HomeMy WebLinkAbout2010 0720 AGENDA_FinalPost MACFEA
Mayor's Advisory Committee for Equal Access
TUESDAY, July 20, 2010
12:00 pm
MO'IKEHA MEETING ROOM 2A&B
4444 Rice Street, Lihue. Hawaii 96766
MACFEA'S MISSION IS TO ASSIST THE COUNTY OF KAUA'I
IN ITS COMPLIANCE WITH THE FEDERAL, STATE AND COUNTY LAWS
MANDATING EQUAL ACCESS
MEETING AGENDA
• Roll Call, Introductions
• Approval of Agenda
• Approval of June 15, 2010 Minutes
• Business
o Email dated July 7 from Cindy Omura regarding Department of
Transportation's scheduled hearings for the State Pedestrian Master Plan
o Update for taping the Together We Can Mayor's show and the final format
for the July 26, 2010 ADA Proclamation presentation
o Decision-making on changing meeting schedule to a bi-monthly basis
• Reports
• DCAB's report for July, 2010
• Members' reports
• Announcements
• Next MACFEA meeting: Tuesday, August 17, 2010 OR
Tuesday, September 21, 2010
• Adjournment
Cc: Marc Guyot, Deputy County Attorney
Anyone needing assistance, auxiliary aides or alternate format of materials. please contact Christina at 241-6203(V/TTY)
five(5)working days before the meeting date posted above.
DRAFT Meeting Minutes — For Approval
Mayor's Advisory Committee For Equal Access (MACFEA)
Tuesday, June 15, 2010
Mo'ikeha Meeting Room 2A & 2B
4444 Rice Street, Lihue, HI 96766
Those present at the meeting were: Rita Manriquez — State Traumatic Brain Injury
Advisory Board (STBIAB); Rhoda Rojas — Hawaii Center for Independent Living-Kaua'i
(HCIL); Dr. Lucy Miller — DCAB (Disability and Communication Access Board) member;
Dawn Cummings — Family Advocate; Sharry Glass — Advocate, Teacher/Trainer; El Doi
— Kauai Developmental Disabilities Council (DDC); Betty Bell — Kaua'i Federation for
the Blind; Linda Nuland-Ames — ADA Consultant; Elena Costales — Consumer, KCIL
Volunteer. Staff members also present: Christiana Pilkington — ADA Coordinator;
Barbara Davis — Staff Secretary; Captioner: Heather Therilaque, Caption First. Guests:
Roberta Eiben; Rose Costales; Alika Terral with the Boy Scouts
Members absent or excused: Julia Hall — American Red Cross; Kathy English — Hawai'i
Disability Rights Center; Rev. Richard Chun, Senior Representative;
Call to Order
The meeting was called to order by Chair Elena Costales at 12:05 pm in the Mo'ikeha
Building Meeting Room 2A & 2B at 4444 Rice Street in LThu'e with a quorum of 7
members present with 2 members joining shortly thereafter.
Approval of Agenda
Ms. Glass moved to approve the agenda as circulated. Ms. Doi seconded the motion.
Motion carried 7:0
Approval of May 18, 2010 Minutes
Dr. Lucy requested a correction on page 2, DCAB Report: Change "A bill relating to the
Facility Access Unit" to "The bill relating to the Facility Access Unit"
Ms. Glass moved to approve the minutes as amended. Dr. Lucy seconded the motion.
Motion carried 8:0
Business
Discussion of a subject for the Mayor's Together We Can show (deferred
4120/10, 5/18110)
A specific date has not been determined yet for the filming of MACFEA'S segment for
the Mayor's show but Ms. Pilkington was hoping to arrange it for the July 20 meeting in
order to coincide with the 201' year celebration on July 26 of the signing of the law
creating the Americans with Disabilities Act.
MACFEA Page 1
A continued subject of interest would be to introduce each committee member, the role
they play in the community and/or their disability followed by the Mayor asking
questions. It was noted that the show should not be all about the committee but also
highlighting how the Americans with Disabilities Act has been applied in Hawaii over
the past 20 years and how it has changed access for groups with disabilities, what still
needs to be done and how MACFEA has worked towards making the County compliant.
This could include monitoring the removal of access barriers such as making a building
accessible with a ramp, curb cuts, traffic lights aimed for those with disabilities, the
creation of the paratransit bus system in the 80's to accommodate special programs for
seniors and how it was further developed to assist those with disabilities , etc. A further
consideration could be to explain what a transition plan is and what it means to be in
compliance.
• Bus Stop Transition Plan Report — Report from the Kaua'i Transportation
Agency - Ms. Janine Rapozo, Executive on Transportation
After Bruce Clark completed the transition plan to make all the bus stops compliant with
ADA, the design work was put out for bid which took longer than expected because the
County asked the designer to also obtain all the necessary permits. Because there
were so many things to consider, we are finding out today that some permits have either
become invalid or were never done. About a year ago, Heron Construction Company
from Oahu was contracted to lay out the bus pads all around the island and for cost
efficiency they chose to put in concrete pads thinking that right after that the waiting
lanes or the asphalt section of the particular bus stop would be put in. When the
economy really slowed down, they were not able to secure the asphalt contractor to
provide asphalt just for our project. We are now hearing that they are starting to batch
asphalt again so we are hopeful that they will be back on island in a few weeks to finish
the rest of the bus stops. Ms. Pilkington explained the bus pad has to be 5 foot by 8
foot for the lift to deploy on to be ADA compliant. Ms. Rapozo said when there is not
enough room to accommodate the 5 foot by 8 foot pad, they have applied for a technical
infeasibility such as with the Rice Street Shopping Center where the depth was not eight
feet so the driver would have to turn into the shopping center when it is necessary to
deploy the lift. The bus stop on Kaumuali'i fronting the Harley Davidson store is not
accessible right now but with the road widening project, the County will be working
closely with the State to see if they can do more upgrades to that particular bus stop.
The County has five Arboc busses with the low-floor ramp and there has been mixed
reaction to them. Ms. Rapozo stated that anytime someone has problems accessing or
disembarking from the bus, they should ask the driver for assistance. Ms. Glass and
Ms. Rojas complimented Ms. Rapozo on the excellent job she has done over the years
to improve the transportation system to which she attributed to a great team effort.
* Report on Multimodal Transportation Plan
Ms. Rapozo stayed to address questions regarding this plan saying that the State
Department of Transportation was doing a long-range update for Kaua'i but 90% of their
plan is devoted to highways and looking at which roads are too crowded, where more
roads are needed but they are not developing alternatives to the car. The County is
looking at long-range plans for transit such as bikes, pedestrians, carpools, vanpools.
MACFEA Page 2
Ms. Glass said the Apollo KauaTs concern is that currently there is no consideration for
low-speed vehicles such as scooters, motorized wheelchairs, golf cart type small
electric vehicles as alternatives to cars and it is time to look at smart street development
with lanes or pathways for low-speed vehicles. Ms. Rapozo agreed that this should
definitely be included in the County's plan for the consultants to consider. Ms. Rapozo
said they had implemented some of the recommendations from Jim Charlier's K61oa-
Po'ipQ circulation plan but there are some financial constraints. Asked about bus
drivers announcing bus stops, Ms. Rapozo said some drivers announce the stop in
advance of the destination while others announce the stop upon arrival but anyone
needing special consideration should let the bus driver know ahead of time so the driver
is aware of their special needs; paratransit drivers, however, do not announce stops
since they have specific destinations.
• Requirements set by the Hawaii Ninth Circuit Court of Appeals regarding
captioning in movie theatres — Dr. Lucy Miller
Hawai'i, along with Alaska, California, Washington and Arizona, are under the Ninth
Circuit Court which unanimously agreed that movie theatres are required to provide
closed captioning of their films for people with hearing impairments. Arizona felt this
was an undue burden and it should be optional, not required. As the opinion stands,
since the court stated that it is a requirement and it is a law, it affects all of those states
in the Ninth Circuit Court district. The theaters can ask for a hearing, which means it
would then go to the Supreme Court which will take a long time. Right now they are
working on a time line and how it will be put into practice but it will affect us here in
Hawaii.
Deliberation and decision-making on changing meeting schedule to a bi-
monthly basis
Mayor Carvalho told Ms. Pilkington that it was up to the committee if they wished to go
to bi-monthly meetings. Ms. Nuland-Ames was not opposed to changing the meeting
schedule but stated that the action line from the May minutes indicated this would be a
July agenda item to address concerns from the committee members and the public.
Action: Place consideration of meeting schedule change for discussion on the July
agenda
• Election of Chair and Vice Chair for July, 2010 —June, 2011
Action: Ms. Glass nominated El Doi to the position of Chair; M . Manriquez seconded
the motion. Motion carried 9:0
Ms. Glass nominated Elena Costales as Vice Chair; Ms. Doi seconded the
motion. Motion carried 9:0
MACFEA Page 3
Reports
DCAB's report for June, 2010
Dr. Lucy reported that the Governor did sign both bills into law that DCAB lobbied for at
the Legislature.
Members' reports
Ms. Rojas: Linda Vass from Legal Aid will be the speaker on June 22"d for the self
advocacy group from the Center for Independent Living. I will also be attending an
employment specialist training at the University of Hawaii, Manoa for five days. I will not
be at the July meeting as I will be attending a conference in Las Vegas.
Ms. Doi: The Developmental Disabilities Council Committee will be having their
legislative forum on Thursday, September 16 at the Convention Hall. We are opening it
up to different agencies and are planning a bigger venue. We are hoping that with the
Primary Election on September 18th we will get a bigger turnout from our council
members and legislators so they can see what our community needs are as far as
people with developmental and traumatic brain injuries and all the different types of
disabilities. If anyone is interested in participating or has any suggestions please be
sure to let Ms. Doi know.
Ms. Eiben (proposed new member): I will not be available to attend that forum in
September as I will be visiting with family in Ohio.
Ms. Bell: On July 1st there will be a librarian speaking with the Federation of the Blind
about talking books and anyone who has a loved one that could benefit from talking
books is welcome to attend.
Ms. Manriquez: The Traumatic Brain Injury Advisory Board met on May 21 to discuss
the peer mentoring project and the Neurotrauma Advisory Board will meet on the 24 th
Also as a lead of health services on a volunteer basis for the Red Cross, I attended
triage training in Honolulu which was put on by the Red Cross and the Department of
Health.
Dr. Lucy: On the national level, there is a big task force working on updating the ADA
regulations and the one with the most difficulty has been with communication access
because the technology keeps changing every week practically, impacting what could
be available so we need to change the wording to encompass all of these possible
technological advantages that we may have. When the first ADA was passed in 1990
there was TTY which is now passd, then it was computers and now smart phones. This
technology which, while exciting, is making it very challenging.
Ms. Pilkington: On July 26th at 1:00 in the Civic Center round building, the Mayor will
be reading a proclamation in celebration of the 20th anniversary of the signing of the
ADA into law. Also that day we will announce the preview of The Gallery, which is
scheduled for Friday, July 30th instead Of July 9th. The Gallery, which we hope to open
MACFEA Page 4
in the spring of 2011, will provide work opportunities for people who have disabilities by
sharing their artwork and crafts and exercising job opportunities within The Gallery.
Ms. Bell exited the meeting at 125 pm
Next MACIFEA meeting: Tuesday, July 20, 2010, agenda to include discussion of
changing to bi-monthly meetings.
Adjournment: Ms. Nuland-Ames moved to adjourn the meeting at 1:32 pm. Dr. Lucy
seconded the motion. Motion carried 8:0
Respectfully submitted by:
Barbara Davis, Staff Support
Approved as is
Approved with amendments,
MACFEA Page 5
Barbara Davis
From: Cindy
Sent: Wednesday, 1�57AM
|o; Dennis Schwind: Christina Pilkington; Lum, Alison P.M.;Alan Parker; Mary Matsukawa; El
Doi; Howard Marks; Ron Amundson; Barbara Davis
Cc: Francine VVai; Cabral, VVaynetteK.Y.
Subject: Dept. of Transportation Pedestrian Plan Hearings
To Mayors Committees, Neighbor Island D[} Committees, and Disability Rights Hawaii,
The State Department ofTransportation is holding hearings on the State Pedestrian Master Plan, DCA8 serves asa
technical advisor on the Committee. Pub/|c input is necessary to ensure that disability issues are addressed. We urge
you to attend one of the meetings on your respective islands. Please find listed below the neighbor island schedule.
Public Meeting Schedule:
Hilo, Hawaii
July 19, 2010, 5:30-7:30pmm
Aupuni Center Conference Room
101 Pauahi Street
Kona, Hawaii
July 20, 2010, 5:30-7:30pmm
Kona Outdoor Circle
7Z'628OKoakiniHighway
Kahului, Maui
July 26, 2010, 5:30-7:30pnm
VVai/uku Maui Economic Opportunity
9QMaha|aniStreet
Lihue, Kauai
July 27, 2010, 5:30-7:30pmm
War Memorial Convention Hall
41A1 Hardy Street
Should you have any questions, please feel free to contact the DCABoOice.
FrancineVVai
Executive Director
Disability and Communication Access Board
919 Ala y4oana Blvd., Room 101
Honolulu, HIg6814
(808) 586-8121 (\VT); (808) 586'8129 (Fax)
1
OF 4 -
DISABILITY AND COMMUNICATION ACCESS BOARD
919 Ala Moana Boulevard. Room 101 -Honolulu. Hawaii 96814
Ph. (808) 586-8121 (Y/TDID) -Fax(808) 586-8129
July 2010
Report from the Disability and Communication Access Board for
City and County of Honolulu, Maui, Kauai, and Big Island Mayors Committees
Maui, Kauai, and Big Island Developmental Disabilities Committees
Disability Rights Hawaii Big Island
Submitted by Francine Wai, Executive Director
1. Parking Program for Persons with Disabilities (Act 141): Governor Lingle signed Senate Bill
2105, SD2, HD1, CD1 into law on May 25, 2010. Act 141 extends the life of the removable
windshield placard (blue) from four(4) years to six (6) years, issues one (1) rather than two
(2) placards, and allows renewal of the removable windshield placard (blue) by mail. DCAB
has been given a more prominent role in managing the program, in part due to fiscal cuts.
DCAB will be entering into Memorandums of Agreement with the Counties to continue
issuing first time, temporary, and all replacement placards, but the renewals will all be done
by mail to the DCAB office in Honolulu. If you have a placard that is soon to expire, DCAB
will be sending you a notice to renew by mail. DCAB is also in the process of amending our
administrative rules and hopes to go out to public hearing in the Fall to make additional
changes, including allowing a longer renewal time. DCAB will keep you posted and plans to
have a staff person attend one of your future meetings to explain the changes when they
are implemented. For more information, contact Bill Nakamatsu at
william.nakamatsu(cdoh.hawaii.gov.
2. DCAB Legislation: DCAB was informed that the Governor issued an intent to veto message
for House Bill 2152. This bill authorizes DCAB to charge a nominal review fee for projects
reviewed under Hawaii Revised Statutes §103-50. The Governor's rationale was that the
bill would increase cost of planning and designing of public buildings, housing and other
construction by allowing DCAB to charge a significant fee for the review of ADA compliance,
and was duplicative of reviews done by professional architects and engineers. DCAB
issued a rebuttal to the veto message and asked agencies to support DCAB in its efforts to
write the Governor and ask her not to veto the bill, The Governor has until July 6, 2010 to
veto, sign or allow bills on the list to become law without her signature. We hope to provide
you with a good outcome in next month's Report.
3. Design for All Conference, September 8, 2010: Don't forget to register for DCAB's design
conference to be held at the Ala Moana Hotel on September 8, 2010. DCAB is pleased to
have John Wodatch, Chief of the Disability Rights Section of the U.S. Department of
Justice, speak to the proposed new ADA Titles 1 1 and I I I rules, which include adoption of the
new ABA/ADA Accessibility Guidelines. The rules have been sent to the U.S. Office of
Management and Budget (OMB)for final approval. We are hopeful that there will be a final
decision to announce by the time our Design for Ail Conference is held. Also attending the
Conference will be Marsha Mazz, Coordinator of Technical Assistance from the U.S.
Access Board, who will speak to the new design guidelines. The advance program is
posted on the DCAB home page at www.hawaii ov/health/drab. Detailed questions can be
directed to Laurie Palenske, Facility Access Support Specialist at
laurie.r)alenske(&-dgb.hawaii.qov.
4. Discussion on Service Animals: On September 9, 2010, John Wodatch, Chief of the
Disability Rights Section of the U.S. Department of Justice will conduct a discussion on
service animals at the Halekulani Hotel from 8:30-11:00 a.m. The fee to attend is $25. For
more information, contact Charlotte Townsend, Policy and Program Development Staff
Coordinator at charlotte.towLisend_@Oob,haAqLggv or Judy Paik, Program Specialist at
judy.paik@doh.hawaii.gov.
5. ADA 20th Anniversary: July 26, 2010 marks the 20th anniversary of the signing of the
Americans with Disabilities Act (ADA). DCAB has asked Governor Lingle to sign a
proclamation and to hold a public signing in honor of the two (2) decades of the ADA. For
more information, contact Debbie Jackson, Planner at debbrajackson@doh.h26 I io�Y-
6. DCAB Interpretive Opinions: DCAB issued several recent Interpretive Opinions under HRS
§103-50. They are summarized below in non-technical terms. For more details or a full
copy, contact Curtis Motoyama, Facility Access Coordinator at
curtis.motovama(a-)doh.hawaii.gov.
• Docket 2010-02 relates to boat trailer parking. The ruling states that the vehicle/van
portion of a boat trailer parking stall must comply with the requirements for parking in the
Americans with Disabilities Act Accessibility Guidelines (ADAAG).
• Docket 2010-03 relates to boat wash down areas. The ruling states that at least one
(1) vehicle pull-up space be accessible and connect to the hose bib or wash down
area, which shall be on an accessible route that connects other accessible elements
on site. When not all are accessible, the accessible wash down area must be
marked with the International Symbol of Accessibility (ISA). Advisory
recommendations are provided for the trailer portion.
• Docket 2010-04 relates to bus parking (such as tour bus parking lots). The ruling states
that bus parking spaces accessed by the public shall be accessible unless the lot
has an accessible passenger loading zone or an accessible bus stop.
• Docket 2010-05 relates to trash areas in nonresidential facilities, such as state or county
buildings or parks. The ruling states that in nonresidential facilities, trash areas not
intended to be accessed by the general public and are fully enclosed on four(4)
sides are considered employee work areas.
7. Technical Assistance and Training: DCAB provides ongoing technical assistance and
training to the state and counties on policy issues impacting nondiscrimination against
persons with disabilities. The following are some recent activities:
• Training to the Star of Honolulu and Paradise Cruises on Disability Sensitivity and
Awareness (Charlotte Townsend, trainer).
• Training to the County of Hawaii, Office of the Prosecuting Attorney on Customer
Service, Modifications, and Effective Communications (Charlotte Townsend, trainer).
--------------------------------------------------------------------------------------------------------------------------
Don't forget...
If you want to receive DCAB's Emergency Preparedness for People with Disabilities E-News,
contact Debbie Jackson at If you want to receive DCAB's Facility
Access E-Bulletin, contact Laurie Palenske at laurie.palenskep_doh.hawaii.go