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MINUTES
WEST VIRGINIA
ARCHIVES AND HISTORY COMMISSION
SPRING MEETING
FRIDAY, MAY 31, 2019
CANAAN VALLEY RESORT STATE PARK


Chairman Victor Greco called the meeting to order at 9:30 a.m. In addition to Chairman Greco, other voting members present were Dr. Melissa Bingmann, Dr. Robert Conte, Nat DeBruin, Darlene Hassler, Nathan Randolph, and Dr. David Trowbridge. Voting members absent were Tommy Bailey, Dr. Charles Ledbetter, and Audy Perry. Ex officio voting member present was Fredrick Armstrong. Ex officio non-voting members present were Joe Geiger, director, Archives and History Section; Hanna Law, West Virginia Geological and Economic Survey; Charles Morris, director, Museums Section; Susan Pierce, director, Historic Preservation Section; Randall-Reid Smith, curator of the Department of Arts, Culture, and History; and J. Logan Smith, president of Preservation Alliance of West Virginia. Also present were Historic Preservation staff members Jennifer Brennan, Pam Brooks and Jeff Smith.

Following introductions, Chairman Greco asked for a motion on the meeting minutes of February 21, 2019. A motion to approve the minutes was made by Mr. Randolph with a second by Dr. Conte. The minutes were approved.

Turning to New Business, Chairman Greco called for the presentation of the National Register nominations.

Laurel Hill District High School, Roane County, nominated under Criterion A for education, with period of significance being 1898-1967, was presented by Frank Unger. Following the presentation, Dr. Trowbridge stated that he liked the inclusion of oral history and asked if anything was known about racial integration at this school. Mr. Unger responded that he was not aware of any information and noted that there was not much diversity in the county. Mr. Armstrong believed the nomination could benefit from embedding the nomination with the history of education and specifically one-room schools in West Virginia. Ms. Hassler asked if the building retained its integrity and Mr. Unger replied that it did. Mr. Armstrong moved for approval of the nomination and Dr. Trowbridge provided the second. Motion carried.

Oak Hill High School, Fayette County, nominated under Criterion A for education and Criterion C for architecture, with period of significance being 1926-1950, was presented by Isabel Thornton. Dr. Conte asked if the seating in the auditorium was original and Ms. Thornton responded that it appears to be. Dr. Trowbridge inquired why the school closed in 1950 and was informed that the high school was subsequently used as an elementary school after the new high school was built. Dr. Conte moved for approval of the nomination and Dr. Bingmann provided the second. Motion carried.

Chairman Greco then called on Ms. Pierce to present the application for the second round of FY2019 Survey and Planning Grants. The only grant was for a window workshop in Lewisburg. Mr. Armstrong asked how the workshop is going to be marketed to a larger area than just Lewisburg and Greenbrier County. Ms. Pierce remarked that it is a hands-on workshop, with a limited number of participants, but the group could advertise broadly so that other communities might be motivated to have similar workshops. Ms. Brooks added that the grant does require the recipient to advertise beyond their immediate area. Following the presentation and discussion, Mr. Randolph made a motion to accept the recommendation for the FY2019 Survey and Planning Grant and Dr. Conte provided the second. Motion passed.

Chairman Greco then called on Ms. Pierce to present the FY2020 State Development Grants. J. Logan Smith recused himself.

Following the presentation and discussion, Dr. Bingmann asked how multiple projects were prioritized. Ms. Law, who served on the grant selection review committee, discussed the grant review process. Ms. Hassler asked if photographs are required with applications. Ms. Law responded that they were required and that even their quality can affect the final score of the grant. Mr. Armstrong asked why the Shenandoah Hotel project only received partial funding. Ms. Brooks replied that it was the last grant awarded and they were given the remaining funds. In response to a question by Mr. Armstrong, Ms. Brennan stated the Shenandoah Hotel project sponsor will request a tax credit.

Dr. Conte made a motion to approve the panel’s recommendations for the FY2020 State Development Grants except for the Beverly Bank, Blue Sulphur Springs Pavilion and Center Hall, with the provision authorizing staff to move funds from cancelled projects or projects unable to use all available funding to projects which did not receive full funding and can expend additional funds prior to the end of the grant period, or to the most deserving projects which were not funded at the discretion of SHPO staff, with any remaining funds to carry over to the next fiscal year. Mr. Randolph provided the second. Motion carried, with Mr. Armstrong voting no.

Chairman Greco recused himself and Mr. Randolph assumed the chair.

Mr. DeBruin made a motion to approve the panel’s recommendations for the FY2020 State Development Grants for the Beverly Bank, Blue Sulphur Springs Pavilion and Center Hall projects, with the provision authorizing staff to move funds from cancelled projects or projects unable to use all available funding to projects which did not receive full funding and can expend additional funds prior to the end of the grant period, or to the most deserving projects which were not funded at the discretion of SHPO staff, with any remaining funds to carry over to the next fiscal year. Mr. Randolph provided the second. Motion carried, with Mr. Armstrong voting no.

Mr. Randolph called for a break at 10:27.

Mr. Greco returned to the meeting and resumed the chair. He called the meeting back to order at 10:45. Turning to Old Business, Chairman Greco called for consideration of the tax credit appeal. He reviewed the process for the tax credit appeal for The McWhorter House (copy of process attached to official minutes) by Frank Unger (Past Respects), which had been presented and tabled at the February 21, 2019, meeting. Mr. Armstrong asked to what court an appeal of the commission decision would be filed and was informed it would be in Roane County. Mr. Armstrong asked if all members of the commission, voting and non-voting, would be participating, and Mr. Geiger stated that although some commission members could not vote, all members could participate in the discussion. In response to Mr. Randolph’s question, Mr. Greco said he would strive to be fair to all parties and would conduct an orderly meeting.

The appeal hearing was called to order. A court reporter swore in Jennifer Brennan, Susan Pierce, and Frank Unger. Mr. Unger gave a presentation on his request to overturn the decision of the State Historic Preservation Office to deny his tax credit application. He detailed his work on the McWhorter House and stated that the Secretary of the Interior’s Standards were only guidelines to assist owners in redeveloping their property and not a reason for denying a tax credit. Ms. Brennan and Ms. Pierce then gave a presentation explaining why the application was denied. Ms. Brennan noted the mass, scope, and design of the rear addition were the reasons for not approving the tax credit, since they did not meet the Secretary of the Interior Standards 3, 9, and 10. Mr. Randolph asked if revisions could be made to the existing property, such as adding eaves around the back addition, removing dentils, and using a different siding material to differentiate the addition. Ms. Brennan agreed that, from her perspective, this was possible, although the roof line was problematic. She made several suggestions, including changing the siding and removing the molding, which could possibly result in meeting the standards.

In his closing statement, Mr. Unger pointed out that the addition was the sole reason for denying the tax credit. He said that according to the guidelines, a single aspect of a project is not enough to disqualify the entire project from eligibility for a tax credit. Ms. Brennan, in her closing statement, stated that substantial construction had already been completed when she was contacted about a site visit. She pointed out that Standard Number 10 required that new additions be undertaken in a manner that if removed would not impair the historic property and stated that is not possible in this case without major reconstruction.

During the question period, Mr. Armstrong made statements about which the SHPO staff expressed concerns. Chairman Greco determined that the closing statements would be heard and then the commission would address the concerns of Ms. Pierce and Ms. Brennan.

Dr. Conte made a motion to strike Mr. Armstrong’s comments regarding his visit to the McWhorter House with a second by Dr. Bingmann. Mr. Armstrong objected and reserved the right to ask that his entire statements be reentered into the record during Procedure Number 7. He then recused himself and left the room. The motion carried.

Dr. Trowbridge made a motion to deny Mr. Armstrong’s request that his comments be included in the deliberative process (Procedure Number 7), with Dr. Conte providing the second. Motion carried.

Mr. Armstrong returned to the meeting. He stated he believed there should be efforts to do everything possible to assist those seeking residential tax credits. Ms. Hassler noted that anyone owning a historic house has a right to do what they want with it, if they use their own money. Those applying for tax credits, however, have to follow the established process, and in this case, it was not followed. Chairman Greco permitted Mr. Unger to comment and he reiterated the process simply provides guidelines to do rehabilitation according to standards, not enforced codes. He stated he could no longer recommend tax credits in West Virginia because the standards are too rigid. Ms. Brennan responded that all of the other recipients of preservation grant funds have to follow the Secretary of the Interior Standards, and while they may only be guidelines, they are the guidelines utilized by the National Park Service, every state historic preservation office in the country, and by every historic landmark commission that has design review.

Ms. Brennan also informed the commission that Curator Reid-Smith had contacted the Attorney General’s Office regarding Mr. Armstrong’s comments and received a recommendation that Mr. Armstrong recuse himself from the vote.

Mr. Armstrong made a motion to approve the tax credit. Dr. Conte provided the second. During the discussion, Dr. Bingmann stated that she feared approving the tax credit would set a bad precedent by encouraging applicants to make their own decisions rather than following established guidelines. Dr. Trowbridge voted in favor, while all others opposed. The motion was defeated.

Turning to Old Business, Chairman Greco called for an update on previous National Register nominations. Jeff Smith noted that The Golden Rule had been listed, while all others were still pending.

Chairman Greco called on Dr. Bingmann for the report of the nominating committee. Dr. Bingmann reported that the committee recommended the appointment of Mr. Greco as chairperson and Mr. Randolph as vice-chairperson. There being no nominations from the floor, Dr. Bingmann moved for the adoption of the committee’s recommendation and Dr. Conte provided the second. Motion approved.

Chairman Greco called upon Mr. Geiger for the Archives and History report. Mr. Geiger referred members to information provided in the monthly reports for January through March 2019 (copies attached to official minutes) and reviewed recent activities. He noted that Archives and History staff were now hosting school tour groups in the library, using stations to inform students about different work being done at Archives and History. Dr. Trowbridge suggested making better use of social media to promote activities and generate interest among young people.

Chairman Greco then called upon Ms. Pierce for the Historic Preservation report. Ms. Pierce provided a written report to members (copy attached to official minutes) and reviewed section activities. She noted they were working with the Capitol Building Commission, the General Services Division, and their consultant on stabilization and restoration of the capitol dome. SHPO staff continued to conduct surveys and added a layer to the GIS system that provides tax parcel maps. Staff has drafted an update to the five-year statewide comprehensive historic preservation plan, which is currently being reviewed. Review and compliance activities included working with the Division of Highways on their bond projects and review of WV RISE projects. She also noted that Ms. Brooks was distributing copies of the Annual Work Program to commission members for comment.

Chairman Greco then called upon Mr. Morris for the Museums report. Mr. Morris provided a written report to members (copy attached to official minutes) and reviewed section activities. He mentioned that staff has recently updated the Museum website and lesson plans for teachers. He informed commission members about an exhibit in the Culture Center celebrating the 100th anniversary of the West Virginia State Police. He also noted that a number of events were held commemorating the 125th anniversary of the State Museum and that on June 8, a celebration of the 75th anniversary of the Miss West Virginia Pageant would be held at the Culture Center. Mr. Morris mentioned activities at Camp Washington-Carver and new technology at Independence Hall, and he related that all of the archaeological exhibits at Grave Creek had been updated. He also discussed a steam locomotive that was damaged in the 1985 flood, which had been loaned to the Virginia Museum of Transportation. That organization requested that the locomotive be transferred to the Roanoke Chapter of Railway Historical Society, which will seek to restore it. Chairman Greco noted that there had been a large increase in attendance at Grave Creek and thanked Mr. Morris for his work.

Chairman Greco then called upon Curator Randall Reid-Smith for the Department of Arts, Culture and History report. He thanked commission members for their service and thanked his staff for their work. He noted that attendance numbers at Vandalia had increased and that Dance Festival continues to grow. He discussed the intern program, the public employees recognition ceremony, and a joint project with the Library Commission on space reallocation to provide more storage for the State Archives. He reviewed the results of another successful History Bowl, previewed Ambassador’s Camp, and related that the VH-1 Save the Music program will provide more than $3 million to purchase instruments for nine schools in the state. He also discussed a ceremony in Wheeling on Memorial Day to rededicate the Soldiers and Sailors Monument, which was moved to the grounds of West Virginia Independence Hall, and stated he was particularly delighted that former commission member Margaret Brennan was presented with the "Distinguished West Virginian" award for her efforts. He added that he is pursuing a Save America’s Treasure grant to do the repointing on Independence Hall.

Chairman Greco then called upon J. Logan Smith for the Preservation Alliance of West Virginia report. Mr. Smith noted he had distributed a report to commission members but spoke briefly about the AmeriCorps program and noted they are seeking sites that need national service help. Dr. Kelli Shapiro continued her statewide tour promoting her books on movie theaters in West Virginia and a micro-loan program to support small improvement projects was initiated. The annual awards banquet would be held in Clarksburg on September 21.

Chairman Greco then called upon Hanna Law for the West Virginia Geological and Economic Survey report. She informed the commission that they had completed doubling the size of the natural history museum and that a security system had been installed. She mentioned a broadband fiber buildout infrastructure project in the ten most economically depressed southern coal counties, continuing geologic mapping in southern West Virginia, and work on a statewide development economic initiative with other agencies on further efforts for carbon sequestration. A bid was awarded to upgrade the electrical infrastructure at Mont Chateau and work on painting the exterior of the lodge was nearing completion. She also spoke about the upcoming Adventure West Virginia's GeoCamp and noted that two scholarships were available.

Chairman Greco then called upon Mr. Armstrong for the West Virginia Historical Society report. Mr. Armstrong stated he did not have a report.

Chairman Greco noted that the Fall meeting is to be held at Cass Scenic Railroad State Park on Friday, September 27, 2019. The Winter meeting will be held at 1:00 p.m. on February 20, 2020, in the Green Room of the Culture Center.

Mr. Randolph made a motion to adjourn and Chairman Greco declared the meeting adjourned at 1:13 p.m.

Respectfully submitted,

Joseph N. Geiger, Jr.
Secretary


Archives and History Commission

West Virginia Archives and History