HomeMy WebLinkAboutHuman Rights and Diversity - 12/04/2014 APPROVED MINUTES
EDEN PRAIRIE HUMAN RIGHTS AND DIVERSITY COMMISSION
THURSDAY, DECEMBER 4, 2014 7:00 P.M., 125 EDEN PRAIRIE CENTER
Office of Housing and Human Services
COMMISSION MEMBERS: Sandra Filardo (Chair), PG Narayanan (Vice Chair),
Tonja Bivins, Jenny Buckland, Sana Elassar,
Connie Iacovelli
STAFF: Patricia Fenrick, Staff
Molly Koivumaki; Mgr. —Housing/Comm. Services
Heidi Wojahn, Recording Secretary
STUDENT REPRESENTATIVES: Emily Higgins, Karena Lin, Elizabeth Corpuz,
Tanvi Mehta, Shreya Venkatesh
I. CALL TO ORDER/ROLL CALL
Vice Chair Narayanan called the meeting to order at 7:00 p.m. Commissioner Filardo and
Student Representatives Higgins, Lin, and Venkatesh were absent.
II. APPROVAL OF AGENDA
MOTION: Buckland moved, seconded by Elassar, to approve the agenda. Motion
carried 5-0.
III. MINUTES
MOTION: Iacovelli moved, seconded by Elassar, to approve the November 13, 2014
minutes. Motion carried 4-0-1 with Bivins abstaining.
IV. SPECIAL GUEST—KEN RODGERS, MN DEPT. OF TRANSPORTION
Elassar introduced Ken Rodgers, fellow member of the Minnesota Association of
Professional Employees Diversity Committee. Rodgers explained the story behind his
sight loss and his subsequent struggles in gathering information about available services
and learning to live with his disability. He discovered early on he needed a better
knowledge of how to effect change and thus studied disability policy. Throughout the
process, he became well-versed in disability and is now working as Disability Programs
Coordinator for the Minnesota Department of Transportation (MnDOT).
Rodgers reviewed the history and purpose of disability-related legislation including the
Americans with Disabilities Act(ADA) which was passed in 1990 and its precursor, the
Rehab Act of 1973. At its inception, the ADA was geared more towards individuals with
severe disabilities or"functional limitations". The definition was unclear and those trying
HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES
December 4, 2014
Page 2
to invoke their rights were met with resistance from their employers. The courts got
involved and in the process, the criteria eroded to the point of being almost impossible to
meet. Congress subsequently passed the ADA Amendments Act which redefined what a
disability is and removed courts from the having to make that determination.
Narayanan asked about disability statistics. Rodgers said it is believed about twenty
percent of the Minnesota population, on average, is disabled. With the population aging,
that number is expected to increase.
Rodgers spoke about the Olmstead case in Georgia. A Supreme Court decree stemming
from that declared services must be provided for individuals with developmental
disabilities in the least restrictive setting in every instance. Ten years ago, each state was
ordered to create an Olmstead Plan on how they would implement this moving forward,
but there are still several states without plans.
A similar situation to the Olmstead Case developed at the Minnesota Extended Treatment
facility in St. Peter, MN several years ago and resulted in a lawsuit being filed against the
Minnesota Department of Human Services (MDHS). The facility was closed. MDHS was
found to be in default in many areas and was fined heftily and assigned a court monitor to
ensure ordered corrections and changes to the program were implemented. Governor
Dayton subsequently formed an upper-level executive branch cabinet consisting of
commissioners from ten of the top state agencies and required them to develop an
Olmstead Plan for Minnesota. The court monitor oversees the development of the plan.
Last year, legislators created a new state agency specifically to implement the plan.
Because the percentage of disabled individuals hired into state government was not
reflective of the community, Governor Dayton signed executive order 14-14, which says
the State of Minnesota must become the model employer for individuals with disabilities.
In his order he cited a significant decrease in the percentage of state employees with
disabilities over a 14-year period. Meanwhile the unemployment rate for this population
skyrocketed.
Rodgers further explained details of the six titles which make up the ADA. Airport
terminals have dual liability in that they fall under the Federal Aviation Agency as well
as the ADA, but terminal kiosks and automated teller machines are not currently
accessible for all disabled individuals. There are problems with St. Paul sidewalks, as
well, that should have been assessed and brought up to code during recent street projects
but were not. As a result, the City of St. Paul was sued. Elassar asked where the
disconnect is. Rodgers said disability advisory committees are being sought less and less
because these procedures are now required by law and it is assumed they will be done
accordingly. In addition, city attorneys are providing legal counsel in areas where they
have limited knowledge and experience.
Nayaranan asked if accidents are tracked. Rodgers said MnDOT tracks accidents
involving cars but those statistics are not necessarily connected to the ADA or a disability
component.
HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES
December 4, 2014
Page 3
Narayanan asked Rodgers to explain how he navigates the computer. Rodgers described a
screen reader program he uses and said most things are fairly accessible today.
Technology fixes are being developed to address non-accessible images such as PDFs.
Buckland asked about the status of company compliance. Rodgers said brand new
software has the capability of creating a searchable text-based PDF. The 2010 State
Accessibility Law of Minnesota 2010 says the State, as an agency, must provide
accessible documents internally and externally and spells out protocol for doing so. This
includes websites. Web Content Accessibility Guidelines 2.0 (WCAG) are standards
created by the World Wide Web consortium which oversees the intemet and accessibility
to it. If a document is developed or code for a website is written using these standards,
then any screen reader can access it.
Koivumaki asked how we would know if the City of Eden Prairie's website is compliant.
Rodgers said we most likely would not know unless a complaint is filed. The first
indicator is if the City's home page doesn't contain a disability policy link or tab. In
addition, screen readers have accessibility guidelines built in so the user knows right
away if a website is designed with him/her in mind. He delineated the tedium of problems
encountered if a website has not been developed using WCAG. Websites created without
WCAG do exist, including those of state agencies and public entities.
Rodgers relayed the challenges he has encountered with the light rail system, in particular
the Nicollet Mall Station. Despite having served on a citizen advisory committee for five
years prior to the environmental impact statement and being assured accessibility all
along the way, there are issues with some of the stops. While all platforms are accessible,
there are three different configurations in terms of where stations are located on the
street. When he exits the train at Nicollet, there is an intersection and tracks on either side
of him but no indicators as to where he needs to stop. There are no pedestrian signals or
truncated domes. They are not required there because it is not at a corner. It is extremely
dangerous because he has to rely on his hearing to know when it is safe while contending
with a great deal of downtown traffic and noise. He urged commissioners to learn from
these mistakes so they are not repeated at the stops along the new line.
Narayanan asked who the responsible parties are. Koivumaki said the County provides
the design. Rodgers said it is overseen by MnDOT. Funds are funneled to the MET
Council which has ultimate responsibility but it, in turn,has agreements with cities all
along the line. The MET Council has a transportation accessibility advisory committee
made up of appointed members. Eden Prairie residents will have an opportunity to
provide input at public meetings pertaining primarily to cosmetic issues. People need to
be there,however, to raise critical safety concerns.
Elassar asked how Rodgers' companion dog, Yuri, handles the different configurations.
Rodgers said there is a common misconception that guide dogs know when the light
changes and it is safe to cross the street. It is up to Rodgers to know and to direct the dog
what to do. Guide dogs do employ an element of judgment in some situations,however.
Rodgers said there are additional safety issues during winter. When it is snowing, sounds
are muffled and it makes it much harder to gauge traffic flow. Cities clear the sidewalks
and then snowplows dump snow at the ends of sidewalks so they are difficult to
HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES
December 4, 2014
Page 4
maneuver. Ultimately it is city responsibility to clear those areas. He has had traffic
engineers try to navigate walkways under blindfold in the past to help bring them to a
deeper level of understanding about the nuances of accessibility. He would like to do the
same for the head instruction engineer of the light rail with the assistance of a certified
Orientation and Mobility Instructor. He firmly believes people don't build out of
insensitivity,but rather out of unawareness.
The commissioners thanked Rodgers for his enlightening presentation. Rodgers
encouraged them to forward any further questions and to stay in touch about the light rail.
V. STUDENT REPORTS
None.
VI. REPORTS OF STAFF —Fenrick
A. BIAS CRIME
Although it does not meet the criteria of a bias crime, the victim in a recent
incident has indicated possible interest in talking to the commission about the
experience.
B. COMMUNITY ADVISORY COMMITTEE
Elassar has agreed to serve as a representative on the Community Advisory
Committee for the future light rail line between Minneapolis and Eden Prairie.
Both cities have human rights and diversity committees,but none of the other
cities along the proposed line do.
C. CRIME-FREE LEGISLATION
Fenrick has periodic meetings with property managers of high density housing
complexes. The police department is offering crime-free housing initiative
training. The Housing office is participating to make sure crime-free legislation is
done in a way to be helpful and not create a greater bias.
D. CULTURAL SERVICES UNIT
The Cultural Services Unit(CSU) is a partnership between ECHO, an ethnic-
based media non-profit, and Hennepin County to train community members to
become on-call medical corps volunteers who are then called to help in
emergency situations in Hennepin County. The local Community Emergency
Response Team(CERT) along with ECHO and the County will be doing cultural-
specific training for our emergency responders as well as offering additional
training for those who are multi-lingual and have a knowledge of culture. They
are looking to recruit 20-25 people; no medical background needed. Specific
groups will be targeted based on Eden Prairie demographics.
HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES
December 4, 2014
Page 5
Elassar said training is a significant time commitment. Once deployed,
participants are covered under the medical volunteer statute. Fenrick noted CSU
members' commitments are to the City; but as part of the Medical Reserve Corps,
they have the option to volunteer throughout the County as well. Elassar said she
will forward a document containing a synopsis of the program to the other
commissioners. Active recruitment will be necessary. Fenrick said she is working
on developing information online. Buckland stated developing one-on-one
relationships will likely be the most effective means of recruitment.
E. BEST BUY GRANT
$5.10 remaining.
VII. NEW BUSINESS
A. YOUTH ONE VOICE - December
Mehta reported the first session of the Youth One Voice event yielded low
attendance not conducive to discussion. Since there are many school clubs with a
connection to human rights, one idea is to address those groups when they meet
during zero hour and either hold discussion at that time or encourage them to
attend the upcoming sessions. Corpuz said there was not adequate time and
information in terms of advertising. Flyers would have been more effective means
of getting the word out. It was also not listed in the CORE block offerings.
Buckland said students should have a week's notice prior to the event. Fenrick
said she is unable to attend next week's session but she will check in via email.
Iacovelli volunteered to go in her place.
VIII. OLD BUSINESS
A. 2015 WORK PLAN
Fenrick reviewed a rough draft of the 2015 work plan noting most dates are
flexible. There will be at least one open commissioner seat. Commissioners are
encouraged to recruit candidates as well as submit nominations for the Human
Rights Awards. Applications for the four award categories are due mid-March.
Fenrick will be connecting soon with Hennepin Technical College regarding a
Martin Luther King Day event and will report back. January is also the time to
start planning the "Tracks in the Snow" exhibit. The city manager has suggested
partnering with Parks and Rec and the Art Center to increase exposure and access.
Fenrick will also initiate conversations with Parks and Rec about a booth for 4th of
July. Bivins asked if video vignettes accompany the exhibit artwork. Elassar said
there were none,but it would improve accessibility for the visually impaired. She
will pursue this idea with the organization behind the exhibit.
HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES
December 4, 2014
Page 6
Fenrick said planning will begin in early 2015 for the May 21st International
Town Hall. A more interactive format will be considered, as the previous format
did not foster much dialogue. Buckland suggested scheduling a Dakota 38
planning meeting for late January, as well. Fenrick said she will work on this
before the end of the year.
Fenrick solicited feedback about planning for the cooking conversations.
Buckland suggested holding off on running a pilot until April due to the number
of other things already planned for first quarter and then scheduling a second class
for fall.
Bivins said she is would like to sponsor a viewing in connection with HRDC of a
documentary to be released in early 2015 by therepresentationproject.org. She is
willing to pay the license fee. It is ok to charge an admission fee,but she wants to
make sure it is accessible to everyone.
Fenrick recommended letting the December Youth One Voice conversations
shape where we go with the One Voice event tentatively scheduled for spring.
Fenrick requested the commission members' presence at the May Council
workshop. Our charter says the commission's role is to act in an advisory capacity
to Council. She sees this as an opportunity to be more involved at a deeper level
in terms of our mission and to make recommendations for our city based on
information we have gathered and what we have learned. Narayanan suggested
tracking this in a document. Fenrick said she is considering presenting an
overview of the year in a strengths/weaknesses/opportunities/threats framework.
Fenrick said Filardo has indicated she would like us to do more for GLBT
awareness month in June. Fenrick will continue to be involved with GLBT
training and we can build on that. We will also be planning something for Unity
Day in October again. Commissioners should contact her with additional work
plan ideas.
IX. FUTURE MEETINGS/EVENTS
The next HRDC meeting is scheduled for Thursday, January 8, 2015, 7 p.m. at Eden
Prairie Center, Room 125.
January 20, 2015 - work plan presentation at Council workshop.
X. ADJOURNMENT
MOTION: Elassar moved, seconded by Iacovelli, to adjourn. Motion carried 5-0. Vice
Chair Narayanan adjourned the meeting at 9:02 p.m.