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Human 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.