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HomeMy WebLinkAbout2003-09-25 Info Packet CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY September 25, 2003 www.icgov.org I MISCELLANEOUS ITEMS IP1 City Council Meeting Schedule and Work Session Agendas IP2 Email from ICFD Captain Kahler: Fire Prevention Week Proclamation IP3 Memorandum from Housing Administrator and Housing Coordinator: Iowa City Housing Authority Receives High Performer Designation Status on Public Housing Assessment System (PHAS) IP4 Minutes (Approved): August 21 City Council Economic Development Committee IP5 Minutes (Approved): August 29 City Council Economic Development Committee IP6 Article [Truthout]: Patriot Act Finds Trouble in Texas [Pfab] I PRELIMINARY/DRAFT MINUTES IP7 Iowa City Public Library Board of Trustees: August 28 IP8 Police Citizens Review Board: September 9 Recommendation: Accept PCRB Report on Complaint #03-02; Accept PCRB Report on Complaint #03-04 ~ City Council Meeting Schedule and September25,2003 C~T¥ OF IOW^ C~TV Work Session Agendas www.icgov.org TENTATIVE FUTURE MEETINGS AND AGENDAS · MONDAY, OCTOBER 13 Emma J. Harvat Hall 6:30p Special Council Work Session TUESDAY, OCTOBER 14 Emma J. Harvat Hall 7:00p Special Council Formal Meeting · WEDNESDAY, OCTOBER 15 North Liberty 4:00p Special Council Work Session Joint Meeting: lC Schools, JC Board of Supervisors, Cities of Coralville and North Liberty · MONDAY, OCTOBER 27 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, OCTOBER 28 Emma J. HarvatHall 7:00p Special Council Formal Meeting · MONDAY, NOVEMBER 10 Emma J. Harvat Hall TBA Special Council Work Session 7:00p Special Formal Council Meeting · TUESDAY, NOVEMBER 11 Emma J. Harvat Hall Veterans' Day Holiday - City Offices Closed · MONDAY, NOVEMBER 24 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, NOVEMBER 25 Emma J. HarvatHall 7:00p Special Formal Council Meeting Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation Stormwater Utility Parking on Narrow Streets West Side Plan Historic Preservation Issues Consideration of Issues Not Under Council Jurisdiction USA Patriot Act Marian Karr IP2 From: Larry Kahler Sent: Tuesday, September 23, 2003 8:57 PM To: *City Council Subject: Fire Prevention Week Proclamation Good Evening, Please accept my apologies for not being at the council meeting to pick up the FPW proclamation. I was asked by Fire Marshal Jensen to represent him at the meeting, but unfortunately, we were called out to a smalr fire (some property damage but no injuries) just minutes before the meeting started. Thank you for the proclamation and your continued support of our fire and life safety efforts. Sincerely, Captain Larry Kahler ICFD City of Iowa City MEMORANDUM TO: Iowa City City Council FROM: Steven J. Rackis, Housing Administrator ~'~"~ Deb Briggs, Public Housing Coordinator DATE: September 23, 2003 RE: Iowa City Housing Authority (ICHA) receives High Performer Designation Status on Public Housing Assessment System (PHAS). The Department of Housing and Urban Development (HUD) effectively and fairly measures the performance of a public housing agency (PHA) using the PHAS. HUD requires Housing Authorities to cedify fiscal year performance data as a means of monitoring local activity. The four areas of assessment are: 1. Physical Inspection 2. Financial Assessment. 3. Management Operations 4. Resident Satisfaction. The ICHA attained High Performer designation status for Fiscal Year 2003, by achieving a score of 96 out of a maximum of 100 points. This represents an increase of 2% over Fiscal Year 2002, when the ICHA achieved High Performer status with a score of 94. High performers receive incentives that include relief from reporting, public recognition, and bonus points in funding competitions. On June 24, 2003, HUD published a final rule deregulating Small Public Housing Agencies (fewer than 250 Iow rent units under management). Consequently, the ICHA will now complete the PHAS assessment every other year. This change will reduce administrative burden and better enable the ICHA to focus on our core mission of providing decent, safe and affordable housing MINUTES APPROVED r~ CiTY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE THURSDAY, AUGUST 21,2003 - 10:00 AM CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Ernie Lehman, Dee Vanderhoef, Ross Wilburn MEMBERS ABSENT: None STAFF PRESENT: Steve Nasby, Tracy Hightshoe OTHERS PRESENT: Irvin Pfab, Mary Lou Erlacher, Joe Raso, Jamie Powers Call To Order Ernie Lehman called the meeting to order at 10:00 AM. Approval of Meetin~ Minutes from May 13, 2003 MOTION: Vanderhoef moved to approve the minutes as submitted. Wilburn seconded the motion. All in favor, motion passed 3-0. Set Date and Time for Next Meetinq The committee agreed the next meeting date as September 18, 2003 at 9:00 AM. ICAD - General Update and Location One Information System (LOIS} Joe Raso, President of Iowa City Development Group (ICAD), was present to update the committee concerning ICAD activities. Raso discussed several successful projects that ICAD has been associated with. · United Natural Foods, which was recently approved for funding, is moving forward and the concern of wetlands has been determined to be a non-issue. Proctor and Gamble has been working on several projects and there will be an event in conjunction with ICAD on Friday, August 29, 2003, where Senator Grassely will be present to speak. Also on August 29, 2003, ALPLA, who serves Proctor and Gamble, will have an event at 10:30 AM with Mayor Lehman, Raso and others present to speak. Raso said this will be a great celebration for the entire region and specifically Iowa City, and it is easy to see the importance of Proctor and Gamble in our area. · Moore North America/Moore Wallace has been through some changes recently due to their acquisition of Wallace Computer Systems. They are moving lines into Iowa City and will be looking to hire graphic designers and customer service representatives over the next several months. · Marsh Advantage America has a new facility opening at Northgate Corporate Park in Iowa City. ICAD worked closely with Marsh on the project to keep the office in Iowa City as they were looking at Tulsa and St. Louis as other possible locations. Raso updated the committee on tools and instruments that ICAD has developed to aid them in helping companies come to and grow in the area. *, Raso distributed a packet with an ICAD activity report, a highlight of the organization activities for the last year. Included in the report is a labor-shed survey. The survey outlines the area regionally but also has a labor-shed survey specifically for the Iowa City area, for those who are focused on the south end of the corridor. The survey allows ICAD an opportunity to share with companies what the market looks like in terms of workforce skills and wages required for different individuals. They have used this survey to help several businesses that were looking to hire additional staff or looking to possibly expand in the Iowa City market. They are talking with the State to have this done annually because all communities within the state need this kind of data/information to compete with the larger cities. · Raso discussed a CD-ROM employment directory that ICAD has developed that lists 225 company's within the region. It provides the user a description of the company and the type of jobs they would typically have available. The CD-ROM will go to community colleges and colleges in the Midwest when Priority One attends career fairs to talk with students. It not only sells the city but the entire region because it links the user with the Corridor Careers website, which has job postings. · Raso distributed a wage and benefit survey to the committee; it was completed last year and is currently under revision. The survey is done on a regional basis and provides information to prospective employers about the current wage rate for different jobs in this area. It also breaks down the high, Iow, and starting wage, what the benefits are, and also segments the manufacturing from Economic Development Committee Minutes August 21,2003 Page 2 non-manufacturing positions. The survey is done in conjunction with Manpower and Priority One, who compiles and analyzes the data. Vanderhoef questioned if they provide any information concerning the cost of living for the area. Raso replied that they do not, but there are many other websites that provide this kind of city to city comparative information. Vanderhoef asked if the occupation descriptions are standardized. Raso said they are standardized but they review and if a job appears to be new and unique they would make a new category. Raso provided information on the Skills 2006 Study. The study is done with Kirkwood Community College and Priority One and they are surveying approximately 250 public and private businesses, in a seven county area, to find out their expectations for hiring in the next 3 years. They are also asking the businesses if the hiring is from new jobs created or due to retirement or attrition. The study will include information about the skills required for any new jobs and if the skill requirements for existing jobs will be changed. A study of this kind was done in 1998 and helped Kirkwood develop curriculum for specific industry sectors. The new information, due out in October 2003, will also help in determining if specific curriculum should be developed to address the areas padicular employment needs. Wilburn asked who makes the link with the University of Iowa and Kirkwood Community College with new businesses and jobs available. Raso said a combination of ways are used, job fairs, Iowa Workforce Development, Kirkwood for training, and the University can also be contacted. Raso concluded by saying that most work done by site location consultants is done on line, after regular business hours. Raso said he had worked with a utility company in Kansas City and they developed a wesite called Location One Information System, and it was a kind of holding tank for data about communities and buildings, sites and markets, that was searchable. This company does not serve the Iowa City market but the ICAD website is based on the same principles. The ICAD website houses information concerning all seven communities in the area and provides an overview of the city including maps, leading employers, demographics, taxes, utilities, labor force, local contacts, education, government, and web links. With the help of the city community development staff, they have been able to populate the database for Iowa City. The website also allows posting of available business sites in the market, by industrial park or lots available. The visuals on the website will also be expanded to include photos of the area. The key is accurate and timely information that can be accessed in one website that will save time for everyone. Lehman said he thinks Iowa City is getting a good return on their investment with ICAD. He said it is important to have this information and will be sharing it with the council. Workplace learninq Connection - Proqram Sustainability Mary Lou Erlacher was present to address the committee concerning the sustainability of the Workplace Learning Connection program. Erlacher provided a graph for the committee about information collected in a survey administered to students who participated in services through the Workplace Learning Connection. She said the information from last year and this year is very similar. It was determined that when students are connected with school to career activities, a one day job shadow, a 90 hour internship, or workplace tours, they feel much more connected to career oppodunities in their communities. They know what happens inside the buildings on their streets and they know what kinds of oppodunities are available there. Building relationships with employers is important, they found that approximately I/3 of the students, after having the school to work experiences with local employers, said it positively impacts their desire to live and work in Iowa. Erlacher said the primary reason for her visit is to share with the committee how the Workplace Learning Connection is sustained. The organization began with a federal school to work grant and with several business partners. They began the program as a good tool for career development for students and a good tool for work force development. With these things working together and listening to businesses, improving the skill level of the workforce and encouraging the young people to stay in the area then it is also a good tool for economic development. This is the kind of system they are trying to build, a solid system and a system of value that would then need to be supported by all the people who use and benefit from it. They started with the local schools, met with a task force of school superintendents and came up with a funding formula for the schools. There is a model used for Benton County for example, where the schools would allocate $1 dollar per student in K-5, $2 dollars for Economic Development Committee Minutes August 21, 2003 Page 3 6-8, and $4 dollars for students 9-12. This would be a line item in their budget for career development activities. All districts are required to have a K-12 career development plan for their district as a part of their yeady comprehensive school improvement plan. She said this is generally a weak part of most district plans. If the three school districts in Benton County contributed at the proposed level for career development activities, it would raise about $8800 per year. Erlacher is now going to the business community in Benton County asking if they will match the education line item to help support the activities of the children in their county. Last year, Erlacher approached Linn County and they approved a four-cent per capita allotment out of their community and economic development fund. They see this as a good system for economic development and something to be used when talking with businesses about possible expansion or relocation to the area. When putting all of this together with the regional support from Kirkwood and Grantwood they are a 501C3 partnership between Kirkwood and Grantwood Area Education Agency, and with other regional funds, it gives them an annual budget of $350,000. This is the system they are trying to build, with a regional office in Linn County; they want to open satellite offices to serve 2 counties in the east, west and south. There are several counties on board currently, all contributing at different levels. Lehman asked what is Johnson County's commitment. Edacher said they have not committed yet but she has been told that there will be money budgeted for the program in the future. Vanderhoef asked about the interest in the program locally. Erlacher said before they started the Iowa City office, there were about 68 students from City High School that participated in the job-shadowing program. Since opening the Johnson County office and with program coordinator Nancy Quellhorst being in the schools and working with the teachers, they have had over 400 students participate in job shadows this year. They also had 35 internships this year, lots of tours, speakers and a job fair last spring at West high School. Vanderhoef said she would like to see a model put together for Iowa City to invest into this program. This is an opportunity to get young people headed into more meaningful careers for themselves, to keep them in the community and promote economic development. Lehman said this would be put on a council agenda for discussion. Ross Wilburn excused himself from the meeting due to a conflict of interest concerning any items related to CDBG funds, as his employer is a recipient of CDBG funds. CDBG Application - DeLuxe Bakery Jamie Powers, owner of Deluxe Bakery was present to discuss her application. Deluxe Bakery is currently a home-based business and is now expanding and opening a storefront on 812 South Summit Street. Powers is requesting $15,000 in CDBG assistance to make capital improvements. Powers has secured private funding for the site acquisition and operational expenses. Powers said she wants the business to be in and serve a neighborhood. She wants to restore the exterior of the building, add patio seating, add a handicap access ramp and add 2 hard surface parking spaces in the rear of the building. Lehman asked what percentage of the business is anticipated to be walk in customers. Powers said approximately 40 percent will be retail and 60 percent will be wholesale, i.e. wedding cakes. Lehman said he does not think there is enough walk-in business in the Longfellow area to constitute 40 percent of her business. Powers agreed but said that Summit Street is an arterial street with great traffic and there is a real need for this type niche pastry business. Lehman asked if the application meets the requirement needs for CDBG funding. Nasby clarified the business will be retaining 1 job (owner) and creating 1 full time equivalent job (2 part time jobs), and this meets the requirements for CDBG funding as a micro-enterprise. Powers said she anticipates having to hire another full time employee by the end 2003, she would also like to work with Kirkwood and provide an opportunity for a student intern. Lehman said that because she has secured financing for the business start up, the bank is showing confidence in her plan. He also noted that the business is in a neighborhood and is a nonconforming use. It is important that if this is to be a successful operation it needs to be as compatible with the neighborhood as possible. The changes that Powers is suggesting are a benefit to the neighborhood and Economic Development Committee Minutes August 21, 2003 Page 4 to the business. Lehman said he is impressed with the application and they need more time to discuss the matter, as today's meeting must conclude due to time constraints. A special meeting needs to be scheduled; the committee and applicant agreed upon Friday, August 29, 2003 at 8:30 am. Adiournment MOTION: Vanderhoef moved to adjourn the meeting. All in favor, motion passed 2-0. The meeting concluded at 11:01 .AM. data on citynFpcd/minutes/ecodev/edc08-21~}3.doc Minutes APPROVED Council Economic Development Committee Friday, August 29, 2003 - 8:30 AM Lobby Conference Room Members Present: Ernie Lehman, Dee Vanderhoef Members Absent: Ross Wilburn Staff Present: Steve Nasby, Tracy Hightshoe Others Present: Irvin Pfab, Jamie Powers Recommendation To Council: It was approved by the Council Economic Development Committee to recommend a $15,000 CDBG loan for 5 years at 3% interest rate to commence in January 2004, for capital improvements for a new storefront business, Deluxe Bakery, located at 812 South Summit Street. Call To Order The meeting was called to order at 8:35 AM. Discussion and Recommendation on CDBG Application - Deluxe Bakery This meeting was scheduled at the request of committee members in order to continue the discussion of the CDBG application submitted by Deluxe Bakery. Deluxe Bakery is currently a home-based business that is now expanding and opening a storefront on 812 South Summit Street. Wilburn was not present due to a conflict of interest, as his employer is the recipient of CDBG funds. Lehman reviewed the applicants' request of a CDBG grant of $15,000 for capital improvements. He noted the profitJloss statement that was submitted did not include interest expenses on the loan received from the bank. Jamie Powers, owner of Deluxe Bakery, said the paperwork submitted to the City was completed prior to the final approval of the bank loan. As a side note, Lehman said the staff and committee need to work on simplifying the applicant profit/loss and balance sheet forms for the committees review purposes. Lehman asked the applicant if the work on the interior of the business had started. She said the inside work was currently in process, but nothing had been done to the exterior of the building. Lehman clarified that the grant requested was for work to be done on the exterior of the building. Vanderhoef noted the qualifier for CDBG funds is job creation. Powers responded that at least one full- time and 2 part-time positions would be created. Powers also anticipates sales will be greater than projected and although family had helped out last year, she wants to keep the business professional and may need to hire more pad-time help. Nasby said the business is located in a historic district of Iowa City and CDBG is federal money, any exterior work done must comply with the Secretary of the Interior's Standards for Rehabilitation in addition to any other applicable federal rules. Powers said she had been working with Shelley McCafferty, Historic Preservation Planner, to determine what work can be done. Due to City regulations, the bakery will not be categorized as a restaurant and that will limit the number of tables and seating available. Powers is planning to have a bench in the front window, 2 small tables inside and a bench outside in the front of the building. She is also planning to add an aggregate stone area to the front of the building because it is a shady area and grass does not grow well in that area. Other improvements are painting the building, paving rear parking spaces, and possibly the addition of a handicap accessible entrance. Lehman said he has had a problem understanding the financial information provided, it is difficult for any average person to understand due to the technical and complicated nature of the forms. However, the bank appears to be satisfied with the applicants' ability to open the business. The bank is not only loaning money for the real estate but also for the business. Therefore, this seems to be a viable project or Powers would not be receiving conventional financing. Lehman then noted 2 thoughts on the project: the business will go forward with or without participation from the city, and it is a nonconforming use in a historic neighborhood. Because of these 2 points, he said he does not have a problem recommending to Council that they approve a loan for Powers at an attractive interest rate. The business needs to be as compatible as possible with the historic neighborhood and the loan could be used to make the business more attractive and fit in better with the neighborhood, it is not absolutely necessary that the city participates, but it is in the best interest of the community and neighborhood that the business be as attractive as possible. Vanderhoef agreed with Lehman. She said the business has good potential and because they are trying to build and strengthen the neighborhoods, this could make the neighborhood more attractive and appealing. She mentioned a concern of the possibility of increased traffic. Lehman said this is really a non-issue because the project has been approved by the city and is going forward. However, the addition of hard surface parking in the rear of the building may address any traffic issue. Lehman said the loan from the bank is at 5.9% for the building and there is also a private loan for the business, done through the bank, for 3.0%. He also said this is a very viable business, and the concept of CDBG loans is to help people do things that might not otherwise be able to be done. But, because this is a nonconforming use, it is in a neighborhood and neighborhoods are something the city greatly values, and because the improvements would enhance the property by making it more attractive to the neighborhood, the city does have a function with this project. Vanderhoef added the exterior of the business would probably not get the care that is needed in the beginning because Powers will be focusing on the start up of the business. Powers agreed with Vanderhoef and said the exterior work would have to wait without the help of CDBG money. MOTION: Vanderhoef moved to recommend to Council that they approve a CDBG loan for capital improvements for the Deluxe Bakery for $15,000, at 3.0% interest rate, for 5 years that would commence in January 2004. Lehman seconded the motion. All in favor, motion carried 2-0. Lehman and staff said they will try to have this item on the agenda of the September 9, 2003 City Council Meeting. Powers said she would be present at the meeting to answer any questions. She also thanked the committee for their support. Adjournment MOTION: Vanderhoef moved to adjourn the meeting. Lehman seconded the motion. All in favor, motion carried 2-0. The meeting was adjourned at 9:10 AM. Data on citynt\minutes\pcd\edcS-29-03.doc William Rivers Pitt I Patriot Act Finds Trouble in Texas Marian Karr From: Irvin Pfab [iplab@avalon.net] Sent: Sunday, September 21, 2003 11:37 PM To: Iowa City City Council Subject: 92203fw..Patriot Act finds trouble in Texas: truthout.com, by William Rivers Pitt - Perspective Editors Note I The following remarks were delivered by William Rivers Pitt at a Town Hall meeting in Austin, Texas on Tuesday, September 16. The meeting was called on the eve of an historic vote; the capitol city of Texas is veO/ near to joining hundreds of other American communities in passing a resolution that repudiates the Patriot Act. Patriot Act Finds Trouble in Texas By William Rivers Pitt t r u t h o u t I Perspective Monday 22 September 2003 I have listened to the defenses of the Patriot Act offered tonight. The essence of the defenses, the essence of the rebuttals to our reservations and complaints, is "Trust us. We're the government. We're the constitutional scholars, Trust us." I've heard that before. There are tons of mass destruction weapons in Iraq. Trust us. There are al Qaeda terrorists all over Iraq. Trust us. September 11 happened because of enemies who hate our freedoms. Trust us. With all due respect, I say hell no. The one thing this government's behavior has not created is trust. Ladies and gentlemen, I have come here today to appeal to your patriotism. We are all patriots here, every one of us. Let no one deny that or doubt that. What are our duties as patriots? Is one a patriot if they fly the flag, to stand for the national anthem? Yes...and no. One may do these things and be filled with love of country, but if that is all you do, then you have not done enough. In this time, and in this place, and with all that is happening in this country and around the world, the duties of a patriot go far, far, far beyond flying the flag. The duty of a patriot in this time and place is to ask questions, to demand answers, to understand where our nation is headed and why. If the answers you get do not suit you, or if they frighten you, or if they anger you, it is your duty as a patriot to dissent. Freedom does not begin with blind acceptance and with a flag. Freedom begins when you say 'No.' That is how our freedom began 227 years ago. We said 'No.' Now, we must talk, and listen, and ask questions, and understand. If we do not like where we find ourselves, we must once again say 'No' with roaring voice, and without fear. So let us, as patriots, speak tonight about the Patriot Act. The full name is the USA Patriot Anfi-Terror Act, passed in the immediate aftermath of the September 11 attacks. Interestingly, and disturbingly, the document was written long before those attacks ever took place. If you believe the advertising, the Patriot Act serves us all by defending us against terrorist attacks, by casting a fine net to snare those who mean to do us harm. The Act itself is a huge sheaf of paper, written in that dense legalese so common to legislation. Attorney General John Ashcroft has been on a tour of American cities in the last month touting the Act before police organizations. He believes it is a vital and necessary weapon against terrorism. I am not going to stand up here today and try to claim that the events of September 11 do not require a response from the American legal system. That would be patently absurd. One of the cruelest ironies of that day is that the terrorists used our greatest American strength against us. They used our freedom of movement against us. They came here, rented cars, got hotels, got on airplanes, and dealt us a mighty blow. Because we are free to go where we wish and stay where we wish, we were open to their trauma. But I must now ask you my first question of the night, one I will repeat as we go on. What price security? How much can we give up before we become a country that is not America? At bottom, at the end of the day, and when all the shouting and chest-beating is over, America is an idea. You can take all of our roads, our cities, our crops, our people, our armies - you can take all that away, and the idea that is America will still be there as pure and great as anything conceived by the human mind. What is that idea? The idea is simple and stupendous simultaneously. 9/22/03 William Rivers Pitt I Patriot Act Finds Trouble in Texas Page 2 of 3 The idea that is America says you can go where you want, say what you want, think what you want, spend what and where you want, pray to whomever you want, or not pray at all, and the government cannot restrict your doing this unless you are demonstrably causing harm to a fellow citizen. Simple...and amazing. The document says we are gifted the unalienable right to "Life, Liberty and the Pursuit of Happiness." The substance of those rights are the freedoms I have listed, and all the others I have not named. That is the idea that is America. We are unique in all the world to have such concepts be an essential part of our founding. If you murder the idea that is America, you have murdered America itself. You can keep all of our roads, our cities, our crops, our people, our armies - you can keep all that, but if you murder the fundamental idea that is America, you have murdered America itself in a way that ten thousand September 1 lths could never do. No terrorist can end this country. No terrorist can destroy the ideals we hold dear. Only we can do that, we who are most comforted by that blanket of freedom, and I fear that we have begun to do so with the passage of this thing they call the Patriot Act. There are hundreds and hundreds of sections to the Patriot Act. My personal favorite is Section 213. Legal scholars have dubbed this the "Sneak and Peek" provision. Section 213 of the Patriot Act gives authority to agents of the Federal government to enter your home, search your belongings, tap your phone, tap your computer so every keystroke and website and email is recorded. They can do this without getting a warrant, and without ever letting you know they were there. The Fourth Amendment to the Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." But this is all supposed to be about going after terrorists, right? Why should terrorists have access to the protections of the Fourth Amendment? They key here is the definition of 'terrorist,' and the Patriot Act leaves that definition very, very vague. Section 802 of the Act creates the federal crime of "domestic terrorism." Among other things, this section states that acts committed within the United States "dangerous to human life that are a violation of the criminal laws" can be considered acts of domestic terrorism if they "appear to be intended" to "influence the policy of a government by intimidation or coercion," or "to intimidate or coerce a civilian population." This provision appries to United States citizens, as well as aliens. Ever been to a protest? A lot of protests are acts intended to attack or throw light upon a particular government policy. According to the nebulous definition of 'domestic terrorism' as espoused by Section 802 of the Patriot Act, such acts of dissent now fall under the definition of terrorism. Nancy Chang of the Center for Constitutional Rights writes: "Vigorous protest activities, by their very nature, could be construed as acts that 'appear to be intended to influence the policy of a government by intimidation or coercion.' Further, clashes between demonstrators and police officers and acts of civil disobedience - even those that do not result in injuries and are entirely non-violent - could be construed as 'dangerous to human life' and in 'violation of the criminal laws.' Environmental activists, anti-globalization activists, and anti-abortion activists who use direct action to further their political agendas are particularly vulnerable to prosecution as 'domestic terrorists.'" There is more. Section 411 of the Patriot Act purportedly defines foreign terrorist organizations. However, as the ACLU points out, this provision "permits designation of foreign and domestic groups," since the provision defines these groups as "any political, social or other similar group who publicly endorse acts of terrorism" - which, of course, under the Section 802, could mean lawful protest. I'll give you one quick example. On December 6, 2001, Attorney General Ashcroft stood before Congress to testify about the Patriot Act. In his opening statements, he said, "To those who scare peace-loving people with phantoms of lost liberty; my message is this: Your tactics only aid terrorists -- for they erode our national unity and diminish our resolve." Therefore, according to Mr. Ashcroft, if you criticize the Patriot ACt you are, under section 411, publicly endorsing terrorist activity by "frightening people with phantoms of lost liberty." If you criticize the Patriot ACt publicly, you are also potentially in violation of section 802. Opportunities for abuse of these brood new powers ore immense, ond that is the rub. Of course there must be o legal response to the crimes committed against us on September 11. But the Patriot Act goes much, much too far. The Patriot Act asks us to completely surrender that mistrust of government that caused us to make this country in the first place, that mistrust of government that is essential to our standing as free citizens. The Patriot Act asks us to believe that no government official would ever, ever, ever abuse these sweeping powers in the pursuit of a political agenda. Why worry? That's never happened before... The Patriot Act asks us to throw over the first, fourth, fifth, sixth, fourteenth and fifteenth amendments to the constitution, period. The Patriot Act allows the government to detain, indefinitely and without access to an attorney or a trial by jury, anyone they deem to be a terrorist. That definition is left to the sole discretion of the federal government, and to John Ashcroft. That definition, as we have already seen, 9/22/03 William Rivers Pitt [ Patriot Act Finds Trouble in Texas Page 3 of 3 can bo applied to citizen and non-citizen alike. It can apply to you, and to mo. As we sit hero, there are well ever 1,000 people sitting in prisons without access to an attorney or a iury trial. Thoro is no fimo limit on their detention. Some of thom may very well bo terrorists that mean to do us harm. Many others, however, are people who fit a preconceived notion of what a threatening person may be. In an Associated Press article from last Sunday, said Dan Dodson, a spokesman for the National Association of Criminal Defense Attorneys, said, "Within six months of passing the Patriot Act, the Justice Department was conducting seminars on how to stretch the new wiretapping provisions to extend them beyond terror cases. They say they want the Patriot Act to fight terrorism, then, within six months, they are teaching their people how to use it on ordinary citizens." Clearly, the powers of the Patriot Act are already being abused. September 11 happened. There must be a response. I submit to you today that the Patriot Act is the wrong response, a dangerous response, a response that wrecks far too much of what makes this country excellent and unique. I submit to you that John Ashcroft, who accused anyone who disagrees with the Patriot Act of aiding terrorists from the well of our Congress, is the wrong man to hand such sweeping powers over to. I submit that we have surrendered to the terrorists with this Act. We have done what they tried to do. We have done what they could never do. We have helped to murder the idea that is America. We have given those attackers the victory they sought on September 11. They never need to come back again. Thanks to the Patriot Act, their work is done, Thomas Paine once said, "If there is to be trouble, let it be in my day, so my child may be safe." We did not want this trouble, but we've got it. I ask you, here and now, to make trouble for those who would trouble us with this terrible law. I ask you, here and now, to stand for a better way than this, a way that defends this nation while standing in the required reverence and awe of the ideals that make this country what it is. I am asking you, as patriots, to stand against this Patriot Act. William Rivers Pi~f is the Managing Editor of truthouL org. He is a New York Times and intemational best-selling author of three books - "War On Iraq," available from Context Books, "The Greatest Sedition is Silence," available from Pluto Press, and "Our Flag. Too: The Paradox of Patriotism," available in August from Context Books. Jump to TO Features for Monday 22 September 2003 © Copyright 2003 by TruthOut.org 9/22/03 Iowa City Public' Library MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES MEETING ROOM C - REGULAR MEETING AUGUST 282 2003 AT 5:00 PM Members Present: Dean, Magalhaes, Prybil, Schnack, Singerman, Swaim, VanDusseldorp Staff: Black, Craig, Clark, Curtin, Lauritzen, Logsden, Lubaroff, Nichols Others: Miller CALL MEETING TO ORDER Meeting was called to order at 5:05 pm. PUBLIC DISCUSSION None APPROVAL OF MINUTES The minutes of the regular meeting of July 24, 2003 were approved after a motion by Schnack, seconded by Prybil. All were in favor. Motion passed 7-0. UNFINISHED BUSINESS Building Project: Miller distributed his report including photographs. He said another payment had just been approved, with 300 days left in the project. The project is still ahead of schedule. We may phase in some early moves. We skipped a tour, since next Thursday from 11:30-1:00 we will have a "sign the beam" pizza party in the construction zone. Staff and Board are invited to sign their name on a steel beam that will be part of the completed building. There was a question about change orders and who is responsible for the expense when they are corrections to plans that add cost. Miller explained that the expense comes from a contingency fund, which is for that purpose. The architect's contract does not hold them liable for added expense. Change orders are to be expected and it is the expectation that plans are not perfect because as detail oriented as the plans are, mistakes are made and things come up that are unexpected. We are still well within budget. Board Minutes August 28, 2003 Page 2 County Update Craig reported on a meeting of the task force held aRer thc memo of August 20 was mailed. She felt that some moderation in responsiveness was evident and is hopeful a mutual agreement can bc reached. They asked for further input from Library Boards. County would like to have a county representative on all library hoards and then bring those people together for meetings. They would like a mom flexible way to get out of thc contract than thc current one if budget conditions change suddenly. There is still some interest in charging users some type of fcc. They sccmcd to accept that they would bc responsible to administer such a plan. Prybil, who attended as our Board's County representative, said she thought Craig made a clear point that fees are difficult to administer. Prybil thinks that it would be more beneficial to have library directors meet with the supervisors rather than the county representatives from each board. Ultimately there were questions for library boards. Thc committee will not meet again until October. Craig said Board could discuss issues in September. County is having to cut funding, Swaim said. Some questions were raised regarding what wc would do if they cut budgets. Another question was raised about how boards would feel with a contract similar to that of SEATS with a set amount that has scheduled increases for a period of years. Although we arc the only library that they have a contract with, they use thc same formula with all thc other libraries. Swaim asked that we schedule this for thc September agenda and in the meantime, library staff consult with the City attorney about thc contract history with Scats and the County. If anyone has any comments about the response, pass them along to Magalh~cs or Craig. Patriot Act/Confidentiality A lot of reading material about the Patriot Act was included in thc packet. Nationwide there is a groundswell of public sentiment that has to do with the Patriot Act. Some of the provisions of the new law have sunset clauses. Justice Department has a strong interest in seeing that they don't lapse. Local request came from Julie Spears of the local Bill of Rights Defense Committee to endorse the statement made by the American Library Association. They are urging Board of Trustees to take a stand on this issue, and may be asking City Council to endorse it as well. The Iowa Library Association has already endorsed the resolution. Swaim moved that we endorse, on behalf of the Trustees, The ALA Statement on the USA Patriot Act. Schnack seconded it. There was discussion on posting a warning as proposed. If the resolution is endorsed, we do not need a formal action to post the warning. Staff is recommending that we post an informational warning. Magalhles asked, pending our endorsement of ALA statement, what could Board members do in terms ora statement. Some suggestions made were posting the ALA association's endorsement, along with a statement that ICPL Board has endorsed this. We could send notification to our congressmen; send a Press Release, to mention a few. There has been an article written for The Window. MagalhSes called for a vote. All were in favor. Board Minutes August 28, 2003 Page 3 Motion passed 7 to 0. MagalhSes offered to attend a meeting of the local Bill of Rights Defense Committee. Art Advisory Committee At the Board's direction, we advertised for applicants to fill two vacancies on this committee. Two individuals submitted application forms. Dyer recommended that the Board appoint Anderson and McClellen. Singerman moved approval. Dean seconded it. All in favor. Motion passed 7-0 Review of FY03 Annual Report Trustees complimented staff on the annual report. A question was asked about the plan to discontinue the adult multimedia collection. It will remain in temporary quarters but will be withdrawn before the move to the new facility. Librarians looked at the usc, time to process, check in and check out before making thc decision. It is a very high maintenance collection. The children's collection is marketed more to schools and items arc easier to load and run on the computer. Other questions. Magalh~es said, "It is impressive. Congratulations." Set a public hearing for Equipment package. This bid package is mostly AV equipment for meeting rooms to support sharing of all types of media; broadcasting live from meeting rooms, video taping in thc Children's Story Time room, etc. We have to use a bid process because of the estimated cost of the project. A public hearing on thc specifications will take place at the next meeting. Swaim made a motion that we set the public hearing for the early part of our September meeting. Singerman seconded. Public hearing is to allow interested parties to ask questions on the bid documents that are going to be on file at thc City Clerk's office. Ail those in favor said Aye. Motion passed 7-0. Request to fund Literary Walk art plaques. City Planning Director, Karin Franklin, and Craig have discussed the possibility of the Library funding plaques like the Literary Walk art plaques on Iowa Avenue. These plaques would be installed on the sidewalk by the library. The grand plan for the walk includes extending it down Linn Street to the Library. The same artist would work on them and the quotes have been selected. We nccd to chose which ones wc want. Thc City's Art Advisory Committee made thc selection. Craig is recommending a budget of no more than $25,000. If Board approves the funding, she will see if trustees can bc involved in selection of the plaques. Singcrman moved approval. VanDusseldorp seconded. Magalh~es expressed concern about spending a significant amount of money for the plaques. Craig said that money from thc building contingency fund or NOBU funds, which had been, was committed to building could be used. All in favor voted Aye. Motion passed 7-0. Board Minutes August 28, 2003 Page 4 Staff Reports: Prybil commented on the addition of stories at the Scanlon Center. Parks & Recreation Department has talked to us about continuing his popular programming. Swaim commended staff for partnering. Swaim asked about the recent worm viruses. He wondered if patrons call us for help. Clark said that patrons ask questions at the Reference Desk. Staffthere recommends other resources for help like the Help Desk at Weeg at the University. Our computers are very well protected from the virus. President's Report Magalh~tes reported that the State Library is celebrating its 165th anniversary. A full day of activities is planned on September 24 at the State Library. He recommended looking at Iowa Center for Book, web site that was launched last week and attending Voices from the Prairie program on September 19. He reminded trustees of the ILA annual conference in Cedar Rapids. Announcements from Members Foundation: VanDusseldorp reported on the quarterly meeting. The Investment committee revised investment guidelines in light of a plan to seek proposals from financial managers to manage invested funds. There has been lots of discussion about a major fundraising event. He looks forward to the planning session next month. Good time to talk about long-term approach. Swaim gave a report from the committee that has been looking at homeless issues. He reported that the committee developed a position paper and that Shelter House has offered to provide space in the morning. FY03 FINANCIAL REPORTS Receipts & Expenditures: FY03 Receipts were at 103% and expenditures were at 98.4. How secure are Eurich Iowa Funds? Craig thinks that we are not in danger of losing them entirely. There is concern about money for reciprocal borrowing. Ten years ago it was planned to be funded funded at $1.00/transaction. In fact it was funded much lower and we are now down to about $.27/transaction. This program does, however, continue to provide reciprocal service for Iowa City residents. Open Access use is growing. Craig does not think we'll lose it all but it is in danger of being cut. Board Minutes August 28, 2003 Page Disbursements Review Visa Expenditures for July 2003. Approve Disbursements for July, 2003 No disbursements. City is changing from one accounting system to a brand new one. We hope to have disbursements available next month. Set agenda order for September meeting Public Hearing County Task Force Questions FY05 Budget - first look Adjournment Adjourned at 6:30 pm after a motion by Swaim/Singerman Minutes taken and transcribed by Martha Lubaroff DRAFT POLICE CITIZENS REVIEW BOARD ~ MINUTES - September 9, 2003 CALL TO ORDER Chair John Stratton called the meeting to order at 7:03 p.m. ATTENDANCE Board members present: Candy Barnhill, Loren Horton, Greg Roth and John Stratton; Board member absent: David Bourgeois. Legal Counsel Catherine Pugh and Staff Kellie Turtle present. Also in attendance was Lt. Sid Jackson of the ICPD, and Public, Kevin Halstead. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #03-02. (2) Accept PCRB Report on Complaint #03-04. CONSENT CALENDAR Motion by Horton and seconded by Roth to adopt the consent calendar. · Minutes of the meeting on 8/12/03 · Minutes of the meeting on 8/14/03 · ICPD SOG#03-04 (Non-testimonial Evidence Collection) · ICPD Use of Force Report- July 2003 · ICPD General Order #99-01 (Police Vehicle Pursuits) Bamhill questioned SOG#03-04 regarding the consistency between the definitions and the procedures when referring to specimen collection. Motion carried, 4/0, Bourgeois absent. NEW BUSINESS Select Nominatinq Committee - Motion by Horton and seconded by Roth that Candy Bamhill be on the Nominating Committee. Motion carried, 4/0, Bourgeois absent. Motion by Barnhill and seconded by Roth that Loren Horton be on the Nominating Committee. Motion carried, 4/0, Bourgeois absent. Techniques of Objective Interviewinq - Catherine Pugh distributed a handout and led discussion on interview skills, and different types of situations encountered. Stratton added further comment on good techniques, and ways to talk with subjects. OLD BUSINESS No old business. PUBLIC DISCUSSION No public discussion. Lt. Sid Jackson had no report. BOARD INFORMATION Horton informed the Board that he would not be at the October meeting. Stratton mentioned that it would be very important for the other members to attend, as three are needed for a quorum. PCRB-Page 2 September 9, 2003 STAFF INFORMATION Tuttle asked Board members to check the member list that was included in the packet and let her know of any changes and that the list is a public document. Tuttle also mentioned updating the mediator listing. Letters went out and requested updated information and whether they are still interested in offering their services. Tuttle and Stratton briefly went over the public report writing process. Stratton stated that all members review complaints, and then a team is set up to write the report. Board members will work together until everyone is comfortable with the process. Stratton attended the City Council work session on September 8. There was a two-year review due for the PCRB. The Mayor said there were no major concerns and there would be no need for the Council to meet with the PCRB. Some suggestions were made for the PCRB members to be out in the public more, Stratton said that the Board would be happy to attend when an invitation is extended. Other comments were made regarding better communications between police and community. EXECUTIVE SESSION Motion by Horton and seconded by Barnhill to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which ara raquirad or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except whera disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedura that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Bourgeois absent. Open session adjourned at 7:46 P.M. REGULAR SESSION Returned to open session at 8:30 P.M. Motion by Horton, seconded by Barnhill to forward the Public Report for PCRB Complaint #03-02 to City Council. Motion carried, 4/0, Bourgeois absent. Motion by Barnhill, seconded by Roth to forward the Public Report for PCRB Complaint #03-04 to City Council. Motion carried, 4/0, Bourgeois absent. PCRB-Page 2 September 9, 2003 MEETING SCHEDULE · October 14, 2003, 7:00 P.M., Lobby Conference Room · November 11,2003, 7:00 P.M., Lobby Conference Room · December 9, 2003, 7:00 P.M., Lobby Conference Room Tuttle mentioned the November 11~h meeting and that City offices would be closed in observance of Veterans Day. The Board will check their schedules and consider changing the date to November 10th at the October meeting. ADJOURNMENT Motion for adjournment by Roth and seconded by Horton. Motion carried, 4/0, Bourgeois absent. Meeting adjourned at 8:35 P.M.