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
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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
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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/,��,��/�^/'
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