KINGWOOD — Kingwood Council has voted to close the sidewalk entirely in front of the Herring Building April 1, if the owner fails to address stone falling from the building.
Council acknowledged that doing so may result in the closure of the medical supply business in the building. A spokesman for the company said they would be looking over the building Thursday.
Mayor Jean Guillot held aloft a piece of stone at Tuesday’s council meeting that he said had fallen from the building onto Price Street. Earlier this year, city workers put an awning at the business entrance and fenced off the sidewalk around the building to protect people from falling stone.
He said the owners, Lee Hairston and Brian Duncan, have not returned calls or paid for the work, nor have they provided a plan to correct the problem.
“Now you’ve got rocks landing in the road. Not just falling on the sidewalk, now you’re getting chunks on the road,” Guillot said.
The city attorney suggested closing the whole sidewalk, Guillot said. “Which means you’re shutting down a business, which is not a really good option, because I hate to see that business shut down when it’s not even on them.”
The attorney also said because the city knows the stone is falling it could be liable if someone is hit, the mayor said.
Councilman Dick Shaffer asked how closing the entire walk differs from leaving just the covered entrance to the business open? “We can’t afford to lose another business in Kingwood,” Shaffer said.
“You hate to shut a business down,” Recorder Bill Robertson said, noting it might move out of town. “It’s a no-win situation,” he said.
Councilman Josh Fields suggested the town offer informal information on relocation to the tenant.
The city has been working with Hairston since October 2017, Guillot said.
“It comes down to a hard deadline,” Councilman Mike Lipscomb said, noting council has tried to work with the owners. This is the last option, he said.
Councilwoman Michelle Whetsell said maybe this will cause the business owner to pressure the building owner to make repairs.
The final vote was 4-1 to send notices to the owner and tenant that the building will be declared unfit for occupancy and closed off at 9 a.m. April 1, if no repairs are done. Fields, Lipscomb, Robertson and Whetsell voted for it and Shaffer against. Councilman Joe Seese was absent.
The motion included sending letters to Hairston and the business owner. The city will also make the State Division of Highways aware of the road hazard.
City Clerk Mary Howell said Hairston hasn’t had 30 days since the bill for the awning was sent out and traditionally the city sends a second notice on bills.
Also at the meeting, council:
approved first reading of a rate increase for Public Service District 2 customers. Water Board attorney Sheila Williams said the bond holders insisted the PSD have sufficient money in its reserve fund. Otherwise they would not approve Kingwood’s acquisition of PSD 2. The increase would be about $2.25 per month on a minimum bill.
delayed renewing its franchise agreement with Atlantic Broadband. It wants the city attorney’s opinion on whether other companies, such as Prodigi, should also be signing franchise agreements. The town gets 3 percent of gross revenues annually from Atlantic Broadband. Last year it was $22,000.
discussed paying members of all city boards $50 per meeting and paying a secretary to take board minutes. Water and sewer board members are paid currently, but planning commission and others are not.
