April 30, 2014 at 12:17 p.m.
ATTIC asks city to allow halfway house as 'reasonable accommodation' to disabled individuals
City Council set to make final decision May 12
ATTIC asks city to allow halfway house as 'reasonable accommodation' to disabled individuals
The City Council had been set to make a decision at its regular monthly meeting on April 14. ATTIC wants to locate a halfway house in a duplex at 835 W. Phillip Street, across the street from West Side Park. The facility would house up to eight male criminal offenders (primarily drug and alcohol related offenses) as they reintegrate into the community.
ATTIC needs city approval because the halfway house, by state statute, is considered a community-based residential facility (CBRF). A CBRF cannot be located within 2,500 feet of another CBRF unless an exemption is granted. There are already two CBRFs located within that radius of the W. Phillip Street address.
The city's planning commission recommended denial of ATTIC's request following a public hearing on April 2. That left the final decision up to the City Council. However, the unexpected legal issue forced the council to table its discussion and vote on the matter April 14. Officials declined to comment on the specifics of the legal issue following the meeting, but a letter from ATTIC's attorney obtained via an open records request provides those details.
The letter is dated April 14 and was sent via email to City Attorney Carrie Miljevich. In the letter ATTIC's attorney, Thomas Godar, asks that the city consider how the proposed halfway house is affected by the requirements of the Americans with Disabilities Act and the Fair Housing Act amendments.
"I would ask that you consider granting (ATTIC) the conditional use permit as a reasonable accommodation to those disabled individuals who would be residing in the proposed CBRF," Godar writes. "Those individuals suffer from and are attempting to recover from alcohol or other drug addiction. Hence, they would be considered disabled under the Americans with Disabilities Act and the Fair Housing Act amendments. The city would have an obligation to provide reasonable accommodation to those who are disabled."
In the letter Godar also refers to other instances in which the city has granted an exemption to allow CBRFs to exist within 2,500 feet of one another. According to the discussion at the April 2 public hearing, there are seven facilities classified as CBRFs in the city limits and the exemption to the 2,500-foot radius rule has only been granted once. That was for Country Terrace and Cumberland Heights. The 835 W. Phillip Street address is within 2,500 feet of both those locations.
ATTIC's CEO, Vicki Trebian, sent a letter to council members prior to the April 14 meeting. In the letter, Trebian claims that the city map presented at the public hearing shows three instances in which an exemption was granted to the 2,500-foot radius rule.
The City Council has had one closed session discussion in which it has conferred with legal counsel about the issues brought up in Godar's letter. That occurred following the council's organizational meeting on April 15, the day after the letter was received. City Administrator Blaine Oborn said a special council meeting is being scheduled for Tuesday so the council can discuss the matter in closed session one more time before making a final decision at the next regular meeting on May 12.
"It's their opinion," Oborn said of the legal points mentioned by ATTIC's attorney. "We'll take it to the council and consider it."
"The special council meeting (scheduled for Tuesday, May 6) is for discussing the issues and helping the council with its decision. When we were looking at it, we thought it would be easier to do that in advance than at (the May 12) meeting. The (May 6) meeting is again to confer with legal counsel, discuss the matter further, and hopefully we will have the council prepared to know all the pros and cons so they can make an informed decision at the (May 12) regular meeting."
Legal issues and state statutes governing CBRFs aside, there has been a large contingent of Rhinelander citizens voicing opposition to the proposed location for the halfway house. More than 80 people attended the public hearing on April 2 and most were against the facility.
The chief concerns mentioned were the location's proximity to a highly-used public park and a neighborhood with many seniors and young families.
ATTIC has been searching for a Rhinelander location for the halfway house for more than a year. The agency was awarded the contract after the state Department of Corrections put out a request for proposals in January 2013 for an intensive criminal rehabilitation program in the Rhinelander area. According to Trebian, it has been difficult finding a suitable site because of the amount of square footage needed - room to house up to eight clients, as well as space for offices and treatment rooms. The 835 W. Phillip Street site meets those space needs, she said.
Kyle Rogers may be reached at [email protected].
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