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	<title>Comments on: City Gives Final Say on Sycamore Assisted Care Facility</title>
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	<link>http://www.decaturmetro.com/2010/01/20/city-gives-final-say-on-sycamore-assisted-care-facility/</link>
	<description>Decatur Georgia News, Events, Atlanta News</description>
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		<title>By: Degreatur</title>
		<link>http://www.decaturmetro.com/2010/01/20/city-gives-final-say-on-sycamore-assisted-care-facility/#comment-27587</link>
		<dc:creator><![CDATA[Degreatur]]></dc:creator>
		<pubDate>Mon, 25 Jan 2010 16:17:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.decaturmetro.com/?p=20705#comment-27587</guid>
		<description><![CDATA[Bigot.  Thanks.  
For raising concerns about a facility which the City Manager herself said in a November conflicted with current zoning laws.  And whether she herself now agrees with that, obviously there are grounds to question whether it fits within current zoning.  But by raising those concerns, I&#039;m a bigot?  
I may be wrong, I may be misinformed, I may not have researched everything about this issue, but I don&#039;t think I&#039;ve said anything here which should label me as a bigot.  I&#039;m just telling people what my understanding is and what my concerns are, with the hope that if I am wrong, someone could correct me without insulting me.
But back to your point, it seems you&#039;re suggesting that because the business or non-profit is for the benefit of a minority group, we can’t enforce zoning laws against them?  If a black man started using his front yard to fix the cars of his friends, who were all black, the zoning laws couldn’t be enforced because this would be discrimination?  
If the city selectively refuses to enforce its zoning laws against certain groups on the basis of race or disability, then won’t other groups who have the zoning laws applied against them be able to argue that this is discrimination?  That zoning laws are applied differently to one group versus another based on their race or disability?  Wouldn&#039;t that be discrimination?]]></description>
		<content:encoded><![CDATA[<p>Bigot.  Thanks.<br />
For raising concerns about a facility which the City Manager herself said in a November conflicted with current zoning laws.  And whether she herself now agrees with that, obviously there are grounds to question whether it fits within current zoning.  But by raising those concerns, I&#8217;m a bigot?<br />
I may be wrong, I may be misinformed, I may not have researched everything about this issue, but I don&#8217;t think I&#8217;ve said anything here which should label me as a bigot.  I&#8217;m just telling people what my understanding is and what my concerns are, with the hope that if I am wrong, someone could correct me without insulting me.<br />
But back to your point, it seems you&#8217;re suggesting that because the business or non-profit is for the benefit of a minority group, we can’t enforce zoning laws against them?  If a black man started using his front yard to fix the cars of his friends, who were all black, the zoning laws couldn’t be enforced because this would be discrimination?<br />
If the city selectively refuses to enforce its zoning laws against certain groups on the basis of race or disability, then won’t other groups who have the zoning laws applied against them be able to argue that this is discrimination?  That zoning laws are applied differently to one group versus another based on their race or disability?  Wouldn&#8217;t that be discrimination?</p>
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		<title>By: DeLesser</title>
		<link>http://www.decaturmetro.com/2010/01/20/city-gives-final-say-on-sycamore-assisted-care-facility/#comment-27434</link>
		<dc:creator><![CDATA[DeLesser]]></dc:creator>
		<pubDate>Sat, 23 Jan 2010 14:59:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.decaturmetro.com/?p=20705#comment-27434</guid>
		<description><![CDATA[&quot;Well, it’s not entirely true that the city has not found that no zoning laws are being violated, and this is why I’m so confused.&quot;

This is a very tricky subject so I can understand how you might lose your way. Let me first offer some tips:

(1) Before you make an assertion, research it. this includes things like Peggy Merriss&#039; statement, the actual zoning code, and literature on mental illness. 
(2) If you are confused, do not say something is &quot;not entirely true.&quot; If you are confused, ask questions. You will learn what you don&#039;t know, and then you can meaningfully contribute to the conversation instead of spreading misinformation about, say, the zoning ordinance.

Now, as for the substance of your comment, you wrote:

&quot;When Peggy Merriss first looked at this issue, she issued a preliminary report that found that the day-use aspect of the Center violated R-60 zoning requirements and the Center was required to cease that portion of its operations in December.&quot;

As you note, it was a preliminary report. I guess you&#039;re not familiar with governmental decision making or legal research, but preliminary reports on the legality of a particular action or decision are issued all the time -- to judges, administrative employees, legislatures. They are issued as a starting ground, to determine what else is needed in order to make the decision. Peggy Merriss essentially shifted the burden of proof to the wellness center to show that the daytime operations were legal. The wellness center did so, and so Peggy&#039;s final decision was modified. This is how good decision making is done: information is gathered, processed, and previous decisions revisted.

Beyond that, though, since you&#039;re so concerned with previous decisions by the city, you should be well aware that the city previously declared the operations at the wellness center to be legal under the zoning ordinance. If Peggy&#039;s preliminary report is relevant, so too is this previous decision, and you should cite it just as you do anything else.

&quot;So, I don’t know if Peggy Merriss’ current decision only speaks to the residential portion of the Center’s work or if she’s changed her mind and decided that the day use can continue. Anyone know?&quot;

If you bothered to read the document issued by Peggy, you would know the answer to this question.

Look, you are obviously a sharp and well-spoken individual. But you are on this website saying things that aren&#039;t true and ignoring any evidence that does not support your own conclusion. Please step back from this situation and see the big picture involved here. Ask yourself whether your own discomfort is worth wasting the State&#039;s money and potentially endangering the wellness center&#039;s mission. 

I imagine that you, like the rest of us, feel that there is much government waste and inefficiency. The actions taken by the neighborhood are an excellent case study: the state funds an organization to provide services, the organization provides them, and the city approves the organization&#039;s presence. So far so good, right? Now the waste: the neighbors complain, and suddenly the time of the city&#039;s staff is wasted writing needless memos, individuals working for the State are replying to requests for information, lawyers become involved, potential for an appeal to the superior court looms. Those who are still complaining and dragging this out are wasting valuable and scarce resources.

And to what end? To deprive someone of their vested property rights. Those rights are fundamental to our country (&quot;life, liberty, and property,&quot; you know?) and cannot be denied without a thorough respect for due process. Time and money are being wasted in order to exclude a use of a property that is not liked by some. Good bureaucracy, brought about by the neighbors of Decatur Heights.

If there are risks associated with the wellness center, those are risks that should be handled on a case by case basis. You can, for example, call the police if you see suspected illegal activity. It&#039;s as simple as that.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Well, it’s not entirely true that the city has not found that no zoning laws are being violated, and this is why I’m so confused.&#8221;</p>
<p>This is a very tricky subject so I can understand how you might lose your way. Let me first offer some tips:</p>
<p>(1) Before you make an assertion, research it. this includes things like Peggy Merriss&#8217; statement, the actual zoning code, and literature on mental illness.<br />
(2) If you are confused, do not say something is &#8220;not entirely true.&#8221; If you are confused, ask questions. You will learn what you don&#8217;t know, and then you can meaningfully contribute to the conversation instead of spreading misinformation about, say, the zoning ordinance.</p>
<p>Now, as for the substance of your comment, you wrote:</p>
<p>&#8220;When Peggy Merriss first looked at this issue, she issued a preliminary report that found that the day-use aspect of the Center violated R-60 zoning requirements and the Center was required to cease that portion of its operations in December.&#8221;</p>
<p>As you note, it was a preliminary report. I guess you&#8217;re not familiar with governmental decision making or legal research, but preliminary reports on the legality of a particular action or decision are issued all the time &#8212; to judges, administrative employees, legislatures. They are issued as a starting ground, to determine what else is needed in order to make the decision. Peggy Merriss essentially shifted the burden of proof to the wellness center to show that the daytime operations were legal. The wellness center did so, and so Peggy&#8217;s final decision was modified. This is how good decision making is done: information is gathered, processed, and previous decisions revisted.</p>
<p>Beyond that, though, since you&#8217;re so concerned with previous decisions by the city, you should be well aware that the city previously declared the operations at the wellness center to be legal under the zoning ordinance. If Peggy&#8217;s preliminary report is relevant, so too is this previous decision, and you should cite it just as you do anything else.</p>
<p>&#8220;So, I don’t know if Peggy Merriss’ current decision only speaks to the residential portion of the Center’s work or if she’s changed her mind and decided that the day use can continue. Anyone know?&#8221;</p>
<p>If you bothered to read the document issued by Peggy, you would know the answer to this question.</p>
<p>Look, you are obviously a sharp and well-spoken individual. But you are on this website saying things that aren&#8217;t true and ignoring any evidence that does not support your own conclusion. Please step back from this situation and see the big picture involved here. Ask yourself whether your own discomfort is worth wasting the State&#8217;s money and potentially endangering the wellness center&#8217;s mission. </p>
<p>I imagine that you, like the rest of us, feel that there is much government waste and inefficiency. The actions taken by the neighborhood are an excellent case study: the state funds an organization to provide services, the organization provides them, and the city approves the organization&#8217;s presence. So far so good, right? Now the waste: the neighbors complain, and suddenly the time of the city&#8217;s staff is wasted writing needless memos, individuals working for the State are replying to requests for information, lawyers become involved, potential for an appeal to the superior court looms. Those who are still complaining and dragging this out are wasting valuable and scarce resources.</p>
<p>And to what end? To deprive someone of their vested property rights. Those rights are fundamental to our country (&#8220;life, liberty, and property,&#8221; you know?) and cannot be denied without a thorough respect for due process. Time and money are being wasted in order to exclude a use of a property that is not liked by some. Good bureaucracy, brought about by the neighbors of Decatur Heights.</p>
<p>If there are risks associated with the wellness center, those are risks that should be handled on a case by case basis. You can, for example, call the police if you see suspected illegal activity. It&#8217;s as simple as that.</p>
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		<title>By: MoonCat</title>
		<link>http://www.decaturmetro.com/2010/01/20/city-gives-final-say-on-sycamore-assisted-care-facility/#comment-27362</link>
		<dc:creator><![CDATA[MoonCat]]></dc:creator>
		<pubDate>Fri, 22 Jan 2010 17:19:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.decaturmetro.com/?p=20705#comment-27362</guid>
		<description><![CDATA[Thank you for pointing this out Nelliebelle1197!!!]]></description>
		<content:encoded><![CDATA[<p>Thank you for pointing this out Nelliebelle1197!!!</p>
]]></content:encoded>
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		<title>By: Rebecca</title>
		<link>http://www.decaturmetro.com/2010/01/20/city-gives-final-say-on-sycamore-assisted-care-facility/#comment-27361</link>
		<dc:creator><![CDATA[Rebecca]]></dc:creator>
		<pubDate>Fri, 22 Jan 2010 17:17:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.decaturmetro.com/?p=20705#comment-27361</guid>
		<description><![CDATA[I live in this community.  While I do care for the home being there, if it is within its legal rights to stay the way it is functioning, then so be it.  If they are functioning at a different capacity then what the zoning rules state, then either the rules need to be altered, or the use of the home needs to be altered.  I did not notice it much until the day use began, and now I do.  I do think having this type of facility in a neighborhood with many children is not the very best idea.  Certainly there are other more commercial and just as easily accessible properties where this facility can be housed.  Again, if it is being used legally for the purpose it is being used, then it should be allowed to stay, regardless of how I feel.]]></description>
		<content:encoded><![CDATA[<p>I live in this community.  While I do care for the home being there, if it is within its legal rights to stay the way it is functioning, then so be it.  If they are functioning at a different capacity then what the zoning rules state, then either the rules need to be altered, or the use of the home needs to be altered.  I did not notice it much until the day use began, and now I do.  I do think having this type of facility in a neighborhood with many children is not the very best idea.  Certainly there are other more commercial and just as easily accessible properties where this facility can be housed.  Again, if it is being used legally for the purpose it is being used, then it should be allowed to stay, regardless of how I feel.</p>
]]></content:encoded>
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		<title>By: MoonCat</title>
		<link>http://www.decaturmetro.com/2010/01/20/city-gives-final-say-on-sycamore-assisted-care-facility/#comment-27359</link>
		<dc:creator><![CDATA[MoonCat]]></dc:creator>
		<pubDate>Fri, 22 Jan 2010 17:14:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.decaturmetro.com/?p=20705#comment-27359</guid>
		<description><![CDATA[Thank you DeLesser!!!]]></description>
		<content:encoded><![CDATA[<p>Thank you DeLesser!!!</p>
]]></content:encoded>
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