Items & Issues

HPC Composition 2004

ARGUMENTS  AND RESPONSES

 “There is no diversity on the Commission.”

• Vague.  Not clear what kind of “diversity” is meant.

• If “diversity” means “African-American:”

• There is no African-American on the HPC right now because Herb McDuffie passed away.  He had been on the HPC for eight years.

• There have been African-Americans on the Commission before Herb—for example,  Virginia McLaurin, Gwen  Flowers, and Johnnie Fields.

• The proposal to remove residency requirements does nothing to promote African-American presence on the Commission.  If anything, it would militate against appointment of African-Americans, a large number of whom live in areas regulated by the HPC..

• The HPC proposal for composition of the Commission does promote African-American appointments: (a) it specifies African-American history as a specialization which should be represented at large;  (b)it recommends  greater involvement of the HPC in African-American historical activities.

 “There is little expertise in the field.”

• Wrong.  There is considerable practical expertise on the Commission.  Not only is there  an architect, but most members have had years of experience with hands-on restorations and have been deeply involved in the work of the Commission before they were Commissioners.

•  It is not necessary to have professional credentials in fields related to preservation to serve as a member of the Commission..  The  North Carolina Statutes and the City Ordinances only require special interest, not professional credentials.

• The HPC operates as a quasi-judicial body  when considering applications for COAs.  The Commissioners are like judges.  Judges don’t make decisions based on their own professional expertise in the matters before them.

• There is no evidence that decisions by the HPC have been wrong because the members act like judges, relying on the expert testimony of others.

• To say that HPC members should be expert professionals in fields related to historic preservation is like saying the City Council should be composed of certified city planners, real estate lawyers, and political scientists.

 “The majority of citizens are excluded.”

• The HPC proposal only excludes citizens who are not qualified either by involvement in preservation--living  or owning buildings in a historic district--or by professional  expertise.

•  If this argument means that all citizens should be eligible regardless of their qualifications, then it contradicts  the argument above about supposed lack of expertise.

•  The HPC does not exist for the purpose of providing opportunities for individual involvements in preservation work.  That purpose is met by organizations like the Historic Wilmington Foundation and the Cape Fear Historical Society. 

 "The HPC has undue influence over areas that it should not.”

•  Under North Carolina law HPC jurisdiction follows zoning.

•  If the HPC has jurisdiction where it shouldn’t, that means that  an existing historic district doesn’t deserve protection for historic preservation. 

•  Which district is wrongly zoned now?

“The HPC should not have jurisdiction in the CBD/HDO because its members do not understand commercial real estate.”

The HPC cannot  legally take commercial real-estate considerations into account in making its decisions.  Its decisions can only be based on issues related to historical congruity.   

“New construction is not a preservation issue.  Preservation is about saving old buildings, not about building new ones.”

• By  North Carolina law, historic preservation means preserving the overall character of the historic district.  It does not mean just preserving individual historic buildings.

• By North Carolina law, new construction in historic districts is subject to regulation by the HPC in order to preserve the overall character of the district.

“New construction in the CBD/HDP should just be concerned with appearances of the new buildings.”

•  Under North Carolina law, whether a building is attractive or not is irrelevant to historic preservation.  All that matters is whether it fits with the historic character of the district.

• This argument assumes that the CBD/HDO is not worthy of historic preservation.