The fate of a proposed downtown assisted living facility stillhangs in the balance as aldermen will mull information theygathered at a Tuesday night public hearing to address concernsholding up the development.

After considerable discussion, aldermen indicated they will makea final decision on the facility at next Tuesday’s board meeting.Rules do not allow a formal board vote during public hearings.

Meanwhile, members of the public packed the boardroom to voiceboth their support and their dissent in regards to having thefacility, which is set to be located on Monticello Street acrossfrom the Inez Hotel.

Developers Gayle and Chance Evans and architect Phillip Shawhave asked the board of aldermen for a variance for the height ofthe building, as well as a special exception to allow seven roomson the ground floor for in-patient therapy at the facility.

The Evanses said the bedrooms on the first floor of the facilityactually fall more into the category of health care since they arenot meant for permanent living. Because the state mandates thatassisted living facilities have therapy units, the beds are a must,Chance Evans said.

“The state determines we have to have it,” he said. “If itwasn’t for that, sure, we’d just have residential.”

The Evans camp told the board that the downstairs beds will behospital beds which will hold only temporary patients who arereceiving therapy. There is currently an ordinance banningfirst-floor residency in the downtown business district.

“We’ve worked in 30 states and in just about every city, this isthe first time I’ve seen this,” Shaw said. “They love having peopleliving downtown, because when you bring people downtown to live,you keep the downtown vibrant.”

City Attorney Joe Fernald pointed out that making a specialexception could cause the city to have to allow other businesses toput living quarters on the street level, which could become aproblem.

“Once this happens, we have to treat people the same,” Fernaldsaid, pointing out that other downtown building owners could startrenting out to tenants on the first floor. “Then we have no controlon the quality of lifestyle.”

Alderman at Large Karen Sullivan told Evans that she supportshis facility ideas based on personal experience.

“Are you admitting people before they get therapy? No,” shesaid. “Then I don’t consider it residential. My mother was inassisted living before she died and it makes sense not to move themup and move them back. I think it’s a medical facility and unlessyou can move the cafeteria to the first floor and move therapy tothe second floor, I have nothing else.”

Mayor Les Bumgarner read the board the ordinance regardingresidential occupancy on the first floor, saying that it may bepermitted by special exception after a hearing and approval of thezoning board and the fire marshal and/or fire code.

“This is a unique case because there has never been an assistedliving facility in the Central Business District. There is noprecedence,” he said. “Your decision will set the tone for all thefuture decisions of like qualities.”

Bumgarner went on to state that the board has always deniedfirst floor residences in a “firm and consistent manner.”

“To make an exception in this case must be well-thought-out.Preserving and growing the downtown Central Business District hasalways been and should always be the number one priority,” he said.”How this assisted living facility request affects the CentralBusiness District is unknown. I ask all of you to back yourdecisions with facts, consistency and fairness.”

Fernald also pointed out areas of local building and zoningordinances that require that a special exception cannot bringspecial privileges that other businesses don’t receive, nor can thebuilder create the need for a special exception. In addition, hesaid, the building needs to be in general compatibility with otherplaces in the district.

“This is the first residential facility in the district sincethe Inez Hotel, and by that definition, it’s not in generalcompatibility with the neighborhood,” he said.

Another issue Fernald brought up was the architect’s obligationto complete the building if for some reason the builder does notwant to finish the job, it falls to Shaw, he said.

“From start to finish you’re on the job, and if it’s notfinished, you’re on the hook,” Fernald told Shaw.

The board also discussed the height variance request, since theplans show the building as needing to be 66 feet high, and cityordinance only allows 55 feet. Shaw told the board that ordinancewas created when the city’s tallest fire truck ladder was only 55feet high. According to Fire Chief Tony Weeks, the tallest ladderis now 75 feet.

In addition, Shaw added, the height of the floor of the toplevel will be 54 feet.

Ward Five Alderman D.W. Maxwell grilled the Evanses about theirknowledge ahead of time about the height requirements, asking themagain and again if they were not aware of the numbers before theycame to the board with plans. Chance Evans held that a publichearing and all the different steps the builders had been throughare aimed at asking them to make a special exception.

Gayle Evans got exasperated with Maxwell’s barrage ofquestions.

“Why don’t you say it about 10 more times, because I’ve heard itenough,” he said. “All I want you to do is say yes or no, and Idon’t want to hear all the rest of this stuff.”

Spectator Jackie McGee, who lives outside the city limits inLincoln County, said his mother had been in assisted living inRidgeland at one time.

“Your concerns have been addressed and I hope you’ll vote forthis,” he told the board. “Having an assisted living facility herewould have helped us so much.”

Downtown property owner Lynn Lofton left a letter for aldermento read, in which she said she was concerned about the age of theresidents that would be living in the facility, and that she fearedfor their safety on Monticello Street should they try to cross. Shealso said she does not like the layout of the building, which issituated so that the main entrance is where most people wouldconsider the back, and the back of the building faces MonticelloStreet.

Meanwhile, Brookhaven resident Louie Entrican brought a posterwith him to the meeting. It depicts a group of people in a boat,and bears the words, “Working Together.”

“I was going to bring this to Gayle, but Gayle doesn’t need it,”he told the board. “You need it.”