APPROVED MINUTES

MICHIGAN COMMISSION FOR THE BLIND

MAY 20, 2002

VICTOR OFFICE CENTER

LANSING, MI

MINUTES

COMMISSIONERS PRESENT

COMMISSIONERS ABSENT

None

MCB STAFF PRESENT

FIA STAFF PRESENT

Ms. Jocelyn Vanda

GUESTS

COMMITTEE OF THE WHOLE

            The Committee of the Whole meeting was called to order at 9:07 a.m.

            The first item for discussion was the format for the Committee of the Whole portion of the meeting.  After a brief discussion, the decision was made to discuss Committee of the Whole business at the beginning of the meeting and then the discussion would take on an open-dialogue process where anyone could join the discussion if time permits.

            The next item for discussion was the Open Meetings Act.  The Act was read and Mr. Cannon said that it would henceforth be made a part of each orientation packet.  Mr. Cannon explained that this issue had arisen as a result of Commissioner discussion about when it is permissible for Commissioners to get together outside of the regularly scheduled Commission meetings.

            The Commissioners then discussed P.A. 260 and previous discussions about whether or not staff had satisfied a motion made at the October 16, 2000 meeting.  Mr. Cannon said that at that meeting a motion had been made to seek clarification of the definition of “concession.”  As a result of that motion, staff had held a meeting with the Assistant Attorney General and the Assistant Attorney General had indicated that BEP operators do have the right to provide catering services in state buildings and facilities, although there is no statutory mandate for building tenants to utilize only BEP services.  Mr. Bowman said that he felt that it would be beneficial to seek a formal ruling from the Attorney General, but he would not seek that at this time.  It was decided to discuss this issue further during the Business Enterprise Program portion of the agenda.  Director Cannon said there would be further opportunity to pursue particular segments of P.A. 260 issues in general, such as inviting Ms. Harding to discuss them and noted that Mr. Tom Watkins, the Superintendent of Public Instruction, would be present later in the day and the Commissioners could discuss those issues that pertain to education with him.

            Vice-Chair Greene noted that there was a draft meeting schedule through December 2004 for the Board’s consideration.  There were no changes to the proposed schedule at this time.

            Vice-Chair Greene asked Director Cannon to provide an update on the Planning and Quality Team (PAQ) meeting which was held on May 6.  He said that the purpose of the meeting was to help jumpstart the six Focus Design Teams and to talk about how the Commission will continue to go forward amidst the change of early retirements consistent with visioning, planning and quality management principles and continue to be an open, learning organization.

REGULAR MEETING

CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM

            The regular meeting was called to order at 10:08 a.m.  Roll call was taken and a quorum was present.

APPROVAL OF THE MINUTES

            Mr. Cannon noted that the minutes of the April 15, 2002 meeting should reflect his statement that if the October 2000 minutes so indicated, he would seek an Attorney General opinion with regard to the P.A. 260 issue.

MS. THOMAS MOVED, SUPPORTED BY MS. PILARSKI, TO APPROVE THE MINUTES OF THE APRIL 15, 2002 COMMISSION MEETING AS CORRECTED.  THE MOTION CARRIED WITH ONE DISSENTING VOTE.

PUBLIC COMMENT

            Mr. Casey Dutmer said that with regard to the discussion with the Assistant Attorney General and P.A. 260 that catering, under her informal opinion, was not part of the term “concession” and that the Commission has the right under the term “concession” to have food service but not the right to exclusive catering in state buildings.

DIRECTOR’S REPORT

            Mr. Cannon called attention to the written MCB Report for more detail.  He said that he and Melody Lindsey had attended the National Council of State Agencies for the Blind.  Rehabilitation Services Administration Commissioner Joanne Wilson had provided the keynote address and talked about client choice and quality services.  One of the conference sessions had dealt with homemaker closures.

            Mr. Cannon said that the first two four-day sessions of the Discovery Learning Training had been completed.  A total of twenty-four staff and Commissioners will be attending the training sessions throughout the summer.

            Mr. Cannon also reported that the Michigan affiliate of the Association for the Education and Rehabilitation of the Blind and Visually Impaired had held its annual state conference in Ann Arbor and Mr. Cannon had co-presented with Jacqueline Thompson, Director of Special Education.  Their presentation was about new laws with respect to special education and rehabilitation.

            Mr. Cannon said that it was now known that fourteen people would be taking advantage of the early retirement opportunity.  He said that the challenge is to continue to go forward in the context of visioning, planning and quality management principles.

MS. PILARSKI MOVED, SUPPORTED BY MS. THOMAS, TO ACCEPT THE DIRECTOR’S REPORT AS PRESENTED.  THE MOTION CARRIED UNANIMOUSLY.

SERVICE RECOGNITION AWARDS

            Mr. Cannon said that he would like to start a new custom beginning at this meeting and that is the recognition of employees who have been employed with the State of Michigan for 20, 25 years and longer.  Two individuals had attained 25 years and both were present to receive their awards.  Present to receive his award was Joe Willett, job placement specialist from Flint.  Also receiving an award was Administrative Services Director Larry Best.  Also, there were two individuals who were receiving their 30 year awards:  Leamon Jones, Supervisor of the Southeast Region who had already received his award and was not present and Bob Utrup, Independent Living Program Manager, who was present to receive his award. 

            Ms. Jocelyn Vanda also presented the Director, Patrick Cannon, with an award for 25 years of service.  Ms. Greene recognized, on behalf of the Board, the dedication of all those receiving awards and thanked them for their service. 

CONSUMER SERVICES DIVISION REPORT

            Mr. Buscetta said that the Lansing regional office would be very heavily hit by the early retirements.  Steps are being taken to alleviate the situation.

            Mr. Buscetta reported that he and Sherry Gordon had attended the National Conference on Ticket To Work for Rehabilitation Agencies in Seattle, Washington.  He said that there were many aspects of the law that had been clarified at the conference, but there are still many unknowns related to the Ticket.  Michigan is scheduled to be “rolling-out” in November.  He said that it is extremely important that clients are made aware of what is coming to them and how they might best take advantage of it.  He said a general mailing will be done in August or September to all clients advising them of their options.  A follow-up letter will be sent in November.  Mr. Buscetta said that there is a private company called Maximus that is responsible for coordinating all information for local employment networks.

MR. BOWMAN MOVED, SUPPORTED BY MS. PILARSKI, TO ACCEPT THE CONSUMER SERVICES DIVISION REPORT AS PRESENTED.  THE MOTION CARRIED UNANIMOUSLY.

EDUCATION UPDATE

            Mr. Tom Watkins said that he has been the Superintendent of Public Instruction for about one year.  He said that one of the major issues he, along with Pat Cannon, had worked on is the Special Education Rule changes.  Other issues on which he has spent a considerable amount of time in his first year are the statewide accreditation system, which includes involving parents in the education of their children, and professional development and investing in teachers.  Still other components are the truancy and dropout rates of schools and making sure that every child can read.  He also has plans to grade schools on an “A, B, C, D-Alert and then unaccredited” basis.  He said that he was looking forward to working with the Commission to make sure that all children in the state receive a good education in the public school system.

            In response to Ms. Pilarski’s question about how Superintendent Watkins would be working with the Commission, specifically geared toward blind children, Superintendent Watkins responded that he has worked with MCB Director Patrick Cannon for twenty years and trusts and respects him and takes his counsel very seriously.  He also said that as change takes place in state government, care needs to be taken that the emphasis is put on those who need to be served.

            In response to Commissioner Bowman’s question about funding for Camp Tuhsmeheta, Superintendent Watkins said that, given the current funding situation, he cannot anticipate providing more money for Camp T.  He said that he has asked the Camp T Trust Fund Board and staff to explore ways in which more use can be made of the Camp.  He said that he would also appreciate the Commission’s assistance and vigilance with respect to Camp T.

            The meeting was recessed for lunch at 11:41.

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            The meeting was called back to order at 12:40.

MCB TRAINING CENTER REPORT

            Ms. Lindsey said that the National Council of State Agencies for the Blind (NCSAB) meeting that she had attended with Director Cannon had been a very interesting and informative meeting.  The most interesting part of the meeting for her was discussion on homemaker closures.  Ms. Lindsey is on the planning committee for the conference in the fall on residential training centers for the blind and a planning meeting was held at the NCSAB meeting.  Ms. Lindsey said that she was chairing the subcommittee which decides on the presentations at the conference.

            Ms. Lindsey also reported that she had recently participated in the board meeting of the National Federation of the Blind of Michigan.  One issue that arose was working with the Commission for the Blind in how to secure more effective services and she said that people feel that the Commission should be more proactive related to advocacy.

            She also attended the Michigan Association of Blind Students meeting in Lansing and was very impressed with the president of the organization, Alison Hilliker.  Ms. Lindsey felt that she had done an excellent job in bringing students to the meeting and in facilitating the meeting.

            Ms. Lindsey reported that on June 13 and 14 the Training Center will be conducting a training on the use of the Braille Note. 

            She also reported that a meeting was held with Goodwill to improve the way Goodwill does vocational evaluations.  They will be hiring a new person and they will change the name from vocational evaluations to career assessments.

            Vice-Chairperson Greene asked Ms. Lindsey if there were suggestions as to how the Commission Board could be more vociferous in dealing with the Governor’s Office.  Ms. Lindsey said that there is a lot of frustration on the part of consumers because of MCB’s placement in the Family Independence Agency.

MINI-ADJUSTMENT PROGRAM REPORT

            Mr. Jim Baird thanked Director Cannon, Ms. Lindsey and Mr. Buscetta for making funds available to pay for the Mini-Adjustment Programs.  He also thanked the regional supervisors, Mr. Leamon Jones, Mr. Bernie Kramer and Mr. Gerry Such, for letting the Minis come into the regions.  But he said the real thank you needs to go the fieldstaff, the teacher/counselors and the counselors who do all the work involved in convincing the consumers to attend the program.  Also, he thanked the teachers who teach at the Minis.  He said they were really doing double duty by giving up a week to teach at the Mini and then they have to catch up with their regular assignments.

            Ms. Bonnie Betz explained the Mini-Adjustment Programs using a PowerPoint presentation that was prepared by Mr. Will Droll’s daughter as a project for a college-level class.  Ms. Betz said that the mission of the Mini-Adjustments is to provide an introduction to blind rehabilitation skills and services and to encourage clients to pursue further blind rehabilitation training.  Both Ms. Betz and Mr. Baird spoke of the change the Minis can make to peoples’ lives.  Mr. Cannon said that he had experienced a Mini for an entire week and he highly encouraged each Commissioner to spend a week at one of the programs.

            MS. PILARSKI MOVED, SUPPORTED BY MR. BOWMAN, TO ACCEPT THE TRAINING CENTER REPORT.  THE MOTION CARRIED UNANIMOUSLY.

ADMINISTRATIVE SERVICES REPORT

            Mr. Best said that April budget reports are in and had been distributed.  The reports indicate that there is three to four percent leeway in the budget.

            Mr. Best reported that fourteen people were taking advantage of the early retirement program:  They are Connie Kreiner, James Buscetta, Dora Fulcher, Sue Wilson, Terry Donnelly, Gerry Such, Virginia Dean, Kathy Halligan, Joe Willet, Bob Tinney, Wes Goodwin, Bob Utrup, Mike Ellis and Lucy Norton.  He said that permission has been received to convert some of the people who have been on limited term status to permanent full-time equivalents. 

            Mr. Best reported that the Client Reporting and Tracking System would be converted to Oracle in the coming week.

            Also, Mr. Best said that the contractor, Premier Programming Solutions, who was working on the final product for the BEP recordkeeping system still has not finished it and suggested that the Board send the contractor a letter expressing their disappointment that a final product still has not been received and that they are very much aware of the situation.  Director Cannon indicated that staff would prepare such a letter and that he would send it to the contractor.

            MS. THOMAS MOVED, SUPPORTED BY MR. BOWMAN, TO ACCEPT THE ADMINISTRATIVE SERVICES REPORT AS PRESENTED.  THE MOTION CARRIED UNANIMOUSLY.

ELECTED OPERATORS COMMITTEE REPORT

            Mr. Wurtzel was not present at the meeting.  Mr. Casey Dutmer was present to give the Elected Operators Committee Report.  Mr. Dutmer said that the EOC held a meeting to discuss the proposal that Mr. Dutmer had written entitled, “A Proposal to Resolve Economic and Management Issues by Transforming the System Support Services of the Business Enterprise Program to a Non-Profit, Self-Organizing Model.”  He said that they approved the concept of the draft.  He expressed his appreciation for the support he has received from the Director of the Family Independence Agency and Ms. Jocelyn Vanda.

            A lengthy discussion ensued regarding P.A. 260 and how it applies to catering and concessions in state buildings. 

            MR. BOWMAN MOVED, SUPPORTED BY MS. THOMAS, THAT THE BOARD REQUEST THAT DIRECTOR CANNON INITIATE THE PROCEEDINGS TO REQUEST A FORMAL OPINION, RULING, CLARIFICATION OF PUBLIC ACT 260 AND HOW IT APPLIES TO CONCESSIONS AND CATERING IN STATE FACILITIES.

            The motion received two yes votes and two no votes and, as such, did not pass.  Commissioner Bowman then questioned the appropriateness of Vice-Chair Greene’s vote on the motion since she was acting as the chair of the Commission.  There was considerable discussion on the matter regarding whether or not Commissioner Greene’s vote was valid.  Commissioner Bowman also raised a question about the validity of Commissioner Greene’s vote in the morning on the approval of the Commission minutes of April 15, 2002.  After considerable discussion on these matters, the Commissions Organizational Policy was reviewed as well as “Roberts Rules of Order.”  Following that review, it was determined that Vice Chairperson Greene’s votes, on both the questioned motions, were valid and that no further research or discussion needed to occur.

MR. BOWMAN MOVED, SUPPORTED BY MS. THOMAS, TO ACCEPT THE ELECTED OPERATOR’S COMMITTEE REPORT AS PRESENTED.  THE MOTION CARRIED UNANIMOUSLY.

PUBLIC COMMENT

            Mr. Geer Wilcox said that he thinks there is a distinction to be made between seeking a formal Attorney General opinion and changing of Public Act 260 which has to be done by the Legislature. 

            Mr. Casey Dutmer said that he was pleased with the Commission Board and the interaction of those present.  He said he would like to see dialogue in the Committee of the Whole portion of the agenda.  He also said that he hoped the Board would comment on his draft proposal. 

ADJOURNMENT

              MR. BOWMAN MOVED, SUPPORTED BY MS. PILARSKI, TO ADJOURN THE MEETING.  THE MOTION CARRIED UNANIMOUSLY.

            The meeting was adjourned at 2:56 p.m.  The next meeting will be on Monday, June 17, 2002 at the Ramada Inn in Mackinaw City, Michigan.  The Committee of the Whole meeting will begin at 9:00 a.m. and the regular meeting will start at 10:00 a.m.

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Peeti Greene, Vice-Chairperson

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