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HomeMy WebLinkAbout01-22-2015 Senior Center CommissionThe Center IOWA CITY/JOHNSON COUNTY SENIOR CENTER Regular Meeting of the Senior Center Commission Thursday January 22, 2015 3:30 p.m. — 5 p.m. Room 205 Agenda Time 3:30 — 3:40 p.m. 1. Introductions—Honohan 2. Minutes (November 20, 2014) 3. Public Discussion of Items not on the Agenda 4. Commission Assignments—Honohan ✓ Commission Visits Board of Supervisors—???? Call in advance to be placed on the agenda and to check for time changes 1. Thursday January 29 and February 5 at 9 a.m. City Council—???? All meeting dates are tentative and should be checked prior to attending 1. Tuesday February 3 and 17 at 7 p.m. --???? 3:40 —4:10 p.m. S. Follow Up Discussion to Changes in the Relationship Between the New Horizons Band and The Center—Kopping 4:10 — 4:25 p.m. 6. Board of Supervisors Report-Kopping 4:25 —4:40 p.m. 7. FY16 Budget Report - Kopping 8. Report on Ad Hoc Committee - Honohan 4:40-4:50 p.m. 9. Operational Overview—Kopping • Nutrition Program • Staff Reports 4:50 — 5 p.m. 10. Commission Discussion—Honohan Meeting Packets: 1. Agenda January 22, 2014 2. Minutes from Thursday, November 20, 2014 3. NHB Letter from City Attorney 4. Staff Reports Preliminary Minutes November 20, 2014 MINUTES SENIOR CENTER COMMISSION November 20, 2014 ROOM 209, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Jay Honohan, Chuck Felling, Kathy Mitchell, Jack Hobbs, Mark Holbrook, Margaret Reese, Rose Hanson Members Absent: Staff Present: Linda Kopping, Kristin Kromray, Michelle Buhman, Craig Buhman Others Present: Alice Atkinson, Glorine Berry, Janette Carter, Cheryll Clamon, Linda Fisher, Jan Hanson, Jean Hill , Martha Lubaroff, Jerry Musser, Janet Rawley RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order by Honohan at 4:00 PM. APPROVAL OF MINUTES FROM July 17, 2014 MEETING: Motion: To correct all mention of New Horizon's Band Steering Council to New Horizons Band Steering Committee in the July 17, 2014 minutes. Motion carried on a vote of 7/0. Mitchell/Hobbs Motion: To accept the minutes from the July 17, 2014 meeting as amended. Motion carried on a vote of 7/0. Reese/Mitchell PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Kopping will attend the December 4 Board of Supervisors meeting. Honohan will attend a City Council meeting. 1 Preliminary Minutes November 20, 2014 DISCUSSION AND CONSIDERATION OF REQUESTS RELATED TO THE CHANGES IN THE RELATIONSHIP BETWEEN THE NEW HORIZONS BAND AND THE CENTER: Honohan began the discussion by stating that he and other commissioners recognize that the New Horizons Band (NHB) is a valuable asset to the Senior Center and he has personally enjoyed many of the band's concerts. He said he would like to come to an agreement about the relationship between The Center and The NHB that is amenable to both parties. Honohan related that the Senior Center Commission is an advisory board that works with staff and reports to the City Council. Jean Hill explained that the band has ties to the Senior Center and the University of Iowa. While she appreciates all that the Senior Center does for the band they do not want to see any break in the ties with the University. The band feels as if they are being put into a one size fits all approach that does not take into account the size and importance of the NHB. The band presented a relationship option, which was attached in the commission packet entitled "performance group modification". Hill explained that the band director, Erin Wehr, is a professor at the University of Iowa. Due to a decision made by the City of Iowa City's human resources and legal departments Wehr can no longer be paid a stipend as the band director. To comply with City employment policy Wehr must become an employee of the City or an independent contractor. Neither one of these options is tenable. Wehr was told by the University of Iowa that she cannot become an independent contractor. Another option would be for the NHB to become the independent contractor, but the band is not a legal entity and could not sign an independent contractor agreement. Hill further explained that the Friends of Iowa City New Horizons Band (ICNHB) is a legal entity and could become an independent contractor. Hill indicated that there are misconceptions about the Friends of the ICNHB that she would like to clear up. The Friends of the ICNHB was not started by the NHB steering committee or the band as a whole. It was formed by two band members and five community members who have an interest in community music. Hill stated that the band believes that the Senior Center should agree to the performance group modification agreement because the band is a unique organization at the Senior Center due to its size, history and the amount of outreach they do in the community. Honohan asked for more specifics on what they were asking for. Hill highlighted what the NHB performance group modification document outlined including the following: 2 Preliminary Minutes November 20, 2014 - The NHB would continue to be a performance group at the Senior Center in partnership with the Center and the University of Iowa -Senior Center membership would be required -The Senior Center would make available space for the NHB and all of its small groups -Senior Center would sponsor concerts -The current music and equipment would remain City owned and insured by the City -Promotion of the NHB in the program guide -The band instructors (University of Iowa students) would no longer be employed by the City -All financial services would be the responsibility of the NHB steering committee or designee -The balance that is left in the city managed NHB account at the end of December would be deposited into a University of Iowa account -Future music and equipment would be the owned by the NHB and not stored at the Senior Center -NHB members would be covered by the City's liability insurance as members of the Senior Center -Photocopying charges would be determined at a future time. Kopping related that there are two options for most groups at the Senior Center. They are either a Senior Center group with all funds generated by the group coming back to the Senior Center to support the group's operation, or an independent contractor directs the class and remits 25% of their gross instructional revenue to the Senior Center for the costs associated with having the program at the Senior Center. Kopping noted that in the hybrid that the NHB is proposing the NHB would be collecting fees to support the NHB, but that none of that money would come back to the Senior Center to provide cost recovery for the use of space and city owned equipment by the NHB. Kopping continued by noting that the Senior Center has many programming ties to the University and while she does not wish to compromise the tie with the University for the NHB, this particular relationship is not a unique situation within the Senior Center. For these reasons she could not recommend the option put forth by the NHB for these reasons. Hill inquired what changes she would like to see made. Kopping said that she would like to see the independent contractor agreement in place with the 25% of instructional revenue coming back to the Senior Center. The NHB currently pays the band director and student instructors a total of $9000 per year. Twenty five percent of $9000 is $2250, which would be approximately $40 per band member per year. Hill inquired about the issue of having the Friends of the ICNHB be the independent contractor. Kopping replied that Assistant City Attorney Eric Goers 3 Preliminary Minutes November 20, 2014 wanted to see a very clear line of separation between the ICNHB and the city. It needs to be very clear that any future liability does not fall to the city for the actions of the student instructors, band director, or independent contractor. Kopping noted that she could not say with 100% accuracy what the City Attorney's office would say about the Friends of ICNHB serving as the Independent Contractor and she would need to check with Goers for accurate information. Honohan asked for clarification on what legal status the Friends of the ICNHB had. Musser answered that they are a nonprofit 501c3 organization. Jannette Hanson expressed that the situation comes down to paying Wehr and the student band instructors since Wehr is unable to become a city employee or an independent contractor. Mitchell inquired what the University of Iowa's objection was to Wehr becoming an employee or an independent contractor. Hill stated that they had concern over a conflict of interest because the students are being paid and she would be their boss and instructor. Felling wanted to know what the situation was with the previous director. Buhman answered that Don Coffman, the previous NHB director, had a very informal arrangement. He was not a city employee and did not receive a stipend. He would occasionally turn in receipts for reimbursement for items related to band instruction and he would be reimbursed. Accounting actually had started to question some of these reimbursements and Kopping and Buhman had planned to approach Coffman about needing another way to handle this when he found a position at another university and moved. When the NHB steering committee was formed we began to pay the band director a stipend through accounts payable. Earlier this year, the NHB steering committee asked Buhman and Kopping to approach human resources to see if the student band instructors could be paid stipends through accounts payable as well, (currently students are part-time temporary city employees). This inquiry raised a red flag for the Director of Human Resources who said that paying Wehr in this manner put the city at risk for liability. Honohan asked what the difference was between this situation and the Voices of Experience. Buhman noted that Mary Cohan, who is a professor at the University of Iowa, has an agreement with the Senior Center and she identifies a director of VOE. In the past the VOE director, who is a University of Iowa music student has been paid a stipend as well. When this situation came to light the VOE director was asked to become a City of Iowa City employee and she has done so. Honohan asked about the carry over balance. Hill responded that the NHB has a city managed account and they would like to take the balance remaining at the end of the year and put it into a University of Iowa account. Holbrook asked if they had already set up this account. Hill said that they had not. Musser stated that fees had been collected for the fall session of band, but that the student 4 Preliminary Minutes November 20, 2014 instructors had not been paid yet. He noted that they were concerned about donations that were given to the band in memory of a past band member. In particular they felt that this money was not City money and should be given to the band. Kopping clarified that this money is City property but it is earmarked, for band use. Holbrook noted that if they move, or put money into a University account that he suspects that it will be a similar situation, while it might be earmarked for the NHB that it might be considered the University's money. Rose Hanson left the meeting. Kopping noted that Goers was planning on sending a letter to members of the band on December 15th explaining that the NHB is now a separate entity from the City of Iowa City. Holbrook inquired about moving the next commission meeting up a week to December 11th to be before the 15th to try and find a solution that will work for all parties involved. REVIEW AND DISCUSSION OF DRAFT ALCOHOL POLICY: Honohan, Felling and Reese agreed to be on the subcommittee that will meet with Eric Goers to assess the proposed alcohol policy. REPORT ON AD HOC SENIOR SERVICES COMMITTEE: Honohan reported that the final Ad Hoc Committee meeting will be held on Monday November 24th. They will be voting on the finalization of their report. OPERATIONAL OVERVIEW Craig Buhman reported that Elder Services will begin serving meals only Monday- Fridays at this congregate meal site. He also said he had met with Geoff Fruin and Kopping to look at the possibility of renting the space commercially. With the kitchen being in its current shape and the limitations that would be placed on a commercial space due to the nutrition program, he believes it would be difficult to rent it. Buhman also reported that it is difficult to know who is charge in the kitchen and that it is difficult to convey information about things that need to be addressed. For example he said that a recycling key was given to the employee and that it is not being utilized. Mitchell mentioned that at the combined Voices of Experience and Reading Aloud event at the library had 97 people attend on Veterans Day. Felling noted that his was impressed with the Milken report. 5 Preliminary Minutes November 20, 2014 COMMISSION DISCUSSION ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 6/0. Holbrook, Mitchell Preliminary Minutes November 20, 2014 Senior Center Commission Attendance Record Year2014 Name Term Expires 12/19 1/16 1/30 2/6 2/20 3/3 3/20 5/15 6/19 7/17 10/23 11/20 Chuck Felling 12/31/15 X X X X X X X X X X X X Rose Hanson 12/31/14 X O/E X X X X X X X X X X Jack Hobbs 12/31/16 X X X O/E X X X X X X X Mark Holbrook 12/31/14 X X X X X O/E X X X X X X Jay Honohan 12/31/16 X X X X X X X X X X X X Kathy Mitchell 12/31/15 X X X X X X X X X X X X Margaret Reese 12/31/15 X X X O/E X X X X O/E X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting -- = Not a member December 19, 2014 Re: Iowa City New Horizons Band Dear Iowa City New Horizons Band Member: r � CITY OF IOWA CITY City Attorney's Orrice 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org The Steering Committee of the Iowa City New Horizons Band (ICNHB) has decided to change the ICNHB's relationship with The Center. In the past The Center has managed the ICNHB's finances and had informal agreements with the band director for services provided. Student instructors were City of Iowa City employees and paid for their work by the City. More recently, the Director began to receive a fee for services provided. As of December 31, 2014, the ICNHB will be terminating this relationship and operating independently from The Center. We are informed The ICNHB will be using a 501(c)(3) organization to manage all financial matters, as well as all directing and instructional contracts. I am writing to notify all band members that as a result of this decision, the ICNHB director will no longer be a City contractor, and the student instructors will no longer be City employees. Consequently, the City no longer has any control over the ICNHB's director or instructors, and the City cannot take responsibility for their actions, or be liable for their acts or omissions. The City wishes the band well in all their future endeavors. Sincerely, Eric R. Goers Assistant City Attorney O1/21/2015 11:49 (CITY OF IOWA CITY IP 1 KKromray YEAR TO DATE REPORT glytdbud FOR 2015 99 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 10570100 Senior Center Administrations APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 336110 Johnson County -70,000 0 -70,000 -29,612.00 .00 -40,388.00 42.3% 346400 Lessons -4,680 0 -4,680 -442.00 .00 -4,238.00 9.4% 346600 Membership Fees -50,000 0 -50,000 -31,345.00 .00 -18,655.00 62.7% 348900 Charges for Services 0 0 0 -84.50 .00 84.50 100.0% 356200 Permit Parking -17,050 0 -17,050 -16,320.00 .00 -730.00 95.7% 362100 Contrib & Donations -51,000 0 -51,000 -10,834.94 .00 -40,165.06 21.2% 363910 Misc Sale of Merchandise -7,736 0 -7,736 -3,828.62 .00 -3,907.21 49.5% 369100 Reimb of Expenses 0 0 0 -1,716.75 .00 1,716.75 100.0% 382200 Building/Room Rental -400 0 -400 -320.00 .00 -80.00 80.0% 382400 Locker Rentals -1,224 0 -1,224 -752.00 .00 -472.25 61.4% 384200 Vending Machine Commission -322 0 -322 -203.50 .00 -118.09 63.3% TOTAL Senior Center Administrations -202,412 0 -202,412 -95,459.31 .00 -106,952.36 47.2% TOTAL REVENUES -202,412 0 -202,412 -95,459.31 .00 -106,952.36 Senior Center Membership as of 1-21-15 = 1652