Subcommittee Minutesfor April 21, 2015 meeting.
Present:
Mary Page Bailey
Paul Beane
Ava Briggs
Ty Case
Doyle Dobbins, (Chair)
Carolyn Petrak
Michele Mirabella
Lloyd Schmitz
Dean Stotler
Chuck Wagner
Valerie Watson
Absent:
Thomas Cook
Jayson Crouch
Dan Madrid
Doyle Dobbins called the Subcommittee meeting to order.
Paul Beane introduced Carolyn Petrak, DelARF Associate Executive Director. She started with DelARF 3 months ago.
Doyle Dobbins asked for the minutes to be reviewed from the previous meeting. Michele Mirabella asked for one change, to remove Chimes after her name and list her as a Member. Dean Stotler motioned that the minutes be approved with the correction, Chuck Wagner seconded the motion, and all agreed that the minutes are approved.
Review of draft Regulations began with Section B, Definitions. Doyle Dobbins suggested that Item 1; CNA(s) definition should be narrowed down. All agreed that private entities under CNA and CRP should be changed to nonprofit agency.
Section B, Item 4, Contract(s) was capitalized, but since the definition of contracts was combined with Set-Aside Contracts to make one definition. Any reference to contract, by itself, should be lower case within this document. Mary Page Bailey stated that the Commission does not have the authority to make a contract, but instead makes the pricing for the set-asides. She suggested that changing set-aside contract to say something like set-aside pricing. Dean Stotler expressed that he disagreed. The Commission may review pricing for set asides, but it is a contract that also includes pricing. He used a few examples with janitorial service cleaning. There is a contract on what is being cleaned, how many times and so forth. Dean Stotler quoted 16 Del. C., Ch. 96, §9604 9(c). The Statue will need to be opened and changed to reflect how the Commission is functioning, as of this date it is not aligned with the statue, but this is what the Subcommittee is working to get Regulations and statue to reflect the same.
Section C, Item 1, Doyle Dobbins suggested that applicant does not need to be repeated in sections a – e. Dean Stotler agreed and stated the last sentence before going to sections a – e, read an applicant for each one. It was agreed to remove the redundancy of applicant in those items. Section C, Item 2, subsection c, day to day operations of the program was suggested to be change by Dean Stotler to read deliverables of services under the set-aside contracts, instead of program.
Section C, Item 2, subsection e, added described in set-aside contracts for the services mentioned. . Section C, Item 2, subsection i, clarified that the Commission is responsible for putting the annual report together, but CNA(s) are responsible for submitting content for this report. Doyle Dobbins suggests that subsections j and k are combined. Dean Stotler suggested adding, the CNA is responsible for invoices/purchase orders for those set-aside contracts unless it is administered by the CNA to a qualified CRP. Then the CRP could handle this if they are capable.
Michele Mirabella asked the question if a CRP has an issue or is unhappy with the CNA it is under, which is appointed by the Commission, would the CRP present the issue to the Commission at the semi-annual review? Is aCRP able to leave and join another CNA with their contract, or do they not have recourse? She wondered what the appropriate steps are for the CRP to bring it up concerns with CNA.Dean Stotler answered her and responded by directing attention to Item 5 of the Regulations;“CNAs may not require CRPs to pay membership dues in order for CRPs to be assigned a subcontract under the set aside held by the CNAs”. Item 6, “CRPs may receive set aside contract(s) directly from the Commission and State, if their personnel can fulfill the duties normally expected of a CNA”, as described in Section C, Item 2 of these regulations. Chuck Wagner also responded that if a CRP is having issues they should not have to wait until semi-annual review. It should be brought to the Commission at a monthly meeting. Mary Page Bailey agreed and commented that it also needs to be posted on the agenda to give all parties involved the opportunity to present their side. Dean Stotler commented that contractually it is not up to the Commission to mediate disputes between CNA(s) and CRP(s). However, the CRP has the opportunity to compete over a contract if they meet all the requirements as stated in Item 6 of the Regulations. Michele Mirabella reiterated, if a CRP felt that they were not getting the proper support from a CNA then it would be up to the CRP to show the facts based on why they should be able to provide the services at a posted meeting. Then the Commission would have to review and make a decision based off of the facts whose better qualified to provide that service. Doyle Dobbins referred back to the Regulations, Item G that seems to point this out. However, it should be addressed a little bit further on what steps should be taken for evaluating each provider even though it is based on criteria delineated in section “D”.
Doyle Dobbins stated the meeting had run15 minutes over, but the Regulations are coming along well. Amber Mangini entered and will begin recording the full Commission meeting. Lady Chair, Debra Harrington, asked that Doyle Dobbins conduct the full Commission meeting as she is unable to make the meeting. Doyle Dobbins agreed to conduct, and asked for roll call.
Subcommittee meeting was adjourned.
Respectfully Submitted by,
Ava Briggs
This meeting has been recorded.