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Timeline
This timeline is a work in progress.
It will be refined and expanded as we continue our research. It
currently focuses primarily on 2009 - 2010, although even this
period is not yet complete, and the timeline leading up to the
present situation should go back at least 12 to 15 years. We will
also be adding Gala Premieres, concerts, and a wide variety of
special events to the timeline, many with photo gallerys, video,
and articles as The Senator, The People's Theatre site evolves.
We have recently been given full access to Mr. Kiefaber's records
and video and photo archives, and our research project is ongoing.
The Friends of the Senator are seeking
volunteers and advisors with video editing skills, and access
to a variety of videotape decks in a variety of formats.
June,
1999 - The National Trust for Historic Preservation highlights
the plight of the long-term merchants of the West Side, who are
being abused and involuntarily displaced by the BDC, to raze hundreds
of unique and irreplaceable historic structures. The Trust designates
Baltimore's West Side to its annual "11 Most Endangered" list,
after local preservation groups and influential individuals rallied
around the urgent cliffhanger. National Main Street Director Kennedy
Smith and The Senator's preservationist owner Tom Kiefaber, fellow
board members of The League of Historic American Theatres, teamed
up and made a critical difference.
The BDC's culture of indifference in dealing
with Baltimore's backbone of independent businesses was institutionalized
under the reign of M. J. Brodie, as intolerance for openness,
transparency and public accountability. Opposition to the BDC's
West Side plan by the preservation community was a giant step
toward understanding that historic preservation is the very key
to Baltimore's economic redevelopment in its historic districts,
as one of the oldest cities in America. Yet to date, the BDC has
steadfastly resisted allowing a single member of the preservation
community to serve on their board, despite the requests of Preservation
Maryland, The National Trust, and Baltimore Heritage.
February
18, 2001 - A New York Times article,
"In Baltimore's West Side, Preservation Story Unfolds,"
notes that Tom Kiefaber's actions were
instrumental in saving the historic buildings in the West Side's
Superblock: "But it was a 10-minute film, 'Baltimore's
West Side Story,' that played an important role in turning
the tide in favor of preservation explaining what would be lost
if the plan went ahead. In January 2000, the film was shown before
the feature film at the Senator Theater, the only remaining Art
Deco movie theater in the city." This was little known in
Baltimore, except
by a few preservationists and officials at the BDC. The Superblock
project has stymied the BDC and remained in court battles to this
day. Kiefaber received threatening phone calls when he ran
it.
2001
- The National Trust for Historic Preservation names "Historic
American Movie Theatres" to its "11 Most Endangered"
list, with The Senator featured as the poster child for endangered
theatres.
September 24, 2002 - In a
Baltimore Sun article
about Tom Kiefaber's $1.2 Million loan
from First Mariner Bank, Deputy Mayor Andrew Frank states "No
city funds will be part of the financing deal."
Baltimore
City made a $600,000
guarantee on the loan, but in the event of default, the bank would
have to take all of Tom Kiefaber's other
collateral, including The Senator and his family home, before
the City's loan guarantee could be touched. The loan is over-collateralized.
Deputy Mayor Frank correctly stated that "No city funds will
be part of the financing deal," because the $600,000 was
not a loan and was not money given to The Senator. It was simply
money the City would be liable for if Kiefaber defaulted on the
loan and the loan could not be paid back by foreclosing on The
Senator, his house, and his other property first.
January 1, 2003 - The BDC's
Executive Vice President Andrew Frank states
the BDC got involved in guaranteeing Kiefaber's
loan from First Mariner Bank "because
of the city's $2.9 million investment in Belvedere Square, across York Road from the Senator in North Baltimore."
February 6, 2007 - In a Baltimore
Sun article, Deputy
Mayor Andrew Frank falsely states that the $180,000 grant the
City gave The Senator in 1999 was a loan that Tom Kiefaber did
not repay. He later retracts this and admits it was a grant.
The article also states, in relation to the upcoming
foreclosure auction on The Senator:
"Frank said it is unlikely that if the bank fails
to cover its loan at the auction, the city will be liable for
its share of the loan guarantee, $600,000, given
the other collateral available.
"I'm confident that it will not be the full
amount, and I'm hopeful that it won't be a significant amount,"
Frank said.
February 13, 2007 - Tom Kiefaber receives an email from Baltimore Sun
reporter John Woestendiek, which states "Tom, Just
to let you know, Andrew Frank, in my interview with him today,
cleared up the loan versus grant issue, re the $180,000. He said
he wrongly called it a loan when he was being interviewed by Nick
Madigan, and that it was indeed a grant."
February 15, 2007 - The Baltimore
Sun prints a retraction
of Andrew Frank's claim that the $180,000 was a loan that Kiefaber
didn't repay: "A front-page article in the Feb. 6 editions
of The Sun about The Senator Theatre incorrectly characterized
a 1999 transaction between theater owner Tom Kiefaber and Baltimore
City as a $180,000 loan. A city spokesman confirmed that it was
a grant."
February 21, 2007 - A scheduled
foreclosure auction on The Senator is canceled, after individuals
from around the world raise $120K to pay off the past due balance
on The Senator's mortgage. In this nail-biting cliffhanger, the
fundraising goal is reached only hours before the scheduled foreclosure
auction.
When the foreclosure auction was initially scheduled,
then owner Tom Kiefaber was told by his lender that "the
city" had ordered his cash contingency funds to be used to
pay down the principal on the theatre's mortgage, instead of applying
the cash contingency funds to make monthly payments on the mortgage,
as Mr. Kiefaber had asked. This action left him with less overall
debt, but no funds to make ongoing monthly payments. As Kiefaber
stated in his subsequent remarks
to the CHAP commission on March 5, 2007, "Prior to the situation
becoming so highly charged and then descending towards an auction
sale, BDC representatives had been overtly undermining my credibility
and skills and began advocating to our lender to freeze my contingency
cash account at the bank. The cash fund was $150K, which was more
than sufficient to cure the existing default and pre-pay our commercial
loan up through late summer."
March 5, 2007 - Baltimore City CHAP Commission votes to
impose exterior landmark controls on The Senator, even though
it's already on the National Register of Historic Places. The
meeting date, which was chosen and announced prior to the scheduled
and averted foreclosure auction, is timed to coincide closely
with that auction. Robert C. "Bob" Embry is the CHAP
Commissioner reportedly pushing forward these controls.
The controls are passed over the objections of
then Senator owner Tom Kiefaber, who states in his remarks
to the commission "Why is it that this particular subset
of city government known as the CHAP commission appears to be
genuinely concerned about the preservation of The Senator Theatre,
when other factions of city government have acted overtly behind
the scenes to trigger the very crisis that has led to this hearing
to consider placing municipal controls on my historic movie house?...My
reticence to simply acquiesce to this CHAP commission action without
better understanding the ramifications is directly related to
my mistrust of what has taken place under the auspices of city
government."
April 17, 2008 - Friends of
The Senator hosts a Town Hall Meeting at The Senator, co-sponsored
by several community groups. Architectural drawings by prestigious
architectural firm Ziger/Snead are unveiled. They include a cafe on the north
side of the building and additional screening rooms behind the
theatre, along Rosebank Avenue.
There is discussion among the community about a future multi-purpose
programming model for the theatre, to include music, movies, education,
and community events. The proposals are part of a series of ongoing
roundtable discussions with the community.
Summer-Fall,
2008 - Global economic meltdown.
December 18, 2008 - Friends
of The Senator hosts a Town Hall Meeting at The Senator that includes
a presentation by historic theatre redevelopment expert John Lind
of Venuetech, Inc. Lind makes it clear that without conversion
to a non-profit, The Senator is doomed. Lind lays out the basic
process for this conversion. He notes that every 70-80 years,
theatres like this need major restoration, and that this transition
is a crucial stage in The Senator's evolution. At this stage,
the community is working toward a shared vision of The Senator's
non-profit, multi-purpose future. (Video: Part
1, Part
2)
January 22, 2009 - Community
groups including Friends of The Senator call for The Senator to
remain in operation as it transitions to become the region's premiere,
community owned non-profit Arts & Entertainment Venue. They
warn that due to the global economic crisis, there is an immediate
danger that The Senator may need to close. The community calls
for Mayor Dixon to come to the table with the community and with
Senator management to determine how to
keep The Senator open during its transition to a non-profit multi-purpose
model.
January 26, 2009 - Deputy
Mayor Andrew Frank makes an "offer"
then Senator owner Tom Kiefaber can't refuse. It's an offer for
Baltimore City
to buy out The Senator's mortgage, and Kiefaber can't refuse it
because city officials privately threaten that the city will sell
the Kiefaber family home and his throw his family out on the street.
Frank releases news of the more benign public offer to the press,
before he sends the letter to Kiefaber. The letter starts off
a series of personal attacks on Kiefaber by city and BDC officials,
whose response to the community's pleas for the Mayor to come
to the table is now instead clearly a plan to take over the theatre.
As part of the offer, the city convenes a "steering committee"
that Frank says will examine whether or not The Senator can become
a non-profit.
January 28, 2009 - A Baltimore
Sun article, "Baltimore Offers $320,000 to Keep Senator Open
as a Nonprofit" reports on Deputy Mayor Frank's "offer"
to Kiefaber in a confusing manner. The article falsely states
"city officials are offering $320,000 to keep it open - provided
the 70-year-old movie house is turned into a nonprofit business"
and "Under the terms of the plan, the city would turn over
the $320,000 only after Kiefaber deeded the theater to a nonprofit
corporation." The article seems to imply that $320,000 would
be given to Kiefaber.
In reality, the offer
from Deputy Mayor Andrew Frank is for the City to buy out The
Senator's mortgage from First Mariner Bank and acquire the theatre's
mortgage. The actual terms of the offer letter are not reported
in the article, but the offer letter itself states "the City
of Baltimore has been
in discussions with First Mariner Bank to purchase the portion
of the Senator Theater (sic) debt, $320,000, which is not secured
by the City's $600,000 loan guaranty." Conditions of the
offer include that the city's "steering committee" determines
that the theatre can become a nonprofit and that "The Senator
Theater (sic) would be deeded to the non-profit corporation before
the City purchases the aforementioned portion of the debt."
In retrospect, the former condition seems to have been preordained
not to be fulfilled; the latter condition was probably impossible.
How could Kiefaber deed The Senator to any other entity before
the theatre's mortgage was paid off?
The article goes on to state "Frank said
the city aid, in the form of a no-interest loan, would come from
existing funds, money already earmarked for economic and community
development." This confusing facet of the offer seems to
indicate that the City would become Kiefaber's
lender, leaving him responsible for the loan, but only after he
had already signed the theatre over to another entity.
The article then misleadingly states "This
wouldn't be the first time city coffers have been used to stave
off The Senator's debts. In 2002, the city agreed to guarantee
half of a $1.2 Million loan from 1st Mariner Bank."
This statement is misleading because the loan guarantee did not
reduce the amount of the theatre's debt or "stave off"
the debt in any way.
The article implies that Kiefaber's
family home in Baltimore
County would be released
as part of the deal, without noting that there is a State lien
on the home that the City has no power to release. (As of today, both the City and State liens remain
on Kiefaber's family home.)
January 31, 2009 - In an email to
Laura Perkins, 4th District Councilman Bill Henry confirms that
Senator owner Tom Kiefaber and representatives of the Govanstowne
Business Association and the Belvedere Improvement Association
will not be on the steering committe, but claims that he will
represent their interests on the committee. "The rest of
the committee is a mix of prospective funders, current and former
state and local officials, and community-based non-profit execs,"
he says.
Henry also hints that The Senator
may ultimately not become a non-profit: "I'm not even certain
yet that conveyance to a non-profit is the permanent solution."
By this time, the secretive steering committee
is already meeting, in possible violation of the Maryland Open
Meetings Act. Although the Act allows for exceptions to open meetings
rules when proprietary financial data is involved, the only proprietary
financial data the committee should have been discussing was Tom
Kiefaber's, and he made clear that he would welcome open discussion
of his financial data, since it was already being discussed erroneously
in the press.
If there was any other proprietary financial
data being discussed, whose would it be? Possibly the financial
data of those who hoped to take over The Senator, although the
city did not own it yet? Was this committee making decisions about
The Senator's future based on financial offers from other private
parties that have not been disclosed, before Baltimore City even
owned the theatre?
February 12, 2009 - Laura
Perkins, one of the founding members of Friends of The Senator,
alarmed that the city's steering committee does not include key
stakeholders from the community and is not availing itself of
the expertise of then-Senator owner Tom Kiefaber, meets with 4th
District City Councilman Bill Henry in a private meeting. Henry
notes that key city officials do not like Kiefaber and do not
want to work with him, and proposes that anyone who is concerned
about The Senator's future must band together and help the city
to separate Tom Kiefaber from the theatre his family built and
that he has operated to nationwide acclaim over a 20 year period.
Henry's account of the grudges against Kiefaber in downtown power
circles corroborate what Perkins has learned from Kiefaber and
his associates, except for Henry's shifting of blame to Kiefaber.
Perkins points out to Henry that Kiefaber has an impressive award-winning
track record. Henry dismisses all the awards and positive national
press as "old theatre nuts." Henry also discusses the
city's intent to get control of The Senator, so that nobody else
can get it. He says he is worried about a church taking it over.
February 27, 2009 - In a Daily
Record article, the BDC's Kim Clark
says the city is ready to help The Senator, but only without Tom
Kiefaber. Clark's defaming comments about
Kiefaber escalate the situation and set off months of media attacks
on Kiefaber, which serve to distract from any useful discussion
of The Senator's future that could otherwise be taking place.
Kiefaber is powerless to defend himself against the attacks, since
he is working desperately behind the scenes to save his family
home. City officials have warned him they will take it if he doesn't
comply with their plans.
February 28, 2009 - Ellen Janes of
the Federal Reserve Bank, the head of the city's steering committee,
hints in an email to an associate of Tom Kiefaber's that the steering
committee will decide The Senator cannot be a non-profit and adds
"At any rate, if the [Senator Community] Trust wishes an
active role, they shd begin raising the several hundred thousand
$ reqd to bid at auction--there are likely to be excellent and
well-financed bidders there and its my guess that is likely to
be where we are in a few short weeks..."
March 16, 2009 - For the first
time in 70 years, The Senator stops running first-run movies exclusively.
The local media occasionally persists to this day in reporting
that the theatre has closed, in spite of a wide-ranging ongoing
schedule of events at the theatre.
On this date, the Senator Community Trust,
a fledgling non-profit that at the time said it wanted to raise
money to purchase the theatre, but has since given up on that
goal, was given permission to hold a community meeting at The
Senator. The meeting was moderated by Marc Steiner of WYPR.
During the Q&A portion of the meeting,
Ann Costlow, the owner of the restaurant Sofi's Crepes, next door
to the Charles Theater, made a point to belittle Tom Kiefaber
by saying that if her business was in trouble, she wouldn't expect
help from the taxpayers. Costlow has since been a partner in Charles
Theater owner Buzz Cusack's plan to take over The Senator at great
expense to the city taxpayers. Costlow wants to open another crepe
restaurant in the original Ladies Lounge/Restroom suite of The
Senator, after major demolition of defining features of the original
interior is done, at least partly at taxpayer expense.
March,
2009 - The city's Commission for Historical and Architectural
Preservation (CHAP) schedules for April 14th a meeting
on a proposed landmark designation on The Senator's interior.
The proposal would clearly tie up any future owner's renovations
in potential red tape. The proposal is scheduled for within a
few days of a foreclosure auction on the theatre set for April
20th. The CHAP commissioner pushing for this interior
landmark designation is reportedly Robert C. "Bob" Embry,
President of the Abell Foundation. James "Buzz" Cusack,
owner of the Charles
Theater, is also a
CHAP commissioner.
March 21, 2009 - James "Buzz"
Cusack, operator of the Charles
Theater, recuses
himself from CHAP decisions regarding The Senator, after his clear
conflict of interest is raised by Friends of The Senator leaders.
(Cusack has previously expressed interest in being the next operator
of The Senator.)
March 22, 2009 - In a Baltimore
Sun article, Cusack again expresses interest in being the next
operator of The Senator.
March 28, 2009 - Ellen Janes of the
Federal Reserve Bank, the head of the city's steering committee
on The Senator, approaches Tom Kiefaber in the crowded Saigon
Remembered restaurant, where he is having dinner with FOTS members
Laura Perkins and Gayle Grove, and an old friend of Kiefaber's
who is not involved with the theatre. Janes confronts Kiefaber
"in an unsolicited recitation of the risks he would face
by not immediately accepting the city's latest approach toward
acquiring The Senator debt free," according to an account
written by one of Kiefaber's associates the next day. According
to the written account, Janes also noted "it was not in Tom's
best interests to pursue any other options within his rights,
including [his] counsel's intention to pursue Chapter 11 as a
means of buying time to structure a viable acquisition in the
best interests of the community and integrity and legacy of The
Senator. She went on to outright disparage a third-party consultant
who specializes in troubled asset restructuring and is flawless
in their approval by the courts in these types of proceedings.
Ms. Janes apparently alluded that Tom would lose everything if
he continued conversations with other parties and didn't accept
the city's latest approach - and that the only way the state would
work with him on their position is through an immediate embrace
of the city's prescribed course of action."
March
31, 2009 - In a letter
dated this date, the steering committee's recommendation falsely
states that The Senator cannot be a non-profit without ongoing
city subsidy, and recommends the City put The Senator through
a foreclosure auction.
The recommendation
from the steering committee says that The Senator cannot become
a non-profit, because the committee has concluded it would require
too much ongoing city subsidy. It recommends sending The Senator
to auction to clear the debt. It ignores many facts, such as the
reality that most successful historic theatres have a non-profit
component, and that an auction would not be the only possible
way of clearing the debt.
The recommendation also warns against keeping
the theatre as a first-run single-screen movie theatre, noting
correctly that industry consensus is that this business model
is no longer economically viable.
Note many of the names who are either
on the steering committee, or to whom the steering committee is
grateful for their help: Ellen Janes, Bill Henry, Kimberly Clark,
Buzz Cusack, Bob Embry, the Abell Foundation. The letter is addressed
to then Deputy Mayor Andrew Frank. All of these people pop up
in other roles over time in this story. In the context of the
steering committee, they were clearly discussing Tom Kiefaber's
financial data and his private property, and the disposition of
his private property, as well as how the city could get control
of his private property, in closed door meetings without his input.
April 1, 2009 - With Tom Kiefaber as a guest on Dan Rodricks' Midday
show on WYPR, Rodricks and Deputy Mayor
Andrew Frank ambush Kiefaber on the air and ask him to comment
on the steering
committee's letter, of which he has not been given a copy.
During the show, then Deputy Mayor Andrew
Frank asserts that the steering committee has recommended that
the city acquire the theatre and keep it as a first-run movie
theatre. (The steering committee actually sent mixed signals on
that, acknowledging that it was industry consensus that a first-run
for-profit single-screen business model was no longer economically
viable.) Frank notes that the City intends to keep The Senator
a first run movie theatre (MP3
audio), and also notes that the City has already had talks
with private parties interested in operating The Senator as a
first-run movie theatre (MP3
audio).
April,
2009 - The League of Historic American Theatres (LHAT), a
prestigious Baltimore-based organization of historic theatre professionals,
reaches out to the BDC on multiple occasions and offers to meet
with them and offer the expertise of LHAT's
board members in planning The Senator's future. LHAT's
offer is repeatedly refused by the BDC.
April 14, 2009 - CHAP cancels
its hearing on the interior landmark designation on The Senator.
The hearing is rescheduled for May 12th.
April 15, 2009 - The 1st
Mariner Bank Foreclosure auction on The Senator is canceled, because
the City is buying out The Senator's mortgage, and is planning
its own foreclosure auction, expected at that time to be held
in May.
May 12, 2009 - CHAP passes
its controversial interior controls on The Senator, over the objections
of then owner Tom Kiefaber and Friends of The Senator leaders.
Kiefaber testifies that, although he has always fought for preservation
of The Senator and is in principle aligned with the legislation's
goals, the timing of the action shortly before a foreclosure auction
is problematic, because it sends a signal to potential bidders
that if they are not wired in with the downtown power structure,
they will encounter red tape. He expresses alarm that this will
suppress interest in the auction, and asserts that two separate
private investors have already abruptly ended negotiations with
him due to CHAP's actions. He also points out that the original Ladies'
restroom is not protected by the proposed legislation. (Video:
Part 1,
Part 2,
Part 3,
Part 4,
Part 5,
Part 6,
Part 7,
Part 8)
May 13, 2009 - The City Board
of Estimates approves funds for the city to buy out The Senator's
mortgage. The city plans to hold their own
foreclosure auction on the theatre. City officials and local media
were quick to claim that the city now owned The Senator, although
this was not true at the time.
It's important to note that up until this
point, Kiefaber did not owe Baltimore City a single dime from
taxpayer-funded loans.
Up to this point, Kiefaber was indebted
to First Mariner Bank, not Baltimore City. The City had previously
placed a $600K loan guarantee on the First Mariner loan, but the
City was never going to become liable for that money, because
the loan was overcollateralized, and First Mariner would have
had to foreclose on and sell The Senator, Kiefaber's family home,
and another residential property on Orkney Road first.
The City bought out the First Mariner Bank
mortgage, because they wanted to be able to foreclose on The Senator
themselves.
May 20, 2009 - State Senator
Joan Carter Conway holds a raucous public meeting at The Senator
to discuss the current situation, with members of the community
and city and BDC officials present. At the meeting, Kim Clark
of the BDC calls the recent CHAP action "unnecessary and
ill-timed." (Video)
When asked why she had defamed Tom Kiefaber in a February Daily
Record article, Clark claims to have been
misquoted.
Community members in the audience accuse city
officials of having a hidden agenda with regard to the theatre.
When pressed, officials state the city's foreclosure auction on
The Senator will happen in about 60 days, and they commit to widely
publicizing the auction.
4th District Councilman Bill Henry
does not attend the meeting, citing a conflict, but is seen after
the meeting at neighboring restaurant Zen West.
May 28, 2009 - The City's
foreclosure auction on The Senator is scheduled for July 21, 2009 (later moved to July 22, 2009). City and BDC officials publicly
state that the winning bidder will need $1 million to buy the
theatre.
June,
2009 - When charges are made that the city is gambling with
The Senator's future, Councilman Bill Henry claims the city will
control the outcome of the public foreclosure auction on The Senator
Theatre.
June 26, 2009 - Gayle Grove,
long-time manager at The Senator, emails the BDC's
Kim Clark to ask for the list of places where the city will advertise
the auction of The Senator. Clark responds
"The auction will be advertised in the Sun, Daily Record,
Wall Street Journal and on every historic
theatre group website that we could find and the National Trust
website."
July 7, 2009 -
After finding only the promised Daily Record advertisement of
the auction and not finding one in the Wall Street Journal, Gayle
Grove emails Kim Clark again to ask again for a list of places
the auction will be advertised. Clark responds
with a list of 9 places, many of them web sites (including a Facebook page), or email newsletters.
Ms. Grove contacts several of the places where
the ads are supposed to have been placed, only to be told "I'm
also unable to find a listing for the Senator Theater auction
on our website" and "The ad for the Senator auction
was not posted on our site as we do not accept advertising in
that format" by two of them. Other "advertisements"
are not paid advertisements, but notices sent out by request to
email lists.
July 7,
2009 - An open letter to Councilman Bill Henry, sent out by
Senator owner Tom Kiefaber on The Senator's listserv, states in
part "In that context, you have also gone as far as to publicly
reference Buzz Cusack's avowed interest in owning the theatre,
perhaps with a BDC encouraged purchase of the iconic landmark
Senator Theatre and its adjacent cafe space, subsidized by the
city and the seizure of my residential Orkney Road property."
At the same time, the theatre's marquee reads "THE CITY'S
AUCTION OF THE SENATOR IS RUSSIAN ROULETTE OR A RIGGED SHAM."
At the same time, volunteers gather to paint
The Senator's sidewalk blocks. (Video)
July 10, 2009 - Theatre Historical
Society of America visits Senator Theatre during their annual
conclave and awards Tom Kiefaber their prestigious "Creating
Theatre History" award. (Video)
July 20, 2009 - The BDC issues
its second draft of the RFP on The Senator, even though the city
does not yet own the theatre. The RFP is drafted without consulting
historic theatre planning and redevelopment professionals.
July 22, 2009 - Bill Henry's
prediction that the city will control the outcome of the foreclosure
auction on The Senator comes true when, after only one other bid
from an undisclosed bidder, the city buys the theatre at auction
for $810,000. The price is well below the $1 million that Henry
and Kim Clark at the BDC had previously publicly stated would
be the minimum bid. After the auction, potential bidders who did
not bid cited the city's confusing actions prior to the auction
as the reason they did not bid. (Video)
July 23, 2009 - In a Baltimore
Sun article, "City Takes Over Ownership
of Senator," James "Buzz" Cusack indicates he is
interested in running the theatre. Interesting quotes from the
article:
"Frank pledged
that the city's efforts to find an owner or operator would be
"a wide-open transparent process" that would "rebuild
trust with the community and other stakeholders."...
Baltimore Comptroller
Joan M. Pratt was also disappointed by the result, but for different
reasons. She warned that the city should have "cut its losses"
and sold the theater for $800,000 to the sole bidder.
"They should have let them have it," Pratt said. "We
know that the city does not have funds to operate, maintain and
retrofit a movie theater. The city of Baltimore
should not be in the business of owning movie theaters."
...
Cusack, of the Charles
Theatre, predicted
that the next owner will have to pour money into the building,
fixing a leaky roof, replacing seating and stucco on the exterior.
"By the time you renovated it, you'd have the same [financial]
problems Tom had," Cusack said, who added that $800,000 was
well above what he could have afforded to pay....
Baltimore
became financially involved with the theater in 2002 when the
city guaranteed half of a $1.2 million loan extended to Kiefaber
by 1st Mariner Bank. Kiefaber defaulted on that loan this year.
Faced with losing the $600,000 that the city guaranteed, Dixon
decided instead to purchase the mortgage for $950,000. City officials
said they would not sell the theater for less than that."
This last quote is interesting for all kinds
of reasons. First, it is incorrect, in that the city was never
in danger of losing their $600,000 loan guarantee. The loan on
The Senator was over-collateralized, and Tom Kiefaber's
other property, including a residential property on Orkney
Road and his family home, would have
had to be foreclosed upon and sold before the bank could touch
the city's loan guarantee.
The article also incorrectly states "Kiefaber
had initially supported the city's decision to take over the Senator's
mortgage in a deal that allowed him to keep his Baltimore County
house, which had been offered as collateral for the theater mortgage."
This is wrong, because the city forced Kiefaber to sign an agreement
that would only release the lien on his Baltimore
County home if the
theatre sold for over $1 Million, or if he turned over his Orkney
Road residential property to them.
The theatre did not sell for over $1 Million, because city officials
took various actions to confuse potential bidders and talk down
the value of the theatre. To date, the City has not released the
lien on his Baltimore
County house. Even
if the City did release the lien on his Baltimore
County house, there
is also a State lien on the house, so he would be likely to lose
the property anyway.
The amount of the loan guarantee became part
of the total $950,000 the city used to acquire the theatre. Note
also that Mayor Dixon said the city would not sell the theatre
for less than $950,000.
September 21, 2009 - The BDC
issues the RFP on The Senator, which was formulated without consulting
historic theatre planning and redevelopment professionals. The
League of Historic American Theatres had previously offered to
help on multiple occasions, but the BDC refused.
September 23, 2009 - The Baltimore
Messenger publishes an article
about the RFP that has been issued for The Senator by the BDC.
In the article, Councilman Bill Henry comments that language allowing
other uses besides as an entertainment venue is "in case
someone operating the movie theater wanted to do another type
of business as well, like run a restaurant." The next paragraph
of the article goes on to say:
"Operating the theater as a restaurant
too is conceivable. For example, James "Buzz" Cusack, owner of
the Charles Theatre and an adjoining restaurant, said this summer
he would consider running a theater and a restaurant in the Senator
building."
Later in the article, Henry speculates on
someone who owns another theatre being able to make The Senator
work as a single-screen:
"Henry said he thinks it would
make sense for other movie theaters in the city, such as the Landmark
Harbor East or Horizon Cinema's Rotunda Theater, to operate the
site."
"The economics of a single-screen theater might
not work with current movie theaters, but if you own another theater,
it's not a single screen anymore," he said.
October 5, 2009 - On the day
of The Senator's 70th anniversary, the BDC holds a
pre-proposal meeting at The Senator, for parties interested in
responding to the RFP to have their questions answered. BDC officials
state that all written questions must be submitted by the next
day.
October 14, 2009 - BDC releases
answers to questions posed at the pre-proposal
meeting and the next day.
November 20, 2009 - Deadline
for proposals to be submitted to the BDC.
November 23, 2009 - BDC issues
press release indicating that 4 proposals have been submitted
for future use of The Senator.
December 17, 2009 - CHAP's proposed interior controls on The Senator are passed
through the city's planning commission. They are still not law,
however, as they have yet to be passed by the city council. Former
Senator owner Tom Kiefaber and FOTS representative Laura Perkins raise
the issue of why the original Ladies' and Men's Lounges and Restrooms
are not protected by the proposed rules.
January 5, 2010 - BDC holds public meeting at The Senator,
during which the 4 proposals are briefly summarized by their development
teams. By now it is obvious that only 2 of the proposals are at
all serious. Towson University/WTMD and James "Buzz"
Cusack, the operator of the Charles
Theater, emerge at
the top contenders. It is also obvious, at least to anyone who
has studied the fate of historic single-screen theatres across
the nation and successful historic theatre redevelopment projects
in other cities, that only the TU/WTMD proposal, which would result
in non-profit ownership of The Senator, is actually viable. This
latter point is not, however, realized by the general public.
January 6, 2010 - First meeting of the BDC's Senator Theatre advisory panel, which
includes community leaders and representatives of theatre advocacy
groups, but does not include any expert in historic theatre redevelopment
or film exhibition, and includes only one representative of the
local business community. The panel rejects two of the
proposals, leaving only TU/WTMD and Charles
Theater owner Buzz
Cusack as the contenders.
The Senator Theatre
advisory panel meetings are closed-door meetings held at the BDC
in possible violation of the Maryland Open Meetings Act. The excuse
given for the closed door meetings is that proprietary financial
data will be discussed, but the panel members are not financial
experts, and very little of the information discussed is proprietary
financial data. Any legitimate proprietary financial data could
have been redacted. Previous court
rulings held that the BDC is a public agency and is therefore
subject to both the Maryland Open Meetings Act and the Maryland
Public Information Act.
January 26, 2010 - Local media
find out and reports that the number of proposals is down to two.
January 29, 2010 - After FOTS
persistently requests that the BDC consult historic theatre redevelopment
experts, the BDC belatedly sends a short questionnaire to League
of Historic American Theatres board members by email. They get
two responses. One
of them, from John Bell, Executive Director of the Tampa Theatre,
is shared with most of the advisory panel. When taken in context
with the details of the proposals on the table, it makes clear
that the proposal from James "Buzz" Cusack, operator
of the Charles Theater,
is not viable. The second response from an LHAT board member is
reportedly so scathing that it is ordered to be suppressed by
officials at the highest levels of the BDC. It is not given to
the advisory panel.
February 9, 2010 - Laura Perkins, FOTS representative
on the BDC's advisory panel, learns
from another advisory panel member that the expert opinion from
John Bell was sent to the rest of the advisory panel on February
8th, but was not sent to her. She informs the BDC that
the inadvertent oversight has been rectified, and that she now
has John Bell's
answers to the questionnaire.
February 16, 2010 - At the
second advisory panel meeting, Laura Perkins, FOTS representative,
resigns in protest from the panel with a written
statement she has prepared ahead of time. She informs
the Mayor of her decision, due to the BDC's repeated refusals to actively consult historic theatre
redevelopment and film exhibition experts and follow their guidance.
By this point, it has become clear to Perkins
that the advisory panel is a sham process, set up to give the
BDC cover for a decision that has already been made. Perkins writes
in notes taken at the meeting that it is clear within 10 minutes
of the meeting's start that Brodie, adaptive reuse consultant
Marty Azola, who was brought in by the BDC just for this meeting,
and others in the meeting who work for the city are setting up
heavy-handed excuses to hand the theatre to Buzz Cusack. Perkins
writes that when she saw the obvious fix, she almost walked out
of the meeting after these first 10 minutes, but stayed to listen
to what else was said.
In the following days, two other advisory panel
members write letters of concern about the process to the Mayor.
These include Karen Colizzi Noonan,
President of the Theatre Historical Society of America, and Rick
Swanson, then president of the Govanstowne
Business Association.
February 24, 2010 - FOTS President Tom
Harris writes
to the Mayor, calling for historic theatre redevelopment experts
and film exhibition experts to guide the RFP process on The Senator.
February 27, 2010 - Karen Colizzi Noonan,
President of the Theatre Historical Society of America, writes
to the Mayor, calling for guidance of the RFP process by historic
theatre and preservation experts.
March 10, 2010 - Deputy Mayor
Andrew Frank resigns. Frank initiated the city's mishandling of
the redevelopment process for The Senator when he responded to
the community's call for a collaborative process with a heavy-handed
attack on Tom Kiefaber and began the process of the city's hostile
takeover of The Senator in January, 2009.
March 11, 2010 - A letter
from Baltimore Heritage Executive Director Johns Hopkins asks
Mayor Rawlings-Blake to ensure that historic theatre redevelopment
experts be consulted on the BDC's Senator RFP process, and that
a preservation expert be appointed to the BDC's board.
March 18, 2010 - A letter
from theatre history expert and author Bob Headley to Mayor Rawlings-Blake,
asking her to ensure that theatre preservation experts are consulted
and to add a preservation expert to the BDC's board.
March 19, 2010 - A letter
from Preservation Maryland to Mayor Rawlings-Blake, asking her
to require that historic theatre preservation experts be consulted
on the BDC's Senator RFP process.
March 26, 2010 - A letter
from the National Trust for Historic Preservation to Mayor Rawlings-Blake,
asking her to require that preservation experts, historic theatre
redevelopment experts, and film exhibition experts be consulted
on the BDC's Senator RFP process.
Late
March, 2010 - Abell Foundation President Robert C. "Bob"
Embry and BDC President M.J. Brodie allegedly go to Towson
University for a closed-door
meeting with Towson University President Robert L. Caret. FOTS
members hear about the meeting ahead of time through multiple
sources, and privately predict among themselves that this meeting
signals the end of the Towson University/WTMD RFP. The meeting
seems to be confirmed by multiple sources after it allegedly occurs.*
* Robert C. Embry has since denied that he was
at such a meeting.
April 1, 2010 - Towson
University withdraws
its proposal for the future of The Senator, citing financial concerns.
Sources close to the University indicate that the University had
the money for the proposal. This leaves James "Buzz"
Cusack's heavily flawed proposal as the only one left on the table.
April 3, 2010 -
Laura Perkins writes to Assistant Deputy Mayor Kaliope
Parthemos to request a meeting between
FOTS and the Mayor. Perkins expresses concern that the remaining
proposal left on the table is unacceptable, and that the BDC withheld
from the advisory panel one of the expert opinions they solicited
from a LHAT board member.
April 9, 2010 - FOTS President Tom Harris follows up on
the request by Perkins for a meeting with the Mayor, by submitting
a meeting request through City Hall's web site.
April 13, 2010 - Baltimore City forces
Tom Kiefaber to sign a month to month
license agreement for his interim operation of The Senator.
The lessor is DHCD.
April 14, 2010 - Leading art
restoration expert John Canning of Canning
Studios visits The Senator to examine the outer lobby mural
and give an expert opinion on its condition and necessary restoration.
Canning Studios is an art restoration company that has extensive
experience with historic theatres, including Radio City Music
Hall, and other historic buildings. FOTS has called for a professional
estimate due to Buzz Cusack's assertion that all the mural needs
is to have some glue squirted in behind some parts of it, so it
can be stuck back to the wall.
Mr. Canning's expertise is obvious when, within
the first 5 minutes of looking at the mural, he notes a commercial
varnish has been applied at some point many years ago to the green
areas of the mural, making it shiny and distorting the canvas.
Canning also notes that these green portions may have been overpainted
at some point, making the outlines of the figures too stark. Mr.
Canning also guesses immediately that the mural was stuck to the
wall originally with an old-fashioned wheat paste, which he confirms
on further inspection. Canning's discussion of the various types
of adhesive that were used in the period includes information
about a lead-based adhesive (not used at The Senator). He tells
FOTS that we're lucky the lead-based adhesive wasn't used, because
it would have made the canvas mural very difficult to remove for
proper cleaning and restoration. It is obvious from this discussion
of adhesives that using the wrong type of glue to stick the mural
back to the wall could permanently damage the mural.
April 21, 2010 - Written estimate
from John Canning of Canning Studios prices restoration of The
Senator's outer lobby mural at $83,000.
April
22, 2010 - The BDC recommends James "Buzz" Cusack's
proposal, which
includes interior demolition
of original features of The Senator at taxpayer expense, which
film exhibition and historic theatre redevelopment professionals
have said will not be economically viable, and which asks for
more public subsidy from city taxpayers than Tom Kiefaber ever
received or ever even requested.
Cusack's request for public subsidy
totals approximately $1.7 Million, depending on how you estimate
the market value of a 15 year lease on The Senator, which Cusack
is requesting for $1 a year, in addition to $700,000 of other
public financing. The original portions of the building to be
demolished include
parts of the walls of the outer lobby and the Ladies' and Men's
lounges and restrooms. These same parts of the interior are apparently
not protected by the CHAP interior landmark designation proposed
in May 2009, while Cusack was a commissioner on the CHAP board.
April
23, 2010 - Laura Perkins of FOTS writes an email to Mayor
Stephanie Rawlings-Blake imploring her not to accept Cusack's
proposal, and stating that the BDC refused expert input from LHAT,
ignored an expert opinion from John Bell, suppressed another expert
opinion from a LHAT board member, and that Cusack is now asking
for more public subsidy from city taxpayers than Tom Kiefaber
ever received.
FOTS President Tom Harris also sends
an email to the Mayor, asking her to make sure she has all the
information before making a decision on the Cusack proposal. In
his email, Harris notes that Cusack is asking for $700K in public
subsidy, his proposal is not a viable, sustainable solution, and
he plans interior demolition as part of his proposed "restoration."
April 26, 2010 - In a Facebook message to Laura Perkins, Deputy Mayor Andrew Frank
admits that the $180,000 the city gave The Senator in 1999 was
a grant. He has previously characterized it to the press as a
loan that Tom Kiefaber did not repay.
In the message to Perkins, Frank also
says "In total, the City provided $800,000 to The Senator,
including a small grant made during the Schmoke administration." He continues to insist that
the $600,000 loan guarantee was "actual money," in spite
of having told the press on previous occasions that there was
no city financing involved in Kiefaber's loan and that there was too much collateral on
the loan for the city to ever become liable for the full amount.
The message is basically an admission by Frank that, apart from
the $600K loan guarantee (for which the city never became liable),
all the City ever gave The Senator under Kiefaber's ownership
was $200,000 total.
April 30, 2010 - The Mayor's office finally responds
to Tom Harris' request for a meeting, offering 30 minutes on May
6th for a meeting between the Mayor, her staff, FOTS,
and a BDC representative. Harris responds to ask that the BDC
not be included in the meeting.
May 4, 2010 -
Meeting is confirmed between FOTS and the Mayor's office. The
Mayor's office insists on having a BDC representative present.
May 5, 2010 -
In an email to FOTS President Tom Harris, Rick Swanson, former
President of the Govanstowne Business
Association, who participated on the BDC's
Senator advisory panel, states "My perception of the BDC
operation of the 'Senator Advisory Panel' was that it was set
up from the beginning to 'approve' of the Cusack proposal."
May 6, 2010 - FOTS members Tom Harris, Laura Perkins,
and Djuann Ray meet with Mayor Stephanie
Rawlings-Blake, Deputy Mayor Kaliope
Parthemos, outgoing Special Assistant
Babila Lima, newly hired Special Assistant
Kumasi Vines, and the BDC's Kim
Clark. FOTS request that the Mayor's staff contact Fran Holden
from LHAT and historic theatre planner Janis Barlow. Deputy Mayor
Parthemos commits to making those calls.
FOTS tell the Mayor there is a vibrant future for The Senator
as a multi-purpose entertainment venue, but that the current proposal
on the table, the Cusack proposal, is deeply flawed. It is clear,
however, that the Mayor and her staff have been mislead
by the BDC on the proposal. They claim the process was open and
transparent and that Cusack is an "expert."
May 11, 2010 - FOTS sends a four page letter
to Deputy Mayor Parthemos, refuting
some of the erroneous points that the Mayor, her staff, and Kim
Clark had made in their meeting on May 6th. This is
accompanied by a two page critique of Cusack's plan and his "expertise,"
as well as the expert opinion the BDC solicited from Tampa Theatre
Executive Director John Bell. The main points made in the FOTS
letter include stating that the result of the BDC's
process may have been decided over a year before, that the BDC
refused input from LHAT in April 2009, that they hid a second
expert opinion from an LHAT board member, and that BDC President
Brodie and Abell Foundation President
Robert C. Embry had a secret closed-door meeting with Towson University
President Robert L. Caret only days before TU withdrew their superior
proposal for The Senator's future.
May 12, 2010 - Fran Holden,
Executive Director of LHAT, tells Tom Kiefaber that she received
a call from Deputy Mayor Parthemos.
Parthemos indicated during the call
that the Mayor was leaning toward recommending Cusack's plan.
Holden was very neutral during the call and did not try to talk
her out of it, but did confirm to Parthemos
that LHAT had offered their assistance to the city on several
prior occasions.
May 13, 2010 - FOTS President
Tom Harris writes by email to City Council President Bernard "Jack"
Young and Comptroller Joan Pratt to inform them that statements
they made in an Investigative Voice article regarding the Cusack
proposal for The Senator are incorrect. Specifically, Harris informs
them that Cusack's proposal is to rent the theatre, not buy it,
that his proposal would not leave the theatre on the tax rolls,
and that in addition to a $600K loan, he is asking for a $100K
grant. Harris offers to share with them the same information FOTS
shared with Deputy Mayor Parthemos,
and requests a meeting with Young and Pratt.
May 16, 2010 - Deputy Mayor
Parthemos informs FOTS President Tom
Harris via email that the Mayor is probably going to accept the
Cusack proposal. She states in her letter that she has spoken
to the "experts" (plural). FOTS have reason to doubt
that she actually spoke to historic theatre planner Janis Barlow,
as requested.
May 17, 2010 - Tom Kiefaber
confirms with Janis Barlow that in fact, she has not spoken with
Deputy Mayor Parthemos. Kiefaber contacts Parthemos
by phone to request that the Mayor's office hold off on any decision
until they better understand the ramifications, and he requests
a meeting with the Mayor's office. He has not received a response
to date.
Laura Perkins sends a follow-up email
to City Council President Young and Comptroller Pratt, reiterating
the FOTS request for a meeting, and forwarding them the letter
that FOTS sent to Deputy Mayor Parthemos on May 11th. Perkins also forwards the
letter to the Baltimore City Board of Ethics, requesting a meeting
with them.
May 18, 2010 - Laura Perkins, Managing
Director of Friends of The Senator, writes
to Deputy Mayor Kaliope Parthemos to warn her that she believes
the BDC is asking the Mayor to help them commit a federal crime,
by taking the private property of one individual and using it
to financially benefit another individual, at taxpayer expense.
May 19, 2010 - Laura Perkins follows
up on her letter to Deputy Mayor Parthemos with a second letter.
The second letter praises Tom Kiefaber's expertise and asks the
Mayor's office to consult with him. It also reiterates Perkins's
belief that the BDC is in the process of committing a federal
crime by taking Mr. Kiefaber's private property and using it to
financially benefit Buzz Cusack. Perkins gets no response to either
letter.
May 24, 2010 - Tom Kiefaber
follows
up on his request to meet with the Mayor and her staff, to
which he has still not received a response.
June 7, 2010 - Tom Kiefaber emails a third
request to meet with the Mayor and her staff. He has still not
received a response.
June 8, 2010 - Historic Theatre Planner Janis Barlow confirms
by email that she has still not received a call from the Mayor's
office to discuss The Senator, in spite of the promise Deputy
Mayor Parthemos made on May 6th to call her.
June 11, 2010 - The BDC announces
to the media that the Mayor has approved Cusack's proposal, in
spite of the fact that the Mayor has not made any public announcement.
On the same day, City Solicitor Lawrence Jenkins mails a registered
letter to Tom Kiefaber's home. The letter is an eviction notice
from "the City," instructing Mr. Kiefaber to vacate
The Senator Theatre by midnight on Sunday, June 27th. The letter
does not come from, nor is it copied to, the DHCD office on Fayette
Street, which is the Lessor, according to the
license agreement Mr. Kiefaber has signed.
The Senator begins an engagement of Fritz
Lang's classic 1927 silent film, "Metropolis," to which
lost footage has recently been restored. Attendance for the 11
screenings scheduled in the first week is modest, but respectable.
June 21, 2010 - City Solicitor Lawrence
Jenkins is quoted in the Daily Record, noting that he has sent
Tom Kiefaber an eviction notice. Mr. Kiefaber responds that this
is a private legal matter, and that he intends to begin a run
of the first-run film "The Twilight Saga: Eclipse" on
June 30th, as previously scheduled.
June 22, 2010 - Tom Kiefaber sends
a response
letter to City Solicitor Lawrence Jenkins, in which he questions
the legality of the eviction notice he has received and alleges
fraud and collusion among some city and BDC officials and Robert
C. Embry of the Abell Foundation, both in the acquisition of his
theatre, and in the subsequent RFP process. The letter is published
in full on the Baltimore Sun's web site.
June 25, 2010 -
The City extends Tom Kiefaber's license until July 21st,
so the run of "The Twilight Saga: Eclipse" can take
place as scheduled.
June 30, 2010 - The Senator begins
a run of the highly anticipated "blockbuster" summer
film "The Twilight Saga: Eclipse," which sets box office
records upon opening, but not at The Senator. At The Senator,
29 screenings are scheduled in the first week. The total box office
for these 29 screenings of the record-setting blockbuster is outgrossed
by the 11 screenings in the first week of The Senator's run of
the 1927 silent film "Metropolis" that started on June
11th.
The attendance for "The Twilight Saga:
Eclipse" is so poor that for the first time in 35 years in
the film exhibition business, Tom Kiefaber requests a checker
from the film distributor, to verify that the grosses he is reporting
are accurate. Checkers come on several subsequent days, and openly
state to FOTS volunteers their amazement that the film is grossing
so poorly at The Senator. None of this surprises Kiefaber or The
Senator's long-time managers, who have noted a decline in attendance
for first-run films for many years prior to this.
July 15, 2010 - FOTS President Tom
Harris writes to Deputy Mayor Kaliope Parthemos to ask what the
process is moving forward, and whether the theatre will close
after Kiefaber and FOTS are evicted on July 21st.
The Deputy Mayor's response:
"I am referring to Kristen [Mitchell
of the BDC] on the process moving forward. I am sure the theater
will go dark until Mr Cusack is ready to move forward and negotiations
have been completed. Mr Kiefaber is to cease all operations on
the 21st under any circumstance. Thank you. "
July 16, 2010 - FOTS puts out a press
release announcing that the Mayor's office has said The Senator
will go dark on July 21st, and demanding an explanation for this.
The response
comes from Kathleen Cusack, daughter of Buzz Cusack, not the Mayor's
office. She says the theatre will reopen quickly and ""It
could be as little as two days or a week," while also noting
that their plan is not finalized yet.
Now that FOTS has the media's attention,
we follow up immediately with a second
press release, in which Tom Kiefaber joins us in alleging
that both the City's acquisition of The Senator and the BDC's
RFP process were tainted by collusion and fraud. The press release
specifically names former BDC official and Deputy Mayor Andrew
Frank, BDC President M.J. Brodie, BDC Executive Vice President
Kimberly Clark, 4th District Councilman Bill Henry, and Abell
Foundation President Robert C. Embry as co-conspirators.
July 19, 2010 - In an email to Tom
Kiefaber, President Robert C. Embry of the Abell Foundation denies
that he met with Towson University President Robert Caret in March
and urged him not to pursue Towson's operation of The Senator.
The denial
is then repeated in the Baltimore Sun, with Towson spokeswoman
Marina Cooper adding that Caret and Embry do dine together on
occasion.
July 20, 2010 - Friends of The Senator
press release indicates that the theatre's last hurrah, before
going dark after 71 years of family ownership and operation, will
be a showing of a rare 1977 British I.B. Technicolor print of
"Star Wars: A New Hope."
July 21, 2010 - The last day of 71
years of operation of The Senator Theatre by Tom Kiefaber and
his family. Friends of The Senator give a press conference with
Kiefaber, discussing the theatre's preservation needs, hopes for
a reopening of the theatre, and warnings of the pitfalls ahead.
(Press conference video: Remarks by FOTS Managing Director Laura
Perkins, Remarks by FOTS President Tom
Harris, Remarks by former Senator owner Tom Kiefaber: Part
1, Part
2)
In the afternoon and evening, FOTS hosts two
free showings of the original 1977 version of "Star Wars,"
with a beautiful I.B. Technicolor print from a private collection.
Both shows are heavily attended. The second show is standing room
only, with standing ovations for Tom Kiefaber's introduction of
the film.
During the evening, Kiefaber has a conversation
with City Solicitor Lawrence Jenkins, who is attending the film.
Kiefaber understands Jenkins to say that Kiefaber may move his
personal possessions out of the theatre over the next couple of
days. Kiefaber hands over his key to the theatre to Jenkins. At
approximately 3 A.M. on July 22, Kiefaber switches off the theatre's
lights and the marquee for the last time, and exits the theatre
with members of the volunteer staff.
July 22, 2010 - Longtime
Senator Theatre manager and expert projectionist Bill Hewitt arrives
at The Senator around 11 AM, expecting to be able to get in and
pack his personal belongings, based on the conversation that Tom
Kiefaber had with City Solicitor Lawrence Jenkins the night before.
Instead, he finds that the City has already changed the locks,
but the City has left the side door to the theatre unlocked on
their first day of stewardship of the theatre. Mr. Hewitt informs
Mr. Kiefaber of this situation, and they contact volunteers who
are available to help them move, while they still have access
to the theatre.
A couple of hours later, while Tom Kiefaber,
Bill Hewitt, and two of their associates are in the theatre packing
their accumulated belongings from 71 years of operation, Ann Costlow,
the owner of Sofi's Crepes, who plans to open a crepe restaurant
in the theatre's original Ladies Lounge/Restroom suite, arrives
at the theatre looking for the BDC's recommended new operator,
Buzz Cusack. After seeing Mr. Kiefaber working to pack his personal
possessions, she goes outside and gets on the cell phone.
Moments later, several police cars arrive.
The police tell Mr. Kiefaber, Mr. Hewitt, and their two helpers
to sit on the benches in the outer lobby and take the I.D. of
all four people. They are kept there for about an hour while the
police make various calls, trying to ascertain whether Kiefaber
and Hewitt have authorization to be in the theatre. Kiefaber tells
them to call Jenkins. The elderly Mr. Hewitt is clearly physically
uncomfortable at being made to sit on the bench for so long.
Meanwhile, Ann Costlow is seen
outside on the cell phone for quite some time, apparently making
multiple phone calls. (She has since denied calling the police.)
The response from the police to whatever
call they may have received seems to be overkill. At one point,
nine police cars are reported to have surrounded The Senator Theatre,
but no arrests or charges are ever made.
Eventually Mr. Jenkins arrives from the
City Law Department to supervise the move, and tells the police
to let Kiefaber and Hewitt and their helpers continue with their
work.
A reporter for one of the local news organizations
later tells Kiefaber that someone was trying to make a news story
out of his attempt to move his personal possessions out of the
theatre, and that a woman had called several times, attempting
to whip this up into some kind of media incident.
July 25, 2010 - FOTS Managing
Director Laura Perkins notes that the marquee and neon of the
theatre have been left on 24 hours a day for the past 3 days since
the city acquired the theatre, with nobody in the theatre, and
the utility bills being paid by the taxpayers.
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