REP PSMTC 021 2016/08/16 (2014-2016)

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REPORT OF THE COMMITTEE ON PUBLIC SAFETY AND MASS TRANSIT DATE: August 16, 2016 Re: Bill No. 229/Comm. No. 985 PLACE: Council Chambers Kona, Hawai`i TIME: 9:18 a.m. Council Chair and Members Hawai`i County Council Kona, Hawai`i 96740 Your Committee on Public Safety and Mass Transit, to which was referred Bill No. 229, reports as follows: Bill No. 229, transmitted by Mass Transit Agency (MTA) Administrator Tiffany Kai, via Comm. No. 985 dated July 25, 2016, is an ordinance to amend Chapter 18, Article 4, Section 18-90 of the Hawai`i County Code 1983 (2005 Edition, as amended) relating to Hele-On bus fares, introduced by Council Member Paleka by request. A total of six testifiers were present, three in Hilo and three in Kona. Though much appreciation to the County of Hawai`i, County Council and MTA was expressed by all testifiers, Hilo testifiers shared concern for the cost of the fare at $4 one-way/$8 round-trip. After the close of public testimony and deliberation for a prior agenda item, Deputy County Clerk Jon Henricks read Comm. No. 985 into the record, preceding a motion made by Mr. Onishi and seconded by Ms. Poindexter. Your Committee held a lengthy discussion. Ms. Poindexter shared that she would look further into this matter. Mr. Onishi requested MTA Administrator Tiffany Kai and Paratransit Program Specialist Karyle Yamane to provide further background regarding the Paratransit Service program costs and how MTA based their decision on the fares. Ms. Kai cited Section 37.131(c) of the American with Disabilities Act(ADA) federal regulations, allowing the transit provider to charge up to twice the amount of the current full fare. Mr. Onishi continued on to question the discounts currently made available to persons with disabilities. Ms. Yamane responded that the Paratransit service program is for persons who lack the physical functional ability to ride the regular public transit system. She continued on to share that if MTA were to apply the current discounts in place opposite of Federal Transportation Administration (FTA) regulations, then the program ridership would explode. MTA advised Your Committee that it costs $150 to assess each applicant, whether the outcome is eligible or not. The cost projection is based on the maximum amount of riders possible at any given time. After further questioning by Your Committee, MTA shared the qualifications process. Mr. Ilagan commended MTA for having a third party make this determination. After much confusion of the situation was expressed, especially due to the concerns with costs, ridership eligibility and areas being serviced, Deputy Corporation Counsel William Brilhante came before Your Committee to share the background behind this proposed bill. Mr. Brilhante explained that the County of Hawai`i had received a law suit due to lack of this service. As a result of the lawsuit, the County of PSMTC Report No.: 21