TOWN OF GILBERT ARTS ADVISORY BOARD REGULAR MEETING

GILBERT MUNICIPAL CENTER, 50 E. CIVIC CENTER DRIVE, GILBERT ARIZONA

January 5, 2004

BOARD PRESENT: Chairman Elizabeth Cress - Sweet, Vice - Chairman Dominic Sibbio, Board Member Jose Benavides, Board Member Alan Luse, Board Member Raphael Ngotie (7 p.m.), Board Member Wallace Taylor

BOARD ABSENT: Board Member Susan Fleming, Board Member Nancy Lane - Wagner, Board Member David Shelton

COUNCIL PRESENT: Les Presmyk, Donald Skousen

STAFF PRESENT: Cultural Arts Coordinator, Kimberly Grace, Town Manager, George Pettit, Recorder, Linda Stanley Tunney

OTHERS PRESENT: Susan Goodwin, Town Attorney, Helen Hollands, GFAA President

CALL TO ORDER:

Chairman Elizabeth Cress - Sweet called the meeting to order at 6:34 p.m.

ROLL CALL

Chairman Elizabeth Cress - Sweet asked the recorder Linda Stanley Tunney to call the roll and a quorum was determined to be present.

MINUTES - Approve Meeting Minutes of December 1, 2003

Chairman Elizabeth Cress - Sweet verified that everyone had a chance to review the minutes from the last meeting.

Chairman Elizabeth Cress - Sweet stated that a correction needs to be made on page 2 of the minutes. It says, “Board Member Elizabeth Cress - Sweet said she has a BFA in creative drama”? She said that it should read she has an MFA in creative drama and theatre for youth.

Board Member Wallace Taylor stated that he also has a correction on page 2 of the minutes. It says, “Board Member Wallace Taylor said he has a bachelor of choral music theory degree”? He said that it should read he has a bachelor in music of choral music education and a masters in theory and composition.

Board Member Jose Benavides stated that on page 3 of the minutes under “Election of Chair” a sentence needs to be added stating the following: Chairman Jose Benavides nominated Board Member Elizabeth Cress - Sweet.

The recorder Linda Stanley Tunney stated that there needs to be a correction on page 4 of the minutes under Herberger Graduate String Quartet. She said that Dominic Sibbio moved to have Vice - Chairman Elizabeth Cress - Sweet contact the Superintendent to get approval and lock down a date but he also seconded the motion. She was informed that Board Member Alan Luse was the person who seconded the motion.

A motion was made by Board Member Alan Luse, seconded by Board Member Dominic Sibbio to approve the meeting minutes, as amended, for December 1, 2003.

Motion carried 5 - 0.

COMMUNICATION FROM CITIZENS

Donald Skousen brought in a Looney Toon print entitled “The Good, The Bad & The Hungry”. He said he saw another one for sale recently for $1800. He wants to donate the piece of art to be hung in the children’s section of the Library. He will make a small plaque with his name on it to be placed near the piece. Acceptance of this donation will be placed on the next agenda. Chairman Elizabeth Cress - Sweet thanked Donald Skousen for his donation.

DISCUSSION/ACTION ITEMS

- TOWN ATTORNEY

Chairman Elizabeth Cress - Sweet turned over the meeting to Susan Goodwin the Town’s Attorney. Susan Goodwin gave a PowerPoint presentation on the Arizona Open Meeting Laws and Conflict of Interest. She said that all meetings of public bodies are open to the public. The council appointed the advisory committee so that makes it a public body. You must have a quorum in order to hold a meeting and talk about town business. She said you could hold a meeting by telephone or videoconference as long as the members of the public can hear the dialogue. Susan Goodwin stated that E - mail could constitute a meeting especially if a decision was made prior to a meeting. She suggested that information be shared by E - mail only. The Clerk’s office has a record of meetings scheduled for the year. In order to have a meeting the public must be given 24 hours notice and the Clerk’s office will post a notice or agenda in three locations. Susan Goodwin reviewed what must be included on the agenda. She said that you must try to as accurately as possible discuss matters on the agenda. She said that the open meeting laws are taken very seriously by the Attorney General’s Office and the Town Attorney’s Office. She reviewed the penalties that might happen if the open meeting law is violated.

Susan Goodwin reviewed with the group how to know if they have a conflict of interest. She said you must first determine if you have a “pecuniary” interest. The question to ask yourself is do I stand to gain or lose something of value from the decision? If yes, than do not vote on the matter or be involved with the discussion in any way. Susan Goodwin reviewed with the group what happens when you violate the conflict of interest laws. She said that if they have anything they think is a conflict of interest to consider calling her first, but if you know for sure just recuse yourself.

Chairman Elizabeth Cress - Sweet asked Susan Goodwin to speak about the citizen advisory board responsibilities, authority and boundaries and the formation of a 501© (3) group. Susan Goodwin said that each member on the committee was accepted by the council to advise them. They were appointed to help represent the community and what is being said in the community regarding art. She said some of their recommendations may be rejected by council because of budget or other factors. The most important thing to remember is that the committee gathers data and facts for the council. She stated that their power as set forth in the municipal code is to keep minutes, advise council on arts plans, art public sites, music and theatre and other performances, grants and receive and accept by council certain real property. Other responsibilities are to obey the open meeting law and conflict of interest law, provide council with pros and cons on information for recommendation. The last and most important one is that you are representing the Town in your position on the committee. Also the committee’s powers are limited to recommendations. They cannot enter into contracts or spend money raised because it becomes public money and the public money is the Towns. The money must be spent according to the Towns procurement laws and state laws.

There was discussion on the fact that funds raised by the committee should be spent by the committee only. Susan Goodwin said that if it was put into an ordinance, it would become more difficult to change an ordinance. However, the council could amend the ordinance.

There was discussion regarding when a citizen donates art to the Town can they write it off their taxes. Susan Goodwin said that Section 26 USC 170 provides that donated money and things to the Town are tax deductible as long as it is was for a public purpose.

Susan Goodwin gave Kimberly Grace an IRS publication on 501© (3) corporations. She reviewed why the board might want to set one up. It does give people additional incentives to donate because they can get a tax deduction. Susan Goodwin said that if they are serious about forming a 501© (3) they should contact a CPA. She stated that if they form a 501© (3) the organization would not be a part of the town. The money raised would not be part of the town. This would be done as a private organization. Les Presmyk said that the board could not receive any staff support or use of this building, etc. Susan Goodwin said that it doesn’t take a long time to become 501© (3) but it takes a long time to get a qualifying letter from the IRS. She said that the group could probably get an attorney to volunteer their time to form the 501© (3). Chairman Elizabeth Cress - Sweet asked if the group could work with a 501© (3) organization now. Susan Goodwin said yes. They could work with that organization but that it is a separate entity from the town. She reviewed three things that are required to receive public money. First, it must be for a public purpose; second, the town gets value or benefit from it and third, the town must justify it, sign a contract and audit it.

GILBERT FINE ARTS ASSOCIATION

Board Member Alan Luse introduced Helen Hollands the President of the Gilbert Fine Arts Association.

Helen Hollands shared information on the 30 - year history of the Gilbert Fine Arts Association (GFAA). The goal of the association is to provide arts to the public through education, performances and the public, who enjoy the performances they put on. They do not have a base to work out of so they rent facilities such as the Mesquite Jr. High Auditorium and the Boys and Girls Club to hold rehearsals and performances. There are subgroups that report back to the main committee. She reviewed all the programs that are offered through GFAA which have different names, such as TAFFY, FTROOP, Gilbert Youth Theatre, Gilbert Community Players, and the Gilbert Visual Arts League. The group is comprised of mostly volunteers with a paid accountant to do the books. They just received 14 nominations by the Arizonian this year.

Chairman Elizabeth Cress - Sweet asked if they have a standard operating budget for the year and how do they find financial support?

Helen Hollands stated that they use sales of tickets from the fall production to help with the budget. The youth groups set their own budget. GFAA takes 15% off the top, which provides insurance for productions as well as accounting, payroll and publicity for the performances. This year was the first year that GFAA did not get any financial support from the town.

Chairman Elizabeth Cress - Sweet asked if to get a program started they seed them?

Helen Hollands said yes.

Vice - chairman Dominic Sibbio asked if most activities are fundraisers.

Helen Hollands stated that most are fundraisers.

Vice - chairman Dominic Sibbio asked what the response from the community was.

Helen Hollands said that they raised $26,000 with the play Seven Brides for Seven Brothers.

Vice - chairman Dominic Sibbio asked if they have a group of people that can help the board with fund raising.

Helen Hollands said that utilizing art to raise more funds for arts is a great way to go. They used to have family memberships for $50 and than they tried a program where we have members go through an e - mail system. They developed in November a new program to show interest in the theatre through financial support and sponsorships. She said that the Town of Gilbert was the best sponsor they have had to date. This was the first year without the Towns funding. She stated that they just created a new sponsorship information flyer. She said they are willing to talk about bringing more art to the community with the Arts Advisory Board. You can get in touch with Helen Hollands by e - mail at helenhollands@qwest.net or www.gfa2.org. The GFAA office telephone number is 480 - 558 - 2028 and the Box office is 480 - 558 - 2070.

Chairman Elizabeth Cress - Sweet thanked Helen Hollands for coming and speaking with the group.

HERBERGER GRADUATE STRING QUARTET

Chairman Elizabeth Cress - Sweet said she received a call from the auditorium booking and there was a cost to do the quartet. She requested assistance from the Superintendent of schools and he said to have Kathy Wilson call him and submit a request for the use of the auditorium. There is only one date open and that is April 29. She said this may be cutting it too short to send out letters.

Vice - chairman Dominic Sibbio asked if it was doable.

Chairman Elizabeth Cress - Sweet said yes and that if it turns out that we can’t do it she will do it early for next year and place it on the agenda.

COMMUNITY SURVEY ON THE ARTS

Vice - chairman Dominic Sibbio said that the Community Arts Partnership subcommittee recommended doing two surveys. One for the citizens and one for the business community. It was agreed that Kathy Langdon from the Gilbert Chamber of Commerce would be invited to the next meeting to discuss the survey questions for the business community. It was suggested that the Chairman Elizabeth Cress - Sweet would contact Kelly Mixer at the Gilbert Independent to place the following three questions in the paper. Other places it could be published are in the Your Town, Town Website and the cable channel.

Vice - chairman Dominic Sibbio made a motion to have Chairman Elizabeth Cress - Sweet talk with Tami Ryall about placing the survey on the website and cable channel, Board Member Jose Benavides seconded the motion.    Motion Approved.

1.        Would you like to see more art related programs?
A.        Art Exhibits
B.        Arts and Crafts Festival
C.        Shakespeare in the Park
D.        Multi - cultural Arts and Music Festival
E.        ALL

2.        What form should funding come from?
A.        Donations
B.        Sponsorship
C.        Paid Admissions
D.        Other

3.        Would you support a 1/10 of 1% sales tax initiative?
A.        Yes
B.        No

Chairman Elizabeth Cress - Sweet asked if the group agreed to the following change to question 3. Would you support a sales tax initiative of up to 1/10 of 1% to support the arts? The group took a vote and the outcome was 3 agreed, 2 disagreed.

Board Member Alan Luse made a motion to invite Kathy Langdon to the next board meeting; Board Member Wallace Taylor seconded the motion. Motion Approved.

SUBCOMMITTEE REPORTS

None.

COMMUNICATIONS FROM STAFF

Chairman Elizabeth Cress - Sweet recommended that they look up the other board commissions and attend one of those meeting and report back to the board. Also, look at the Mesa Sculptures in the Streets program and think about if that is something you want to start in Gilbert.

COMMUNICATIONS FROM BOARD

Kimberly Grace asked who wanted to attend the SW Arts conference on January 30th at the Glendale Civic Center and she would take care of their registration. Announced that the current artist for the LOBBY FOR ART is oil painter James Wilson from Belfast, Ireland.

NEXT BOARD MEETING

Chairman Elizabeth Cress - Sweet said that the next meeting is scheduled for Monday, February 2, 2004 at 6:30pm in the Municipal Center, Conference Room 233. Please let Ms. Grace know if you will not be able to attend and give her any agenda items.

ADJOURN REGULAR MEETING

A motion was made by Vice Chairman Dominic Sibbio to adjourn the meeting and seconded by Board Member Alan Luse.

Motion Approved.

Chairman Elizabeth Cress - Sweet adjourned the meeting at 9:00 p.m.

ATTEST:

Recorder Linda Stanley Tunney

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