Battle between Albany City Commission, Historic Preservation Commission heats up

Aug. 17—ALBANY — A Tuesday decision to allow for the demolition of four buildings and part of a former school building to make way for a facility to train and house nursing students has raised the possibility of an Albany v. Albany court battle.

After the Albany City Commission overruled a 4-3 vote of the Albany-Dougherty Historic Preservation Commission, the HPC filed an intent to pursue legal action in Dougherty County Superior Court.

Phoebe Putney Memorial Hospital filed for four certificates of approval to proceed, and one COA was filed by the Phoebe Hospital Authority, and all were denied following a July 12 hearing. The four other buildings are two craftsman-style homes dating to 1919, a Victorian home built in 1904 and a 1960s-era medical building.

Phoebe intends to build a $40 million "Living and Learning Center," a partnership between the hospital and Albany Technical College, across North Jefferson Street from the hospital on the site with class space on the first floor and two floors of apartments. Its proposal includes preserving the facade of the old Albany High School/Albany Junior High building, itself an expense of more than $1 million that will return it to its original appearance from when it was constructed.

A Tuesday notice labeled "Albany-Dougherty Historic Planning Commission v. City of Albany Board of Commissioners" signed by HPC board member Hope Campbell, stated "Notice is hereby given that the Albany-Dougherty Historic Planning Commission, appellant herein, hereby appeals to the Superior Court of Dougherty County from the City of Albany Board of Commissioner's decision entered on Aug. 16, 2022."

The city responded on Wednesday with a letter, signed by Mayor Bo Dorough, stating that the HPC "abused its discretion" in its refusal to issue the certificates of approval.

"In short, the HPC's record is absent any specific finding that the proposed material changes in appearance would have substantial adverse impacts on the aesthetic, historic or architectural significance and value of the historic property or the historic district," the letter said.

The city instructed the HPC to issue the certificates of approval by 5 p.m. on Friday, and if that action is not taken the letter will serve as granting those certificates.

For City Commissioner Chad Warbington, the situation of a board, four of whose members are appointed by the city and which functions as a city department, taking the commission to court is ridiculous.

"I think they're losing sight of who they're working for, whose team they're on," he said on Wednesday. "They're essentially breaking away from the team. They had a 4-3 vote. They had a razor-thin vote that easily could have gone the other way. Our vote was unanimous. It ought to be a slam-dunk; this is over, done deal, in my opinion. Your elected officials are the highest authority in local government. I don't understand their rationale."

The HPC made no substantive arguments on Tuesday, the commissioner said.

"They're biggest argument yesterday was a lot of technical legal maneuvering," he said.

For Warbington, the project and preservation of the facade will preserve the historical feel while also improving the general appearance of that part of North Jefferson Street. He said the City Commission has always approved the HPC's recommendations during his time on the body and that the HPC serves an important function.

"People have differences of opinion every day," he said. "Just because we have a different opinion doesn't devalue their purpose. They have a tremendous value."

Last week the commission rejected a request from the HPC that the city pay its legal fees in the case, a notion that Warbington said he opposed because it would be spending taxpayers' dollars basically for a city department to sue the city.

The project will be a significant boon for the city and region, he said, giving residents in the economically challenged area the opportunity to get good-paying jobs and have successful careers close to home without moving away.

"I think the starting salary for a two-year degree is $65,000," he said. "These are regional kids. We're bringing in people from Early County, we're pulling from a seven-county region."

During a Tuesday presentation at the hearing, Phoebe Health System President and CEO Scot Steiner highlighted the shortage of nurses, which is at 28,000 in Georgia.

"Phoebe Putney today has 500 open positions," he said. "Three hundred of those are nurses. It's a crisis for sure."

The center is expected to allow Albany Tech to increase its number of nursing graduates from a projected 233 this year to 350 next year and 470 in 2024.

During his remarks, Steiner referenced the late Albany Tech President Anthony Parker.

"This started with Dr. Parker," he said. "When we went to Dr. Parker, he said 'Let's go big.' This is part of his vision."

A good number of nurses left the field during the COVID-19 crisis, Dorough said, likening it to the city's experience with police officers — short staffing means longer hours and more stress and ultimately to their looking for other work or to move on elsewhere.

"The HPC would take the position the economic benefit to the community is not an economic consideration, but clearly we've got a shortage of nurses," he said. "This would be expanding the program at Albany Tech, and within two year years putting students into the work force to address that situation."

During a Wednesday email response to the Herald, HPC Chairman Bryant Harden disputed the City Commission's contention that the board abused its discretion in the case and that the demolition of the former school building would have an adverse impact on the historic nature of the site.

He pointed to a staff report from the city's Planning Department prepared for the July 12 hearing that said that "the existing Middle School was built in 1925 and is considered a contributing building in the historic district. Its Resource ID is 216939 in Georgia's Natural, Archeological and Historical Resources GIS (GNAHRGIS) database. This existing Middle School is one of only a few school buildings that have historical significance in Albany-Dougherty County. The architectural style of the Middle School is Beaux-Arts."

The house constructed in 1904 "is considered a contributing building in the historic district. The house appears to have historical significance and has identification in Georgia's Natural, Archeological, and Historical Resources GIS (GNAHRGIS) per Resource ID #214608. The house is listed in the City Historic Survey as well."

The decision was made in accordance with the local Historic Preservation Commission and adopted design guidelines adopted in 2000 and 2017, Harden said, and the school building and Christian Science Church on North Monroe Street were identified as structures that should be preserved with ordinary maintenance and repair, "protecting their character and integrity."

"Keep in mind that the HPC approved Phoebe's proposed $140 million expansion in June of this year," Harden said. "With that approval, the HPC required Phoebe to provide a maintenance plan for the Christian Science Reading Room and they complied. However, for some reason, Phoebe has completely disregarded our guidelines with respect to this school.

"The applications were denied because the HPC determined that the proposed demolitions would have a negative adverse impact on both the individual historic properties and the historic district. Each of the properties in question was considered to be contributing structures in the historic district."

The Georgia Trust for Historic Preservation supports the HPC on the issue and wrote a letter stating the demolition would negatively affect both the individual historic properties and the historic district.

The HPC is not in opposition to the facility, Harden said, and presented options that the hospital could use that would allow for preserving the history.

"I personally think that this is a great idea, but I am confident that Phoebe's goals can be met without demolishing the school," he said.