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HomeMy WebLinkAbout2010 0420 Minutes Open_APPROVED Meeting Minutes as approved 5/18/10 Mayor's Advisory Committee For Equal Access MACFEA Tuesday, April 20, 2010 Mo'ikeha Meeting Room 2A & 213 4444 Rice Street, Uhu'e, HI 96766 Those present at the meeting were: Rita Manriquez — State Traumatic Brain Injury Advisory Board (STBIAB); Rhoda Rojas — Hawai'i Center for Independent Living-Kaua'i (HCIL); El Doi — Kaua'i Developmental Disabilities Council (DDC); Betty Bell — Kaua'i Federation for the Blind; Linda Nuland-Ames — ADA Consultant; Elena Costales — Consumer, KCIL Volunteer; Rev. Richard Chun, Senior Representative; Dr. Lucy Miller — DCAB (Disability and Communication Access Board) member. Staff members also present: Christiana Pilkington — ADA Coordinator; Barbara Davis — Staff Secretary; Marc Guyot — Deputy County Attorney (exited at 12:40 pm). Captioner: Tina Stevenson, Caption First. Guests: Roberta Iben; Rose Costales Members absent or excused: Dawn Cummings — Family Advocate; Kathy English — Hawai'i Disability Rights Center; Julia Hall — American Red Cross; Sharry Glass — Advocate, Teacher/Trainer Call to Order The meeting was called to order by Chair Elena Costales at 12:00 pm in the Mo'ikeha Building Meeting Room 2A & 2B at 4444 Rice Street in LThu'e with a quorum present . Approval of Agenda Ms. Bell moved to approve the agenda as circulated. Ms. Nuland-Ames seconded the motion. Motion carried 8:0 Approval of March 16, 2010 Minutes Ms. Doi approved the minutes as circulated. Rev. Chun seconded the motion. Motion carried 7:1 (abstain — Bell) Communication o Letter to Mayor about captioning for video streaming — Dr. Lucy Miller Dr. Lucy reported she addressed The Garden Island newspaper directly rather than going to the County Council or to the Mayor's Office because it was The Garden Island (TGI) who produced video streaming of the budget hearings between the County Council and the Administration uncaptioned and without showing the faces of the speakers. Dr. Lucy said she e-mailed a letter to the newspaper complimenting the TGI on their continued improvements noting that live stream video is commendable and a forward attempt toward including more people in county governance but that they MACFEA Page 1 should know people in the community who are deaf are excluded from any of the information presented. Dr. Lucy reported the letter was not written in an official capacity from the MACFEA but she did list her credentials which included her seat on the MACFEA and the DCAB committees. Dr. Lucy said many websites are now using video streaming which can telecast an event on the web live or delayed but only a few websites include captioning. Ms. Pilkington explained that the meetings shown on the Ho'ike television station are scheduled and budgeted for well in advance so the county is not always able to provide additional program coverage. Because the Administration did not budget for additional broadcasts (beyond the Wednesday County Council meeting broadcasts) TGI decided to broadcast the budget hearings and stream it on their website but they did not caption the broadcast. Many people watching the hearings on TGI website thought that because it was about county business the county was affiliated with the broadcast in some way. TGI is a private business but under Title III of the ADA and is required, like all places of public accommodation, to provide equal access to its consumers. Dr. Lucy reported the reason she wrote the letter to TGI was to let them know they are not reaching everyone in the public. Dr. Lucy said this is not an action for the MACFEA but the more letters they get from individuals, the more seriously TGI will take it. Asked if private enterprises were required by law to caption or if captioning was optional, Ms. Pilkington stated that the Department of Justice is the enforcing agency of the ADA and they would make a ruling specific to a received complaint. Under Title III, private businesses are required to provide equal access to places of public accommodation and sometimes entities don't know what providing equal access means. Ms. Pilkington noted TGI is a private business and the MACFEA advises the Mayor about county related matters. Attorney Guyot advised the MACFEA to let the Mayor know that they are not pleased with TGI. Television is FCC licensed and a federal license requires entities follow federal guidelines including compliance with the ADA. The internet is unregulated and it doesn't appear that streaming videos have to be captioned unless a company chooses to caption. Ms. Pilkington noted that real time captioning is less expensive than applying captions later and pointed out that the Mayor's State of the County address was video streamed and captioned on the county website. It was asked if the county could get in trouble because people might think the TGI streaming of county budget hearings was a county project. Attorney Guyot said it was not a county project, it was a TGI project and ideally TGI should make it clear it was presented by TGI. The county would not share liability if there were a complaint. Ms. Nuland-Ames said when committee members determined the MACFEA's mission as an advisory committee to the Mayor several years ago it was clear the body would assist the County of Kaua'i comply with laws pertaining to access for people with disabilities to county programs and services. She questioned whether or not advising the Mayor regarding a private entity's compliance with the ADA would be within the scope of their mission. Ms. Pilkington said she would ensure the Mayor is informed about the MACFEA member's discussions by forwarding the minutes so he is aware of MACFEA Page 2 the situation with TGI's attitude toward communication access and how it could affect a person's opinion about the County of Kauai. Business o Discussion of a subject or theme for the Together We Can Mayor's show. Ms. Pilkington explained that the Mayor does a weekly show called Together We Can and on one broadcast last year the MACFEA was mentioned but the show was primarily about folks with Traumatic Brain Injuries (TBI) and the resources available to them. DVR was also represented on the show. During Baptiste's Administration the MACFEA did a show about how to interact with people who have different kinds of disabilities including their service animals. Several MACFEA members participated. Ms. Rojas asked if the MACFEA could do a segment on employment for people with disabilities. ACTION: Ms. Rojas moved that the subject for the next Together We Can show portrait the benefits of hiring employees with disabilities for Employers. Ms. Nuland-Ames seconded the motion for discussion. Ms. Nuland-Ames requested more clarity on the motion and asked if the concept would be of someone expressing the good things that happen if you employ people with disabilities or would they have a representative from the Department of Vocational Rehabilitation (DVR) speak about the benefits they offer to help people with disabilities get into, or back into, the work force. Employment is too nebulous a subject and therefore it could be difficult to pull an entire show together on employment. Ms. Doi suggested the show focus on the "Ticket to Work" program which allows a person with a disability to work and receive a supplemental income (SSDI). If they work they can make more money because if they earn less than what they receive with SSDI they can continue to keep their employment income and receive the same amount of their Medicaid and SSDI benefit. If it is a business they can deduct the expenses of the business from the amount earned and still qualify for SSDI. Eventually the hope is they will get off SSDI because they will earn more than their SSDI payment. Ms. Pilkington expressed she thought it would be good to represent the Mayor's Advisory Committee For Equal Access by letting the public know that the Mayor has an advisory committee that can speak to employment, housing, transportation, communication and other subjects which involve people with disabilities. Many of the committee members serve the community with their knowledge of how to provide greater access to daily living for people with disabilities. The MACFEA members can talk about the specific agencies they are involved in pointing out how they assist and/or support people with disabilities. The county received a lot of positive feedback from the show that provided the public with a greater understanding of how it works for people with disabilities. MACFEA Page 3 Ms. Bell expressed how she thought it could be to everyone's advantage to demonstrate people's abilities by sharing a few short stories about individuals, their skills and the opportunities afforded to the employers that hire them. Ms. Nuland-Ames stated there are three different ideas on the table about employment: Employers talking about the benefits they receive, federal and state programs available that support employment and individuals with disabilities who are employed. The discussions today lean towards featuring an employer saying this works for these reasons, a representative from a non-profit or government agency saying these are the kind of services to help people get employed and then the personal stories such as the happy employer and the happy employee who took specific steps to hire someone or specific steps to get hired. It doesn't sound a bit like the MACFEA's mission but it sounds like a great program. The last time the MACFEA put together a Mayor's show there was a program focus, a script and a rehearsal prior to the broadcast. Ms. Rojas said she was thinking that maybe they could just appeal to employers and let them know about the benefits of hiring people with disabilities such as getting a tax credits. Ms. Pilkington said she would like to see a tie-in to the county and the Mayor's Advisory Committee For Equal Access; maybe Hawai'i Center for Independent Living could be asked about their services and segue into employment programs and opportunities. Ms. Doi said Ms. Rojas is doing the Ticket to Work which is really a benefit so she is trying to encourage employers because tax-wise they could benefit but it might not be the right thing to focus on for the Mayor's show. Attorney Guyot suggested the MACFEA members might want to identify a situation or a recommendation they made to the Mayor which had a positive outcome to show how the committee provides support and awareness to everyone regarding access related issues. (Attorney Guyot exited the meeting at 12:40 pm). Ms Nuland-Ames suggested they list specific access barrier removal projects or the curb cut work, facility access or expanded captioning; where the committee presented an issue to the Mayor and the issue was resolved. Ms. Rojas suggested the committee speak to the transition plan projects. Ms. Pilkington said the transition plan projects were court ordered. The committee did prioritize the projects and monitored the time lines so the county stayed on the plan's schedule but the committee wasn't involved with actual projects. However, the MACFEA did advise the Mayor on the Lydgate Beach Park and the accessible camping platforms. Rev. Chun suggested talking about what services the members/agencies provide and in that process they can talk about vocational rehab, hiring, curb intersections, crossings, etc., but not make hiring and employment the whole program. Ms. Rojas asked if they could include the Rice Street Video. Ms. Pilkington said the Rice Street Video has not been completed because they have to rely on volunteers to MACFEA Page 4 help and it may or may not get finished. People from the committee ask about but no one volunteers their time to work on it. Ms. Rojas said she spoke with Mr. Darling and he still has his original video and is willing to show it to the MACFEA. Ms. Nuland-Ames stated the status with the Rice Street Video is that someone needs to write the narrative then work with the editor to do the voice-over. It will have to be captioned and as well as have a voice description. It was agreed there is still a lot of work to be done on the video. ACTION: Place Rice Street Video on May agenda for discussion of MACFEA members' involvement in the completion of the video. ACTION: Ms. Rojas withdrew her motion to have the employer/employee benefits as the topic for the Mayor's Together We Can show. ACTION: Ms. Bell moved to have further discussion of the content for the Together We Can Show at the next meeting. Ms. Doi seconded the motion. Motion carried 6:1(nay- Manriquez):1 (Ms. Nuland-Ames stepped out of the room) Ms. Manriquez said she opposed the motion because as the Mayor's show, MACFEA doesn't have anything to do with employment which is DVR's (Department of Vocational Rehabilitation) kuleana and HUD (Housing and Urban Development) and Work-Wise are affiliated with sending people back into the workforce. Ms. Pilkington pointed out that the County does have affiliations with different employment issues and even though HUD is a federal program the county has a Fair Housing office and the office for Work-Wise, federally funded and just opened in a county facility. The MACFEA ensures that whatever program the County is involved in it is in compliance with the ADA. It was decided the committee will select a subcommittee to decide on the subject or subjects for the Mayor's Together We Can show; write a script and schedule a rehearsal prior to the broadcast in early June. o Status on the County Emergency Preparedness Plan for People with Disabilities Ms. Pilkington said the committee would start up again but she is not certain when. Ms. Cummings has shown an interest in being on the committee. If anyone else is interested in serving on the committee let Ms. Pilkington know. Ms. Bell commented that she was pleased to receive a tsunami warning call prior to the tsunami alert. Ms. Pilkington briefly explained the County's Connect-CTY program which sends out emergency notifications in several formats. MACFEA Page 5 o Bus Stop Transition Plan Report Ms. Pilkington said the Bus Stop Transition Plan was supposed to have been completed in 2008 along with the other transition plan extensions. In 2008 there was an asphalt shortage in the State of Hawai'i and the work was not completed. Many construction jobs were out to bid. Concrete is now less expensive than asphalt. The County Transportation Agency is going to restart the transition plan projects which include the widening of existing bus pads so a lift can be deployed and it will most likely take another year or two to bring all the bus stops into compliance. It was suggested Janine Rapozo, Executive Director of the Transportation Agency attend the next meeting and report on the plan. ACTION: Ms. Rojas moved to invite Janine Rapozo to talk about the Bus Stop Transition Plan and have Ms. Pilkington provide compliance information about the bus stop in Hanama'ulu and the bus stop fronting the Harley Davidson shop in Puhi at the May meeting. Ms. Bell seconded the motion. Motion carried 8:0 o New members for the MACFEA Ms. Pilkington noted that Roberta Iben attended today's meeting to see if she would be interested in sitting on the MACFEA committee. This would fill the membership requirement of 13 members for MACFEA. REPORTS o DCAB's report for April, 2010 Dr. Lucy reported that the two bills (Senate Bill 2104 related to parking and House Bill 2152 related to building design fees) are still going through the Legislature and as of yesterday both bills passed both houses and were on the Governor's desk for signature. When the bills are signed, DCAB will redo the budget which should generate enough fees to make up for the loss of funded projects. DCAB will be issuing the placards through an agreement with each county and the blue placard will be extended from 4 to 6 years. o Members' reports Ms. Bell indicated her interest in The Garden Island's lack of participation in the captions because they are also not part of the news line for the blind. Ms. Bell said she is able to dial The Honolulu Advertiser (and a number of other newspapers) and give them a code and they will read the newspaper to her. Ms. Manriquez received a scholarship to go to the Pac-Rim Conference which was the international conference on disabilities. At a workshop on peer mentoring given by Robin Grant from Pacific Basin Rehabilitation Research Center, Ms. Manriquez was asked if she would be an interisland peer mentor for which Ms. Manriquez agreed. Following the neurotrauma budget report meeting, Ms. Manriquez learned this particular peer mentoring was for mental illness, not neurotrauma, and she would have to attend interisland meetings which were not possible so she declined. Ms. Manriquez hopes it will be done on each island once it gets going on O'ahu. MACFEA Page 6 Dr. Lucy reported that the organization for the deaf on Kaua'i disbanded last year but they are trying to restart the NaKuli Deaf Club and she will keep us posted. Ms. Rojas said the self advocacy group for KCIL will meet on April 27th and Ms. Doi will be the speaker. The May KCIL meeting will be on the same date as the MACFEA meeting (May 18) with the guest speaker being Kathy English and the MACFEA members were invited to attend. Ms. Doi reported she also attended Pac-Rim and took part in the presentation of the employment for individuals with disabilities which really helped her to understand the Ticket to Work program. With regard to the closure of the DHS (Department of Human Services) Offices on Kaua'i and Maui, the Legislature just passed the bill to form a task force to determine how this closure would affect the people and the Legislature has said that if Governor Lingle vetoes the bill, they will override it. The Developmental Disabilities Council (DD Council) legislative forum will be in September and we are hoping for lots of agencies to become involved so we can show the legislators and the County Council the support we can offer to people with developmental and other types of disabilities. Ms. Doi said they were open to suggestions for the forum because it is a great place for people to express their concerns about what is going on in our community right now. Ms. Nuland-Ames added that the services at the legislative forum involve issues like housing and employment and may overlap in many, many areas. Also as mentioned earlier, Health and Human Services (DHS) were going to be cut from all the islands except O'ahu where it would be centralized but the Legislature has for now successfully blocked action on this. It is supposed to be based on a successful program out of Florida which was implemented over a 6 to 8 year period and did not involve the sudden closing of offices or firing of people. Over the years as people retired or went to new jobs, their positions were not filled so there was no dramatic cutoff as was the plan here. The next meeting is scheduled for Tuesday, May 18, 2010. Ms. Rojas asked if the Rice Street Video could be included on that agenda. Dr. Lucy will provide a legislative update on DCAB if there is one at that time. Ms. Bell asked for an update on the bus schedules such as weekends. Ms. Bell moved to adjourn the meeting at 1 :23 pm. Ms. Nuland-Ames seconded the motion. Motion carried 8:0 Respectfully submitted by: Barbara Davis, Staff Support ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting. MACFEA Page 7