[nfbmi-talk] Fw: Approved MCB minutes from March 17 & 18, 2011
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From: Cannon, Patrick (DELEG)
To: MCB2020-L at LISTSERV.MICHIGAN.GOV
Sent: Thursday, June 23, 2011 3:05 PM
Subject: Approved MCB minutes from March 17 & 18, 2011
APPROVED AS AMENDED
MICHIGAN COMMISSION FOR THE BLIND
THURSDAY AND FRIDAY, MARCH 17 & 18, 2011
OTTAWA BUILDING
611 W. OTTAWA STREET
CONFERENCE ROOM - OTTAWA U L 3
LANSING, MICHIGAN
MINUTES
COMMISSIONERS PRESENT
Ms. Jo Ann Pilarski, Chair Mr. Larry Posont
Ms. Lydia Schuck Mr. John Scott
Ms. Geri Taeckens
COMMISSIONERS ABSENT
None
MICHIGAN COMMISSION FOR THE BLIND STAFF PRESENT
Mr. Pat Cannon Ms. Sue Luzenski
Ms. Sherri Heibeck Ms. Sue Chinault
Ms. Constance Zanger Mr. Leamon Jones
Ms. Susan Turney Mr. James Shaw
Ms. Elsie Duell Mr. James Hull
Ms. Julia Burdgick Ms. Michelle Visscher
Ms. Shannon McVoy Ms. Lisa Kisiel
Mr. Bob Robertson
GUESTS/ATTENDEES
Mr. Dave Robinson Mr. Joe Sontag
Ms. Mary Sibley Mr. Joe Sibley
Ms. Rita Canady Mr. Steve Easley
Mr. Fred Wurtzel Ms. Mary Wurtzel
Mr. Greg Keathley Ms. Valarie Barnum-Yaeger
Mr. James Chaney Mr. Shane Jackson
Ms. Linda Stacey Ms. Amber Lockwood
Ms. Lisa Weber Mr. Mario Morrow
Mr. Terry Eagle Mr. Richard Kent
Ms. Renee Kent Mr. Steven Langtry
Ms. Risa Patrick-Langtry Mr. Bill Lozier
Ms. Brenda Brown Ms. Gloria Tatum
Ms. Marion Ward Ms. Denise Kennedy
Mr. Leonard Gross Mr. Marcus Simmons
Mr. Kirkland Mosely Mr. Doug Boone
Ms. Christine Boone Ms. Nora Clifton
Mr. Nick Wilcox Ms. Teri Wilcox
Mr. Larry Keeler Mr. Paul Bunn
Mr. Geer Wilcox Ms. Gwen Botting
Mr. Greg Botting Ms. Krista Botting
Ms. Lindell Kositzke
COMMITTEE OF THE WHOLE
Chair Pilarski opened the Committee of the Whole by thanking past Commissioners Michael Geno and Margaret Wolfe for their service on the Board and their commitment and stating her appreciation.
She then welcomed new Commissioner Larry Posont who shared with attendees that he was born and raised in Munising Michigan and started in the Business Enterprise Program in 1973. He retired in 2002 and is an advocate for blind people through his participating in the National Federation of the Blind - Michigan. Commissioner Posont declared that he is excited for the challenge of being on the Board and attendees will have a pleasant surprise with his actions on the Board.
Chair Pilarski shared that Ms. Lydia Schuck has been appointed to the Board but was unable to be here on this day because of a previously made commitment. Chair Pilarski then introduced the other Commissioners present.
A few agenda items were put on hold until the whole Board could be present. These included election of a vice-chair and appointments to Commission committees.
The Commissioners discussed topics for in-service trainings including a Camp Tuhsmeheta presentation in June, transition services with Eleanor White as a possible guest speaker in September and quarterly budget reports. [Commissioners asked to receive budgets on a monthly basis. Director Cannon agreed to send budgets more frequently than quarterly.] Director Cannon introduced Elsie Duell, the new Administrative Services Manager. There was discussion about receiving client data reports also.
Commissioners discussed how the business of the Commission is discussed during the open meetings, conduct of attendees and delivery of public comment. There was also discussion about the general public not being able to eat at a cafeteria housed in a State building with security.
Chair Pilarski asked Ms. Luzenski if there are people checking if the phone connection and audio streaming are working correctly. Ms. Luzenski indicated that staff is reporting in and that both are being monitored, are currently working and directed people where to contact if there is a problem.
Chair Pilarski shared that since the agenda is so full there may be adjustments to it and the consumer reports may be moved until the June meeting.
Commissioner Taeckens asked Director Cannon about what reimbursements are provided to Commissioners outside of the regular reimbursements. She also talked about reviewing the College policy which was adopted for one year and, in particular, the DELEG Financial Needs form needing to be discussed. Commissioner Taeckens asked about the data ad hoc committee and when the next meeting is scheduled.
Commissioner Scott asked for clarification on whether staff hearings cases come before Commissioners while under the appeals process, requested a transcript of the Dave Robinson hearing and stated that the MCB legal fees paid seemed to be high. Director Cannon clarified that the legal fees are paid on a yearly flat rate to the Attorney General's office. There was also much discussion regarding the roles of the Commissioners on legal and staffing matters. Director Cannon explained to the Commissioners about the differences between a Type I and Type II agency and the administrative functions associated with each.
CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM
Chair Pilarski called the regular meeting to order at 1:54 p.m. Roll call was taken and a quorum was present.
December 9, 2010 Meeting Minutes
Taeckens moved, Scott seconded to approve the December 9, 2010 meeting minutes.
Discussion: Commissioner Taeckens asked that her name spelling be corrected on the last line.
The motion passed WITH COMMISSIONER POSONT ABSTAINING.
December 10, 2010 Meeting Minutes
Scott moved, Taekens seconded to approve the December 10, 2010 meeting minutes.
Discussion: Commissioner Taeckens asked that the word "was" be removed.
THE MOTION CARRIED WITH COMMISSIONER POSONT ABSTAINING.
Board Correspondence
Ms. Luzenski reported there was one piece of board correspondence received from Mr. Joe Sibley, December 22, 2010 in regards to a response to a letter from NFB-M.
Chair Pilarski then went around the room asking participants in person and on the phone to introduce themselves if desired.
Public Comment
Mr. Joe Sibley, Michigan Council for the Blind and Visually Impaired, congratulated the new Commissioners and looked forward to all organizations working together in representing all the blind citizens of Michigan and making the Commission for the Blind the best that it could be.
Mr. James Chaney asked the Commissioners to look at the DMB policy and informed attendees of the disrespect that frequently occurs towards operators and catering issue in State buildings.
Mr. Dave Robinson, NFB-M and the Michigan Merchants Division, gave Commissioners a position paper that had been created and stated that his group would be paying close attention to the decisions made this day on the Elected Operators Committee motions which are on the table. Mr. Robinson stated that he has worked closely with the EOC and that the BEP program needs to be turned around so it can better assist these operators to be successful and make a viable living. Commissioner Taeckens asked for a copy of it in Braille and he apologized that he didn't bring it in accessible format and would get it to her electronically.
Mr. Fred Wurtzel, spoke about the David Robinson case and Mr. Cannon's statement about the hearing transcript not being available to the public. He quoted Public Act 260 and the statement of the Commission overseeing the service of food on State property. He said that was his job for 20 years and the rule is clear and consistent with the law. Mr. Wurtzel agreed with Commissioner Taeckens on the volunteer time it takes to get ready for a meeting and the need for the Commission to be a data driven agency. He stated that the Board needs to act like Public Act 260 is true and added that the Board is empowered to make policy.
Mr. Terry Eagle addressed a couple of issues including System 7 and all the problems that staff is experiencing with the system and also asked how can an operator operate three locations when they are not certified for all of them. He also questioned sighted operators being used as temporary operators when there are blind people on a permanent or temporary basis willing to work.
Ms. Garnet Prentiss, via the phone, indicated that public comment cannot be heard by listeners on the phone.
Ms. Sheila Ashcraft read a submitted email public comment via the phone asking the new Commissioners to begin their volunteer journey with high expectations, fairness, reason and a global view of the needs of the whole state. She also commented on the issues with the audio streaming.
Elected Operator Committee Motions
Motion #1: All operators' accumulated points will be frozen as of the date that the new selection point system is implemented and will then be added to as earned under the new selection point system.
POSONT MOVED, TAECKENS SECONDED TO ACCEPT THIS MOTION.
Discussion: Commissioner Taeckens commented on the Commissions response for this motion, and said she thought it was written in a very negative way.
THE MOTION PASSED UNANIMOUSLY
Motion #2: From the date the new selection point system is implemented (or from date of first agreement): Licensed operators accumulate 3 points per year of service. Temporary operators accumulate ½ point per year of service. Potential operators (including those who are working for an Operator) accumulate 0 points.
TAECKENS MOVED, POSONT SECONDED TO ACCEPT THIS MOTION.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
Motion #3: Profit Expectation (based on the previous 12 month average): An operator is given 1 point for exceeding their facility's profit expectation. If an operator, who has been granted a profit percentage exception, exceeds the facility's permanently assigned profit percentage expectation, the operator is awarded one point for exceeding the permanently assigned profit percentage expectation.
TAECKENS MOVED, SCOTT SECONDED TO ACCEPT THIS MOTION.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
Motion #4: Training (from implementation of new selection point system): Bidders are awarded 2 points for attending mandatory training (e.g. annual Workshop) and have the opportunity to earn 1 point for any training that has been pre approved by the Training Subcommittee with a limit of 3 points per year. Training does not include the initial, basic vending stand training.
TAECKENS MOVED, SCOTT SECONDED TO ACCEPT THIS MOTION.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
Motion #5: EOC membership, active subcommittee participation and OJE trainer (from implementation of new selection point system): Bidders are awarded 2 points per year for EOC membership or active subcommittee participation, limited 2 points per year. An active subcommittee member needs to attend a minimum of 2 subcommittee meetings per year and two EOC meetings per year. An operator must complete one year on a subcommittee or in the EOC before points can be awarded.
TAECKENS MOVED, POSONT SECONDED TO ACCEPT THIS MOTION.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
Motion #6: OJE training (from implementation of new selection point system): Bidders are awarded 1 point for each OJE student trained with a maximum of 4 points per year.
TAECKENS MOVED, POSONT SECONDED TO ACCEPT THIS MOTION.
Discussion: Ms. Luzenski read the position of the agency and Mr. Greg Keathley spoke on behalf of the operators indicating that this opportunity is available to all operators. Commissioner Posont stated that some may not get the opportunity because of vendor location or hours the training is being offered. Discussion included how the operators feel, the advantages and disadvantages of the training program, the loss of operators due to retirement and the issues with getting operators to participate.
THE MOTION PASSED UNANIMOUSLY
Motion #7: Evaluation: maximum of 2 points awarded. The most current operator annual evaluation is scored by an operator's promotional agent on a scale of 0(low) to 2(high). This component uses the raw annual evaluation score (i.e. 0, 1, 2).
TAECKENS MOVED, SCOTT SECONDED TO ACCEPT THIS MOTION.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
Motion #8: The Set-aside fee: Points are deducted for each month the set-aside fee was received after the due date. For the purposes of bid evaluation, set-aside fee payments for the most recent 12 months are reviewed and 1 point is deducted for each late set-aside fee payment.
SCOTT MOVED, TAECKENS SECONDED TO ACCEPT THIS MOTION.
Discussion: Discussion included a clarification of points and fees and that there has been consensus within the EOC on this motion. Various scenarios were also discussed, including a way to reward operators for paying on time.
THE MOTION PASSED UNANIMOUSLY
Motion #9: Those points no longer are removed from an operator who fails to meet their required profit expectation.
TAECKENS MOVED, SCOTT SECONDED TO ACCEPT THIS MOTION.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
Motion #10: That a meeting of all operators be held on December 11, 2010, in order to discuss and vote on whether to use the Set Aside fund to pay the required 3% Health Care Trust Fund Contribution.
No action was required on this motion.
Motion #11: Motion for claiming points: When an operator is requesting points, he/she will have 30 days from actual date of attending such event and/or training to submit all necessary paperwork (event paperwork - summary, event brochure, proof of attendance - name badge preferred from event) (training paperwork - instructor will submit written documentation of operator's training with dates of attendance) required to the chair of training committee for review. The chair will have 30 days to review and send copies of operator's papers with written approval from the chair to award the operator the points. Then the BEP manager will have 30 days to also review and enter the points into the operator point system database and upon completion the BEP manager must submit back to the chair and operator proof of receipt that the points have been entered.
*Note* shall this motion pass, all operator will have 30 days from actual date of passing this motion to send in any outstanding points they may be saving to the training committee chair for review and written approval to the BEP manager. THIS IS A ONE TIME OPPORTUNITY TO SUBMIT PAPERWORK FOR POINTS THAT ARE MORE THAN 30 DAYS OLD. AFTER THIS ONE TIME OPPORTUNITY TO RECEIVE OUTSTANDING POINTS OPERATOR'S REQUESTS WILL NOT BE CONSIDERED FOR POINTS. Upon receipt of this information, the BEP manager will have 30 days to review and enter such points and send back confirmation receipt to the training chair and operator.
2nd Note** if this motion passes the agency (Michigan Commission for the Blind) must send notice out to all operators to inform them of this motion via U.S. Postal Service and also on the bid line for four weeks.
TAECKENS MOVED, SCOTT SECONDED TO ACCEPT THIS MOTION.
SCOTT MOVED TO AMEND THIS MOTION WITH ADDED LANGUAGE MAKING IT EFFECTIVE MAY 1, 2011; TAECKENS SECONDED.
Discussion: There was discussion about clarification of when the points become active in relation to the bidding process and the 90 day turn around time.
THE MOTION PASSED UNANIMOUSLY.
THE AMENDED MOTION PASSED UNANIMOUSLY WITH THE LANGUAGE ADOPTED.
Motion #12: That the new standards and requirements of OJE Trainers be accepted as attached.
This motion was tabled until the Business Enterprise Program report is given.
Motion #13: That anyone who has taken the Train the Trainers course in 2010 be certified as a trainer should the previous motion {Motion 12} pass.
This motion was tabled until the Business Enterprise Program report is given.
Motion #14: Motion for Inventory Policy: To adapt the inventory policy from a trial basis to a permanent basis with the policy applying to only BEP licensed operators.
TAECKENS MOVED, POSONT SECONDED TO ACCEPT THIS MOTION.
Discussion: Discussion included advantages and disadvantages of this program, the agency needing to provide the twenty percent cash in a timely manner and that the EOC has had many discussions on this topic. Agency staff gave an explanation of the process and steps taken when transferring a location over to another vendor.
THIS MOTION PASSED UNANIMOUSLY.
Motion #15: To accept the existing Practical Experience Vending Stand Training program as written in the proposal dated 7/28/10, with the following amendments:
The line "Anyone who has had their license revoked or has left the program for any reason will not be eligible for retraining under the PEVST," will be removed.
The amendment" At the conclusion of classroom training, PEVST students shall be required to pass a final examination with a 75 percent score or higher prior to certification," will be added.
This motion was tabled until the Business Enterprise Report is given.
Commissioner Taeckens thanked the EOC for their hard work and dedication.
Chair Pilarski asked if operators were receiving their quarterly points report and suggested a possible creation of a website for points. Staff indicated that reports were being created.
Break at 3:25
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Reconvene: 3:40
ALJ Recommendation - Richard Kent
Chair Pilarski asked for representatives from the Agency, the EOC and the operator to speak for 5 minutes each to summarize their position on this case. The representatives were Mr. James Hull from the Agency, Mr. Terry Eagle on behalf of Mr. Richard Kent and Mr. James Chaney for the Elected Operators Committee.
Commissioners asked questions about the chronology of events, issues and changes with the site, and the Program helping to keep people employed.
TAECKENS MOVED TO SUPPORT THE ALJ RECOMMENDATION, SECONDED BY SCOTT
ROLL CALL VOTE:
POSONT - NAY
SCOTT - AYE
TAECKENS - AYE
THE MOTION PASSED BY MAJORITY VOTE
ALJ Recommendation - Risa Patrick-Langtry
Chair Pilarski asked Ms. Luzenski to read the ALJ recommendation. She asked representatives to speak for 5 minutes each to summarize their positions. The representatives were Mr. James Hull from the Agency, Mr. Terry Eagle on behalf of Ms. Patrick-Langtry and Mr. James Chaney for the Elected Operators Committee.
Commissioner discussion included the lack of a full transcript from the ALJ, what Ms. Patrick-Langtry wanted, and whether her income falls into the target percentage needed to be considered successful.
SCOTT MOVED TO REMAND THE RECOMMENDATION BACK TO THE ALJ; TAECKENS SECONDED.
There was discussion amongst Commissioners about how an ALJ is chosen. Chair Pilarski asked Mr. Hull to research if a specific ALJ could be requested for the hearings process.
Mr. Mike Constantini spoke via the phone regarding the past and projected income of the route in question.
THE MOTION PASSED UNANIMOUSLY.
Terry Eagle shared an update on the three BEP cases which the Commissioners made recommendations on in July.
The meeting adjourned at 4:40 and will reconvene at 8:30 the next morning.
FRIDAY, MARCH 18, 2011
The meeting resumed at 8:35 a.m. on Friday morning.
CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM
Chair Pilarski called the regular meeting to order at 8:35 a.m. Roll call was taken and a quorum was present.
Chair Pilarski welcomed newest Commissioner Lydia Schuck who shared with attendees that she is the parent of a blind child and she gave an update of organizations and projects she's been involved in.
Business Enterprise Program
Ms. Constance Zanger, the Business Enterprise Program manager expressed her appreciation for Mr. James Hull while being the Acting BEP Manager. She stated the Elected Operator Committee has been very active as shown by the numerous motions being brought before the Board at this meeting.
Upward Mobility Resolution
Mr. James Hull thanked everyone for the opportunity to be the Acting BEP Manager and appreciated being able to establish good relationships with everyone to assist in moving the program forward. Mr. Hull then went on to give an update on the Upward Mobility resolution stating that the Agency has met with the Policy, Manual, and Rules sub-committee once to discuss this issue. The focus of the discussion had to do with a list that exists in the BEP Manual regarding services that are to be provided for upward mobility. He also shared there was discussion about whether the list was appropriate and if it needed to be removed. A committee of people from the EOC, BEP staff, and VR met several times to discuss this issue. Mr. Hull wrapped up his comments by stating while no resolution has been found yet, progress is being made and it is hoped that the issue will be resolved soon.
Commissioners discussed a perception that a disparity exists in the type of services provided to clients depending on who their counselor is and where they live.
Mr. Leamon Jones, Consumer Services Division Director explained that services are being distributed equally between all geographic regions stating that the Agency is providing the items that are needed to assist the client in being successful and items are provided based on the Individualized Plan for Employment (IPE), emphasizing that services are provided on an individualized basis. Services can be provided when an impediment to employment success is determined and the purpose is to provide the services to achieve the goals that have been set.
Discussion included staff training, the need of surveys for data gathering, consumer groups keeping records of calls and providing quality services to all consumers all over the state.
Director Cannon spoke of the purpose of the welcome letter included in the consumer packet and the staff's continued commitment to quality service for all clients.
Chair Pilarski stated the leader sets the tone of the staff and she added Director Cannon cares about blind people and the staff.
Catering
Chair Pilarski noted with attendees that she was called by the new DELEG Deputy Director, Steve Arwood in regards to the catering topic which is on the agenda for discussion. Deputy Director Arwood wants to become more familiar with the whole topic and asked that this discussion be deferred for a later meeting. She also stated that he suggested an ad hoc committee be formed to discuss this and it will be put back on the agenda in June. Commissioners reluctantly agreed to discuss this at a later date.
Train the Trainer
Mr. James Hull gave an overview of the Train the Trainer program. The document is meant to develop, refine and advance the standards of this training to ensure comprehensive, complete and successful training of the students in this program.
Commission discussion included question on who is participating in this program. The Commissioners there voted on the EOC Motion #12 and Motion #13.
Motion #12: That the new standards and requirements of OJE Trainers be accepted as attached.
TAECKENS MOVED, SECONDED BY SCOTT TO ACCEPT THIS MOTION.
Mr. Bill Lozier asked that the motion be accepted as is and stated it will be taken back to the committee to address the needs of the Agency.
SCOTT MOVED TO ADOPT THIS MOTION WITH THE AMENDMENT OF ONE YEAR EXPERIENCE IN THE SAME TYPE OF FACILITY TO BE ADDED LANGUAGE, SCHUCK SECONDED.
Discussion: Discussion included having one year continuous service, the reasoning behind that and what would define that continuity of service.
THIS MOTION PASSED UNANIMOUSLY.
THIS AMENDED MOTION PASSED UNANIMOUSLY.
Motion #13: That anyone who has taken the Train the Trainers course in 2010 be certified as a trainer should the previous motion {Motion 12} pass.
TAECKENS MOVED, SCOTT SECONDED TO ACCEPT THIS MOTION.
There was no discussion.
THIS MOTION PASSED UNANIMOUSLY.
Practical Experience Vending Stand Training (PEVST)
Mr. James Hull shared that PEVST is an opportunity for individuals to come into the Business Enterprise Program and achieve successful training and become licensed in the program. There is currently a lack of operators in comparison to the number of licensed facilities.
Motion #15: To accept the existing Practical Experience Vending Stand Training program as written in the proposal dated 7/28/10, with the following amendments:
The line "Anyone who has had their license revoked or has left the program for any reason will not be eligible for retraining under the PEVST," will be removed.
The amendment" At the conclusion of classroom training, PEVST students shall be required to pass a final examination with a 75 percent score or higher prior to certification," will be added.
There was discussion about who makes the determination of eligibility, the weakness of the policy to not segregate the totally blind from the partially blind, and determining a trial period for the policy.
TAECKENS MOVED, SECONDED BY SCHUCK TO ADOPT MOTION #15.
Discussion: Included clarification on whether someone who has had their license revoked will be allowed in the program.
ROLL CALL VOTE:
POSONT - NAY
SCOTT - AYE
TAECKENS - AYE
SCHUCK - AYE
THE MOTION PASSED BY MAJORITY VOTE
TAECKENS MOVED TO ADD TO THIS MOTION FOR TWO INDIVIDUALS TO PARTICIPATE AND FOR FINDINGS TO BE REPORTED BACK TO THE BOARD, SECONDED BY POSONT.
THE MOTION PASSED UNANIMOUSLY.
[Michael King gave notes and talked to the BEP staff who were at the table during the presentation. He came in and out and had conversations with people who were called up to speak to Commissioners.]
Elected Operator Committee Report (EOC)
Mr. Bill Lozier gave the EOC report and commended the EOC members on the great participation and dedication of everyone. He stated that Mr. James Chaney, EOC Chair would be submitting a written report.
Business Enterprise Program Ad Hoc Committee update
Mr. Lozier reported on the BEP Ad Hoc committee which has held four meetings and a fifth one is scheduled. The facilitators have helped lead the discussions which have included the responsibilities of the operators, staff and promotional agents. These meetings are scheduled to be held on a monthly basis.
Chair Pilarski brought up the issue of operators receiving quarterly reports which is an ongoing issue. Ms. Zanger responded stating that these reports are going out quarterly and operators should be receiving them. There was a suggestion of having a spotter to watch for points' arrival and correctness so staff can be made aware if there are issues.
Mr. Lozier made an announcement of the BEP Workshop which will be held in April in Lansing.
Other discussions included an improvement on repair complaint calls from operators and the use of blind or sighted temporary operators.
Break at 11:00
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Reconvene: 11:20
After the break the BEP discussion continued with questions about BEP training students receiving study materials in accessible formats' and an individual not being allowed to participate in a Locations and Repairs Committee meeting and why.
Chair Pilarski thanked all the participants for their responses to all of the difficult questions.
Director Cannon spoke on active participation of the EOC and his inquiry to the Rehabilitation Services Administration for clarification. He explained an RSA representative stated the EOC should have active input in major issues related to implementation of the program.
Director Cannon referred Commissioners back to a decision made earlier in the meeting in regards to the PEVST as a pilot program and implementation of this program. He said that the first step in this implementation process would be to seek legal guidance to ensure that the steps taken are not at odds with promulgated rules.
Discussion included the PEVST policy being changed which is necessitating an updated opinion from legal advisors, the EOC being included in internal Agency meetings and an explanation of the promulgated rules for the Business Enterprise Program.
TAECKENS MOVED THAT IN THE EVENT THAT THE LEGAL GUIDANCE SUGGESTS THAT THE PEVST, AS SUPPORTED BY COMMISSIONERS, IS AT ODDS WITH PROMULGATED RULES, SPECIFIC TO THE STATEMENT THAT WAS REMOVED IN REGARDS TO A PERSON WHOSE LICENSE WAS REVOKED, THAT THE REMOVED SENTENCE BE RESTORED TO THE PEVST POLICY, SCHUCK SECONDED
Discussion included keeping the document as it is.
THE MOTION PASSED.
PUBLIC COMMENT
Mr. Joe Sibley, President of the Michigan Council of the Blind and Visually Impaired commented on the differences of services offered across the state and shared that he had an excellent counselor but has heard stories of others in different regions not having the same experience as him. He also agreed to the comment by Commissioner Schuck of the consumer groups bringing more data to the table and vowed to do that in the future. Mr. Sibley also spoke about the amazing caseloads of staff because of the retirements and work interruptions because of internal issues such as System 7. He shared that he felt communication within the Agency was an ongoing issue also and he finished by asking that he hoped everyone would respect each others views today.
Mr. Paul Bunn stated that he looked into the next vending stand training program and has not heard anything back from the Agency and feels like it has been a long period of time with no information.
Ms. Lisa Weber, a temporary operator spoke about no training given in regards to filing reports and submitting set aside fees. She acknowledged both Judy Wallace and James Hull for assisting her in learning this process. Ms. Weber thanked the Commissioners for passing the PEVST which will assist her in her training. She has a son with Aspergers and a husband with Huntington's Disease and going for 9 weeks of training would be impossible. Ms. Weber shared that she would like to be one of the people considered to participate in the pilot program for the PEVST. She also stated that she has been partially blind since birth but has lost more vision in recent years and feels that whether partially or totally blind we are all blind and should work together on dealing with that. Ms. Weber pointed out that she believes that within the Commission the left hand doesn't know what the right hand does and this needs to be addressed. She also believes that the inventory issue of an incoming operator needs to be dealt with as she had to use her own money to get her location going because of a shortage of goods left behind. Ms. Weber ended by stating that she has one of the best counselors in the state, Michelle Visscher.
Mr. Fred Wurtzel shared that he was wearing his youth outreach sweatshirt and commented about the appointments process within the Commission. He felt that there has been a double standard with the process and noted that Mr. Sibley's public comments to NFB the previous day were condescending, and when Michael Geno was on the Board he didn't comment on his being there. Mr. Wurtzel pointed out that the only person in the room who he felt has been guilty of discrimination is Pat Cannon against the NFB and when he worked for the Commission he, Mr. Wurtzel, knowingly hired two staff that were members of the American Council of the Blind. He also commented that Mr. Cannon wanted him to fire staff and that Cannon has adversely affected his retirement.
Ms. Mary Wurtzel shared that improvement plans aren't meant to be a criticism and wishes the Agency would acknowledge that maybe there needs to be some change. She also commented on the issue of people being totally blind versus partially blind being looked into and she shared some stories from the School for the Blind on this issue. Ms. Wurtzel also commented on BEP training and asked why Fred Wurtzel was denied helping out when offered.
Mr. Greg Botting a current MCB client stated that the Commission has a duty to work for all blind people within the State and there needs to be balance.
Ms. Gloria Tatum shared with attendees that she had called the Commission several times and has never received a phone call back and just wants to speak with someone.
Mr. Shane Jackson, via the phone, commented on Lisa Weber's comments from earlier on the shortage of inventory at the site she took over, as it was his site. He also commented on the PEVST and asked that the EOC be a part of the selection committee of who will participate.
Mr. Joe Harcz, via the phone, commented on the major issues present with following the Americans with Disabilities Act in regard to getting materials in accessible format, the ability to access the live streaming, information getting out to clients in an accessible way, the meeting place having substantial physical access violations and civil rights laws being violated.
Ms. Sheila Ashcraft, via the phone, commented that the audio is still garbled and sound clarity is critical. She sent special greetings to Pat Cannon and the staff as they continue to do more with less. Ms. Ashcraft also stated she would continue to promote the agency offering applause when earned and shooting arrows when called for. She again wished for civility and asked that all keep the promise of the mission at the forefront.
Ms. Kim Walsh, via the phone, from Detroit Information Radio Services informed that the audio has cut in and out and asked if public comment will be held again at the end of the day. She added there has been much said about the difficulty of continuing services in a downsized world and she stated that she would like to continue working with the Commission and all audio service providers in the state to ensure that all information is made available in an accessible format through the radio services. She added she would be willing to work on a team looking into this.
Mr. Michael Geno, via the phone, asked that all other phone participants should check their mute option with *6 to help the feed quality. He thanked everyone for the opportunity to listen and make public comment by phone but encouraged staff to look at the quality of what is being heard. Mr. Geno also commented on the decision-making process as a board member, the inability to make everyone happy and while on the board choosing to make decisions based on what he personally felt was the best way to go. He stated that he was hearing consensus on the EOC issues and how well the ad hoc discussions have assisted this. Mr. Geno shared that he misses being there and appreciates the Board tackling difficult issues.
Mr. Dave Robinson shared that as a blind person he has always been an advocate for blind people through the NFB. He stated that an issue with MCB is that it seemed to operate at cross-purposes within the Agency including some people being self-serving and having politically motivated actions. Mr. Robinson stated that the Commission management is dysfunctional and he asked Commissioners to learn about the issues from the Agency, the EOC and the Operators and to get to the heart of the matter.
Ms. Lisa Weber clarified her earlier comments about the BEP location she went into and that she in no way blamed Mr. Shane Jackson for this deficit.
Mr. Joe Sontag congratulated the Board on getting through all of the EOC motions and informed attendees that the PEVST program has great ideas but there are concerns about the writing of the document, specifically with individuals who are participating in the program doing well and losing their SSI or SSDI benefits and payment for the training. Finally, Mr. Sontag clarified the definition between the term servicing clients and serving clients.
Recessed for lunch at 12:30 p.m.
The meeting reconvened at 1:35 p.m.
Consumer Involvement Council - Small Business Policy
Ms. Crystal LaFleche, Chair of the CIC presented the Small Business policy and informed the Board of some changes that had been made to the policy and that all of the CIC recommended changes have been incorporated into the policy.
SCOTT MOVED TO ACCEPT THE SMALL BUSINESS POLICY, SCHUCK SECONDED.
Discussion included the question of the financial aspect of the policy and the impact on SSI and SSDI recipients and the possibility of receiving feedback. Commissioners also discussed waiting to adopt the policy until the June meeting.
Ms. Shannon McVoy, a staff committee member shared that feedback was sought out by small business consultants, commission staff and small business owners. She also gave background information on the making of this policy including looking at other states policies, talking to Michigan Rehabilitation Services and referring to the current policy when drafting this one.
TAECKENS AND POSONT ABSTAINED; THE MOTION PASSED BY MAJORITY VOTE
There was other discussion about how many clients have small businesses, staff indicated there were about 50 small businesses. Ms. Lisa Kisiel thanked Ms. McVoy for chairing this committee and the great work she did.
Director's Report
Director Cannon referred Commissioners to the written report which was submitted. He touched on the Governor's reorganization, including that MCB will remain with DELEG and it will be renamed the Department of Licensing and Regulatory Affairs (LARA).
He also shared about the Mi-TOPS (Michigan Transition Outcomes Project) meeting which was a collaborative effort by MCB, MRS and the Special Education Services from the Department of Education held in January. He pointed out there are other numerous articles in the MCB report including about the quiet cars issue and reports from MCB division administrators.
Commissioners asked about the monthly update which was forthcoming from the Director's office. Director Cannon replied that when the corrective action plan is approved as final by RSA then it will be posted on the website and forwarded to Commissioners. There was also discussion about the focus of the agency to help all blind people, not just the employable ones which can be lost when there is a combined agency. He stated MCB provides services focused on youth, homemaker and older blind individuals in addition to employment ready clients. Director Cannon also gave specific examples of skills that are taught to older blind to allow them to remain independent after sight loss.
Commissioner Schuck asked about recruiting youth for the Business Enterprise Program. Director Cannon indicated the BEP wasn't for everyone but said that for the right person it is a terrific opportunity and the counseling program has been continually improved to help clients decide if BEP is a good fit for them.
Chair Pilarski thanked Sherri Heibeck for her very thorough report and update on the Training Center.
Commissioners asked questions about the Action Plan, a management tool which helps identify objectives that need to be reached under the four primary goals which make up the Action Plan. Director Cannon stated items from the Action Plan will be used on the new Governor's Dashboard concept for all departments which offers a glimpse of what state government is doing. Questions included specifics about survey results from the Training Center survey including cancelled classes, technology issues, application of technology learned and downtime and Ms. Heibeck addressed these questions. Ms. Heibeck also informed attendees that Training Center staff and field staff are working together closely to create a successful program for clients attending the center including entrance and exit reports with students and counselors.
Commissioner Taeckens suggested that Commissioners send all of their Action Plan questions to Chair Pilarski for her to compile them into one document to be answered by staff and posted on the website for all to read.
Director Cannon updated Commissioners on the Staff Training Ad Hoc committee, scheduled to meet again the week following the Commission meeting. Recommendations that have come out of the staff training group along with the CIC suggestion and have begun being implemented are a low vision component to staff training while at the Training Center and a conveyance to clients of their opportunity to have a representative advocate with them or for them on services as a client. The next meeting will focus on development of a survey or questionnaire for new staff to gain feedback on the quality of the new staff orientation. Mr. Bob Robertson gave a brief background of the new staff orientation process and Director Cannon added that a meeting with the President's of NFB and MCBVI will be set up so new staff and recently hired staff can meet with the organization leaders.
Commissioner Posont asked for the Staff Training Ad Hoc to be made up of the four designees originally requested by Chair Pilarski rather than the staff heavy group it is currently. He stated that this group should represent the original suggestion of the Board including one staff person, one representative from NFB, one from MCBVI and one board member. Other discussion included bringing in other people at a later date after the group is established with a foundation.
POSONT MOTIONED THAT THE STAFF TRAINING AD HOC COMMITTEE BE RESTORED TO THE FOUR ORIGINAL DESIGNEES IMMEDIATELY; SCOTT SECONDED.
Director Cannon added that representatives from both consumer groups have participated along with the Chair of the CIC. He also stated that items have already begun being implemented because there is no need to wait to implement some of these great ideas. Commissioner Posont indicated that he wanted to come back to the Board with a long term training plan of action, not something that is put together piecemeal. Commissioner Schuck asked for other states staff training plans to be looked at also.
Director Cannon stated that staff training is an ongoing initiative that can constantly be improved upon. Commissioner Taeckens shared that she saw this committee as an add-on to enhance the work already being done by staff in identifying training needs. Director Cannon responded that the CIC is already acting as a staff advisory board as some of the ideas implemented have come from that group. Chair Pilarski stated she did not create this committee to tell staff how to do their jobs but more to serve as a steering committee and to collect ideas from all different groups.
Chair Pilarski summarized that the motion is to have a steering committee comprised of the agency, each consumer group, the CIC and one board member.
THE MOTION PASSED UNANIMOUSLY BY ROLL CALL VOTE.
Commissioner Taeckens will represent the Board.
Public Comment
Mr. Michael Geno, via email on Thursday, wished all a Happy St. Patrick's Day and detailed issues being experienced with the phone feed and the audio streaming. He also asked that audio recordings be made available to all who attempted to listen remotely.
Ms. Jane Willard, via email, stated that background speakers are not being heard while listening remotely. She shared she has been looking for employment as an older individual and has heard that her VR counselor has left MCB.
Ms. Diana Mohnke, via email, urged Commissioners to follow up with the lack of services being provided at Lansing Community College. She asked that a blindness training or in-service class be held for the Office of Disabilities Support Services to educate them on the needs of blind students. Ms. Mohnke stated that continual problems that take time away from completing schoolwork are hurting blind individuals academically and this needs to be changed.
Mr. Fred Wurtzel stated that he has been working with a group on the Lansing Community College (LCC) issues and would like the Agency to look at this Memorandum of Understanding. He shared a story of a student who had been put on academic probation because of an internet mishap on a school computer and he feels there needs to be more intervention by MCB with LCC. Mr. Wurtzel shared that this meeting today with the full board has been a great success with much diversity.
Mr. Joe Sontag thanked the Board for supporting the steering committee concept in relation to staff training. In his opinion, the meeting he sat in on was very productive and gave hope for better things to come. Lastly, Mr. Sontag commented on the audio issues with this meeting and that he may be willing to help check that services are working correctly when the Agency believes things are corrected.
Mr. Bill Lozier, via the phone, thanked the Board for their time and work and listening to all of the BEP motions.
Mr. Joe Harcz, via the phone, reiterated Mr. Sontag's comments that some of the speakers could not be heard and this put's the organization in bad light.
Ms. Elizabeth Mohnke, via the phone, echoed the streaming comments for today that it was better than the last time but still needs a lot of improvements. She also commended the Board for upholding its decision on the staff training issue and for the Board taking its rightful place. Ms. Mohnke shared that she was elected as the President of Michigan Association of Blind students and they are putting together a scholarship program.
Mr. Leonard Gross spoke about Newsline and that he and others are very grateful to have it back up and running. He questioned what is happening with it to keep it running in the future. Mr. Gross listed a few of the many valuable resources that Newsline provides to blind people.
Commissioner Taeckens asked if there is another Data Ad Hoc committee scheduled. Staff stated that another date needs to be set up. Commissioner Posont will set up the Steering Committee on Staff Training.
SCHUCK MOTIONED TO ADJOURN; POSONT SECONDED.
THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 3:52 p.m.
Chair Jo Ann Pilarski
Date:___________________________
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