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HomeMy WebLinkAbout2010 0216 Minutes Open_APPROVED COUNTY OF KAUAI MACFEA Meeting Minutes REGULAR SESSION Approved as corrected 3/16/10 Board/Committee: Mayor's Advisory Committee for Equal Meeting Date February 16, 2010 Access (MACFEA) Location Mo'ikeha Meeting Room 2A & B Time: 12:05 pm Adjourned: 1 :17 pm Members Rita Manriquez — State Traumatic Brain Injury Advisory Board (STBIAB); Rhoda Rojas — Hawai'i Center for Present Independent Living-Kaua'i (HCIL); El Doi — Kaua'i Developmental Disabilities Council (DDC); Lynn Putisan — Kaua'i Federation for the Blind; Rev. Richard Chun, Senior Representative; Dr. Lucy Miller — DCAB (Disability and Communication Access Board) member; Sharry Glass — Advocate, Teacher/Trainer Members Elena Costales — Consumer, KCIL Volunteer; Linda Nuland-Ames — ADA Consultant, Kathy English — Hawai'i Excused Disability Rights Center; Julia Hall — American Red Cross; Dawn Cummings — Family Advocate COK Staff Christiana Pilkington —ADA Coordinator; Barbara Davis — Staff Secretary; Marc Guyot — Deputy County Attorney Captioner None ASL Interpreter Susan Bruhl Guest(s) SUBJECT DISCUSSION ACTION Call To Order Acting Chair Rojas called the meeting to order at 12:05 p.m. and following member introduction determined there was a quorum of 7 resent. Approval of Ms. Doi moved to approve the agenda as Agenda circulated. Rev. Chun seconded the motion. Motion carried 7:0 Approval of Approval of Minutes of January 19, 2010 Ms. Putisan moved to approve the minutes. Minutes Dr. Miller seconded the motion. Motion carried 7:0 Old Business o Letter to the Mayor regarding the County of Kaua'i Department of Finance rules and regulations relating to licensing of guide dogs, signal or hearing dogs, and service dogs pursuant to Section 143-4 of the Hawai'i Revised Statutes. Ms. Glass and Ms. Pilkin ton felt that a letter to the Mayor at this MACFEE Open Session February 16, 2010 Page 2 SUBJECT DISCUSSION ACTION time was premature. Ms. Glass said she is insecure about liability for the County regarding the licensing of Service Animals. Ms. Pilkington said the Finance Department is challenged by people insisting their dogs be licensed as an Assistance Animal and she has agreed to work with people who want the county to validate Assistance Animal status on their COK Dog License. Although state law says counties are to issue dog licenses and validate if a dog is an Assistance Dog on the license there is no tool or test to confirm a dog is an Assistance Dog and/or Service Animal. There is a test the Finance Department Rules refer to for licensing assistance dogs called the Public Access Test for Assistance Animals but no one on Kaua'i administers the test nor does Kaua'i have accredited trainers or schools for Assistance Dogs and/or Service Animals. Ms. Pilkington said the Kaua'i Humane Society has been reluctant for a long time to identify Assistance Dogs but they are considering administering a test for validation and licensing purposes. Since Service Animals are allowed to go where pets aren't allowed the main objective is that an Assistance Dog and/or Service Animal would be well behaved when working with a person who has a disability in a public setting. It would put Finance Department Personnel who handle dog licensing more at ease to see the documentation, as named, in dog licensing rules. Ms. Glass said if the county adopts new rules that better clarify the validation process under dog licensing procedures for an Assistance Dog - it would eliminate her liability concerns. Attorney Guyot said that because the county issues a dog license that identifies a dog as an Assistance Animal on the license it does not necessarily mean that the county would be held liable if a dog behaves inappropriately in a public place. There is a state law that says the county must create a licensing system for Assistance Dogs but the state law is not consistent with the ADA terminology referencing Service Animals. If the ADA is the prevailing law the MACFEE Open Session February 16, 2010 Page 3 SUBJECT DISCUSSION ACTION counties in the state should align themselves with similar rules. Ms. Pilkington noted that the ADA uses different terminology in reference to the animal itself; what the state calls an Assistance Dog is referred to as a Service Animals by the ADA. The ADA also does not recognize Comfort Dogs or Therapeutic Dogs as Service Animals. Dr. Lucy suggested the county wait until DOJ (Department of Justice) adopts the new revisions regarding Service Animals in the ADA Amendments Act but it could take awhile. Dr. Lucy read from an article in K6kua Line (Star Bulletin newspaper) which said Service Dogs do not need documentation. Ms. Pilkington said there has been a lot of mistrust built up over the years regarding Service Animal Owners not needing to show documentation that their dog has been trained to provide a service based on a person's disability. Pet owners without a disability are the greatest abusers of the law because they know they can't be questioned about their disability. Federal law does not require documentation or certification that a dog is a Service Animal but the county is tasked with validating some sort of certification. There are 3 federal laws addressing Service Animals and Assistance Dogs as well as state and local law but the terminology is different in all the laws and the requirements for an animal to be allowed where animals generally are not allowed varies in all the relating rules contributing to the confusion especially in the area of enforcement. Ms. Pilkington said she would like to put this back on the agenda after she has had more discussion with the neighbor islands at the March ADA Coordinators meeting on Oahu. Ms. Glass moved to place this item back on the agenda in April. Ms. Manriquez seconded the motion. Motion carried 7:0 Reports o DCAB's report for February, 2010 Dr. Lucy DCAB had not had a meeting since the last MACFEA meeting but the legislative committee is MACFEE Open Session February 16, 2010 Page 4 SUBJECT DISCUSSION ACTION working on bills regarding funding for the accessible parking placard program and for charging a service/filing fee of county projects under HRS 103-50 for the DCAB Facility Access Unit document review of design plans. Dr. Lucy was asked if DCAB would continue to reimburse counties for issuing disabled parking placards and she replied, "If the Counties continue to issue the placards they will be reimbursed." o Members' reports Ms. Doi — The Developmental Disabilities Council's Day at the Capital is Thursday, March 18 and there are scholarships available on a limited basis; air fare and lunch would be covered. They are also planning the next legislative forum for September and welcome any assistance in planning the event. The next DD meeting is March 1 , 12:30 pm at the DOH (Department of Health) conference room Ms. Manriquez — Her term with the STBIAB (State Traumatic Brain Injury Advisory Board) was extended and she is still part of the Neurotrama Board which will meet on February 26. The University and Department of Health are assisting with the peer mentoring project Ho'oikaika. Rev. Chun - Working with Kealoha Takahashi (Agency on Elderly Affairs) on an area plan for the next 4 years to determine how much money goes to which program. Rev. Chun was asked to check with Ms. Takahashi on programs offered by Elderly Affairs that specifically address elders with disabilities and report back to MACFEA. Ms. Putisan — Kaua'i Chapter of the Federation for the Blind meets the 1 sc Thursday of the month at the State Building. Current projects are learning to walk with the red and white cane, cooking, talking computers and large letter computers. Ms. Putisan announced she will be going to the Philippines for 7 months (April 4 to October 16) but will try to have a representative attend like Ms. Betty Bell. Ms. Glass — there was strong opposition when Glen's position as facilitator was eliminated but it has been reinstated and he over-sees all the islands. Ms. Glass will be out of the country from March 5 to April 5. Ms. Pilkington —Advised Ms. Putisan that her lengthy absence would necessitate her resigning from MACFEA and she would be considered for reappointment upon her return if there are still positions available on the Committee. MACFEE Open Session February 16, 2010 Page 5 SUBJECT DISCUSSION ACTION Ms. Rojas — The Hawai'i Center for Independent Living self-advocacy group meeting is scheduled for March-2-3 30, 10:00 to 11 :30 am at the LThu'e United Church with Ms. daRiRe Rosie Rapozo from the Transportation Office speaking to the group about the bus. Next MACFEA o Tuesday, March 16, 2010 meeting Suggested agenda items for the March meeting: • Update on access barrier removal projects • Lydgate Park camping update • Emergency preparedness update • Discussion of a subject for the Together We Can Mayor's show Adjournment Rev. Chun moved to adjourn at 1 :17 pm. Ms. Putisan seconded the motion. Motion carried 7:0. Respectfully Submitted by: Barbara Davis, Secretary ( ) Approved as is. ( X ) Approved with amendments. See minutes of 3/16/10 meeting.