numeric misrepresentations and fabrications. (ie; The City outside
law firm states in Fall 2007 report on Rosansky's renting property
to a rehab owner "no rehab occupants were found to be residing in
rental unit." Yet now the City shows that bed count of 6 added to
the license bed count of the Shores Rehab bed count for a total of
12). Lots of other inaccuracies, ghost houses, over-counts, etc.
2 - Does not describe slippage (an increase in bed count mysteriously
occurred) that has occurred from Point of Moratorium to Ordinance
then from Ordinance to today. There’s over a 10% increase in Rehab
Bed Count during such period.
3 - City has no logical reason to settle before Public Hearings.
4 - City has not and will not acknowledge that the level of beds they
are proposing with this Agreement is only a starting point minimum
that will “creep” upward in bed count due to the following:
a - A change in Development Agreement (likely)
b - The City is unable to stop licensed “6 and Unders”
c - Public Hearing will result in less closure than City will admit
d - Invariably there will be more lawsuit fallout (Morningside)
5 - Development Agreement leaves WN\Lido\Penn with 85% of all
Rehab Beds in which area only accounts for 20% of City’s population.
Most ironic about the City's "sweetheart deal" is that BEFORE the
deal WN\Lido\Penn had 80% of all Rehabs in the City, AFTER this
spectacular "sweetheart deal" WN\Lido\Penn will (according to the
City's Changes in Bed Count Projection) have 85% of all Rehabs in
the City. Please.... make the City STOP....at this rate they're going
to negotiate WN\Lido\Penn right into having 100 % of all Rehabs !
6 - Based on industry\historic averages, the Over Concentration
remaining after the Development Agreement will START at 13x in
excess of what the WN\Lido\Penn area needs. This will "creep" to
greater excess in time.
7 - The City has begun to already violate its own mandates as per
the New Ordinance in this proposed Development Agreement and
can’t explain why. This is already seen in City's refusing to enforce
dispersal requirements for Sober Living on 39th Street as pointed
out by one angry resident at the City's presentation of the proposed
plan at Speak Up Newport on Wednesday.
8 - In the Development Agreement, the City agrees not to enforce
the New Fire Code (for Sober Living only) of which Federal Courts
have already ruled to be non-disriminatory, yet City will enforce
New Fire Code for all other rehab operators. Odd thing is though,
this New Fire Code, specifically applicable to Group Homes, if ever
enforced, would put such a burden on R-1, R1.5 and R-2 structures
to modify those structures in order to comply (ie: sprinklers, fire-
rated interior walls and ceilings, etc) that the Fire Code would force
most Rehabs to MFR structures as they have many New Fire Code
compliance measures already in place. This Over-Concentration
problem in all of Newport could be controlled in a reasonable, non-
discriminatory manner overnight, but the City is not pursuing or
talking about this though. I wonder why.
9 - City offers no assurance Development Agreement won’t be later
revised\expanded per Dave Kiff at Speak Up Newport on Wednesday.
10 - We are delaying an inevitable legal battle. Once Sober Living
gathers enough cash and political influence (influence meaning the
hiring of more ex-City Officials).."they'll be baaacck" for increases.
Lets all thank Henn, Gardner, Selich, Rosansky, Curry, Webb and
Daigle for a marvelous magic trick of a "sweetheart deal" that will
eventually make all West Newport \ Lido \ Penninsula residents
want to disappear from this area.
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