SENATOR Theatre: Look Back for Blame or Forward for Best Solution?

In response to our post two days ago (Mayor wants to “put a period on that”…), we received a reader’s comment, which requested a response.

Normally, we would simply allow legitimate, non-spam comments and then others to respond if motivated. However, this brought up a subject we felt should be more prominently addressed as it further illustrates the current tendency by the media, officials and then echoed by some individuals to look for blame in the past when the mission we immediately face is about the future.

Should we ignore the past? Absolutely not. In fact, we should learn from it, particularly when it comes to the economics of first-run film in the modern age.

From reader Andrea:

Why did Tom Kiefaber not attempt to create the non-profit structure you desire back in 2008 after the community railed to save him from foreclosure? Instead, he went on record as wishing to retain his private ownership.

Why was there not an outcry back then for movement to a non-profit model? And pressure placed on Mr.Kiefaber to explore that?

This disconnect is one of the many factors that leaves me — and others, I’m sure — with the distinct sense that you really are backing Mr. Kiefaber. Otherwise, you’d be taking him to task for failing to act two-plus years ago, when he had control (and, as you have repeatedly asserted, the requisite experience and knowledge). Your credibility is damaged, for me, by your consistent high praise for Mr. Kiefaber and your failure to hold him accountable for in ANY way contributing to the Senator’s current circumstances.

In my view, your lack of objectivity makes this site partisan, and at it’s core designed to support Mr. Kiefaber, rather than an impartial space for legitimate discussion about the Senator.

I hope you understand my concern and are willing to respond to it.

Tom Harris responds:

Dear Andrea et al.,

Thank you for your interest in The Senator Theatre situation!

We make no bones about our admiration for what Tom Kiefaber has accomplished. Whatever your opinion is regarding him personally, after researching the situation we firmly believe that without Kiefaber’s tenacity to keep The Senator alive, in spite of the deck being stacked against him and risking all (he has, after all, sunk everything he owns into keeping it open), the historic landmark theatre would have closed several years ago.

However, the message we have tried to get across, and by far more important than looking backward for faults, is about the best chance for a viable, sustainable future for The Senator, which we believe and have advocated for, is transition of the theatre to non-profit ownership.

Regarding your questions about Kiefaber and the non-profit message, the background is somewhat complicated, but for your consideration, here are just a few citations on the subject:

Baltimore City Paper “Coming Soon: The Box-Office Battle…” July 5, 2006

[Jed] Dietz has another idea that has been bandied about in recent years as a way to salvage the Senator from its revenue problems. “Tom should turn it into a nonprofit and go out and raise money,” he says. But Kiefaber says he has explored that possibility and, last fall, concluded that that route would be a “counterproductive error… primarily because of its current debt load.” Instead, a for-profit Senator may embark on “synergistic associations and alliances with nonprofit entities,” he writes.

Govanstowne Business Association – Letter to the mayor, January 13, 2009

We were pleased to learn in early 2008 that The Senator owner, Tom Kiefaber, and 4th district councilman Bill Henry met with you and Andrew Frank to discuss the economic difficulties… to explore a change of ownership and a possible conversion to not- for-profit operation.

WJZ “Owner Says Senator Theatre Facing Foreclosure“, March 11, 2009

Kai Jackson explains why years of fighting to stay in business could end in defeat.

Senator owner Tom Kiefaber had been in negotiations with the city to turn the historic theater into a non-profit community center, but the theater’s mortgage is now in default.

Tom Kiefaber’s Open Letter to Councilman Bill Henry, July 7, 2009:

You were also one of the key Steering Committee members identified to the community, who endorsed the report’s misguided assessment that no one will outbid the city’s 950K position at public auction. The related conclusion by the committee is that therefore The Senator Theatre cannot become a non-profit facility, because it would require ongoing subsidy by the city. yet you are also well aware that the local consultants you steered our way in 2008 determined along with the community that historic facilities with the attributes of the renowned Senator Theatre are readily capable of achieving sustained funding without requiring the city to continue to foot the bill once the theatre achieves non-profit ownership status.

Investigative Voice “Radio Station or Restaurant?” January 27, 2010 comment posted by Kiefaber:

Had you attended the numerous community forums and town meetings in the past few years, or contributed to the scores of ongoing round table discussions, you would know of my oft-stated position first-hand. Had you ever asked me for clarification of this issue I would have told you unequivocally that my ownership tenure and my family’s 70 year stewardship of The Senator is essentially a few years overdue for the critical conversion to non-profit ownership status, and that once it occurs I will happily exit the theatre operations scene, stage right…”

The problematic debt attached to the theatre and transition to non-profit mentioned was raised again just last year at a public meeting on the subject. However, now that the foreclosure auction has taken place our understanding is that debt should no longer be an issue. So, we wonder why the benefits of such a transition, coupled with a multipurpose arts, entertainment & education program model has not been championed by officials… The city’s “steering committee/Senator Theatre Strategy Group” claimed last year it would require subsidy. Yet, last we heard, the current private business proposal expected to be approved, will also require significant public funding (on top of the ridiculously low rental of $1 per year).

Again, looking backward to place blame is not going to solve The Senator situation. What we need are forward-thinking people, particularly historic theatre redevelopment experts, to illustrate, design and execute the plan we believe will unlock The Senator’s potential. One that could help revitalize North Baltimore with diverse programming that will draw equally diverse visitors.

If anything, a look back should be teaching us that the proposed plan of returning to an exclusive first-run film format is flawed.

Senator Conway’s Senator Theatre Meeting Reveals Bottom Line

[Updated May, 22: video clip added]

We’d like to thank all of the Maryland state and Baltimore city officials who actually came out to the meeting last night to answer questions about The Senator Theatre mess.

We especially thank Maryland Senator Joan Carter Conway for calling the meeting to help the community sort it out.

We encourage folks to read Astrogirl’s take on the overall meeting, but we’d like to convey what we saw as the bottom line, publicly brought to light last night, thanks to a question posed by Kathleen Harris to Tom Kiefaber about the meddling of Baltimore City’s Commission for Historic & Architectural Preservation (CHAP).

Mrs. Harris stood up and asked Mr. Kiefaber, if CHAP had kept their nose out of The Senator could all of this mess with Baltimore City, the State of Maryland and 1st Mariner been avoided?

The short answer: YES.

Why?
Because, as stated before, Mr. Kiefaber was already in negotiations with parties interested in purchasing the theatre (and keeping it as a theatre) when CHAP announced their intentions to impose their unprecedented controls on the interior of the theatre.

Within 24 hours of the CHAP announcement negotiations broke down, because the parties saw this move by the city as a sign that the city (or someone talking to the city) already had plans for the building/property and they weren’t welcome.

Even Kim Clark of the BDC (present as a city representative) stated,

“We thought the CHAP designation was unnecessary and ill timed”.

See/hear for yourself in this video shot by Astrogirl

So there you have it.

The city group meddled, not only without consulting with the current owner, but actually against his wishes and not once, but TWICE. BOTH times scuttling negotiations!

Which is why now the city now must:

  • Use $950,000 ($600,000 collateral already held for the 1st Mariner mortgage & $350,000 from the city’s Economic Development fund) to buy the 1st Mariner mortgage note
  • Take time/spend money to set up & widely advertise their own foreclosure auction.
    At which we hope a theatre-friendly individual/group will outbid the city. If not…
  • Have the Baltimore Development Corporation (BDC) spend time/money drawing up an RFP to try and find a buyer (or an operator who is willing to lease the theatre)

Sounds like an awful lot to have to go through (and a lot of money spent) when you consider none of it was probably necessary…

Had CHAP left alone (at least until we knew who the next owner would be).

LINKS:

SCT also concerned over CHAP proposed restrictions

Senator Community Trust (SCT)The Senator Community Trust sent a letter to Baltimore Heritage, Inc.  apparently meant to arrive in time for their May 11 meeting, in which it appears they will be voting regarding their stance on the issue of CHAP’s proposed Landmark & Special List designations aimed at The Senator Theatre.

Excerpt follows, however, you can read the entire letter at the SCT website.

This unique situation and rushed procedure has raised some serious concerns by The Senator Community Trust:

  • The Senator is privately owned, not a public building.
  • The owner did not request and was not involved in any discussions or the decision to initiate such an interior landmark designation.
  • We understand that the rules for interior protection are not even developed yet. Developing such regulations and guidelines would seem to be a prerequisite to initiating such a designation.

More evidence we can’t leave the fate of The Senator to officials

Too many folks still think that because the mayor’s office agreed to a recommendation to foreclose on The Senator and then buy out the 1st Mariner mortgage that the theatre is “saved”.

This Could Still Happen... And apparently the City believes it should.

This Could Still Happen

Nothing could be further from the truth. See our “Situation” page for our take on where things stand (Especially the controversial upcoming CHAP hearing on 5/12).

On top of that, consider some of the recent news stories involving city government not doing right by its citizens:

Feb 2009 by hoodwatch

Feb 2009 by "hoodwatch"

And, let’s not forget the Mayfair Theatre – closed in 1986 & owned by the city for years now, has been left to rot. The roof collapsed all the way to the basement in 1998. Only now are officials getting around to doing something with the building… Apartments & retail space.

Still feel comfortable with the idea of your officials being in charge of the theatre’s future, without supervision and/or community input?

Neither do we.

So, at the risk of sounding like a broken record, please contact your elected officials to let them know:

Supporters are also encouraged to attend the upcoming CHAP hearing next Tuesday, May 12 @ 2pm at the Department of Planning, 8th floor Phoebe Stanton Conference Room, located at 417 E. Fayette Street.

SCT Informational Meeting on April 30

The Senator Community Trust has announced an “Informational Meeting”:

Date: Thursday, April 30th (tomorrow!)
Location: The Senator Theatre [View Map]
Time: 5;30 – 6:30pm

SCT Site Updates: Message, Activities & Friends info

The Senator Community Trust web site has received several updates today:

  • Home page
    Donation message
    – more clarity regarding how donations are/will be used.
    Links to current Senator events has been updated as well, including the Memorabilia Sale.
  • New “SCT Activities Update” page – For those who’ve been wondering what the group has been up to, this should give you a better idea. Among them:
    * Non-profit application filed
    * Financial accounts established & protocols for use
  • * Short, Mid-term & Long-term fundraising stated, including volunteerism & support for The Senator Management’s current events.
  • Friends/Supporters links has expanded.
  • About Us page
    * Reaffirmation of the community entertainment and education venue vision and a promise to “do everything in our power to see that the vision comes to fruition.”
    * Slight change to the “tax deductible” status of donations wording.
    * New “Advisors and Consultants” category lists Sean Brescia (Clearpath Management) and David Arquette.

Kiefaber on WYPR with Dan Rodricks

From the “Midday with Dan Rodericks” site:

Dan Rodericks

Dan Rodericks

Wednesday, April 1, Noon – 1:00pm

A foreclosure auction set for April 20th is the latest chapter in the ongoing saga of Baltimore’s historic Senator Theater. We’ll talk with Tom Kiefaber, owner of the Senator, and Sean Brescia, founder of the Senator Community Trust, about their efforts to keep the show going at this historic landmark.

Listen Live via the internet.
To join in our conversations, you can call during the show at (410)662-8780 in Maryland, or toll-free at (866)661-9310.  You can also e-mail us any time at midday@wypr.org.

O’Malley Passes the buck, as does DBED, etc.

While we’re on the subject of politicians and what appears to be their, “I don’t want to get involved” stance on The Senator’s situation, let me share another response. This one from Maryland’s top executive… Or rather, should have been.

Maryland Governor (& former Baltimore Mayor) Martin OMalley

Maryland Governor (& former Baltimore Mayor) Martin O'Malley

I wrote a letter to Maryland’s Governor Martin O’Malley regarding The Senator and asked for his aid in helping the “community-owned non-profit, multi-purpose entertainment & educational” vision move forward.

One would think that the former mayor of Baltimore City, home of The Senator Theatre, would be more than willing to step up and at least vocalize support for the theatre and all the good it has done for community and business in the area.

Especially when the area includes Belvedere Square, a an area across the street from the theatre that stood dormant for more than a decade and O’Malley himself called, “a stark symbol of decline”.

An area that was revitalized with city and state funding that Mayor O’Malley backed (with urging from the community, including Senator staff) and even got in a bit of hot water trying to convince citizens to patronize.

Christian Johansson, Secretary, Maryland Department of Business and Economic Development

Christian Johansson, Secretary, Maryland Department of Business and Economic Development

Instead, what I received was a letter from Christian Johansson, the Secretary of Maryland’s Department of Business & Economic Development (DBED), in which I am thanked for contacting the governor and am told what an iconic treasure The Senator is.

Hannah Bryon, Assistant Secretary; Tourism, Film & the Arts

Hannah Bryon, Assistant Secretary; Tourism, Film & the Arts

I am then referred to a Ms. Hannah Byron of the Division of Tourism, Film and the Arts, who is representing DBED on Mayor Sheila Dixon’s steering committee that is charged with determining the viability of the theatre as a non-profit.

Okay, so I send a series of questions to Ms. Byron via email and shortly receive a response!

I am forwarding your questions to Bill Henry.

That’s it.

Bill Henry, Balto. City District 4 Councilman

Bill Henry, Balto. City District 4 Councilman

I’m not kidding here. District 4 Councilman Bill Henry. The man who told supporters present at the March 16 Town Meeting (called by the SCT) to contact their state officials and ask why they haven’t gotten involved.

Well, Bill, I went “straight to the top” of Maryland state government and after one letter and one email I’ve been sent down the political sliding board, right back to you. Any other suggestions?

To other supporters: Have you received responses from state or local officials? If you have and you would like to share them with others, send them to me and I’ll post them on the Politician’s Responses to Senator Plight page. Or, if you’ve put them online already, just send me the link!

Senator Auction Date Set, BUT…

In a Baltimore Sun article published yesterday,

“C. Larry Hofmeister Jr., an attorney representing 1st Mariner, confirmed that the auction would be called off if the loan is made current.”

Meaning, if the Senator Community Trust (SCT) can raise $70,000, by direct donations or upcoming fundraisers, they still have a chance to convince the Baltimore city and Maryland state officials that their proposed community-owned, non-profit multipurpose entertainment & education vision should move forward.

The auction is scheduled for April 20,  10am at the Baltimore City Courthouse. As Laura Thul Penza of the SCT remarks, “That’s cutting it close.”

For more information about the SCT, or to donate, visit their website: http://thesenatorcommunitytrust.org

City Budget’s Red Ink May Cripple Senator Deal

Baltimore Mayor Sheila Dixon

Baltimore Mayor Sheila Dixon

Update: Paypal on SCT site

Baltimore City Mayor Sheila Dixon is expected to present her 2010 budget to the Board of Estimates today.

The outlook is not good and amidst talks of possible city worker layoffs, Councilman Bill Henry also told those in attendance at Monday night’s Senator Community Trust (SCT) Town Hall Meeting that, while the city and the state have significant money invested in The Senator, a city facing a budget deficit could very well endanger the city’s deal to help transition the theatre to a non-profit group, like the SCT.

Of course, this is all moot IF First Mariner Bank proceeds with its plan to present foreclosure papers this week (tomorrow?) and then auction the theatre as early as next month!

What to do?

What I got out of the Town Hall meeting was this… Feel free to correct me, though!
ANYONE/EVERYONE with an interest in seeing the city deal go through and having a community-based non-profit take over ownership of the theatre needs to do two things right now:

  1. Contact elected officials and tell them you don’t want the theatre to go to auction and have the money they’ve already invested in the theatre to go to waste, so they need to convince First Mariner Bank to postpone the foreclosure  for a couple weeks to give the community time to raise necessary funds to bring the mortgage loan current.
  2. Be prepared to contribute to that funding to bring the loan current ($70,000 past due, if my numbers are correct)… And let me emphasize this:
    These funds are NOT to bail out Mr. Kiefaber. He has already agreed to turn ownership over to a non-profit.
    This is to save the theatre from auction and give the SCT a chance to take ownership of the theatre!
    Where/How to donate: Official SCT web site has Paypal link & mailing address.

If we can’t do these two things then pray for the often referred to, “angel(s)” that still has enough cash & love for The Senator to step forward and save her.

By the way: Props to Smoothteaze for coming out in support of The Senator and for serenading the crowd before the Town Hall meeting (and offering web presence for the cause)! The acapella doo-wop was awesome, guys!