A resident of Smith Road, opposed to new jail construction near his property, attended Tuesday night’s meeting of the Smithville Board of Mayor and Aldermen looking for some help from the city. He didn’t get it.
Paul Miranda, during the public comments period, asked the mayor and aldermen to adopt an ordinance to prohibit a correctional facility within one mile of a public or private school anywhere in the city limits or to put the question to the public for a vote apparently in the form of a referendum. This would not apply to facilities lawfully established and operational (current jail location).
“I come here to appeal to the city government to stand up not only in voice but in action to help stop this from occurring and use whatever methods of power available to you limited or otherwise,” said Miranda. “This is not an anti-jail issue. Its that specific location and its proximity to a school, future school and residences. I request an ordinance prohibiting the location of any correctional facility within one mile of a public or private school in the city limits because it would pose safety risks and undermine the educational environment. I know there is a process for this but this is an urgent and time sensitive matter. I have an alternate resolution which is to submit this to the voters prohibiting a correctional facility within one mile of a school,” said Miranda.
City Attorney Vester Parsley said the city cannot legally prohibit the county from building a jail.
“We cannot impose a restriction on the county in building a new jail. There is case law dating back as far as 1956 and a 1985 attorney general’s opinion regarding counties not being subject to restrictions or zonings inside city limits. I also contacted MTAS (Municipal Technical Advisory Service) and their attorneys responded to me the same way,” said Parsley
The mayor and aldermen took no action.
Last week the county commission voted to purchase 71.5 acres of property on Smith Road not to exceed $1.8 million except for closing costs subject to favorable core drilling for the future home of a new jail. The commission also voted to issue a 12-year capital outlay note to buy the property to be repaid from the county’s debt service fund. The commission further voted to issue a 12 year note for new jail construction not to exceed $35 million. Treanor will be the architect of the project although specifics are yet to be determined, as to the number of beds, etc.
The county budget committee is scheduled to meet Tuesday, July 8 at 6 p.m. at the courthouse to recommend to the full county commission a property tax rate to fund the new budget for the 2025-26 fiscal year and the jail project.
Meanwhile, upon a recommendation by the planning commission, the aldermen adopted an ordinance on second and final reading to rezone a parcel of property (0.6 acres) belonging to Josh Hawkins at 885 Foster Road across from Calvary Baptist Church from R-1 (Low Density Residential) to R-2 (High Density Residential). Hawkins wants to build a duplex on the property, part of which is in the county. A public hearing was held prior to second and final reading passage Tuesday night. No one spoke in opposition.
The aldermen further adopted an ordinance on second and final reading, upon the recommendation of the planning commission to rezone a parcel of property (behind Wilson Bank & Trust and Tractor Supply) located on West Main Street from R-1 (Low Density Residential) to C-1 (General Commercial) at the request of owner Mark Hart who wants to build a salon for his daughter. While land around the Hart location is currently zoned R-1, city officials said the property across the street is all zoned C-1. A public hearing was held prior to second and final reading passage Tuesday night.
Although he does not oppose this particular land use, Steve Cantrell said during the public hearing that in the future the city should consider when approving a zoning change making it contingent on future uses being the same or similar.
“Right now this individual wants to change the property from residential to commercial between two houses. He is going to build a beauty salon for his daughter which I have no issue with. But using his property as an example the city when approving them should make zoning changes contingent that the individual uses that property only for what the zoning change was made for. In theory after the zoning change is made and someone else inherits that property and its commercial then they could put there what they wanted that’s commercial,” said Cantrell.
First reading approval was given to Ordinance number 536 rezoning property of Holmes Creek Rd from R-1 to R-2 owned by the Hollingheads Land, LLC upon the recommendation of the planning commission Second reading action will follow a public hearing at the next meeting in August.
A public hearing was held on the proposed annexation of 640 East Broad Street at the request of the property owner Lou Ann White. No one spoke in opposition.