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HomeMy WebLinkAbout2011-07-05 Bd Comm minutesAirport Commission May 12, 2011 3b(1) Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION MAY 12, 2011 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline (arrived at 6:45 P.M), Steve Crane, Minnetta Gardinier, Howard Horan, Rick Mascari Staff Present: Sue Dulek, Michael Tharp Others Present: David Hughes, John Yeomans, Marshall Banks, Toby Myers RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Gardinier called the meeting to order at 6:00 P.M. APPROVAL OF MEETING MINUTES: First, the minutes of the April 14, 2011 meeting were discussed. Mascari noted that he did not see in the minutes the comment made by Jeff Edberg regarding the interested party going with a lease, versus a sale. Tharp stated that he would have to listen to the recording. Mascari further explained what he felt was missing from the minutes. Horan moved to approve the April 14, 2011 minutes as amended; seconded by Crane. Motion carried 4 -0; Assouline absent. Next, the minutes of the April 26, 2011 meeting were discussed. Mascari moved to approve the April 26, 2011 minutes as submitted; seconded by Horan. Motion carried 4 -0; Assouline absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Airport Farm Management — John Yeomans addressed the Members, stating that he was able to get the hay lease signed. He further explained what the lease arrangement entails and also responded to Members' questions. b. Aviation Commerce Park — Jeff Edberg — Tharp noted that he has not heard anything from Edberg since the last update message. Gardinier suggested he make contact with Edberg regarding the meeting change. Crane added that if Edberg has any updates it would be nice to get an email regarding those, since it will be another month before the Commission meets. c. FAA/IDOT Projects — AECOM — David Hughes Airport Commission May 12, 2011 Page 2 L Runway 7/25 & 12/30 — Hughes spoke to Members regarding this project, adding that the paperwork has been submitted to the FAA. They are now awaiting the close -out documentation. ii. Obstruction Mitigation — No updates. iii. 7 -25 Parallel Taxiway — Hughes noted that they did receive some feedback from the FAA. Dulek interrupted at this point, stating that they need to open the public hearing at this point. 1. Public Hearing — Gardinier opened the public hearing. Hughes continued, stating that he will share the FAA's comments with Members. Some revisions to the plans and specs were recommended. Hughes stated that one of these involves phasing of the safety plan. He then responded to Members' questions, noting that they hope to start construction by July in order to finish during this season. Gardinier then closed the public hearing. 2. Consider Resolution #A11 -11 Approving Plans and Specifications for Runway 7 -25 Parallel Taxiway Grading and Drainage — Horan moved to recommend Resolution #A11 -11 to Approve Plans and Specifications for Runway 7 -25 Parallel Taxiway Project; seconded by Crane. Motion carried 4 -0. Assouline absent. It was noted that on May 31 at 1:30 P.M. there will be a pre -bid meeting. d. 2011 Air Race Classic — Gardinier noted that they have 50 planes registered for the race. The discussion began with the diagram of how things will be laid out during the Air Race Classic. Gardinier noted some of the key areas at the main terminal building. She added that inspections will be done at the storage /maintenance hangar. Gardinier continued, sharing some of the local activities that will be taking place during the Air Race Classic. She then asked for others' opinions on doing some local advertising. Mascari suggested the Airport's web site and Facebook page. The discussion turned to the City Channels and the possibility of some advertising there. e. Corporate Hangar "L" — Tharp stated that plans are still progressing. They are working through some code issues right now. He further explained some of the changes they've made. f. Airport "Operations ": Strategic Plan Implementation; Budget; Management — (Assouline arrived) Tharp stated that Members have in their packets a copy of the "terminal building review," which was used to write the state grant application. Tharp continued, stating that he recently spoke at the Iowa City Noon Optimist Club's meeting, giving them an overview of the Airport's operations. He added that he and Gardinier have had a couple of meetings recently with the city manager regarding the Airport's debt repayment. Crane asked for some clarification on hangar rents, to which Tharp responded. A general discussion ensued, with Members talking about fuel prices and how this has affected recreational flying. g. Airport Signage — Tharp noted that he did not get a handout in the packet before the packet had been sent. He stated that he wanted to get Members' feedback on a few issues, and he shared some signage ideas. Mascari suggested the Airport install a sign as Tharp has recommended, and then rent space to those wanting to add their name. Members continued to discuss signage issues, with most agreeing that they do not care for the recommended design. However, they do agree that some type of signage is Airport Commission May 12, 2011 Page 3 needed for those doing business at the Airport. Tharp will look into this issue further and report back. h. FBO / Iowa Flight Training / Whirlybird Reports — Toby Myers with Jet Air spoke to Members next. He stated that they are going to be doing some landscaping soon, and Gardinier stated that she has some hostas and other plants she would be willing to donate to the Airport. Myers continued, stating that the air ambulance service is growing. Mowing has been the biggest task so far this season. Marshall Banks with Whirlybirds spoke next. He noted that once they get their FAA approval they will be moving in a larger helicopter. i. Subcommittee Report — Events - It was noted that the Sertoma Breakfast will be August 29th, and September 1 st through the 5th will be the EAA Ford Tri -Motor visit. The next meeting will be a report by the Infrastructure Subcommittee. j. Commission Members' Reports — Horan spoke to zoning ordinances and differences between the City's and the County's when it comes to cell towers. Members spoke briefly to this issue, questioning the FAA regulations. It was suggested that this issue be placed on an upcoming meeting agenda. k. Staff Report — Tharp noted his upcoming vacation times. SET NEXT REGULAR MEETING: The next regular meeting will be Thursday June 16, 2011, at 6:00 P.M. at the Airport Terminal building. Gardinier noted that she will be unable to attend this meeting, due to the Air Race Classic. ADJOURN: Mascari made the motion to adjourn the meeting at 7:30 P.M.; seconded by Crane. Motion carried 5 -0. CHAIRPERSON DATE Airport Commission May 12, 2011 Page 4 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM N N w � cn O N NAME EXP. 03/01/13 X X X X X X X Rick Mascari 03/01/14 X X X X X X X Howard Horan Minnetta 03/01/15 X X X X X X X Gardinier Jose 03/02/12 X X X X O/E O/E X Assouline Steve 03/02/14 O/E X X X X O/E X Crane Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time Z 3b(2) MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION ARPIL 21, 2011 — 6:30 PM EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Andrew Chappell, Cheryl Clamon, Scott Dragoo, Jarrod Gatlin, Holly Jane Hart, Michael McKay, Rebecca McMurray, Rachel Zimmermann Smith MEMBERS ABSENT: Charlie Drum STAFF PRESENT: Steve Long, Tracy Hightshoe OTHERS PRESENT: Deborah Lyon (Successful Living); Phoebe Trepp (Shelter House), Bill Reagan (Arc of Southeast Iowa); Roger Lusala, Roberta Eide, (Mayor's Youth Empowerment Program); Sandy Pickup (Free Medical Clinic); Jim Swaim (UAY) RECOMMENDATIONS TO THE CITY COUNCIL: The Commission voted 8 -0 (Drum absent) to approve the FY12 CDBG /HOME budget recommendations as outlined by staff. The Commission voted 8 -0 (Drum absent) to approve the Financial Terms for Housing Projects as recommended by staff. The Commission voted 8 -0 (Drum absent) to approve the Aid to Agency Budget Recommendations as outlined by staff. CALL TO ORDER: The meeting was called to order by Chairperson Michael McKay at 6:30 p.m. APPROVAL OF THE MARCH 10 AND MARCH 17, 2011 MINUTES: Zimmermann Smith moved to approve the minutes. Chappell seconded. A vote was taken and the motion carried 8 -0 (Drum absent). PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 21, 2011 PAGE 2 of 7 STAFF /COMMISSION COMMENT: Long provided an update on the Single Family New Homes Program. This is a program to construct 108 new homes to replace housing stock eliminated in the floods. Long noted that 77 of the homes have been sold or built and 31 are either under construction or soon to be constructed. Long said there had been a lottery drawing a few weeks prior to determine who would have first consideration for the program. Long said that a quick analysis of the program had found that the taxable value to the City is a $4.5 million increase over the homes that had been taken off -line by the flood. Long said that all of the contractors they have worked with are very pleased with the program as it helped to keep people employed during the last couple of years of economic downturn. Zimmermann Smith asked where the homes are. Long said they are scattered throughout Iowa City; including the Peninsula, Mackinaw Village, Olde Towne Village, Windsor Ridge, Whispering Meadows, Village Green and along Sycamore Street (General Quarters). Hightshoe said that there have not been many homes on the west side due to the cost of land and also because the developers did not have land available. The program limits the selling price to $180,000 or less. McKay asked if there were as many people interested in the project the third time around and Hightshoe said that the City always receives 20 -30 more applications than homes available. That being said, not everyone that applies will be able to secure the necessary mortgage or want the available homes in the program. Hightshoe stated that they will typically run through all the original applicants and the homes that remain will be on a first come, first served basis. Long said that the UniverCity Neighborhood partnership now has 25 homes that have been purchased or which have accepted purchase offers. Long noted that on Tuesday night City Council had approved the FY11 Action Plan Amendment for the Special Allocation Round. He said this means that the Housing funding in the amount of $1.2 million was approved for Isis Investments, Shelter House, and Southgate Development. DISCUSSION REGARDING FY12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) REQUESTS: • FY12 CDBG /HOME Budget Recommendations to Council • Review Financial Terms for Housing Projects Long explained that the FY11 Congressional budget had been passed and signed on Friday, and included a 16% cut to CDBG funds, and a 12% cut in HOME funds. Long said that staff had come up with a way to resolve the situation posed by the cuts. Long said that the year had been a pretty good one in terms of loan payoffs. When someone that has participated in the Homeowner Rehabilitation Program sells their home, funds are returned to the City for reallocation. Long said that the City always holds a little money back for contingency, so they were able to tap into some of those funds. Hightshoe said that she would go over the spreadsheet to explain more fully, after which the Commission can vote to approve, modify or do something entirely different with the proposal before them. Hightshoe explained that there was a cut of $115,551 to CDBG funding, and $81,359 to the HOME funds. The HOME funds were not of too great of consequence to HCDC's recommendation since the Commission had not allocated $87,800 in HOME funds during the allocation process. She did note that The Housing Fellowship's CHDO funding would have to go down by approximately $4,000, and that a CHDO predevelopment loan of $10,500 is not an HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 21, 2011 PAGE 3 of 7 eligible expense. As the City did not receive any applications that would qualify as CHDO reserve for City FY12, a CHDO pre - development loan is not allowed. Hightshoe said that there is enough money to cover the CDBG shortfall for this year partially due to higher than normal loan repayments and uncommitted funds, but that will not be the case next year. Hightshoe explained that there is presently a City Council set -aside for the Iowa City Economic Development fund. The fund currently has a balance of $147,000. By reducing the FY12 amount to $35,428 (opposed to $91,000) this fund would then have a balance of over $182,000 for FY12 projects. This would provide funds to assist 5 -6 businesses. In FY11 the fund assisted two businesses. Hightshoe said that staff has not utilized all the budgeted CDBG administration funds due to the administration of so many other projects including flood recovery programs, (Jobs, and the Single Family New Construction Program. These unused administration funds will be used to partially fill the deficit as well. By allocating more funds from loan repayments, using the uncommitted CDBG administration funds and reducing the Economic Development set aside for FY12, the remaining CDBG allocations would be unaffected. Due to higher than anticipated HOME repayments, staff recommends the additional HOME funds as well as the $10,500 that can't be used as a CHDO pre - development loan be applied to the Iowa City Housing Rehab. HOME program for comprehensive rehabilitation for owner occupied homes. She said that if there is another cut next year the decisions will get harder to make because the cushions being used to buffer the impact of the cuts this year will be gone. Long noted that staff has been working on this for the past couple of days in order to avoid cuts to applicant allocations. Chappell said that he was not comfortable with the cut to Economic Development until he heard Hightshoe say that the remaining funds were enough to fund six businesses in the next year. He said the idea of touching a set -aside is one that he takes very seriously. Chappell moved to adopt staff's recommendations, including those regarding the predevelopment loan. McMurray seconded. A vote was taken and the motion carried 8 -0 (Drum absent). Hightshoe noted that staff had reviewed the proformas and had come up with recommendations for allocation terms for each of the projects. She briefly ran through the various loan terms staff is recommending. Zimmermann Smith moved to accept staff's recommendations on the financial terms. Gatlin seconded. A vote was taken and the motion carried 8 -0 (Drum absent). McKay thanked staff for the great work they did on the allocations. DISCUSSION REGARDING FY12 AID TO AGENCY FUNDING REQUESTS: • FY12 Aid to Agency Budget Recommendations HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 21, 2011 PAGE 4 of 7 Hightshoe explained that there was a funding shortfall in this area as well. She said that the cuts had been made up for the most part, with the exception of the contingency fund. Long said that staff feels comfortable that the gap can be covered for this one year. Gatlin asked how often the contingency has actually been used in the past. Long said that his understanding was that it was not that often. He said that from what staff can gather the contingency fund is used very rarely. Zimmermann Smith moved to approve the staff funding recommendations and eliminate the contingency fund. Gatlin seconded. A vote was taken and the motion carried 8 -0 (Drum absent). REVIEW OF THE FY12 ANNUAL ACTION PLAN • Recommendation to City Council Hi�ghtshoe explained that the Annual Action Plan must be submitted to HUD each year by May 15 h. She said it basically outlines the budget that the Commission just approved. Hightshoe said that because the Commission has slightly amended allocation amounts, changes will also have to be made to the Annual Action Plan itself. Hightshoe said that the document has been out for public comment since April 1 st and will go before City Council on May 3. Chappell moved to recommend to City Council to adopt the plan with the changes discussed. Zimmermann Smith seconded. A vote was taken and the motion carried 8 -0 (Drum absent). DISCUSSION OF FYI PROJECTS THAT HAVE NOT PERFORMED PER THE UNSUCCESSFUL OR DELAYED PROJECTS POLICY: Hightshoe said that the only project that fell into this category is the MECCA project that was funded to replace /repair the doors and sidewalk. Hightshoe said that work will begin in the spring. MECCA fully anticipates having the project done by the end of the fiscal year. Hightshoe said that they have requested an extension through the end of the fiscal year. A consensus was reached to grant the extension. REVIEW OF THE FY12 ALLOCATION PROCESS: McKay distributed a memo containing his thoughts on ways the allocation process could be improved. McKay said that he believed a little more training or retraining for the Commission would be helpful. He said that a review of terminology, processes and uses for particular funding sources might be helpful to have on an annual basis. He said that consistency in terms of weighting, particularly in regard to the weight given rankings, would be helpful. McKay said that he also believes the ranking tools could be a little more user friendly. McKay said that the Commissioners were selected to serve because of their experience, knowledge and intere3ts and will have to make judgments from time to time that are not very scientific. He suggested that a sub - committee be formed to begin work on reviewing the process. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 21, 2011 PAGE 5 of 7 Zimmermann Smith asked if the goal of a sub - committee is to establish a rule specifically on how to weight things. She said that she believes the tool and the rankings will always be imperfect. Chappell said he too believed there should be a sub - committee to discuss the process and the forms. Chappell said that it makes no sense to him to tell applicants that they will weigh things a certain way and then to not use those weighted scores as a guide to funding. He said that if the decision was to be based solely on judgment then the applicant should not be expected to craft an application around the criteria for the rankings. Zimmermann Smith said that it was probably a good idea to have some sort of open forum for Commissioners to explain why their funding decisions for a given application might not match their rankings for it. She agreed that a committee was a good idea. Hart said she agreed that looking into the process and tools was a good idea. She said that she does not agree with the notion that applicants complete their applications in order to line them up with the funding criteria. Hart said her concern is that the rankings as they are currently configured advantage and disadvantage certain kinds of applications. Chappell, Hart, McKay and McMurray agreed to be on a subcommittee to discuss these issues. A member of the public suggested that after the Commission had reviewed the process it would be helpful for them to share their findings with the applicants. He said that most applicants recognize the issues that the Commission struggles with when making funding decisions. Hightshoe said that staff would also like input on the reports they put together on the applications. She said they have very limited time between when they receive the applications and when they need to get the reports in front of the Commission. She said that if there were things that were not helpful or did not guide their decisions then staff could simply eliminate them. DISCUSSION OF THE COMMUNITY DEVELOPMENT CELEBRATION Hightshoe explained that a Community Development Celebration is held each year to highlight the impact that CDBG /HOME dollars have made in our community. She noted that it might be even more important to have such a venue now that the CDBG /HOME budgets are being cut. Hightshoe said that Iowa City has been a CDBG entitlement community since 1974, and a HOME entitlement community since 1994. She said that HOME has funded over 300 rental units since 1994, in addition to all of the HOME funds that have gone to assist various owner - occupied projects. She said the committee only meets once or twice and then typically an intern takes on most of the planning duties. She said that staff needs Commission input on location, awards, and speakers for the event. Zimmermann Smith, Clamon and Drum will form the celebration committee. McKay said that it is important to get the word out to the public on the projects that have been funded. He advised Commission members and staff to do so whenever possible. Long noted that it is a good idea for members of the public to remind state and federal legislators of the impact of CDBG /HOME funds on the community and the populations that are impacted by those dollars. MONITORING REPORTS: Shelter House — Shelter, Rental Housing & Operations (Gatlin) Gatlin said that he is monitoring three Shelter House projects. The first project was funded in 2010 in the amount of $311,268. Construction of the shelter was completed and the 70 bed HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 21, 2011 PAGE 6 of 7 shelter is now open. The second Shelter House project is for rental housing that was funded in FY11; those funds have also been spent. Shelter House acquired a property and will use FY11 CDBG funds to rehabilitate the duplex into a six unit SRO property for persons with a verifiable disability, preference to military veterans with chronic mental illness. Shelter House operations funding in the amount of $2,888 was used as a cash match for the STAR Program's case management. Hightshoe noted that the Shelter House kitchen is up and running as a catering service; it is intended to train and give employment experience to residents as well as to provide operating income to the facility. A Shelter House representative offered to give tours at any time. ADJOURNMENT: Dragoo moved to adjourn. Zimmermann Smith seconded. The motion was approved 8 -0 (Drum absent). Z O N O U H Z w J CL O W W D Z C� L O U Z Q 0 Z O D O U w w r Z O Q N 0 Z w r .0 to N _ W .s E c a) N d Q Z O Z II II II II lW e) XOZ; N X X X O X X X X X X X X X X X X X M - O X X X X X X X X X M ti X X X X X X X X X N X X X X X X X X IL .— CN_ M_ ch N_ M_ �_ �_ N_ W O N O N O N O N O N O N O N O N O N H w J w Z Q V W = F- Q Q Z U } J _ W IL Z 0 O V Z = W w a Z U 0 0 0 (9 S N .0 to N _ W .s E c a) N d Q Z O Z II II II II lW e) XOZ; MINUTES HUMAN RIGHTS COMMISSION May 17, 2011 Lobby Conference Room APPROVED 3b(3) Members Present: Orville Townsend Sr., Dianne Day, Wangui Gathua, Harry Olmstead, Martha Lubaroff, Connie Goeb. Members Absent: Diane Finnerty, David B. Brown, Howard Cowen. Staff Present: Stefanie Bowers. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): No. CALL TO ORDER Day called the meeting to order at 18:03. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. CONSIDERATION OF THE MINUTES OF THE April 12, 2011 MEETING: Olmstead, moved to approve. Townsend seconded. The motion passed 6 -0. BACKYARD ABUNDANCE Fred Meyers presented to the Commission on helping children in the community through outdoor playscapes. Playscapes can be in public spaces (Recreational Center) or in private backyards. There is a program being held at the Iowa City Public Library on June 18th that will provide more examples and also tour some area playscapes. Commissioner Goeb is planning on attending and will report back to the Commission at the June meeting. HUMAN RIGHTS BREAKFAST Commissioners will provide a list of possible keynote speakers either at of before the June meeting. IMMIGRATION SUBCOMMITTEE Day updated Commissioners on the Know Your Rights program being held on May 28th at the Johnson County Fair Grounds. Commissioners Finnerty and Day will attend on behalf of the Commission. Bowers reported the Spanish survey has been completed. Commissioners decided to extend the due date for surveys for the online version if it is not online by Friday, May 20th. BUILDING BLOCKS TO EMPLOYMENT Bowers mentioned the Job Fair had 19 employers attend. Committee members are currently surveying employers who attended the Fair for feedback. DELVING INTO DIVERSITY Commissioner Day who attended this program felt the film was a good selection but in the future, felt it may be beneficial for the discussion portion of the program to make a clear link between the community and the film shown. Bowers will forward the comments to the co- sponsors of the event and let Commissioners know when future meetings will be held. FACES OF IOWA CITY Commissioners Olmstead, Lubaroff and Townsend will read through the training manual and report any edits to Bowers. Bowers will then send the training manual to participants. A press release will follow as well as a flyer to advertise the program. Human Rights Commission May 17, 2011 Page 2of3 YOUTH AWARDS Commissioner Day spoke on the highlights of the program. The program was recorded and replays on City Channel 4. FAIR HOUSING TRAINING Commissioner Olmstead reported that the program was well attended and provided useful information concerning service animals and companion animals. The program was recorded and replays on City Channel 4. BULLYING PROGRAM Commissioner Olmstead stated that the program was well attended and participants gave favorable reviews in the evaluations. UNIVERSITY OF IOWA CENTER FOR HUMAN RIGHTS Commissioner Olmstead mentioned an upcoming program the Center is sponsoring and also that the Center will be selecting a book for One Community One Book — Johnson County Reads in the near future. REPORTS OF COMMISSIONERS Goeb reported that she is working with the 50/50 in 2020, which is an organization that hopes to achieve political equity for Iowa women by recruiting, training, and mentoring women in sufficient numbers so that by the 100th anniversary of Woman Suffrage (the year 2020) Iowans will have elected females to fill 50% of the Iowa Legislature, the Iowa delegation of the U.S. Congress, and the office of the Governor. ADJOURNMENT Olmstead moved to adjourn. Lubaroff seconded. The motion passed 6 -0 at 19:14 Human Rights Commission May 17, 2011 Page 3 of 3 Human Rights Commission ATTENDANCE RECORD 2011 Meetin Date NAME TER M EXP. 1/18 2/15 3/15 4/12 5117 6/21 7/19 8/16 9/20 1o/18 11/15 12/20 Dianne Day 1/1/12 X X X X X Wangui Gathua 1/1/12 O/E O/E 0/E O/E X Martha Lubaroff 1/1/12 O/E O/E X X X Howard Cowen 1/1/13 X X X O/E O/E Constance Goeb 1/1/13 X X X O/E X Harry Olmstead (8 -1 -2010) 1/1/13 O/E X X X X Orville Townsend, Sr. 1/1/14 X X X X X Diane Finnerty 1/1/14 X X X X O/E David B. Brown 1/1/14 X X X O/E O/E KEY: X = Present 0 = Absent O/E = Absent /Excused NM = No meeting /No Quorum R = Resigned - = Not a Member 3b(4) IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED MONDAY, MAY 22,2011--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Hans Hoerschelman, Alexa Homewood, Nolan Klouda , Laura Bergus, Saul Mekies MEMBERS ABSENT: STAFF PRESENT: Mike Brau, Bob Hardy OTHERS PRESENT: Emily Light, Josh Goding, Kevin Hoyland RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Hoerschelman said if Grassley is unable to attend meetings in the future, the City should request an alternative representative be present. Goding noted that PATV's annual report was included in the meeting packet. There was in increase in the number of studio bookings and equipment checkouts. This can be attributed to outreach efforts. The number of workshop attendees for 2011 is up as well. A steering committee has been formed of SCTV volunteers to review SCTV's programming and training goals. Mekies said SCTV has accomplished a great deal with few resources. Hoerschelman asked about changes in the policy regarding Education Exchange. Hoyland said that in the past each school was required to produce at least one show for Education Exchange. That has not been required over the past year. Hoerschelman said Education Exchange has been a valuable program and it would be a loss for the community if it were to die due to lack of institutional support. Mekies said he would like to get an explanation from the superintendent why the policy on Education Exchange has been changed. Hardy said he reviewed a 2009 memo from the City legal department that looked at copyright issues as they relate to the local access channels. Regarding using copyrighted music, the access channels are covered under Mediacom's license. Streaming media is not covered. The City is covered under the City's streaming license. Regarding free speech rights, Hardy said there could be time, place and manner restrictions. There is no obligation for PATV to balance presentations of political speech. Regarding free speech restrictions at PATV, Hardy said only governments could violate someone's free speech rights so it does not apply to PATV. The City could be responsible for violation of free speech rights if the City imposed a restriction on PATV that would restrict someone's rights. The City's contract with PATV requires that they not restrict program content. Bergus said that it is not clear that PATV would not be a state actor if they were to infringe on someone's free speech rights. Brau said that with regards to use of music under copyright that Mediacom's license does not cover synchronization rights, which would be needed to use music in a video production. Hardy referred to the letter in the meeting packet in support of the CAP Act prepared for the Commission. A letter on behalf of the City Council will also be prepared. ELECTION OF OFFICERS Bergus nominated Hoerschelman for chair. Kouda seconded the nomination. Hoerschelman was unanimously elected chair. Mekies nominated Bergus for vice - chair. Klouda seconded the nomination. Bergus was unanimously elected vice - chair. APPROVAL OF MINUTES Bergus moved and Hoerschelman seconded a motion to approve the amended February 2011 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hoerschelman said he will write a letter of thanks to Gary Hagen for his service on the Commission and suggested that Hagen be invited to the next meeting so he can be acknowledged personally. Hoerschelman welcomed Homewood to the Commission. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet. After intervention by the City Mediacom did not require a subscriber to pay for a converter box that was destroyed in a fire. It would have been about $500. Mekies noted it is the actions of the City that enables such positive outcomes for consumers and absent City intervention the subscriber would likely end up paying for the converter box. Hoerschelman asked if the City needs to any action regarding Mediacom not offering 2 -hour repair windows. Mekies said he had a colleague who was offered a 2 -hour repair window on an Internet repair call, which is not subject to the 2 -hour repair window. Hardy said he is hopeful that when the local Moline call center is operational that customer service representatives will be aware that a 2 -hour repair window is required in Iowa City. Hoerschelman asked if the City had any data on how Mediacom's incoming calls from Iowa City are being routed to their call centers and if the City could get that information. Hardy said he will look into what information he could get. Mekies asked if there were any reason for the increase in the number of complaints. Hardy said that there are more complaints during the transition period for students and when the weather changes. MEDIACOM REPORT Hardy said that Grassley was recovering from surgery and is unable to attend the meeting. Hoerschelman said if Grassley is unable to attend meetings in the future, the City should request an alternative representative be present. Hardy said he will relay the Commission's concerns. Hoerschelman said he would like to ask if Mediacom plans to continue deep packet inspection and DNS redirection on their Internet service. UNIVERSITY OF IOWA REPORT No representative was present. KIRKWOOD COMMUNITY COLLEGE No representative was present. PATV REPORT Goding noted that PATV's annual report was included in the meeting packet. There was in increase in the number of studio bookings and equipment checkouts. This can be attributed to outreach efforts. The number of workshop attendees for 2011 is up as well. The new digital playback system is up and working well. The playback system allows for insertion of short promotional pieces for programming, PSAs, and station identification spots. A new Spanish language arts and entertainment program is on Friday nights at 10. PATV, in conjunction with the library, will have a booth at the Iowa Art Fest focused towards children. Permission to tape performers at the Jazz Fest is being pursued. Among the ongoing series being recorded are the readings from Prairie Lights, the concert series at Uptown Bill's, Talking with Yale Cohn, and The Smartest Iowan. The next board meeting will be May 19 at 7 p.m. The guidelines workshops are the first Monday of each month at 7 p.m. PATV is working on some revisions to their guidelines to accommodate requests for staff production assistance. Goding has been asked by the regional Alliance for Community Media to identify local access centers and people in Iowa to contact Congress members regarding the CAP Act. Hardy said he will work with Goding on the effort. Goding said PATV is on pace to raise $10,000 in 2011. Hoerschelman asked what viewer feedback PATV receives. Goding says he doesn't get much feedback from the public. Comments on the website regarding programs available online generate more feedback. A client satisfaction survey is being considered in preparation for the next contract renewal. Hoerschelman said setting up a phone account to receive text messages and promoting it on the channel might me a good method to get viewer feedback. SENIOR CENTER REPORT Light reported new programs include the Senior Center's spring forum where the public provided feedback on programs at the Senior Center and recordings of the Celebrating the Arts series. Other programs receiving playback are a program on driver safety, a profile of photographer Dick Sjoland, and a biography of Merrill Sparks. SCTV will record the musical Sparks wrote which was produced by the Senior Center and will be performed in May at the Englert Theater. Programs recorded in May include several concerts and an informational program on Medicare. Up coming programs include a project by a University professor dealing with oral histories regarding climate change in Iowa. In June, the Senior Center will offer the Lights, Action, Camera class on video production. The final projects from that class will be shown at the Senior Center's 301h Anniversary film festival in September. A steering committee has been formed of SCTV volunteers to review SCTV's programming and training goals. Mekies said SCTV has accomplished a great deal with few resources. Hoerschleman said SCTV might wish to make some PSAs to promote their programs. LIBRARY REPORT No representative was present. ICCSD REPORT Hoyland reported the school district has been running several new programs including the City High's honors program and several West High music concerts. The City High graduation will be recorded. It is unsure if West High will find someone to record their graduation. David Dude asked Hoyland to report that each school has been assigned several days each week in which they will have either an hour or half hour of time for which they will create programming. Training and internships are also being explored. Most of these programs will not be implemented until the fall. Hoerschelman asked about changes in the policy regarding Education Exchange. Hoyland said that in the past each school was required to produce at least one show for Education Exchange. That has not been required over the past year. Hoerschelman said Education Exchange has been a valuable program and it would be a loss for the community if it were to die due to lack of institutional support. Mekies said he would like to get an explanation from the superintendent why the policy on Education Exchange has been changed. CITY CHANNEL REPORT Hardy noted the quarterly report in the meeting packet. Katie Roche is on maternity leave. A part -time temporary employee has been filling in. A monthly program featuring City Manager Thomas Markus interviewing various city departments is now being cablecast. The rate review for the basic tier and equipment and installation charges is underway. Hardy is working on getting a complete list of contact information, including after hour contacts in case a channel goes off air, for the local access channels. COPYRIGHT ISSUES Hardy said he reviewed a 2009 memo from the City legal department that looked at copyright issues as they relate to the local access channels. The access channels are covered under Mediacom's license to use copyrighted music. Streaming media is not covered. The City is covered under the City's streaming license. Regarding fair use, Hardy said you must use very little to qualify for the exception. The issue of parody came up at PATV. Very little is permitted regarding parodies. Regarding free speech rights, Hardy said there could be time, place and manner restrictions. There is no obligation for PATV to balance presentations of political speech. Regarding free speech restrictions at PATV Hardy said only governments could violate free speech rights so it does not apply to PATV. The City could be responsible for violation of free speech rights if the City imposed a restriction on PATV that would restrict someone's rights. The City's contract with PATV requires that they not restrict program content. Bergus said that it is not clear that PATV is not a state actor as far as infringing on someone's free speech rights. Brau said that with regards to use of music under copyright that Mediacom's license does not cover synchronization rights, which would be needed to use music in a video production. The BMI /ASCAP license held by Mediacom would cover music used in situations such as music running under character generated text screens. Hardy said he does not know of any case where and access channel has been sued for copyright violations. CAP ACT Hardy said referred to the letter in the meeting packet in support of the CAP Act prepared for the Commission. A letter on behalf of the City Council will also be prepared. Hoerschelman moved that the Commission send the prepared letter. Bergus seconded the motion. The motion passed unanimously. ADJOURNMENT Mekies moved and Hoerschelman seconded a motion to adjourn. The motion passed unanimously. The meeting was adjourned at 6:59. Respectfully submitted, Michael Brau Cable TV Administrative Aide