Aldermen Reject Rezoning Request

By Jack Gurner
Reporter

WATER VALLEY – City aldermen rejected a recommendation by the planning commission to rezone a piece of property as residents of the area protested the change at the July meeting of the mayor and board.

            An overflow crowd was on hand for a public hearing Tuesday night, July 7, to determine if a parcel of land belonging to the Hershel B. Howell estate would be rezoned from R-1 (single family residential) to R-3 (multi-family residential).

            The 15.265 acres is located on the western edge of the city bordered by Market Street, Airways Acres Drive and West Lee Street. Two multi-family apartment complexes are already located in the area – Berkshire and County Village.

            Mayor Larry Hart opened the hearing and noted that all interesting parties would be given the opportunity to speak. He explained that a recommendation was before the board from the planning commission that the property be rezoned as requested by attorney Trent Howell representing the Howell estate.

            He recognized Market Street resident Jayne River as the first speaker for those opposed to the change. River said: “We the people who are here tonight are concerned, taxpaying, voting citizens that own property and we live close to or are effected by the request of this rezoning.

            “We are opposed to the rezoning,” she said, “and we urge the city council to act now to deny the rezoning request.”

            She explained that those opposed believe that the change would “detrimentally effect the peaceful environment of our homes, increase noise and traffic and negatively impact the safety of neighborhoods and our school children and also decrease our home values.”

            At the end of her presentation, River presented a petition from residents of the area opposed to the rezoning.

            David Gilley spoke next and told aldermen that he had lived in the neighborhood since 1985 and the property in question backs up to his property. “I have a lot to lose,” he said, and added his opposition to the rezoning.

            Several others spoke in opposition before Sandra Johnson, a resident of Berkshire Apartments, spoke in favor of the rezoning. She said that she had problems finding a place to live as had many others who were looking for affordable housing. But, Johnson continued, when she moved into the complex, she worked to make a difference and Berkshire residents were now known as “the quiet people.”

            “I am in favor of having more affordable housing in Water Valley,” said Johnson. “The old, dilapidated houses people have for rent…the heating, electric and gas bills are higher than the rent. People need a place to live.”

            When attorney Howell spoke, he turned to the crowd and explained that he was appointed in his father’s will as executor of the estate with specific instructions to sell the property “at such price, upon such terms and conditions that I determined to be best.”

            Howell said that he had the property appraised and had tried for months to sell it as zoned (R-1). He added that only one offer had been made on the property and that offer was for about one-quarter of the fair market value.

            Howell continued that real estate agent Joe Lowe had found a potential buyer, Tillatoba Land, LLC, owned by Mike Bailey. According to Howell, Bailey will buy the property if it can be rezoned R-3.

            He noted the Berkshire complex pays over $10,000 in property taxes to the county and around $3,200 to the city. County Village pays the county $5,922.23 and the city right at $1,800 in taxes. As it currently exists, the Howell property only generates $18 in taxes to the county and $6 to the city.

            Howell said that he had heard from some that development of the property would generate traffic on Market Street “by disreputable people.

            “That is it will create an area of crime,” said Howell, “because it will attract low income people. That it what I have heard. I respect the rights of all people to express their opposition to this rezoning. I believe this position is unfounded.”

            The attorney said that he didn’t know what Bailey’s plans were, but he assumed he planned an apartment complex of some kind. And, he added, that he had confidence in the Water Valley Police Department that they could enforce the laws and ordinances of the city and could do so much better in a condensed area than in a large area.

            “Also, I would like to say, this argument about crime… Well, that assumes that only bad people will live in any apartments that will be built there,” said Howell. “There’s no reason to believe that to be true. Just because someone is low income doesn’t mean he or she is a bad person.”

            Howell added that many of those opposed to the rezoning didn’t even live near the property. “On this land, in the city park or on church playground, we’re going to have some problems. And there may be some bad side effects…I don’t know. But the positive – I will contend – will outweigh the bad. The city needs housing.”

            Real estate agent and Howell sibling Rex Howell spoke briefly saying that rental prices were going up. “I think everyone is terrified that someone is going to put in government subsidized housing where you are going to have problems.

            “I’m not a genius, but I think this new planning commission could probably fix that with their zoning,” Rex Howell said. “The point is that when prices go up for your rentals, you get better people.”

            Former Water Valley High School Principal Dr. Glenn Kitchens spoke as a home owner who has been affected by the publicity generated by the rezoning issue. He and his wife are in the process of trying to sell their home as part of his move to Lafayette High School.

            Kitchens said that fear of problems associated with low-income, multi-family apartment units became reality to him when a family with an interest in purchasing his home did not show up for a viewing. A later phone call confirmed that they had heard about the controversy and added that they would wait for city officials to vote on the issue before considering the purchase of his house.

            The former principal said, “if the housing is good; build it. But, don’t forget to consider every single aspect of not only the residents here who already live there, but the ones who would be moving in. And whether or not that community can make all of that happen in a positive way.”

            After Kitchens spoke, Mayor Hart asked board attorney John Crow to address the board concerning the zoning ordinance.

            Crow explained the purpose of the zoning ordinance and said that there is the presumption that as of  Aug. 1, 2006 the property in question was properly zoned R-1. He questioned if there had been a change in the area since that date that would justify the board changing it from R-1 to R-3.

            “We haven’t heard proof from either side about what has changed out there,” Crow said. “The burden of proof is on the Howell estate to prove by clear and convincing evidence – and that’s like beyond a reasonable doubt.”

            Crow explained that one of two things has to be shown. One, that the property was improperly zoned or, two, there has been a substantial change in the character of the area that would justify it being changed from R-1 to R-3. And, he added, a public need.

            Alderman-at-large Donald Gray questioned Crow: “You’re saying unless there has been a change, we really don’t have the authority to change the zoning.”

            Crow answered that unless there had been a substantial change since Aug. 1, 2006 and there is also a public need for it to be R-3 or if it was improperly zoned to begin with then there was no authority for it to be changed.

            Alderman Bobby Cox asked Crow for an example of major change. Crow responded that there would have to be construction of other R-3 developments around the property since Aug. 1, 2006.

            The mayor said input had been received from those for and those against and the legal questions had been addressed. “So, it is time for the board to act.”

            Hart added that the planning commission had recommended the change. “But, it appears to the contrary here. And, if that is the case, I need a motion not to accept the recommendation of the zoning board.”

            Larry Bell made the motion with a second from Cox. The vote was unanimous to deny the change from R-1 to R-3.

            “The question has been addressed and answered, judge,” Hart said to attorney Howell.

            “I respect that, mayor,” Howell responded. The mayor then turned to the audience and said, “We appreciate everybody that has taken the time to be a part of your community tonight.”

 

Tax Exemptions Granted For Three WV Industries

WATER VALLEY – Tax exemptions for three of the city’s industries were granted at the July meeting of the mayor and board of aldermen.

            First on the list was BorgWarner, who requested a free port tax exemption on $1,546,132 worth of product. Mississippi law allows eligible warehouses, public or private, a license to operate as a free port warehouse and be exempted from all ad valorem taxes on personal property shipped out of state.

            BorgWarner also requested exemption from ad valorem taxes on new property valued at $16,805,548 for a ten year period.

            Their request was followed by one from Yalobusha Brewing Co., LLC, who asked for the same exemption on property valued at $264,000.

            Later in the meeting, The Allied Company was granted their 10-year tax exemption on $74,004.94 in new property.

            Although, property ad valorem taxes are the major source of revenue for state and municipal governments, state law makers have passed legislation which allows companies tax breaks in order to keep jobs in the state.

            Among other actions at the July 7 meeting, aldermen:

            • Heard a report from Water Valley Main Street Director Mickey Howley, who commented on the work being done on Mechanics Bank downtown. He said that the renovations showed a “tremendous amount of faith in the community.”

            “If you know anybody from Mechanics Bank, tell them ‘thank you,'” he added. “They didn’t have to do this and I think it looks terrific.”

            Howley said that the Farmers Market is a little late this year. “But, if you want fresh vegetables, come out and see the market.”

            He continued that three important upcoming dates include Thursday, Sept. 10 for the first Blue Devil pep rally downtown in Railroad Park; Saturday, Sept. 19 is the annual Arts Council Art Crawl; and Friday, Oct 9 for the dedication of the Hubert Creekmore historical marker at his birthplace on Panola Street.

            Howley explained that Creekmore was a “famous and noteworthy” Mississippi author from Water Valley.

            • Accepted a recommendation from the electric department to write off $9,790.15 for the quarter. Mayor Hart noted that while the amount is removed from the department’s receivables, the city still continues to attempt collection.

            “That’s the largest we’ve had in a while,” said both aldermen Donald Gray and Larry Bell.

            • Approved an application for an on-premises beer sales permit from the China Star restaurant on South Main Street. 

            “We turned it over to the committee,” said mayor Hart, referring to the three-member committee consisting of Police Chief Mike King, building inspector Billy Humphreys and Fire Chief Sherman Gooch. “They’ve reported back and said everything is good to go on that permit.”

            • Rehired the Crow-Martin Law Firm as city board attorneys and Daniel Martin as city prosecutor.