There has been a lot of press lately, and a lot of people who want to save The Book House. There have been a number of people calling for the City of Rock Hill to do something. What can the City do, legally?I'm a big believer in smaller government that stays out of the way of business. Less regulations, and allow for competition to determine what happens in the market, and at what price. It is competition that has led to many of the great inventions of our time.
First, The City of Rock Hill has not received any plans for construction on the site or an application for re-zoning (if required). If the business wanting to move in meets the legal requirements for the commercial business district, then there is nothing that can be done to stop it.
Second, the eviction of the Book House is a PRIVATE transaction between the business and the landlord. The City has NO influence on that, and should never get involved in a private legal transaction. I did mention to the owner (Michelle) to check what her lease says, as that dictates what can and can not happen with an eviction.
Third, Do I want a storage facility right in the middle of my City? No, but going back to my earlier points: government staying out the way of private enterprise, and do they fit the legal requirements for the site.
Fourth, My first responsibility as Alderman is to the ENTIRE City of Rock Hill. That means spending the tax dollars very wisely and ensuring our citizens are safe in their daily pursuits.
Fifth, The City does have a Historic preservation ordinance. If we were to choose to classify the building at this point, it would be seen by most any court as interfering with a private party transaction. While I will hate to see a historically old building torn down, I'm not willing to open the City up to a legal battle we have little chance of winning.
I will never say how I will vote on a particular ordinance or resolution before the Board of Alderman, until presented with all of the facts and having my questions answered.
The opinions expressed above and completely my own, and do not necessarily reflect the opinions of the City of Rock Hill or other elected officials.
If YOU are really interested in helping the Book House, the best place is to probably go to their Facebook page, see their Change.org petition (directed toward the City, and not the property owner), or donate to their Indegogo campaign (they may need legal help too). There is also a Rally scheduled (Rally to save Rock Hill's Book House is Tuesday)
Many of the articles about The Book House are not 100% accurate, but read them for yourself:
- Development Threatens Rock Hill's Book House
- Save independent bookstore in Rock Hill
- Book House Issues Call To Stave Off Eviction
- The Book House: Will Developers Demolish Historic Rock Hill Site For a Storage Facility?
- What Is a Bookstore?
- Storage Facility May Take Place of Rock Hill's Book House
- The Book House, a Rock Hill institution, is forced to relocate
- There are probably many more that I haven't linked to here. Feel free to submit links in the comments.
10 comments:
Very nice post, Mr. Scherry. But it seems as though Michelle's eviction is directly related to a possible backing out of the sale by the developer - no point in an eviction if the property is to be sold, right? I don't see how Rock Hill's potential designation of the building as historic - since I believe that was already done - is cause for a lawsuit re interference. It doesn't mean a sale can't proceed, it simply means the developer must take that into account re his plans for the property - and he's been quoted as saying his company could help The Book House move its building and/or its location...
However, there is right and there is wrong - and there are many other areas in which to put a storage facility. Perhaps the question should be what does the current owner do for Rock Hill versus what does The Book House contribute?
I agree, that the eviction seems to be related to the potential re-development. But I re-affirm that it is between two PRIVATE parties, and the City has no influence on that particular PART of the transaction.
Are there better places in the City for a storage facility? I would say yes.
I should have qualified my first earlier point: Nothing can be done, if they do not need any variances or special permits for construction.
But I understand that they WOULD need a special use permit...
Which would all the City to have influence on the new construction; but does not allow us to affect the eviction directly.
The Book House received the first ever historic designation plaque given by Rock Hill, per 12/04/2009 article in the Webster Kirkwood Times. I guess that means nothing. Did I hear right that the city is now trying to sell Fairfax House? What do you do with the taxes coming in from the corner of McKnight/Manchester? And the new UGas taxes. Or are those TIFs. Maybe Mr. Stahl needs to know if he sells to a developer who wants a TIF, the developer will have to move the Book House.
The City is not making any attempt to sell the Fairfax house. UGas owns the property it sits on, and is working to sell the portion of the property directly next to the house. I don't like it, but as long as they do not violate our lease, we have little say in the sale (some, but not much).
I was unaware of the historic designation for The Book House. That would change things.
Even though one is an elected city official, one can voice support for a business/historic building which has been a positive influence in that community.
People elect officials to represent their interests and speak up for them when the need arises.
Unofficial support shows citizens their representatives do care about their interests.
You must think no one on here has any inkling how local government works. Beyond a doubt, tax revenue-wise, the storage facility is a better deal for Rock Hill. You've also stated--clearly--that you like smaller government. People who like smaller government almost always seem to be on the side of bigger business. No doubt Rock Hill has seen a drop in their general funds ever since Officer Zeigler retired. But is this really how you want to make it up?
Why would tax revenue be better? The book house is generating both sales tax, a business license, and property tax. The storage unit would not generate any sales tax.
Karen, you would be amazed at how many people do not understand the true role of government. I do my best to help educate.
The Book House has been designated as an historic building by the City of Rock Hill and St. Louis County. It has even been listed as one of the most endangered historic buildings in the county. For more than five years the Rock Hill historic preservation Commision wanted to designate an historic corridor that would have preserved the Rock Hill church th Fairfax house in its old location and saved the Book House as well as a couple other historic buildings. By embracing the historic corridor and supporting development that enhanced the heritage of the region it could have preserved the character of the area, attracted tourists and shoppers and supported the local independent businesses instead of kicking them out and supporting retail developments that small businesses cannot afford to move into. Webster groves maple wood Richmond heights and many other local municipalities create building codes that protect and preserve the local community. rock Hill does not. Maybe it is too late to do anything in this situation but there wer many small decisions made that show where your loyalties lie.
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