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Council bucks law director on Teen Challenge
Metro Council ignored a recommendation from the city’s law director and voted down a bill at its meeting Tuesday that would have reversed a zoning change that prompted a Department of Justice investigation.
The 20-15 vote, with three abstaining and two absent, means rehabilitation services, like the one proposed by Teen Challenge, are still not allowed in agricultural districts.
Metro Law Director Sue Cain had encouraged Council to pass the bill as a good faith effort to show Davidson County intends to comply with the federal Fair Housing and Religious Land Use and Institutionalized Persons acts.
The DOJ is investigating whether Metro violated the acts when it altered its zoning code in 2006 to not allow rehabilitation services in those districts, where they had previously been allowed.
The vote was pre-empted by an emotional back-and-forth between Council members.
After the vote, Cain told at-large Councilman Jerry Maynard the federal government could potentially take strict action as a result of Council’s failure to pass the bill on first reading.
“They could freeze our federal education dollars, they could put an injunction on the action that we took,” Maynard said of possible federal government action. “The fact this Council voted against this [bill] can prove further that we intentionally discriminated and intentionally violated the Fair Housing Act.
“I can’t believe with any conscience how any Council members could have voted this down. It’s simply reckless.”
One Council member who asked not to be named said the body was not well-informed about the possible repercussions should it not approve the bill.
The vote comes while the DOJ continues its investigation into Metro’s land use policies as a result of a lawsuit filed by Teen Challenge last year.
Teen Challenge, which is a faith-based ministry providing alcohol and drug rehabilitation services to young people, attempted to buy a home to use as a live-in facility in Goodlettsville. When the neighbors opposed Teen Challenge from moving in, Councilman Rip Ryman altered the zoning code to not allow rehabilitation services in those zones.
Another prominent rehabilitation home, Cumberland Heights, already exists in an AG zone.
Because of the zoning change, Teen Challenge was forced to sell its property at auction, but the group sued Metro claiming it had violated the federal land use acts.
As was first reported by the City Paper, the DOJ launched an investigation into Metro’s land use practices earlier this year as a result of the case.
Metro filed a motion two weeks ago to convert that case into a damages-only trial. Teen Challenge had been seeking $650,000 in damages. Cain said Metro was forced to admit it did violate some aspects of the land use acts when it moved the case into a damages-only trial.
The Metro Council agenda analysis for the bill stated, “the department of law recommends that this ordinance be enacted to restore rehabilitation services as a permitted use in the agricultural districts to show that we are making a good faith effort to comply with the fair housing act.”
Councilman Michael Craddock gave an impassioned speech on the issue, applauding the neighbors who spoke out against the zoning change and Ryman for advocating on behalf of his constituents.
Three individuals spoke out against the bill at its public hearing, saying neighborhoods deserve a say-so on whether rehabilitation facilities come into residential areas. Rehabilitation facilities are already not allowed in every other residential zone.
Craddock contended the federal government shouldn’t meddle in local zoning issues.
“We have to protect neighborhoods,” Craddock said. “I don’t want to expose this government but I want to protect neighborhoods. I’d just as soon not be here.
“My friend Rip Ryman has been ridiculed on this issue and he did his job. He went and watched after his neighborhood and he protected that neighborhood. Quite frankly, he ought to get a medal for it because even then it was not the popular thing to do.”
Mayor Karl Dean’s legislative director Toby Compton said the mayor’s office wants to be in compliance with the law, but did not offer an official stance on the bill.
Ryman said he has a meeting with the DOJ next week on the matter.
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Very pleased that Craddock is looking out for the neighborhoods.I would also like to see a limit on rentals per neighborhood also.
Teen Challenge is a very effective group. Anyone in opposition to what they do needs to re-examine their position.Everybody wants help when it's their loved one that needs help but self-serving politicians try to make a name for themselves by violating federal law even when it means being wreckless. Shame on you.
The council did the right thing. As a note to the author, this was the second reading on the bill.Teen Challenge is NOT all it says it is, Van, in that they except “patients” of any age, and most are well OVER the age of 21. But that is not the issue. The issue is that there is no regulation as to the size or configuration of what type, or the number, of buildings in the AG or AR2a zoning that rehabilitation services could put up, or the number of people they could house.Which means that any rehab services could go into any AG or AR2a area and build any size building, or any number of buildings, no matter what else is around them, and house as many people as they want. Cumberland Heights was established long before the AG and AR2a areas became as populated as they have in the Davidson County area, and those moving to that area know that it is already there, they are not going to wake up one morning to a campus being built next door to them.That rehab services is NOT allowed in any other residential area, would indicate that if Metro violated any Federal law by removing it from an accepted use in AG and AR2a, then they have been violating the law for a LONG time by not allowing it in any other residential zoning area.And, for the record, these “self-serving” politicians were more, MUCH more, concerned about their constituents than they were about their own interest. You should go to a council meeting sometime Van, you might learn a lot about some people that serve THIS community!
Nobody sees an issue with it until somebody decides to put a methadone clinic or group home in their neighborhood.
Nobody has to worry about that, because those are not allowed in any residential neighborhood, which is why this has not been an issue until now. Unless they went into an area zoned for medical, clinical drug rehab clinics didn’t go up in any area but AG and AR2a, which, until recently were sparsely populated.The first bill that past, which the one last night was trying to “undo”, equalized all residential areas to what type of homes are and are not allowed. There was nothing illegal about that.
This is truly amazing how this story is being spun.The Teen Challenge group's desire to put a rehab facility of undetermined size in a residential area was simply what brought awareness to Councilman Ryman and others that Metro was over 20 years behind in setting guidelines for this type of service. It had nothing to do with discrimination, and everything to do with common sense.Currently Metro had absolutely NO definition for the size and scope any rehabilitation facility must meet in order to build. If you have the money and the property you can build one building or 25 and the city can't say anything about it except that the buildings all have sprinklers. This is not a "not in my neighborhood" thing ... this is a "do neighborhoods really have the infrastructure to support a campus of unlimited size" thing.Teen Challenge and any rehab group can be like every other group under the Fair Housing Act and put homes with 8 residents and 2 caregivers in any neighborhood in Davidson County. But isn't it wise for Metro to DEFINE what size a rehab center will be before they allow them to drop willy nilly into any of the dozens of residential areas that have limited ambulance, fire, public transportation and other services already?It would be irresponsible to allow cart blanche and let facilities be any size they want to be just because they are rehab when every condo, apartment, church, school, college must meet specific requirements. Water lines in most of these areas that are AR2A are simply not big enough to battle a single house fire well. Can you imagine what happens with a facility of multiple buildings and uncut field acreage sitting beside dozens of residential homes would be?There is much more to this issue than is being mentioned in the article. The neighbors in the area where this group wanted to put an unregulated campus saw this not just as their issue but as a county wide issue. If Teen Challenge had broken ground the day after they purchased then they'd be there today. Their own failure to do the things they held up as a checklist of metro codes and requirements they would need to meet at a community meeting that their attorney and director PROMISED they would do prior to purchase was their own short sighted roadblock. In their rush, they not only broke their word to a community they said they wanted to be a "good neighbor" to, but they were unable to work out many details with any expediency. The surrounding community didn't know if anything could be done to stop this one campus from being constructed but after being burned by metro at the stake with the filth of a sludge dump that poisoned their creek and neighbors having to buy out that property so they could have a chance at breathing outside in the warmer months or one day again allowing the children back in the creek, they decided to ask for legislation that would stop any other groups from over-burdening as more property went on the market.This was not a North Davidson County issue alone. This is a county wide problem that was finally addressed. Until Metro actually takes the time to put a proper definition in place for what a Residential Rehabilitation Center can be regarding size, it defies all logic and is irresponsible to put them in areas that are residential.This was not about Teen Challenge. This was about intelligent planning for neighborhoods by the city and not by random boards who may or may not take into consideration what is surrounding them when they build. Teen Challenge may be a responsible group, but we all know not everyone with a group name and a plan always are that way. At least now Metro could do the right thing and put definitions in place before wishing they had should a disaster strike because of reckless policies.
Someone should shut Jerry Maynard up! I regret voting for that bozo!
I live on the street where the property was purchased by Teen Challenge. Although we are not in a 'subdivision' type setting, we are definitely not sparsely populated, nor has it been in over 10 years. There is so much more to this story than what will ever be told in a post or news article. Cupasoup definitely has the inside scoop. Revo-lou thank you for pointing out the truth & trying to educate those who only choose to hear/view part of the issue. If you are concerned with this issue, do your due dilligence, just as we did and you will understand why this is a concern to EVERYONE in Davidson County. Also, Wilson & Rutherford County are dealing with similar issues at their borders, near/at Robert Duvall's district.
Jerry Maynard needs rehabilitation at the ballot box next election.
I want you folks to realize there are lots of information about this issue that hasn't come to light yet. First of all, Metro legal with help of outside legal sources, came up with the 1st ord. taking Rehab services out of AR2A. Metro made reasonable accommodations to persons needing future rehab with other legislation and only removed it from AR2A because it was the only residential zone that still allowed it. The citizens of Davidson county overwhelmingly supported this action, as well as several staff members from Cumberland Heights, thus the council vote then and now. Metro Legal approved and was fine with it back then. Metro Legal should do their jobs and fight this, DOJ hasn't found anything that would indicate any violation of the law or discrimination. The "Law Director" claims the Federal Govt is strong arming the city and implying "if you change the ord. back we'll go away".... isn't that extortion??? Why give in when you haven't done anything wrong? There is lots of evidence that metro legal isn't even asking for that would prove a credible defense to these false accusations. Simply turning tail and running and subjecting the citizens of Nashville to the "unknown threat" possibility shouldn't be an option. What lots of people don't understand is Rehab services isn't allowed in any other Residential zone. The reason these groups are wanting to go with the Rehab Services route is so they don't have to conform to a size limit, they can build a campus if they want too including multiple water towers, because of inadequate water pressures in AR2A. If we give into this now, then they will simply HAVE to open the door and allow Rehab services into every Residential neighborhood.... and there are no limitation to size. We as a city cant give in every time a group decides to make false allegations and hide behind the fair housing act, if we do then Metro has no jurisdiction on any zoning issue.Thank You,BLCA
My opinion on this is it looks like Metro Legal doesn't have a clue. What good attorney would ever admit to wrong doing by their client when their client/Boss(metro council, and people of Davidson County) insist they did nothing wrong? Sue Cain should immediately offer her resignation or be fired for submitting any type of compromise without first being 100% sure the council would approve it. How incompetent can one be? Obviously Metro Legal signed off on the first piece of legislation last year taking Rehab out of AR2A, so why the complete 180? It's Metro Legals Job to defend our Metro Council's legislation and the people of Davidson County! Period.
To learn more about Teen Challenge, please visit- "Investigating Teen Challenge" at http://teenchallengecult.blogspot.com/