Minutesfor March 22, 2016 Meeting

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Present:

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Paul Beane, (DelARF)

Ty Case, (Member)

Alan Clayton, (DVI)

Thomas Cook, (DelARF Ex-Officio)

Dobbins Doyle, (Vice Chair)

Debbie Harrington, (Madam Chair)

Elisha Jenkins, (DVI)

Lloyd Schmitz, (Public)

Dean Stotler, (GSS)

Bob Willard, (Counsel)

Chuck Wagner, (Member)

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Absent:

Ava Briggs, (Assistant to the Commission)

Dan Madrid, (DVI Ex-Officio)

Michele Mirabella, (Member)

Valerie Watson, (Member)

Debbie Harrington called themeeting to order.

  1. Old Business
  2. Completing Title 16–References in the Definition section should be consistent throughout when using “shall include”, “is”, and “means”. §9602. Definitions – Page 1, Line 18, under the definition for “Blind” subsection (2) the word blind will be replaced with “visual impairments means”.

Page 2, Line 2, subsection (4) the definition is backwards. “The Commission means” should be the start of the definition. Omit the last part “is for purpose of this chapter” it is redundant. Lines 9, Delaware Association of Rehabilitation Facilities (DelARF) to “Ability Network of Delaware (AND)”. Lines 9 – 13 delete starting with “whose primary purpose…work in the community.” Thisdefinition is too long. Line 14, subsection (7) Disability will remain in place of reference made on Page 3, Lines 7 – 9, “Severely handicapped” and “severely handicapped individuals”.

Page 3,Lines 6 – 11, “Severely handicapped” and “severely handicapped individuals” will be deleted along with subsection (8) “Workshop or sheltered workshop” definition.Line 12, subsection (11) the definition for “Set-Aside” has a dash (-) after it. It should be the word “means” instead.Line 13, the Commission is sufficient instead of the Commission’s full name. §9603. Line 19, under the Commission’s name “Appointed” is changedto “Appointment”. Subsection (b) Lines 22 – 28 changes to read, “the Commission shall be composed of 10 members, which shall include seven voting members and three non-voting members and furthermore shall consist of the following, serving at the pleasure of the governor as voting members.”

Page 4, Lines 9 – 10, delete sentences about “Chair and Non-Voting Members”. Replace definitions for both as follows: list the following as new subsection (c) “The Chair shall be a member of the public and shall be appointed by the Governor. Subsection (d) “Members of the Commission serving by virtue of position may appoint a designee to serve in their stead and at their pleasure. All Governor appointed members shall serve at the pleaser of the Governor.” the relabel the rest of the bullets as letters.change subsection from (iv) to (v) under “A representative of a CRP”. Line 12, subsection (ii) The Director of “DelARF” name changes to Ability Network of Delaware and add at the end “who shall be a non-voting member;” Line 13, add at the end of The Director of DVI, “who shall be a non-voting member”. Line 23 replace Chairperson with Chair, replace all Chairperson with Chair to be consistent throughout the document. The word agency will remain as a capital letter throughout the document as it is a part of the definitions and format for definitions are to be capitalized.

Page 5, §9604. Line 11, the Commission can be used instead of the full title. Line 12, delete “assure” and replace with “promote”, Line 14 – 15, after individuals with visual impairments and other disabilities. add the following sentence, “At scheduled and noticed meetings of the Commission, and change “DelARF” to “AND“. Line 16, added “and/or” the Commission representative of CRP…” Line 26 – 28, change to adopt procedures that relieve the Commission of being charged with quality standards. At the end of “CRP that employees persons with disabilities” add the following, “shall propose to the Commission, potential set-aside for contracting with Agencies and the price of those products manufactured and services provided by the CRPs or CNAs that are offered for sale to the various Agencies of the State. The price shall recover for the CRP Or a CNA the cost of raw materials, labor, overhead, and delivery costs. The Commission may revise such prices from time to time in accordance with changing costs factors, with advice from subcommittee who shall review the proposed revision in advance of a Commission meeting and may adopt procedures concerning specifications, time of delivery and other matters of operation as shall be necessary to carry out the purposes of the VCRPs or CNAs and this chapter.”

Page 6, Line 7, subsection (c), change “create” to “promulgate” to be consistent with another reference in the document.

Page 7, recommended to add the Director of GSS in the definitions. Commission agreed that this position did not need to be defined as none of the other positions, i.e. Director of DVR, are defined in the document.§9606, Food service in public office buildings, Line 17 -28, will remain in the document to represent DVI as it appears in the law as well. Any changes deemed necessary would be made by the Director of DVI.

Commission-Chair Harrington,along with the Commission,reviewed recommendations from Valerie Watson;Commissioner and representative from Legislative Hall; and Kyle Hodges;Senior Administrator, State Council for Persons with Disabilities. Bob Willard; Deputy Attorney General representative attending this meeting, stated he has received the changes above, and that all changes have been made to the satisfaction of the Commission. Ms. Harrington asked if there was a motion to adopt the changes that have been made to Title 16. Commissioner Stotler moved to adopt the changes that have been worked on at this meeting. Commissioner Case seconded this Motion. All are in favor, none opposed. Motion passed to adopt changes to Title 16.

Mr. Case had to leave early after the voting. (NO QUORUM for the remainder of the meeting)

  1. Completing Bylaws
  1. New Business
  2. Sunset Review Report Findings
  3. DelARF Proposal to expand services at Absalom Jones Community Center–Facilities Management is seeking pricing for additional ground services at the building. Cost to cover equipment and labor for additional cleaning services two days/week; services are to be provided by existing Chimes staff on Tuesday and Thursdays for an additional 8 labor hours/week. Proposed price/Month: $491.90 – Equates to $14.15/Hour. Annualized Price - $5,902.81.

Extra services to include the following:

  • Removal of trash on grounds
  • Removal of cigarette butts on grounds
  • Empty cigarette urns
  • Empty trach and replace liners outside of building

Fair Market Value determination for cost justification was compared to the position of a Grounds Keeper I, State merit position.Commissioner Mirabella provided additional cost information for supplies, fuel, and liability costs for discarded syringes and condoms in the area outside, which could be considered bio-waste, and in the future looking to raise the hourly pay needing to happen as well. Paul Beane, DelARF,wanted to ask the Commission if this is an actionable item, is there a way to justify Ms. Mirabella’s added cost based on what has been mentioned.Mr. Stotler commented that it is significantly beyond the 10% threshold and without proper documentation for justification to ask to act outside of that, he would not agree to extra costs.There may be other providers that may be able to service this facility at the current cost if Chimes is unable to further show the specifics of the breakdown for precise costs. Commissioner Wagner stated that he is concerned about the bio-waste disposal. Mr. Beane stated he wouldask Chimes for further clarification on how they are disposing of those types of items. Further justification is needed and this will be presented again after clarification.

  1. DIB Report – Ms. Harrington asked for an update on the status of DIB and where it stands now and what was found in the audit. Not all of the Commissioners are present and she suggested holding off until the next meeting for the following.
  2. DIB Status on the following:
  3. audit report findings
  4. resolution for monetary loss
  5. status for the future

Elisha Jenkins, Deputy Director for the Division for the Visually Impaired, provided an update on DIB. They are in the process of providing services through referrals for some of the employees to the VR program to update skills and training for different opportunities that are available. Recently the customer service team had the opportunity to go to an Expo in Atlantic City for training and networking. At the next meeting the above will be provided.

  1. DelARF Report
  2. Pricing For The Archives Building – After pricing was adopted for this site in October, DelARF found space that could not be cleaned was counted in the cost. DelARF realized that there should be a price decrease. This process took approximately three(3) months to get a proposal from Chimes. The next step in the process was to get an approval from Doug Minner for the decreased price, but when looking the proposal over, it was not easy to find a property comparison since there are extra tasks done for the Archives Building. In mid-February, DelARF requested a further breakdown of the additional tasks. The Request for this information could have been given in one or two ways. A break-down of their cost for cost consideration as per the statue, or break it down in part by the contract specifications for the scope of services that all janitorial contractors follow, listing the additional tasks from the standard tasks. They had not received the breakdown as requested as of March and in anticipation of the upcoming April 19 meeting and wanting to come before the Commission for a price adjustment, decided to inform Chimes that they would reduce the monthly fee by the number of square feet that is not being cleaned. Chimes expressed being under paid for a number of years, but since it is a mistake it needed to be corrected. The mistake was made by Facilities Management through what they submitted as square footage. Chimes would prefer to change the price per square footage to recover their costs. Currently, DelARF is waiting for Chimes to respond with the breakdown, but if not received in time, then DelARF will have to proceed with a price adjustment based on square footage alone. There has not been a discussion about cost recover on this overpayment. Thomas Cook, DelARF,stated he would like to speak to Mr. Stotler directly on repayment. Mr. Stotler stated that he had concerns about this overpayment, but will work amicably to resolve it especially since it was due to an error on all sides with facilities not taking into account the vault space that could not be cleaned and DelARF not knowing that space should not have been added. However, it is costing the State money, and that is the concern of overpayment continuing, which needs to be addressed. If this cannot be resolved within the month, then he will advise the State to short pay the invoices for the upcoming months. Mr. Cook said Chimes has agreed upon a price, but they have not sent in what would substantiate that price. He has no reason to question the price they have, but needs the breakdown to show to the Commission to substantiate fair market value for price adjustment. In the meantime, since this is an overpayment, it needs to be adjusted and cannot wait. The State is seeking to recover the money of the overpayment and will take action accordingly. Mr. Cook stated that he would like to give Chimes the opportunity to make it accurate, but isuncertain at this time what the holdup might be.However, he again restated that by April 19, this matter will be resolved either with Chimes or DelARF, and he will base the pricing on square footage alone and ask the Commission for a price adjustment at the next meeting.

Ms. Harrington asked for clarity on Fed Cap’s role with DelARF contracts; specifically, are they subcontracting contracts out?Mr. Beane responded that no; they are servicing their contracts and look forward to a smooth transition from the vendor.He stated that he feels that the perception of Fed Cap will change as time goes on, and reiterated that DelARF has retained thirteen(13) of the employees that were working through contracts that were surrendered. They are also retraining employees on their productivity standards. They are going to raise the bar on how service is provided for State Use. Goodwill made an effort to keep some of their folks and Connections was very helpful and forthcoming and making sure that their people had an opportunity to transfer over. All but two sites are currently being serviced by Fed Cap; the other two are being serviced by Chimes.

  1. Public Comments - No Comments
  2. Adjournment – With no further business to be brought forth, Madam Chair announced the meeting was adjournedat 4:05pm.

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