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HomeMy WebLinkAbout1994-06-13 94-285 ORDERCOUNCIL ACTION Item No. 94-285 Date ,June 13. 1994 Item/Subject: Authorizing Release of City's Interest in the Freese's Building, So -Called, to the Maine School for the Performing Arts Responsible Department: See Memo Attached r Department Read r.'".' City Manager Associated Information: Meow to Bangor City Council fromCity Solicitor, dated 6/9/94, with attachments. Finance Director Legal Approval: V1 citySolicitor b:l4/1z9' l/ Introduced For _ Passage First Reading - - Referral Page _I of 12 June 13,1994 94-285 Aeaired to Posterior Popper CITY OF BANGOR Authorizing Release of City's interest in (TITLE.) (Drb", ._. _.._ .......... _. __.11 1 .1......... the Freese's Building, So -Called, to the Maine School for the Performing Arts By Nv Ciey Council eftAc City OfBanQOI: ORDERED, THAT the City Manager is hereby authorized to execute and deliver a release deed, or other legal instrument, in a form approved by the City Solicitor, releasing any Interest of the City of Bangor in and to the Freese's building, so-called, located at 74 Main Street in Bangor, arising by virtue of a judgmentexecution in favor of the City of Bangor and against Charles Fitzgerald, entered in Maine District Court docket no. BAN -90 -LU -013, said execution being dated December 1, 1992 and recorded in Book 5242, Page, 294, Penobscot Registry of Beads. Said release deed or other instrument shall operate in favor of the Maine School for the Performing Arts of the Northern Conservatory of Music as grantee. The City Manager is further authorized to impose reasonable -conditions upon delivery of said release dead or other instrument, including a requirement that title to the Freese's building have been transferred by Charles Fitzgerald to the Maine School for the Performing Arts or to the Northern Conservatory of Music, and a requirement that the Maine School for the Performing Arta or the Northern Conservatory of Music provide a written Commitment to undertake correction of existing City ordinance violations at the Freese's building upon an agreed schedule. In City Council Tune 13 1994 Tabled Daryl Rhodes Spoke for the Maina School of performing Arte Requesting the Abeve oMer be Aopioved C.. City rB k IN CITY W MCIL September 26, 1994 Indefinitel ostponed TY CLERK 3 94-285 0 RD ER Tine, Authorizing Release of City's Inteceat ................................. 1n tle Pree's Building so sellmi to the Maine school for the Performing Arta j/%.J�. I......�.......�/..... .. ... ....... .. -lf't/�f/u^cC ei ..... Assigned to —Y�Y \Copncllmen 94-285 June 9, 1994 TO: Bangor City Council FROM: Erik Stumpfel, City Solicitor RE: Council Order -- Authorizing Release Of City's Interest in the Freese's Building to the Maine School for the Performing Arta The Northern Conservatory of Music, which is seeking to establish in Bangor an entity known as the Maine School for the Performing Arta, has asked the City to waive a $10,000 judgment execution recorded in December 1992 at the Penobscot Registry of Deeds against Charles Fitzgerald. See Daryl Rhodes' letter dated May 24, 1994, attached. Mr. Fitzgerald owes the Freese's building, subject to a private mortgage. He has proposed to donate the Freese's building to the Northern Conservatory as a site for the proposed school. Waiver Of the City's judgment execution is requested to facilitate that donation. The City's judgment execution was the result of lengthy code enforcement efforts seeking correction of n violations of the City's Downtown Revitalization Ordinance ('Facade Ordinance") at the Freese's building, for which Mr. Fitzgerald had been cited between November 1983 and January 1990. In May, 1990, the City and Mr. Fitzgerald entered into a Consent Agreement which called for all Facade Ordinance violations to be corrected by November 15, 1990. The Consent Agreement was confirmed by the District Court On May 21, 1990, at which time Mr. Fitzgerald was permanently enjoined from committing further violations of the City's Facade Ordinance. Mr. Fitzgerald failed to comply with initial deadlines in the Consent Agreement for commencement of corrective work. Accordingly, in August, 1990, the City filed a motion seeking imposition of fines under Rule 801:, M.R.Civ.P. and 30-A M.R.S.A. 5 4452. Under Rule BOR and section 4452, fines imposed for violations of municipal land use ordinances accrue to the benefit of the municipality, not to the court. The result of the City's Motion was entry of a supplemental Consent Decree extending the deadline for final correction of the Facade Ordinance violations until June 30, 1991. By a separate agreement incorporated in the supplemental Decree, Mr. Fitzgerald deposited $50,000 in a City escrow account, which was expended to pay Mx. Fitzgerald's contractor to correct 6 of the 18 violations for which Mr. Fitzgerald was originally cited. Contrary to the requirements of the supplemental Decree, however, no work was undertaken to correct the remaining violations. - 94-285 -2- The City again filed a motion seeking imposition of a fine, which was heard on December 26, 1991. At that time, Judge Russell f the Dist i t C t 1 tl 10 000 finefor theuncorrected 0 a r c our mpose a$ violations -suspended until August 29, 1992.The suspension was contingent on Mr. Fitzgerald's correcting the 12 remaining violations by that date. However, as of August 1992, Mr. Fitzgerald had not commenced, much lees completed, the work. Accordingly, the City moved for enforcement of the $10,000 fine, which was granted by Judge Russell's Order dated October 9, 1992. We subsequently obtained and recorded an execution. As of June 9, 1994, the fine has not been paid. The violations concerned also remain uncorrected and have, in fact, grown worse with the passage of time. See report of Nancy San Antonio, Zoning Officer, dated June 2, 1994, attached. Including poet -judgment interest from December 26, 1991 at the statutory rate (158), Mr. Fitzgerald will owe the City a total of $13,750 plus as cution costs through June 26, 1994. In addition, 1993 and1994 property taxes and interest assessed against the Freese's building in a total amount of $38,917.85 currently remain unpaid (see computer printouts, attached). No request has been made by the Northern Conservatory concerning these tax obligations. The City Council has a number of legal options in this matter, aside from denying the request. Among other options, the Council may: (1) Mark the execution as satisfied, thereby erasing the $10,000 fine. (2) Release the Freese's building from operation of the execution, by a release deed or other instrument to Charles Fitzgerald or the Northern Conservatory/Maine School for the Performing Arts. This would have an effect similar to a partial release of a mortgage. Our execution would r n place as to other properties owned by Mr. Fitzgerald. (3) Release all properties owned by Mr. Fitzgerald in Penobscot County from operation of the execution. This would include a release of the Dakin'sbuilding, which apparently is involved in a proposed transfer necessary to obtain a release of - the current private mortgage on the Freese's building, held by Bruce Slovin of New York. Our execution would remain recorded at the Piscataquis County Registry. (Mr. Fitzgerald owns residence in Dover- Foxcroft, that is currently for sale.) In my opinion, this option would not provide adequate security for the City's $10,000 fine. 94-285 -3- (4) My of the above, subject to conditions, such as a condition that title to the Freese''s building actually be transferred to the Northern Conservatory/Maine School for the Performing Arts, or that existing violations be corrected, or other conditions. (5) Require payment of the fine in full, but refund the fine amount upon correction of the remaining Facade Ordinance violations. whether to grant the Northern Conservatory's request is a policy issue for the Council. For discussion purposes, the draft Council Order to which this Memo is attached would approve Option 2 above, subject to conditions to be imposed by the City Manager. 1 B.S. to Attachments pct Edward A. Barrett, City Manager Daryl W. Modes, Coordinator, The Northern Conservatory of Music Kenneth L. Jordan, Jr., Esq. RFCF/�FPja-zas X04 Hqy? 4 19cq EgVDtSOi� Off' fT'91151 anO tnE pE[EFoRminq agTs 5/24/94 Mr. Jerry Baldacci Chairman Committee on Community and Economic Development Bangor City Bail, Bangor,Me' 04401 Dear Mr. Baldacci In reference to our phone conversation today,(May 24th,) and to my presentation at last nights city council .meeting, would you please bring before the committee on community and economic development the following request on behalf of the Northern Conservatory's efforts in building the Maine School for the Arts within the existing Freese's building? Furthermore, could the issue be decided at the very next meeting to be held June 8th? It has come to o attention that there is a lien on the Freese's building due to the failure of the current owner, Charles Fitzgerald, to pay a fine to the city of Bangor in the amount Of $10,000. --- As you know, Mr. Fitzgerald will be donating this building to the Maine School for the Arts Campaign but is restricted from doing this unless this lien is removed by the City Council voting to have the fine waived. The purpose of this letter is to ask that you recommend to the city council that it is in the best interest of down- - town development that the fine and consequent lien be removed and that it be decided athe soonest possible time,(at the June 13th city council cil meeting). Thankyoufor your kind consideration in this matter. We look forward to begin working on the renovation and revitali- zation of the Freezes building in the spirit of friendship and cooperation. I am, e GC'l/l.lUy� Doryx W. Rhodes coordinator 385242 PG294 94-285 b11000i'. STATEOFMAINE (Sed of the Conn) CIW OF RANObt, Plaintiff VS. CHARLIE FPIZ69WD, Deferdant District Court Division of So.Pmobscvt Location Ba1nPL, ac Docket No. BAN 90—WS Jh WRIT OF EXECUTION To me ShM@ of aur moral Counties or any of their Deputies: Whereas said Plaintiff City of Bangor On Cmt 9 19 92 rgotrea jl 9Memin tie District Cour at !Hes i ndw Count of Pmobacot ,againm Cefendant Charles FituameraId m lis emionfors 10.000.00 indebtordamagee 1cuxwofsuitmaPlw ofr d.wha executionremainmbedare. $ 10,000.00 SEII We command you that of the goods, or lands of said IXbtor within your traumas Sou causebe Paid and satisfied unto me said Creditor at thevaluethereof in money me afaesam sum bring s 10,000.00 with I gal imerest on this maters from the above date of judgment together with $10.00. for this Writ and thereof also satisfy yourself of roar own fees, and make return of Writ with four doings thereon within one year from me dam merenf. Deed Decis 1,1992 B u y) Ink of District Coun 8 Uc M. Stw fel, City Solici Pik tor (ALNmey for) Plaintiff ATRUE 73 Harlon St.—,ATfES . RN '. nem.. . . ., Berdor, wairre 04401 PENOBSCOT. ss RECD f� 93 JAN -4 AN 9: 20 "�'!C• ATTEST "rvits w, DCCKtI Nn. (5/861) STATE OF MAINE PENOBSCOT, ss. CITY OF BANGOR Plaintiff VS. CHARLES FITZGERALD Defendant 94-285 MAINE DISTRICT COURT DISTRICT THREE SOUTHERN PENOBSCOT CIVIL ACTION, DOCKET #RAN -90 -LU -013 WHEN and after due consideration thereof, IT IS HEREBY ORDERED that Plaintiff's Motion is GRANTED and that Defendant Charles Fitzgerald is to a �tha Citv of Banner Ten T . Vry tea€ Dated at Bangor, Maine this —LA day of lynt— 1992. 6� /� Judge, District Court OCT 151992 c..`, LEGAL DEPAEfMENT 94-285 Date of Inspection: 6/2/94 (S) (°v)✓�-[ Inspector: NSA Reinspection date: 7/5/94 Inspection address: 74 Main Street EXHIBIT Facade Ordinance: 1. 3A4 All miscellaneous unused elements on the exterior walls nuits, pipes, brackets, etc. shall be removed and holes filled in. (West,North,South) 2. 3A5 All brick walls shall be repaired and repainted, scraped and painted as required.(South,West,South West, East,North) 3. 3A10 All rainwater leaders must be in good condition and shall be repaired or replaced as necessary and shall be neatly located and securely installed. In no caseshall drainage from such building elements flow onto the public right-of- way. (Roof) 4. 3C2 All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood,broken joints or loose mullions or muntins shall be replaced. All broken and missing windows shall be replaced with glass o approved clear glazing. All exposed rood shall be repaired and painter (South,. North., West, South West) 5. 303 All damaged, sagging or otherwise deteriorated doorfronts, show windows, or entrances shall be repaired orreplaced. The practice of "patching" or laying materials o a on top of the other is not permitted -Damaged ..parts shall be replaced so as to be unnoticeable as replacement parts. (North, South) 6. 3D4 Unused awning boxes, hardware and frayed awnings shall be removed. (South, North) ]. 3A6 Natural stone sills and lintels shall be repaired, scraped and repainted. (South,West, Fast) R. 3A2 All aluminum on storefront shall be cleaned and repaired as necessary. (North, South) 9. 3A2 All grilles in storefront shall be replaced, repaired, clause and painted. (North, South) 10. 3D3 All cracked and broken black marble -like tiles shall be replaced. (North) 11. 3D3 All broken and missing tiles o storefront level shall be repaired, replaced and all tiles shall be cleaned. (South) 12. 3C1 Windows 1-.alley which have been clo--'i in with'p!8 ood shouldbe _emoved and bricked-in or sash and glazing replaced. 13. 3A9 wood trim board above awning box shall be replaced and paints (South) - 94-285 N RE 23630 FITZGERALD CHARLES A3 OF 06/09/94 12:18 ORIGINAL ANT 25,973.18 RE93 ARATEMENT 03/25/93 9,007.26 RE93 BALANCE .00 RE93 * ORIGINAL AMT 17,441.60 RE94 BALANCE -1- 8,720.80 RE94 INT= 628.36 PER DIEM- 4.77 -2- 8,720.80 RE94 * INT= 205.47 TOTAL DUE 18,275.43. ORIGINAL AMT 13,420.36 M92 PAYMENT 12/27/93 13,420.36 M92 EALANCE .00 M92 * ORIGINAL AMT 17,653.84 M93 BALANCE -1- .00 M93 INT= .00 PER DIEM- 4.83 -2- - 17,653.84 ' M93 * INT= 1,770.20 TOTALDUE19,424.04 ORIGINAL ANT 21,133.15 RE90 PAYMENT 11/03/89 10,566.58 RE90 LIEN TRANSFER 05/18/90 10,566.57 RE90 BALANCE .00 RE90 ++ NORE ** N RE 23630 FITZGERALD CHARLES AS OF 06/09/94 12:18 ORIGINAL AMT 22,938.93 RE91 LIEN TRANSFER 05/20/91 22,938.93 RE91 BALANCE .00 RE91 * ORIGINAL AMT 25,851.81 RE92 PAYNENT 10/30/91 12,925.91 RE92 LIEN TRANSFER 06/19/92 12,925.90 RE92 BALANCE .00 RE92 * ORIGINAL ANT 10,968.07 TL90 PAYMENT 06/04/90 10,968.07 TL90 BALANCE .00 TL90 * ORIGINAL ANT 24,499.59 TL91 PAYMENT 10/30/91 24,499.59 M91 BALANCE .00 TL91 * ENTER NEW ACCT TO CONTINUE - E TO END ** +***+ ENTER NEW ACCT TO CONTINUE — E TO END +* ***** 94-285 N RE 61067 FITZGERALD CHARLES A8 OF 06/09/94 12:18 ORIGINAL AMT DOWNTONN 618.99 RE93 - LIEN TRANSFER 06/08/93 618.99 RE93 BALANCE .00 RE93 * ORIGINAL AMT DOWNTOWN 420.18 RE94 BALANCE —1— 420.18 RE94 INT— 30.27 PER DIEM= .11 —2— .00 RE94 * INT= .00 TOTAL DUE 450.45 ORIGINAL AMT 697.95 TL93 BALANCE —1— .00 TL93 INT= .00 PER DIEM= .19 —2— 697.95 TL93 * INT= 69.98 TOTAL DUE 767.93 ORIGINAL AMT DOWNTOWN 1,488.25 RE90 PAYMENT 11/03/89 1,488.25 RE90 BALANCE .00 RE90 * ORIGINAL AMT DOWNTOWN 947.66 RE91 LIEN TRANSFER 05/20/91 947.66 RE91 BALANCE .00 RE91 * ORIGINAL AMT DOWNTOWN 11201.56 RE92 MORE * N RE 61067 FITSGERALD CHARLES AS OF 06/09/94 12s19 PAYMENT 10/30/91 1,201.56 RE92 BALANCE .00 RE92 ORIGINAL AMT 1,036.38 TL91 PAYMENT 10/30/91 1,036.39 M91 BALANCE .00 TL91 ENTER NEW ACCT TO CONTINUE — E TO END +* ***** r A Noe -Pum Cmpasmta 96 HINHO* mei(Same 9,M Fbsr), 9qm, Mem OM01 CUM 9174171 9/11/94 Bangor City Council C/o Ken Gibb Director Economic and Community Development Dear Council Members, Since 1986 the Northern Conservatory has actively been pursuing the goal of establishing Maine's first high school and family school for the arts to be called, -The Maine School for the Arts". We believe that Bangor is an ideal location for such a school. We also believe that the time is right for such school to be founded and then to flourish. There is not enough time here to classify all the supporting data needed' to complete what will be an outstanding business plan,(now in development with the help of Ron Lloyd at Eastern Maine. development Corp.), but when the time is right, we expect our efforts in this regard to impress even the staunchest of skep- tics.,Our students, their families, and our staff hope that yo 4111 assist us in this effort to establish this precedent setting school, and that you will open your hearts and minds to the potential in restoring our ability to embrace those vision born,Of love, not fear. The following requests are critical beginning issues in establishing the schools best location, the Freese's building on Main 8t., soon to be owned by the Northern Conservatory of Music and the Performing ARts. 1. The city of Bangor currently has a lien on the Freese building in the amount of $10,000. THe Conservatory kindly asks that the council acts to remove this lien - which now blocks our way in obtaining clear title to the building. WE further ask that it be removed by SEptember 26th,the date of the next scheduled Bangor COuncil meeting. a.The Conservatory will offer the city in return, at least 5 years of free concerts,(2-4/year)at N st Market + .Pickering Squares.(obceIM.S.A. opens' b.THe Conservatory will agree Wake the First $10,000 of funding from donations to begin compliance with the facade ordinance. (over) 0900 A Non-PmPo fgpo mom y f1 /Y1 l� ITHe 96 HU)MV Swan (Send 9. M Flow), Bmfa. M 01101 PM 9474171 Conservatory further asks the Council: 2. Will the Council contact Governor McKernan right away asking him topleasecomply with the Conservatory's requests to him, and that he agree to its terms prior to or soon after the Freese's building changes owner- ship?(please see the letter attached addressed to Andrew McCLane and the Governor's office) a.THe Governor's bill,(S.P.733-L.D.1958),passed on April 15th.1994 x111 prevent any funding of the Freese building and its compliance with Bangor's code requirements,and will place the Conservatory, MR. and MRs.Rhodes, in a position of liability if someone were to get hurt due to the buildings cur- rent condition.. 1. THe name,"THe Maine School for the Arts' was filed with the State on MArch 22nd, three weeks before, this legislation was passed. 2.The idea for the Portland arta school came from the Governor's office, not the legislature. 3.THe Governor knew full well of our efforts here in - BAngor and appears to have ignored or overlooked them totally. THis in view of his letter of endorse- ment dated Jan.14th,1993 and that of his wife's, makes it seem likely that the Governor acted on political motives rather than in the beet interests of our children.(a coov of the bill will be nresent at the Sept.26th Council meeting) WE have been asked to provide you with an outline. of our plan to restore the Freese building and to establish "THe MAine School for the Arte". Here are the key points of our plan:(over) A Npo-pmPo Corpwdpp %HU)" Saem (9me 9. 3N plwr), B_$a. WIN 0M01 = 91]41]1 page 3 I.Accepting the building by no later than October lat,1994. a.The Governor of Maine, the Bangor City CounCil,Bangor area representativea,SOe Brennan,SOe Collins,Angus King SEnator Mitchell, SEnator COhen,Congressmoman Olympia SNowe,COngressman Tom Andrews, will all endorse and pub- licly. support the school as the only "Maine School for the ARA" in the State and urge their constituents to support the founding of the school and its precedent setting ideals. 1. in conjunction, we hope the media will continue to support; this impolitant a ent- b.a liability policy will coven the building,(effective the day of transfer)" c.any repairs.within the existing budget of the COnservatory's capital program. , will be made. MOre repairs,of.a greater stabilising nature will begin as funding becomes avail- able. IT.Acquiring start-up capital- a.the possibility of selling a portion of the building to raise capital is currently under discussion- 1. . b.a fund will be established to address the needs of stabil- isation within 90 days after transfer of ownership- C.THe Conservatory will request donations in the form of materials and labor from the c mmunity- III.COmpletion of the business plan will occur in no more than 120 days following transfer of ownership a.this will be used to attract investment Capital and establish the scucture of our capital drive IV. Hiring resource and development staff a.a full time expert in the area of targeting resources for this project will be hired once start-up capital has been made available l.in addition, the necessary infrastructure will be formed so as to build momemtum towards the larger capital campaign, expected to be 3.5to 4 million dollarm- V.asbestos and lead surveys,structural analysis and architectural plana will be completed within 90 days of culminating the start-up phase,(this will require about $50,000 in initial expenditures). page 9 WN,� s �B�w oy�.gg `�eni�1BN 6`Yp� A Nov-Pro0 Corywmon W Hebr Sum (Unt 9, 3n1 Pkmf), Ba . Mme 0101 (IM 947$171 VI.THe re-hab phase a.the building will be completely gutted to the bare walls 1. this of course,means removal and or entombment of all hazardous substances according to the codes applicable, i.e.asbestos,lead paint 2.systems not salvageable will be removed and discarded b.new sytems will replace the old, special attention will be given to heating efficiency,low cost electrical and lighting, and the highest safety in terms of fire pre- vention and alarm devices, in accordance with BAngor _ RICO Department regulations c.Most interior renovation will happen on the first 3 floors so as to allow the prompt development of incoming cash flow throughrental of the MAin ST. floor to bus- Iness,(the second floor will also be used for rental in- come but part of It will house the NOithern Conservatory so that income from the schoolcanalso be applied to further interior development). d.THe entire exterigr of the building will of course be re -modelled including the central, rear and frontal atrium additions,(allowing for the interior of the building to be flooded with natural light). e.upper floors will be developed in accordance with cash flow and the schedule as pre -scribed in the THREE PHASES OF DEVELOPMENT leading up to the opening of the high school itself. f.WHen completely operational', this facility will generate nearly 3 million dollars per year in groes income IT will be completely self sufficient financially with the exception of a certain percentage of tuition made available through MAine. STate AId to Education. VII.THe THREE PHASES are as follows: &.Establishing rental income and housing the Conservatory b.the addition of a school of dance, school of theatre arta and a visual arts school, additional rental of office apace to ether community arta groups.i.e. the Bangor SYmphony,the library,(an arts libray),book and supplies a children's museum,etc. - e.the high school will be established including classrooms for academia as per STate guidelines, a portion of up- per floors may be used for housing students from non- commutational distances nF4 orr�ir WMI A Nw PmN Corpwrioo 96 Nolov Som (Splm 9, 3rd FAcr), Boum, Mass OW41 = 947-9171 page 5 VIII Funding Strategy, (seeking a 2/1 ratioof grants to investment) a.funding for this project will come from many sources as follow6- l.corporate gifts,(we plan to solicit nation-wide) 2.tax credit incentives 3.the National endowment for .the Arte 9.The Maine Arts Comisslon 5.the Maine Community Foundation 6.private donations 7.donations of goods and services,(which we expect will reduce our capital needsby up to 20%) B.£und raising events - 9.1arger gifts by arts -education patrons TNe NOrthern Conservatory of Music and the Performing Arts will gladly place all of its resources into this project from the onset. We kindly ask that the city of Bangor join in this effort by removing the first obstacle,(the lien). Thankyou for the kind consideration In this matter. I am, Gratefully, `f DY khud director .• 96 Buiew Base (Suim 9. 3rd Flow), DWar. Mane OWI (2M 9474171 8/27/94 Mt. Andrew McClane _. Office of the Governor State House Station 1 '- Angusta,Me. 04333-0001 Dear Mr. McClane Regarding our conversation the afternoon of August 12th concerning the donation and subsequent use of the Freese build- ing for the development of the "Maine School for the Arta" here in Bangor, we urgently need your help and that of the Governor in any way appropriate to the task at hand. Furthermore, in response to his letter dated June 3rd and then to the "draft" letter dated July 11th composed by you on his behalf, would you ask the Governor if he would_ assist us in the following ways specifically? Let me assure youthat -the degree to which help is forthcoming will be a critical element in our soon - to -come decision to accept this huge downtown structure. Please realise that it is not an attempt to in any way to thwart the Governors initiative in Portland but only a last gasp attempt to save eight years of work and the many dreams of children and their families throughout this part of the State. and indeed, Portland as well. l.a public statement of clarification which includes an acknowledgment that the "Maine School for the Arts" will be in Bangor and not in Portland -that it has been in development by the Norther, Conservatory of Music and Performing Arts since 1986 and depends on public support as much as any school public or private 2.a clarification pertinent to legislation passed on April 15th and signed by the Governor where a task force named "The Maine School for the Visual and Performing Arts" is Included -and that he,(the Governor),will take what - aver means necessary to instruct this task force not to use this nameas it would be seriously damaging to an already existing entity called the "Maine School for the Arte"- filed with the State on March 22nd of this year and now well into the formative stages in Bangor (over) OEM 96 Hadw ]beet One 9. Sed Plan). Beefor. A1100 0e401 =7) 9/74171 page 2 3.after reviewing our materials, would the Governor con- sider supporting the "Maine School for the Arta" by recognising the educational concepts on which it will bebuilt as precedent setting in American Arts education and that when fully operational, he would expect the school to he a leader in arta education nation wide - and most importantly, an asset in developing the skills and self esteem of artistic children everywhere,especi- ally those in the State of Maine IF you can help, please ask the Governor to consider any or all of the fallowing ways in which this public statement might be made: l.an over -the -phone interview with Susan Young of the Bangor Daily News 12.an over -the -phone interview with RIck White, director of MISR ChaNNEL Two Ta. News here in Bangor 3.a press conference at the building site here on Main St. in Bangor at any time soon d.an appearance by him at the signing to legally accept the FReeae building as the home of the "Maine School for the Arta" We are forwarding by overnight mail, an additional letter of background information regarding the NOrthern Conservatory and its efforts. With this letter will be a complete package of news - articles, endorsements, etc,detailing the conceptual initiative behind Maine's first high school and family school for the arts, "The Maine School for the Arte". All of us here at the Conservatory, overwhelmingly appreciate your prompt consideration in thismatter. - I remain, i carely/,,' /'no Daryl W. Rhodes director Q REALTY RESOURCES CHARTERED September 19, 1994 Bangor City Council 73 Barlow Street Bangor, ME 04401 Dear Members of the Council: On behalf of our company, Realty Resources Chartered, we wanted to a neunce that we have negotiated an agreement with the Northern Conservatory of Music to develop approximately 40 units of elderly housing within the Freeze's Building. We are hoping to have on agreement signed this weak. I wanted to express how excited we are about the project. Having met with City staff a number of times, I know that the future of the Breeze's Building is critically important to the economic vitality of down town Bangor. The project we are undertaking is an extraordinarily challenging project. it is going to take tremendous resources from the city, state and our company. The project the Conservatory is undertaking is challenging as well: the project is going to need tremendous cooperation from the City. We, obviously, expect that there will be that reasonable cooperation available for both the Conservatory's plans as well as ours. I don't need to underscore the tremendous synergy that will be created by having the major senior housing project within the same building as a school. We couldn't think of a batter marriage for our project than to be associated with the Conservatory's plans. We will be setting up meetings with the City staff within the next couple of weeks to start talking about our plans, and we look forward to bringing this project to completion with you. gicar ly y1ourr$I/,��,��/�^/' tosep Clog I8Y rMC/amt PKII Pk: