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HomeMy WebLinkAbout2013_0113_Agenda_Packet COUNTY OF KAUAI MAYOR'S ADVISORY COMMITTEE FOR EQUAL ACCESS NOTICE OF MEETING AND AGENDA Tuesday, January 15, 2013 12:30 p.m, or shortly thereafter Mo`ikeha Building, Meeting Room 2A/2B 4444 Rice Street, Lihue, HI 96766 CALL TO ORDER INTRODUCTION OF MACFEA MEMBERS AND STAFF APPROVAL OF MINUTES • Regular Open Session Minutes of November 20, 2012 BUSINESS o Update on installation of WiFi in County facilities and Internet Bandwidth Upgrades to accommodate expanded use. • Update regarding status of accessible bus stops and accessible routes to all public libraries and schools on Kauai and what action is needed to remedy those that are not accessible • Election of Vice Chair for 2013 • Approval of MACFEA Meeting Schedule for 2013 • Discussion and deliberation with the ADA Coordinator of MACFEA Goals for 2013 • Accessibility report regarding the construction on Lydgate Pavilion and the replacement of the portable ramp to the stage with a fixed ramp • Discussion on the following processes: 1 ) How a recommendation by MACFEA is transmitted to the Mayor; and 2) The process by which the Mayor transmits his decision regarding a recommendation back to MACFEA REPORTS e DCAB reports for December 2012 • ADA Coordinator's report • Updates / Announcements NEXT MEETING Tuesday, March 19, 2013 — 12:30 p.m., Mo `ikeha Building, Meeting Room 2A/2B 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: 1 . Your names and contact information, position/title and organization you are representing (if applicable); 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 Lihue, HI 96766 e-mail: bdavis(d,kauai.gov Phone: 241 -4919 Fax: 241 -5127 If you need an alternate format or auxiliary aid to participate, please contact Linda Nuland-Ames at 245-6203 (V/TTY) at least (5) working days prior to the meeting. DRAFT Meeting Minutes Mayor's Advisory Committee For Equal Access (MACFEA) Tuesday, November 20 , 2012 Mo`ikeha Building, Meeting Room 2A-2B 4444 Rice Street, Lihu 'e, HI 96766 Members Present: Elena Costales, Consumer, HCIL — Kaua'i Volunteer; Betty Bell — Kaua'i Federation for the Blind ; El Doi — Kaua'i Developmental Disability Council ; Rita Manriquez — State Traumatic Brain Injury Advisory Board (STBIAB); Roberta Eiben — Consumer; Dr. Lucy Miller — DCAB (Disability and Communication Access Board) Board Member; Dawn Cummings — Family Advocate; Sharry Glass — Advocate , Teacher/Trainer; Ana Valdez — Family Advocate; Kathy English — Hawai 'i Disability Rights Center. Guest Presenter: Deputy County Attorney Ian Jung Staff members also present: Linda Nuland-Ames — ADA Coordinator; Ihilani Laureta — Commission Support Clerk; Barbara Davis — Commission Support Clerk; Marc Guyot — Deputy County Attorney; Captioner: Cindy Thompson — Caption First. Call to Order Vice Chair Elena Costales called the meeting to order at 12 :44 p. m . with 9 members present. APPROVAL OF MINUTES • Regular Open Session Minutes of July 17, 2012 Vice Chair Costales asked the Committee if there were any additions, changes, or corrections they would like to make to the minutes. The following spelling corrections were made to the minutes: Page 3 , fourth paragraph, replace the phrase "deaf interpreter' with "sign language interpreter for the deaf' . Barbara so noted the proper terminology and informed the committee that the minutes are written as such according to what is said during the meeting . Page 2 , fourth paragraph , replace "bases" with "basis" ; last paragraph , replace "Human Relations" with "Human Resources" . Action : Ms. Eiben moved to approve the minutes as amended . Ms. Bell seconded the motion . Motion carried 9 :0. BUSINESS • Sunshine Law Briefing by Deputy County Attorney Ian Jung Ms. Doi moved to receive the Sunshine Law Briefing . Ms. Valdez seconded the motion . Attorney Jung informed the committee that he staffs the Planning Commission , Open Space Commission , and Historic Preservation Review Commission . He asked if anyone in the committee has had a presentation on the Sunshine Law before to which 1 member confirmed . He went on to explain that the principal of the Sunshine Law is to let the sun shine in on County and State business; the idea is to allow the public to not just scrutinize County and State government but to also lend support in terms of trying to help the decision makers make an informed and adequate decision . Attorney Jung stated that there is a provision in the Hawaii Revised Statutes that allows the Office of Information Practices (0113) to carry out its function that requires several elements for County and State Boards. First is "Notice" where you properly notice the public of meetings so they are informed of when and where the meeting is; second is "testimony" to allow people the opportunity to come in and testify on the noticed agenda items; and third is "deliberation and decision making" where the decision making is done in an open forum so that people know what is discussed and what the outcome of certain decisions are. Attorney Jung went on to further detail the 3 elements required under the Sunshine Law. "Notice" requires that you post the agenda 6 days in advance of the meeting of what will be discussed and what types of actions are required . "Testimony" in most cases people from the public will attend the meeting and testify on certain items; therefore on every agenda item the onus is on the Chair to ask if anyone from the public would like to testify on a particular item . However, there may be rules that can limit testimony to 3, 41 5 minutes etc. These rules can be set by the Board and if the Board does not have a set of rules, it is dependent on the Chair to set a time limit on what he/she think is appropriate. "Discussion and Deliberation" between Board Members follows a principle that all discussion is held on the floor so that the public can know what is discussed and what is being deliberated . There were 2 recent amendments to the Sunshine Law that expanded on 2 types of permitted interaction groups ( PIG). Ordinarily you would want everything out in public; however there are several exceptions to the Sunshine Law for deliberations where you can actually have 2 members discuss items. For example, 2 board members can discuss amongst each other foreseeable board business as long as there is no commitment to vote. One of the new rules Act 177 allows for a new type of permitted action . Often times a board may have quorum issues where the board cannot meet without a quorum , yet people may still want to come in and testify; ordinarily the meeting would need to be cancelled due to lack of quorum but with this new rule , if there are people that would like to testify they can still come in and ask to testify. Minutes will still need to be recorded , and if anyone testifies using written documents those documents must be presented to the staff or Chair for use at the next board meeting ; those minutes and documents MACFEA — November 20 , 2012 2 provided by the testifiers will need to be distributed prior to decision making by the board at their next noticed meeting . The second rule to a permitted interaction is the ability for people to go to seminars, legislative hearings or neighborhood board meetings. There is always a question on how to deal with workshops, seminars, and council meetings regarding how many members of a board can attend . Now, 2 or more members but less than quorum can attend and work as a group to discuss board business as long as there is no commitment to vote. These members are allowed to gather information and bring it back to the full body to discuss and deliberate about the information gathered . This past July an amendment regarding inter-conference technology was passed . Prior to this new law, the only other alternative to attend a meeting was via video conference, but this new law allows for someone to attend a meeting by audio conference. Another unique facet of this particular new law is if someone has a disability that confines them to their home and they cannot go to a public location , they created this section so the person can still participate. The participation does not have to be noticed on the agenda that you are at your private location . The idea is to anticipate injuries and disabilities where people cannot necessarily attend the meeting but making it easily accessible to participate. Attorney Jung opened the floor to questions. Ms. Glass stated that for the past few years a Deputy County Attorney has attended the committee meetings and that there have been some concerns. The first question is in regards to a situation where the committee needed a pro tem Chair because the Chair and Vice Chair were not available to attend the meeting . Instead of having the group vote for a pro tem Chair, the Deputy County Attorney appointed a previous Chair. She asked if that was correct procedure under the law. Attorney Jung asked if the committee had rules to which Ms. Glass responded that the committee has bylaws. He said that if the committee's rules are silent to a pro tem Chair then you would normally refer to Robert's Rules of Order. Attorney Jung stated he did not know the answer to that and asked Attorney Guyot if that had been his opinion . Attorney Guyot said he could not recall , Ms. Glass stated that it was indeed Attorney Guyot that made the appointment. Ms. Glass expressed that in a democratic group they should have been allowed to vote on who would be the pro tem since they normally vote for the Chair and Vice Chair. She said she was not sure if that was covered under the Sunshine Law to which Attorney Jung clarified that situation would be a part of the organizational structure of the committee. He reiterated that if the committee's bylaws do not address this, then you would need to refer to Robert's Rules of Order. Attorney Jung added that the essential role of the Chair is to run the meeting . He stated that if the decision is for a quick day meeting to get through the agenda , then he believes the appointment of a pro tem is in proper order. MACFEA — November 20 , 2012 3 Ms. Glass asked how the committee members can communicate with each other outside of meetings to either talk about a subject that should be brought up at a meeting , or to get concurrence on an issue, etc. . . She asked how that communication can be done legally. Attorney Jung reminded the committee that the idea of the Sunshine Law is to bring the business to the light of the public. He emphasized that there should not be serial communication which is communication between more than 2 members. If for instance there is an issue you would like to discuss at a meeting , you can put in a request with the Chair to agenda the item ; you should not discuss the item with more than 1 other member. Attorney Jung reiterated that if you do discuss an item with another member, there cannot be any commitment to vote. Ms. Glass stated that another question that arose at the committee meetings is in regards to forming a committee to research a particular issue; in this case it was the accessibility to libraries and schools. She said that Attorney Guyot stated that they could not form such a committee. Ms. Glass asked why they could not appoint maybe 3 people to conduct the research and report back to the group. She asked if this is allowed under the new regulations. Attorney Guyot stated that the reasoning behind his opinion is that schools and libraries are not County facilities. He said that the formation of the committee is beyond the scope of MACFEA since MACFEA is intended to advise the County; schools and libraries are actually State facilities. Attorney Guyot expressed that was his main concern and not that a group could not be formed ; the purpose of researching about a State facility was not in the purview of the County's MACFEA program . Ms . Glass stated that was probably a misunderstanding because she said that the committee was actually talking about County roads providing accessibility to these locations because they are within the County. She asked if they wanted to do research on another issue, how they could go about doing so . Attorney Jung said the formation of that type of committee is considered to be a PIG . One of the exceptions is allowing for the formation of investigative committees. The Chair would need to add to the agenda the scope of what the task will be for the investigative committee on a properly noticed agenda . At that meeting the committee will need to discuss the scope and parameters and the Chair will assign the investigative committee members to gather information to report back to the body. Attorney Jung said the research process does not need to be noticed , but again reiterated there can be no deliberation or commitment to vote; they are simply gathering information . The report back to the body can either be written or oral presentation ; this report will need to be agendize such as "findings of the investigative committee" so that people can come to testify about it. Subsequent to this meeting , a third meeting is required for the board to take action on the item . Attorney Jung reminded the members that it would take 3 meetings to accomplish the goal of creating an investigative committee. Ms. Glass asked if it is not legal to take action at the second meeting , to which Attorney Jung confirmed that the board has to give the public enough time to hear what the findings are and to come back before the board . Staff will make available the latest pamphlet on the Sunshine Law. MACFEA — November 20 , 2012 4 Ms. Glass stated that the mandate on MACFEA is to advise the Mayor, so the Chair or ADA coordinator will most likely be given the task of writing a letter to the Mayor with the committee's suggestions/advice. She said that type of document is not easily written in a group and asked how the committee, in a prompt manner without having to go through 3 meetings, achieves that. Attorney Jung said he staffs the Open Space Commission , an advisory commission , and said in the past they have assigned the initial task of writing the report to 1 -2 individuals. When the report is completed , the commission will discuss the draft, submit commentary, come back to the full meeting to make edits, and in a collective effort try to identify the proper language to use for the report. He stated that if the committee takes a position on an issue it has to be collectively as a body. Ms. Glass asked if that would be a 2 meetings procedure to which Attorney Jung confirmed . Ms. Glass said at a previous meeting it started with a quorum however 1 member had to leave to catch the bus and in the middle of a member's presentation Attorney Guyot informed the committee that they would need to adjourn . She said it did not feel right and asked if you can continue a meeting after losing a quorum so that someone can give a report if no action is required on the item . Attorney Jung said that Act 177 actually addressed this issue; however it addressed the issue in context of the public. He said in his meetings, if someone walks out of the room and quorum is lost he too stops the meeting . For instance with the Planning Commission they are taking quasi judicial actions where they are acting on a permit which someone could challenge the procedure of how the board was operating ; there are several different layers of challenge in that quasi judicial function . He said in the case that Ms. Glass referenced , there is not that ability for someone to specifically come in to challenge the issue but if someone were wanting to testify on an item and wanted everyone to hear it, under the new rule you can listen to that person testify, take the minutes, receive the testimony, and then present it at the next meeting when you have quorum . Attorney Jung further explained that if there is no one to testify then the discussion should really stop because quorum is what constitutes the Board 's ability to get together and discuss Board business. He said that you want to have enough people present to understand the issues prior to the decision making ; if you do not have enough people present you cannot make a decision . Ms. Glass clarified that each member gives some kind of report of their respective agency or on an issue they may want to discuss at the next meeting and so there is no action that is required . She asked Attorney Jung if he would still stop the meeting at that point and he replied that indeed he would stop the meeting . Attorney Guyot clarified that the situation Ms. Glass was referring to involved a member having to leave the meeting abruptly, so there was no opportunity available to allow the member that was delivering their report to finish . He said it is always a difficult decision to stop a meeting because the person that left the meeting has no input yet is still part of the group and you really need to balance that. Attorney Guyot apologized for the abruptness of closing the meeting in that situation . Ms. Glass acknowledged and thanked Attorney Guyot for his apology. MACFEA — November 20 , 2012 5 Ms. Glass recalled one of the new amendments allowing someone to attend the meeting via audio and asked how that could work for MACFEA because there are members that are hearing impaired and require visual assistance during the meeting . Attorney Jung said at the bottom of every agenda there is tagger language that if you need appropriate technology to accommodate a specific disability, it can be made available. He said that in the case where it is just audio , if someone requests visual then that needs to be addressed . Attorney Jung said for MACFEA in particular there should be audio and visual , but in a Planning Commission meeting if someone wanted to participate by phone and no one objected in the audience, then they could move forward with just the audio portion . Attorney Jung emphasized if a request is made for special assistance then you should accommodate that request. Attorney Jung reminded the members that the idea behind the Sunshine Law is to openly discuss items that are board business. He stated that this is critical because someone could challenge procedure and there are implications beyond the decision making where you can void a decision if you violate the Sunshine Law. Ms. Glass asked if it matters what type of camcorder you have on your computer such as Skype. Attorney Jung said he called OIP earlier in the morning regarding this inquiry and they referred to it as Skype but there are several different companies that offer this type of video/audio conferencing via internet. He said Skype is 1 of many tools you can use to participate and that it does not matter what type of camera you have on your computer. Attorney Jung cautioned that if the video or audio goes down you have to stop the meeting . He added that if you notice the meeting at other locations and the power goes out, then you will have to stop decision making on that particular item of which you are talking about; if you have quorum you may continue on other items. Action : Ms. Costales called for a vote to receive the verbal report. Motion carried : 9 :0 . • Communications dated 9/10/12 and 10/31 /12 from Brandon Raines providing an update with regard to implementing WiFi in County facilities and Internet Bandwidth Upgrades to accommodate expanded use. Action : Ms. Bell moved to receive Communications dated 9/10/12 and 10/31 /12 from Brandon Raines. Ms. Glass seconded the motion . Dr. Lucy stated that according to the most recent report the WiFi should have been installed by now in this meeting room , however she checked on her iPad and was not able to receive internet access. Support Clerk Barbara Davis informed the committee that staff will follow up on the WiFi installation . Action : Motion carved 9 :01 MACFEA — November 20 , 2012 6 Ms. Glass asked if this item could be forwarded to the next agenda so that the committee can get an update to make sure that the WiFi has been installed . Ms. Davis confirmed that the item will be deferred to the January meeting. Action : Item deferred to January meeting . • Update regarding status of accessible bus stops and accessible routes to all public libraries and schools on Kaua'i and what action is needed to remedy those that are not accessible Ms. Davis informed the committee that there is no one to give a report and asked Ms. Nuland-Ames if she had any updates regarding the agenda item , Ms. Nuland-Ames said that a request was made to the Department of Transportation for information on the agenda item; however it seems that the report was not sent to Ms. Davis. Ms. Davis asked the Chair to entertain a deferral of this item because staff did not receive the report. Action : Item deferred to the January meeting . • Election of Chair and Vice Chair for 2013 Ms. Valdez nominated Ms. Costales as Chair, Ms. English seconded the nomination . Ms. Eiben nominated Ms. Doi , Ms. Doi declined because she stated that she was not sure if she could attend all the meetings and did not think that would be fair to the committee . Action : Motion carried 9 :0 . Ms. Costales elected Chair. Ms. Eiben nominated Ms. Nuland-Ames as Vice Chair. Ms. Davis informed that because Ms. Nuland-Ames is a staff member that she cannot serve as Vice Chair, Ms. Doi nominated Ms. Valdez, Ms. Valdez declined because she is unsure she will be able to attend all the meetings. Ms. Costales nominated Ms. Cummings; Ms. Cummings informed the committee that this is her last meeting . Ms. Costales nominated Dr. Lucy, Ms. Valdez seconded the nomination , and Dr. Lucy declined . ( Ms. Bell left the meeting at 1 :33 p. m . ) Ms. Costales nominated Ms. Manriquez, Ms. Manrquez declined . Ms. Glass stated that she too will decline nomination. MACFEA — November 20 , 2012 7 Ms. English declined because she is a neighbor island member and does not know if she can attend all the meetings. Attorney Guyot advised that it would be helpful to have a Vice Chair for times that the Chair is not there, in which case then you would be stuck with a pro tem type of situation . He said that even though it may be difficult for someone to be here all the time at least by having a Chair or Vice Chair there is a bigger chance of completing tasks. Ms. Davis reassured the members that staff is always available to help assist with the meeting . Ms. Costales asked if anyone wanted to volunteer to be Vice Chair to which Attorney Guyot said that the committee can defer election of the Vice Chair to the next meeting . Action : Deferred election of Vice Chair to the January meeting . REPORTS • DCAB reports for August, September, October and November, 2012 Dr. Lucy stated that a lot of what is stated in the reports has been accomplished . She believes the most important thing is the announcement that DCAB will host Emergency Preparedness Forums on all the islands; KauaTs workshop is on December 6 , 2012 in the State Building , Conference Rooms A, B, and C on the second floor. She said that she had already arranged for an interpreter to be there. Dr. Lucy stated that she has informed the deaf community and hopes that the other members inform their communities as well because this is an important event for the island . ADA Coordinator's report Ms. Nuland-Ames informed the members the location of her new office is on the second floor of the round building with the County Attorney's Office across of the Mayor's Office. She added that it is wheelchair accessible. She encouraged the members to invite people to attend the forums regardless if they have a disability or not. Ms. Nuland-Ames reported that she had received many calls and emails following the recent tsunami warning which is why she believes this community forum (MACFEA) is absolutely necessary. The main concern was in regard to the emergency shelters (also known as holding places) because most people expected to be provided with food , water, cot, blanket and pillow. She stated that the public needs to be better prepared for an emergency. The public was given 2 hours notice and had the tsunami hit it would have been a very difficult situation . Another concern was the 'Connect CTY Calls and Texts' on the County website. Throughout the state people complained that they did not receive the call/text alerting MACFEA — November 20 , 2012 8 them to the tsunami warning . She stated that a large contributor to that was the fact that a lot of people were probably on the phone during this time therefore delaying the alert. She added that Connect CTY is not a County service but a national service so you can call Civil Defense with your problems. Ms. Nuland-Ames suggested to go to the County of Kaua'i website (www. kauai .gov), look for an orange and white button , click on Connect CTY and you will be directed to the page to verify/change your information . If your information does not show up, she suggested re-registering . Another suggestion she gave is to input a variety of ways that you can be contacted such as cell phone , landline, TTY, text, email , etc. The other big issue during the recent tsunami warning was transportation . Apparently people on the island thought if there is an emergency you can call the Department of Transportation and they would send someone out to get you . She said that the staff at Transportation is really nice but because the warning was only 2 hours, it was nighttime, and there were no par transit buses on the road at the time, in addition to roads closing , the likelihood of a bus being able to make it out is small . Unfortunately word got around that if you need transportation you can call the County; that is not true. People need to have an emergency plan ready whatever the situation is. Ms. Nuland-Ames stated that on a happier note the United States Department of Justice found that the County of Kaua'i had reached full compliance with the Access Settlement Agreement. The Mayor directed praise towards MACFEA in saying "it has taken a concerted effort of numerous agencies and individuals to get to this point of full compliance, and we are very proud of this achievement. And with us along the way was the Mayor's Advisory Committee for Equal Access (MACFEA) providing feedback and guidance that was invaluable in reaching our goal ." She stated that for those interested she has copies of the press release available. She added that Attorney Guyot played a big role in the final stages. Attorney Guyot clarified that this is just 1 settlement agreement that the County had a few years back that they kept getting extensions on . They had finally taken care of all of the items that were requested of the County but this is not the final transition plan or the ongoing projects that the County continues to do . Therefore while that 1 section was finally completed after 3 years of getting extensions, there is still more to do and the help of MACFEA will be needed . Ms. Glass asked if they were talking about the Burkhalter lawsuit or a separate suit to which Attorney Guyot stated that Burkhalter (reference Dirk Burkhalter) had already been settled that set some guidelines for the County. After Burkhalter there was a site visit and that is where a lot of the deficiencies were brought to the County's attention . The last item to address was an ADA parking stall at Kalawai Park in Kalaheo. The area was recently beautifully leveled with new asphalt except it was not striped properly. Once the County was notified by the DOJ in Washington that everything looked okay except there were no blue stripes on the parking stall , he called Parks & Recreation to put out striping to which they could not because the machine was broken . Unfortunately they could not borrow a machine from the State, nor could they use the heat sensitive MACFEA — November 20 , 2012 9 tape because they do not use that kind of tape . It took 10-12 weeks to go through government procurement to get the tape, and once the taping was done and pictures were sent to DOJ , that condition was satisfied . He added that something like this sounds simple to do and you would think that the State can help sometimes but they are unable to because of liability. Ms. Glass asked if this striping was for the accessible route to which Attorney Guyot clarified that the striping is for the ADA parking area that includes the access lane and the stall itself. Ms. Nuland-Ames continued with her report and said that in September she had attended the County ADA Coordinators meeting and learned that the Center for Disability Studies at UH has put together a website that is structured for Pads with apps for androids and Phones, It is referred to as Tips for First Responders which is a quick way to access information that someone needs in an emergency. They will tailor it to each island to include the island's resources to contact for more information . She has distributed this link within the County for feedback and to the Developmental Disabilities Council; KPD is extremely excited . She will also email the MACFEA members so they may take a look at it and if there are any recommendations about the information that is given or about local resources to reply back to her. The most time consuming concern was the status of the MACFEA committee. Maui and the Big Island have been reducing the meetings to quarterly which personally she believes is too far apart. Those islands are also working more on individual assignments like the investigative groups the Kauai MACFEA group has been exploring here so that the members are doing more research , investigation , checking up on things around the island , and then reporting back to the committee at the meetings. Ms. Nuland-Ames recommended adding this as a discussion to MACFEA's plans on next year's agenda. Ms. Nuland-Ames said at the Coordinators meeting there was a lot of concern of how the meetings are run and that she did learn from the other coordinators that they too are under Boards & Commissions rules, Sunshine Law, County Attorneys attend all the meetings, etc. Lastly in the past she stated that her predecessors spent a lot of time going out to private places and businesses however the law does not give the County the right to tell private businesses what to do. She said that she knows there is a lot of interest in things such as the new movie theatre or problems with the library facilities and if that is an ongoing interest for members they just need to understand that it is out of the scope of this committee. It might be good to form a new community group to keep an eye on things like Title 3. Ms. Glass asked if the other County's ADA Coordinator does not advise private companies or State about disability access. Ms. Nuland-Ames stated an example of someone wanting to bring their service dog to Macy's; in this case she said that person would be referred to the ADA information on the website . However, the coordinator MACFEA — November 20 , 2012 10 does not go out to investigate or instruct. Ms. Nuland-Ames confirmed that all of the neighbor island coordinators follow this policy as well as the State , but Attorney Guyot would be able to better legally explain this. Attorney Guyot said unfortunately the County does not have ADA laws; there are only State and Federal . Therefore the County is not the appropriate agency to enforce these laws. Ms. Glass asked which State agency would monitor and enforce that type of advisement to which Attorney Guyot replied he believed it would be DCAB . He asked Dr. Lucy if that would be a DCAB function to which Dr. Lucy confirmed that it is. Ms. Glass said that DCAB does not have any police policy so they cannot enforce, they are not enforcers. She asked if everyone in the State has to go to the Department of Justice with a complaint if they find a facility inaccessible. Attorney Guyot said that public accessibility is also handled by the Hawai'i Civil Rights Commission which is kind of like the enforcement arm . He said the State has the laws for it as well as the enforcement while the County has no accessibility laws although the County follows State and Federal. Ms. Nuland-Ames added that Ms. Kathy English is also available for information through the Hawai'i Disability Rights Center, Ms. Glass said the Hawai'i Disability Rights Center mostly works on individual cases and guardianship . She asked Ms. English if there is a private company in a public place that offers services to the public and it is not accessible, would that go to the Hawai 'i Disability Rights Center, Ms. English said it would and that they do not "do" guardianships but they sometimes un-do guardianships. Ms. English said they do public access for instance, if there is a restaurant or store that is not accessible, a site survey would be done and turned over to an attorney. • Updates / Announcements Ms. Doi reported that DDC has been involved with Kaua'i Community Children's Council as well as Hawai'i Families As Allies and the Department of Education . They are working towards getting volunteers to go into the schools (fifth graders in particular), and training individuals for "make a friend be a friend". The volunteers go into the classes to give scenarios and ask the kids what a true friend is like and receive feedback on what the kids would do if they saw a bully picking on someone. The kids are given bracelets and have to write a card of what they have done to help someone else; in return the kids are given a gift card . This is a pilot project which is why the current target is fifth graders . Another event in collaboration with the DOE , Hawai'i Families as Allies, and Kaua'i Community Children Council is to do a transition event at Chiefess Kamakahelei Middle School on January 26, 2013 . This event is on "transitions" and the guest speaker is Leolinda Parlin . She will be speaking on transitioning , bullying , and information regarding guardianship and power of attorney, Ms. Manriquez stated that the recent STBIAB meeting was held on Friday, November 16 , 2012 . There was no quorum so no business was discussed . According to Attorney Jung's Sunshine presentation she realized that she had been acting as a PIG because MACFEA — November 20 , 2012 11 she had been reporting on a friend that had a concussion which is now a mild traumatic brain injury. Ms. Manriques said that her friend 's employer had been telling her about some type of holistic type of therapy and treatment. Her friend has been recovering using that holistic approach . She said the Board Director wanted her to attend the meeting , gather information on this holistic approach , and report back to the Board in January. Ms. Eiben reported that there will be a Thanksgiving lunch the next day at the Convention Center at 11 :00 a. m. Dr. Lucy stated that there was nothing further to report on DCAB . If anyone wants more information they can contact her and she can help. Ms. Cummings stated that today is her last meeting and thanked the committee for allowing her to participate for the last 2 years. Ms. Glass thanked Ms. Cummings for her participation and stated that she had nothing to report. Ms. Valdez said she had nothing to report relating to this meeting other than on December 1 , 2012 there will be a meeting for those with neuromuscular diseases. She comes up with craft ideas and the meetings are always fun and invited everyone to attend . The meeting will be at 11 : 00 a. m . in this meeting room . Ms. English added to her previous comments that the Hawai'i Disability Rights Center does not do guardianship but they do power of attorney for health care and education if people need that. Also the only other thing that is new is they have a new Intake Advocate, Judy Mahoney. Bryant is still there in addition to Judy but Mary has left so there are still 2 intake advocates and they are still working on the usual projects. Ms. Nuland-Ames reminded the committee that Keri Russell is the new Red Cross Director. Ms. Bell said she had nothing to report and is looking forward to the new year. Ms. Davis informed the committee that if anyone wanted a copy of the current pamphlet on the Sunshine Law there are booklets available on the table. Attorney Guyot added that it is also available on the web . Ms. Glass asked what website the document can be found on to which Ms. Davis said the State Office of Information Practices website and that she can send the link to Ms. Glass. Ms. Glass asked if they can put on the agenda a section for requests on issues that they would like to place on the agenda so that the committee is more organized about knowing what is going to be on the next agenda. She said this could be a place where people can put in their request. Ms. Davis said that requests can always be made directly to the Chair at anytime because the Chair has the option of placing it on the MACFEA — November 20 , 2012 12 agenda. She encouraged communicating with Chair Costales. Ms. Glass said she just wants to make sure these requests do not fall through the cracks and thought that this could be someplace to enumerate these requests. ADJOURNMENT Action : Ms. Doi moved to adjourn the meeting at 2 :05 p. m. Ms. English seconded the motion . Motion carried 9 :0 . Respectfully submitted by. Ihilani Laureta, Staff Support Approved as circulated ) Approved as amended MACFEA — November 20, 2012 13 , Aloha Barbara (11/20/12), Installation started on 11/9. We are close, but not quite there yet. Most of the wireless access points are live and being tested/configured/secured . There were a few unexpected wiring problems including Meeting Room 2. 1 expect all will be addressed by end of year. Please follow-up with me about a week before the next meeting so I can provide you with another update. Thanks and sorry for any confusion —Brandon . Brandon Raines IT Manager, County of Kauai 4444 Rice Street, Suite 427 Lihu 'e, HI 96766 Tel : (808) 241-4406 Fax: (808) 241-6266 Email : braines @kauai.eov COUNTY OF KAUAI MAYOR'S ADVISORY COMMITTEE FOR EQUAL ACCESS c/o Boards and Commissions 4444 Rice Street, Suite 150 Lihue, HI 96766 2013 MEETING SCHEDULE January 15 , 2013 March 19, 2013 May 21 , 2013 July 16, 2013 September 17, 2013 November 19 , 2013 , 46 OF 11,4 4P 9a0 �' i d DISABILITY AND COMMUNICATION ACCESS BOARD 919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814 Ph. (808) 586-8121 (V/TDD) • Fax (808) 586-8129 December 2012 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 State Council on Developmental Disabilities State Independent Living Council Submitted by Francine Wai , Executive Director 1 . Reminder on DCAB Emerciency Preparedness Forums The Disability and Communication Access Board ( DCAB) will be conducting free community forums to obtain feedback about emergency preparedness and the needs of individuals with disabilities and other access and functional needs related to the Interagency Action Plan for the Emergency Preparedness of People with Disabilities and Special Health Needs. If you are an individual with a disability, have a family member or friend with a disability, work with individuals with disabilities, or are interested in emergency management issues, you are invited to attend . Forums are from 10:00 a. m . to 2 :00 p. m . with the exception of Maui , which begins at 10:30 a. m . A light lunch will be provided . The scheduled dates are: Hilo - December 3, 2012 Aging and Disability Resource Center Training Room 1055 Kinoole Street Maui - December 5, 2012 Wailuku State Building , Conference Room B , Third Floor 54 High Street Kauai - December 6, 2012 Lihue State Building 3059 Umi Street, Conference Rooms A, B , and C, Second Floor Kona - December 10 , 2012 West Hawaii Civic Center, Community Meeting Hale 74-5044 Ane Keohokalole Highway Oahu - December 17, 2012 5th floor Conference Room (DCAB Building) 919 Ala Moana Boulevard If you would like to register or request an auxiliary aid or service (i .e. , sign language interpreter, large print materials, etc. ) please contact Debbie Jackson at dcabadoh . hawaii .Qov. 2 . DCAB to Host Community Forums on Accessible Parking DCAB invites you to attend a free informational forum on the parking program for persons with disabilities. Come and learn about the new requirements, including the renewal by mail program , how to replace lost placards and identification cards, etc. The forums will be held as follows: Kona — January 8, 2013 from 1 :00 p. m . — 3:00 p. m . Hale Halawai Park Conference Room 75-5600 Alii Drive Kauai — January 9, 2013 from 9:00 a. m . — 12 :00 p.m . Lihue State Building 3059 Umi Street, Conference Rooms A, B , and C, Second Floor Hilo — January 22 , 2013 from 9:00 a. m . — 12 :00 p. m . Aging and Disability Resource Center Training Room 1055 Kinoole Street Maui — January 23, 2013 from 1 :00 p.rn — 2 :30 p.m . Wailuku State Building , Conference Room B , Third Floor 54 High Street Oahu — January 29, 2013 from 9 :00 a. m . — 12 :00 p. m . 5th floor Conference Room (DCAB Building) 919 Ala Moana Boulevard If you would like to register or request an auxiliary aid or service (i.e. , sign language interpreter, large print materials, etc. ) please contact William Nakamatsu at dcab _doh . hawaii .gov. If you have a current disabled person's parking permit and are not able to attend the forum , please assist us by completing a short set of questions about how you benefit from the parking program . You can respond to the survey by linking to: http://www,surveymonkey.com/s6VDQLMK. 3. Home Modifications Forum - December 3, 2012 DCAB is co-sponsoring a free forum on The Power of Universal Design in the Home with Chaminade University's Interior Design Program . The forum will feature Ms. Cynthia Liebrock, ASID, Hon . IIDA, who will speak to how to maximize health , quality of life and longevity at any age or any ability level through interior design . If you happen to be on Oahu or know of someone who might be interested in attending , please email Melissa Rand at designatchaminade(cDgmail .com or call 808-739 46801 --------------------------------------------------------------------------------------------------------------------- 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(cdoh . hawaii .gov For the Facility Access E-Bulletin, contact laurie.palenske(cDdoh . hawaii .gov For the Communication Access E-Bulletin, contact kristine. pagano(cDdoh . hawaii .gov For the SPIN Bulletin, contact ian .tateishi(ZDdoh . hawaii .gov