Hiwasse move to annex into Gravette OK'd

County judge says Gravette a better match

In support of Hiwasse annexation — This shows just part of the crowd of Hiwasse area residents, and others, who attended the annexation hearing in Bentonville Monday morning. Front row from the right, Gravette Mayor Byron Warren, Leon Bertschy, who filed the petition requesting annexation of Hiwasse into Gravette, his wife, Peggy; Larry Kelly, president of the Hiwasse Committee opposing annexation and Jim Parsons, of Bella Vista. Directly behind Warren is Justice of Peace Steve Curry of Gravette. In the back row, from the right are Gravette City Recorder Mike von Ree and Council member Jimmy Denver. Also in attendance were Gravette council members Melissa Smith and Larry Stidham. Shortly after this photo was taken the room filled to standing-room-only, a crowd estimated at almost 100 persons.

In support of Hiwasse annexation — This shows just part of the crowd of Hiwasse area residents, and others, who attended the annexation hearing in Bentonville Monday morning. Front row from the right, Gravette Mayor Byron Warren, Leon Bertschy, who filed the petition requesting annexation of Hiwasse into Gravette, his wife, Peggy; Larry Kelly, president of the Hiwasse Committee opposing annexation and Jim Parsons, of Bella Vista. Directly behind Warren is Justice of Peace Steve Curry of Gravette. In the back row, from the right are Gravette City Recorder Mike von Ree and Council member Jimmy Denver. Also in attendance were Gravette council members Melissa Smith and Larry Stidham. Shortly after this photo was taken the room filled to standing-room-only, a crowd estimated at almost 100 persons.

Wednesday, February 29, 2012

— Hiwasse cleared its first hurdle to become a part of Gravette when County Judge Bob Clinard on Monday ruled that all the technical requirements for its annexation were in order.

The hearing happened because Hiwasse citizens, and several between Hiwasse and Gravette, sought to become a part of Gravette rather than Bella Vista.

Bella Vista is seeking to absorb about 4,000 acres, including Hiwasse, through an election set for May 22.

Hiwasse citizens filed their petition to annex into Gravette on Jan. 20, three days before the Bella Vista City Council finalized the call for the May 22 election.

More than 75 Hiwasse area citizens were present at the hearing Monday morning in the Quorum Court chambers when JudgeClinard began the proceedings.

photo

Ward map approved by Highfill's city council.

The hearing lasted almost two hours until the judge, at 10:45 a.m., read his decision: “I find that all the technical requirements of the annexation have been met. I find that the petition is right and proper and I therefore grant the petition subject to the approval of the Gravette City Council and upon such approval, the area described in the petition will become part of the city of Gravette.”

The announcement drew a standing ovation from the citizenfilled courtroom.

Clinard said, “Not one person from the area to be annexed, or from Gravette, spoke against this. This was a factor in my decision. I also think Gravette and Hiwasse are more alike in their thinking, with both being more farming and agricultural communities, and that should make this more suitable.”Appeal Process

The public is allowed 30 days to file an appeal which, if filed, would be heard in Circuit Court.

The Gravette City Council last week approved a resolution in support of the Hiwasse voluntary annexation and is expected to approve the judge’s ruling.

Bryan Vernetti, attorney for Bella Vista, indicated to the Westside Eagle Observer that Bella Vista will file a formal appeal.

According to documents read by Judge Clinard, 71 percent of the 336 property owners in the area proposed for annexation to Gravette had signed the petition. The designated area includes the land proposed for annexation into Bella Vista as well as numerous property owners between Gravette and Hiwasse required to make the two areas join, a requirement for annexation.

Vernetti spoke in opposition to the petition saying that Bella Vista has a financial interest in the area for commercial development and the city council has the “financial interest of the citizens of Bella Vista at heart.” Interchanges on the Hiwasse/Bella Vista bypass are included in the area.

Jim Phillips, with the firm Friday, Eldridge and Clark law firm that’s representing the Hiwasse citizens, explained that residents of the area wish to protect their agri-based status, which becoming a part of Bella Vista would jeopardize.

Organized Opposition

Larry Kelly, president of the Hiwasse Community Association, a nonprofit group formed to oppose the Bella Vista plan, said it would allow “the will of government to overcome the will of the people” because Bella Vista has a potential 15,000 voters to just 350 in the proposed area. “The law is unfair,” he added. Kelly also noted that the Gravette community is more in line with Hiwasse and its people.

Kelly reported that Leon Bertschy, as vice president of the anti-Bella Vista group, and others collected the signatures. He made the statement after Vernetti argued the petitions were not proper because Bertschy, in whose name the petitions were filed, is not an attorney.

Gravette Mayor Byron Warren told the judge that Gravette will be able to provide Hiwasse the necessaryfire and police protection, road upkeep and ambulance service. He also suggested a show of hands by those attending the hearing who supported the annexation. This resulted in an overwhelming number of raised hands from the audience.

Steve Curry of Gravette, a Justice of the Peace, said he had talked with many people in both communities who are in favor of the merger and who opposed the Bella Vista “land grab.”

“It’s a shame it (the opposition) has come to this,” he added.

Emotional Appeal

Peggy Bertschy, Leon Bertschy’s wife, said that “Gravette and Hiwasse have been tied together, not only through the school but also that help has always come from Gravette.”

Kelly interjected that the Farm Bureau has joined Hiwasse land owners in opposing the Bella Vista plan because it would almost totally disrupt the agriculture status of the area.

John Holloway, Hiwasse businessman, added his support for the petition. Novella Carlton emphasized the cooperation between the Gravette and Hiwasse fire departments has been important. She owns two farms in the proposed area but lives in a pocket which Bella Vista annexed earlier. “The first time I knew it had happened was when I got a bill in the mail for the BellaVista trash service.”

Mike von Ree, Gravette city recorder, noted that all of Hiwasse and the area is presently agricultural. As part of Gravette, it will remain as it is and will not be subject to Bella Vista’s zoning regulations.

Shannon Mitchell, a fourth generation citizen of Hiwasse, asked the court to take a few things into consideration.

Mitchell said, “I believe the only chance Hiwasse has to remain what it is today is to become part of the Gravette community. Some would like for Hiwasse to become its own town and to remain how it is. I believe this is unrealistic. With current laws the way they are, we have no chance of becoming our own town. Our neighboring cities won’t allow it.

“In the early 1970s the Gravette Public School system consolidated and took in several small schools. Hiwasse was one of those schools, and since that time our children have been a part of the community of Gravette.

“When I leave Gravette and drive towards my home, it is hard to determine where the two communities join. Our landscape is the same, we share the same agricultural interests, we are one and the same. When I leave Hiwasse and drive towards Bella Vista, it is quite clear where the two intersect. This is not only obvious to those from here but to anyone who travels down Highways 279 and 72.

“Hiwasse is a community rich in values and pride. Our citizens work hard and ask for little from those around us. As a landowner in Hiwasse, I fear what will happen not only to my home but to my family’s farm, a farm that has been worked for three generations, that Bella Vista sees as nothing more than an opportunity for industrial or commercial growth.

“I believe that the people of Hiwasse should have the right to play a part in their own destiny - I pray that the court feels the same.”

Tom Sisson contributed to this report.

News, Pages 1 on 02/29/2012