-of-way. For more information, contact Curtis Motoyama at curtis.motoyama(o-),doh.hawaii.gov. 6. Mark Your Calendar for the SPIN Conference: It's not too early to mark your calendar for the very popular SPIN Conference, set for April 21, 2012, with the theme, 'SPIN' The Case for Evidence Based. Last year's conference drew a record high four hundred (400) participants, many from the neighbor islands. More details are forthcoming. For more information, contact Jan Tateishi at jan.tateishigdoh.hawaLggy. 7. DCAB says aloha to staff Program Specialist, Judy Paik, who has transferred to the Executive Office on Aging to assist in the development of the Aging and Disability Resource Centers statewide as they expand to respond to the needs of persons with disabilities who are not elderly. We thank Judy for her years of service at DCAB as both a Program Specialist and Election Specialist. Judy's workload will be divided among other DCAB staff. ------------------------------------------------------------------------------------------------------------- Don't forget to sign up for DCAB's four(4) E-bulletins: For the Emergency Preparedness for People with Disabilities E-News, contact debbrajacksona-doh.hawaii.go . For the Facility Access E-Bulletin, contact doh.hawaii.gov. For the Communication Access E-Bulletin, contact kristine,t)aqano(o),doh.hawaii,ciov. For the SPIN Bulletin, contact ian.tateishiaDdoh.hawaii.gov. DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard,Room 101 -Honolulu,Hawaii 96814 Ph. (808) 586-8121 (V/TDD) -Fax(808)586-8129 October 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 DCAB Annual Report: DCAB's Annual Report for FY 2010-2011 is now available on the DCAB web site at www.hawaii/gov/health/dcab, A copy of the Annual Report in PDF and word is being sent with this monthly report. For more information, please contact Francine Wai at francine.wai @doh.hawaii.gov. 2. DCAB HRS §103-50 Report of Activities: DCAB's Hawaii Revised Statutes §103-50 Report of Activities for FY 2010-2011 is now available on the DCAB web site at www.hawaii.gov/health/dcab. In FY 2010-2011, DCAB's Facility Access Unit conducted eight hundred ninety one (891) documents reviews, of which five hundred twenty eight (528) were unduplicated new submittals. Of the unduplicated reviews, two hundred sixty five (265) were submitted by the State of Hawaii, one hundred forty four(144) were submitted by the City and County of Honolulu, thirty seven (37) were submitted by the County of Maui, sixty four (64) were submitted by the County of Hawaii, and eighteen (18) were submitted by the County of Kauai. By location, three hundred eight (308) projects were on Oahu, seventy one (71) were in Maui County, one hundred eleven (111) were on the Big Island, and thirty eight (38) were on Kauai. Don't forget that you can find a listing of all the document reviews conducted by DCAB every month posted on the DCAB web site under the tab on "Accessible Design." A copy of the Report in PDF and word is being sent with this monthly report. For more information, please contact Curtis Motoyama at curtis.motoyama(o-)-doh.hawaii.go . 3. Service Animal Issues: Governor Abercrombie signed Act 175 relating to service animals into state law. Among the changes were conforming our state law and the definition of service animal to federal law and removing the requirement that counties identify service dog status on the dog registration form. The latter change was made because the ADA does not require such certification or identification but instead relies upon an individualized assessment. As such, DCAB has written to the counties to ask that the respective county ordinances that implement the service dog registration procedure be amended to delete that function from county government. If you have questions, please feel free to contact Debbie Jackson at debbra.Jackson @doh.hawaii.go . Act 175 also amended the state law relating to service animals in housing to be consistent with Federal Fair Housing rules. Federal Fair Housing rules require all animals, not only service dogs as defined under the ADA, to be considered on a case-by-case basis as accommodations in a housing environment. In the housing context, those animals are referred to as assistance animals, a term that is broader than a service animal because it includes comfort, emotional support, therapy, or companion animals. Those animals are not considered service animals under the ADA for the purposes of access to public DCAB October accommodations and government services. It also permits reasonable restrictions to be imposed on those animals in the housing environment. DCAB worked with the Hawaii Civil Rights Commission to develop a fact sheet on assistance animals in housing, including what might be considered reasonable restrictions. 4. Disability Etiquette Brochure: DCAB has developed a useful brochure on disability etiquette with helpful hints on interacting with a person with a disability. If you wish to have a copy, please contact dcab(a-)doh.hawaii.gov and we will gladly provide you with a PDF and word copy of the brochure. We encourage replication of the brochure. 5. Mark Your Calendars for the Followin_q: Accessible Design Training - DCAB will be sponsoring another training seminar on March 28-29, 2012 at the Ala Moana Hotel on the new ADAAG. Rather than a complete overview of all of the new ADAAG, the training will highlight the areas of ADAAG where there are the most problems and errors. Day I in the morning will focus on Now Does the ADA Apply to New and Existing Buildings?with a discussion on compliance dates, safe harbors, existing facilities, readily achievable barrier removal, while the afternoon will focus on Accessible Routes emphasizing site arrival, parking, walking surfaces, curb ramps, handrails, elevators, and doors. Day 2 in the morning will focus on Accessible Bathrooms and Toilet Rooms. Ms. Earlene Seskar and Mr. Paul Beatty, Access Specialists from the U.S. Access Board, will be conducting the training seminar. Details will be forthcoming. Should you have any questions, please contact Mona Higa at mona.hiqa@doh.hawaii.go Open Forum on Access in the Public Rights-of-Way - The U.S. Access Board is in the process of finalizing their guidelines for public rights-of-way to include curb ramps, sidewalks, pedestrian overpasses and underpasses, roundabouts, detectable warnings, pedestrian signal, transit stops and transit shelters for buses and light rail vehicles, on- street parking and passenger loading zones, street furniture, and more. DCAB will be sponsoring a free forum on March 29, 2012 in the afternoon at the Honolulu International Airport conference room to discuss the proposed rules. The session will also be conducted by Ms. Earlene Seskar and Mr. Paul Beatty of the U.S. Access Board and will be free to the public. Details will be forthcoming. Should you have any questions, please contact Mona Higa at doh,hawaii.gov. 6. Twenty-First Century Communications and Video Accessibility Act of 2009: DCAB provided testimony to the Federal Communications Commission recommending reinstatement of a video description requirement as part of the Act. Video description is the insertion of audio narrated descriptions into the program's dialogue, making video programming more accessible to individuals who are blind or have visual impairments. We are pleased that this provision has been done. For more information, please contact Charlotte Townsend at charlofte.townsend@doh.hawaii.gov or Kristine Pagano, upon return from maternity leave in November at kristine.paciano(a-),doh.,hawaii.goy. ------------------------------------------------------------------------------------------------------------------------ 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.hgwgii.gov For the Facility Access E-Bulletin, contact laurie.palenske@doh.hawaii.,qov For the Communication Access E-Bulletin, contact kris h 3-Da : i noa doh haw i-t . ov For the SPIN Bulletin, contact jgD.tateishi9doh.hawajigov I. Or 0 4 1 A. '9 DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard,Room 101 •Honolulu, Hawaii 96814 Ph, (808)586-8121 (V/TDD) •Fax(808)586-8129 November 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. New DCAB Rules on Communication Access: Governor Abercrombie signed the updated Hawaii Administrative Rules §11-218, Communication Access Services for Persons Who are Deaf, Hard of Hearing, and Deaf-Blind on October 13, 2011 with an effective dated of October 27, 2011. The new rules authorize a Continuing Education Unit (CEU) program for the Hawaii Quality Assurance System (HAAS) credentialed interpreters so that they do not have to retake the HAAS test in order to maintain their credential. The rules increase the application fee for the HAAS test from $200 to $300 over a two (2) year period. The rules do not change the basic recommended fee schedule but make some changes concerning when two (2) interpreters are needed at an interpreting assignment. The rules will be posted on the DCAB web site shortly, if they are already not there at the time of distribution of this Update. A hard copy is available from the DCAB office upon request. For more information or to receive a copy, contact Charlotte Townsend at charlofte.townsend( doh.hawaii.go or Kristine Pagano at kristine.P.qgandoh,hawaii gov after November 7, 2011. 2. U.S. Department of Transportation Final and Proposed Rules: The U.S. Department of Transportation (DOT) has been updating its rules that impact individuals with disabilities in the area of air travel, airports, and rail. Some of the rules are final and others are in the proposed stages. The following is a quick overview: The DOT issued a Notice of Proposed Rulemaking to amend the Air Carrier Access Act by requiring U.S. and foreign air carriers to (1) make their web site accessible and ensure that their shared-use automated airport kiosks are accessible, and (2) to amend their Section 504 rules to have similar requirements on automated airport kiosks. Comments are due by November 25, 2011. DCAB will be submitting comments. The Department issued a Notice of Proposed Rulemaking to amend its Section 504 rules related to service animal relief areas and captioning of televisions and audio-visual displays that offer information to passengers that are similar to requirements applicable to U.S. and foreign carriers under the Air Carrier Access Act. Comments are due by November 28, 2011. DCAB will be submitting comments. The Department issued a final rule amending its ADA regulations relating to rail travel on September 19, 2011. These regulations require intercity, commuter, and high-speed passenger railroads provide level boarding in new or significantly renovated stations if the platform is not shared with freight operations. If it is shared with freight trains, the rule provides options for car-borne lifts, station-based lifts, or mini-high platforms. There is no requirement to retrofit existing platforms. This rule will not affect any passenger travel in DCAB NT——I-__ Hawaii, as the new Oahu Rail will have all accessibility features in the new construction as a light rail, not a railroad. The Department also issued a final rule amending its ADA regulations on September 19, 2011 on transportation requirements on vehicles. The rule clarifies that a transportation provider must carry a wheelchair and its user as long as it can safely accommodate the size and weight of the chair and user and there is space on the vehicle. The rule also requires accommodation of other power-driven mobility devices unless there is a safely issue, similar to the Department of Justice rule. This clarifies what 'safety' means but also notes that a direct threat to safety only means a direct threat to others, not to self. If you have any questions on the rules, feel free to contact Francine Wai at francine.wai&doh-hawaii.gov or Debbie Jackson at debbra.iackson@doh.hawaii.gov. 3. U.S. Access Board's Proposed Rules on Public-Rights-of-Way: The U.S. Access Board has a Notice of Proposed Rulemaking on new guidelines for public-rights-of-way. This will cover not only sidewalks and curb ramps but also elements such as on-street parking, pedestrian signals and crossings, and amenities such as street furniture (e.g., benches). Comments are due by November 23, 2011. DCAB is providing comments. For more information on the proposed rule or DCAB comments, please contact Curtis Motoyama at curtis.motoyama{ doh.hawaii.gov. 4. Hawaii civil Rights Commission Proposed Employment Discrimination Rules: The Hawaii Civil Rights Commission has proposed amendments to their Hawaii Administrative Rules §12-46 relating to discrimination in employment to minimally conform state law protections against disability discrimination in employment to the federal Americans with Disabilities Act Amendments Act of 2008. Comments are due by November 22, 2011. DCAB is submitting comments. For more information on the proposed rule or DCAB comments, please contact Charlotte Townsend at charlofte-townsend@ doh.hawaii..qov. 5. Update on the Parking,Program: This October marks one full year where DCAB has taken over the renewal by mail of the disabled person parking placard rather than requiring people to renew in person. Although there were some early bumps in the road, we are pleased to report that the effort has been very positive. In addition to the cost savings, we have received significant feedback from consumers that they appreciate getting a renewal notice as well as the ease of doing the transaction by mail. In the first quarter of this year(July 1 to September 30) we renewed 3,325 placards by mail. We also received 3,094 expired and invalid placards during the same three (3) months upon renewal and received 228 placards back from the estates of people who are deceased. This has permitted us to retrieve expired placards so that they are not misused. If you have any questions, please contact Bill Nakamatsu at william.nakamatsuadoh.hawaii.go . ------------------------------------------------------------------------------------------------------------------------- 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.'ackson&doh.hawaii.go For the Facility Access E-Bulletin, contact Llaurie. alenske@doh.hawaii.gov For the Communication Access E-Bulletin, contact For the SPIN Bulletin, contact jgD.tateishiPdoh.hawaiigov