The appeal hearing for what was termed a “half-way house” in a Magee neighborhood drew a standing room only crowd before the Magee Board of Aldermen last week. The appeal was heard before the board with Aldermen Lane Steele presiding as Mayor Pro Tempore. Approximately 75 people attended to observe the hearing and await the board’s ruling. An had been appeal was filed by Susan and Brent Walker as residents in the neighborhood that is being impacted by the action of New Life Church, which purchased the house. The pastor, Gary Phillips, told the board that the house was going to be used for individuals who have fallen on hard times and need a new start. The Walkers contend that the facility the church plans to operate qualifies as a “halfway house” and thus must meet and maintain certain standards. Brent Walker said before the meeting that it was the group’s goal to have the church cease and desist their process and allow the property to maintain an R-1 rating as a single family dwelling. The downtown neighborhood group was allowed to make their presentation. Residents Susan Walker, Gloria Lucas and Tony McDaniel made their concerns known to the board. Walker outlined her concerns that information gathered from the city, although public, required a written request for public records. She cited inconsistencies with the reports made available. She specifically noted that a report appeared to have been completed by three different people citing the differences of writing on the report despite the fact that it was reported to be the findings of Phillip Magee, head of city building permits. She stated that Robert Pierce had been actively involved in questioning concerned individuals and at the time was not a member of the Zoning Board and that he had also been voting on issues before being properly appointed. Pierce reported to the board in a city meeting that he had spoken to Pastor Gary Phillips. He said Phillips was not operating a half-way house. Previously Darnel Moffett, former zoning administrator, heard from Walker and others, and the Zoning Board found that additional information should be determined before they could make a recommendation. The stated goal of the neighborhood committee was to establish three points. First, they wanted their neighborhood to remain an R-1 rating for single family dwellings. Second, because there was no definition of a half-way house in the zoning guide they wanted the city to define and adopt one. Third, they wanted the city to enforce the restriction once it was adopted. Susan Walker presented these goals to the board along with ordinances of other communities as to how they define a half-way house and how such residences are addressed in their respective ordinances. She presented ordinances from Olive Branch and from Hattiesburg, a city which requires a conditional use approval. Gloria Lucas, herself a member of New Life Church, opposes the use of the house as planned by the church and described a personal situation where she was robbed and assaulted in her home by an individual. She suggested that these people need help but not in the R-1 neighborhood in which she lives. Former Police Officer and now Federal Marshal Tony McDaniel said he deals with these types of recovering individuals through Forrest General Hospital and said that they did not need to operate a facility like this in this neighborhood. He said there is not proper control access to the house to allow for proper operations. Offered a chance to respond, Pastor Gary Phillips told the board the church wants to rent the house and allow those who have fallen a chance to recover and find their way back to a productive life. He challenged the board to tell them what they had done wrong and the church would comply to correct issues. The deed of trust for the property has Phillips’ name listed as well as the leadership of the church. He said that the best thing that could be done is to vote to ban alcohol and marijuana in every form. He said he and his church would support and help in that effort. Alderman Lane Steele asked Phillips how many people would be occupying the house located at 405 Fifth Street South West. Phillips said he could not answer that but told the board again to set their standards and they would follow, but that every other property in the neighborhood would have to comply also because they would be setting standards that would be enforcable for everyone. He told the board that he could not forbid someone who may have additions to live in the neighborhood. Alderman Patrick Brown asked whether there was a possibility to sit down and discuss a reasonable compromise. Brent Walker answered that there was not. The board called for executive session to discuss the issue and moved out of the board room into a conference room. They reconvened and called the meeting back to order. A spokesman stated that the New Life Church had not violated zoning guidelines; therefore, they could proceed with their plans to upgrade the house for a rental property. The neighborhood group has the right to appeal the decision to chancery court and even up to the Mississippi Supreme Court should the court choose to hear the complaint. As of the board meeting, the group had not committed to an attorney.
