Here are the amendments again, with the responses from MCAD/201 on the Overture proposals. Of course, the council will have to first discuss if they are amending the alternate, or the alternate, alternate. And likely, few of these will pass with the responses from MCAD/201. I’m beginning to think they won’t have 11 votes for anything. And we’ll be doing a repeat on the 14th. Kudos to Satya Rhodes-Conway for having the one amendment they would agree to. So much for “negotiation”, it really just seems like an “our way or the highway” kind of situation. Here’s the letter that they sent with their responses. And the legal response to the amendments from City Attorney Michael May. If you want to discuss this, today at noon on WORT, A Public Affair, I’ll be joined by Shiva Bidar-Sielaff and Lauren Cnare. It’s a call in show! 256-2001.
Bold is added language, cross outs are deleted language for the amendment language. Then the MCAD/201 State response. Here is the original document with the MCAD/201 State responses.
Amendment No. 1
Sponsor: Ald. Satya Rhodes-Conway
Amend language:
“BE IT FURTHER RESOLVED, that the city acknowledges the ownership change of the facility, and, contingent upon the debt on the Overture Facility being fully paid, waives and releases its option to purchase the facility for one dollar at this time, but reserves the right of first refusal should 201 State Foundation, Inc. wish to sell the facility in the future, and,”
Response = YAY
Overture parties (OP) would agree to grant a right of First Refusal to the City.
Amendment No. 2
Sponsor: Ald. Thuy Pham-Remmele
Amend language:
“BE IT FURTHER RESOLVED, that the city pledges its financial support for Overture in the form
of a grant to 201 State Foundation, Inc., or its successors or assigns (“201”), subject to annual
appropriation, starting at$2.5 Million (Two Million Five Hundred Thousand Dollars)$2 Million (Two Million) per year in 2012 and adjusted by the change in Consumer Price Index methodology in the State’s Expenditure Restraint Program each year thereafter, the purpose of the grant being to support the Overture Arts Facility in an amount approximate equal to the former City subsidy and an amount for capital costs, and,”
Response = NAY
The Boards cannot support this amendment. The Boards believe that the $2.5M figure recognizes that the economic burden would remain entirely on the non-profit
Amendment No. 3
Sponsor: Ald. Thuy Pham-Remmele
Amend language:
“BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to
the city:
1. An annual payment in lieu of taxes (PILOT), starting at $500,000 per year in 2012 and adjusted annually by the same method as the grant described above.In the event that the City grant falls short of the full amount as described above, 201 may reduce the amount of the PILOT by an amount equivalent to the shortfall.”
Response = NAY
The Boards cannot support this amendment. The two sections go together and are fair to each of the parties.
Amendment No. 4
Sponsor: Ald. Satya Rhodes-Conway
Amend language:
Replace conditions #3 & #4 with new condition #3 located in: “BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to the city…”
3. An annual plan with objectives with respect to fund-raising, paid attendance, non-paid or reduced price attendance, seats sold, community programs and program diversity.
4. An annual report to the community comparing actual results of the objectives described in the annual plan, the causes of any failures to meet those objectives, and strategies to meet objectives in the future.”
“3. An annual report that details Overture’s progress on the following metrics:
I. Number of free events held and attendance at them
II. Number of free/reduced tickets distributed
III. Range of ticket prices for shows produced by Overture
IV. An institutional marketing program focused on increasing a sense of community ownership
V. Policies and programs that encourage more “informal” use of Overture
VI. Detailed information about fundraising, including copies of the current fundraising plan and a report on progress implementing the plan
VII. Amount of capital endowment increase”
Response = KINDA OK
We can agree to all of the metrics in the new paragraph 3 except for VI & VII. Fundraising plans and results can be reported annually as part of the annual planning and reporting mechanism put in place under the contract.
– That will include goals for individual, corporate, planned giving and other fundraising efforts that will take place during the fiscal year.
– In addition, the yearly audit including a balance sheet will report the increase in assets including any monies raised for endowment purposes.
– See attached fundraising plan provided to the Overture Ad Hoc Committee by Madison Community Foundation, our fundraising partner.
– Metrics should be included in the annual contract, not in the resolution.
Amendment No. 5
Sponsor: Ald. Lauren Cnare
Add language after “BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to the city…” clause:
“BE IT FURTHER RESOLVED, that to protect the interests of employees, benefit packages (health insurance options and retirement plan options) offered to employees shall be equally available for all fulltime employees, regardless of position or salary, excepting stipulations in any union contracts.
BE IT FURTHER RESOLVED, that to increase community engagement in Overture and its programs, 201 State Foundation or the Overture Development Corporation, or their successors shall establish and maintain a Community Advisory Board comprised initially of Madison residents broadly representing the community in terms of culture, ethnicity, geography, age and socio-economic level. The board will meet at least quarterly to advise on free programming and educational outreach efforts. Upon review, the membership may expand to residents of other communities, and shall expand if/when other municipalities make financial contribution to Overture.
BE IT FURTHER RESOLVED, that to increase community engagement, the Board shall accept 2 members recommended by the Mayor and 1 member representing the resident companies.
BE IT FURTHER RESOLVED, that the city and the 201 State Foundation or the Overture Development Corporation, or their successors shall execute an annual contract requiring these conditions:
• A contribution to a building trust fund of $250,000 until a $2 million level is reached. Contributions may be discontinued at the $2 million level, but must be reinstated if the value falls below the $2 million. Contributions may be made to exceed the $2 million based on management discretion.
• X number of educational/outreach events. (Average of last 3 years’ programs.)
• Presentation of free xx community programs for free or reduced prices. (Average of last 3 years’ programs.)
• Successful fundraising equal to or greater than one half of the city’s annual contribution.
• Development of a 5-year strategic plan.
• Written notification when stated annual fundraising projections will fall short by more than 25% of goal.”Explanation: Based on the terms of this Alternate resolution (originally presented to the Common Council Organizational Committee on November 18, 2010) the City would relinquish its existing reversionary right to purchase the Overture Center property for a nominal amount, contingent upon the satisfaction of all past debt obligations associated with the facility’s construction and refinancing. The City would also pledge to provide annual funding to Overture at a net level of $2,000,000 per year beginning in 2012 to support both operating and capital costs. This annual support level represents an increase of approximately $700,000 per year when compared to the $1,297,473 budgeted in 2011 for Overture. In future years, the amount of financial support would be adjusted for inflation. Additional costs associated with the accrued employee benefits of current City employees working at Overture Center may be incurred by the City in 2011, 2012 or future years, depending on the specific timing of any changes in employment status resulting from this agreement. Additional information about any such changes is needed before the employee benefit costs can be estimated.
Response = KINDA OK
5.1 – Benefit Packages for Employees
We will make benefit packages available to all full time employees of the Overture Center Foundation.5.2 – Community Advisory Board
The Overture Boards welcome the suggested mechanism for community input. Because of the regional nature of our audience and our regional mission, we suggest including people from outside of Madison as well as Madison residents. Regional representatives can help develop support among other governmental entities.5.3 – Membership on the 201 State Board of Directors
The Boards provide these two suggestions to clarify this amendment and make it more workable.First, we would propose that the resident companies develop a mechanism to implement this requirement so as to avoid conflict of interests for the resident companies’ designee. One such mechanism could be for the resident companies to work together to nominate an appointee to the Board and a requirement that the seat rotate amongst the companies.
Second, we would acknowledge that the Mayoral appointments will be confirmed by the Common Council.
5.4 – Various Requirements
The Boards appreciate the Council’s continuing commitment to and desire to support Overture’s free and low cost programming. As Professor Undercofler reported, that programming is “impressive.” Overture tripled that programming over the last ten years.Even in 2008 when some members of the Budget and Audit Committee urged the Boards to rethink the mission of the organization and eliminate those programs, the Boards refused. It was vital to the mission and long term success of Overture.
The Boards agree to engage in a strategic planning process that will include broad community input and complete that process by the end of 2011.
The Boards agree to provide an annual programming and financial plan as well as an annual report detailing the results of that plan. That will include fundraising results. Financial staff and advisors indicate that it will take 90 days to complete.
We suggest that these requirements be included in the contract.
The Boards find the first bullet in the amendment unworkable. We must have the flexibility to manage the funds that we have. The entire burden of Overture maintenance and upkeep will be the responsibility of the non-profit. OP will work diligently to access the financial wherewithal to maintain it for the long term.
Amendment No. 6
Sponsors: Ald. Satya Rhodes-Conway
Amend language:
“BE IT FURTHER RESOLVED, that the City intends to end it operation and cooperation agreement with the Madison Cultural Arts District as of December 31,20112012, with current employees staying under that agreement until that date…”
Response = NAY
The Boards cannot support this extension of the transition timeline.
The financial impact on Overture of delayed transition is too high.
– First, the city is moving to a new accounting system to go live on January 1, 2012. The cost to change over to a new system which would be required with a longer transition period is significant. Those costs plus the expense to then transition back from this city system are better spent developing the new non-profit accounting systems.
– Second, increases in expenses during that time have not been contemplated in any of the financial projection.In addition and most significantly, uncertainty and living in a constant state of flux takes a significant toll on employees, their well being and their productivity.
Amendment No. 7
Sponsors: Ald. Brian Solomon and Ald. Mike Verveer
Delete and add replacement language:
BE IT FURTHER RESOLVED, that the city intends to end its operation and cooperation agreement with the Madison Cultural Arts District as of December 31, 2011, with current employees staying under that agreement until that date, after which 201 State Foundation or Overture Development Corporation or their successors shall be the employer of any personnel working at Overture, and,“BE IT FURTHER RESOLVED, that the city intends to end its operation and cooperation agreement with the Madison Cultural Arts District as of June 30, 2013, with current employees staying under that agreement until that date. Prior to that date, 201 State Foundation, Overture Development Corporation, or their successors shall develop a staffing plan for any personnel working at Overture.
The new staffing plan shall keep Overture personnel as City employees or offer other alternatives if those alternatives clearly demonstrate better opportunities for long term operational success. If alternatives are offered, they must include a clear plan for transitioning employees from City employment, including financial recognition for benefits negotiated in good faith through the collective bargaining process. Final staffing plan recommendations must be approved by the Madison Common Council. Failure to approve final plan will automatically initiate an additional three year cycle at the end of which alternatives can again be presented for final approval by the Madison Common Council.
To ensure a smooth transition of staff during the transition period, all future Local 60 vacancies shall be limited to Local 60 members unless no Local 60 member applies.
Additionally, 201 shall be subject to the Living Wage, Prevailing Wage, Sweatshop, Non-discrimination and Affirmative Action requirements of City’s ordinances, according to their terms.”
Response = MOSTLY NAY
7.1 – End of Transition Date
See response to Amend 6 above7.2 – Staffing patterns approved by the Common Council every three years
The Boards cannot support this amendment. The staffing plan for a non-profit model contained in the City’s Staffing Study outlines a reasonable approach. (See p. 14 and p. 28-32, Staffing Study for the Overture Center) Professor Undercofler noted that the plan under the Focus Model was also reasonable. In either plan, benefits would be at 26% which is common to the industry and to the local private market. That was confirmed by the City Staffing Study at p. 14 and Professor Undercofler.7.3 – Local 60
The Boards cannot support this amendment. Local 60 negotiations with the new Overture will determine employment transitions.7.4 – Adhere to local ordinances
The Boards ask that this amendment be stricken and the following substituted:
The Overture Boards and its successor operators agree to follow City of Madison ordinances that apply to city contractors.
Amendment No. 8
Sponsors: Ald. Shiva Bidar-Sielaff & Ald. Chris Schmidt
Add language following “BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to the city…” clause:
“BE IT FURTHER RESOLVED that, annual City appropriation shall be subject to a contract that sets forth specific performance standards and measures. These performance standards and measures shall be developed by March 30, 2011 by a Common Council Working Group on the Overture Center’s Future. The President of the Common Council shall create the Working Group by December 15, 2010.”
Response = ESSENTIALLY NAY
The Boards agree that a contract should guide the details of this relationship. Those details must be addressed through negotiation and full communication between the parties. The Boards welcome and encourage that communication so that all parties understand the opportunities and constraints associated with the management of the Overture Center.
However, this contract must be completed by December 10, 2010 to insure that the debt can be retired. Much of the work has already been done in the development of the term sheet completed earlier.
Amendment No. 9
Sponsors: Ald. Shiva Bidar-Sielaff & Ald. Chris Schmidt
Add language following “BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to the city…” clause:
“BE IT FURTHER RESOLVED, that,
• 201 State or its successor shall create an Overture endowment fund by July 1, 2011 containing a minimum of $500,000
• City of Madison appropriation shall be subject to the endowment fund reaching $100,000,000 by July 1, 2021.
• Annual fund growth expectation shall be set by the Common Council Working Group on the Overture Center’s Future.
• The President of the Common Council shall create the Working Group by December 15, 2010.
• Only interest and investment earnings of this fund shall be used to cover Overture Center capital and operating expenses.
• Investments of this fund shall be consistent with the City’s investment policies.”
Response = NAY
The Boards cannot support this amendment.
The Boards are unable to commit to raising an endowment of $100M within ten years. All fundraising experts agree that it would be impossible. Please see the comments of Kathleen Woit and Joseph Sensenbrenner to the Overture Ad Hoc Committee in September, 2010. The Undercofler report notes that the goals contained in the Focus Model are reasonable and attainable. They are significantly more modest.
Fundraising goals will increase due to the increased financial burden of the total building expenses. OP does not have the ability to bond at municipal interest rates for future capital needs as the city does.
Amendment No. 10
Sponsors: Ald. Shiva Bidar-Sielaff & Ald. Chris Schmidt
Add language following “BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to the city…” clause:
“BE IT FURTHER RESOLVED, that the City of Madison shall have auditing authority of finances of the Overture Center’s owner and operator.”
Response = NAY
The Boards cannot support this amendment as unnecessary use of taxpayer dollars since 201 State and its successor will be required by State of Wisconsin’s Department of Regulation and Licensing administrative rules to have an annual audit. This audit will be made available to the city upon its completion and as part of the annual reporting requirements under the contract.
Amendment No.11
Sponsors: Ald. Shiva Bidar-Sielaff & Ald. Chris Schmidt
Add language after last “BE IT FURTHER RESOLVED” clause:
“BE IT FURTHER RESOLVED, that the Board of 201 State or its successor will consist of 25 members that reflect the diversity of the City of Madison and engage the community by including, but not limited to:
• 6 City of Madison mayoral appointments, including at least 2 alders, one of which will be the Alder representing the area in which Overture is located,
• Individuals with significant fundraising expertise,
• Citizens with no connection to performing arts organizations, and
• Individuals from the resident organizations.”
Response = KINDA OK
See response to 5.3 above. [The Boards provide these two suggestions to clarify this amendment and make it more workable.
First, we would propose that the resident companies develop a mechanism to implement this requirement so as to avoid conflict of interests for the resident companies’ designee. One such mechanism could be for the resident companies to work together to nominate an appointee to the Board and a requirement that the seat rotate amongst the companies.
Second, we would acknowledge that the Mayoral appointments will be confirmed by the Common Council.]
Amendment No. 12
Sponsors: Ald. Shiva Bidar-Sielaff & Ald. Chris Schmidt
Add language after last “BE IT FURTHER RESOLVED” clause:
“BE IT FURTHER RESOLVED, that 201 State or its successor will follow Wisconsin open law requirements. Budget deliberations and votes shall not be conducted in closed session.”
Response = NAY
The Wisconsin Open Meetings laws do not apply to private non-profit entities. The Boards pledge to follow the laws and policies of community not-for-profits to invite the public to meetings and to notice them via Overture communication vehicles. Plans call to model by-laws after practices used by area non-profits such as the Goodman Center and the Madison Children’s Museum.
Amendment No. 13
Sponsors: Ald. Brian Solomon and Ald. Mike Verveer
Add language after last “BE IT FURTHER RESOLVED” clause:
“BE IT FURTHER RESOLVED that the following terms and conditions will apply regarding resident companies:
• 201 State shall form a Resident Company Committee in which each committee will maintain one vote. Recommendations passed by simple majority must be addressed by full 201 State Board in open session.
• All negotiated leases and agreements shall provide stability to each of the resident organizations. Rental rates must remain affordable for resident organizations.
• Any increases in rental rates must be brought before the Resident Company Committee before action by the full 201 State Board in open session.
• To the extent financially feasible, 201 shall allow and encourage free or reduced cost functions by resident companies. Resident organizations shall be charged reduced or free rates for events benefitting the community in this manner.
• Resident Company Committee shall develop priority scheduling plans (up to 2-4 years out) that supports programming needs. Plans and recommendations shall be brought before 201 State for consideration in open session.”
Response = NAY
The Boards cannot support this amendment. There is a process already in place to work with residents.
The success of the resident companies is integral to the success and mission of Overture. Rents and usage are determined by contracts with the resident organizations and reflect significant discounts. The economic model that has been developed anticipates a modest 5% increase over five years to the resident companies.
Overture currently has a Board level Resident Standing Committee to bring resident issues and suggestions forward. This committee will move forward to the new organization. Recommendations from the committee are and will be a regular agenda item for the new Board. Scheduling and rates are regularly discussed at this committee’s meetings.
Amendment No. 14
Sponsor’s: Ald. Brian Solomon and Ald. Mike Verveer
Add language after last “BE IT FURTHER RESOLVED” clause:
“BE IT FURTHER RESOLVED that the following terms and conditions will apply regarding the formation and operation of a Community Input Committee:
• 201 shall create and maintain a Community Input Committee made up of an equal number of appointees from 201 and the City. The City appointments will be made by the Mayor with confirmation by the Common Council. At least two members must serve as minority representatives, one each from the City appointee side and from the 201 State side.
• Each member will be awarded one vote on this Committee.
• Recommendations passed by simple majority shall be acted on by the full 201 State Board in open session.
• The Community Input Committee will oversee a public charette process that speaks with artists, donors, and a diverse array of members of the general public.
Final recommendations must be acted upon by the 201 full Board in open session and must be submitted for approval to the Madison Common Council by December 31, 2012. Additionally, 201 State must determine ways to incorporate recommendations into overall operations.
• The Community Input Committee shall conduct reviews and provide recommendations on the following areas:
o Access to galleries
o Allocation of MCF funds
o Facility main area activity planning
o Ways in which Overture can support and engage and encourage participation of and by non-resident art companies and art organizations
o Ways in which Overture can develop and maintain stronger relationships to communities of color”
Response = MOSTLY NAY
This amendment is similar to Amendment 5.2.
See comments to that below.“The Overture Boards welcome the suggested mechanism for community input. Because of the regional nature of our audience and our regional mission, we suggest including people from outside of Madison as well as Madison residents. Regional representatives can help develop support among other governmental entities.”
In addition, reports from the committee will be a regular agenda item at the new Board’s regular meetings.
Also see comments to Amendment 5.4
“The Boards agree to engage in a strategic planning process that will include broad community input and complete that process by the end of 2011. “
Amendment No. 15
Sponsors: Ald. Brian Solomon and Ald. Mike Verveer
Add language after last “BE IT FURTHER RESOLVED” clause
“BE IT FURTHER RESOLVED that the following terms and conditions will apply regarding governance:
• At least 20% of any 201 State Board and
• The Executive Committee must include at least one member with substantial experience in fundraising and financial management in the performing arts arena. Executive Committee will be comprised of appointments made by the Mayor and confirmed by the Common Council.
• Board meetings will be open to attendance by the public unless otherwise determined by 201. The Board shall establish in its bylaws the method and circumstances for holding meetings that are not open to the public. However, recommendations passed by simple majority of both the Resident Company Committee and Community Input Committee must be acted upon by full Board in open session.”
Response = NAY?
See answers to Amendments 5.3.
Amendment No. 16
Sponsor: Ald. Julia Kerr
Amendment to maintain current level of community programs and escalate annual using formula consistent with the calculation of the city subsidy (Note: Ald. Kerr will be providing formal amendment language)
Response = NAY
The Boards cannot support this Amendment.
The Alternate Clear/Cnare Resolution calls for all of the economic risk to be absorbed by the non-profit. In order to manage that risk, it is imperative that Overture have the flexibility to respond to changes in demand, economic environment and availability of programs. A formula cannot anticipate all the variables that go into programming.
The Overture Boards have demonstrated that we are completely committed to engaging in community programming. See response to Amendment 5.4.
Amendment No. 17
Sponsor: Ald. Julia Kerr
Amendment to maintain city three board members on operating entity and one on executive board to be nominated by the Mayor and confirmed by the City Council (Note: Ald. Kerr will be providing formal amendment language)
Response = MOSTLY NAY
See answers to Amendments 5.3.
Amendment No. 18
Sponsor: Ald. Julia Kerr
Amendment requiring acceptance by 201 State Foundation and MCAD of the capital needs projections prepared by the City of Madison (Andrew Statz’ report) (Note: Ald. Kerr will be providing formal amendment language)
Response = NAY
The Boards acknowledge that the facility study conducted by Andrew Statz for the city along with the Mortenson report is a thorough Capital Plan for Overture’s capital needs in the next fifteen years. The new Board will implement it subject to its ability to raise the resources to pay for those projects.
201 State will work to access the resources to pay for those projects but most of it will have to be raised in the community.
The Boards cannot commit to a particular schedule to complete capital projects.
Amendment No. 19
Sponsor: Ald. Julia Kerr
Amendment to require acceptance of annual audit by the City Council as a condition to releasing of operating subsidy. (Note: Ald. Kerr will be providing formal amendment language)
Response = NAY
See comments to Amendment 10 [The Boards cannot support this amendment as unnecessary use of taxpayer dollars since 201 State and its successor will be required by State of Wisconsin’s Department of Regulation and Licensing administrative rules to have an annual audit. This audit will be made available to the city upon its completion and as part of the annual reporting requirements under the contract.]
Amendment No. 20
Sponsor: Ald. Julia Kerr
Amendment establishing, by the City of Madison, retirement benefits consistent with existing benefits for eligible employees moving from city employment to private entity. (Note: Ald. Kerr will be providing formal amendment language)
Response = NAY
The Boards cannot support this amendment. Benefit plans for employees will be based on local industry norms. (See response to Amendment 7.2 above.)
Amendment No. 21
Sponsor: Ald. Marsha Rummel
A SUBSTITUTE ALTERNATE RESOLUTION
Establishing a City commitment to future grants to Overture subject to annual appropriation and annual reporting, and setting terms and conditions for such grants; and establishing a Madison Commission on Overture to make a recommendation on a sustainable model for Overture.WHEREAS, a group of generous community members have come forward and reached an agreement with the Overture Center’s lenders to resolve the Center’s remaining debt, and,
WHEREAS, under that agreement, the 201 State Foundation or the Overture Development Corporation, or their successors, will become the owner and operator of the Overture Center facility upon payment to the Overture lenders before December 30, 2010, and,
WHEREAS, the City has been informed that the debt will be paid, which payment also will release the City from any potential liability on its limited pledge guaranty related to the Overture debt, and,
WHEREAS, an interest in the long-term success of the Overture Center is shared by everyone in our community, and,NOW, THEREFORE, BE IT RESOLVED, that the city of Madison thanks the donors for their extraordinary generosity in supporting Overture as a vital community asset, and,
BE IT FURTHER RESOLVED, that the city acknowledges the ownership change of the facility, and, contingent upon the debt on the Overture Facility being fully paid, waives and releases its option to purchase the facility for one dollar, and,
BE IT FURTHER RESOLVED, that the city pledges its financial support for Overture in the form of a grant to 201 State Foundation, Inc., or its successors or assigns (“201”), subject to annual appropriation, starting at $2.5 Million (Two Million Five Hundred Thousand Dollars) per year in 2012 and adjusted by the change in Consumer Price Index methodology in the State’s Expenditure Restraint Program each year thereafter, the purpose of the grant being to support the Overture Arts Facility in an amount approximate equal to the former City subsidy and an amount for capital costs, and,
BE IT FURTHER RESOLVED, that as conditions of the grant, 201 shall provide the following to the city:
1. An annual payment in lieu of taxes (PILOT), starting at $500,000 per year in 2012 and adjusted annually by the same method as the grant described above. In the event that the City grant falls short of the full amount as described above, 201 may reduce the amount of the PILOT by an amount equivalent to the shortfall.
2. An annual audit, performed by an independent CPA selected by 201 and conducted in accordance with GAAP.
3. An annual plan with objectives with respect to fund-raising, paid attendance, non-paid or reduced price attendance, seats sold, community programs and program diversity.
4. An annual report to the community comparing actual results of the objectives described in the annual plan, the causes of any failures to meet those objectives, and strategies to meet objectives in the future.
The report is due within 60 days of the close of the fiscal year.5. The City’s support pledged herein is on an interim basis. Future support of 201 State or other owner or operator of the Overture Center is dependent upon a study, engaging the Madison community, being completed no later than October 1, 2011, making recommendations on the future ownership, operation, staffing and financial support of Overture. To obtain that study, the Mayor shall appoint and the Council shall confirm members of a Madison Overture Commission, with representation from City government, 201 State Foundation, prospective donors, Overture resident companies, members of the arts community with no direct association with Overture, and citizens with no allegiance to any specific arts organization or Overture. In addressing the ownership, operation, staffing and financial support of Overture, the report should also address the potential for long term private giving that will lead to a building endowment fund, an independent examination of the building and its financial needs, and an inventory of Madison’s artistic needs. The City will take appropriate action on the report in its 2012 Budget and thereafter. Current operations with MCAD and City employees shall remain unchanged until December 30, 2012, except for the change in the City’s grant as set forth above.
BE IT FURTHER RESOLVED, that the city intends to end its operation and cooperation agreement with the Madison Cultural Arts District as of December 31, 2012, with current employees staying under that agreement until that date, and,
BE FINALLY RESOLVED, that the Mayor and city clerk are authorized to execute any and all documents with 201 State Foundation, Overture Development Corporation and the Madison Cultural Arts District, all in a form approved by the city attorney, as shall be necessary to accomplish the purposes of this resolution.
Response = ESSENTIALLY NAY
The Boards will continue to provide a report to the Common Council on an annual basis. We would ask that the audit and the report be required 90 days following the end of the fiscal year, June 30. Financial advisors and staff caution that less than 90 days for an audit is very difficult to meet.
As to #5, the Boards cannot support this requirement. Much of this work has already been done. When Overture was first contemplated, a community process organized by Roberta Gassman took place. Stakeholders engaged in hundreds of hours of meetings to address most of the community concerns. Resident companies were deeply involved in the planning and execution of the Overture plan.
In addition, since the loss of the trust fund in 2008, the Overture Boards have sought community input through a strategic planning process in the fall of 2008. Significant resources have been expended using nationally recognized consultants both for the city and for the Overture Boards. There is a cultural plan current in progress for the city. Overture is engaged in that process.
The Overture Boards agree with the Council that Overture must continue to work to increase community “ownership” of the facility.
Once the Overture Center is stabilized, new and broader regional solutions will be explored for funding and programming. OP welcomes city, county and regional input. Creating more uncertainty about future operations is harmful to staff whose working conditions have already been affected negatively through the perils of the last few years. The city has shifted the entire risk to the nonprofit. In order to be successful in the first years, Overture must turn its complete attention to making this work by managing costs and by fundraising.
So there you have it, thanks for playing along council, but no, nope, no way.
