|
BY MR. ____________: I reside on Mt. Salus Drive and
have for eight years. I used to walk in the neighborhood
before I joined the Healthplex and that included Mt. Salus,
Kitchings Drive and Hannah Drive. And I remember they were
building that treehouse back when I was -- back then. That
was in '96. It was early '97 when they started it.
My question is: They passed the ordinance in April of '97.
Why did it take until April of 2002 for someone to realize, oh,
that can't be there. If the city had a problem with it,
why wasn't something said before? Why wait until now?
I also have pictures of some areas in that neighborhood that are
detrimental, far more detrimental to the neighborhood than that
treehouse. Thank you.
BY MS. ____________: I would like to know how many of
you noticed in The Clinton News the day that the first problem
came up about the treehouse. The top editorial said, get
rid of the treehouse or treehouse must go. That's a free
play area, playground, whatever you want to call it. My
kids played soccer in the front yard. Then the next one
said, bring your kiddies down to the Healthplex center and pay
us to take care of your children. Well, why are we tearing
down a treehouse --
BY MS. ____________: The first article had to do with
get rid of the treehouse. The second article had to do
with bring your children down to the Baptist Healthplex for a
play day where you can pay us to take care of your children. Why
should these people have to tear down a treehouse where the kids
can stay at home for free and learn to be good citizens in their
own neighborhood. (Clapping by Audience.)
BY MR. ____________: My name is ____________, and I
reside at ____________ Kitchings Drive and I have since
September of 1987. I would ask that y'all use sound
judgment in understanding that ordinances and variances are
granted on a daily basis. For example, we fought real hard
not to have the zoning changed, and yet there was a building
built at the end of Kitchings Drive that produced the betterment
of Clinton, as it was put at the time. And it's still an
empty, gray, ugly building. Ma'am, I can assure you, most
assuredly, this lady watches the children better than you
probably ever did in your life. She is on them. She
makes them share. She makes them take turns, and if
anybody acts up whatsoever, she sends them home. So they
are very safe.
BY MR. ____________: I would urge each of you -- as a
business owner in ____________, I'm having to explain to my
patrons in a ____________ ____________ what's going on. As
a ____________, ____________, ____________, Mississippi, at our
regular state meeting the other night, I'm trying to explain to
my ____________ why in the world the city objects to a treehouse.
I don't know. But I would appreciate it if you would just
consider that since ordinances are made and variances are
granted, just use common sense and understand that 95 percent or
better of the people that reside in Green Acres subdivision,
Kitchings and Hannah Drive do respectfully request that you do
grant this and that you do allow it to stay. Thank you.
BY MR. ____________: I'm one neighbor of Green Acres
subdivision.
BY MR. ____________: I have been a resident for 30
years in Green Acres subdivision and the rest in Clinton 36
years. I can't add a whole lot to what's been said.
To say the least, this is an emotional issue. It is for me
and I know for everybody here. Anyone for whom this is not
an emotional issue, you need to check their heart. I would just
say a couple of things in support. As one neighbor who has
signed the petition with 49 others asking that this treehouse
remain, first of all, in my opinion, this is about children.
Clinton is a city that is pro children. It's pro people.
I'm a proud resident of the city of Clinton. There's
nowhere else I'd rather be. I'm proud to have reared my
children in Clinton. I'm thankful for the many advantages
they have had growing up in Clinton. I would just -- in
the interest of the many children, scores of children who
already play on this treehouse and will play, that the
conditional use be granted so that they can keep the treehouse,
and I think this is in the interest of fairness and compassion
and a matter of doing the right thing. Thank you.
BY MR. ____________: ____________. I live in
Clinton. I've been a citizen of the city since 1976.
And I can understand that possibly the city inspector might not
have an obligation or be aware of all the rules as to the use,
but it seems to be a little mean spirited to me for a neighbor
or whoever complained to watch this thing being built for five
years, a labor of love and then come forward when it's finished.
If I've got a complaint about any of my neighbors, when I see
the backhoe, I'm going to be out there talking to them about
what's going on, you know. And then if I can't talk him
out of doing what I know to be against the rules, against the
ordinance, then I'm going to go to the city. I'm not going
to wait until they get it completed. And I really wish
we'd consider how serious this complainant is. He's not
here tonight, he or she, and it seems a little mean spirited to
me to have them expect you to act on their will. So just
please consider that.
BY MS. ____________: A longtime educator, administrator
and parent. For 30 years, I was an administrator and I
know making decisions is not easy. Things are not black
nor are they white. They are every shade of gray.
But every decision should be seasoned with common sense and
sensitivity. My second issue is that our children are with
us such a short time. I lost a daughter less than two
weeks ago. So let the children be children and let the
parents enjoy them. (Clapping by Audience.)
BY MR. ____________: I'm ____________. I live at
____________ Kitchings Drive. And it's a whole lot easier
to tell people where you live now. Just tell them you live
across the street from the treehouse. I'm not
familiar with the ordinances of Clinton. I've lived here
since 1978. But if there is exceptions to be made, this is
a case that certainly deserves every consideration of this
board. (Vocal response from audience.)
BY MR. ____________: I have never known of a couple
that supervised their children as well as Scot and Mary do.
They spend -- Scot, when he comes home -- I don't know when Scot
works. I'm sure Delphi may ask him that question too.
He spends an awful lot of time with these children, and what a
great place this would be if all parents were that sensitive.
So I would certainly urge you -- certainly, you've got to do
what's right. I would just ask you to be fair in your
consideration for what's been presented here.
BY MR. MARTIN: I think this would be a very easy
decision if this was a poorly constructed playhouse and was
dangerous and caused a lot of problems. We don't have that
here. I think we have a very well-built treehouse and a
very fine couple that built it. My question -- and I'll just
throw out a general if anybody would like to address it is, are
you here in support of this treehouse because it's well-built or
do you think that treehouses ought to be permitted anywhere in
the city regardless of what they look like?
BY MR. ____________: Yes. My background is safety
engineer. Our company here in Mississippi is ____________.
I'm a professional safety engineer. And if anybody is
interested in safety, I am. And I think that it is
important to have a safe structure. And I'm not even sure
that many of the people here would object if some rules were
established or some inspection process were implemented and even
some strict criteria for the construction, because nobody wants
to see a child injured. I've looked at -- I'm not an inspector
-- I'm not a building inspector, but I've looked at what Scot's
done, and it's not going to fall down. It's not going to
injure his children. It's well-built. If the city wants to
say, okay, this one is built, it's done, it stays, but here are
some rules if anybody else wants to build one, I don't think
anybody would have an objection to that.
BY MR. SMITH: Can I throw out one thing? And the
suggestion that I didn't put in the paper, but I'm going to
present it to the mayor and the board, it would be real easy for
the mayor and board to adopt -- to amend the ordinance and do
two things. First, define treehouse. Second,
prohibit all other treehouses from being located in the front
yard. This situation would never come up again. And it's a
very easy legal avenue by which the city never would have to
deal with this problem again because it would clearly define
treehouse and clearly prohibit a treehouse in the front yard.
It's a real simple solution. I'm going to ask the mayor
and board to consider that when we go before them on the 6th,
based on your recommendation and our appeal. So I think
that would be a very simple way for the city to deal with this
situation and all treehouse situations in the future.
BY MR. ____________: I was just going to say a similar
thing. Why not just write a new ordinance that allows a
well-built, safe treehouse?
BY MR. ____________: Yes, sir. I think we are
here because it is a well-built treehouse. I think we're
all here because it does indeed display what people working
together can do and have a wonderful place for the children and
how absolutely wonderful it would be if every neighborhood in
Clinton had a set of ordinances and guidelines that they could
follow and they could build their own treehouses in their own
back yards as prescribed by you and have all these people that
are playing together instead of the teenagers that hang out in
the parking lots late at night and parents that don't know where
their kids are. I think we're here because they are the
Welches and because it is a wonderful, wonderful place for
children to be.
BY MS. ____________: ____________. In response to
your question, I think that some of us are here just simply
because it is a treehouse. It just happens to be an
elegant treehouse. My children had a semblance of a
treehouse in our back yard and they sat in it for years and
watched the ballgames in the football field that is now
abandoned behind us. About five years ago, one of those
planks that had embedded itself in the tree finally broke and
fell out so no one can sit there anymore. So I would say
be very careful when you start writing that ordinance, that you
don't demand that it be a mansion but just a good,
well-constructed structure in a tree because everybody may not
have trees in their back yards and every kid usually wants a
treehouse.
BY MS. ____________: I'm ____________, and I've lived
on Hannah Drive for 38 and a half years. And I'm a
neighborhood walker. And I just wanted to clarify one
point. Y'all have seen the pictures of the treehouse with
all the children there in support of the treehouse. But I
want to say this, that never are crowds of children there like
that. The Welches' children and two or three others is as
many as I've ever seen there at one time. And I think you
need to know that because if there are 20 children there, you
can't keep up with all of them. There has not been. They
were just there to support the treehouse. But the Welches
and the ________ children and two or three others that live
close are the ones that play there.
BY MR. CAMPBELL: Thank you, ma'am. In the back corner.
Yes, sir.
BY MR. ____________: The Time Magazine issue, July
22nd, has a half-page article that has photographs similar to
their treehouse. I think their treehouse is as beautiful
as anything in this article. It is very popular, and I
thought I would just add that.
BY MR. CAMPBELL: Okay. Further comments, either
for or against. Yes, sir, in the white shirt.
BY MR. ____________: I'm ____________. I live at
____________ Hannah Drive, around the street from this fine
couple. I walk by there most every day and I've seen the
construction of the treehouse. The reason I'm here, I feel like
this is a showplace for Clinton. It's well-constructed.
It's a beautiful piece of work and I'd hate to see it torn down.
I hope you can find some way that you can save the treehouse.
BY MR. CAMPBELL: Thank you, Mr. ____________. (Clapping
by Audience.)
BY MR. CAMPBELL: Further comments. Yes, ma'am.
BY MS. ____________: I'm ____________ and I think we're
all here to support Scot and Mary because we are community, and
Scot and Mary are what community is all about.
BY MR. CAMPBELL: Thank you, Ms. ____________. (Clapping
by Audience.)
BY MR. CAMPBELL: Further questions or comments.
Further comments. If not, I'm going to call the public
hearing to a close. Final comments.
BY UNIDENTIFIED MAN IN AUDIENCE: Keep the treehouse.
BY MR. CAMPBELL: Yes, ma'am, in the yellow shirt.
BY MS. ____________: My husband won't let me speak.
BY MR. CAMPBELL: Identify yourself.
BY MS. ____________: My name is ____________. We live
in Cascades subdivision. And I can't remember how long
we've been in Clinton. Seems like all of our lives.
I wish I had been born here, but I wasn't. I was born in
It. Well, I grew to love the Welches, and I stopped by
just to inquire as to what was going on, and they told me.
And then I found out that Mary had been somewhere in the city to
ask permission to do this thing, so that's -- that's why I'm for
it. If ________ started building something and he sent me
to the city to get the right papers signed or okayed and I came
down here to whoever or whatever and said, What do I need, he's
at home building a treehouse and I want to make sure it's okay,
and I was told everything is hunky-dory, go home and get to
building. And that's why I'm here because she did all that she
could do and they did all that they could do, and we need to
stand behind these people because -- that's terrible. Just
imagine yourself in that position. And I want to tell you
something I read several weeks ago and I think it's appropriate
here. The tree that bends in the storm doesn't break.
I think we're about to be in a storm and I hope that we don't
break. I hope that we have enough common sense and good
judgment to bend a bit.
BY MR. CAMPBELL: Thank you. (Clapping by Audience.)
BY MR. CAMPBELL: Final comments. Otherwise, I'm calling
it -- yes, sir.
BY MR. ____________: My name is ____________. I
live down the street on Kitchings Drive and I'd like to echo a
couple of these comments. I do think it's terrible to know
that Mrs. Welch had permission and was told she didn't need
permission and we're going to selectively enforce some ordinance
six or seven years later. I just can not understand how -- that
is not a very -- this is extenuating circumstances. And I
told Mr. Welch that the house I built for my children 35 years
ago in a tree, the city told me to tear it down and I wouldn't
do it, but this is different. And I think that's why the
exception needs to be made in this case, and you can enforce the
ordinance everywhere else and all other front yards in the city
of Clinton, so be it, but this one needs to be accepted.
BY MR. CAMPBELL: Thank you. (Clapping by Audience.)
BY MR. ____________: I'm ____________. I live
____________ across the street from the treehouse, as we say
here. We're all impressed with the treehouse, but the
thing that has impressed me most about it is the fact that the
Welches have not put up a structure to say, okay, kids, here it
is, go to it. We live in a time when so many parents don't
spend time which they should with their kids. This is not
true in this situation. I'll give you one example of even
the kid having a sore throat one day and Scot does not go to
work so he could be there. They are out there playing with those
kids, and this is a lesson that we all can learn as parents and
grandparents and so on today. It's not the structure as
much as it is the care and the love that they have for children.
BY MR. CAMPBELL: Thank you, Mr. ____________. (Clapping
by Audience.)
BY MR. CAMPBELL: Final comments. If not, then I
call the public hearing to a close. All right. I
think we've heard a lot of information tonight. I don't
know that we can all take it in, but let me remind the
commission that we have a couple of options regarding this item
before we -- I ask for a motion. We can flat turn it all
down and deny this request for conditional use. You can
grant the approval of the conditional use. You can table
it, or you can make a decision that we don't have enough
information, that it can go to the mayor and board of aldermen
without a recommendation to the mayor and board of aldermen.
So I think those are your basic choices. Have I stated
that correctly, Mr. Dreher?
BY MR. DREHER: I believe that about covers it.
BY MR. CAMPBELL: Okay. Since you know what your
options are tonight, then I would like to call for a motion one
way or the other regarding this request at 218 Kitchings Drive
for Scot and Mary Welch. Is there a motion? I guess
the other option is failure to have a motion and it goes to the
mayor and board of aldermen also. Do I have a motion?
BY MRS. SHERER: I'll make a motion that we send this on
to the mayor and board of aldermen. I feel like I had
insufficient time to look over some of the material that was
presented immediately prior to our meeting. And just
letting them go ahead and look over this material will give them
greater insight into exactly what the situation is in the brief
that was given to us, more than we ever had, and I'd like to
make that motion.
BY MR. CAMPBELL: So the recommendation is to pass it on
to the mayor and board of aldermen for their consideration.
BY MRS. SHERER: That's correct.
BY MR. CAMPBELL: Is that --
BY UNIDENTIFIED LADY IN AUDIENCE: This is what passing
the buck means.
BY MR. DREHER: Yes. The motion is to pass it on
to the mayor and board of aldermen with no recommendation from
the zoning board. Is that correct?
BY MR. CAMPBELL: That's correct. There is a
motion by Mrs. Sherer. Is there a second?
BY UNIDENTIFIED MAN IN AUDIENCE: Are you-all elected?
BY MR. CAMPBELL: No.
BY MRS. SHERER: After that question, I'd like to have a
response, please. I wish very much this was a popularity
contest. I have been by the playhouse many times. I
love the playhouse. I would so much like to keep it. When
I took this appointment, I gave my word that I would follow the
zoning ordinance manual as closely as I knew how. I am
trying to do that tonight. We have had facts presented to
us that we have not had a chance to peruse. I think it's
imperative that this material be looked at before a decision is
made. The only decision I can give now is to pass it to
someone who does have the time between now and their meeting to
look at it. I would vote yes, yes, keep it, if it was my
personal desire.
BY MR. DREHER: Was there a second?
BY MR. CAMPBELL: Yes. There is a motion on the
floor. There is a motion on the floor, a second by Mrs.
King. If there's no other further discussion from members
of the commission, then do I hear a vote regarding this motion?
All those in favor, let it be known by saying aye.
BY THE COMMISSION: Aye.
BY MR. CAMPBELL: Jim?
BY MR. MARTIN: No. (Clapping by Audience.)
BY MR. CAMPBELL: Tammy, that was Mrs. Peace, no -- I
mean, yes. Mrs. Sherer, yes. Mrs. King, yes. Mr.
Albritton, yes, and Mr. Martin, no. And I have abstained
as chairman. Okay. Got all that? All right.
Mr. Smith, Mrs. Welch, this will go to the mayor and board of
aldermen at their August 6th, 2002 -- 5:30 this time because of
the situation. I hope you can get this information to them more
than 20 minutes than you got it to us.
BY MR. SMITH: Be rest assured.
BY MR. CAMPBELL: All right. Yes, Mr.
____________?
BY MR. ____________: Are we to assume that all of you
are not aware of the laws of Clinton, if this information is 20
-- I realize it's late, 20 minutes beforehand. You didn't
know the rules already?
BY MR. DREHER: You don't need to comment on that, Mr.
Campbell.
BY MR. CAMPBELL: All right. This will go to the
mayor and board of aldermen at their August 6th, 2002, session.
5:30 p.m. We thank everyone for coming.
BY UNIDENTIFIED LADY IN AUDIENCE: I'd like to know --
this is a question you can answer to yourself --
BY MR. CAMPBELL: Just a moment.
BY UNIDENTIFIED LADY IN AUDIENCE: You're not going to
answer it out loud, I'm sure, but
BY MR. CAMPBELL: There's a lady behind you that I've
recognized before you, ma'am, that had her hand up. Yes,
ma'am?
BY MS. ____________: I'm ____________ and August the
6th is National Night Out and the mayor and police will be
driving around through the neighborhoods. So they won't
have much --
BY MR. CAMPBELL: They -- the reason that it is 5:30
instead of their normal seven o'clock. Yes, ma'am, I know.
Yes, ma'am, in the red.
BY UNIDENTIFIED LADY IN AUDIENCE: How many of you
already -- and you can answer this tonight in your own homes
with your own conscience, but how many of you tonight when you
came here already had your mind made up about what your decision
was going to be?
BY MR. CAMPBELL: I don't think any of us that sit on
this board come to any of our meetings -- I will speak for my
commission tonight. We come to this meeting with open and
fair minds.
BY UNIDENTIFIED LADY IN AUDIENCE: Okay. I'm just saying
answer that question to yourself tonight.
BY MR. CAMPBELL: Most times when we have these
hearings, we have just the staff here. Until we have some
article and item like this that is very emotional, this room is
empty. That --
BY UNIDENTIFIED LADY IN AUDIENCE: You answer it to
yourself tonight in your home. You don't have answer it
now.
BY MR. CAMPBELL: Back row. Mr. ____________, one
final comment.
BY MR. ____________: I was going to say, is it a
possibility that you could table this for a week and give
everyone on your board a chance to evaluate it so that you come
to the city council with a recommendation? Because they're
going to come into this with no help from you at all.
BY MR. DREHER: Sure, they are.
BY MR. ____________: Could you consider it for a week
and come back with a recommendation? In fact, I think everybody
here would be happy to come back a week from now.
BY MR. CAMPBELL: Thank you. All right. We have
final comments. Next item of business. I believe we have
one final item, Gary. (End of proceedings on Treehouse matter.)
| 