The aforementioned YHB article also adds:
The costs cited in the City’s claims include rental of the facility for rehearsals and performances from Dec 5 to 11 2011; publicity; rental accessories (including floor rental, trim, tape and “snow”); payment of stagehands, musicians, front of house workers and cleaners; royalty fees; and commissions on merchandise band ticket sales….
The lawsuit was noted in a report delivered to Council’s General Issues Committee on Wednesday, regarding a years-old request by the ballet group for City cultural funds. City staff declared the group ineligible for funding for several reasons, one being its outstanding balance with HECFI.
The report offers additional detail, and itemizes the municipal grants and loans to the CBYE for the Tivoli Theatre.
Hamilton Heritage Property Grant Program (Feasability Study) = $20,000.00
Hamilton Heritage Property Grant Program (Stabilization Work) = $75,455.62
Hamilton Community Heritage Fund Loan Program (Roof Repair) = $49,450.40
That leaves us with a total of $144,906.02, $95,455.62 of that in heritage grants and the remainder in a loan that is secured by a third mortgage on title, and which will become due when the property transfer takes place.
Again from
the report:
Staff is not privy to the details of the sale nor the date that the deal will be completed. However, staff of the Urban Renewal Section, Development Planning Section met with Domenic Diamonte on January 8, 2013 to discuss planning approval processes as well as financial incentive programs that would be available if the property was to be purchased by Domenic Diamonte and redeveloped. The financial incentive programs that were highlighted if Domenic Diamonte purchased the property included the following:
Hamilton Downtown Multi-Residential Property Investment Program
Hamilton Downtown Property Improvement Grant Program
Commercial Property Improvement Grant Program
Hamilton Heritage Property Improvement Grant Program (for the auditorium component of the property)
Staff also advised of the 90% exemption in development charges.
Staff will work with whoever becomes the new owner of the Tivoli property to assist them in the redevelopment process including applications to the suite of Urban Renewal programs for which the development might be eligible.
Should the sale of the Tivoli Theatre be completed, upon the close of the sale, the loan under the HCHF referred to earlier in this Report would become due and payable. If the Hamilton Ballet Youth Ensemble retains ownership of the auditorium portion of the property as part of a change of ownership, staff would have to consider whether or not the loan repayment should be transferred to the new owner, remain with the Hamilton Ballet Youth Ensemble or be paid back. In order for this to be considered as an option. both the seller and the buyer would have to be in “good standing” with the City of Hamilton without any outstanding Municipal debt or tax arrears. Staff is aware that the City has recently issued a statement of claim against the Hamilton Ballet Youth Ensemble seeking payment of unpaid rental fees for the use of the Hamilton Place facility and expenses incurred as a result of the 2011 Hamilton Ballet Youth Ensemble production of “The Nutcracker”.
For the information of Committee and Council, the Hamilton Ballet Youth Ensemble is one and the same as the Canadian Ballet Youth Ensemble.
Behind-the-curtain?
PED13055 was co-prepared by Creative Industries' Business Development Consultant
Jacqueline Norton, who is both the author of 2009's
contentious Building a Creative Catalyst Feasibility Study and better half of
Glen Norton,
Manager of Urban Renewal for the City of Hamilton, partner in the
Studios at Hotel Hamilton and head of
Hamilton Realty Capital Corporation, the organization behind the
Cannon Knitting Mills project.
When the original Tivoli announcement was made at City Hall, then-Mayor DiIanni pointedly
told the media he would be abstaining from any votes around the Tivoli because his wife Janet sat on the on board of CBYE at that time.
Mayor Bratina had apparently been involved with the proposal in the year leading up to the sale during his first term as Ward 2 Councillor; the sale itself was announced 10 weeks before the
2006 municipal election. More recently,
the Diamante family donated a total of $2,375 between Mayor Bratina's two post-election fundraisers.
Threaded Mode