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HomeMy WebLinkAboutCOM 1047.003 2014-2016 Mt'OS M1 DANIEL K. PALEKA, JR. "%'. Public S*(etr& Ma.,., Trans¢ Council Member "� Committee Chair Dislric15 Puna Mauka '"44:%' ;:t "'- - Phony: 18081961-8263 4 t 3'i``: Far (8081 961-8912 25 Aumeni Street. Suite 1-10 •2 4les , Hilo. Hawaii 96720 -:= Email: dpalekcraimmuiiconnm_gay HAWAII COUNTY COUNCIL - 4..� DATE: October 17, 2016 ,a TO: Dru Mamo Kanuha, Council Chair V � and Members of the Hawaii County Council a FROM: *Daniel K. Paleka Jr., Council Member Nr 1-^ SUBJECT: Proposed Amendments to Bill No. 240, A Bill for an rdinance Amending Chapter 18, Article 4, of the Hawai' County Code 1983 (2005 Edition, as Amended), by Adding a New Division Relating to the Hele-On Kako'o Complementary Paratransit Service. Please find attached proposed amendments to Bill No. 240. The proposed amendments arc illustrated below in Ramseyer format with respect to the contents of Bill No. 240 (material to be deleted is bracketed and stricken, material to be added is underscored). A draft copy of proposed Bill No. 240, Draft 2, is attached with the amendments incorporated therein. SECTION 1 of the bill is amended to read as follows: "SECTION 1. Chapter 18, article 4 of the Hawai' County Code 1983 (2005 Edition, as amended) is amended by adding a new division to be appropriately designated and to read as follows: "Division_. ICemplemenktryl Paratransit Service. Section 18- [Purpose•,-seeped Establishment of Paratransit service. (a) The mass transit agency shall provide [complementary] a paratransit [se:iees441 service to complement the fixed route services operated by the County[, " .tary]. This paratransit service shall be referred to [hereinafter] as Hele-On Kako'o. (b) Ilele-On Kako o shall comply with all federal and state regulations [as-they] that relate to !complementary] paratransit as a complement to fixed route services for public transportation. Section 18- , Definitions. As used in this division, unless the context otherwise requires: "Paratransit service"means the County public transportation service which complements the current fixed routes providing origin-to-destination service to eligible individuals under the Americans with Disabilities Act of 1990. ,C)'47, 3 Ref. To: p/ P5647 Ref. Date OCT 1 9 2614 •'Rider" means a person deemed eligible to ride on the paratransit service in accordance with the Americans with Disabilities Act of 1990: Code of Federal Regulations 49, part 37,subpart F section 37.123 or a person certified as eligible for paratransit services by the mass transit agency. . _ . . . . (a) - . . . recommendations provided by a third party assessment. (b) if eligibility is to be denied, the mass transit agency shall: EH Notify the individual in writing that eligibility will be denied, citing with spaciticity the and arguments, pursuant to chapter 91 of the Hawai`i Revised Statutes,as-amc..dcd. (a) Upon receipt and review of any additional information and/or arguments provided by rcucons for the decision within sixty days of receipt of the third party assessment. (c) Any person who submits a complete application, is denied I lele On Kako'o eligibility, and disagrees with the decision, may file an appeal within sixty days of the denial for service to the commission, who shall render a final decision within forty five days. If the -. .. • - erode paratransit service from that time until and unless a decision to deny the appeal is issued.] Section 18- . Eligibility. (a) The mass transit agency shall approve or deny applications for Hele-On Kako'o services within twenty-one calendar days after receipt. Approval may include a finding that an applicant is eligible for some but not all of Hele-On Kako'o services. Specific reasons shall be cited for any decision other than complete approval. (b) If a decision has not been made within twenty-one calendar days, the applicant shall be deemed eligible for paratransit service on a temporary basis until a decision has been made. Individuals found eligible for Hele-On Kako'o service will be issued a paratransit identification card. Section 18- . [ . • • ' - _ • . • • .] Suspension of service[;—appeal]. (a) The mass transit agency may [- : . :: . • . . . _ - .. - • --',] suspend the provision of Hele-On Kako'o services to 'ADA - .. ' . .. • - •• '--] riders who miss three or more scheduled trips. (b) Trips missed by Ethel an individual for reasons beyond [his-or-her] the individual's control including, but not limited to. trips missed due to operator error, shall not be [a basis for determining that such a pattern or practice exists.] included in any count of missed scheduled trips. (c) Before suspending service,the mass transit agency shall notify the individual in writing: (1) -- : ... - • -_ -. ] That the County proposes to suspend service. citing [. . .. . .. .. . , ., . proposed sanction.] the extent of the suspension, the basis for, and the length of the proposed suspension or restriction of service; and opportunity to appeal the mass transit agency's decision. decision.] • •• 1(d) Any person whose service to Hele On Kdko'o is suspended.and disagrees with the decision. decision within forty five days, the County shall provide paratransit service from that time until and unless a decision to deny the appeal is issued.] Section 18- . Appeals. (a) Any applicant or rider who is aggrieved by a decision by the mass transit agency regarding eligibility or suspension, may appeal the decision to the County transportation commission. (b) Appeals must be filed with the commission within sixty days of notification of the agency's determination. (c) The commission shall afford the applicant or rider an opportunity to be heard and to present information or arguments or both. (d) The commission shall provide a final decision within thirty days of the completion of the appeal process. The County shall not be required to provide paratransit service to the individual pending the resolution of the appeal. However, if the commission does not provide a decision within this time, service shall resume or be provided to the individual." DP/nm Att. 3 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 4 OF THE HAWAII COCNTV CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW DIVISION RELATING TO THE HELE-ON KAKO`O COMPLEMENTARY PARATRANSIT SERVICE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: "SECTION 1. Chapter 18, article 4 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a new division to be appropriately designated and to read as fol lows: "Division . Paratransit Service. Section 18- Establishment of paratransit service. (a) The mass transit agency shall provide a paratransit service to complement the fixed route services operated by the County. This paratransit service shall be referred to as I Idle-On Kako'o. (b) Hele-On Kako`o shall comply with all federal and state regulations that relate to paratransit as a complement to fixed route services for public transportation. Section 18-_ Definitions. As used in this division, unless the context otherwise requires: "Paratransit service" means the County public transportation service which complements the current fixed routes providing origin-to-destination service to eligible individuals under the Americans with Disabilities Act of 1990. "Rider" means a person deemed eligible to ride on the paratransit service in accordance with the American with Disabilities Act of 1990; Code of Federal Regulations 49, part 37, subpart F, section 37.123 or a person certified as eligible for paratransit services by the mass transit agency. Section 18-_ Eligibility. (a) The mass transit agency shall approve or deny applications for Hele-On Kakn'o services within twenty-one calendar days after receipt. Approval may include a finding that an applicant is eligible for some but not all of Hele-On Kako"o services. Specific reasons shall be cited for any decision other than complete approval. (b) If a decision has not been made within twenty-one calendar days, the applicant shall be deemed eligible for paratransit service on a temporary basis until a decision has been made. (c) Individuals found eligible for Hele-On Kako'o service will be issued a paratransit identification card. 4 Section 18-_. Suspension of service. (a) The mass transit agency may suspend the provision of Vele-On Kako'o services to riders who miss three or more scheduled trips. (b) Trips missed by an individual for reasons beyond the individual's control including, but not limited to, trips missed due to operator error, shall not be included in any count of missed scheduled trips. (c) Before suspending service, the mass transit agency shall notify the individual in writing: (I) That the County proposes to suspend service, citing the extent of the suspension, the basis for, and the length of the proposed suspension or restriction of service: and (2) Of their opportunity to appeal the mass transit agency's decision. Section 18-_ Appeals. (a) Any applicant or rider who is aggrieved by a decision by the mass transit agency regarding eligibility or suspension, may appeal the decision to the County transportation commission. (b) Appeals must be filed with the commission within sixty days of notification of the agency's determination. (c) The commission shall afford the applicant or rider an opportunity to be heard and to present information or arguments or both. (d) The commission shall provide a final decision within thirty days of the completion of the appeal process. The County shall not be required to provide paratransit service to the individual pending the resolution of the appeal. However, if the commission does not provide a decision within this time.service shall resume or be provided to the individual." SECTION 2. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end,the provisions of this ordinance are declared to he severable. SECTION 3. This ordinance shall take effect upon its approval. 5