After discussion and hearing from multiple members of the public, the Board of Education voted at its meeting on Tuesday, April 7, to allow The 12.14 Foundation to use Newtown High School’s auditorium and other rooms for its two planned productions this summer.

The 12.14 Foundation’s goal is to eventually develop a year-round arts center in Newtown. This is the third year the foundation will involve local students and residents in musical productions.

Last year the foundation presented 101 Dalmatians: The Musical and A Rockin’ Midsummer Night’s Dream. This year the foundation plans to present Liberty Smith and The Lion King, Jr.

While a number of public participation speakers — like 2013 NHS graduate Joseph Devellis, who spoke to his experience with the foundation — offered support for The 12.14 Foundation, some voiced concerns, primarily questioning whether the foundation should be charged rental fees for use of the high school.

Board of Education Chair Keith Alexander recused himself from voting on the decision near the start of the discussion, explaining he participated with The 12.14 Foundation’s productions last summer.

“I feel it is safest for me to avoid a conflict of interest by not voting on this particular subject,” Mr Alexander said. “I  will make the statement upfront, however, that I do support the program. I believe the 12.14 Foundation has a good plan and a they have the best of intentions. I have been very pleased with the work they have been able to do, but I’ll let my fellow board members make the decisions…”

Foundation Founder Michael Baroody, MD, then spoke before the board. He said he has heard a number of misconceptions about the foundation and wanted to make it clear that the 12.14 Foundation began in Newtown.

“I live in Newtown. This is the 12.14 Foundation. This is a home-grown Newtown-based nonprofit organization, and we are all taxpayers,” said Dr Baroody.

Dr Baroody also said the purpose of The 12.14 Foundation is to give the students involved the tools to succeed in life.

“The goal here is really to enrich these kids’ lives,” said Dr Baroody. “So we reached out to the Yale School of Management and got the director of the Leadership Development program … He got some of his friends, who are these high-powered people, to come and develop a leadership development program that synergistically meshes with our arts initiatives.”

While The 12.14 Foundation used the high school for its productions during the past two summers without being charged rental fees for the space, it was charged for custodial fees. Business Director Ron Bienkowski reported following the meeting that the foundation paid $12,032 for custodial fees in 2014.

Dr Baroody also explained that the cost to the foundation for the two productions last summer, which he said involved more than 200 local students, was $140,000. Professionals, he later told the board, who came to help with the show were paid, but at reduced rates.

To help the professionals who essentially moved to Newtown for two months last summer, Dr Baroody said the community offered help, his mother opened her home, and a local family donated its car so an actor could commute between Newtown and New York.

School board member Michelle Ku later referenced the school board’s policy on the use of its facilities, explaining that PTAs, the Newtown Parks & Recreation Department, all school organizations, Newtown youth groups, Newtown Scholarship Association, service/civic organizations, and organized recreational or cultural groups that do not charge “regular ongoing fees for instruction or lessons” are exempt from paying rental fees but will be required to pay all costs for “custodial services, food services, technical support, and security, when these services are required.”

Ms Ku said she realizes The 12.14 Foundation has decided to charge participation fees, which also came up during public participation, this year, but she questioned whether that would be considered “regular ongoing fees.”

Superintendent of Schools Joseph V. Erardi, Jr, reiterating a statement by Mr Bienkowski, said the school board has discretion on the issue.

“You have the right to offer opportunity to community members or organizations to use your facility,” said Dr Erardi.

Mr Bienkowski also said any money received by the district from charging for the use of its facilities is deposited into a custodial account, “anything that is exclusively for the facility use stays in that fund to be used for improvements for different areas of the school that get the use.”

After school board Vice Chair Laura Roche asked Dr Erardi to look into whether the high school brought in rental fees from other opportunities, Dr Erardi said in the past five years the space the foundation uses brought in “little to no revenue in the summer months.”

Board of Education Secretary Kathy Hamilton also noted that if the space were to be rented out, “the price cost out was over $156,000. So we are talking about real money.”

Dr Erardi wondered whether there would actually be $156,000 in lost revenue for the district if the facility would otherwise be unused. He also urged the school board not to “lose sight of the children” when making its decision.

Ms Hamilton later made a motion to postpone the decision to allow the 12.14 Foundation use the facility, but the motion failed, 4-2, with Ms Hamilton and board member David Freedman voting in favor. During the meeting Ms Hamilton argued for looking into the decision further, possibly creating a policy around nonprofit facility rentals, and possibly charging a reduced rental fee for nonprofits, especially with the high school auditorium renovation project set to start in January of 2016.

While Ms Roche said she felt the importance of reflecting on the decision, she also said she did not want to harm the foundation, which has auditions upcoming.

When the school board was deliberating the $156,000 rental fee, with The 12.14 Foundation planning to charge participation fees for the first time this year, Dr Baroody said charging the fees would be “a wash” if the foundation then had to pay the rental fee.

The board voted to allow The 12.14 Foundation the use of the high school auditorium and other areas in a 5-1 vote, with Ms Hamilton voting against the motion.

Voluntary Donations

While the motion passed by the school board Tuesday evening did not require the foundation to forgo its planned participation fees, according to Mr Alexander following the meeting, The 12.14 Foundation released a statement Thursday, April 9, announcing it would not be charging the planned participation fees:

“In response to the Newtown Board of Education’s decision to allow the 12.14 Foundation’s performing arts division, NewArts: Newtown Musicals, continued use of Newtown high school for its summer productions, the not-for-profit organization has decided to alter its summer tuition policy for its participants. Instead of tuition fees, NewArts will pursue voluntary private donations made by community members, including the families of children participating, to help offset the costs of the six-figure budget required to stage the summer productions.  The Foundation’s work continues to be for the benefit of Newtown’s students and the community at large. …

“For information on how to donate as well as information on the shows and auditions, please visit www.newartsct.org.

“The foundation appreciates the Board of Education’s support of its mission to utilize high-level performing arts and world-class leadership development to give our children tools for tomorrow.”