Jan 11 2021

OPINION: Arts Center Founder Advocates Lease Changes

The proposed lease for 801 Magnolia – West Wing creates a totally exclusive use of a public building by a private group.

As now President Sue Malick of the Center for the Arts, said to the City Council in March, 2011, “public buildings should be used by the public.”  And such use should never exclude citizens of our Piedmont community.

The proposed new lease contains absolutely no obligations for the Center to share the space with the community or even to spend funds on further capital improvements there.

The original, 2011 lease worked because the original Board of Directors of the Arts Center obligated themselves in that lease with the City to do specified work with private money to make this wasting asset a habitable, useful building and a gathering place for community arts & performances.

Only three of the original Board Members are still serving on the Arts Center Board; the majority of the Board members have a different vision. Since 2018, they have worked to eliminate all community events and to simply operate “an affordable venue rental.”

No-one is saying the Arts Center cannot be in this public building or that they cannot continue to rent it out for talented musical performances enjoyed by all. This is NOT about art; it is about control of a public asset—in this case a big public building!

The Arts Center proposed lease gives the Board the right to exclude anyone they want. There have been many verbal and written representations of what the Board intends to do; however, the actual proposed lease frees them from any and all inclusive community use or, in fact, any obligations whatsoever.

Once the lease is signed, the Center can do what they have been doing for the past two years, i.e. excluding all community use and just operating a rental venue for a profit.

I have struggled to find any reason for a City to completely outsource the running of a public building to a private group.

During the 8 years I was responsible for running this public building, the City of Piedmont conducted zero oversight of the building or our operations. They never checked the operation of the handicap lift installed for the City’s benefit, whether there was, in fact, acceptable handicap access, the smoke and fire alarms (which do not exist) or even if this 1905 building was safe in the event of an earthquake.  The City has attended to earthquake concerns and retrofitting with all of the other City buildings.

It was just as if the City was so happy someone else was running this “tear-down” for them, and “Hey, it’s art!,” so the City doesn’t need to be responsible. Is this negligence and considerable potential liability, now going to be continued for another 10 years?  Is that what this is really about? 

The City does not seem willing to take responsibility for the proper management and care of one of its largest public buildings, especially one they acquired to tear down. The City Council action in December 2020 revealed their intent to outsource control and liability for 801 Magnolia Avenue—and do it under the guise of supporting “the arts.”

Council members perhaps realized that the citizens would not know about the City’s negligence – people love going to arts programming there and the City Council will look great for supporting the arts! However, there is just no justifiable reason to create such exclusive control of a public building in a small town with few publicly-accessible spaces.

Giving the Arts Center Board 450 hours a year of free rental usage in the building at 801 Magnolia under Recreation Department control would certainly be a huge “support for the arts” by the City.

I sincerely hope the 2021 City Council will take time to investigate and publicly report on the safety and soundness of the 801 Magnolia building for public use, and consider alternative proposals for its use which would be inclusive rather than the currently proposed exclusive use.

The same musical performances would all continue for the town to attend and there would still be a “Piedmont Center For The Arts”.

Nancy Lehrkind, Piedmont Resident and Founder of the Piedmont Center for the Arts

Editors’ Note: Opinions expressed are those of the author.

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