August 2020

The August 11, 2020 meeting [postponed from August 4 because of foul weather] was called to order at 8:00 pm, via Zoom, by President Paul Fisher.

ROLL CALL

Virtually Present: Paul Fisher, Jay Wilensky, Peggy Karr, Jeff Canter, Dave Heistand, Todd Dennison, Elizabeth Lachowicz, Allan Kugel, Evelyn McNally, Lois DeRitter (officers and trustees); Bob McNally, George Otto, Mike Agranoff, Gary Pratt, Mark Schaffer, John Mahan, Evelyn Maurer (Committee chairs); Steve Humphreys (pro bono counsel); Kathi Caccavale (guest). Absent: Jean Scully, Lindsey Meyer, Sandie Reilly, Leigh Walker.

THIS MONTH’S MOTIONS

• In light of the as-yet informal resignation of Jean Scully as Secretary, the Board authorized Jeff Canter to try the position beginning with the September meeting. Additionally, Jay Wilensky agreed to serve as acting Secretary for the August meeting and to complete outstanding meeting minutes.

• Troubadour Program Chair Mike Agranoff moved for authorization to transition the Project’s Friday programming from Stayaway to Troubadour, beginning in October. The motion was tabled and ultimately withdrawn [see below].

• Treasurer Peggy Karr reported that the Project’s insurance broker advised that approximately $600 can be deducted from our liability insurance premiums in light of the lack of live Project events due to the Covid-19 situation, but that the necessary changes in coverage would be in effect until changed back. The Board authorized Peggy to make whatever changes to the policy she, in her sole discretion, deems appropriate.

ADMINISTRATIVE REPORTS

Treasurer: WRITTEN REPORT

Peggy Karr, in addition to the insurance issue noted above, reported that the Project’s finances are quiet [in light of the Covid-19 crisis, sec’y] but noted no problems.

Pro Bono Counsel:

Steve Humphreys, as pro bono counsel to the Project, gave a detailed report concerning our lobbying campaign to avert likely harm to the Project from S-863, a bill currently pending before the State Senate. [This report, upon Mark's motion, was presented to the Board sitting as a committee of the whole. Because of the general interest of the topic, and with Steve's concurrence, the report is summarized, sec'y.]

In counsel’s opinion, if the bill passed in its current form, it would require that the Project treat the musicians we engage as employees, rather than independent contractors as we always have. The reclassification as employees of musicians who perform for us would subject the Project to substantial tax, bookkeeping and reporting requirements. Steve noted, based on the experience of similar organizations under a similar California law, that reclassification would increase the Project’s expenses by 25% or more.

It is counsel’s opinion that harm to the Project and similar organizations would be prevented by a one-sentence amendment to the bill which would exempt entertainers from re-classification. Such an exemption already exists in the unemployment law, and could easily be extended to maintain the independent contractor status of our performers.

In March, counsel sent a detailed letter to State Senate President Steven Sweeny stating the Project’s position. Sweeney did not respond to that letter, but responded to other writers that the bill would not change existing law on the issue but rather would merely codify existing law, which is based on court decisions.

In counsel’s opinion, Sweeney’s position is legally incorrect, and the statute as drafted would in fact impose additional requirements for classification as an independent contractor that would require that we treat the musicians who perform for us as employees rather than contractors.

Steve’s law firm, Kelley, Drye & Warren LLP, has taken the Project on as a pro bono client. The firm has prepared a detailed legal memorandum explaining what the true scope and effect of S-863 will be for organizations such as the Project; will send the memo to sister organizations and ask them to join in our effort; and will then send the memo to Sweeney.

The memo will stress the following points: That S-863 would in fact change, existing law, and would harm the Project and similar organizations; that folk and acoustic music is culturally and economically vital to our State, and its presenters should not be burdened as S-863 would; and that the law as written would violate the First Amendment to the Constitution in light of our music’s status as protected speech. The finalized memorandum of counsel will be posted on the wiki, when available..

Steve reported that the Project has reached out to similar organizations and has received support but not concrete assistance. He stated that all organizations with an interest in the issue should be contacted. Mike Agranoff added that musicians, who also oppose reclassification, should be contacted. [Steve deserves our thanks for bringing his energy and expertise to this vital task, sec’y].

NEW BUSINESS

Situational Assessment

Trustee Allan Kugel called the question, “How Are We Doing?” He stated that as a result of the Covid-19 crisis, virtually all of the Project’s programs and activities other than Special Concerts are new, but that our resources are geared toward pre-Covid conditions *; accordingly, we are underutilizing those resources during the Covid crisis. Allan noted that the Stayaway is doing well artistically and technically and providing good audience interaction, without posing a financial risk to the Project, but that the live group activities that we have historically sponsored are not possible now.* Trustee Dave Heistand thanked Allan for focusing the Board’s attention on where we are strong and where we can improve.

Troubadour Friday Concerts

Troubadour Program Chair Mike Agranoff proposed to the Board that, beginning with two concerts in October, the Troubadour resume Friday-night concerts from MUF. Under Mike’s plan, concerts would begin as webcasts with a socially-distanced skeleton crew, and transition to live concerts when conditions permitted. The Stayaway has been presenting streaming concerts on Friday nights, and has planned to continue doing so as long as the Covid-19 situation does not significantly change.

Mike’s proposal was the subject of spirited debate. Mark noted that the issue was appropriate for consideration by the Board because it involved a conflict between two committees. Because of the lateness of the hour, debate was halted and the motion was tabled for reconsideration at a special meeting. [Four days after the meeting, and before a special meeting was held, Mike advised the Board that he would be withdrawing the motion, sec'y]. Elizabeth Lachowicz noted that the debate was at times overly-spirited, and reminded the Board of its previously-adopted Rules of Engagement. [Kudos to Mike for his dedication to the Troubadour and the Project, and for presenting a detailed and well-prepared proposal for the Board’s consideration; sec’y.]

COMMITTEE REPORTS

[Because of the Covid-19 situation, many committees reported little or no activity during the past month, sec’y].

Special Events: WRITTEN REPORTS:

Chair Mark Schaffer submitted a detailed report concerning the many successful Special Events that occurred in July.

Highlights include the presentation of nine streaming concerts in July by the Acoustic Stayaway, with a total viewership of approximately 1,500. The Stayaway also presented a live-streamed for-pay concert by Jeff Daniels that netted the Project $350, and, in conjunction with Madison Borough, a well-attended and safe drive-in concert featuring Vance Gilbert and our own Toby Walker. Mark noted Gary Pratt’s substantial contribution to the operation of the Stayaway as well as Deborah Graham’s participation. He also noted that our advertising spots on WNYC have been successful and fun, and thanked the anonymous donors who made it possible.

Mark also reported that the donation process during the Christine Lavin live-stream had been briefly hacked. With the assistance of Gary Pratt, Kathi Caccavale, and Web guru John Lamb, the hacking was halted and measures are being devised to prevent similar occurrences.

Also on a related topic, Allan Kugel recommended that we use our experience with the Stayaway concerts to establish best practices for music streaming.

Event Hosting: WRITTEN REPORT

Chair Jay Wilensky noted the ongoing success of the Monday Stayaway song circle, and that Projectiles who have moved as far away as Washington State are regular circlers.

Swingin’ Tern: WRITTEN REPORT

Troubadour: WRITTEN REPORT [Bookings noted in the Report will be cancelled in light of the withdrawal of the noted motion, sec’y.]

Newsletter: WRITTEN REPORT

Chair George Otto added that he is seeking submissions to fill space normally filled by the Troubadour schedule.

Community Services: WRITTEN REPORT

Chair Evelyn Maurer reported that she has caught up with a backlog caused by her illness. [The Board is heartened by the improvement in Evelyn’s health, sec’y].

Sound Reinforcement: WRITTEN REPORT

[The report details the success of the July 25 drive-in Vance Gilbert/Toby Walker concert, during which sound was set up and worked by Chair John Mahon and Mike DelVecchio, sec’y].

Troubadour Staffing:

No developments were reported.

OpenStage: WRITTEN REPORT

No developments were reported.

Membership: WRITTEN REPORT

Chair Gary Pratt added that he is up to date with sending renewal letters to members, and that a small but steady increase in membership has resulted from the Stayaway. Additionally, he has received un-earmarked donations to the Project.

Archives:

No developments were reported.

Publicity: WRITTEN REPORT

Chair Paul Fisher rested on his report.

HSNOI: WRITTEN REPORT

ONWARD!

The meeting was adjourned at 10:23. The next meeting will be held by Zoom on September 1, 2020, at 8:00.

Submitted in the spirit of the Project,

Acting Secretary Jay Wilensky