7/8/08 CoW and Council

[~LL~]

I believe the noise ordinance fine has to be paid as a pre condition to the vehicle being released from the pound.

True.  Then there is the tow fee and any 'storage' time that may have accumulated.  What amazes me is how many have $500.00  (on them! -- in cash!!) or can get $500.00 to pay that noise ticket pronto.

[Vic0218]

Thanks - I'll try BDC.

My alderman has already done all he can to keep this from happening.

[Terri]

I've posted info on this clinic here:
http://www.berwyntalk.com/smf/index.php?topic=5785.0

[Ana]

What is discouraging to me is that The Bobby Buonauro Clinic actually thought it might be successful in Berywn.

[Shelley]

If I remember correctly the clinic at 3245 Grove was passed by ZBA yet the fact it was to be a methadone clinic was not brought forth by the clinic.  I was very surprised this passed, #3 and # 8 voted ney.  

What exactly were they voting on?  Was it a zoning variance?  Who is on the Zoning Board of Appeals that passed the variance and what exactly was the variance?  Was it hours of operation or because it is not retail?  Thanks. 

[Terri]

If I remember correctly the clinic at 3245 Grove was passed by ZBA yet the fact it was to be a methadone clinic was not brought forth by the clinic.  I was very surprised this passed, #3 and # 8 voted ney.  

What exactly were they voting on?  Was it a zoning variance?  Who is on the Zoning Board of Appeals that passed the variance and what exactly was the variance?  Was it hours of operation or because it is not retail?  Thanks. 

The Bobby Buonauro Clinic was approved by ZBA and placed on Council floor at the April 8th meeting.  The ZBA report to council is in the April 8, 2208 Coucil packet (p124).   Its request was for a medical clinic then further into the report says they will operate a methadone clinic, hours of operation will be Monday thru Friday 5am to 12pm and Saturdays 7am to 10am.   

The Bobby Buonauro Clinic:
http://citehealth.com/rehab-centers/illinois/cities/evanston-city-in-cook-county/bobby-buonauro-clinic-inc

[Nazerac]

Overall, I don't think that crime is going up, especially if the patients are self-pay.  However, it will be quite a site when all the patients go out for their smoke break at 10:00 AM everyday!!


I wonder how other municipalities have dealt with this issue.  I wonder how "OC STOP THE METH CLINIC" or "LOVERO STOP THE METH CLINIC" signs on every lawn will affect the outcome of the election ... though I don't know if we'd want to advertise that we have a meth clinic in Berwyn.




http://www.northjersey.com/news/18097889.html

Lodi residents don't want methadone clinic Thursday, April 24, 2008 BY GIOVANNA FABIANOSTAFF WRITER
   
LODI — The zoning officer's job may be on the line for signing off on a non-profit organization's request to open a methadone clinic a few blocks away from an elementary school, officials said.

Joel Lavin, who serves as Lodi's construction official/zoning officer, is under fire from residents and the mayor and council for issuing a certificate of occupancy to Pathways to Health Inc., which plans to open an outpatient methadone clinic on North Main Street.

The application has sparked an outcry among residents, who claim the clinic would drive down property values and expose children walking to two nearby schools to potentially dangerous drug addicts.

Officials for Pathways to Health could not be reached for comment on Wednesday.

Lavin issued the permit in June 2006, but Mayor Karen Viscana said she and council members had no knowledge of the clinic until last month, when they learned about it through word-of-mouth.

They quickly moved to revoke the permit, and the applicant must now go before the zoning board for approval next month.

In the meantime, borough officials are looking into possible disciplinary action against Lavin, claiming that he did not have enough information about the clinic to determine that it was a permitted use, Viscana said.

The application described the center as an "outpatient clinic for alcohol and drug counseling, with methadone dispensing license."

That section of North Main Street is zoned as a neighborhood retail district, which considers medical and dental offices as permitted use. Lavin claims the clinic fit with that description, while borough officials say an outpatient clinic for recovering heroin addicts does not.

"Shouldn't it have been a red flag when he saw the word 'methadone?' I just don't understand what he was thinking," Viscana said.

"There are so many applications that come through the building department that we don't look at every single one. ... You just hope that people hired to do the job are doing the right thing," the mayor said.

Lavin argues that he was adhering to borough code, which did not require him to notify the mayor and council when certificates of occupancy are issued. The council has since changed the procedure, requiring notification of all applications before permits are issued.

The council also adopted an ordinance this week that allows for the "restructuring" of the building and inspections department.

Viscana said she had been advised to not discuss personnel issues, but added that the ordinance was a direct result of the methadone clinic application.

A special closed meeting to discuss personnel issues related to Lavin has been scheduled for Tuesday, Viscana said.

Lavin declined to comment on any potential disciplinary action but said he did nothing wrong.

"Would I want it in my neighborhood? Probably not, but I don't have the privilege of inserting my personal opinion when I'm doing my job," Lavin said at a public meeting Monday night before more than 100 angry residents.

Many in the audience called for Lavin's resignation, and others chanted "fire him" as the zoning officer sat stone-faced at a table in the front of the room.

"I made that decision based on the fact that it was a medical facility," Lavin said.

Lavin was hired in November 2002 as Lodi's part-time construction officer at a starting salary of $18,000. He was later assigned the additional duties of zoning official and made a full-time employee by former Borough Manager Steven LoIacono. He makes $67,400 a year.

"This is a small town, and we do not bus our children to school, so how could we allow our children to walk to school and pass a facility like this?" said Geraldina Scalia, who has children in the district.

Juliann Supor of Jefferson Street said she was tired of Lodi being "dumped on."

"I'm really tired of people looking down on Lodi, and I'm tired of these parking lot deals that go on without anybody knowing about them," Supor said. "This permit was issued two years ago, and we're just dealing with it now."

A special zoning board meeting has not been set, but borough officials say the fight is far from over. The zoning board is likely to rule that the issue belongs before the planning board, said Scott Sproviero, the borough attorney.

The planning board could then reject the request for site plan approval based on the fact that the business complex at 399 Main St. has insufficient parking, at which point the applicant could sue the borough.

"We just want people to know that we're going to fight this thing tooth and nail because it doesn't belong there, it shouldn't have been issued and it's not coming on our turf," Sproviero said.

E-mail: fabiano@northjersey.com
LODI — The zoning officer's job may be on the line for signing off on a non-profit organization's request to open a methadone clinic a few blocks away from an elementary school, officials said.

Joel Lavin, who serves as Lodi's construction official/zoning officer, is under fire from residents and the mayor and council for issuing a certificate of occupancy to Pathways to Health Inc., which plans to open an outpatient




http://query.nytimes.com/gst/fullpage.html?res=9501E5DE153DF935A35757C0A961958260&sec=&spon=&pagewanted=2

April 6, 1997
Legislation for Those With a Methadone Clinic Next Door
By KIT R. ROANE


As some states weigh plans to make it easier for drug addicts to get methadone treatment, two New Jersey Assemblymen have offered a bill that would give local communities the power to bar methadone clinics from their neighborhoods.

Studies have shown methadone to be highly successful in curbing addiction to heroin and other opiates. But increasingly, the communities where treatment centers are situated have complained that the decrease in crime and other social benefits credited to the drug nationally are offset by social costs locally. And they have pushed for greater say in decisions about the clinics.

If approved, the legislation would affect 21 clinics throughout New Jersey where more than 11,000 addicts receive treatment; there are an estimated 40,000 heroin users in the state. Opponents of the bill warn that restrictions on the methadone treatment centers could have dire implications, both for those now in the programs and for those who might seek help in the future. ''This is just another way of saying 'Not here','' said Mark Parrino, president of the 720-member American Methadone Treatment Association. ''It will make it harder for addicts to access treatment; it will increase crime, decrease health and contract the system at the very time we need greater access to such care.''

The bill, sponsored by Assemblymen Joel Weingarten and Kevin O'Toole, Republicans who represent the 21st District in Essex and Union counties, would add local boards to the list of agencies that license methadone clinics. The clinics must already obtain yearly approval from several state and federal agencies, including the Drug Enforcement Agency and the state Department of Health. They must also meet local zoning requirements.

Should the bill pass, New Jersey would become the only state to require such local approval. Seven states -- Idaho, Mississippi, Montana, North Dakota, South Dakota, West Virginia, and Vermont -- have no such clinics, while New Hampshire bans them entirely.

Methadone is a synthetic drug developed as an alternative to morphine by Germany during World War II; it mimics opiates, stalling withdrawal symptoms without providing the euphoric effect that addicts crave.

Only long-term addicts who have a doctor's permission may receive the drug, which usually entails going to a clinic every morning to take a supervised dose that is and logged onto a computer. Some addicts are slowly weaned off it over a period of months, while others are maintained on a small dose for years.

A daily dose costs about as much as a pack of cigarettes but can rise to $75 a week when counseling and doctor's fees are included. In private, for-profit clinics, the cost is picked up by the users or by Medicaid. Taxpayers usually pick up half the cost in nonprofit clinics.

Assemblyman Weingarten decided to sponsor the bill after receiving complaints from constituents in Union Township, which is home to one of the state's oldest methadone clinics, Suburban Clinic Inc.

Thomas Kraemer, Union's police chief, said he did not know of any crimes directly linked to the clinic or its clients. Still, he describes the treatment center as a ''nuisance,'' adding that in 15 months, his office has received more than 300 complaint calls from the eight-block area surrounding the site for violations ranging from loitering and vandalism to selling drugs.

The clinic's operator, Jerry Bass, said his patients were not a source of crime, a sentiment echoed by some merchants in the Vauxhall section of Union near the clinic.

And Terry O'Connor, the assistant commissioner for the state's Division of Addiction Services, said there were no statistics supporting links between crime and clients of any of the state's methadone clinics.

However, neighbors on the small residential street that butts up against the clinic believe that the methadone users are troublemakers, if not criminals.

''They park on our street, loiter and have fights all the time outside the clinic,'' said Thomas Glenn, a 22-year-old carpenter.

Other neighbors expressed concern that the clinic serves patients from communities other than Union -- ''as far away as Pennsylvania,'' one woman said.

Mr. O'Connor is not surprised by statements like this.

''As you might expect,'' he said, ''methadone is not something that some communities view favorably, even though study after study has shown that methadone treatment actually decreases crime and drug use, while increasing employment and improving health.''

Among the many studies conducted after methadone was legalized as a treatment 22 years ago, one 1988 cost-benefit analysis conducted for the National Institute on Drug Abuse concluded that for every $1 spent on methadone treatment, communities received $4 in benefits through reductions in crime and incarceration. Other single-state studies have shown the benefit to be twice as great in urban areas.

But when it comes to local politics, the studies don't always count for much.

''Most people like their local governments to have autonomy and they don't like facilities that attract drug users to their community,'' said Stephen A. Salmore, a professor at the Eagleton Institute for Politics at Rutgers University. ''There is very little political support for putting these clinics anywhere, so I think this legislation would look pretty popular to legislators.''



==


Roanoke County reverses field
License denied for methadone clinic site
"It is my opinion, as zoning administrator, that the operation of a methadone clinic is not the practice of family medicine," David Holladay wrote.

By LAURENCE HAMMACK
THE ROANOKE TIMES







   Roanoke County denied a business license for a methadone clinic in a suburban neighborhood Tuesday, delighting residents opposed to the proposal while inviting a possible legal challenge from the clinic.

    In rejecting an application from the Life Center of Galax to operate a satellite clinic at Colonial Avenue and Ogden Road, zoning administrator David Holladay changed his earlier interpretation of the county's zoning ordinance.

    In June, Holladay wrote in a letter to the Life Center's attorney that a methadone clinic falls within the category of a medical office, an allowed use for the zoning district where the clinic is being proposed.

    But in denying the Life Center's application for a business license, which requires a finding of zoning compliance, Holladay wrote in a letter dated Tuesday that new information recently provided by the Life Center led him to a different conclusion.

    "It is my opinion, as zoning administrator, that the operation of a methadone clinic is not the practice of family medicine," Holladay wrote, referring to the site's intended use when it was rezoned in 1989 to allow a family medical clinic.

    In announcing plans last month to open the clinic, which would offer outpatient treatment to addicts of opium-based drugs such as OxyContin and heroin, officials with the Life Center said they had received assurances from the county that the site was zoned appropriately.

    "We are shocked and surprised by today's action," said Tina Renee Bullins, the Life Center's chief executive officer.

    Bullins declined to comment on whether the Life Center will contest the county's actions.

    But the possibility of a legal challenge from the drug treatment center was acknowledged by the county Tuesday when the board of supervisors held a special closed meeting to discuss "probable litigation" involving the clinic.

    Since the Life Center announced plans to open its clinic in a vacant doctor's office, the county has essentially been put in a position of getting sued either way. Had it approved the business license, the county might have faced a lawsuit from angry residents in the area, County Attorney Paul Mahoney said.

    Now that the license has been denied, legal action from the Life Center seems just as likely.

    "I think the odds are pretty good" that the matter will wind up in court, Mahoney said after the board emerged from an hourlong executive session.

    Although the long-term scenario appeared murky, Tuesday's decision gave residents opposed to the clinic reason for immediate celebration.

    "That's wonderful to hear," said Mark Graham, head of a citizens' group formed last week after about 200 Southwest Roanoke County residents stormed a community meeting to voice concerns about traffic, crime and decreased property values they believe the clinic would bring.

    Graham said he hoped the county's action will lead the Life Center to consider other, more appropriate sites for a drug treatment center, which most agree is needed in the region. But the citizens' group will continue to meet and plan opposition to the Colonial Avenue site.

    "We're in this for the long haul," Graham said.

    In Holladay's letter to Life Center attorney Ed Natt, the county zoning administrator listed three pieces of new information recently provided by the Life Center that led him to conclude that a methadone clinic does not meet the county's definition of a medical office. They are:

    The arrival of patients between the hours of 5 a.m. and 2 p.m. Such activity is "much different from scheduled appointments at a typical doctors' or dentists' office," Holladay wrote.

    Planned security measures that include the use of guards and possibly a fence around the clinic. "These security measures are not consistent with a typical medical office," Holladay wrote.

    A statement from the Life Center that a physician may not be at the site every day, which Holladay said conflicted with assurances made earlier in the process.

    Methadone is a synthetic narcotic that can be used legally only with a doctor's prescription. Proponents of methadone treatment say that when given appropriately in daily doses, the drug curbs opioid addicts' cravings and eliminates withdrawal symptoms, allowing them to lead normal lives.

    Although the county has mentioned the possibility of legal action, the Life Center could first take steps short of going to court - including taking the denial to the county's board of zoning appeals.

[Terri]

The ZBA originally approved the medical clinic in April.   Joel requested a public hearing but ZBA said it was the Aldermans decision to request a public hearing.  At least that is my understanding from reading the packet.  I do remember prior to the vote on Tuesday the Mayor reminded Alderman Chapman of the retail overlay in the DD.  

[Shelley]

The ZBA originally approved the medical clinic in April.   Joel requested a public hearing but ZBA said it was the Aldermans decision to request a public hearing.  At least that is my understanding from reading the packet.  I do remember prior to the vote on Tuesday the Mayor reminded Alderman Chapman of the retail overlay in the DD.  

Yes, but what was the exact variance from the current zoning laws.  Council and the ZBA appoved a variance, right?  Or does council vote on any tenants of commercial properties?  Is the variance that it is a medical clinic in an area zoned only for retail or that the hours of operation are different than what that area is zoned for?  Also, who is on the zoning board of appeals that voted in favor of whatever zoning variance was requested for the medical/methdone clinic?   

[OakParkSpartan]

Council does not vote on every tenant of a commercial property.

[ZORBA]

Not being a smart ass, many of the drivers stopped in our fair town have no license, never had a license, will never bother applying for a license. Sanctions by the Secretary of State are meaningless to them. No insurance either. A guy hit my neighbors car the other night, launched it onto his front lawn. No license, no insurance, valid Mexican ID from the state of Guererro though.

There's also additional recourse criminally, namely, after a certain amount of offenses, it may become a felony. Not to mention that there is MANDATORY jail time for driving on a suspended license, even for a first offender, if that suspension is dui related.

[Vic0218]

Shelley - good questions. I'm also interested in the answers even though they may have no impact on the end result here.

I've learned today that neither of the pediatrician offices in that building knew about the plans to bring this type of tenant in. A few of the folks reached that are involved with the BDC did not know of this item. A few of the business owners (that I am in contact with) in the Depot District did not know as well. A number of families in the immediate vicinity were surprised to learn of these plans and that aldermen from outside the district had some say in making this happen.

I imagine the next-door neighbors in the condo building (who are already up in arms over the Salerno late night dance club) are just going to go balistic when they find out. Does anyone know how to reach their condo board president?

There is some conflicting info floating around on the hours the clinic will operate and whether or not it is a done deal.

In the end, it is probably the owner of the building who wants to bring the tenant in, and it appears some city council members are helping to clear the few roadblocks involved.

Can the other business tenants in the building and the area residents do anything to prevent it? We'll see. I have a feeling the alderman and the mayor are about to hear about this from a wide variety of sources.

[Rizzo]

Council does not vote on every tenant of a commercial property.

We are greatful.  Could you imagine the length of the council meetings if each business had to be voted upon.

[OakParkSpartan]

Council does not vote on every tenant of a commercial property.

We are greatful.  Could you imagine the length of the council meetings if each business had to be voted upon.

Yes.  It would still be going on.

[Bonster]

Also, who is on the zoning board of appeals that voted in favor of whatever zoning variance was requested for the medical/methdone clinic?   

Hernandez, Castaldo, Fejt, Miller, Chrastka, Persin, and Laureto.

per the Packet:
The final vote was 7 to 0 in favor of granting a Conditional Use for the applicant to operate a Medical Clinic as described in the RO Retail Overlay District in accordance with the ... etc.

You can read all about it here, starting at about page 125 ...
http://www.berwyn-il.gov/pdf/MtgAgendas/2008/20080408-CouAgenda-Full-Packet.pdf

[java]

The ZBA originally approved the medical clinic in April.   Joel requested a public hearing but ZBA said it was the Aldermans decision to request a public hearing.  At least that is my understanding from reading the packet.  I do remember prior to the vote on Tuesday the Mayor reminded Alderman Chapman of the retail overlay in the DD.  

Yes, but what was the exact variance from the current zoning laws.  Council and the ZBA appoved a variance, right?  Or does council vote on any tenants of commercial properties?  Is the variance that it is a medical clinic in an area zoned only for retail or that the hours of operation are different than what that area is zoned for?  Also, who is on the zoning board of appeals that voted in favor of whatever zoning variance was requested for the medical/methdone clinic?   

As Terri points out, the ZBA info is in the full April 8 council packet online here:  http://www.berwyn-il.gov/pdf/MtgAgendas/2008/20080408-CouAgenda-Full-Packet.pdf

The report states that "...since one of the offices to be leased has been vacant for more than 6 months, according to the new amendment to the RO Retail Overlay District, the applicant needs to get approval of the Conditional use."  That appears to be the variance.

The report indicates there was a public notice on Feb. 28 and a hearing on March 18.

The ZBA members voted unanimously to grant the variance.  

They are:

Joel Chrastka, Chairman
Milton F. Persin, Executive Secretary
Dominick Castaldo
Robert W. Fejt
Mary Esther Hernandez
Nora Laureto
Don Miller

Maybe one of them can shed some light?  Was the space suitable only for offices, (making retail use unlikely) and for which there was no other office tenant interest in 6 months or more?

Interesting that the motion on the council floor on April 8th to accept the variance failed (with the Mayor breaking a tie of 1,4,6,7 for and 2,3,5,8 voting no).  With 2 and 5 gone from this past meeting, only 3 and 8 were present to vote no.  Maybe 1,4,6 or 7 can splain why they voted yes twice?  And why if it was already defeated, did it come back onto last week's agenda for another vote?

One solution could be to try and force the clinic out of business by competing directly with it by opening up a retail business across the street.  Berwyn could use a good head shop.

[Bear]

"One solution could be to try and force the clinic out of business by competing directly with it by opening up a retail business across the street.  Berwyn could use a good head shop."

With everything that is going on at Windsor Bar and Salerno's,
that probability runs high.

There were many fopas along this route, the blame will ultimately fall
on OC's head once the carnage of new DD visitors start.

[Vic0218]

java -

I think there will be a path worn in the cement from people trudging back and forth between Windsor Bar and the clinic. No need for a headshop with that place around.

[ZORBA]

Can someone please explain to me what a "fopas" is?

[Shelley]

the blame will ultimately fall
on OC's head once the carnage of new DD visitors start.

Bear,

The mayor voted against this clinic in this location.  The mayor is against it, right?
Lovero voted for this clinic in this location.  Lovero supports a methadone clinic in the Depot District, right?