Reggae: Past, Present and Future

This note came in last night from a friend:

Here's my dad's take on the judge's ruling and the two
press releases that came out:

"Reading all this stuff is like reading different
versions of the Iraq invasion from Rumsfeld and
Kucinich! No reasonable person can understand what
the hell the judge ruled nor the reactions of the two
parties to the dispute. Did Dimmick forget there was another
court hearing?

Frankly, I didn't understand anything they said, and
just as frankly, don't give a damn. Redway must be on
the verge of anarchy."
--
My (my friend's) opinion is that at this point the Mateel should
take the best offer they've gotten from Dimmick and
get out now while they still can. I bet their
upcoming member meeting will be interesting.


My (Bob's) opinion? I'm thinking I was right when I waffled on the term unencumbered. After hearing the KMUD news last night where Tom Dimmick explained that the issue of the Mateel's lease will not be resolved until July 11, it's clear the battle is not over. BTW, the KMUD website now has an archive section, which should enable you to hear Estelle's report for yourself even if you did not tune in last night.
That's all for this morning, I'm heading down to the Farmers' Market where I'll probably be asked what's up with Reggae, then this afternoon, some of you will see me at Coco's benefit at the Mateel, where I'm certain the recent news will be the topic du jour.

I got a note this afternoon from my old friend, Gregg (not the same Gregg mentioned below re: the Coco benefit by the way). This is Gregg McVicar, a longtime radio pro, in fact he had the first reggae-themed show in Humboldt County on KHSU way back in the '70s, but that's another story. He's down in the Bay Area now, runs a syndicated show called Undercurrents. He sent me a copy of a PSA that showed up in his e-mail this afternoon (I received the same one) with the following note:

Bob,

What is this all about? An injunction?

Gregg

Around the same time I got an e-mail from a friend in Fresno, someone I camp with when I go the Reggae.

He writes,
I'm confused. Is it going to be Reggae on the River or Reggae Rising? I'm going to guess Reggae Rising because of the article about People Productions and the owners of Dimmick's Ranch partnering up against the Mateel. But I like the line-up for ROTR better.

Sean

I have to admit, I don't have easy answers for either of them. I think I'll have to give Gregg a call to try to explain what's happened to the festival he attended with me one time a few years ago. I don't know that I have a rock solid answer to Sean's question either, nor can I tell him if any of the RotR lineup booked by 2b1 might be incorporated into Reggae Rising if that side prevails -- or vice versa.

One more thing, I was just a little bit taken aback when I read the subject line for this PSA, "Reggae Rising Moves Forward Unencumbered." Does that sound kinda familiar? (See the post below titled "This just in.")

the PSA:

EVENT: Reggae Rising, Festival
DATE: August 3rd, 4th and 5th
PLACE: Dimmick Ranch/ French’s Camp, Piercy Calif.
CONTACT: Yvonne Hendrix, People Productions


COURT DENIES PRELIMINARY INJUNCTION
AGAINST PEOPLE PRODUCTION and THE DIMMICK RANCH
REGGAE RISING MUSIC FESTIVAL MOVES FORWARD UNENCUMBERED
ZIGGY, STEPHEN, and DAMIAN MARLEY ADDED TO LINEUP

[Humboldt County, CA April 27, 2007]

The honorable Judge Bruce Watson denied the Mateel Community Center’s request for a preliminary injunction against: People Productions, the Dimmick Ranch, and the Reggae Rising Music Festival. This highly-anticipated ruling clears the way for the Reggae Rising Music Festival to move forward unencumbered to bring you the best reggae festival of the summer.

The festival will benefit the Southern Humboldt community and carry on the 23 year tradition of being one of the largest fundraisers for its non-profits. Reggae Rising will take place on August 3rd, 4th and 5th at the Dimmick Ranch and French’s Camp in Piercy, California and will feature three days of camping and world renowned reggae music, situated along the picturesque Eel River.

This year's festival is dedicated to the “MUSIC” and the lineup promises to be unparalleled. We're proud to announce that ZIGGY MARLEY, STEPHEN MARLEY, and DAMIAN MARLEY have just been added. Each Marley brother will be performing their own set, backed by their own band. This is a first in the history of the Marley brothers!!!

In a recent interview, with the Eureka-Times Standard, Stephen Marley was asked: “T-S: As a performer, is that just another show, or is there a special vibe to that place?” Stephen: “No, it's not just another show. As you say, it's not really so much the name as the atmosphere, the people and the vibe. That's why it's not just another show, why it's special. It's just free. The vibe always free spirited, ya know? Down by the river, visit the people and pitch their tents. That type of free lifestyle, that, you know what I mean? When you hear my father say (singing), 'why can't we roam this open country,' it always remind me of that type of vibe, ya know, just being. You pitch your tent, the river is there, ya know, and the greenery, and the scenery. It get no better than that. So, it's not just another concert, but at the same time, it's not the name of it, really, but the vibe of it.”

Other artists confirmed are: STEEL PULSE, ABYSSINIANS, ANTHONY B, COLLIE BUDDZ, FANTAN MOJAH, FREDDIE MCGREGOR, HEAVYWEIGHT DUB CHAMPION, ISHI DUBE, MORGAN HERITAGE, QUEEN OMEGA, RICHIE SPICE, RICHIE STEPHENS, SLY & ROBBIE AND THE TAXI GANG with HORACE ANDY, TANYA STEPHENS, and WISDOM. Please check our website frequently as there are more acts TBA.

People Productions and its staff of coordinators have a two decades plus track record for hosting exceptional music festivals and will produce the event with the same expertise that has given them one of the best reputations in the industry.

an almost immediate response to the Dimmick Ranch/People Productions announcement. [Note: a second version of this came in at 6 last night "with typo corrected." I'm not sure what that typo was, but I swapped the new one in.]

[Thursday, April 26, 2007. Redway, CA.] The request made by the Mateel Community Center to have the courts intervene in a timely manner to stop the take over by Tom Dimmick and People Productions of our twenty-three year old fundraising event Reggae on the River has been denied today. The court’s ruling explains that it cannot establish at this time that a monetary settlement made on the merits of the lawsuit, once that lawsuit has been heard in court, will not successfully mitigate the losses the community center will suffer because of the coordinated actions of the private landowner and the previous production company, People Productions.

It is the Mateel’s position that it will ultimately prevail in the lawsuit and that the referee will rule that the Mateel has a right to hold its event per Mr. Dimmick’s original promise to the Mateel when we entered that contract. It is furthermore the position that the Mateel is the only applicant under the conditional use permit and remains the only applicant until it no longer has a right to possess the property or assigns the permit to another. Until then, the Commission should only be dealing with the Mateel as the applicant. Continuing to treat Mr. Dimmick as an alternate applicant only exacerbates the confusion and frustrates the Mateel in trying to protect the community's asset from being turned over to the hands of private individuals for their own private commercial gain.

The Mateel will continue to fight the hijacking of our equipment, records, infrastructure, intellectual property and investment, made by this community for over twenty-three years, by private individuals wishing to reap the gain. We will discuss the current circumstances with our members on May 7th at 6:00 PM at the Mateel Community Hall in Redway. Until then we hope to see our community at the Thursday, May 3, 2007 planning commission meeting to help us ensure the Mateel permit stays with Reggae on the River.

more "details," this time from the Dimmick Ranch...

COURT DENIES PRELIMINARY INJUNCTION; TICKETS ON SALE NOW AS REGGAE RISING SECURES RIGHT TO DIMMICK RANCH SITE

Mateel Community Center’s Attempt to Bar Competing Community-Focused
Festival Lacks Legal Merit; Reggae Vibes Continue to Flow Under New Name

PIERCY, Calif.; April 26, 2007 – After a much-anticipated ruling that ushers in a new era for the annual Southern Humboldt community reggae event, tickets for Reggae Rising, a music festival to be held on the Dimmick Ranch, Aug. 3-5, are on sale now.
Long-time producer People Productions and landowner Tom Dimmick have legally cleared the way to move forward with the event and continue to work to address the remaining concerns of the Planning Commission in producing this world-class reggae music festival, benefiting a variety of local non-profit organizations.

The ruling, issued by The Honorable Judge Bruce Watson after a hearing on Monday, April 9, denied the Mateel Community Center's request for a preliminary injunction against Dimmick and the Reggae Rising event. Parties to the lawsuit originally asked the judge to withhold his ruling in favor of progressing settlement negotiations; however, these talks have failed to produce a settlement, and the parties requested an expeditious ruling from the Honorable Judge Watson on Apr. 13.

“The entire Reggae Rising team feels a tremendous responsibility to this community – both the Southern Humboldt community and the broader reggae community. In living up to that responsibility, I have been through weeks of active settlement talks with the Mateel Community Center,” said Tom Dimmick. “The Dimmick Ranch has repeatedly offered the Mateel a yearly guarantee that would have funded its operating budget for the duration of the conditional use permit, but this offer was turned down. I also included payment for the infrastructure on my land and even went so far as to add a one-year deal for 2007 that would allow 2B1 to recover most of the costs it has incurred to date. Yet, the Mateel has refused to recognize the value in a 23-year veteran producer and has over-valued its trademark.”

Dimmick added: “The Mateel Board appears to be interested in a long and drawn out fight over ‘what could have been’ rather than ‘what is.’ In the meantime, we’re moving forward to put on the best reggae festival yet, which will secure relied-upon funding for our local non-profits.”

Dimmick owns the river-side land on which Reggae on the River was held in 2006 and controls the vast majority of parking and camping area necessary for hosting Reggae Rising in 2007. People Productions, a locally owned company, is led by Carol Bruno, who has produced the event since its inception, and employs many of the experienced coordinators who have worked Reggae on the River for 23 years.

The Dimmick Ranch was originally leased to the Mateel in 2005, with provisions for infrastructure development and “Item 10,” which assures that People Productions would serve as the production company for the term of the lease. In hiring 2B1, a new producer out of the Bay Area, the Mateel materially breached its lease with Dimmick.

Reggae Rising will benefit and feature goods and services offered by a variety of Southern Humboldt non-profit organizations.

“We are truly saddened by the deep divide that this entire situation has created within our community. However, this ruling places our focus squarely on the future and the many preparations necessary to make Reggae Rising a positive outcome from what has been a trying period. We look forward to putting the peace and love back into the community and the reggae music festival,” said Bruno.

The entire production team for Reggae Rising is committed to presenting a great community event what will bring attendees the music, food, beverage and merchandise they have come to enjoy in years past. Visit the Web site at: www.reggaerising.com.

A well placed source tells me that Judge Watson issued his ruling on the Mateel request for a preliminary injunction today.

He ruled against the injunction, which would apparently mean that Reggae Rising can now move forward unencumbered.

Details as they become available...

As promised, some details. I got a call a few minutes ago from Mateel E.D. Taunya Stapp. She was not happy about this post, in part because she learned that the judge ruled against the Mateel, but also because she feels I overstated things, first by omitting the word preliminary in my description of the injunction (correction made) and second by suggesting that Tom Dimmick and People Productions are now "unencumbered." (For what it's worth, I did waffle a bit by saying "apparently.") As she pointed out, the ruling does not decide any of the issues brought up. She suggested I call the Mateel's attorney, Bill Bragg, to have him explain what this means.
I did.
He had not seen the ruling yet, which, he explained, has to do with when his people check the mailbox at the courthouse. Dimmick's lawyers picked up the ruling earlier in the day.
To quote Mr. Bragg regarding what it means: "It's as clear as mud. It does not resolve any of the sustentative issues.
"If the preliminary injunction was denied, the case remains open."
Bragg and Stapp both figure the focus may now shift to the permit. As I pointed out to Taunya, it seemed pretty clear at the first hearing that the Planning Commission does not want to make the decision about who gets to put on Reggae, nevertheless the Mateel side was adamant in stating that the permit is in their name.
Taunya contends that Reggae Rising would have to get its own permit.
Bragg agreed that the Planning Dept. does not want to rule on the question, but, he said, the Mateel could force the issue by suing the county to make them decide.
As Tanya put it, "Now we're going to have to play hardball."

For some reason the Northern Lights section was omitted from my morning paper today. Someone sent me this except from Thadeus Greenson's interview with Stephen Marley where the subject of Reggae on the River comes up.

T-S: You've been to Humboldt County before, for Reggae on the River, right?

Stephen Marley: Yeah, many times.

T-S: As a fan, it's a very special place to see a concert, with the river and the vibe, have you heard it might not happen this year?

Marley: Yeah, I heard about it.

T-S: As a performer, is that just another show, or is there a special vibe to that place?

Marley: No, it's not just another show. As you say, it's not really so much the name as the atmosphere, the people and the vibe. That's why it's not just another show, why it's special. It's just free. The vibe always free spirited, ya know? Down by the river, visit the people and pitch their tents. That type of free lifestyle, that, you know what I mean? When you hear my father say (singing), 'why can't we roam this open country,' it always remind me of that type of vibe, ya know, just being. You pitch your tent, the river is there, ya know, and the greenery, and the scenery. It get no better than that. So, it's not just another concert, but at the same time, it's not the name of it, really, but the vibe of it.

T-S: So, even though you think the name might end, you think the vibe will continue with shows there?

Marley: Well, I hope the name don't have to end. I'm just saying, it's not really about the name, you know. It's the people. So, if the people should change, then maybe the vibe of it will change. You know what I mean?

T-S: Well, a lot of people would say that the vibe has changed since it started.

Marley: That shouldn't be. It should get better, if it's going to change in that sense. It shouldn't change to something else. No. 'Cause it's been years. I grew up on the river, you know what I mean, sometimes when we don't even have a record out...

[Note: the quote Stephen makes about "open country" comes from Bob Marley's song "Rebel Music."]

REBEL MUSIC (3 O'CLOCK ROADBLOCK)

I, rebel music
I, rebel music
Why can't we roam this open country
Oh why can't we be what we want to be
We want to be free

3 o'clock - roadblock, curfew
And I've got to throw away
Yes I've got to throw away
Yes I've got to throw away
My little herb stalk

I, rebel music
I, rebel music

Take my soul and suss me out
Check my life if I am in doubt
3 o'clock - roadblock
And hey Mr. Cop, ain't got no
(What you say down there)
Ain't got no birth certificate on me now

I, rebel music
I, rebel music
Take my soul and suss me out
Check my life if I am in doubt
3 o'clock - roadblock
And hey Mr. Cop, ain't got no
(What you say down there)
Ain't got no birth certificate on me now.

This showed up as a comment on an unrelated post, I decided to main page it since it seems to relate to the trademark issue in a roundabout way.

Reggae on the River Press Release

Vidalia, LA (OPENPRESS) April 25, 2007 -- Henry Turner Jr. and Flavor and Cosmic Force will co-headline the 3rd Annual Reggae On The River with special guest performers Ricky Starr and Cat the Mystic, along with selected acts from the Vermont Reggae Festival and traditional blues, gospel, African, Caribbean reggae and world beat music acts, to be announced soon.

This years’ theme for the two-day, family oriented, event is ‘Irie Healing, One Love –Aiding Racial Harmony’. The festival will also feature cultural food presenters, Jamaican/African & Native American arts and crafts booths, plus an on and off site Irie One Love Reggae themed art gallery, as well as a spoken word, court vibing poetry and storytelling. For an additional treat WMPR's DJ Selector from Jackson, Mississippi, will be performing with other guest DJ’s. Pre and after parties are scheduled, in Natchez, at Bobby J's, Under the Hill Saloon and Different Accents.

Admission is free, until 2pm, but in the spirit of love, a donation of $7.00 in cash or non-perishable food is appreciated. After 2 p.m. general admission/donation is $10.00, students and senior citizens $5.00, children 6 and under free at the gate, advance tickets $7.00. Donations benefit Feed the Hungry in Vidalia, Louisiana and The Stewpot in Natchez, Mississippi.

The festival will take place at the Vidalia Amphitheatre, located at 100 Front Street, Vidalia, Louisiana, from noon to midnight. Event producers are Ras Cathe’ and Henry Turner. For tickets log on to www.brownpapertickets.com or call Ras Cathe’ at 225-993-5595, Henry Turner at 225-952-0784 or Joanna Ballard at 318-868-3840.

Reggae On The River honors the 100- year-old tradition of marching from Vidalia, Louisiana to Natchez, Mississippi on Memorial Day, to honor the “Civil War Freedom Fighters” buried at Natchez Memorial Cemetery. This tradition was started by members of the Grand Army of the Republic, along with their Women’s Relief Corps organization.

Additional information contact:
Marcia N. Groff
310/855-0498
Entertainment Enterprises
656 West Knoll Drive, #104
West Hollywood, CA 90069

Addendum: I asked the Mateel's attorney, Bill Bragg, about it. He said it was a potential dilution of the trademark and the organizers have or will be asked to cease and desist using the name. Then I took a moment to look at the festival website -- it turns out it's actually called Reggae on the Mississippi River. Does that alter the potential trademark infringement?

This is the first portion of my column, The Hum, which hits the street tomorrow in the North Coast Journal. I called Coco today and just heard back from him a few minutes ago. He wanted to clear up one thing in particular. I thought his cancer was in his throat. It's in his tongue, and he's hoping that might mean something to someone who can help...

It was one of those phone calls. The caller-ID on my phone said St. Joe's. Not a good sign. It was my good buddy Gregg calling from a hospital room where he was visiting our mutual friend Coco Hogan, a longtime Humboldt resident, someone I've known since I started going to Reggae many years ago. Coco was a SoHummer back then, one of the guys who helped build the Mateel. He's been living in Eureka for a few years for reasons I needn't go into here, but he's always been a constant at Reggae, one of many hardworking volunteers who do what's needed: haul garbage, recycling, whatever, always with a warm smile.
I just talked with Coco for a little while -- it was a difficult thing for him to do. He's been diagnosed with tongue cancer, a serious bummer and, no, he doesn't have health insurance. What he wanted me to know was that he has a way to bring together the dueling forces down SoHum way: The Coco Benefit.
"I get along with everyone," he told me, "and they'll all be there." Friends arranged the event, which takes place this Saturday, April 28, all day, from 1-11 p.m. with free organic food, auctions, both silent and live, music by The Non-Prophets, Black Sand, Skunk Train, Something Different, Quantum, Corry Hanna, Anna Banana, Chris McCurdy and Peter Childs, Darryl Cherney, Andy Barnett, Andravy Mayes, Kim Sirean, and others plus a dessert potluck and a healing circle. Admission is whatever you can afford -- you know the drill. This is why you have a community center, a place to gather to help out a friend in need.
While it may bring the community together for a day, the party won't end the deep rift that's developed in SoHum over Reggae. That's a different healing circle. Coco's benefit brought me to the Mateel website this morning, where I found a just-posted file containing a series of offers and counteroffers between lawyers from both sides laying out possible scenarios for financial resolution. It's complicated business, and that's really what it boils down to, a business deal that will likely result in Tom Dimmick buying or renting the Reggae on the River trademark and doing the show with People Productions. That said, there's still way too much bad blood -- you can read it between the lines. My opinion? It's time to heal, make a deal and move forward, forget the past and get the party going.

The official Mateel press subcommittee met this afternoon. This is the statement they came up with, sent by Garth Epling. You'll notice some of it is redundant from the previous post pulled from the Mateel website:

[April 24, 2007. Redway, CA].

There has been a call for the Mateel Community Center (MCC) to be more forthcoming with details of the negotiations with Tom Dimmick over the future of Reggae on the RiverTM (ROTR). We have been as open as possible without disrupting the flow of our settlement talks. In the interests of dispelling rumors and, more importantly, keeping the community informed, we have posted Tom Dimmick's written offers made outside of mediation on the Mateel website and provide here a brief summary of the complex offer on the table at this time.

The MCC's Board of Directors does not want to sell ROTR. We would prefer that Tom Dimmick honor our lease and allow 2B1 Multimedia to produce the show and for the community to have an event this year. 2B1 Multimedia owns the license to produce Reggae on the RiverTM in 2007. Any deal that we make to sell ROTR will be subject to approval by the membership.

On the table are two offers to Dimmick. One is in the form of a lump sum payment by Tom Dimmick for the trademark, the right to produce the music festival, and the infrastructure. The alternative is a sale of the same things with payment on a yearly basis as long as he continues to produce the event. The counterproposal put forth by Tom Dimmick indicates he is not interested in endowing the Mateel up front, but instead would like the Mateel to still share the risk of ROTR being produced every year by making yearly payments.

The MCC has realized and expected to realize $250,000 annually from ROTR for the next nine years and that the Mateel paid for and owns the infrastructure that exists on Dimmick's property. In Mr. Dimmick's published letter to the community, he estimates this value to be around $300,000. Standard accounting practices require the inclusion of any labor to the construction of a long-term asset. The MCC's Board of Directors is confident that the actual cost of the infrastructure is much higher and have initiated an appraisal. Along with the value of the infrastructure, the Dimmick Ranch also is holding onto a lease payment of $33,333 made in October 2006 towards payment of the lease for 2007, even though Tom Dimmick has stated that there to be no valid lease in place between the MCC and himself.
In short, the Dimmick Ranch is holding on to community funds of the MCC, while we are forced to conduct fundraisers to raise money so events like the high school prom that happened last weekend could go on.


The MCC Offer to the Dimmick Ranch

The Mateel Community Center fully recognizes the importance to the broader community of nonprofits needing to have the event this year. We have asked, and will continue to ask for, a guarantee that the same non-profit vendors that attended ROTR last year would be offered the opportunity for the remainder of the present lease term. We included a non-competition clause that prohibits Dimmick from producing any event on his property during the first week of June so as not to conflict with the Summer Arts Fair. We've also asked that they allow all coordinators who worked the 2006 event to work on the 2007 show.

Thus, our initial offer to the Dimmick Ranch or through a company in which he has the majority ownership is that he shall purchase the right to produce Reggae on the River and the ROTR trademark for $2.9 million (the lump sum option). Additionally, Dimmick would pay us for the professionally appraised value of the trademark.

The equipment used to produce ROTR belongs to the organization whose funds were used to purchase it unless that entity has been reimbursed. Any equipment (canopies, stoves, refrigerators, furniture, etc.) that Tom Dimmick needs to produce ROTR in the future will be made available to him either by sale or rental. The MCC would retain the right to reproduce and sell all ROTR trademark materials including graphics and posters that pertain to ROTR events prior to the 2007 event. The MCC will receive back all its original art and graphic archives from past ROTR events.

The People Productions lawsuits would be resolved by an agreement to complete an accounting of the 2006 event; an agreement by People Productions to provide all documents necessary to perform an audit of any of the prior events in case any audits are conducted by government agencies; and an agreement to indemnify the MCC for any damages including additional taxes and/or penalties the MCC is ordered to pay by any government agencies resulting from the failure of People Productions to produce documentary support for such an audit.

2B1 Multimedia will assign its license to Tom Dimmick for the payment of $342,000. 2B1 Multimedia will have shared video production rights to ROR through a separate agreement with Tom Dimmick.

Performing artists booked by 2B1 for 2007 festival will be transferred/renewed to Tom Dimmick. 2B1 ticket sales account will be transferred to Tom Dimmick in a manner to avoid fees/charges from ticket sales agency.

We've also offered Tom Dimmick an alternative for him to purchase the ROTR trademark with the right to produce ROTR through a production company formed and owned by himself. The payments would be $240,000.00 per year or $20.00 per ticket, whichever is greater, with the ticket sales to be handled by an agreed-upon ticket agency. Tom Dimmick would give assurances of the production of the event by a certain date every year which will then obligate him to make the minimum payment to MCC for that year. If those assurances are not provided, the MCC would have the option to repurchase the ROTR trademark for $1.00 and produce the event itself. MCC would have an option to lease Tom Dimmick's property for a minimum of five years in the event that the festival reverts to the MCC.

The infrastructure that presently belongs to the MCC on the Dimmick property would be purchased by Tom Dimmick at its appraised value and paid over the remaining term of the existing lease. Additional terms would be the same as the alternative offer above.

The counter-proposal

In response, Tom Dimmick has offered $200,000 per year, starting in 2008. Tom Dimmick could choose at any time not to do the festival, leaving it to MCC, who would have a hard time scrambling to find a producer. If we could not find one, the MCC would get nothing.

Tom Dimmick would pay $320,000 over nine years for our infrastructure and equipment.

For this year, Tom Dimmick would purchase 2b1 Multimedia license from for the $342,000 that he has spent so far. The MCC would have to pay off any artists booked that People Productions doesn't want in their show.

Tom Dimmick requests all of 2b1’s to-date ticket sales for ROTR, which to our knowledge have far outstripped the sales of tickets to Reggae Rising.

Tom Dimmick's offer limits our access to the disputed ROTR books for the 2005 and 2006 concerts.


Final Thoughts

Negotiations are not over. Above we presented the initial exchange of offers. But we are still far apart. The Board of the MCC remain committed to protect the non-profit community center's assets for future generations. Whether or not there will be a Reggae on the RiverTM this year in 2007 or not remains Mr. Dimmick's choice.

See next post below for explanation...

I figured out how to post the faxed material, and in the interest of both sides' willingness to lay all cards on the table, I will post the rest of the material, but not til later tonight -- first I have some other work to do. You'll find one fax below. Double-click on the individual pages and they will get large enough to read without your microscope.

This just in... [Note: this too came with scanned PDFs (referenced herein) that I will try to post some other way. Any tips?]

Dimmick Ranch Press Release
April 24, 2007

In fulfilling the Dimmick Ranch commitment to this community, we have been in active settlement talks with the Mateel Community Center as evidenced by the documents posted to the MCC Web site and those that follow. In the interest of transparency, we have included the following to ensure the public a near complete view of negotiations. We have excluded a “100-Year Deal” offer presented by Boots Hughston and Taunya Staupp over Easter weekend as the MCC has stated that the third-party negotiations are not legitimate offers, despite the board’s approval of Boots’ negotiation attempts. These details were not made available previously in the interest of advancing the discussion; however, at this point, the parties are at an impasse.
Our goal in these proposals, as we have maintained since last fall, is to produce a successful event on Dimmick Ranch that supports our community and makes public safety a priority. This is why I originally entered into the contract for public use of the Ranch and included “Item 10” in the original lease agreement that assures People Productions will be the event producer for the term of the lease. I was banking on 23 years of production history and the capable local groups and individuals that have made the annual reggae festival happen.

Based on these failed negotiations and aggressive tactics, we question the MCC’s goal and call on the community to question its goal, as well.

Prior to drafting the formal proposals you see here and in the interest of avoiding a public spectacle, I suggested to the MCC board that I was willing to negotiate a truce. This included leaving the Reggae on the River name untouched (to avoid our current dispute over its value), substantial payments to MCC, provisions for reimbursing the MCC for the infrastructure improvements and ending the Dimmick Ranch’s relationship with the MCC. These early attempts were rejected.

The last offer made to the MCC by Dimmick Ranch includes:

· $342,000 to 2B1 for the 2007 license of the trademark in "Reggae on the River" name, and

· A guarantee of $240,000 per year (nearly $2 million total) to the MCC for the remaining eight years of the conditional use permit (CUP).


This offer wasn't accepted either, as the MCC has acknowledged. The counter proposals put forth by the board are exorbitantly expensive and filled with aggressive controls and constraints on the use of my property, not just for the term of the lease, but forever. All seems aimed at ensuring the MCC a steady income stream from the ROTR name in perpetuity – an unreasonable goal given that no trade name has infinite value, and I have been willing to preserve the event for the community under the Reggae Rising name. In fact, two other annual music festivals in the U.S are already using the Reggae on the River name. The MCC has also refused, despite repeated requests that might help to inform our offers, to make the details of its agreement with 2B1 available for review.

With the launch of Reggae Rising in February, we paved the way toward fulfilling our goal. In developing the Web site, talking with the local non-profits and coordinators and securing top-notch talent, we’re moving forward to put on the best reggae festival and community fundraiser yet.

We are truly disappointed that we’ve been unable to resolve our differences quickly and quietly.

Very sincerely,

Tom Dimmick

This is the contents of a PDF posted on the Mateel website this morning detailing the Mateel's offers for Reggae. I'm still reading it, but thought I'd throw it up here in the meantime since most would not find it on their own.
[Note: When you read this you will get to a point where the PDF includes Tom Dimmick's lawyer's response to the offer. It's a scanned document so it's not going to show up as text here. I'll try to figure out how to post it, but in the meantime you'll have to download the PDF. (http://www.mateel.org/rotrdoc_01.pdf)

Mateel Community Center

[April 24, 2007. Redway, CA] There has been a call for the Mateel Community Center to be more forthcoming with details of negotiations with Tom Dimmick over the future of Reggae on the River. We have been as open as possible without disrupting the flow of our settlement talks. In the interest of dispelling rumors and more importantly, keeping the community informed, here is a summary of the current status of negotiations.
The MCC Board of Directors does not want to sell Reggae on the River(T). We prefer that Tom Dimmick honor our lease and allow 2B1 Multimedia to produce the show. We have recently put on the table two offers to Dimmick. One is in the form of a lump sum payment for the trademark, the right to produce the music festival and the infrastructure. The alternative is a sale of the same things with payment on a yearly basis as long as he continues to produce the event. We have included the recent exchanges made in official negotiations plus two formal written offers presented to the board prior to the ending of People Productions’ contract.
Any deal we make to sell ROTR will be subject to approval by the membership. The gross proceeds for this event in 2006 exceed 2.5 million dollars according to records kept by People Productions.
Negotiations are not over. But we’re still far apart. It remains this Board’s commitment to protect the non-profit community center’s assets for future generations.
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LAW OFFICES OF
BRAGG, PERLMAN, RUSS, STUNICH, RUDOLPH & EADS LLP
WILLIAM R. BRAGG 434 SEVENTH STREET Telephone: (707) 442-2927
RANDY S. PERLMAN EUREKA, CALIFORNIA 95501 Fax: (707) 443-2747
LISA A. RUSS E-mail address: RHBAP@pacbell.net
ANDREW J. STUNICH
JASON J. EADS
PAUL HAGEN MAILING ADDRESS:
P. O. Box 1248
* * * * * Eureka, CA 95502
DONALD B. ROBERTS, of Counsel
ANNE M. RUDOLPH, of Counsel
RONALD F. ANGELL, Reted
irMICHAEL J. HILL, Retired
April 11, 2007
Via fax (415) 989-1663
Jeffrey Knowles
Coblentz, Patch, Duffy & Bass LLP
One Ferry Building, Suite 200
San Francisco, CA 94111
Re: Mateel Community Center v. People Productions, et al.
Dear Mr. Knowles:
The Board has decided to make the alternative offers to Mr. Dimmick that are attached herewith. One offer is in the form of a lump sum payment for the trademark, the right to produce the music festival and the infrastructure. The alternative offer is a sale of the same things with payment on a yearly basis as long as he continues to produce the event.
The following factors were considered when making these offers:
1. Ms. Bruno (People Productions) who has been producing this event for many years projected that the Mateel would make at least $240,000.00 per year, even after Mr. Dimmick and People Productions were paid their guaranteed amount.
2. The Mateel retains ownership of the infrastructure it paid for which presently exists on Mr. Dimmick’s property.
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3. The Mateel will be giving up any right to negotiate a users fee from Mr. Dimmick for the infrastructure if he wants to produce other events on his property.
4. In addition to the $240,000.00 projected income, the Mateel was to receive wrist bands with a value of over $41,000.00.
5. There is definite bonus value to the trademark over and above the projected income off the ROR event. The Mateel has generated significant income from the trademark and festival for 23 years and has no reason to believe they would be unable to do so for the next 23 years.
Once you have had an opportunity to review these alternative offers, please give me a call.
Very truly yours,
WILLIAM R. BRAGG
WRB:pl
cc: John Vrieze (fax 444-9586)
The Attached Offer from MCC to Dimmick Ranch
Single Payment Buyout -
Mr. Dimmick personally or through a company in which he has the majority ownership shall purchase the right to produce Reggae on the River and the ROR trademark for:
$2,945,500.00 discounted to present cash value;
To this amount would be added the appraised value of the trademark arrived at by a mutually agreed upon qualified appraiser.
Additional terms would include:
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A non-competition clause that prohibits Mr. Dimmick from producing any event on his property during the first week of June for the remainder of the present lease term;
An option by Mateel to use his property for an event during the first week of June for the remainder of the present lease term;
A requirement that the same non-profit vendors that attended ROR last year would be offered the opportunity for the remainder of the present lease term;
All coordinators that worked the 06 event would be offered their positions for the 07 event.
The equipment used to produce ROR belongs to the entity whose funds were used to purchase it unless that entity has been reimbursed. Any equipment Dimmick needs to produce ROR in the future shall be made available to him either by sale or rental. Terms to be negotiated.
The Mateel would retain the right to reproduce and sell all ROR trademark materials including graphics and posters that pertain to ROR events prior to the '07 event;
The People Productions lawsuits would be resolved by an agreement to complete an accounting of the 06 event; an agreement by People Productions to provide all documents necessary to perform an audit for any of the prior events in the event an audit is requested by any governmental agency; and an agreement to indemnify the Mateel for any damages including additional taxes and/or penalties the Mateel is ordered to pay by any governmental agency resulting from the failure of People Productions to produce said documentary support for such an audit;
The Mateel will receive back all its original art and graphic archives from past ROR events.
2B1 Multimedia, Inc. will assign its license to Dimmick for the payment of $342,000.00 paid in three consecutive payments; May, June and July of 2007.
2B1 Multimedia, Inc. will have shared video production rights to ROR through a separate agreement with Mr. Dimmick.
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Performing artists booked by 2B1 for 07 festival will be transferred/renewed to Dimmick.
2B1 ticket sales account to be transferred to Dimmick in manner to avoid fees/charges from ticket sales agency.
The Alternative offer would be as follows:
Periodic Payments -
Mr. Dimmick will purchase the ROR trademark with the right to produce ROR through a production company formed and owned by Mr. Dimmick;
The payments will be $240,000.00 per year or $20.00 per ticket whichever is greater, with the ticket sales to be handled by an agreed upon ticket agency;
Mr. Dimmick shall give assurances of the production of the event by an agreed upon date every year which will then obligate Mr. Dimmick to make the minimum payment to Mateel for that year. If those assurances are not provided the Mateel shall have the option to repurchase the ROR trademark for $1.00 and produce the event. There will be an option to lease Mr. Dimmick's property for a minimum of 5 years in the event the license to produce the festival reverts to the Mateel.
The infrastructure that presently belongs to the Mateel on the Dimmick property shall be purchased by Dimmick at its appraised value paid over the remaining term of the existing lease.
Mr. Dimmick will return the $33,000.00 rent deposit.
Additional terms would be the same as the alternative offer above.
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Attached is the Dimmick Ranch’s Attorney Reply to the MCC offer. This is a scan of a faxed document. We will update it with the text document as soon as possible.
i i
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LAW OFFICES OF
BRAGG, PERLMAN, RUSS, STUNICH, RUDOLPH & EADS LLP
WILLIAM R. BRAGG 434 SEVENTH STREET Telephone: (707) 442-2927
RANDY S. PERLMAN EUREKA, CALIFORNIA 95501 Fax: (707) 443-2747
LISA A. RUSS E-mail address: RHBAP@pacbell.net
ANDREW J. STUNICH
JASON J. EADS
PAUL HAGEN MAILING ADDRESS:
P. O. Box 1248
* * * * * Eureka, CA 95502
DONALD B. ROBERTS, of Counsel
ANNE M. RUDOLPH, of Counsel
RONALD F. ANGELL, Retired
April 18, 2007
Via fax (415) 989-1663
Jeffrey Knowles
Coblentz, Patch, Duffy & Bass LLP
One Ferry Building, Suite 200
San Francisco, CA 94111
Re: Mateel Community Center v. People Productions, et al.
Dear Mr. Knowles:
I appreciate your comments put forth in your April 13th correspondence. They do not, however, change my clients viewpoint with regard to the value of this festival. They continue to be willing to accept Ms. Bruno’s projections of approximately $290,000.00 income that would be available to the Mateel through the production of the event for the remainder of the original agreement term. Historical income would indicate that your client is exposed to little risk, especially given the fact that the Mateel is reducing that income figure to $240,000.00 and the infrastructure cost that affected net profit in the last two years will not impact profit going forward. If your client does not want to commit to that amount the Mateel will share the “risk” by settling for $20.00 per ticket with ticket sales certified by an agreed upon ticket agency.
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The Mateel cannot agree to your clients “put” and “call” provisions. Although creative, it places the entire risk of the festival success on the shoulders of the Mateel. As I am sure your client is well aware, in order to obtain a production company under normal circumstances, that company would want to have some guarantee of multiple productions and would have to have significant lead time. Your clients proposal provides neither. It would give your client the ability to notify the Mateel that he did not want to produce the event in any given year with the knowledge that he could take it back the very next year. If the Mateel was unable to scramble and get a production company interested in the event, your client could then reenter with his own company and not be obligated to pay the Mateel anything.
Ms. Bruno recognized the need for a significant notification period in the event the Mateel had to change production companies. She agreed to a two (2) year advanced notice if she decided against renewing the contract.
The only security that the Mateel has concerning the payments that would be owed to it is the ability to regain ownership of the festival in the event your client defaults with adequate time to find a qualified producer.
With regard to infrastructure, you are correct that we disagree. The over $300,000.00 in improvements were made under paragraph 7 of the lease. They remain under the ownership of the Mateel and Mr. Dimmick may not use them without the Mateel’s prior consent (paragraph 7(d)). The Mateel is willing to resolve this issue by giving your client the option of having the infrastructure appraised at full replacement value followed by a sale to your client spread over the remaining years of the original agreement or leaving the infrastructure in the ownership of the Mateel as per the original lease.
Incorporating the above comments, the Mateel’s revised proposal is as follows:
SINGLE PAYMENT
In my previous correspondence I explained the basis of the lump sum payment amount. It is based on Ms. Bruno’s projections of income over the life of the original agreement, plus the value of the wrist bands reduced to present cash value with a return of the $33,000.00 rent payment that Mr. Dimmick has been holding. To this would be added any additional value of the trademark arising from your client’s ability to continue to produce ROTR indefinitely in the future. The lump sum payment option is still available to your client.
PERIODIC PAYMENTS
Mr. Dimmick will purchase the ROR trademark with the right to produce ROR through a production company formed and owned by Mr. Dimmick;
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The payments will be Twenty Dollars ($20.00) per ticket sold with ticket sales to be handled by an agreed upon ticket agency;
Mr. Dimmick shall give assurances of the production of the event for the next two (2) years by an agreed upon date every year. If those assurances are not provided, the Mateel shall have the option to repurchase the ROR trademark for One Dollar ($1.00) and produce the event. There will be an option to lease Mr. Dimmick’s property for a minimum for five years in the event the trademark and right to produce the festival reverts to the Mateel.
Mr. Dimmick shall have the option to have the infrastructure which presently belongs to the Mateel appraised at replacement value with the resulting amount to be paid to the Mateel over the next eight years. Alternatively, the infrastructure will remain the property of the Mateel with the right of Mr. Dimmick to use it upon obtaining prior written consent from the Mateel. Such use shall be subject to a separate agreement between the parties which is reasonably satisfactory to each.
Mr. Dimmick’s payments shall continue up through the year 2026.
Mr. Dimmick will return the $33,000.00 rent deposit.
ADDITIONAL TERMS
The same non-profit vendors that attended ROR last year will be offered the opportunity for the next eight years;
All coordinators that worked the ‘06 event will be offered their positions for the ‘07 event;
The equipment used to produce ROR belongs to the entity whose funds were used to purchase it unless that entity has been reimbursed. Any equipment Dimmick needs to produce ROR in the future shall be made available to him by sale or rental. Terms can be negotiated.
The Mateel will receive back all its original art and graphic archives from past ROR events and shall retain the right to reproduce and sell all ROR trademark and copyright materials pertaining to those events.
2B1 Multimedia, Inc. will assign it’s license to Dimmick for the payment of $342,000.00 paid in three consecutive payments; May, June and July of 2007.
2B1 ticket sales account will be transferred to Dimmick in such a manner as to avoid fees/charges from the ticket sales agency.
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The Mateel and 2B1 shall be responsible for any liability to performing artists booked by Mateel/2B1 that are not booked by Mr. Dimmick as long as agreement is reached prior to April 19th, 2007. If agreement is reached after that date Dimmick shall accept a transfer/renewal of the performing artist booked by 2B1 for the ‘07 festival.
The People Productions lawsuits shall be resolved by separate agreement between the Mateel and People Productions.
The Mateel will pay the outstanding debts as indicated in your last counter offer and will relinquish the ROR website.
Very truly yours,
WILLIAM R. BRAGG
WRB:pl
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Further Clarification From Mateel Attorney on Arbitration 04/18/07
LAW OFFICES OF
BRAGG, PERLMAN, RUSS, STUNICH, RUDOLPH & EADS LLP
WILLIAM R. BRAGG 434 SEVENTH STREET Telephone: (707) 442-2927
RANDY S. PERLMAN EUREKA, CALIFORNIA 95501 Fax: (707) 443-2747
LISA A. RUSS E-mail address: RHBAP@pacbell.net
ANDREW J. STUNICH
JASON J. EADS
PAUL HAGEN MAILING ADDRESS:
P. O. Box 1248
* * * * * Eureka, CA 95502
DONALD B. ROBERTS, of Counsel
ANNE M. RUDOLPH, of Counsel
RONALD F. ANGELL, Reted
irMICHAEL J. HILL, Retired
April 18, 2007
Via fax (415) 982-5287
Ellen Schuster, Sr. Case Mgr.
JAMS
Two Embarcadero Center, Suite 1500
San Francisco, CA 94111
Re: Mateel Corporation Center, Inc. v. People Productions, LLC, et al.
JAMS Ref. No. 1100050821
Dear Ms. Schuster:
This letter will constitute plaintiff’s (Mateel Corporation Center, Inc.) exclusion and ranking of the candidates proposed for designation as the court referee in the above-referenced litigation.
Plaintiff respectfully requests that the following individuals be stricken from the list:
Hon. Harry W. Low (Ret.)
Kenneth D. Gack, Esq.
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The remaining candidates are listed in order of preference as follows:
Hon. James L. Warren (Ret.)
Hon. Charles A. Legge (Ret.)
Hon. Daniel Hanlon (Ret.)
Hon. Laurence K. Sawyer (Ret.)
Hon. W. Scott Snowden (Ret.)
I note that you sent the list of arbitrators to the attorneys representing People Productions, LLC. The only issues being referred are issues involving the causes of action against Mr. Dimmick. The court declined to refer any of the causes of action involving People Productions, LLC. They were referenced by the court as being allowed to “participate” but no substantive dispute with that party was referred tot he referee.
People Productions should not therefore be involved in the selection of the referee, or of the fees. I have discussed this with their attorney, Mr. Vrieze, and he is in agreement.
Very truly yours,
WILLIAM R. BRAGG
WRB:pl
Enclosure
cc: John Vrieze (Via fax 444-9586)
Jeff Knowles (Via fax 415-989-1663)
Jim Aste (Via fax 445-2961)
Taunya Stapp
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The following are other previous offers written by Mr. Dimmick. This was received via email on 12/19/2006.
Taunya, Bruce, Garth..et al: Attached you will find a letter drafted by my attorney. It is my mediation letter that I gave to Steve Brown in strict confidence, but did not allow to be read by anyone from the MCC, in hopes that the mediation would result in a realistic solution that we could all go forward with. That, obviously has not happened, and the time has come for me to step in and resolve this situation once and for all. After speaking with Michael Richardson at the planning department yesterday, my direction has become quite clear. He stated flatly that the reason we got such a big permit was because PP was the producer and they have a 23 year track record of success. He went on to say that if the event has a new producer all of the state and county agencies will likely place more restrictions on the permit and keep a watchful eye on the event until the new producer proves their diligence. It is going to be very, very difficult for ROTR to succeed with out PP as producer. Furthermore, the producer you are negotiating with has a track record of running afoul of the government authorities and a reputation for not paying artist's royalties and publisher's royalties on recordings that his company makes. In the interest of protecting my conditional use permit, and continuing the tradition of a large scale community fundraiser, I am prepared to terminate your lease and produce a new festival of similar size and scope in 2007. This festival will mitigate some of the damages your breach of the lease has caused me, but I will be forced to seek additional damages via litigation if necessary. Please read the letter from my attorney and consider it a starting point for a resolution that we can make today. I would consider licensing ROR for a shorter length of time at a
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discounted rate in lieu of damages. This would give you time to find a new site and make all of the arrangements to use it. The equipment and improvements on my site would remain here. I feel that licensing the event to me at no charge for 2 years is very fair as is a 3 year license for $100,000. I would also consider an offer from you to buy out the remaining term on your lease. $600,000 plus the site improvements and equipment saves you well over $1,000,000 dollars in fees and damages. Perhaps you can find a turn key venue for ROTR 2007. I feel that the MCC leadership is capable of making a responsible decision tonight in our closed session meeting. I must insist that we do everything we can to resolve this today. If the MCC cannot make a decision, or put a reasonable counter offer on the table for me to consider tonight, then I will proceed with further legal action. Please understand that I am moving forward in a considerate, solution oriented manner and that time is of the essence and we can resolve this today. I also insist that this email and terms of this offer be held in strict confidence. Sincerely, Thomas M. Dimmick
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The following letter was hand delivered to staff at the Mateel. This was prior to Carol Bruno announcing at the Mateel annual meeting that she quit.
October 17, 2006
Dear Mateel Board and Staff:
This letter is to follow up on the issues and concerns I raised in my letter to you on October 11, 2006. Carol Bruno has told me, in no uncertain terms, that she will not, under any circumstances again produce the ROTR event for the current MCC administration. I believe we all know, or can surmise, the reasons for this decision. She is finishing up on the permit requirements with the county out of love for the event and the community it serves.
Quite frankly, no one could produce this event as well as Carol and People Productions. For 2007 they know what improvements to make, both in infrastructure and concert dynamics. It is a line item in my contract that she produce this event, as it is a line item in the contract I have with the bank that gave me the loan to purchase the venue property. I have no desire to terminate the ROTR contract I have with the MCC, nor do I want to replace ROTR with another large scale community event, nor do I want to see the MCC close its doors because of costly over runs in these transitional years. Sadly, however, this is the direction our entire project is being pushed.
After weighing many potential options and scenarios, I see only one that makes real sense for all of us. It is my hope that the MCC will seriously consider licensing the ROTR event to the Dimmick Ranch. This simple move guarantees the MCC a constant income, Gives the Dimmick Ranch authority over all the improvements and equipment on its land, and gives PP the freedom to continue producing this event to the best of its ability. The licensing option also quickly, cleanly diffuses the most dangerous component of all the recent hubbub…. we get this potential for, customer loosing event and organization tarnishing bad press behind us as fast as we can.
My attorney could draw up the license agreement tomorrow afternoon. The basic tenants of the agreement would be:
A nine (9) year total license of ROTR to the Dimmick Ranch for the sum of $120,000 per year. Paid in quarterly installments.
License would include outright ownership of all improvements, and equipment currently onsite, including bridges, as well as ownership of the ROTR conditional use permit and the lease agreement with Tom Dimmick.
The Dimmick Ranch would also grant to the MCC 200 general admission passes as well as 50 premium passes and group camping for the premium passes.
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Dimmick Ranch has the option to renew at the end of 9 years.
In the event that the MCC is sold or goes out of business, the ROTR event would belong out right to the Dimmick Ranch.
Tom Dimmick would also immediately refund the $33,333 payment recently made for the 2007 season.
I feel this offer is reasonable and expires in 72 hours. In light of the sensitive nature of the subject matter, I would appreciate this being addressed in a closed session meeting. If you have any questions, please feel free to call me, my phone # is [removed for privacy concerns].
Sincerely,
Thomas M. Dimmick
*Note from the MCC: other informal offers from Mr. Dimmick have been discussed or presented through third party negotiations but have not created any productive responses. They can be discussed at the next board meeting upon request.

I'm far from home, nowhere near Humboldt, but when I checked my mail this morning (on a friend's dial-up, which is maddning) I found this third-hand note. The hearing starts in a few minutes. Needless to say I will not be there, but if someone wants to send me a report, I'd love to hear what happened...:

I have been waiting to send you this email in hopes that Tom has been able to reach a settlement with the Mateel. They have been working for days. He has made a very nice offer that would solve the problems and guarantee them generous income into the future.

Right now, I do not know if they are going to accept or decline. If they decline, then we will be having the Injunction hearing tomorrow morning [Monday] at 8:30am in the Eureka Court House.

If they accept, then the hearing will only be to set a new date to give more time to finish the details of the settlement..

We do need folks and the coordinators to come and show support. I was hoping that you could send out an email for everyone to encourage them coming up for the hearing, Peace, Carol

I'm a bit bummed that I forgot to turn the Planning Commission hearing on when it started, or even TiVo it. I have a whole lot going on right now workwise, I'm preparing to get out of town for a week and I had pretty much forgotten the whole thing until a friend sent me an e-mail asking about a bet we have going. He's a longtime attendee (who shall remain nameless unless he outs himself) who is betting that Reggae is not going to happen this year. I say there's too much riding on it for it not to happen, it's too important to Humboldt County. He's buying me dinner at my favorite top secret restaurant at Reggae this year if it happens. I will buy him dinner in town somewhere if not. Anyway, he sent me a prodding e-mail last night asking where I'm taking him to dinner. I read it at about 7 o'clock and it jarred my mind to turn on the Humboldt Access TV feed of the hearing.

I missed Undersheriff Downey, who told the commission about rampant drug use at the festival. As reported by my newsy T.S. counterpart James F.G. Faulk, Downey contends it was like hot dog vendors at a ballgame or something like that. Having attended Reggae for many years, I'd say that's an exaggeration, but it's not news that people get high at Reggae, and yes, there are drugs to be had, mostly pot and mostly on the fringes from my observation. Apparently the high sheriffs are planning a more high profile for this year's fest with an onsite command post, hopefully not in the concert bowl where it blocks the view.

I also missed Taunya Stapp's presentation. And the Mateel lawyer. I caught the tail end of the Mossman, who seems to be the new operations director. From what I heard he was arguing that the festival is safe enough, and attendance numbers should not be lowered.

I hit the record button on my DVR and was going to get back to the other work I was doing, but the hearing dragged me in. I've been trying not to get obsessed by the troubles of SoHum since there's a lot of other things going on in the world, but the drama at the meeting was irresistible. Now I'm regretting the fact that I did not go in person, but what the heck, it was on TV. After I heard P.B. and Tom Dimmick speak, then the People Productions lawyer, Brad Floyd, I decided to spend the evening watching live and figured it might be a good idea to take some notes, but first there was a break, so I blogged some hot off the screen news immediately:

7:30 Break time right now. The lawyer from the Mateel just dropped some interesting tidbits: He says a referee has been enlisted to mediate, someone from JAMS, whatever that is (anyone know? thanks Bodie). This person will have power of a judge and could settle things as early as next week. (Somehow I doubt that.) The most shocking thing the lawyer said was that Reggae Rising (or will it be called RotR if they come to an agreement?) anyway whatever it's called, it will have a zero drug tolerance policy. Really? And there will be 50 uniformed security (rent-a-cops) patrolling the grounds for enforcement. I don't know if t-shirts qualify as uniforms -- if so what color would they be?
This suggestion was in response to a report by the under sheriff (which I missed because I tuned in late) who basically said drug sales at Reggae were out of control. Apparently the cops video-taped drug sales activity on site. (Anyone know where to find the vids on YouTube?)
The lawyer also said that People Productions and Reggae Rising will honor 2B1's Reggae on the River tickets, although he provided no details. (We'll get back to that idea later.)

Bouncing back just a little, Paul "P.B." Bassis addressed the board before the lawyer, saying pretty much what you'd expect, something to the effect of we've done a great job in the past and everything's fine, so don't mess with the numbers.

Tom Dimmick followed and again repeated his faith in P.P. to do a good job. One thing he said struck me, that a proposed deal with the Mateel would leave the Mateel with "the lion's share" of money from the festival. It's a potent image since the lion is a reggae symbol, but I suspect he's misusing the phrase lion's share. He has proposed giving the Mateel $10 from each ticket and that does not meet the definition as I know it.


(intermission over, from here on it's from my notes)
later on...

Boots spoke after the break, said People Productions has done a good job in the past. Then added: "The only problem is a drug problem." He reiterated that "absolutely no drugs" will be allowed. "No drug dealing or drug paraphernalia." His suggested enforcement would be different: undercover not uniforms. Violators would apparently be escorted to the gate and have their wristbands confiscated. Regarding ticket sales, Boots says Reggae on the River is only going to sell 4,000 for now, since contract issues are still unresolved as is ultimate possession of the permit. Another bomb dropped: Boots says he has secured two backup venues, I guess in case things don't work out with Tom Dimmick and the Mateel claim on the lease. (Where else would you put that many people?)

Piercy resident Cherie Porter was next, ranting about her longstanding complaints about impact on Piercy, but also suggesting that the commission "look at the Reggae chat boards" if they are still wondering about drug use. She also suggested that the sheriff or some other police agency should monitor all onsite communication, I suppose to see what emergency personnel are hearing about drug/violence problems. (Dan G. any comment?)

New Mateel board member Joe Hiney spoke next. The commission cut him off when he started to talk attendance numbers (he addressed that at the last meeting), instead Joe said, "Let's talk about drugs!" According to Hiney, "Everybody knows there's a lot of druggies at Reggae." He mentioned that the medical folks have a tent for trippers, then went on to say that Ecstasy is a big problem, one that led to rapes and molestation (did it? or is he repeated unsubstantiated rumors) with X "being slipped to girls to get into their pants."

[side note: Joe called Thank Jah Friday morning. They asked him if Boots really has two venues lined up and where they are. He said yes, but would not be specific about where. However he did mention later that the concert might not end up being in Humboldt. Where then?]

Keith Bowman spoke next, said that there's no drug problem in his campground, which BTW is in Mendocino County, not Humboldt, so the Mendo sheriff is the one who deals with it. Bowman says they (the Mendo cops) do not want to be on site. They want self-policing, which is what they've done, and it's worked. Bowman also supported Tom Dimmick's earlier plea to leave attendance levels alone, not drop them. And he hinted there was some sort of movement on the Mateel v. Dimmick/P.P. front: "We're on the verge of something good."

One more guy spoke, I did not get his name, but he basically said the festival has gotten too big in recent years "bringing L.A." up to Humboldt. He figures the commission should drop the numbers.

At that point to commission's discussion began. They asked for planning staff (Michael Richardson) to reiterate recommendations . He repeated what he'd said at the prior meeting about attendance, that last summer's count was over by around 1,400, so they should reduce sales by that much. Other issues that came up, drugs, greywater etc. should be addressed in the operations plan of whoever does the festival.

Generally speaking the commission seemed very unhappy that the issue of who gets to do the festival had not been resolved since the last time Reggae took over their bi-monthly meeting. One said flat out, "Everybody's concerned that the dispute won't be resolved."

Returning to the above mentioned promise that Reggae Rising will honor Reggae on the River tix, the chairman pointed out the flaw in that concept. What if both sides sell 10,000 tickets? That puts the show way over capacity. He later suggested that trying to turn people away at the gate would lead to riots in the street.

Commissioner Mary Gearhart suggested that a proper count was needed, not just of sales, but of the total number of people there.

Commish Sef Murgia noted, "We're not in Kansas anymore," and went on to suggest, "We're going to mess with the permit, change the number or whatever." His analysis for the promoters: "You may be a victim of your own success." He also pointed out, "There is only one permit, and we're not likely to issue another." So: there's just one festival.

Commish Hansis made reference to ramped up drug enforcement at the Oregon Country Fair and restrictions of drug use. (Is that true?) He says that it led to a decline in attendance by 10,000. (Again, is that true? I did a Google search and found little supporting evidence.) He wondered if Reggae attendance would drop off if drug use was banned.

Another commish (Emad maybe, I missed his name) borrowed a phrase from the renegade coordinators and said the commission has "no confidence" in the producers, at least when it comes to accurate attendance numbers. He wondered if there are people who do festival counts professionally and suggested that the county might ask the producers to pay for the county to hire an independent auditor to do a "verifiable" audit of attendance. He did not name names, but I'm guessing the commission has figured out that Bob Barsotti, who did the "independent" audit last year may not have been the most independent choice.

Boots spoke briefly in response to this, saying that there are people who do such counts, and the way they do it is by using an aerial photo, creating a grid and estimating by extrapolating. He suggested that the police routinely do it that way, and maybe they could do the count.

Commish Emad wants to set "milestones" (a recurring theme) and wants better accountability. He worried about "business as usual" with excess wristbands being issued. He quoted Sheriff Phelps as estimating that 20,000 attended last year. (Was that an official statement?)

When decision time came, the commission seemed hesitant. The Chairman (Jeff Smith?) wondered if they could put their decision off by 30 days "to see who ends up with the festival." He added forcefully, "The B.S. needs to stop." "Things need to get healed." Then pointed out that, "One side or another is selling tickets to an event that's will not occur." He questioned, "How can we set milestones when there are two parties?" adding, "The parties involved are putting the whole event in jeopardy by dragging this out."

Commish Kelly admitted that he "discounted half of what I heard tonight because I see a lot of greed." He figures anyone who says everything is fine and there are no problems is lying because they're worried about losing money. His overall analysis, "It has gotten out of the control of the producer."

Planning director Kirk Girard agreed with the chairman saying he's concerned about dealing with dual operators each submitting plans. "It's really inefficient, but we can do it." One of the commissioners suggested billing both sides for the county's time, something that Girard said is already happening.

The chairman then suggested setting a deadline for 30 days from now for the two sides to come to some agreement about who's doing Reggae. As Girard pointed out (quoting many others) the clock is ticking. Some signoffs are due 60 days before the show. (It's 120 day away as of today.)

Discussion then turned to whether they should decide anything at all tonight. Someone suggested (that's what they do at these meetings) that they could at least set a "target number" for attendance. They chewed on that for a little bit with Murgia saying they should drop the numbers as per staff recommendation, Emad repeating his "no confidence" complaint, and finally Mary Gearhart saying they should leave the numbers where they were last year at least as a target. The crowd clapped and cheered that idea. When the board finally voted on it, Gearhart's motion passed unanimously, with the proviso that it was just a target and could be changed if the board wants to.

With that one thing decided (sort of) the commission was ready to move on to other business. You could tell they'd had enough of the Reggae crowd by the way they suggested they get out of the building as soon as possible.

So, the festival, whoever runs it, seems to have dodged a bullet tonight, an expensive bullet at that. Do a little math and you'll see that what was at stake with the ticket numbers could easily have cost the event a couple of hundred grand.
Will the dueling parties follow the commission's advice and come to an agreement post haste? I'd say it's about time. (tick, tick.)

As Mateel Executive Director Taunya Stapp fires back, I'd have to say it does not really look like a compromise is brewing. As Tom Dimmick noted yesterday, tonight's Planning Commission meeting, where they will set the attendance level, may be as confusing as the last one, with "two shows, two producers and one permit," and the SoHum community still in stand-off mode.

We appreciate Mr. Dimmick's growing concern over the developing situation. The impact of his proposed shadow event is affecting a broad swath of the community. The Mateel Community Center never asked to sell this event. The "generous" offers Mr. Dimmick refers to in his press release do not meet the fundamental needs of the Mateel. Instead, we believe, they meet the fundamental need of Mr. Dimmick and associates to own the asset which we have invested community money into for over twenty three years. Mr. Dimmick's first pressure "offer" came in mid October of last year. This was months prior to the contract with People Productions ending. It continued with another pressure tactic offer on December 19, 2006 in which Mr. Dimmick cites that the Mateel should give him the event for free for two years. Subsequent discussions have included the stipulation that the Mateel not have any nonprofit food booths at their event. All offers are based on limited financials which the Mateel cannot verify. The board of the Mateel has always been looking for solutions to this situation and will continue to look for equitable solutions.

You may have heard Tom Dimmick on the KMUD news today. Here's the release that showed up via e-mail reiterating much of what he told Estelle.

April 4, 2007

An update on the status of negotiations between Mateel Community Center and People Productions/Dimmick Ranch:

With a critical planning commission hearing set for later this week and a court date early next, I continue to pursue and remain open to settlement options. However, if the dispute is not resolved, we will go into Thursday’s hearing with two shows, two producers and one permit.

Over the past several months, PP and Dimmick Ranch have made a number of generous offers to the MCC, aimed at providing the MCC with the income stream it seeks while retaining the community benefits and financial viability of the event. Most recently, the Dimmick Ranch offered $10 per head on the total capacity granted by the county for each of the remaining nine years on the permit and $300,000 over nine years for the equipment and infrastructure on the site. The capacity range should be 12,900 to 16,900, pending the annual ruling of the planning commission. I believe this offer is eminently fair and could provide upwards of $200,000 in annual income to the MCC. It effectively replaces (or improves) the income stream the MCC enjoyed in the past, while reducing the business risk the MCC had been bearing.

I originally got involved because ROTR was in dire need of a new home back in 2005 or else the MCC stood to lose the event’s financial benefit. I leased my family ranch to the MCC for the festival with the assurance that PP would be the event producer for the term of the lease. As I have expressed, I am very attached to this land and would not entrust it to just anyone. But I am also a member of the community, and I very much wanted to retain the tradition of this festival.

For the past two years, event profits and the MCC’s revenue have suffered due to the site move, which was a massive undertaking. However, I originally got involved to help secure the MCC’s financial base, and I have been negotiating to license the event with the same goal for the MCC. All while ensuring that the event to be held on my property is staffed by the same capable, local professionals and community volunteers who have put it on safely and with the community’s support for decades.

The latest offer, outlined above, was made to the MCC nearly two weeks ago, and the Board has been unable to come up with an official counter-offer. Time is running out.
Waiting for litigation is not the answer. Apparently the MCC Board was unable to assemble a quorum last Thursday evening to create an authorized counter-offer to my settlement proposal. I continue to hear the argument that the ROTR trademark is priceless community property; however, unless MCC negotiates to preserve it, it will have no value to anyone. I am offering to provide MCC with more than fair value for the asset. The settlement offer on the table ensures that the lion’s share of the event profits go directly to the MCC.

The unofficial counter-offers I have heard kicked around, but not officially presented, are so much more expensive that, based on the event history and capacity, the only way to make this feasible is to commercialize the event – thereby negating the community benefit. Accepting a “commercial” license at closer to $19 per head would mean no non-profit food booths, far fewer volunteers and less community involvement. The Dimmick Ranch simply doesn’t want to go down that road with the MCC because we recognize that the magic of this reggae festival is that it is by and for the community. The answer lies with us – the community.

Sincerely,

Tom Dimmick