Applications

CHARLOTTE-MECKLENBURG

Location: 2100 Randolph Road, Charlotte, NC

Time: 6:00 p.m. - 7:30 p.m.

Ms. Tattie Bos/Mayor, HLC Treas., Finance Com. Chair, Projects Vice-Chair

Mr. Jeff Bradsher/County, HLC Chairman

Ms. Deborah Cox/County, Survey Committee Chair

Ms. Amy Hockett/City, Design Review Com. Vice-Chair

Mr. Scott Hirsch/City, Design Review Committee Chair

Ms. Yolanda Johnson-Gess/City, Nominating Committee Chair

Mr. Joseph B. C. Kluttz/County, Survey Committee Vice-Chair

Mr. John E. Misenheimer/County, HLC Vice-Chair, Rural Hill Schoolhouse Com. Chair

Mr. Len Norman/County

Mr. John J. Parker, III/Mayor, Projects Committee Chairman

Mr. Mike Sullivan/County, Education com. Vice-Chair

Dr. Dan L. Morrill, HLC Consulting Director

Mr. Bryan Turner, HLC Projects Manager

Mr. Stewart Gray, HLC Consultant

Ms. Mary Lynn Morrill, HLC Recording Consultant

Absent:

Ms. Ross Richardson/County/Education Committee Chair

Mr. Evangelos S. Stassinos, Palmer Fire School neighbor

MR. HIRSCH PRESENTED A MOTION SECONDED BY MS. BOS THAT THE MINUTES FOR DECEMBER 9, 2002, BE APPROVED AS DISTRIBUTED. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

Item #2 - Chairman’s Report: Mr. Bradsher

Mr. Bradsher welcomed everyone to the meeting. He congratulated the members of the HLC for having such splendid attendance for 2002 and thanked everyone for all the work that has been done. Public hearings were held for 12 properties, and about 75 HLC meetings were held.

Mr. Bradsher said that Dr. Morrill will be teaching at UNCC on Wednesday nights, so don’t schedule any meetings for Wednesday evenings if you want him to be present. In Dr. Morrill’s 28 years and five months as the HLC’s consulting director, he has never missed a monthly HLC meeting.

Item #3 - Director’s Report: Dr. Morrill

Dr. Morrill asked the Commissioners to consider the Action Item in the Director’s Report regarding Bryant Park. The Commissioners discussed the situation regarding historic landmark designation for Bryant Park, and all agreed that the HLC Staff should continue discussions with the Parks and Recreation Department.

Dr. Morrill reported that the demolition of the house on the lot to which the Grier-Rea House will be moved has been completed. The site preparation work is underway, and the Grier Rea should be moved to the property at the end of January.

Dr. Morrill reported that the bid package for the pavilion building at the Davidson Schoolhouse at Rural Hill is being circulated to contractors. Construction on the building should begin next month.

Dr. Morrill reported that the construction drawings for the Rozzell House have been submitted to the N. C. Division of Archives and History for review, so that Federal and State tax credits might be available for the restoration. Mr. Gray will be working on the National Register of Historic Places application form for the property.

Dr. Morrill said that the restoration of the exterior of the W. T. Alexander House is nearing completion. The HLC will be moving forward with marketing this property.

Dr. Morrill reported that all is on schedule for a closing on the Palmer Fire School in late February. Mr. Turner and he continue work with HLC Attorney Patricia Nystrom to assure that all due diligence requirements are met.

Dr. Morrill reported that discussions continue with respect to the future of the Southern Public Utilities Streetcar Barn at South Bland Street and South Boulevard. He said that it is still unclear how the matter will be resolved. Ms. Lisa Gray has become the Executive Director of Charlotte Trolley.

Dr. Morrill reported that the HLC is completing a matching survey grant that will be submitted by January 31st to the N. C. Division of Archives and History. Signage will be the principal focus of the survey if it is funded.

Dr. Morrill said that he gives an annual report at each January meeting of the HLC. The report included the following information:

a. The Design Review process (Design Review Committee) for the HLC is working well. Owners are satisfied with the HLC’s handling of Applications for Certificates of Appropriateness. The only concern is that some owners continue to make unauthorized alterations to properties. Staff is sending letters to those owners whose activities come to our attention. The Commission processed 27 Applications for Certificates of Appropriateness in calendar year 2002. Several properties received multiple certificates. The owners of the following properties submitted applications: Independence Park, Rural Hill Plantation, Nebel Knitting Mill, Jake Newell House, Charlotte Water Works Vest Station, Hopewell Presbyterian Church, Hugh Torance House and Store, Beaver Dam, Charlotte Cotton Mills, W. T. McCoy House, Grier-Rea House, Biddle Hall, Ratcliffe Flower Shop, William Lee House, VanLandingham Estate, Parks Cramer Building, Highland Park Manufacturing Company Plant No. 3, Bishop Mouzon House.

b. The Designation Process (Survey Committee) for Historic Landmarks continues to work well even with the increased volume which has occurred in the last two years. The Survey and Research Reports are routinely placed on the website. The following properties are being processed for historic landmarks designation: Armature Winding Company, Park Hutchinson School, Newcombe McElwee House, White Oak Plantation Boundary Extension, Ratcliffe Flowers Building. The following properties were processed for historic landmarks designation but complications have arisen with respect to designation: The Grand Theater, William and Rachel Newell Neill House, Southern Public Utilities Streetcar Barn, Mallard Creek Schoolhouse, Elmwood/Pinewood Cemetery, St. Mark’s Rectory, Bryant Park, Charlotte Coliseum & Ovens Auditorium, Bradford Store, Jesse and Mary Washam Farm, Barry House Ruin, Douglas Airport W.P.A. Hangar. The following properties were designated as historic landmarks: Carolina Transfer and Storage Company, D. A. Tompkins Machine Shop Building, Bradford Farm, Sidney and Ethel Grier House, Home Federal Savings and Loan Building, Praise Connor and Harriet Lee House, McAuley House, Oehler House, East Ave. Tabernacle A.R.P. Church, Grier-Rea House, Grinnell/General fire Extinguisher Co. Complex

c. The HLC’s public awareness program (Education Committee) continues to be effective. Publicity for the work of the HLC has been plentiful, even beyond that generated by the Grier-Rea House. The event at the Good Samaritan Hospital Marker Ceremony was a great success. Finally, the website continues to be successful, and happily, it is now under the complete control of the HLC’s Staff.

d. The Projects activities (Projects Committee) of the Commission have increased substantially with the increased funding provided by the County. The process is working well. The following major projects were undertaken or continued: Grier-Rea House, Sidney and Ethel Grier House, Rozzell House, Charlotte Cotton Mills, W. T. Alexander House, Palmer Fire School, Rural Hill Schoolhouse. Dr. Morrill said that two important comments need to be made with respect to the Projects Program of the HLC: 1) Remember that the primary purpose of the fund is to save historic resources, not to make money and 2) The surveys conducted by the HLC should form the essential database of potential projects.

Item #4 - Design Review Committee Report: Mr. Hirsch

Mr. Hirsch reported that the Design Review Committee met December 19, 2002, but that due to a conflict of interest he could not participate in the business discussed. Design Review minutes are on file at the HLC office and also appear on the HLC’s website - www.cmhpf.org.

THE DESIGN REVIEW COMMITTEE PRESENTED A SECONDED MOTION THAT THE APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS FOR PHASE I FOR THE PALMER FIRE SCHOOL, 2601 EAST SEVENTH STREET, CHARLOTTE, N. C., BE APPROVED AS PRESENTED. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

THE DESIGN REVIEW COMMITTEE PRESENTED A SECONDED MOTION THAT THE APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS FOR THE PHASE II PLAN FOR THE PALMER FIRE SCHOOL, 2601 EAST SEVENTH STREET, CHARLOTTE, N. C., BE CONCEPTUALLY APPROVED AS PRESENTED. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

Item #5 - Projects Committee Report: Mr. Parker

Mr. Parker reported that the Projects Committee met January 7, 2003. Minutes are on file at the HLC office and can also be found on the HLC’s website - www.cmhpf.org.

THE PROJECTS COMMITTEE PRESENTED A SECONDED MOTION THAT THE FOLLOWING ARCHITECTURAL FIRMS BE INCLUDED ON THE APPROVED LIST FOR HLC ARCHITECTS FOR CALENDAR YEAR 2003: THE COPELAND OFFICE, LAFFERTY ARCHITECT, YELVERTON ARCHITECTS, HARRIS ARCHITECTS, AB ARCHITECTURE, ARCHITECTURAL DESIGN STUDIO. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

THE PROJECTS COMMITTEE PRESENTED A SECONDED MOTION THAT YELVERTON ARCHITECTS BE THE PROJECT ARCHITECT FOR THE GRIER-REA HOUSE. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

THE PROJECTS COMMITTEE PRESENTED A SECONDED MOTION THAT THE COPELAND OFFICE BE THE PROJECT ARCHITECT FOR THE SIDNEY AND ETHEL GRIER HOUSE. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

THE PROJECTS COMMITTEE PRESENTED A SECONDED MOTION TO PROCEED WITH THE ISSUANCE OF RFP’S TO DEVELOPERS TO SUBMIT PROPOSALS FOR THE PURCHASE AND DEVELOPMENT OF THE W. T. ALEXANDER PROPERTY AND TO ALLOW 60 (SIXTY) DAYS FOR A DECISION TO BE REACHED BY THE HLC. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

THE PROJECTS COMMITTEE PRESENTED A SECONDED MOTION THAT WHEN THE HLC IS PRESENTED WITH A RIGHT OF FIRST REFUSAL THAT THE FOLLOWING PROCEDURE BE FOLLOWED:

1. NOTICE OF LISTING IS RECEIVED

A. CONSULTING DIRECTOR INVESTIGATES

B. CONSULTING DIRECTOR REPORTS TO PROJECTS COMMITTEE

C. RECOMMENDATION OF CONSULTING DIRECTOR IS EITHER

i. WAIVE IT - AS PROPERTY IS BEING PRESERVED, IF PURCHASER ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF PROPERTY’S SIGNIFICANCE

ii. REVIEW FURTHER - AS HLC COULD IMPROVE PRESERVATION OF PROPERTY

D. PROJECTS COMMITTEE MAKES RECOMMENDATION TO HLC

E. HLC DECIDES WHAT TO DO

A. CONSULTING DIRECTOR IMMEDIATELY INVESTIGATES

B. IF HLC MEETING IS SCHEDULED, HE REPORTS TO HLC, WHO DECIDES WHAT ACTION TO TAKE

C. IF NO MEETING SCHEDULED, HE REPORTS TO THE CHAIRMAN, PROJECTS CHAIRMAN, DESIGN REVIEW CHAIRMAN

D. THE THREE CHAIRMEN VOTE ON WHETHER TO WAIVE THE RIGHT OF FIRST REFUSAL

i. IF MAJORITY AGREE, CHAIRMAN EXECUTES WAIVER FOR THIS TRANSACTION ONLY

ii. IF MAJORITY DISAGREE, SPECIAL MEETING IS CALLED

E. HLC VOTES AT SPECIAL MEETING AS TO WHAT ACTION TO TAKE.

VARIOUS REAL ESTATE PROPERTIES ARE ENCUMBERED WITH HISTORIC RESTRICTIVE COVENANTS THAT PROVIDE HLC WITH A RIGHT OF FIRST REFUSAL. THESE PROVISIONS REQUIRE A TWO-STEP PROCESS. THE OWNER OF SUCH PROPERTIES IS REQUIRED TO FIRST PROVIDE HLC WITH NOTICE THAT THE PROPERTY IS LISTED FOR SALE. UPON RECEIPT OF AN ACCEPTABLE OFFER, THE OWNER IS THEN REQUIRED TO PROVIDE A COPY OF SAID OFFER OR ITS TERMS TO HLC. HLC THEN HAS A SHORT TIME PERIOD TO DECIDE IF IT WANTS TO PURCHASE THE PROPERTY UNDER THE SAME TERMS AND CONDITIONS AS THE OFFER PROVIDED. THE FOLLOWING PROCEDURE HAS BEEN ADOPTED BY HLC SO IT CAN HANDLE THE EVALUATION OF THESE RIGHTS IN A FAIR AND EXPEDITIOUS MANNER.

IF HLC RECEIVES NOTICE OF THE LISTING OF ANY PROPERTY ENCUMBERED BY AN HLC RIGHT OF FIRST REFUSAL, THE CONSULTING DIRECTOR OR STAFF SHALL DETERMINE THE CURRENT STATUS OF THE PROPERTY, INCLUDING ITS PHYSICAL CONDITION AND ADHERENCE TO THE RESTRICTIVE COVENANTS, AND SHALL DISCUSS WITH THE CURRENT OWNER THE IMPORTANCE OF SHARING WITH ALL PROSPECTIVE PURCHASERS THE HISTORIC DESIGNATION ORDINANCE AND A COPY OF THE RESTRICTIVE COVENANTS.

A. IF THE CONSULTING DIRECTOR INVESTIGATES AND BELIEVES THAT THE HISTORIC NATURE OF THE PROPERTY HAS BEEN PRESERVED AND SUCH PRESERVATION IS LIKELY TO CONTINUE, THEN HE SHALL MAKE A RECOMMENDATION TO THE PROJECTS COMMITTEE AT ITS NEXT REGULARLY SCHEDULED MEETING THAT IT WILL, UPON REQUEST, WAIVE IN WRITING ITS RIGHT OF FIRST REFUSAL FOR ANY SALE ARISING OUT OF THE LISTING, OR WITHIN SIX MONTHS FROM SAID NOTICE OF LISTING, PROVIDED THE PROPOSED PURCHASER PROVIDES TO HLC ITS WRITTEN ACKNOWLEDGMENT THAT HE HAS RECEIVED A COPY OF THE HISTORIC DESIGNATION ORDINANCE AND HISTORIC RESTRICTIVE COVENANTS, UNDERSTANDS THE TERMS CONTAINED THEREIN, AND AGREES TO COMPLY WITH THEIR PROVISIONS, AND SUCH INFORMATION IS SUPPORTED BY THE CONSULTING DIRECTOR.

B. IF THE CONSULTING DIRECTOR, AFTER INITIAL INVESTIGATION, BELIEVES THAT HLC’S EXERCISE OF ITS RIGHT OF FIRST REFUSAL WOULD SUBSTANTIALLY IMPROVE THE PRESERVATION OF THE PROPERTY, THE CONSULTING DIRECTOR SHALL PRESENT THE INFORMATION HE HAS GATHERED TO THE PROJECTS COMMITTEE.

C. UPON RECEIPT OF THE CONSULTING DIRECTOR’S REPORT, THE PROJECTS COMMITTEE SHALL CONSIDER THIS MATTER AND MAKE A RECOMMENDATION TO HLC REGARDING THIS PROPERTY.

D. AFTER RECEIPT OF THE RECOMMENDATION OF THE PROJECTS COMMITTEE, HLC SHALL MAKE A DECISION ABOUT HOW TO PROCEED REGARDING THE PROPERTY AND HLC’S RIGHT OF FIRST REFUSAL.

2. NOTICE OF OFFER ONLY

SHOULD HLC RECEIVE A NOTICE OF AN OFFER ON A PROPERTY ENCUMBERED BY AN HLC RIGHT OF FIRST REFUSAL, WITHOUT RECEIVING A NOTICE OF LISTING, OR SHOULD A NOTICE OF AN OFFER BE RECEIVED PRIOR TO THE COMPLETION OF THE PROCEDURE IN PARAGRAPH 1 HEREIN, OR SHOULD THE CONSULTING DIRECTOR BELIEVE THE PURCHASER OF A PROPERTY DOES NOT UNDERSTAND THE HISTORIC SIGNIFICANCE OF THE PROPERTY UNDER PARAGRAPH 1(A) ABOVE, THE FOLLOWING PROCEDURE SHALL BE ADOPTED:

A. UPON RECEIPT OF AN OFFER, THE CONSULTING DIRECTOR OR STAFF SHALL PERFORM AN INVESTIGATION TO DETERMINE THE CONDITION OF THE PROPERTY, THE PROPOSED PURCHASER’S KNOWLEDGE REGARDING THE HISTORIC DESIGNATION OF THE PROPERTY AND THE HISTORIC RESTRICTIVE COVENANTS, AND THE PROPOSED PURCHASER’S PLANS FOR THE PROPERTY.

B. IF THERE IS A REGULARLY SCHEDULED MEETING OF HLC PRIOR TO THE EXPIRATION OF THE PERIOD CONTAINED IN THE RIGHT OF FIRST REFUSAL PROVISION FOR HLC’S RESPONSE, THE CONSULTING DIRECTOR OR STAFF SHALL PRESENT THE RESULTS OF THE INVESTIGATION TO HLC, WHO SHALL VOTE ON WHAT ACTION TO TAKE REGARDING THE PROPERTY.

C. IF AN HLC MEETING IS NOT SCHEDULED BEFORE THE EXPIRATION OF THE RIGHT OF FIRST REFUSAL RESPONSE PERIOD, THE CONSULTING DIRECTOR OR STAFF WILL PRESENT THE RESULTS OF THE INVESTIGATION TO THE CHAIRMAN OF THE HLC, THE CHAIRMAN OF THE PROJECTS COMMITTEE AND THE CHAIRMAN OF THE DESIGN REVIEW COMMITTEE, OR TO THE VICE CHAIRMAN OF EACH ENTITY, IF THE CHAIRMAN IS NOT AVAILABLE.

D. THE THREE REPRESENTATIVES WILL THEN VOTE TO WAIVE THE RIGHT OF FIRST REFUSAL AS WELL AS TO WAIVE ANY RIGHTS ARISING OUT OF THE OWNER’S FAILURE TO PROVIDE NOTICE OF THE LISTING OF THE PROPERTY, WHICH VOTE CAN BE VIA PHONE OR E-MAIL. UPON A MAJORITY VOTE FOR SUCH WAIVER AND AT THE REQUEST OF THE OWNER OF THE PROPERTY, THE CHAIRMAN OF THE HLC SHALL EXECUTE A WAIVER OF RIGHT OF FIRST REFUSAL AND A WAIVER OF THE OWNER’S FAILURE TO PROVIDE NOTICE OF THE LISTING, IF APPLICABLE, THAT SHALL BE BINDING UPON HLC. THE WAIVERS HEREIN SHALL BE LIMITED TO THIS SALE TRANSACTION ONLY. THE CONSULTING DIRECTOR OR STAFF WILL REPORT THE RESULTS OF THIS VOTE TO HLC AT ITS NEXT REGULARLY SCHEDULED MEETING.

E. IF TWO OR MORE OF THE THREE REPRESENTATIVES DO NOT AGREE TO WAIVE THE RIGHT OF FIRST REFUSAL, A SPECIAL MEETING OF HLC SHALL BE CALLED TO CONSIDER THE EXERCISE OF THE RIGHTS OF FIRST REFUSAL. THE CHAIRMAN SHALL PROVIDE NOTICE TO THE OWNER OF THE PROPERTY THAT A SPECIAL MEETING OF HLC WILL BE HELD TO DETERMINE THE ACTIONS TO BE TAKEN BY HLC, AND IF APPROPRIATE, THAT THE OWNER DID NOT COMPLY WITH THE PROVISIONS OF THE RESTRICTIVE COVENANT BY GIVING NOTICE OF THE LISTING OF THE PROPERTY.

THE COMMISSION UNANIMOUSLY APPROVED THE MOTION ON THIS DATE, JANUARY 13, 2003.

MR. PARKER PRESENTED A MOTION SECONDED BY MS. BOS THAT THE HLC CONVENE IN EXECUTIVE SESSION. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

MR. HIRSCH PRESENTED A MOTION SECONDED BY MR. SULLIVAN THAT THE HLC RECONVENE IN ITS REGULAR SESSION AND REPORT THE ACTION TAKEN. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

Mr. Parker reported that the HLC voted in Executive Session to reimburse additional expenses for design review incurred by the purchaser of the Palmer Fire School when the prospective purchaser closes on the property.

Mr. Parker said that the next Projects Committee meeting is scheduled for Monday, February 3, 2003.

Item #6 - Survey Committee Report: Ms. Cox

Ms. Cox reported that the next meeting of the Survey Committee is scheduled for Thursday, January 23, at 6:00 p.m., at the HLC office.

Item #7 - Education Committee Report: Ms. Richardson & Mr. Sullivan

Mr. Sullivan asked the Commissioners to look at the January 8th Education Committee report distributed at each seat. Mr. Sullivan delivered to the HLC office this evening a Charlotte historic wall hanging (historic mural) painted in 1949 by artist Kevin Winsett. The mural on canvass is 10(ten) feet tall and 100 (one hundred) feet long and has been stored at Harding High School. Mr. Sullivan reported that he and Ms. Hockett are working on an HLC event sponsored by the Education Committee on behalf of the HLC at the HLC’s Charlotte Cotton Mill Building B for early April. The purpose is to showcase the Cotton Mill’s restoration with bond funds and to enlighten public officials and the community about the HLC’s work. Ms. Johnson-Gess reported that she is talking with John Minter regarding a small exhibit of the African-American Landmarks Survey. She is also talking with Becky Finger of the Charlotte-Mecklenburg School System.

Item #8 - Rural Hill Schoolhouse Report: Mr. Misenheimer

Mr. Misenheimer reported that the construction of the Davidson Schoolhouse pavilion building at Rural Hill is underway. Discussions continue with the Catawba Valley Scottish Society concerning the programming. Mr. Turner reported that bids for the construction of the pavilion are due by January 20th and that construction should begin in February.

Item #9 - Treasurer’s Report: Ms. Bos

Ms. Bos reported that the Finance Committee met December 11, 2002 at the HLC office. All members of the Finance Committee - Ms. Bos, Chair, Mr. Bradsher, Mr. Hirsch, Ms. Johnson-Gess, Mr. Misenheimer - were present. Ms. Bos explained that the purpose of the meeting was to prepare recommendations regarding betterment request in the HLC’s budget request for FY2003-2004.

MS. BOS PRESENTED A MOTION SECONDED BY MR. MISENHEIMER THAT THE FOLLOWING BETTERMENTS BE REQUESTED IN THE HLC’S BUDGET PROPOSAL FOR FY2003-2004: 1) $12,500 - LOCAL MATCH FOR FEDERAL GRANT TO CONDUCT SURVEY OF SIGNAGE AND ASSORTED STRUCTURES 2) $20,000 - EMERGENCY REPAIR FUND FOR HISTORIC MEMORIALS AND MARKERS 3) $12,500 - FOR THE SECUREMENT AND PLACEMENT OF HISTORIC HIGHWAY MARKERS 4) $30,000 - CONTRACTUAL SERVICES WITH HISTORIC CHARLOTTE TO RAISE PUBLIC AWARENESS OF RESULTS OF AFRICAN AMERICAN SURVEY AND TO ADVANCE THE PRESERVATION OF SAME 5) $30,000 - CONTRACTUAL SERVICES WITH HISTORIC CHARLOTTE TO COORDINATE ACTIVITIES AT THE RURAL HILL SCHOOLHOUSE 6) $3000 - EDUCATIONAL/TRAINING FUND FOR COMMISSIONERS AND STAFF. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

No motions were presented.

No motions were presented.

The meeting adjourned at 7:30 p.m.