HomeMy WebLinkAbout02-19-2015 Senior Center CommissionThe
Center
IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Agenda
Thursday February 19, 2015
4 p.m. — 5:30 p.m.
Room 202
Time
4-4:15 p.m.
1.
Introductions—Honohan
2.
Minutes (January 22, 2015 and February 13, 2015)
3.
Public Discussion
4.
Commission Assignments—Honohan
✓ Commission Visits
Board of Supervisors—????
Call in advance to be placed on the agenda
1. Thursday February 26, March Sand 19 at 9 a.m.
City Council—????
All meeting dates are tentative and should be checked prior to attending
1. Monday, February 23 and March 9 at 7 p.m.--????
4:15 —4:20 p.m.
S.
Steering Council Report —Mitchell
4:20-4:50 p.m.
6.
New Horizons Band Update—Honohan
4:50 — 4:55 p.m.
7.
Status of Senior Center Alcohol Policy—Honohan
4:55 — 5:15 p.m.
8.
Operational Overview—Kopping
✓ Action on Ad Hoc Committee Recommendations
✓ Staff Reports
5:15 — 5:30 p.m.
9.
Commission Discussion—Honohan
✓ Election of Officers 2015
✓ Board of Supervisors Report
✓ City Council Report
Meeting Packets:
1. Agenda: Thursday, February 19, 2015 3. Staff Reports
2. Minutes: Senior Center Commission,
Thursday, January 22, 2015;
Special Meeting of the Senior Center
Commission, Friends of the Iowa City New
Horizons Band, and Senior Center Steering
Council, Friday, February 13, 2015
Preliminary Minutes
January 22, 2014
MINUTES
SENIOR CENTER COMMISSION
January 22, 2015
ROOM 209, IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Members Present: Jay Honohan, Chuck Felling, Kathy Mitchell, Mark Holbrook,
Margaret Reese, Cheryl Clamon
JdMi1T:mvilI> iiii rm11:677:n
Staff Present: Linda Kopping, Kristin Kromray, Michelle Buhman
Others Present:
RECOMMENDATIONS TO COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Honohan at 4:00 PM.
APPROVAL OF MINUTES FROM NOVEMBER 20, 2014 MEETING:
Motion: To accept the minutes from the November 20, 2014 meeting as
amended. Motion carried on a vote of 5/0. Reese/Mitchell
PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA:
None.
COMMISSION ASSIGNMENTS:
Honohan will attend a February City Council meeting.
FOLLOW UP DISCUSSION TO CHANGES IN THE RELATIONSHIP
BETWEEN THE NEW HORIZONS BAND AND THE CENTER:
Kopping reported that it was acceptable for The Friends of the Iowa City New
Horizons Band (FNHB) to become the independent contractor for the NHB and
enter into an agreement with the Senior Center. Kopping further explained that
1
Preliminary Minutes
January 22, 2014
the Senior Center does work with other non-profit organizations and that the
Senior Center does not charge them a fee for using space.
Kopping distributed two different Independent Contractor Agreements (attached).
The first is the independent contractor agreement that the Senior Center uses for
all other independent contractors. A member of the Board of FNHB had taken
the standard form and crossed out segments of the agreement that members of
the board felt did not apply to them as independent contractors. The document
was signed by Suzanne Smith, president of the NHB, and sent to The Center.
Kopping sent it to the city attorney's office for review.
Goes felt that the FNHB agreement needed further modifications to clarify the
separation between the Senior Center and the NHB and strengthen language
limiting City liability. Kopping wanted to include language that would clearly
define several aspects of the new relationship to avoid ongoing debates.
The second Independent Contractor Agreement distributed is the one that was
produced by the City. This agreement indicates that the City owns all music and
equipment purchased with city funds or donated to the band since its inception in
1995. It also includes information about copying charges and how they would be
paid, and the proposed music and equipment check out system. The second
independent contractor agreement was forwarded to the Friends of the NHB.
Chuck Felling arrived at meeting.
In response Jean Hill, chair of the NHB steering committee, sent an email
expressing dissatisfaction with the City's proposed Independent Contractor
agreement. She contested claims of ownership and stated that the City's attempt
to control these items has created a hostile environment for band members and
the director. She recommended that the original Independent Contractor
Agreement produced by FNHB be signed.
Subsequently Kopping met with Goers and Assistant City Manager, Geoff Fruin
about this situation. At this point, she is looking for guidance from the
Commission
In response to a question, Kopping reported that in the past she has been told by
the legal department that all music and equipment purchased with city funds or
brought in for the band are city property.
Following lengthy discussion the Commission made the following
recommendations: Also the balance would be returned to the NHB. They would
need to agree to prepay for copies for a set period of time. Items that are not City
property would either need to be removed from the Senior Center. For any items
that the band wishes to remain on site they would need to provide proof of
insurance.
1. Give the balance remaining in the NHB account to FNHB.
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Preliminary Minutes
January 22, 2014
2. Pay $0.07/copy. Set-up a system that is paid in advanced and reconciled every
6 months.
3. Any items —music or equipment —owned by the NHB that is left on site needs to
have proof of insurance or it will not be insured.
4. Going forward with the Independent Contractor agreement that was produced by
FNHB with the stipulation that this needs to be modified with attachments
outlining ownership of music and equipment, copying, use of equipment and
music, etc.
5. Return original compositions to composers.
6. Return UI equipment to university
Clamon expressed concern that the majority of the band still does not know or
understand the current situation. Felling agreed and suggested a general
meeting for the band who are interested in the situation and see what they would
like to see done. Felling also expressed concern that we have never met the
president of the Friends of the NHB, or many of its members. He suggested that
any meeting that is arranged should be with their availability.
Holbrook left the meeting.
BOARD OF SUPERVISORS REPORT:
Kopping reported that her report to the Board of Supervisors went very well.
FY16 BUDGET REPORT:
Kopping reported that she presented the FY16 budget proposal to the City
Council. She said she highlighted the increasing membership. She also talked
about the challenges that the Senior Center had in FY14. In FY16 the focus will
be on lessening the reliance on the general funds and diversifying funding. She
discussed that she is considering hiring a fundraising consultant to plan, train and
implement a fundraising campaign. Kopping indicated that the report was well
received.
REPORT OF AD HOC COMMITTEE
Honohan reported that the City Council's reaction the Ad Hoc Committee report
was favorable to the Senior Center.
OPERATIONAL OVERVIEW:
Kopping reported that the garbage disposal in the kitchen was not working
correctly. Craig Buhman is concerned that Elder Services staff and volunteers
are not properly trained on how to use this piece of equipment.
Preliminary Minutes
January 22, 2014
ADJOURNMENT:
Motion: To Adjourn. Motion carried on a vote of 6/0. Holbrook, Mitchell
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Preliminary Minutes
January 22, 2014
Senior Center Commission
Attendance Record
Year2015
Name
Term Expires
1/16
1/30
2/6
2/20
3/3
3/20
5/15
6/19
7/17
10/23
11/20
1/22/15
X
Chuck Felling
12/31/15
X
X
X
X
X
X
X
X
X
X
X
Rose Hanson
12/31/14
O/E
X
X
X
X
X
X
X
X
X
X
O/E
Jack Hobbs
12/31/16
X
X
X
O/E
X
X
X
X
X
X
X
X
Mark Holbrook
12/31/14
X
X
X
X
O/E
X
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
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
IOWA CITY/JOHNSON COUNTY SENIOR CENTER.
Independent Contractor Space and Equipment Agreement
This agreement is made and entered Into between the Iowa City/Johnson County Senior Center
(hereafter the "Center"), and fiends of Iowa City New -Horizons Band Inc 501(C)f3) nonprofit
(hereinafter the "Instructor") in Iowa City, Iowa.
The parties agree as follows:
1. The Center shall provide the Instructor with rooms for the purpose of teaching the class identified in
paragraph six (6). The Center will also provide the instructional equipment Identified in paragraph six (6)
for each class session.
2. The Instructor of the class Identified in paragraph six (6) is not an employee of the Center, but an
independent contractor. He or she shall not be subject to direction by the Center in the conductor
management of the course. Furthermore, any assistants shall be employees or subcontractors of
Instructor, not employees or contractors of The Center,
3. The independent contractor will collect all. class participation fees f(om the participants. W
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4. Unless otherwise required by law, the Center does not Intend and shall have no obligation for the
Instructors federal and state Income employment taxes, and the Instructor retains all obligations and
liability relating to withholding said taxes and shall hold the Center harmless from any failure on the
Instructors part to meet his or her obligations to do so.
S. Participants will occasionally pay a material fee to fund items (e.g. copying costs) used during the
instruction of a class. When the Instructor provides materials and wishes to be reimbursed for the cost
of these materials, the participant shall pay the material fee directly to the instructor. When the Center
Is seeking reimbursement for material costs associated with a class, the fee is paid to the Center. In all
circumstances Involving material fees, the course description will Identify the material fee per
participant, note that this fee is In addition to the class fee, and Indicate the payee. The material fee, if
applicable, is identified in Paragraph 7 below.
6. Course Specifics:
Title: _-_ Iowa City New Horizons Band ensembles and concert band rehearsals
Scheduled Date(s) and Time(s): Every Tuesday and Thursday mornings from 8.15 AM to
10:30 AM beginning the week following Martin Luther King Day and extending through the
end of July. 7015,
Instructional Equipment Provided by the Center: All music and eauloment purchased from
the band account from 1995 through December 2014
Minimum Number of Enrollees Required Before Course Will Be Held: 10
Maximum Number of Enrollees Allowed: 80
Participant Class fees: (will be set and collected by the Instructor.)
8. The Center will facilitate promotion and enrollment in the class through all or some of the following:
local press releases, publication in the Center's newsletter and program guide, and slgnage in the public
areas of the building. The level of promotional support provided is dependent upon the timeliness of
class information provided by the Instructor. All promotional information must be approved by the
Center before being released or posted. , 5• S
9. While every effort will be made to provide continuity In class location, the Center does not guarantee
the same room will be available for all classes taught during the course.
10. In the event the Instructor is not able to teach a class, due to for example Illness, on any of the agreed
upon class dates and timas, the Instructor shall be solely responsible for notifying class participants and
rescheduling the class(es) with the Center at a mutually convenient date(s) and times(s).
11, The instructor shall supervise all courses participants and shall ensure that all participants in the course
at all times conduct themselves in a safe and proper manner, protecting other participants In the course
and the physical facilities of the Senior Center.
12. tttt a list 0 ay4f
class, Updated eNFOlIffient lists will be RMOIdAd as 1)h (Instructor will maintain a list of
registered course participants.)
13. Upon reasonable cause; either party may terminate this agreement effective Immediately upon the
giving of written notice. Reasonable cause shall Include but not be limited to:
a. Material violation of this agreeiftent;
b. Any act exposing the other'party to liability for personal injury or property damage;
c. Impossibility of performance; or
d. Total class enrollment Is less than the minimum number stipulated in Paragraph six (6) two (2)
business days prior to the first day of class.
14, The Instructor shall not deny services to any person on the basis of race, creed, color, sex, national
origin, religion, marital status, sexual orientation, gender identity, or disability.
15. This Agreement may not be assigned by the Instructor without prior written consent of the Center.
16. There are no oral agreements that have not been reduced to writing in this Instrument, and this writing
constitutes the entire agreement between the parties,
17. Instructor agrees to indemnify, defend and hold harmless the City, its officers, agents and employees
from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment
of reasonable attorney fees arising from occurrences or accidents within the Center from the
Instructor's use of the Center arising from this agreement, or which maybe caused In whole or In part
bVny act or omission of the Instructor including their agents or employees,
Soeciallst
12.--II-'IA)41
Date
Date
IOWA CITYIJOHNSON COUNTY SENIOR CENTER
Independent Contractor Space and Equipment Agreement
This agreement (hereinafter, "Agreement") is made and entered into between the Iowa
City/Johnson County Senior Center (hereafter the "Center"), and Friends of Iowa City New Horizons
Band, Inc. a 501(c)(3) nonprofit (hereinafter the "FNHB") in Iowa City, Iowa.
The parties agree as follows:
1. Term: The Term of this Agreement shall be for the calendar year 2015. This Agreement shall
automatically renew on an annual basis unless either party provides written notification to the other
party of termination. In order to be effective, said termination must be served no later than
December 151. Notice to the Center must be mailed to the Senior Center Coordinator. Notice to the
FNHB shall be mailed to
2. The Center shall provide the FNHB with space for the purpose of teaching the class identified in
paragraph 7. The Center will also provide the instructional equipment identified in paragraph 7 for
each class session.
3. The instructor(s) of the class identified in paragraph 7 is not an employee of the Center or the City
of Iowa City. He, she, or they shall not be subject to direction by the Center in the conduct or
management of the course. Furthermore, any assistants of the instructor(s) shall be employees or
subcontractors of the instructor(s) or the FNHB, not employees, contractors, or subcontractors of
the Center or the City of Iowa City. The FNHB, and not the Center or the City of Iowa City, will be
responsible for the actions or omissions of the instructor(s).
4. The instructor(s) will collect all class participation fees from the participants. The FNHB shall be
responsible for all financial affairs of the FNHB and this class, as well as providing compensation, if
any, to anyone providing instruction for FNHB. In no way shall the Center be responsible for the
financial affairs of either the FNHB or the instructor(s), or the direction of this class.
5. Unless otherwise required by law, the Center does not intend and shall have no obligation for the
instructor(s)' federal, state, or local income taxes, and the instructor(s) retains all obligations and
liability relating to withholding said taxes.
6. Independent Contractor Fee for Services: Copying costs at the Senior Center will be $0.07/each
one-sided copy and $0.14/ each two-sided copy. In January 2015, the balance from the City's
New Horizons Band Account will be transferred to the Senior Center operational budget.
However, the FNHB will be given a credit toward copying costs in the transferred amount until
September 14, 2015, after which the credit will expire. If the FNHB wishes to continue to have
copying privileges at the Center after September 14, 2015, the FNHB shall deposit an advance
with the Center in an amount needed to cover expected use over the course of the following six
(6) months. Expected use will be based on usage during the previous year and the copy rates to
be in effect during the following period. Said deposit is due within 30 days. At the end of each
six (6) month period, the deposit shall be reconciled against actual usage. If the deposit
exceeded actual usage, the difference will be refunded to the FNHB, or credited to the deposit for
the following six (6) months if the FNHB wishes to continue with copying privileges. If actual
usage exceeded the deposit, the FNHB will pay the Center the difference.
7. Course Specifics:
Title: Iowa City New Horizons Band ensembles and concert band rehearsals_.
Scheduled Date(s) and Time(s)• Every Tuesday and Thursday morning from 8:15 a.m. to 10:30
a.m. throughout the University of Iowa's academic year.
Instructional Equipment Provided by the Center: All music and equipment donated to or purchased
by the City of Iowa City for the New Horizons Band (hereinafter, "NHB") will be made available to
the FNHB for use in this class. All music and equipment donated to or purchased by the City of
Iowa City for the NHB shall be stored at the Senior Center. Access is limited to the instructor(s)
and the designated NHB librarians. All music must be signed out using the traditional system, as
set by the Center. Special permission from the Senior Center Coordinator or designee is required
to take musical equipment out of the Center. All said music and equipment shall remain the
property of the Center, and must be returned to the Center by December 15 each year . Any music
or equipment not returned, in as good or better condition save normal wear and tear, shall be
replaced by the FNHB at its cost.
The Center's music and equipment is available for use ONLY by the full FNHB and all ensembles
that meet and practice at the Senior Center: Jazzy Flutes and Friends, Old Post Office Brass,
Polka Dots, Post Horns, Tempered Brass, and Three for All. It is NOT available for use by any
other musical groups, even those affiliated with the NHB, that meet or practice in other locations,
absent express written permission from the Senior Center Coordinator or designee.
Furthermore, neither the FNHB, instructor(s), librarians, nor members shall have access to any
music purchased for use by any other current or future Senior Center band or chorus.
Minimum Number of Enrollees Required Before Course Will Be Held: 10
Maximum Number of Enrollees Allowed: 80
8. The Center will facilitate promotion and enrollment in the class through all or some of the following:
local press releases, publication in the Center's newsletter and program guide, and signage in
public areas of the building. The level of promotional support provided is dependent upon the
timeliness of class information provided by the Instructor. All promotional information must be
approved by the Center before being released or posted. The ICNHB agrees to perform a
minimum of two (2) full length concerts each year at the Senior Center; one holiday concert in
December and one celebrating Older American's Month in May.
9. While every effort will be made to provide continuity in class location, the Center does not
guarantee the same room will be available for all classes taught during the course.
10. In the event the instructor(s) are not able to teach a class (e.g. illness), on any of the agreed upon
class dates and times, the instructor(s) shall be solely responsible for notifying class participants
and rescheduling the class(es) with the Center at a mutually convenient date(s) and time(s).
11. The instructor(s) shall supervise all course participants and shall ensure that all participants in the
course conduct themselves in a safe and proper manner, and protect band participants and the
physical facilities, music, and instruments of the Center at all times.
12. Upon reasonable cause, either parry may terminate this agreement effective immediately upon the
giving of written notice. Reasonable cause shall include but not be limited to:
a. Material violation of this agreement;
b. Any act exposing the other party to liability for personal injury or property damage;
C. Impossibility of performance; or
d. Total class enrollment is less than the minimum number stipulated in Paragraph 7 two (2)
business days prior to the first day of class.
13. The instructor(s) shall not deny services to any person on the basis of race, creed, color, sex,
national origin, religion, marital status, sexual orientation, gender identity, or disability.
14. This Agreement may not be assigned by the FNHB without prior written consent of the Center.
15. There are no oral agreements that have not been reduced to writing in this instrument, and this
writing constitutes the entire agreement between the parties.
16. The FNHB agrees to indemnify, defend and hold harmless the City, its officers, agents and
employees from and against any and all claims, losses, liabilities or damages, of whatever nature,
including payment of reasonable attorney fees, arising from occurrences or accidents within the
Center, from the Instructors use of the Center arising from this agreement, or which may be caused
in whole or in part by any act or omission of the FNHB, including the FNHB's instructors,
employees, contractors or subcontractors, volunteers, officers, or agents.
President, The Friends of the Iowa City New Horizons Band Date
Senior Center Program Specialist Date
Preliminary Minutes
February 13, 2015
MINUTES
SPECIAL MEETING OF THE SENIOR CENTER COMMISSION WITH FRIENDS
OF THE IOWA CITY NEW HORIZONS BAND AND SENIOR CENTER
STEERING COUNCIL
February 13, 2015
Assembly Room, IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Members Present: Jay Honohan, Chuck Felling, Kathy Mitchell, Mark Holbrook,
Jack Hobbs
Members Absent: Margaret Reese
Staff Present: Linda Kopping, Kristin Kromray, Michelle Buhman, Eric
Goers
Others Present: Jean Hill, Steve West, Jim Hall, Gene Spazini, Lorraine
Dorfman, John Schmidt, Ed Rolenc, Lynne Cannon, Martha
Lubaroff, Erin Wehr, David Christ, Sheila Stevenson, Tom
Wehr, Janet Rawley
INTRODUCTION OF MEMBERS OF THE SENIOR CENTER COMMISSION,
FRIENDS OF THE IOWA CITY NEW HORIZON'S BAND, AND SENIOR
CENTER COUNCIL:
Honohan stated that this is a joint meeting between the Senior Center
Commission, Friends of the Iowa City New Horizon's Band and the Senior Center
Steering Council. He asked that all from these groups introduce themselves.
Commissioners: Jay Honohan, Chuck Felling, Kathy Mitchell, Mark Holbrook,
Jack Hobbs
Friends of the New Horizons Band: Jean Hill, Steve West, Jim Hall, Gene
Spaziani
Senior Center Steering Council: Kathy Mitchell, Lorraine Dorfman, John
Schmidt, Ed Rolenc, Lynne Cannon
PUBLIC DISCUSSION:
Honohan indicated that this would be a time for anyone to comment on items not
on the agenda. No comments.
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Preliminary Minutes
February 13, 2015
REPORT:
Honohan reported that he has been researching the history of the New Horizons
Band (NHB) by looking at old documents and speaking with people. He noted the
band was started by Don Coffman in 1995. Since that time the Senior Center has
never charged the NHB for use of space or any of the accounting and
administration of the program, because it was a Senior Center group. Anything
that was donated to the NHB while it was a Senior Center group became the
property of the City of Iowa City. He noted that there has been an ongoing
partnership between the NHB and the Senior Center as noted in the NHB
Bylaws. Honohan noted that the Senior Center does not want to get rid of the
NHB, but hopes to continue a long term partnership.
ITEMS FOR DISCUSSION:
INDEPENDENT CONTRACTOR AGREEMENT WITH FRIENDS OF THE IOWA
CITY NEW HORIZONS BAND:
Honohan reported when the NHB wanted to financially become a separate group
from the Senior Center that an agreement between the Senior Center and the
NHB needed to occur. At that time Linda Kopping sent an independent contractor
agreement to the Friends of the Iowa City New Horizon's Band (FNHB).
Honohan indicated that there have been two different independent contractor
agreements disseminated but that he would be working off of the first agreement
that had been reworked (to his knowledge) by Nancy Wombacher and signed by
the President of FNHB. Honohan indicated that this agreement should be used
as a framework because there is wording and items in the current document that
need to be clarified. One example being the use of the words "contractor" and
"instructor". Jean Hill wanted clarification on this point. Honohan indicated that
FNHB would be the independent contractor and that the instructor would be
whomever the FNHB wanted to be the director of the band, including any student
instructors of small groups. The director and any others would no longer be
employed by the City of Iowa City and would be directly employed by the Friends
of the NHB. Also, FNHB would set the band fees. Honohan indicated that use of
The Center for band practice and small groups would continue as it has been. In
addition any concerts would continue to be included in the Senior Center's
program guide.
Q1-1091-9kIle] Zto] 01UZIBM IZ09:1;ire]kW&IZI:1-1_Cdd0l1111ZkV
Honohan reported that there is about $500 held in the City of Iowa City's New
Horizon's band account. This amount of money could be transferred to the
Friends of the New Horizon's Band. Steve West indicated that one option that
had been presented in the past was that this money be held in the same account
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Preliminary Minutes
February 13, 2015
and that any copying fees come out of this money until it ran out. Hill also was
concerned that the money in the band account would need to be used by
September 2015, as indicated in an earlier version of the independent contractor
proposal. Kopping noted that band spends approximately $1000 a year on
copying charges and that the $500 would very likely used by that date. Although,
as a new organization, FNHB may need the money for immediate expenses.
Regardless she said, the band would not lose this money. Hill wanted to know
how much the copying charge would be, 15 cents like it is for outside individuals
or 7 cents. Kopping reported that the band would be charged 7 cents a copy,
making no money on the copies, just covering the machine upkeep, toner and
paper. Honohan noted that he is only looking at the independent contractor
agreement that was already signed by the FNHB, not any other proposed
agreement. Kopping indicated that the Friends of the NHB could decide if they
would like to keep the $500 as a credit or have it be distributed to them in a lump
sum.
OWNERSHIP AND USE OF INSTRUMENTS:
Honohan stated that there are instruments that were paid through the City of
Iowa City New Horizon's band account. There are also instruments that may
have been donated by individuals or businesses that used the donation for a tax
deduction and by the University of Iowa. Honohan proposed putting a committee
together of a few people to sort through which items belong to the University of
Iowa and The Center. Some items have City of Iowa City New Horizon's Band
tags on them. Steve West noted that he believed that he was the only person
present at the onset of the NHB over 20 years ago. West noted that the Iowa City
NHB was the 3`d NHB formed in the country and there are now over 160
worldwide. He also noted that there have been various partnerships with the
NHB including West Music and the University of Iowa. West said that West Music
had donated a timpani, bass drum and music to the NHB when it first started. He
said that he never filed any tax write offs for any of these items. He indicated that
he believes fees for the band have paid for the University of Iowa instructors, the
director and music and that the City of Iowa City account was just a "pass
through" account. He said that while he understands that the money went
through a City of Iowa City account, and therefore the city believes they own the
instruments and music paid for from this account that he believes that no tax
payer dollars have been spent on the NHB. West noted that there is a rumor that
the band wants to leave the Senior Center. West said that this is not true. He
noted the band likes the Senior Center and wants to stay. Lastly, he said that it is
not important who owns the music and instruments, but only important who has
access to these items. West raised a concern that if there were instruments that
did not belong to the City that those instruments would not be allowed to stay in
the building. Jean Hill stated that she believes there are a number of instruments
that belong to the University of Iowa and have tags on them indicating as such.
Martha Luboroff, a percussionist in the band, stated that she has never picked up
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Preliminary Minutes
February 13, 2015
an instrument that has a University of Iowa tag on it. West questioned if
instruments owned by the City of Iowa City would be allowed to be borrowed for
concerts. Kopping stated that instruments could leave the building but just to let
the Senior Center know when it was needed. Erin Wehr, director of the NHB,
stated that some of the equipment did come from the University of Iowa. Hill
wanted to know if Kopping meant they needed permission, or if the NHB could
just let the Senior Center know. Kopping clarified, just let the Senior Center
know. Honohan noted that regardless of ownership the equipment and music will
be made available.
David Christ asked if an item belonging to the City would be made available to
other groups or only available for the NHB and if those items are available to
others, who would have priority. Kopping replied that if there were two musical
groups that wanted to use the equipment or music that efforts would be made to
not overlap the use of the equipment or music. Lastly Christ wanted to know who
would be responsible for maintenance of the equipment. Kopping answered that
the City would be responsible for normal wear and tear but that if it were a
situation of negligence there may be repair costs incurred.
Gene Spaziani questioned Honohan in his previous statement that if an item or
money was donated to the NHB and a tax write off was taken that it belongs to
the City of Iowa City. He noted that he would have thought it belonged to the
NHB. Honohan noted that is only an example. Spaziani wanted to know why the
City of Iowa City would assume that items donated to the NHB belong to the City.
Eric Goers answered that prior to January 17, 2014 that the Friends of the NHB
did not exist and was not a legal entity. The NHB was a group of the Senior
Center, a division of the City of Iowa City, and that it was the only legal entity
available that could accept donations.
Spaziani stated that he agrees that he does not care who owes the music but in
the current situation staff feels free to open music that was addressed to the
director of the band because they consider it City property. Honohan noted that
this was a small issue.
David Christ stated that he would like to see this situation healed so that
everyone can move forward. He questioned if now that FNHB exists and can buy
new equipment would the NHB be able to store it at the Senior Center. Kopping
noted that storage continues to be an issue at the Senior Center and that there is
not much more space in the Assembly Room closet as it currently is. She also
noted that any item that is not owned by the City of Iowa City would no longer be
insured by the City, so that is something to consider. Christ clarified by stating
that there is no objection that the NHB store items at the Senior Center given
space and insurance coverage. Kopping stated that that is correct.
West stated that while a number of issues have been discussed that the NHB
does not want to be held hostage. He hopes the goal is to have these items
4
Preliminary Minutes
February 13, 2015
available for the NHB for generations to come. Hononhan noted that is exactly
what the commission and staff are hoping for.
Gene Spaziani brought up the issue that there are items in the music collection
that have been composed or arranged by the band members. He wondered if
those items could be removed. Kopping stated that yes items owned by an
individual should be taken out of the music collection. Kopping stated that there
is a responsibility of the Senior Center to keep the collection intact outside of
items owned/arranged/composed by individuals. She said that the NHB has been
doing a good job of keeping track of the music and that she would like to see that
system stay in place. She does not want to police the music, but that she wants
to maintain the music. Shelia Stevenson, a music librarian, noted that she and
one other librarian, file, sort and keep track of music that is checked out. She
inquired on how this would work in the future. She said she does not want to be
responsible for what other groups take out. Kopping said this had not been
decided but that a system would be developed. Honohan noted it could be
something that goes into the final agreement.
Erin Wehr noted that she was still concerned about the priority given to the
music. She noted that the band performs at many other venues and that she did
not plan on having that schedule approved by the Senior Center. Kopping noted
that this is an issue of communicating what the NHB needs. Wehr stated that it is
an issue to get dates to the Senior Center so early on when she often does not
know dates and times of items needed and that this interferes with the bands
ability to perform in the community. She also stated that she donated music when
she was a student at the University of Iowa to the NHB and that she did not
receive a receipt for this music and that at the time it was stored in Don
Coffman's office at the University of Iowa and that she had no knowledge that
that music was property of the City of Iowa City. She wanted to know if it was
acceptable to remove those personally owned items. Kopping replied, yes, she
should remove personally owned items.
Honohan reiterated that the music would still be available for the NHB to use
even if the City of Iowa City does own it and that he understands that Wehr may
not have understood that at the time she donated the music. Wehr stated that
she did not donate it to the City that she donated it to the University of Iowa into a
music cabinet in Don Coffman's office. Honohan stated that the bylaws of the
NHB state otherwise. Wehr stated that at the time the bylaws did not exist. Wehr
stated that the music was stored there until 4 years ago when it was moved to
the Senior Center when Coffman retired. Honohan stated that the bylaws indicate
that there is a partnership with the City of Iowa City and the NHB. Honohan
stated that a lot of time could be spent arguing about who owns the music but the
bottom line is that the music will continue to be available for the NHB to use.
5
Preliminary Minutes
February 13, 2015
Tom Wehr, stated that he had bought some music for a group to play and now is
concerned to bring that music into the Senior Center. He is also concerned that
someone would damage the drums.
Hill wanted to know if the City would sell the equipment and music to the NHB for
$1. Honohan said that he does not know.
West asked if the City even wants to own this equipment and music. Kopping
answered yes, the equipment and music are used for programming so that when
this group of Iowa City NHB members are no longer here, it will be available for
use by a future group of NHB members. West responded that a remark like that
brought up issues of trust. He went on to note that it is odd for a NHB to be
housed in a Senior Center and that other NHB are generally more aligned with a
University setting. For various reasons a NHB doesn't need to be located at a
Senior Center. He questioned whether The Center was holding the band
hostage by maintaining ownership of the equipment and music. He stated that
that is not want anyone one wants, but if it came down to it community members
would step up to outfit the NHB outside of the Senior Center. He wants the NHB
to continue well into the future and he will do anything possible to ensure that
there is always a NHB.
Kopping said she thinks they have the same goal. To continue the NHB into the
future just as it has successfully operated for the past 20 years. She noted that
there is only one band member that was part of the original band. The band
evolves and grows, members are constantly changing. The Center's role is to
maintain the equipment for ongoing use and to support music programming.
Gene Spaziani wants the Senior Center to stop stamping the music "property of
the City of Iowa City".
Buhman noted that there are other music groups at the Senior Center who
currently use the band equipment and music. If another group wanted to start a
different kind of music program at the Senior Center that that would be
considered as well to expand the music program offerings. The Senior Center
vets new instructors and groups to make sure they know how to use the
equipment. She also noted that if there was a new music group at the Senior
Center she would make sure to not schedule those at the same time as the NHB
and communicate everyone's needs to ensure everyone has what they need.
Janet Rawley wanted to know if there was a contract 20 years ago. Honohan
stated that no, not to his knowledge. Rawley stated that is why there is so much
confusion. Honohan stated that he would like to take the independent contractor
agreement that was signed by the FNHB and expand upon it to address all of the
concerns.
6
Preliminary Minutes
February 13, 2015
Honohan stated that a draft would be made. The draft will be sent to Jean Hill
and distributed. Kopping noted that the draft will be open to changes.
Martha Lubaroff stated that she would like the whole band to receive the draft as
she often feels that the band is out of the loop with what is going on with the
Friends of the NHB and she would like the opportunity to comment. Hill stated
that she would distribute the draft to the NHB.
Tom Wehr questioned the bylaws Jay had read from before and that he believes
the bylaws read that the Iowa City New Horizon's band own the music and
equipment as opposed to the The City of Iowa City and the NHB. Honohan
stated that he did read it to mean a partnership between the City of Iowa City and
the NHB.
Felling stated that people in the band operated with the assumption that the
equipment and the music was the NHB's but a judge might say that these items
were owned by the City of Iowa City. West then stated that that is why
documentation is needed now. Felling agreed. Felling stated that everyone wants
the NHB to continue on for a long time.
Hill wanted to know if the document is already signed by the Friends of the New
Horizons band will be accepted by the City with an attached memorandum of
items discussed. Honohan stated he would like it to be all in one document, but
that he believed that either way, a short document with many memorandums or
one longer document, it would be a legal document.
COPYING COSTS AND PAYMENTS:
0=6 8150 rsM . u[.I7 MITI - ii0
SCHEUDLE OF CONCERTS:
0=6 8150 rsM . u[.I7 MITI - ii0
ACTION BY COMMISSION:
Motion: To enter into an independence contractor agreement with the
Friends of the New Horizons Band that addresses terms and items that
have been discussed at the meeting. Holbrook/Mitchell 5/0
PUBLIC COMMENT CONTINUED:
7
Preliminary Minutes
February 13, 2015
ADJOURNMENT:
Motion: To Adjourn. Motion carried on a vote of 6/0. Mitchel, Hobbs
Preliminary Minutes
February 13, 2015
Senior Center Commission
Attendance Record
Year2015
Name
Term Expires
1/30
2/6
2/20
3/3
3/20
5/15
6/19
7/17
10/23
11/20
1/22/15
2/13/15
Cheryll Clamon
12/31/18
--
--
--
--
--
--
--
--
--
--
X
O/E
Chuck Felling
12/31/15
X
X
X
X
X
X
X
X
X
X
X
X
Rose Hanson
12/31/14
X
X
X
X
X
X
X
X
X
X
Jack Hobbs
12/31/16
X
X
O/E
X
X
X
X
X
X
X
O/E
X
Mark Holbrook
12/31/18
X
X
X
O/E
X
X
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
O/E
X
X
X
X
O/E
X
X
X
X
O/E
Key: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
-- = Not a member
02/18/2015 13:32
OF
IOWA CITY
1
(CITY
KKromray YEAR TO
DATE REPORT
IP
glytdbud
FOR 2015 99
JOURNAL DETAIL
2015 1
TO
2015
7
ACCOUNTS FOR:
ORIGINAL
TRANFRS/
REVISED
AVAILABLE
PCT
10570100 Senior Center Administrations
APPROP
ADJSTMTS
BUDGET
YTD EXPENDED
ENCUMBRANCES
BUDGET
USED
336110 Johnson County
-70,000
0
-70,000
-44,418.00
.00
-25,582.00
63.5%
346400 Lessons
-4,680
0
-4,680
-430.00
.00
-4,250.00
9.2%
346600 Membership Fees
-50,000
0
-50,000
-34,290.00
.00
-15,710.00
68.6%
348900 Charges for Services
0
0
0
-84.50
.00
84.50
100.0%
356200 Permit Parking
-17,050
0
-17,050
-18,970.00
.00
1,920.00
111.3%
362100 Contrib & Donations
-51,000
0
-51,000
-10,995.94
.00
-40,004.06
21.6%
363910 Misc Sale of Merchandise
-7,736
0
-7,736
-3,983.86
.00
-3,751.97
51.5%
369100 Reimb of Expenses
0
0
0
-1,716.75
.00
1,716.75
100.0%
382200 Building/Room Rental
-400
0
-400
-560.00
.00
160.00
140.0%
382400 Locker Rentals
-1,224
0
-1,224
-1,052.00
.00
-172.25
85.9%
384200 Vending Machine Commission
-322
0
-322
-212.55
.00
-109.04
66.1%
TOTAL Senior Center Administrations
-202,412
0
-202,412
-116,713.60
.00
-85,698.07
57.7%
Current membership as of 2/18/15 = 1640