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Charlotte-Mecklenburg Historic Landmarks Commission Special Meeting July 16, 2003 Location: 2100 Randolph Road, Charlotte, NC Time: 6:00 p.m. – 6:25 p.m. Present: Mr. Jeff Bradsher, HLC Chairman Ms. Deborah Cox, Survey Committee Chair Ms. Yolanda Johnson-Gess, Nominating Committee Chair Mr. Joseph B. C. Kluttz, Survey Committee V. Chair Mr. John E. Misenheimer, HLC V. Chair, Rural Hill Schoolhouse Chair Mr. John J. Parker, III, Projects Com. Chair Ms. Ross Richardson, Education Com. Chair Mr. Mike Sullivan, Education Com. V. Chair Dr. Dan Morrill, HLC Consulting Director Mr. Bryan Turner, HLC Projects Manager Ms. Patricia Nystrom, HLC Attorney Ms. Mary Lynn Morrill, HLC Recording Consultant
Mr. Bradsher welcomed everyone to the meeting. He said that Ms. Nystrom would explain the business which needed consideration. Ms. Nystrom distributed a memo which provided a brief history of the Highland Mill Projects and explained the need for this special meeting. The memo read as follows: "After various presentations by Winter Properties, the HLC authorized its representatives to negotiate a transaction regarding the Highland Mill Project based upon the terms contained in an attached letter of intent. On June 9, 2003, the HLC subsequently voted to authorize $600,000 for the Highland Mill projects with the following terms and conditions: The Executive Committee was authorized to approve the documentation. The transaction could close immediately rather than in January 2004, as previously contemplated. The Executive Committee was given the right to approve changes and the restrictive covenant documentation provided that the Commission’s interests were fully protected. All actions were conditioned upon the Mecklenburg County Commission adopting a budget that did not decrease the HLC’s current bond fund or revolving fund and it was required that no further action be taken regarding the Highland Mill projects if funding was decreased. Since the last meeting of the Historic Landmarks Commission, the following has occurred: 1. The HLC’s bond fund has been reduced (by vote of the Board of County commissioners.) Note: At this meeting, Mr. Turner distributed a written status of the Historic Preservation Bond Account after the BOCC removed $297,965.00 from the fund balance of the Historic Preservation Bond Account. In addition to the removal of the said mentioned funds, the BOCC also earmarked all remaining funds in the Historic Preservation Bond Account to be used for the purchase of the Oakley/Yandell House in Pineville and insured the HLC participation in the Highland Mills Projects.) 2. Winter Properties has determined that it is unable to place perpetual restrictive covenants on the various properties without jeopardizing its tax credit. (E-mail from Bob Silverman to Dan Morrill explained the issue and indicates that Winter Properties is willing to record restrictive covenants that will expire.) 3. The Board of County Commissioners designated the sum of $551,773 in CMHLC’s Bond Fund for the Highland Mill project which funds are to be used ONLY for that project. Therefore, in order to move forward with this project, the HLC needs to adopt a new motion that approves the reduced amount allocated for this project and removes the restrictive covenant limitation. MR. KLUTTZ PRESENTED A MOTION SECONDED BY MR. PARKER THAT THE HLC AGREES TO PARTICIPATE IN THE HIGHLAND MILL PROJECT PURSUANT TO THE GENERAL TERMS CONTAINED IN THE JUNE 2003 MEMO FROM BOB SILVERMAN OF WINTER PROPERTIES, 1330 SPRING STREET, NW, ATLANTA, GEORGIA WITH THE FOLLOWING NOTATIONS: A. THE PURCHASE PRICE IS HEREBY CHANGED TO $551,773 B. THE RESTRICTIVE COVENANT REQUIREMENTS SHALL BE MODIFIED TO PROVIDE THAT RESTRICTIVE COVENANTS SHALL BE PLACED ON THE PROPERTY BUT THEY SHALL EXPIRE WITHIN A FIVE (5) YEAR PERIOD OR AS APPROVED BY HLC’S ATTORNEY C. THE TERM FOR THE TRANSACTION IS HEREBY EXTENDED AN ADDITIONAL SIX (6) MONTHS. D. THE EXECUTIVE COMMITTEE IS AUTHORIZED TO APPROVE ANY CHANGES IN THE TERMS CONTAINED HEREIN THT WOULD NOT BE CONSIDERED SUBSTANTIAL MODIFICATIONS AND THE CHAIRMAN/VICE-CHAIRMAN OR ANY OTHER COMMITTEE CHAIR IS AUTHORIZED TO SIGN THE DOCUMENTS SO APPROVED BY THE EXECUTIVE COMMITTEE. THE COMMISSION UNANIMOUSLY APPROVED THE MOTION. Note: Ms. Johnson-Gess did not arrive at the meeting until 6:19 p.m., after the vote had occurred. Dr. Morrill reported that he plans to meet with Mr. Russ Crider July 29, 2003, and with Mr. Tom Cox, August 5, 2003. The meeting adjourned at 6:25 p.m.
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