Another three-hour plus meeting last night and it was a doooozzzy. With the rate that members of the Common Council are compensated, I figure that makes it about $1.45 per hour for this last two-week period.
From experience, I totally expected it to be an extravaganza because it contained two of the public's favorite topics: Zoning and Disabled persons. It didn't disappoint me either.
I could have mailed the script in and, in truth, probably the outcome too because it is all so predictable...and all so stupid and childish.
Here are the facts:
A person purchased a home in a very nice (not exclusive, but nice) upper middle class neighborhood and then proceeded to get it licensed as an Adult Family Home. The neighbors knew nothing of this. He didn't check the zoning before he bought the home and if he had he would have discovered that he needed a "Conditional Use Permit" in order to operate the home. Without knowing this he advertised that he was "open" and would take not only the customary Alzheimer's patients and Developmentally disabled (which would have been okay with the neighborhood) but also "AODA and Mentally Disturbed". Of course, the neighbors went crazy. What else would you expect them to do?
A hearing was scheduled before the plan commission and sure enough, in the research done by the neighbors they found that the owner had misdemeanor convictions and had recently (two years ago) changed his name. Obviously this raise their suspicions even higher.
The next thing we local yokel elected officials know, BOTH sides have engaged legal counsel and the Plan Commission hearing featured: the two lawyers for the opposing sides, the City Attorney, a resident of the neighborhood who is also an attorney and an Alderperson who is also an attorney.....let's see that makes 5, (count 'em) attorneys in the room. Guess how many opinions there were....well, actually it boiled down to two....after you discount the nuances of the law.
Charges flew back and forth and the Attorney for the Group home charge that we were violating ADA (Americans with Disabilities Act) and AFAA ( Fair housing something....I'm lost in the alphabet soup of group living arrangements and I'm USED TO IT!) The staff, the Zoning Administrator and the Planning Director became ADVOCATES for the owner...it was ugly but predictable
The Planning Commission denied the Use Permit and all hell broke loose....
The Mayor accused the plan commission of trying to get the city sued....the City Administrator jumped into the act and got a ruling from the City's liability insurance carrier that said if the City deliberately broke the law the insurance company would refuse coverage. The Owner went on the radio and accused the neighborhood residents of telling the "elderly" to GO TO HELL" and the radio station let him get away with it. The radio station also played the Mayor's dire warnings every hour on the hour along with a quote from the City Attorney, which, in essence laid out the Owner's case for him.
At the council meeting last night the fruits of a full week of mobilization of the forces for the disabled showed up in full force even handing out badges at the door (to their supporters) to HOMES FOR THE HANDICAPPED". Owners of other group homes came to microphone in rapid succession to sing the praises of group homes, some even came up to say how ASHAMED they were of our city for even questioning the permit. And, of course, a disabled person stood at the mic and tearfully sang the praises of the owner.
The neighborhood residents spoke only to the fact that they were appalled to be treated like they "kicked puppies" and were furious that they were called "selfish" "bigots" "elitists" and even worse.
Only three attorneys got into the act. And the threat of a lawsuit wasn't veiled in any way shape or form. The City attorney was left with the position that anybody could sue anybody and that if we couldn't provide an "affirmative defense" our likelihood of prevailing would be slim.
In the end?
The fear of being sued prevailed.
More later....I have appointments to keep....
Let's talk about this.......
About Me
- hizzoner
- I have been involved in politics since I was 18 years old....let's just say that was a considerably long time ago. I've been in legislative service, I've been in local government as both staff and an elected official (three times actually). I have an almost child-like belief in the good that government can do and have always felt that it was my duty to make government work for the people it represented no matter what venue I was in. If I have any admirable trait at all, I think it must be insight. Maybe there's something to the zodiac sign business afterall because my sign says that I am supposed to have special insights into people and I have found that it's true....at least thus far.