HomeMy WebLinkAbout3-19-13 MACFEA Agenda packet - CANCELLED COUNTY OF KAUAI
MAYOR' S ADVISORY COMMITTEE FOR EQUAL ACCESS
NOTICE OF MEETING AND AGENDA
Tuesday, March 19, 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 January 15 , 2013
BUSINESS
• Presentation on upcoming Disaster Preparedness Drills by Tommy A. Noyes from
the State Department of Health
• Update on installation of Wi-Fi in County facilities and Internet Bandwidth
Upgrades to accommodate expanded use
• Discussion and deliberation with the ADA Coordinator of MACFEA Goals for
2013 (On-going)
• Accessibility report regarding the construction on Lydgate Pavilion and the
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 (Deferred from 1 / 15/ 13
meeting)
REPORTS
• DCAB reports for February and March, 2013
• ADA Coordinator' s report
• Updates / Announcements
o Kaua'i NFB (National Federation for the Blind) Minutes of February 7, 2013
NEXT MEETING
Tuesday, May 21 , 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 : bdavisgkauai. 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.
Meeting Minutes — DRAFT
Mayor's Advisory Committee For Equal Access ( MACFEA)
Tuesday, January 15, 2013
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; Sharry Glass — Advocate , Teacher/Trainer; Kathy English — Hawai ' i Disability
Rights Center. Member Excused : Ana Valdez — Family Advocate
Staff members also present: Linda Nuland-Ames — ADA/EEOC Coordinator; Barbara
Davis — Commission Support Clerk; Marc Guyot — Deputy County Attorney; Jeremy
Lee , Program Specialist Transportation Agency; Captioner: Dodie Weiss — Caption
First.
Call to Order
Chair Elena Costales called the meeting to order at 12 : 31 p . m . with 8 members present.
APPROVAL OF MINUTES
• Regular Open Session Minutes of November 20 , 2012
Chair Costales requested a correction to Page 9 , 2nd paragraph , 3rd sentence to read
paratransit instead of par transit.
Action : Dr. Lucy moved to approve the minutes as amended . Ms . English seconded the
motion . Motion carried 8 : 0 .
BUSINESS
• Update on installation of WiFi in County facilities and Internet Bandwidth
Upgrades to accommodate expanded use .
Ms . Davis reported the latest update from the IT Department is that all of the wireless
access points are now installed and working as expected . However, the target date to
make the wireless system available to users has been pushed out to February. The
extra time is required to address policy issues for access and network security. Along
with this , IT will be making some minor configuration changes in accordance with the
finalized policies .
Ms . Glass applauded the County's IT Department for responding in such a competent
and accomplished way . MACFEA brought it to the attention of IT last summer that this
is required by Federal Law and IT has responded in a terrific way.
• 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
Jeremy Lee from the Transportation Agency said he would speak first on the bus stops
project that covers the entire island . Mr. Lee said he cannot address the issue of
accessibility to the libraries as that falls under the State's jurisdiction and not the
County. Overall the bus stop project will cover 49 locations and the Transportation
Agency has enlisted the support of an engineering and design firm from Honolulu ,
SSFM . They are on track with the 22 locations and they are handling the initial design
and engineering work, providing the scoping for the layout for larger bus pads for the
added amenities of bus shelters with ADA accessible benches and stalls as well as bike
racks , and a larger landing pad for the vehicles to deploy their lifts . That project should
span the better part of a year. Once that is completed , the Agency will be going to the
community with those designs for input on whether or not they approve those
engineering designs for their communities and to get input for the design of the shelters .
Once that is completed the project will move into the construction phase which will
probably take a multi-phase approach to align our resources with the State DOT and
other County agencies so that the road is only torn up one time .
Ms . Glass stated she was very happy to hear this information because ADA was passed
in 1990 and the County is still in non-compliance . Will the company that is doing the
engineering designs submit their plans to DCAB for accessibility controls or monitoring ?
How can we ensure that these are going to be ADA compliant?
Mr. Lee said the Agency has enlisted the support of Linda Nuland-Ames . As part of the
work, SSFM is doing a redevelopment of our bus stop development guidelines , which
line out the ADA accessibility features that need to be in place for each of the bus stop
locations they are developing . That draft document has been supplied to Ms . Nuland-
Ames for review and comments , and to make sure all of the bus stop guidelines will be
the posts they look to in developing the existing and new bus stops in our future and
meet the current ADA standards . The Agency is not only looking at meeting the regular
standards but also the unpassed things that they need to address . They are also
looking at connectivity, which is not part of the current funding but making sure that the
stub-outs for accessible walkways to and from the bus stops are looked at and
designed .
Ms . Glass agreed saying accessible routes are very much a part of the whole picture . It
is inaccessible if there is not an accessible route .
The members thanked Mr. Lee for the information he provided . Mr. Lee advised the
membership that he would be attending all of the MACFEA meetings as a
representative of the County Transportation Agency and is interested in being an active
participant in this group .
MACFEA — January 15 , 2013
• Election of Vice Chair for 2013
Action : Ms . English nominated Ms . Eiben for Vice Chair, Ms . Doi seconded the
nomination . Motion carried 8 : 0 .
• Approval of MACFEA Meeting Schedule for 2013
Action : Ms . Bell moved to accept the 2013 Meeting Schedule . Ms . Manriquez
seconded the motion . Motion carried 8 : 0
• Discussion and deliberation with the ADA Coordinator of MACFEA Goals for
2013
Ms . Glass asked if the non-committee members in attendance could sit at the
committee meeting table stating it is awkward for her to have these participants
speaking from behind her. It was explained that only board or committee members
should sit at the table . Unfortunately , to accommodate the captioning and with the
makeup of 13 committee members there is not enough room at the table to seat the
staff.
Ms . Nuland-Ames said she looked at some of the notes and the goals that had
previously been agreed upon . Some of them have been accomplished such as more
effective communication access to include Wi- Fi , continued ADA awareness training to
all County Employees is an on-going project, and reports from the ADA coordinator on
updates , which is part of Ms . Nuland-Ames' job description so it is not needed as a goal .
It is expected that Keri Russell , the new Director for the Kaua' i Red Cross , will be joining
MACFEA at the March meeting .
Recently there was an emergency preparedness meeting on island and Ms . Nuland-
Ames suggested this become a goal . Everyone whose job is involved in emergency
preparedness is very actively trying to find a way to reach more people and have them
make more sound emergency plans , as well as back up plans and back up to back up
plans , since there is no way to know when a disaster will hit, what it will be , or the
timing . We want individuals to be better prepared and perhaps MACFEA could do
outreach to their organizations and their communities about this as a potential goal . We
know that the Red Cross is very, very understaffed so this might be effective in that
way. Also , people with disabilities should be volunteers because they recognize the
access difficulties quicker than someone who does not face them every day .
Ms . Nuland-Ames also reported she is currently working with some of the parks on the
Westside . When people call Ms . Nuland-Ames with a concern about their
neighborhood , she is encouraging them to come to the MACFEA meetings and consider
joining because we need " boots on the ground" throughout the island . However, unless
they work in Lihu'e it is difficult to get here for a meeting which might be cancelled at the
last minute for lack of quorum or if they have an employer who does not give them extra
MACFEA — January 15 , 2013
time off for the meeting . Ms . Nuland-Ames said she would like to see a goal be the
effort of the committee members to help locate people with different life challenges and
living on different parts of the island to join MACFEA. It would be very helpful to have
these communities represented not only by a person 's particular challenge in life but the
community in which they physically reside . Transportation has been mentioned every
year of MACFEA and in 2012 a goal was to have a more equitable paratransit schedule
as well as subsidized bus passes for people with disabilities . Transportation should
continue as a goal because we need to stay up to date on what is happening with
linking the State properties with the County transportation system , as well as watch
what is going on with the new bus shelters and any questions that arise about
paratransit and the financial access of people with limited disability income . Ms .
Nuland-Ames said she would like to see Committee members take that on as an on-
going subcommittee that reports to the Committee as a whole . The neighbor island
MACFEA committees have been trying hard for the past two years to have less
business at their general meeting and more reports . They have the people who serve
on the committee out in the community working on the issues and bringing back their
reports to the committee . Besides being a more effective use of the committee it would
be more interesting for members and would attract new members who have a particular
interest whether it is access to websites , more availability of interpreting services at
meetings and events , and keeping an eye on situations arising with transportation . For
example , use of public transportation has risen quite a bit since last year when
everyone had three weeks free of bus travel . That potentially means there is less room
on the bus and might be more difficult for people who have balance and mobility
problems and there may be people in the community who are particularly interested in
having input because they use the bus a lot. Ms . Nuland-Ames said she understands
the County website is fully accessible but it helps when people report back on the
website and perhaps there is another subcommittee of people who use the website
regularly and can report any issues they encounter. Parks and Recreation could also
be a subcommittee which could be fun for those who do use the parks . One problem
recently had been resolved until heavy rains and flooding created new accessibility
problems . After learning of the problems , Ms . Nuland -Ames went with the crew to look
at scheduling the repairs but there is a concern because no one person can know what
is going on everywhere . Filling the vacancies in the MACFEA membership and being
more proactive in the community could be an enormous help to keep problems and
upsets from arising .
Ms . Glass asked if the maintenance people in the parks alert Ms . Nuland-Ames to
situations like that. Ms . Nuland-Ames said that would be ideal and some things do
come up that way but it is not the same for someone who is doing their routine
maintenance at the park as it is for someone who is helping someone in a wheelchair to
access it; it is just different. Ms . Glass asked if that were an appropriate place for
training in disability access . Ms . Nuland-Ames said there is more training coming up but
it is different for someone who is actually living with a disability. Areas of concern may
not be obvious unless you are looking for or dealing with it. That is the importance of
getting more feedback from the people who actually use the parks . Things could be
taken care of quicker before it gets blown up and becomes a bigger problem .
MACFEA — January 15 , 2013
Ms . Glass asked if they need to advertise the MACFEA committee better so people will
feel free to bring their issues . Ms . Glass asked if there was a phone number (for the
committee ) or a listing in the calendar or newspaper with a phone number for the people
to call for the committee . Ms . Nuland-Ames said the agenda of the actual meetings do
have a contact name , number and email . If the Committee asks the Mayor's Office to
do a press release there would also be a contact name and number. Ms . Glass said
she was thinking of an on-going release so it is not just once every two months or
occasionally.
Ms . Nuland-Ames said they need to schedule community meetings in the places that
are the holding locations and the emergency shelters and invite everyone in the
neighborhood to come . That would be an appropriate time for MACFEA to attend as
well and let the public know what the committee does and how it is relevant to their
neighborhood as well as assuring that the ADA is fully considered at all of these
different shelters and holding areas . Holding stations can be just a parking lot and is
not the bigger issue because it is a very temporary thing . It is when people actually
have to go to a shelter that issues tend to arise .
There was a recent meeting at the Civil Defense with the Department of Health ,
Developmental Disabilities Division , Centers for Independent Living and the community
associations to talk about the problems . We began to see from the last tsunami
warning where in despite of everything there were people who were totally unprepared
and arrived at shelters and were surprised there were not bunks and food and water.
People are also still expecting to be picked up and taken to the shelters . Depending on
the time of day and the nature of the emergency, the Transportation Agency will do all it
can to help but it also has to secure its vehicles and personnel because they are not
first responders . Not only are emergency plans being discussed but also back up plans
to those plans so people will be ready under any circumstances . That is a major
outreach that we are slowly bringing together and MACFEA can certainly play a role in
that.
Another opportunity to strongly promote MACFEA is at the community meetings that the
Mayor' s Office hosts and there are a series scheduled in February with more to be done
later in the year. Ms . Bell asked if Verizon and AT&T have been invited to share some
of these things as she did not have phone or cell phone service and it is scary when
someone cannot make contact to find out what is wrong . Ms . Nuland-Ames explained
that a fiber-optic cable on Oahu was sliced and created a state-wide problem . Ms .
Glass thought Ms . Bell 's point was well taken because part of emergency preparedness
is to prepare for lack of communication . Ms . Bell asked if it was possible to use the
tsunami warning with a different kind of tone to indicate another type of emergency. Ms .
Nuland-Ames said the problem with the warning is that it is basically a notice to get
more information and you would still need to listen to the radio , get on the phone or the
computer to access what the emergency is . Ms . Nuland -Ames said this discussion
shows that perhaps MACFEA wants to make disaster preparedness as it relates to the
County a sub-committee .
MACFEA — January 15 , 2013
Dr. Lucy asked how the sub-committees related to the Sunshine Law. Ms . Nuland-
Ames said if people want to form a committee it would have to be on the next agenda
with the sub-committee empowered to meet on its own and bring back a report to the
full committee . Staff stated that the sub-committee (also known as a PIG or permitted
interaction group) would not have to be noticed but it would have to bring its report back
to the committee for any action needed . Ms . Eiben said she had a concern that should
be brought to the attention of the Mayor. Ms . Eiben related that when she is eating
lunch at the parks and need to use the restroom , they are never clean and do not have
any paper towels for drying the hands . Ms . Nuland -Ames asked to speak with Ms .
Eiben afterwards to find out which parks because she is aware of two parks that have
particular problems due to major vandalism and yet those facilities are cleaned regularly
and supplied . The Mayor' s Office is aware of and working on the problems but some of
the parks are more isolated and the facilities just keep getting trashed . Ms . Glass said
part of the issue is that accommodations are not sufficient for the usage and that is
absolutely true at Ke'e Beach . There are not enough bathrooms for the number of
people who are trying to use them and that needs to be addressed . Ms . Bell said in her
travels on the mainland there were local ladies who cleaned the bathrooms on the state
roads and were very proud of having clean facilities ; it might be something to think
about. Ms . Nuland-Ames said there are civil service laws about who you can hire to do
some jobs . Attorney Guyot advised the Committee that Ke'e Beach is a State beach
and while the State does provide grant money to the County to provide the lifeguard
service it is the State who is responsible for the roadway and the facilities .
Action : Ms . Glass moved that this discussion be continued at the next meeting at which
time they would vote on actual goals .
Ms . Bell thought the Committee needed the methodology to accomplish the goals as
well . Ms . Nuland-Ames suggested members take the information and think about what
their commitment to equal access is in the County, what the areas of interest are and
the willingness to work on those areas and put together ideas of how things should be
addressed and be prepared for a full discussion at the next meeting .
Ms . Bell and Dr. Lucy both seconded the motion . Motion carried 8 : 0
• Accessibility report regarding the construction on Lydqate Pavilion and the
replacement of the portable ramp to the stage with a fixed ramp
Ms . Nuland-Ames did not have the final information but several months ago it appears
that constructing a ramp , while ideal , was not possible due to a long list of construction
problems and costs . To use the pavilion with the stage , a permit is required (from Parks
and Recreation ) and at that time accessibility and auxiliary aid requests would be made .
There is a lift available that would be put on site for the event involving the permit with a
person to demonstrate how to use it and to be safely stored after the event. Ms . Glass
asked Ms . Nuland-Ames to pursue this further because it was the Committee's
understanding from a report Ms . Pilkington made that the lift was not easily used and
MACFEA — January 15 , 2013
was not something you could put up with a last minute notice if someone needed
accommodation and decided to attend an event. It is hard for non-profits having large
events to make sure whoever needs accommodation does ask for it in sufficient time for
the acquiring of the permit. This needs to be facilitated better because people are not
able to participate in performances because of the lack of accommodation . Ms . Nuland-
Ames said she could see how that would be a problem . It appears from looking at
correspondence the lift that is available is compliant and the Parks and Recreation
personnel would get it into place , remove it after and show people how to use it. There
is some difficulty with getting it there and it can 't be left at the site ; it has to be stored . It
is the permit holder' s responsibility to make sure their event is accessible . Ms . Glass
questioned if it could be highlighted in red that a portable lift is available or make some
specific reference to physical accommodations rather than just anyone needing
accommodations . Ms . Nuland-Ames said she is still putting together the actual
agreement and how it will work . Ms . Bell said it seemed the County would have a much
greater liability getting someone like her to operate a lift and if it didn 't work or someone
fell that would be a much bigger risk than asking the Lions Club to build a ramp . Ms .
Nuland-Ames said you can 't just build a ramp ; plans have to go through ADAG for
approval .
Chair Costales noted the group had lost quorum , with only 6 members present and
asked if the meeting needed to be stopped . Attorney Guyot advised the Committee that
they would need to stop the meeting , even though there were no further actions to be
voted on , due to the lack of participation from others to hear what is going on .
Adjournment: Chair Costales announced the meeting was adjourned at 1 :24 p . m . due
to loss of quorum .
MACFEA — January 15 , 2013
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DISABILITY AND COMMUNICATION ACCESS BOARD
o- 919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814
°TVa.�.�'q°�� Ph. (808) 586-8121 (V/TDD) • Fax (808) 586-8129
February 2013
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
We apologize for the gap in updates over the holidays but we are back on track for 2013 .
1 . Legislative Session
The Legislature is already in full swing . We have introduced the following bill through the
Administration :
HB 892/SB 1132 - Relating to Funding for Parking for Disabled Persons Increases the state
motor vehicle registration fee by $ 1 to be deposited into the DCAB Special Fund to operate
the statewide parking program for persons with disabilities .
In addition to the above DCAB-sponsored bill , we are monitoring other issues . Of the
approximately sixty to seventy five (60-75) different bills that we are tracking , a few key bills
are listed below. If you would like to know the bill numbers , please contact Debbie Jackson at
debbra .jackson (c doh . hawaii . gov .
A bill to allow issuance of two parking placards .
- A bill to allow the parking placard to be placed on the dashboard of a car rather than
hanging from the mirror.
- A bill to clarify that a person may go to state court to enforce incorrectly designed
accessible parking stalls and sets forth a penalty for not having a compliant parking space
or signage .
- A bill to establish a Comprehensive Services Center for persons who are deaf, hard of
hearing , and deaf-blind .
- A bill that requires public meeting notices to provide a contact person and information for
requests for accommodation . Requires notices that are posted electronically to conform to
the applicable provisions under the Rehabilitation Act of 1973 , as amended .
- A bill to establish an Alzheimer's disease and dementia coordinator in the Department of
Health .
- A bill to establish the Kupuna Trust Fund .
- A bill to establish a Language Access Resource Center.
- A bill requiring increased coverage of hearing aids .
- A bill relating to the use of segways on sidewalks for police and persons with disabilities .
- A bill relating to pets (and service animals ) in restaurants .
- A bill relating to deposits for pets in residential settings .
- A bill seeking service animal certification at the county level .
- A bill establishing a mobility management task force to address transportation needs of
persons with disabilities in rural areas .
2 . HRS § 103-50 Interpretive Opinions
DCAB issued three (3) Interpretive Opinions that impact accessibility in state and county
design and construction projects . The interpretive opinions are on ( 1 ) operable windows , (2)
accessible picnic tables , and (3 ) outdoor recreation areas . For more information , you may go
to the DCAB web site or contact Curtis Motoyama at curtis . motoyama doh . hawaii . gov.
3 . Parking for Persons with Disabilities Locator App
DCAB is in the very early stages of research to develop a locator app to help individuals with
disabilities locate accessible parking stalls . To help us know what information would be most
important to users , we have developed a short survey online to ask permit holders to
complete . The link to the survey is on the DCAB 's home page at
www. hawaii . gov/health/dcab . Or for more information , contact Bill Nakamatsu at
william . nakamatsu (a�,doh . hawaii .gov.
4 . Upcoming DCAB Conferences and Training
Mark your calendars for the following upcoming DCAB-sponsored training (more detailed
information to come in the next Update ) .
- SPIN Conference — April 6 , 2013 at the University of Hawaii Campus Center; $25 . For
more information , contact either Susan Rocco or Jan Tateishi at (808) 586-8126 or
susan . rocco(@doh . hawaii . gov or jan .tateishi (aDdoh . hawaii . gov.
- HQAS Interpreter Training (for ASL interpreters for Continuing Education Units) — April 19-
20 , 2013 . For more information , contact Kristine Pagano at
kristine . pagano(a�doh . hawaii .gov
- Accessible Residential Design — April 25-26 , 2013 at the Ala Moana Hotel ; free . For more
information contact either Mona Higa or Laurie Palenske at mona . higaccDdoh . hawaii . gov or
laurie . palenske(o)doh . hawaii . gov.
5 . Mahalo for the Community Input
Mahalo to all who attended the DCAB community forums on emergency preparedness for
persons with disabilities to assist us update the " Interagency Action Plan for the Emergency
Preparedness of People with Disabilities and Special Health Needs . " Although we will not be
updating the Plan until early summer, if you would like a two (2 ) page summary of the
comments , contact Debbie Jackson at debbra .jackson doh . hawaii . gov .
Mahalo to all who attended the DCAB community meetings to be debriefed on the parking
program for persons with disabilities . For more information or a summary, please contact Bill
Nakamatsu at william . nakamatsu (a.doh . hawaii . gov.
---------------------------------------------------------------------------------------------------------------------
Don 't forget to sign up for DCAB's four (4) E-Bulletins
For the Emergency Preparedness for People with Disabilities E-News,
contact debbra .jackson doh . hawaii . gov
For the Facility Access E-Bulletin, contact laurie . palenske(a),doh . hawaii . gov
For the Communication Access E-Bulletin , contact kristine . pagano doh . hawaii . gov
For the SPIN Bulletin , contact jan .tateishi (a doh . hawaii . gov
4E OF M4
'�Pire \969 n 9i
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DISABILITY AND COMMUNICATION ACCESS BOARD
o- 919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814
Ph. (808) 586-8121 (V/TDD) • Fax (808) 586-8129
March 2013
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 . Governor' s Directive on the ADA
Governor Abercrombie issued a revised Directive Number 12-06 on December 18 , 2012 , to
reaffirm the State's commitment to the Americans with Disabilities Act (ADA) . The Directive
repeals directives that were issued under former Governors Ben Cayetano and Linda Lingle
and consolidates them into one comprehensive directive covering access to employment,
services , facilities , and communication .
The Directive is attached to this Update in both a pdf form as well as a word document.
For more information , contact Debbie Jackson at debbra . iackson (a)doh . hawaii . gov.
2 . New DCAB Board Member
DCAB is pleased to welcome a new Board member, Kirby Shaw, who may be a familiar face
or name to many people . Kirby worked at DCAB for twenty (20) years until he left to pursue
his law degree . Kirby now practices as a solo practitioner but has remained steadfast in his
commitment to disability civil rights issues as a consumer, attorney, and community volunteer.
We welcome Kirby to our Board .
3 . DCAB Brochure on Designing an Accessible Parking Space is Available
DCAB has completed an eight (8 ) page brochure for businesses and entities that operate
parking spaces that outline the requirements for accessible parking . The brochure explains
the required number of stalls , design specifications for the stall , access aisle , and
corresponding signage . The brochure also covers the requirements for unique situations
such as valet parking or electric vehicle charging stations/parking stalls .
Copies of the brochure are available from DCAB by calling our office at (808 ) 586-8121 or by
email at dcab(@doh . hawaii . gov. If you wish to have multiple copies for public education and
awareness purposes , please inform us . Our Standing Committee on Parking and DCAB staff
will be happy to work with you to assist in the dissemination of the brochure to entities to
encourage (and instruct) them on the proper design of accessible parking spaces .
4 . SPIN Conference , April 6 , 2013
The Special Parent Information Network (SPIN ) will be holding its annual conference on April
6 , 2013 at the University of Hawaii Campus Center. SPIN 's theme this year is a "safari
theme" . SPIN is offering its usual wide variety of workshops for family members with
disabilities and for professionals , among the workshops are : Preparing for the IEP , Anti-
Bullying , How to Evaluate Treatments , Natural Supports , Optimistic Thinking , Social Skills,
Accommodations and Modifications , Transition from 0-3 to Pre-School , Transition from High
School to Adulthood , Understanding Your Child 's Assessment, Sibling Issues , Tourette
Syndrome and Disruptive Behaviors , Autism Spectrum Disorder, Learning Disabilities , and
Positive Behavioral Supports . Registration is $25 per parent/$35 for two (2 ) family members
together or $35 per professional . Limited airfare scholarships are available , so apply early.
For more information , contact either Susan Rocco or Jan Tateishi at (808 ) 586-8126 or
susan . rocco @doh . hawaii . gov or jan .tateishi (adoh . hawaii . gov.
4 . FREE Accessible Residential Design Workshop , April 25-26 , 2013
DCAB will be sponsoring a two (2 ) day workshop on designing accessible residential facilities
on April 25-26 , 2013 at the Ala Moana Hotel . The workshop will feature Marsha Mazz,
Coordinator of Technical Assistance for the U . S . Access Board , and Jack Caitlin , AIA, from
LCM Architects in Chicago . The workshop is co-sponsored by the U . S . Department of
Housing and Urban Development (HUD ) and the Pacific ADA Center and will cover the
different standards of the ADA, Fair Housing Accessibility Guidelines , Section 504 of the
Rehabilitation Act, and the Architectural Barriers Act as it relates to accessible design
requirements . The workshop will also present case studies and a panel discussion on
complex problems and solutions .
As a result of the sponsorship of HUD and the Pacific ADA Center, we are able to make the
training FREE . The workshop is focused only on accessible design and will not cover other
aspects of nondiscrimination in residential settings .
For more information on the workshop , contact either Mona Higa or Laurie Palenske at
mona . higa(d),doh . hawaii . gov or laurie . palenske(aa),doh . hawaii .gov .
5 . HQAS Interpreter Training , April 19-20 , 2013
DCAB will be sponsoring its first Interpreter Training workshop , offering Continuing Education
Units (CEUs) for sign language interpreters on April 19-20 , 2013 featuring Brenda McCleese .
The focus of the training will be on interpreting for mental health situations and the Code of
Ethics . The training will be FREE . For more information , contact Kristine Pagano at
kristine . pagano(aDdoh . hawaii . gov
---------------------------------------------------------------------------------------------------------------------
Don 't forget to sign up for DCAB's four (4) E-Bulletins
For the Emergency Preparedness for People with Disabilities E-News,
contact debbra . iackson (a)doh . hawaii . gov
For the Facility Access E-Bulletin, contact Iaurie . palenske(a),doh . hawaii . gov
For the Communication Access E-Bulletin , contact kristine . pagano(a)doh . hawaii . gov
For the SPIN Bulletin , contact lan .tateishi (Moh . hawaii . gov
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EXECUTIVE CHAMBERS
HONOLULU
NEIL ABERCROMBIE
GOVERNOR
December 18 , 2012
ADMINISTRATIVE DIRECTIVE NO . 12-06
TO : All Department and Agency Heads
SUBJECT : Accessibility to State Government by Persons with Disabilities
This Administrative Directive supercedes , consolidates , and updates the previous
Administrative Directives (AD ) and Executive Memorandum ( EM ) relating to
accessibility and persons with disabilities as listed below:
• AD 97-01 Responsibilities for Americans with Disabilities Act Coordination
and Implementation ,
• AD 97-02 Communication Access for Persons with Disabilities to Programs ,
Services , and Activities of the State of Hawaii ,
• AD 97-03 Non- Discrimination to Programs , Services , and Activities of the
State of Hawaii on the Basis of Disability,
• AD 98-01 Reasonable Accommodation for Persons with Disabilities ,
• AD 98-02 Facility Access , and
• EM 06-02 Access to State Government by Persons with Disabilities .
The State of Hawaii , as an employer and an operator of government programs ,
services , and activities , is committed to the needs and civil rights of individuals with
disabilities through compliance with the Americans with Disabilities Act (ADA) , Public
Law 101 -336 , and the ADA Amendments Act (ADAAA) , Public Law 110-325 . As stated
in the aforementioned Administrative Directives and Executive Memorandum , we
remain committed to our legal obligation to provide equal access to employment,
programs , services , and activities of State government for persons with disabilities in
the State of Hawai ' i . On September 15 , 2010 and March 25 , 2011 , the U . S . Department
of Justice ( DOJ ) and the U . S . Equal Employment Opportunity Commission ( EEOC ) ,
respectively, issued new federal administrative rules relating to the ADA. The rules
related to ADA Titles 11 and III became effective on March 15 , 2011 . Other portions of
Administrative Directive 12-06
December 18 , 2012
Page 2
the rules relating to the 2010 ADA Standards for Accessible Design went into effect on
March 15 , 2012 . The EEOC rules for the ADAAA became effective on May 24 , 2011 .
This directive reaffirms the State's commitment to accessibility for individuals with
disabilities set forth under the ADA, the previous directives , and highlights the changes
found in the new administrative rules promulgated by the DOJ and EEOC .
Although the following sections summarize portions of the ADA, the ADA provides the
broad framework for equal opportunity and access to agency programs , services and
activities , including state government, for individuals with disabilities . This
memorandum focuses on the following topics :
a . Facility Access ;
b . Access to State Programs , Services , and Activities ;
c. Communication Access ;
d . Employment; and
e . ADA Coordination ,
Facility Access
Facility accessibility involves new construction and alteration of buildings , facilities , and
sites by the State (or on behalf of the State ) , existing state facilities , state agencies
occupying space in leased facilities , and a state facility that is leased to a private entity.
Each type of facility shall be fully accessible to and usable by individuals with
disabilities .
For new construction and alteration , the State of Hawai ' i adheres to legal requirements
set forth under § 103-50 , Hawai ' i Revised Statutes ( HRS ) that provides for the review of
state and county construction projects by the Disability and Communication Access
Board ( DCAB ) as well as the issuance of interpretive opinions . The Americans with
Disabilities Act Accessibility Guidelines (ADAAG ) , Federal Fair Housing Amendments
Act Accessibility Guidelines ( FHAG ) , and DCAB interpretive opinions are the guidelines
reviewed under § 103-50 , HRS .
Each department and agency shall ensure that all plans and specifications are
submitted to DCAB for timely review prior to construction consistent with Hawai ' i
Administrative Rules ( HAR) , Title 11 , Chapter 216 , Disability and Communication
Access Board Rules of Practice and Procedure .
If a department or a state agency plans to lease an existing facility from a private entity
for office space , the responsible party should contact the Department of Accounting and
General Services ( DAGS ) . DAGS has a checklist that will assist the agency to select a
site that is accessible to individuals with disabilities . A copy of the checklist can be
obtained from the DAGS , Public Works Division , Leasing Branch at (808 ) 586-0508 .
Administrative Directive 12-06
December 18 , 2012
Page 3
Access to State Programs , Services , and Activities
Policies and practices of the State of Hawai ' i departments and agencies shall be non-
discriminatory and inclusive of the whole community (including individuals with and
without disabilities ) . This right includes not only the opportunity to participate , but an
opportunity that is equally effective as that provided to individuals without disabilities .
Policies , practices , and procedures of departments and agencies shall be modified to
provide equal access to individuals with disabilities , unless doing so would
fundamentally alter the nature of the program , service , or activity or create undue
administrative or financial burden to state government.
Programs , services , and activities of the State of Hawai ' i shall be delivered in the most
inclusive setting appropriate to the individual 's level of need . The inclusion of
individuals with disabilities is the goal of the ADA and the goal of the State of Hawai ' i .
In the delivery of programs , services , and activities , the State of Hawai ' i departments
and agencies shall not use eligibility criteria that screen out or tend to screen out
individuals with disabilities unless such eligibility criteria are a necessary provision for
the program , service , or activity. Access shall also be provided to ongoing programs as
well as periodic events such as conferences , workshops , public hearings , and all events
sponsored or co-sponsored by the state .
Departments and agencies shall not charge individuals with disabilities a fee to offset
the costs associated with providing access .
State websites provide access to information about programs , services , and activities to
the public twenty-four hours a day, seven days a week (24/7 ) . Departments and
agencies shall ensure such information is accessible to everyone , including individuals
with disabilities by complying with the DAGS , Information and Communication Services
Division ( ICSD ) policy for accessibility of state department and agency websites in
Comptroller's Memorandum (CM ) 2010-28 . Creating and maintaining accessible
websites allows individuals with disabilities access to information 24/7 , similar to anyone
in the general public using a State website .
Guidance regarding access to programs , services , and activities of State government is
available in the Programs and Services Manual for Persons with Disabilities published
by DCAB .
Communication Access
To ensure that all individuals with disabilities be they consumers , companions , or family
members have equal opportunity to participate in programs , services , and activities of
the State of Hawaii , auxiliary aids and services shall be provided upon request of the
qualified individual with a disability . Auxiliary aids or services may be for individuals
who are deaf, hard of hearing , deaf-blind , blind , have low vision or have speech
Administrative Directive 12-06
December 18 , 2012
Page 4
disabilities . When the department or agency chooses an auxiliary aid or service ,
preference should be given to the request of the individual with a disability .
State agencies shall reference the guidelines set forth in the Communication Access
Services for Persons who are Deaf, Hard of Hearing, and Deaf-Blind, pursuant to HAR
Title 11 , Chapter 218 , as adopted by DCAB to follow when hiring sign language
interpreters and communication assistants for persons requesting such services .
State agencies shall also ensure that all contact points where the agency interacts with
the public are accessible to persons with communication access needs .
State agencies may establish reasonable timeframes for individuals to request auxiliary
aids or services in order to fill those requests . For a list of Communication Access
Providers ( i . e . , American Sign Language (ASL)/English interpreters , real -time
captioners , or computer-assisted notetakers ) , contact DCAB at (808 ) 586-8121 .
Employment
As a major employer, the State of Hawai ' i will provide equal opportunity in State
employment to qualified individuals with disabilities . This commitment includes a legal
obligation to provide reasonable accommodation to facilitate the employment of
qualified individuals with disabilities . Reasonable accommodation is a logical
adjustment made to the application process , in the work environment to enable the
person to perform the essential functions of the job , or to receive benefits of
employment.
The ADAAA of 2008 expanded the definition of "disability, " so that the determination
about whether or not an individual has a disability does not require extensive analysis .
The expanded definition adds two non-exhaustive lists to clarify the meaning of "major
life activities , " as well as a list defining " major bodily functions . " The expanded definition
overturns previous Supreme Court decisions that narrowly construed the definition of
disability.
When a person with a disability is an applicant or employee of the State of Hawai ' i , the
department or agency with the job vacancy has the primary responsibility to provide and
pay for a requested accommodation . Guidance on the provision of reasonable
accommodation for State job applicants and employees is available in the Reasonable
Accommodation for State Employees with Disabilities Manual published by DCAB .
Administrative Directive 12-06
December 18 , 2012
Page 5
ADA Coordination
The State of Hawai ' i reaffirms its commitment to equal opportunity for individuals with
disabilities by designating DCAB to coordinate ADA compliance efforts for the Executive
Branch .
Each department and agency head shall continue its responsibility and effort to provide
equal opportunities to individuals with disabilities in the provision of programs and
services , equal access to employment, and effective communication in all aspects of
State government. Each department shall designate an ADA coordinator/liaison to work
with DCAB to effectuate this directive .
01 1 0444
NEIL ABERCROMBIE
Kauai NFB
Minutes of Meeting
Date : February 7 , 2013 Time : 10 : 08am
Called to Order by : Patricia Shaddock
Attendance :
Robert , Ayame , Elizabeth , Betty , Gilmore , Lee , Gladys , Patricia , Debbie ,
Agenda :
A) Minutes of meeting dated 01 /03/2013 approved with correction on year,
from 2012 to 2013 .
B ) Treasurer' s Report :
January 2013 : Beginning balance . . . $ 3 , 490 . 79
Ending balance . . . $ 37581 . 29
C ) Old Business :
1 , The Fund Raising Committee Chairperson position remains open to
anyone who wants to volunteer.
2 . Target date for chille bowl fund raising is in April . Tickets will be
distributed to members on March 1 meeting . Gilmore volunteered to
set up a table at Walmart mid - March to sell more tickets .
3 . The next meeting will be held on March 1 , 2013 ( Friday) at the State
Building , 2nd floor conference room . . Island Skills Gathering will be
the guest speaker.
4 . Honolulu has not decided where and when to open Glenn ' s position .
Maui and Kauai both put in a request for the position . It will take
months to go thru the process .
D ) New Business :
1 . Robert Burns is going back to Oahu . He will be leaving next Friday .
Best wishes Bob !
2 . Betty volunteered to make the reminder call for April 5t" meeting . The
guest speaker will be Dr. Kashiwa .
3 . Members voted to send a letter of recommendation to the legislature
to pass bill related to not taxing hydro- phonics . Betty Bell will send
letter as soon as she finds out whom to send it to .
4 . Debbie officially joined the Lions Club and got inducted last month .
Her first service project was the eye glass collection where she
collected 60 eye glasses . Her 2nd service project is the pancake
breakfast fund raiser to be held on March 3 at Wilcox Elementary
School from 6 : 30am to 10am . Those who are interested may
purchase breakfast tickets from Debbie for $ 7 each . Congratulation
Debbie !
5 , Lions Club is asking the lions for volunteers to join the Kauai NFB as
replacement for Paul and his wife who had gone back to the
mainland . Debbie volunteered to relay messages to the Lions Club
until an official Lions Club representative comes on board .
6 . Elizabeth will start forwarding minutes of Kauai NFB meetings to
MACFEA c/o Cherisse at czaima @kauai . gov
E ) Guest speaker: Grace and Betty Bell
Topic : 32-day cruise experience which started in Anchorage , Alaska and
headed to 7 countries including United States , Japan , Russia ,
Thailand , China , Korea and Vietnam .
Meeting adjourned at 11 :48am .