Allan Appel Photo
Wolf and Criscuolo at Thursday’s hearing.
The regional arts education organization ECA/ACES has decided to try to buy the John Slade Ely House at a fair market price as the centerpiece of a city-endorsed plan to rescue the now shut-down arts center on Trumbull Street.
And rather than fight the plan, the building’s trustee now promises to support it.
That plan in still schematic form was unveiled Thursday morning in the chambers of Judge Frank Forgione’s North Branford Probate.
The plan forsees ECA/ACES purchasing the John Slade Ely House at a fair market rate; renovating it for use as a school facility for its visual arts programs, which work includes putting in an elevator among other improvements; yet still preserving studios and space to rent to the arts clubs that have been using the building for a half century’s worth of exhibitions.
Thursday’s hearing was the latest round of sessions held to determine the fate of the Trumbull Street arts center. Wells Fargo, the fiduciary agent of the trust that controls the building, announced earlier this year its plan to sell it. It stated that income from the trust fund is insufficient to keep pace with expenses and the principal is being regularly invaded. The center’s art-group tenants, other local artists, and New Haven’s Harp administration implored Probate Forgione to stop the sale and approve a community plan to preserve the space as a community arts center. Thursday’s was the third hearing Forgione has held to try to push all sides to an agreement.
At the previous status hearing on the matter three weeks ago, ECA/ACES had proposed renting the space and then sub-leasing to the arts group. That plan was pronounced too sketchy at the time by Aaron Bayer, lawyer for Wells Fargo Bank, the trustee of the Grace T. Ely Trust, which manages the property.
Hence the new version of the plan presented Thursday, under which ECA/ACES would buy the property. ACES, a regional education group, runs ECA, the Educational Center for the Arts, a regional arts-themed afternoon public high school, a block away on Audubon Street.
On Thursday, the bank’s representatives expressed support for the purchase as the center of a rescue plan, although many details, including what “fair market price” means, remain to be worked out.
When Wells Fargo originally announced its plan to sell the beloved arts center building, a crisis for many community artists was put in motion. Rumors spread that a sale was imminent, the long-time curator was asked to leave the premises, and the ousted arts groups formed a Friends of the John Slade Ely House group, and sought the help of the state Attorney General’s office.
Thursday morning’s hearing was a giant step forward in the process.
The change came about because ECA realized that purchase is more desirable for all the parties, according to the New Haven government’s arts, culture, and tourism chief, Andrew Wolf.
“They do have the acquisition funding in place and the know-how to achieve dramatic and cohesive and collegial outcomes,” Wolf reported in an email after Thursday’s hearing.
“Last month the option was to either purchase or to lease it for a period of at least 20 years. The issue of leasing for the long-term was frowned upon by the Trust and the groups at Probate Court. ACES is prepared to purchase the property in the near term. When our two appraisals and environmental assessments are completed we will be in a better position to talk about price,” said Evelyn Rosseti-Ryan, the public relations and marketing manager for ACES.
The plan’s basic outline in three phases was worked out in down-to-the-wire emails the night before the hearing:
The clubs’ lawyer, Ian Borkman, and ECA/ACES Danehy.
Phase One: Between December 2015 and January 2017, ECA/ACES arranges for appraisal, inspections, and then buys the building at fair market rate, secures it against winter, formally rents to the clubs, and works with the city on all approvals for zoning, while ECA hustles to get state and other grant monies to fund the work The building remains open, but largely for folks to develop renovation plans bringing the building up to speed for a school, like putting in an elevator and updated HVAC.
Phase Two:Between February 2017 and August 2018 the building is closed for the renovations. They may include possible additions at the rear of the property to streamline access and security for both school kids and art-going public. During this time the annual shows and other exhibitions and activities the clubs put on will take place in rented space, location and who will pay the bills for same yet to be worked out.
Phase Three: The new building opens, all up to code and security as a school facility. ECA has use of the third and second floors for the school year and the first floor for three marking periods. The clubs and Friends have the first floor and half the second floor, by lease, but only for July and August. During the school year the arts groups lease the first floor for just that one marking period, although they lease the rear studio on the first floor for the full year, but they have to share that with ECA when school’s in session. An addition towards the back of the building, if it materializes, could offer the prospect of separate entrances for students and the art-going public as well as alleviate the sharing pressures.
Details remain to be worked out, particularly of the proposed lease agreement between the future landlord ECA and its future tenants, the Paint and Clay and Brush and Palette clubs. Assistant Attorney General Karen Gano, who had been contacted last summer by the ousted clubs, declared the plan, midwifed by the Community Foundation of Greater New Haven and Andy Wolf, a “win win.”
The doors have been shut since July.
Wells Fargo’s legal counsel, Wiggin & Dana attorney Aaron Bayer said the situation had been clarified and simplified since the previous gathering. Of the proposed sale to ECA/ACES, he said, “the bank will support [it] wholeheartedly.”
By terms of the scheme worked out thus far, the Grace Ely Trust — which finances the center — would remain with Wells Fargo as the trustee, and the sale of the building to ECA/ACES would enrich the trust’s account to over $1 million.
With some of that moolah, the trust is also, by the proposed agreement, in charge of winterizing the building in the weeks ahead.
Does winterizing mean putting on a whole new roof?
Well, those are among the details to be worked still, but now that would be between the bank and the proposed new owner, ECA/ACES.
Friends President Jeanne Criscuolo said she isn’t sure this is the best deal possible for the artists. With only about three months a year of use — basically the summer, she said — “it’ll be seen in a reduced light, as a seasonal space rather than an arts center that engages the community year round.”
Anna Bresnick, a former curator at the John Slade Ely House, expressed serious misgivings Thursday to Judge Forgione: “Our role is being delegated to supplement ECA programs, and our standing as an independent arts organization is being diminished, certainly in the eyes of the community.”
“You’re correct” on that point, replied Judge Forgione. “Yet we have to recognize the bank was prepared to sell two months ago and arts groups would have no space at all!”
The community foundation’s Jackie Downing, who helped broker the deal, pointed out that ECA/ACES has agreed to run the annual show of high school artists as well as the prison art show, while the club’s two main semi-annual shows would continue to be run by the Friends.
“ACES has come to understand [since the last hearing] that they are not buying just a building, but a legacy. They also have needs for their students. I believe the ACES plan fulfills those wishes as best they can. By paying fair market value [for the house], the trust can spin off enough money so that can be the rent [potentially] for the two clubs and maybe the Friends, but they have not begun their fundraising,” Downing said.
ECA Executive Director Tom Danehy also said, in response to another concern of Anna Bresnick, that if the community insists on the building retaining its name, his organization was all right with that too.
Andy Wolf, another architect of the plan, promised to help put together a master calendar, relocate the arts groups to temporary spaces, and get them up to speed in fundraising.
“I think this is a wonderful opportunity for a mixed use,” he said.
All parties asked for one more status hearing a month from now for the judge then to review those yet to-be-worked out details. One important detail: what level of rent the clubs, heretofore paying virtually none for 50 years, be asked to pay. Another: Will the Grace Ely Trust, which continues with Wells Fargo as trustee, come to the clubs’ financial aid when they mount shows in contributed and possibly rented spaces during he expected shutdown of the building for renovations?
Judge Forgione asked the parties to return on Nov. 12 at 9:45 a.m.