Magnolia, Pike County and Pike-Amite-Walthall Library system officials met collegially Monday to discuss the condition of the Magnolia library building and who needs to take care of it.
Broadly, the groups agreed that Magnolia owns the land and most, if not all, of the interest in the building under a 1976 interlocal agreement with the county and the library system, while Pike County insures the building and its contents and the library system oversees library operations.
A deed on file in the county’s land records shows the property’s transfer from private owners to the city in 1962.
Supervisor Robert Accardo, representing the county at Monday’s meeting, pointed out a letter sent to the town by county board attorney Wayne Dowdy in January 2021 which cites the deed and the interlocal agreement in denying county ownership of the library building.
However, Dowdy wrote that the supervisors authorized him to draw up a quitclaim deed, which would “convey all right, title and interest to the library building to the City of Magnolia.”
Dowdy’s letter was apparently a response to a letter to the supervisors in January 2021 from interim Mayor Becky Magee, who served in that capacity after former Mayor Anthony Witherspoon’s resignation on Dec. 31, 2020.
Magee’s letter asserted that the county owned the building.
After the meeting, Dowdy’s offer from the supervisors caused Mayor Tammy Witherspoon to question the assertion that the town owns the building completely.
If the town already completely owns the building, “how can (the county) convey what they don’t have?” Witherspoon asked afterward.
Accardo, during the meeting, said the library building, as an improvement of immovable property on the lot, is part of the city’s ownership of the land lot.
Typically, “the owner of a lot owns what is on it,” he said.
Witherspoon said she would provide the town’s board attorney, Barbara Blackmon, with copies of the deed and the interlocal agreement for her evaluation and recommendation on how to move forward.
All parties agreed that the building needs maintenance, though how to do that is also in some question. Witherspoon said some of the building’s condition might be addressed under the insurance policy carried by the county.
Supervisor Robert Accardo said he doubted insurance would cover any of the damage the building suffers from now, and the city would need to make repairs and perform regular maintenance tasks.
“Insurance won’t pay for something that happens because of a lack of maintenance,” he said. “If a lack of maintenance continues, the building could get to be uninsurable. If a tree falls on the building and an adjuster comes, the insurance will cover the damage exclusive of the maintenance issues.”
Witherspoon noted that the city has kept up the grounds and paid the utilities, and said city workers recently trimmed trees and cleaned out the gutters, though some library board members and patrons said there are saplings still growing from some of the gutters.
“I apologize for the roof leaks and the posts falling,” she said. “We just didn’t know the city owned the building. We know this can’t go on any longer.”
Witherspoon asked that an adjuster from the Mississippi Association of Supervisors Insurance Trust come and look at the building, and Accardo said County Administrator Tami Dangerfield could help to arrange that.
He cautioned that there could be unintended consequences, however.
“If an adjuster comes and sees a lot of neglect, they can cancel the policy,” he said.
Witherspoon said the city may be amenable to taking on the insuring of the building, but Accardo said the county would be happy to continue paying for the insurance coverage.
“Sitting where I am, if someone offered to pay insurance premiums for me, I’d take it,” he said.
The groups agreed to meet again after Blackmon looks over the deed, interlocal agreement and correspondence paperwork Terry Jackson of the Magnolia Gazette compiled for the meeting. Jackson, who got the groups to convene together, said he would take care of scheduling the next confab as well.
“Some things you aren’t supposed to fight over. You just fix them,” Witherspoon said. “We’re ready to resolve this, and we want to see it resolved.”
