Carroll County, MD Carroll County Board of Zoning Appeals, 31 Aug 2022

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From YouTube: Board of Zoning Appeals, Afternoon of August 31, 2022

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https://www.carrollcountymd.gov

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We call the bza meeting to order here this afternoon before we get started.

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I hope you guys are better listeners in the crowd this morning. Please leave by the same entrance.

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That you came in and turn your ids in. There were several people that didn't do that, so they had.

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To scan the entire building, so I don't want you to be a subject of that. Please, if you have any.

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Electronic devices put those on vibrate or silence. If you haven't signed in on the clipboard on the.

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Side make sure you do that before you leave today uh at some point in time I'll ask you.

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To stand, if you plan on being a witness here today, so that you can take the oath but that'll be after.

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Mr dixon uh introduces the file so with that, mr dixon, could you introduce the file for us? Please.

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All right k-6404, an application for conditional use for an assisted living, 10-bed community.

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Recovery center and multiple variances, the site is located at 829 franklin avenue, westminster.

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Maryland on property zone or ten thousand residential district and election district.

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Seven by mulligan recovery, centers llc code of public local laws and ordinances, section 158.074.

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158.075 0.01 158.075.03 a and 158.075.03 b4 a site visit was done on wednesday july 20th 2022.

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And to follow this matter, we have the following documents:.

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And august 28 2022 letter came in today from a brian, daniel and lillian clandano.

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It says uh place in the mulligan recovery center in my neighborhood has already been.

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Contrary to the public interest of my community and has already created an unwarranted hardship.

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On my community, my wife and I are adamantly opposed to the approval of increasing the.

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Capacity of this commercial enterprise and causing increased hardship of my community.

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This property is being used for a very specific purpose and how that usage is still considered.

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Residential makes no sense to us. There is a july 21st 2022 letter from roberta.

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J windham uh esquire county administrator to concern residents. It's a two-page document.

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It says: assisted living facilities with up to eight beds are permitted.

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By county code as a principal permitted use, which means that there are no approvals or.

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Permissions required from the county, this conforms to state law for small group homes.

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Assisted living facilities, with more than eight beds, are conditional use by county code, which.

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Means that they must be approved by the board of zoning appeals hearing, that is the hearing.

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That is scheduled for today, and the only thing the bza will be determining is that.

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The allowance of the inc of increasing the number of beds from eight to ten, the county.

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Has no authority to prevent the group home as it is specifically allowed by state law if the.

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Bza turns down the application. The group home will be allowed to continue to operate with eight beds.

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It is important that the bezier hears testimony from citizens on these situations. As you noted.

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The case was scheduled to be heard on july 26. However, we just learned.

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That the hearing was postponed to the day new hearing notices will be mailed.

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There's an email july, 21st 2022 from.

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All right, there is a email from.

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um Someone ridgely to the commissioners and it was directed to the commissioners.

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Bottom line, our neighborhood has experienced several unfortunate trans transgression.

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Situations due to mismanagement of these group homes, which will not be tolerated, we.

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Have already experienced an increase in water sewer, trash usage, potentially increasing our.

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Bills, increased traffic vehicle and foot and concerns for the safety of our homes.

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It is a july 17, 2022 letter from it's like scott hamlin. It's handwritten three pages.

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Says that these homes are no good for the community.

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They bring crime, drugs, addiction to our yards, etc. Homes, please keep them far away from us.

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Also, keep out of fairfield community also.

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All right there's a email from a jamie meter.

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July 20th 2022 one page longtime resident of fair fairfield neighborhood of westminster.

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Bottom line, our neighborhood has experienced several unfortunate transgression situations due.

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To mismanagement of these group homes, which will not be tolerated, we have already experienced an.

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Increase in water sewer, trash usage, potentially increasing our bills, increased traffic vehicle.

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And foot and concerns for the safety of our home property and children, as we don't know,.

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Who the occupants are or if they have criminal records associated with their substance, abuse.

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There's a july 21st 2022 email from melissa, nagel.

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It's got that same paragraph with bottom line.

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All right, there's a email from july 21st, 2022, email from keith and stephanie burke.

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Presently uh we, the burke family, lived directly across the street from one of these all male.

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Homes, we have a three-year-old son who dearly loves to play outside, but we find ourselves.

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Constantly restricting the time we allow him to spend in our front yard, due to fear for his safety.

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We are personally witnessed a rotating pool of residents at this particular home with visitors.

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Coming at all hours of the night to this location, we don't know who the occupants and visitors are.

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Or if they have criminal records associated with their substance abuse, however, we are. We.

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Have observed that many wear ankle bracelets that seem to indicate some type of criminal history.

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Something that is obviously very concerning for a young family like us. Additionally, our.

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Entire neighborhood has experienced several unfortunate transgression situations due.

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To mismanagement of these group homes, we have collectively experienced an increase in water.

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Sewer trash usage, increasing our bills and the traffic vehicle and foot on our street.

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There's a july 20th 2022 email from seth reese got the same paragraph bottom line our neighborhood.

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There is a july 20th 2022 email from yvonne zaminski.

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Same paragraph bottom line, our neighborhood has experienced several all right. There's a.

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There's a july 21st 2022 member from dixie iams.

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I am, I am a compassionate person, but with these recovery centers, along with two homes,.

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For older people needing assistance and a home for the physically challenged, I.

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Feel our community is already doing enough for carroll county community.

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I'm against the proposed zoning requests for 829 franklin avenue k-6404. I have a concern about the.

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Traffic the parking and how the clients will be supervised. I also have a concern on how these.

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Facilities will affect my property value. There's a 20th 2022 email from elaine bine.

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It's a one-page email.

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Neighbors have voiced concerns about excess noise, screaming dishes breaking cars, trolling.

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The area, obscenities, disproportionate frequency of ambulance calls one as.

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Recent, as yesterday evening, drug sales on the streets eroding safety are children who live.

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In close proximity to recovering addicts, some of whom may have criminal records.

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uh There's a july 25th 2022 email from james brondike. He owns a home on fairfield avenue.

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In westminster, this is one of the nicest and most stable neighborhoods in westminster near.

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Carroll hospital recently, a corporate real estate investment company has quietly purchased several.

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Homes in our neighborhood and is leasing them to a drug and alcohol rehab management company.

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The house immediately behind me currently has a zoning request for 10 adult men in rehab to.

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Occupy the property, please don't let this happen, there's an email from a rick dorsey july 25th 2022.

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Says see: justin uh reddy's response letter.

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There's a july 22nd 2022 email from a jonathan hammett.

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He moved to westminster, 2018 . again, with these people share my values and visions for.

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My life and family, as my current neighbors do. This does not even take into account that the.

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Average addict will take five times to achieve sobriety in their recovery path.

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If they choose to end their sobriety while living in our neighborhood, that makes all.

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Neighbors homes more susceptible to helping those people find the means to acquire their next fix.

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There's an email from ace susan torque pay he's a resident and homeowner in westminster.

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Lived there for the last 16 years.

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First of all know: how can our government and community recovery groups continue continuously.

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Purchase homes in the same neighborhood, especially without the knowledge and voting of the owners.

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This is america and we should get to vote. I have nothing against individuals who have a.

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Disease reestablishing themselves, however, this does could bring many issues of concern to the.

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Community altercations, violence guns, harm to children but, most importantly, is home depreciation.

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There's a august 15 2022 email from p ridgely as concerned constituents.

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Of yours, I am asking for you to take the time to read my attached letter.

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Concerning my neighborhood of fairfield being overwhelmed with drug and alcohol, rehab homes.

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We have, we have already experienced an increase of water, sewer and trash usage and increase car.

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Traffic, where cars parked up and down the street due to small driveway areas, there's also an.

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Increase in foot traffic, where people walking the neighborhood and littering I have noticed.

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An increase in cigarette butts in my front yard when mowing that I never had issues with before.

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I again ask for your support to oppose these zoning changes and to join us in stopping any.

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Further advancement of these facilities in the fairfield fairfield neighborhood of westminster.

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Peggy rigsley.

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There's an email august, 17 2022 from rick dorsey to the board.

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And and just the past ten port 10 and a half months, an additional three homes have been.

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Bought by b elite properties, llc out of hanover pennsylvania and then sublease to.

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Mulligan treatment, centers llc, these houses that mulligan treatment, centers llc is subleasing- are.

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Extensions of their substance abuse treatment, center business located on main street in.

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Order to house their patient population overnight. Additionally, we have had some concerning criminal.

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Activity related to these business establishments operating here with two recent arrests happening.

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In just the past two weeks, not to mention ambulatory calls that are a regular occurrence.

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He cites an article that I mentioned some studies.

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Their research found that homes located within an eighth of a mile from a treatment center.

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On average had an eight percent drop in value when stacked up against comparable homes that.

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Are farther away, the discount is magnified even more when the treatment centers are for.

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Those that specifically treat opiate addiction, which includes addictions to heroin or morphine.

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In those cases, home values are reduced by up to 17 percent researchers found.

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There is an email from carol sullivan.

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Disability for a business to operate as many houses as they want, wherever they.

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Want is completely disrespectful to the community. This is not acceptable.

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As is the behavior of some of their tenants, this is very wrong.

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To whom it may concern a typewritten letter.

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Came on august 29 2022.. We do not need any more of this coming into our neighborhoods.

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I moved from baltimore county to get away from the immediate danger of drugs and crime, not to.

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Have it moved right into my neighborhood, we as your constituents, we expect and demand common.

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Sense zoning practices to be adopted, county-wide for neighborhoods like ours without hoas and the.

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Safety of group home patients, as well as for the existing homeowners who live in these communities,.

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To come, first, we look forward to gaining your understanding of our situation and your support.

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On this issue concerned constituents and outrage homeowners of the fairfield and.

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Alta vista development subdivisions westminster maryland, there is a august 22nd 2022 letter from.

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Delegate april rose chairwoman, carroll county house delegation, she's writing to.

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Requests that your opposition to k-6404, to be heard at a public hearing with the bza.

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Applicant mulligan recovery, centers llc, intends to repurpose a brick rambler located at 829.

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Franklin avenue into an assisted living 10-bed at dixon's recovery center. This property is.

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Owned residential and not intended for business use for such addictions, sober houses already.

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Operate in the fairfield community, if approved, there will be five sector facilities in this.

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Community to say folks, living there are worried, scared and on edge, would be an understatement.

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My office has received numerous emails of late from residents.

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Of the fairfield community stating their strong opposition to mulligan's endeavor.

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They are uneasy with the intent of this facility and it's less than desirable.

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Impact impact on their stable, established and secure place in rural carroll, county.

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Increase traffic on foot and cars coming and going at all hours, a potential for disruptions and drug.

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Deals, their children's welfare substance, abuse issues, overdoses and whether or not the inpatients.

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Have criminal backgrounds top a list of growing concerns? Decreased property values are imminent.

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All right, then, there's a uh notes about the site visit from the board members. There's a.

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July 21st 2022 letter from derek j baumgardner for attorney for mulligan recovery to the board.

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It's a letter received july 25th 2022 from senator justin ready.

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um This group of residents have expressed concern about an aggressive property management, firm.

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Based out of pennsylvania b elite properties, llc incorporated in pa in october 2019 that.

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Is purchasing homes and then contracting with westminster, base mulligan recovery center llc.

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A sober living recovery center to establish drug substance abuse recovery center group homes in.

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Their neighborhood, the two entities, have purchased two properties from september 2021 to march 2022.

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And converted them from single-family dwelling to corporate-owned sober living substance, abuse.

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Recovery center group homes in our neighborhood, this was done without the community without the.

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Communities knowledge. The group is now in the process of buying and setting up a third.

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Sober living home in our neighborhood with the settlement date scheduled for august 1st 2022.

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The residents are concerned with the number of group homes in their community and their.

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Negative impact, their concerns are not just aesthetic but include an increase in water.

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Sewer trash usage, increased traffic vehicle and foot and concerns for the safety of their.

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Homes, property and children as the occupants change frequently, and it is, and it is unknown.

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Are if they have criminal records associated with their substance, abuse.

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There's a july 22nd 2022.

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Letter received from the letters dated july 14 2022 was received july 22nd 2022 from lynn, foreman.

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There's already a woman's recovery house on 803 david avenue, close enough for the men and women to.

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Hang out together just recently that house had an overdose in their backyard and the woman died. Ask.

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Yourself, would you want several recovery houses in your neighborhood? Let's remember: there's already.

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One recovery house on 803, 803, david avenue and the mulligan van has been spotted on spotted at.

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Another recently bought house at on 744 david avenue across from the women's recovery house.

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uh With that comes crime, theft, where it's convenient, which would be nearby houses faster.

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Traffic through the streets with non-concerned drivers and drug sales and drug use right next.

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Door, this is not the environment they brought into, and not a good one for raising children. Long term.

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This is july 14 2022 letter from a theodore foreman.

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This is a residential neighborhood and it should be, it should not be turned into a.

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Commercial enterprise for mulligan recovery services- they may profit from it, but the.

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Homeowners around will lose property value at a minimum and potentially much.

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More should a resident start using again, which is likely to happen.

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There's a july 21st 2022 letter from.

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Derek j baumgardner attorney for mulligan recovery to the board.

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There's a received july 20th 2022 letter from craig opat.

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See based on the application documents, the facility is to.

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Be considered an assisted living facility per j-voice zoning administrator. The facility should be considered a level three assisted.

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Living facility, because dispute resolution among the facility residents should be anticipated.

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The board should be assured by the applicant that the facility will.

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Be brought into code conformance for level three assisted living facility.

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The neighborhood has several existing group homes, one of which is a good neighbor, the others not so.

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Much frankly, we wouldn't be having this issue if the existing facilities were good, neighbors.

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I believe that the neighborhood of the proposed property and future similar properties would like.

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To have good neighbors and be good neighbors. To this extent, I have proposed a dispute resolution.

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Process to facilitate neighborliness as an attachment, an action request that I recommend that.

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The board deny the petition before it, based before it, based on the inadequacy of the application.

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Oh, that document has four attachments.

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All right, there is a response to joe vance's request to bear state and local agencies from.

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Abigail rogers a comprehensive planner. She states in a july 15 2022 memo that the above reference.

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Bza case has been reviewed for consistency with the policies and recommendations contained in.

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The 2014 carroll county master plan, as amended in 2019 the 2009 westminster comprehensive plan as.

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Amended in 2014, the carroll county, water and sewer master plan and other functional plans.

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The staff finding is that this request is consistent with the 2009 westminster, comprehensive.

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Plan as amended in 2014 and will not have an adverse effect on the current use of the property.

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There's a july 14 2022 letter from linda eisenberg secretary to the planning commission to the board.

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After having reviewed the information contained in the attached analysis, the facts as presented.

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In the application, the relevant portions of the plan and in accordance with the provisions in.

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The land use article this conditional use request if granted is consistent with the.

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Policies: timing of the implementation of the plan, timing and development timing of.

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Rezoning development patterns, land uses and densities or intensities. Thank you.

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There is a response to joe vance's request of various state and local.

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Agencies from thomas harris permits and inspections, a change of use permit for.

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The change of occupancy classification from residential r3 to residential r4.

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Notice, the public hearing for this case was in the newspaper.

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There is a response to joe vance's request of various state and local agencies from jay voigt.

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Zoning administrator property is a group home currently in, though no previous approval were.

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Needed once the population exceeds eight persons, it then becomes an assisted living facility.

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There is a response to joe vance's request to various state and local.

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Agencies for matt, shipley carroll, county environmental health department, no comments.

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There is a response to joe vance's request to various state and local agencies from lord janet.

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Old mayor bureau, chief resource management, no comments, hearing notice was posted by scott.

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Robinson on june 29 2022 zoning inspector, there is a response to joe vance's request to state.

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And local agencies from jp smith, jr program manager ag land preservation program. This.

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Property is not in ag preservation. This office has no comments at the of this time. There is a.

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Response to joe vance's request to various state and local agencies from laura matteus bureau.

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Chief development review, a site plan shall be processed in accordance with chapter 155.

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Then we have the application.

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I would ask that the file be entered into evidence. We have a second.

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I'll lose in favor of moving the follow-on to evidence, say aye aye, all those no.

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The motion carries before we get started. There's a lot of.

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Faces out there that have never been before this board, and let me attempt.

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And the key word here is attempt to tell you the procedure that we're going to follow here today.

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uh The applicant in this case will have their opportunity to give an opening statement both.

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Attorneys will have the opportunity to give an opening statement. uh Then the applicant will.

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Call witnesses I'm assuming and after each one of those witnesses are finished with their testimony.

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You can go to the microphone and pay particular attention to this. You can ask them questions of.

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Their testimony, I promise you there will be an opportunity for you to give your own testimony.

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Later in the process, so after the applicant is is through with their witnesses. I don't know whether.

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Mr lazariaga is going to have any witnesses or not. uh The same process goes there uh well as.

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Is what the applicant's attorney went through and like? I said after that, I promise you you.

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Will get the opportunity to give your testimony so when you go to the microphone after any of these.

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People testify, please questions are testimony. Only okay it'll help the process speed along before we.

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Get started if you plan on testifying here today. Could you please stand and raise your right hand.

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So if anybody else going once twice, okay, do you swear affirm under penalties of perjury.

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That the testimony you're about to give is the truth, the whole truth and nothing but the truth.

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Very good, you may be seated the other thing before you speak into the microphone. I would.

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Ask that you and I'll remind you uh state your name, your address your occupation and spell for.

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The record your last name, I'm assuming you're, mr bumgardner, that's correct, mr chair. Okay. I got that.

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Out of the listening to the the introduction of the file- yes, sir, mr baumgartner, you can begin by.

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uh Giving opening statements and then we'll allow mr lazariaga to give his opening statements and.

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Then you can call witnesses. Thank you, mr chairman, good afternoon, mr chairman and members of the.

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Board, my name is derek baumgartner from the law firm of whiteford taylor and preston. uh I grew.

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Up in carroll county, it's a pleasure to be back before you today um it it's nice to come home.

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For the record, your last name, I'm sorry, it's b-a-u-m-g-a-r-d-n-e-r.

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I'm joined here by helen and brian mccall, who are the owners and operators.

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Of mulligan recovery centers, we have five witnesses for you today, two of which are.

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The owners and operators, three of which are under other individuals, there may be.

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One or two individuals who would like to provide testimony uh during the community.

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Presentation as well I like to start by, if I may, mr chairman, I have a legal memorandum. I.

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Like to hang out bye, um okay and go, you want to enter those as as evidenced hindens who's. He and.

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Mr lizariago, a copy of that and then uh give mr dixon copies and he can label those as exhibits.

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Mr chair, he gave me a copy before the hearing. Okay, very good board members.

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Without interrupting uh mr baumgarner, if the board uh would like a formal response to this in writing,.

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I simply ask that I'd be given the opportunity to provide it since this just came to me today, I.

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Think we'll be able to present sufficient facts and evidence and arguments during the case. But.

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If the board wants a formal response to this, I just ask that you give me time to file it. Okay,.

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Now, mr chairman, uh what I've just handed up is a legal memorandum. It simply contains.

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The basic information with regards to the application, the conditional use standards.

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The variance standards- I don't think it's a proper, exhibit it's merely legal argument.

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And certainly I would have no objection at all to mr lizariaga being given the.

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Opportunity to submit something in writing and respect in response to that memorandum.

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We we will. Mr dixon is going to label that and we will accept that into evidence. Thank you, sir.

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Mr chairman and members of the board, we are here today to request a conditional use for this.

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Assisted living facility and associated variances um for the structure and the building itself.

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The property is currently operated as a community home for up to eight persons.

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As one of the letters from uh that that is contained in the record stated, that is a.

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Permitted buy right use, so this property is currently operated under proper permits and.

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Proper licensures, which we will induce via testimony shortly, the only thing.

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That is subject to this particular hearing is increasing, that use from eight beds to ten beds.

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um This community home, as it currently operates, and as it.

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Will operate is housing persons who are recovering from alcohol and drug addiction.

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I would be remiss if I did not note that today is actually national overdose awareness day. It is a.

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Fitting um fact that today we take to honor those folks who have uh who have passed away from drug.

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Addiction, and that is recognized by carroll county, as well as the governor of the state of maryland.

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First and foremost, this is a residential use of property.

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Carroll county regulates community group homes and assisted living facilities as a.

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Residential, they are not commercial they're, not industrial. They are residential uses of property.

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State and federal law protect residential treatment, centers.

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And all of their varieties from discrimination.

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Based upon the americans with disabilities act as well as the fair housing act, it's important.

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To note that we're here today not to permit a detox center not to permit a drug clinic or.

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Anything of the like this is a residential home being used for residential purposes.

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I also want to point out very briefly that there seems to be a bit of a conflict between state law and the carroll county code.

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Under state law, these types of facilities are permitted in what are called small or large group.

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Homes, large group homes can be up to 16 persons. We are only requesting 10 under this application.

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Through the testimony here today from helen and brian mccall, who are the owners and.

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Operators of mulligan, you will hear about this property being used in this company as being an.

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Incredibly, well-managed well thought out integral community service that is sorely needed in the.

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Carroll county area: this is not a fly-by-night operation. This is not a large corporate company.

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As I mentioned, this is not a detox center. This is not a methadone clinic. That is not the use.

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Of the property, it is not what we are requesting here today. In fact, what we'll hear today through.

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Testimony is that this particular property will offer what's called a level 3.1 service.

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Level 3.1 is one of the last steps before folks are reintegrated back into the community.

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You will hear this from our witnesses. um These are individuals who have successfully completed.

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The more intensive therapies and treatments and are they need a place to lay their heads.

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For a couple months before they return to their homes, they return to their jobs.

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In preparing for this hearing, I spoke with a number of people in the addiction treatment.

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Community- and I just want to very briefly, provide three statements: three quotations.

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That I I heard when preparing for this hearing today, and I quote referring to.

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Mulligan recovery centers, they are thankful, humble generous and giving people they care.

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Another person had said I would send my mother to mulligan if she needed this type of care.

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And lastly, they are so unique in the type of care that they provide. It's continuous, loving support.

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Very quickly, I did want to put on the record that I had reached out to mr voigt, the the.

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Zoning administrator to inquire with regard to the ability to request a reasonable accommodation.

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Under the ada and the fair housing act to increase the number of beds from eight until 10.

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I was instructed that we should proceed with this conditional use process which.

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We were happy to do. I did. I just simply want to put that on the record, and I.

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Will after this hearing, I hope to speak with mr voigt again about the process for.

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Requesting a reasonable accommodation under federal law for future services.

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With that, I would like to call my first witness if the chairman agrees wait a minute.

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We'll we'll allow mr lazariaga to make his opening comments. Yes, sir, if if he would like.

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Yes, thank you, mr chair. I appreciate that um good afternoon. Members of the board, I know.

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You already had a busy morning and it looks like you're gonna have a busy afternoon, so I will try.

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And be quick, but you all know, that's not my best uh best attribute um in this particular instance.

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I want to point out for the board's edification at this stage before the applicant puts on their.

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Case I agree with mr baumgardner who, by the way he and I were in the same confirmation class at great.

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Grace lutheran, so I can verify he's from carroll county, even though we you know, don't see him often.

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um The application is for a conditional use and the variance that is an imperative distinction.

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But actually four variances, but that's an imperative distinction. This this board makes.

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Because normally conditional use under schultz versus pritz, which you guys can do in your sleep,.

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Starts with the presumption that it's it's good, it's a good use if you need a variance to get.

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To the conditional use, the favored status of the use is gone, that is by case law in the state of.

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Maryland two specific cases that I will refer to later on, most particularly cromwell versus ward.

D

That's a 1995 court of special appeals decision. Mr dixon, that's reported at 102 maryland app 691.

D

And then a case that came right after that, on the heels of it chester, haven, beach, partnership.

D

Versus board of appeals for queen anne's county, that's a 95 court of special appeals decision.

D

Report at 103 maryland 324, so those basically stand for the proposition when read in tandem.

D

The variance process, if you need it for a conditional use, comes first.

D

The process for the variance is, is the lot where the property where the use is sought. Is it unique.

D

In attributes that are unique to itself different from anywhere else in the zone or.

D

The neighborhood due to geography, topography, water, mineral rights, anything like that.

D

And is that uniqueness to the disadvantage of the applicant, to the point where the code.

D

Applies to them differently than everybody else in the area. I think, after you hear the.

D

Close of the evidence in this case you'll find that's simply not the fact. The subject parcel.

D

In this case is in a platted subdivision is not different from anybody else. So if you cannot meet.

D

The uniqueness test, the variance analysis, ends if you need a variance to get a conditional use and.

D

The variance fails, the conditional use fails as a matter of law under the second case that I cited.

D

I probably should have been more forward with whom I represent. You folks all know me, and I.

D

Haven't spelled my name for the record, I'm matthew, lazariaga, that's l-u-z-u-r-I-a-g-a,.

D

My three clients, despite the number of people in this room, are katie townsley to my left. Your.

D

Right rick dorsey you've heard about two letters that he wrote that have made it into the record.

D

At this part, he's seated in the audience and a lady named cecilia alcorn who's. Unfortunately,.

D

Not present here today, the three of them have whether by hook or by crook, become the head of.

D

The fairfield neighborhood organization- it's not a formal hoa, it's not an entity, but they have.

D

Volunteered their time and efforts to coordinate the opposition to the instant application.

D

um So certainly the room is filled with plenty of people who are aligned with them in terms of.

D

Their ultimate desire that this application not be granted, but I do want to make that.

D

Distinction, I do not represent everybody in this room. The reason I want to say that, in light of.

D

Some of the comments that have made it into the record is: I do not want anything that might be.

D

Seen as this board is potentially incendiary, or maybe just a fundamental misunderstanding,.

D

Of the term commercial, when used in zoning versus everyday parlance, you folks see more than anybody.

D

Else, the number of people who are surprised that a business that can actually take money out of.

D

Their operations can operate lawfully within residential districts, so some of the things.

D

That have made it into the record reflect the lack of public understanding on that. So I think.

D

What you will hear from my witnesses directly and the evidence that I'm able to induce through the.

D

Applicant's witnesses are that not only can they not meet the variant standard but say for the sake.

D

Of argument and there's one or two creative ones to be made here under state and federal law that.

D

You don't need variances, I think, based on the evidence that you will hear in this case the.

D

Conditions that you're required to evaluate under the county's code, the 11 enumerated conditions.

D

You will be satisfied that this conditional use application even fails. The schultz versus print.

D

Standard in this particular neighborhood, so I ask you to keep those ideas in mind and I wish.

D

You the best of luck with the patients and all that you're going to hear in this moving forward.

A

Thank you, mr bumgardner. You like to call your first witness. Thank you.

C

Mr chairman, the applicant will call helen mccall.

A

Before you get started, you did take the event. I did okay, very good.

A

Please state your name address occupation and spell for the record your last name.

E

um My full name is helen mccall mccall. My occupation is vice president of operations.

E

Of mulligan recovery, centers co-owner and the address of the business is 299 east main street.

E

Westminster maryland 21157. Thank you. Thank you. Miss mccall. Please describe your role.

C

At mulligan recovery, centers, so I'll have a title of vice president of operations. um What what that.

E

Means is, I help all the business and run smooth. I make sure that all of our policies and procedures.

E

Are up to par that we are in compliance with all of our regulations, all county regulations.

E

Codes, fire inspections, the state licensures and accounting financial billing medicaid and.

E

uh Just the normal day-to-day operations for our business, how many folks work at mulligan, total 21.

C

And how long have you worked in this field? So I've been in this field about four years, however,.

E

um My personal experience is what brought me to this. I've been in recovery myself for 15 years. I.

E

Got clean and sober in carroll county back in 2007 and um from the same type of facility. Actually it.

E

Was it was in baltimore county and I moved here? It was right across the line and that has been what.

E

um Pushed me and gave me such you know, ambition to continue helping people.

E

In this industry, after the filing of this application, did you make any efforts to reach.

C

Out to the community about the application, we did um twice, we handed out personal flyers and.

E

We had it, we invited the community for an open house, we had beverages and a wide open house. We.

E

Wanted people to just come in and take a look, take a tour. Please open up questions answers. We.

E

Wanted to try to like resolve a lot of you know, maybe misinformation or accusations or stigma.

E

That's out there against recovery houses and sober homes, because there are, there is a stigma.

E

And there are some that are not opera operated properly. However, not one person showed up and.

C

The community open house was originally scheduled. It was postponed the first time correct, yes, and it.

C

Was rescheduled for the following friday? Yes, and, as you just stated, um no folks from the community.

C

Showed up at that community open house correct, correct! No one showed up on the first one, either.

C

I'm going to show you what's been marked as petitioners exhibit one. Can you please.

C

Identify that exhibit, for the record, uh looks like it's. A satellite map of the neighborhood.

C

And also because they're in tandem, mr chairman, I'm going to ask you to.

C

Identify what's been marked, as petitioners exhibit two. uh This looks like a more earth.

E

View of the property with that identifies the swimming pool at the property.

C

The chairman, if you allow me to approach.

A

You want to enter those as evidence. Okay, you have. I don't have an objection. The only clarification I.

D

Ask for mr uh dixon is, I think his memo is already exhibit one. So are these gonna be two and three.

B

I'm not going to make that that's not going to be an exhibit. That's just jared indicated.

D

It was going to be an exhibit well just to make it easy. That's just a legal memorandum.

B

We're not going to make that, so we don't need okay, so this will be one and two.

A

And we'll accept those into evidence. Thank you, mr chairman, and members of the board.

C

These are simply google maps. The first is a broader view showing the the community in.

C

Context what's around it, uh the second is merely a satellite view of the same image.

C

um Drilled down a little bit to show the property, the contours, just just to give the board members.

C

um An idea of the community and the neighborhood.

C

I miss mccall what is 829 franklin avenue currently being used as.

E

A women's uh 3.1 level of care substance use disorder, recovery, home community based.

C

I'm going to show you what I've marked as exhibit number three: can you identify that.

C

Exhibit please yes, this is a copy of our our state licensure. That shows that we have been.

E

State licensed and which goes based off of car for accreditation for um the eight bed for 3.1.

E

Level of care, mr chairman, I would request that that's to be admitted, okay, no objection.

A

And we'll accept that into evidence.

C

Thank you, mr chairman,.

C

And miss mccall with regard to this particular property, 829, franklin avenue: why did you choose.

C

To locate here well we did so we didn't choose it. It kind of so I'm a strong believer of like.

E

My higher power, and so I feel, like my higher power kind of brought this community to us.

E

Because we've been a huge, my husband and I have been a huge um uh staple I'll say in the in the.

E

Carroll county community, starting with you, know, just getting clean and sober here and rebuilding.

E

Our own lives and with drug court- and um you know uh the health department we have and other.

E

You know, entities that we've been a huge part of um during our entire 15 years of recovery, and so.

E

When we went into this three years ago, we opened our first sober home. We had no idea, you know how.

E

Many people we would actually impact and how much people we could actually help save like us.

E

um You know I'm trying to stick to the to the question, because I don't want to ramble too much.

E

But I am nervous and I would love to just tell you my story and I know there's not time for that. But.

E

um You know, and so what happened? Was we we're in friends, in partnership with with some really.

E

Good friends that are like family and they had they were in business with this b elite.

E

Flooring, okay and and he has a uh um real estate and that's what he does he. He buys real estate.

E

um And so we saw the there was houses going up for sale in the community and it just happened.

E

To be the perfect, it was the perfect timing, the perfect size, the perfect capacity it just it just.

E

All lined up so perfectly that we went for it and we said why not, let's give it a. Let's give it a.

E

Try- and I tell you like it was very deceiving because the house looks like it's like so tiny.

E

And it's like listed as a three bedroom home, but it's a six bedroom, seven. Actually um one.

E

Of them is an office with three full bathrooms and two full living rooms and a group room. So I.

E

Mean really, it's really deceiving and that's why we wanted so badly for everybody to come. Take a.

E

Look at it and to see that we're really doing something different. um Thank you. That's how we.

E

Chose it, please describe the types of services offered by mulligan at this property right now,.

E

um So we help um individuals get reintegrated back into society. We help them with their.

E

Clinical needs, they have a minimum of five hours of clinical groups per week where we have a.

E

Clinician licensed peers or certified peers come in and they do groups which is like therapeutic.

E

It's abstinent based holistic approach, so um they have those and then they're they're, very.

E

Must there's a requirement that they have to go to work they have if they are on any type of custody.

E

Or on drug court, they are, this type of level of care is actually required by the drug court.

E

For certain people that are, you know, working to get back into the community and into society and.

E

So we then offer to help them get back into get their driver's license to become better members.

E

And productive members of society to get them back in with their children. You know helping them with.

E

Their child support helping them. You know, get those life skills back into place, that they've.

E

They've lost for so long. Can you please describe a typical day at mulligan at this property.

E

You know actually pretty similar to to my day. You know they get up. They're they're not allowed.

E

To sleep all day, you know you get up. They're functioning humans, right, they're, they're, human.

E

Beings um they get up and they you know, have coffee, they have breakfast, they um go out back.

E

Pray meditate do whatever, then they go to work and then in the evening they come home and they.

E

Have their clinical group, which is on either a monday or wednesday they they meet for about an.

E

Hour and a half two hours and then they go to a 12-step meeting and then they go to bed. It's it's.

E

Very normal, actually, how many residents do you currently have six, and is there a wait list? Yes,.

C

How do residents find their way to you referral sources? We do no marketing or advertising other.

E

Than we have a website, but it's not marketed, we don't market and um we have our transportation.

E

Van, which obviously shows that you know it's a big m, but if you didn't know who we were it's.

E

Not really showing who we were, um you know, but I say that because everyone that comes.

E

To us is through a referral source by word of mouth- and you had touched upon this, but can.

C

You further describe the layout of the property or the house, so when you come to the front door.

E

um You come in and there's a I'm not exact on measurements, but it's a it's a huge living room.

E

um It opens up uh I'd, say about a 12 by 13 or 12 by 11 living room. Then you come in and you go to.

E

The left and there's um is it to the right or the left three to the left. There's three.

E

Bedrooms and a full bathroom and then when you go straight, there's the dining room to the right.

E

Is the kitchen beyond the kitchen used to be a garage which is now uh it's been turned into a.

E

Three-Bedroom, it's it's huge, it is a huge, the fire marshal came and and did everything and then, uh if.

E

You go past that there's another full bathroom and then off. The full bathroom is a laundry room and.

E

um Storage then there's a sun porch outside of that that there's an extra exterior door there.

E

And then, if you come back through to the dining room again on the opposite side of the dining.

E

Room there's a huge group room that has two full sectional couches. That's just the first floor.

C

How many staff members are on the property at any at any given time? Two all 24 hours a day.

C

Do you have any um emergency procedures in place? Absolutely what are those so we.

E

Actually have we have our there's always 9-1-1 right if it's a true emergency, that's 9-1-1.

E

um But we also are in um direct coordination and collaboration with.

E

um The um captain of the westminster city, police, nikki and then we're also in um come direct.

E

Coordination with the sheriff with the district police- and they know they have given us their.

E

Personal cell phone numbers, in addition to their direct numbers at their locations, that if we ever.

E

Have any issues whatsoever they're, just a phone call away and they actually monitor a lot for us.

C

Miss mccall, have you ever received a notice of violation, a citation anything of the sort from.

C

Any county or state agency with respect to this property, we had a uh we, we do have the.

E

Water and sewer application that's pending, so that's the only thing. That's pending.

C

No citations for trash in the front yard, I've got grass no, and all of that is paid privately.

C

You had mentioned this, um but do you currently own or lease this property? We lease.

C

And as part of this application are there any interior exterior renovations that are proposed? No.

C

Turning over to the proposed use of this property, what are you asking today from this board.

E

I'm asking that we be allowed to increase the capacity from 8 to 10.. That is it. um I wish.

E

There was a way that we could do a 3d virtual tour. I wish there was a way for you to come into.

E

The presence of this residential facility, while yes, it is um it's for substance, use, disorder and.

E

It's for drug addiction, but we're people, you know we're they're human beings and they deserve every.

E

Right to be integrated back into a residential community, just as every other human being.

C

Why is there a need to expand the use at this property? There's a need for the help so currently.

E

I mean if we take a look around in westminster, even in fairfield community, there was a drug.

E

Dealer, I'm sure you saw it in the paper. There was a drug dealer who was caught in that neighborhood.

E

Not even two weeks ago we helped catch him. He was parked down the street in another driveway.

E

When I say we helped it's that, because mulligan existed at the top of that street, we were able to.

E

Contact the police that were at the top of the street and they came out and and we told them.

E

Where the guy was running through, which was in one of the other neighbor's backyards, and he ended up.

E

Having a gun in the car with 12 rounds, fentanyl, cocaine and thousands of dollars worth of cash.

E

So we are just trying to be part of the solution. I say that because there's obvious reasons that.

E

This this needs this there's a need for this in this neighborhood and in all of carroll county.

C

This application is granted what, if anything, will.

C

Change at the property in terms of the services being offered nothing.

C

In your opinion, is the property large enough to accommodate 10 persons, it's more than large enough.

C

The particular population that you serve are they male or female, they're female.

C

Your current residence can you give a general.

C

um Range in ages, uh uh our youngest is, um I guess it would go from like 25 to 62.

C

And we have a another witness who will go into this with a little bit more detail, but can you.

C

Just very briefly describe the level of care for this particular facility. uh It's a 3.1 level of.

E

Care which is a community-based community housing halfway housing for substance use disorder. It has.

E

A minimal of five hours of clinical groups, which is therapeutic. What is the next level.

C

After 3.1 intensive, outpatient, typically is a continuum of care and going the other direction.

C

After folks complete their stay at mulligan, what's their what's, typically their next step.

E

Their next step is that they they're usually back they're on independent living they're in.

E

With their families- or you know, get get back onto their own, they usually are in with their children.

E

um And reunite a lot of times, sometimes they're not reunited, and sometimes they are. um But that's.

E

Usually, what happens next is that they go back into normal everyday living. My next to last is can.

C

You please identify this document that I've marked, I believe, as exhibit number four. Mr dixon. Oh yes,.

E

This is a letter of support from prince george's county, um the judicial circuit of maryland for.

E

um Their administer it's problem-solving courts, and what this is is a it's a letter in support.

E

um If I could just read it, it says I'm currently employed by the prince george's county circuit.

E

Court as a case manager for adult and drug court program, I have mutual clients with mulligan.

E

Recovery centers and have been working with them since november 2021.. The staff is professional.

E

Responsive and truly cares for the community that they serve. I've been there at their office located.

E

At 299, where I was greeted with a welcoming face and a clean organized office, I have also.

E

Visited the female recovery house located at 829 franklin avenue, the house is quiet.

E

Clean organized and well maintained the recovery houses have rules in place that allow residents.

E

To have safe and peaceful environments, the rules also create a safe and peaceful environment for.

E

The community mulligan recovery centers helps residents with their substance, use, disorder and.

E

Mental health needs, but also teaches life skills such as budgeting and cooking. The structure of.

E

Mulligan recovery centers allows for residents to be responsible members of the community. The.

E

Drug court, clients that I have referred to mulligan have great success in the program. I.

E

Do not have any concerns about the practices that they have in place. I will continue to refer drug.

E

Court clients, mr chairman, I would like this to request to submit this evidence. Okay, no objection.

D

A

We will accept that into evidence.

C

And finally, ms mccall was there anything else that you would like.

C

To tell the board members here today about this application.

E

um Just that you know I I.

E

Just hope that um outside of um opinions and.

E

Judgments or any accusations or misinformation, I just ask that what is being heard is that.

E

Literally, we're just we're asking for two more spaces to be available to help two more women.

E

To possibly get back into an integrated community that they're not.

E

We we are not asking for society to continue to look at us as criminal sex offenders. We.

E

Have policies in place we are run different um and that it's been my own experience.

E

That had this type of level of care not been available. I probably wouldn't be here right now.

E

um And my story is that you know I've been able to stay clean and I'm still actively involved in.

E

Community service and a service to my 12-step fellowship for 15 years, I just celebrated 15.

E

Years of recovery of total, complete abstinence, not one drink, not one drug for 15 years a day.

E

At a time- and I ask that that opportunity be allowed for two more people in an area that.

E

Obviously, is saturated and publicly populated with addiction and substance use disorder.

E

um I could go on for hours. Thank you for your time and I appreciate.

C

Thank you very much. I miss mccall. I believe mr lazariaga will have a few questions for you. Mr.

A

Yaga I'll allow you to ask questions first and then we'll go to the audience. Thank you, mr bell.

D

uh Ms mccall congratulations on your 15 years. Thank you.

D

um You're asking for the board to consider two additional residents to receive help is that right.

F

Sure sure, okay, but you currently can have eight residents in this house- is that right, yes, but.

D

There are six yes with a wait list. Yes, why aren't you already helping two more people, so the wait.

E

List is based on when they're coming in okay. So when they're at other levels of treatment, which.

E

Is another level of care which would be 3.5 or 3.3, which is a higher level of care, say mountain.

E

Manor or shoemaker or right turn, for instance, that are in carroll county a lot of those they.

E

Have discharge dates, so we don't bring them in. We can't bring them in until the bed until.

E

They're available to discharge okay, but there's other people in the community who would benefit.

D

From the bed right now, however, they're not at 3.1 remember, this is a certain level of care.

D

So if there are insufficient people in the community who require 3.1 level of care right now,.

D

Why do you need more beds for the people that are transitioning to the 3.1 level of care.

E

So the people that aren't ready yet sure you mentioned a he when you talked about somebody.

D

With b elite flooring in pennsylvania who's, he brandon brandon, who brandon.

C

I'll instruct the witness merely to answer if she knows yeah, I just known as brandon, I don't.

D

Okay, um so somebody that you've worked with to identify real estate for the benefit of your.

D

Company, you don't know his last name, I'm sorry. I can't remember right now.

D

um Well, you testified uh your well. Is he here? Is it property owner here he's not? He signed.

D

The application, so he did not get he did. She did yeah her, christina and brandon bo signed.

E

It okay, but we don't know christina's last name, I'm drawing a blank, I'm also very nervous. Okay,.

E

um I don't know what that's relevant for and why people are laughing, but.

D

Well, all right at this point.

D

We don't need any comments from the public at this point. Guys warned you one time.

A

When there's somebody at the microphone and they're a witness.

A

You need to give them the respect they deserve. I don't care what your differences of opinion are.

A

And if you can't abide by those rules, there's two doors: okay, any questions.

A

Okay, you can go forward. Thank you, mr bale. um Okay, so b elite is the real estate company.

D

That owns 829 is that right, correct and your company leases it from be elite. Is that correct.

D

Correct are there any common members in ownership between mulligan and b elite.

G

um No, no okay. Is there a written lease agreement? Yes, how long do you have the benefit of the lease.

D

At 829 uh five years so you're asking this board to grant something that will vest with.

D

The property indefinitely in which you do not have an interest beyond five years after today,.

D

We do have an interest beyond five years. What is that, and that is suit, that is to purchase it so.

D

There's another agreement: no it's within the same agreement, so it's at least with a purchase option.

E

To read the agreement, it's not in layman's terms, yes, our hope is that we would end.

E

Up purchasing the the home ourselves, um do you know if b elite is a for-profit entity.

F

Sure does it have any connections to carroll county other than us? I'm not that I'm aware of.

D

Other than your company occupying their real estate, sure, okay, let me ask you about your.

D

Company, how many members does your company have five and they each own 20 interest? No, how much if.

D

Any do you own ma'am 10.. Is there a specific uh authorization um in your operating agreement or.

D

A document somewhere that authorizes you as a 10 owner to testify here today on behalf of the llc.

C

Mr chairman, I I think we're going to be I'm assuming mr baumgardner is going to be calling.

A

More witnesses um that have a stake in this would that be a correct assumption. That would be correct.

C

Although I I don't really see um the relevance of the line of questioning, however, like we're.

C

Here for a conditional use in the variance application, so the the inner workings of the.

C

Business that happens to hold the real estate. I don't really think is relevant for this board.

A

I I would agree, I would agree with that. It may be here briefly. uh Yes, not necessarily.

D

The inner workings, but at this point what's been testified to you before this board, is.

D

The property owner maybe signed the application, but nobody knows who it is.

D

The witness is representing an entity- that's signed as the applicant here, but she's testified.

D

There are five members and there has not been any direct testimonial listed on behalf of.

D

The applicant I'm authorized to do this, I'm curious if there are five other members that.

D

Own 90 of an interest: do we have anything that satisfies the fact that this has been.

D

Adopted has this been brought up? Has this been authorized, mr bumgartner, would you like to respond.

A

I I would simply because, if there's an operating agreement, which is not required under maryland, law,.

C

It's certainly not part of the record. um There's no document, that's part of the record with regards.

C

To the operating agreement of the company um um and again I I feel like there may be some legal.

C

Avenue to challenge that entity, but certainly not before this board, I mean my my understanding.

C

You know of land use law in the state of maryland and under and under um carroll county code. Is that.

C

We're here for the particular use of property and whether or not that use of property falls.

C

Within the code requirements for conditional use, in this case, a variance so whether or not you know.

C

Multiple members have certain percentage share of an llc whether or not the business authorized.

C

Would we might be a private cause of action, but simply is not relevant for this board here today,.

A

Her testimony as the manager of there was is good enough for me. I don't think we need. I.

A

Don't think we need to know what percentage anybody owns in that very good I'll move on.

D

um Ms mccall is mulligan a for-profit entity. uh Yes, we also have a non-profit.

D

What is that? We have a non-profit at the carroll community foundation.

D

Does it have anything to do with the use before the board here today? No.

D

um What is what's the name of that well against sober homes? Okay, so that's separate.

D

um How do your residents do you call them residents or clients.

F

Presidents residents, how do your residents pay for their stay? They are medicaid. Okay,.

D

Is the state part or the federal part, or both it's uh it's that on? Well, it's state.

D

So is it a uniform fee which your company gets for each resident depending on how long they stay.

E

Yeah there's an authorization process that has to go through the same as any other clinical service.

E

That's provided, but that's to cover it. It doesn't change the amount that your company receives is.

D

That right, basically, whether the resident can stay there or not, and whether or not medicaid.

D

Is going to pay for it? I need you to rephrase the question sure you said: there's an approval process.

D

That's a approval process whereby, ahead of time medicaid says we will pay for this resident. Do I.

D

Have that correct? No okay, then explain it. Please they do not approve anything ahead of time. You.

E

Do never you get reimbursed later, okay, so my question is: do you get paid different amounts.

D

For individual residents, or are they all the same they're all the same? Thank you. uh You would agree.

D

With me that under state law, dislocation at 825 is defined as a halfway house correct. Yes, all right.

D

And you'd agree that, under the health general article multi-family dwellings are synonymous.

D

With large halfway houses is that correct? I would object to that characterization also asking.

C

um A lay witness operator, uh the interpretation of maryland state law.

D

It's in the code, I can argue it later I'll, withdraw the question. Thank you.

D

um How many other locations does mulligan have in carroll county three, four, potentially four.

A

I answer the question as of today, as of today, three three.

D

And another under contract, yes, but it's office, location.

D

How many of those three locations are within the fairfield neighborhood three.

D

And this is the first uh public hearing that's been required of mulligan for any of those locations. Is that right? Yes,.

D

um Within so there is clinical management within.

D

Your facility, specifically at a29, is that right, yes,.

D

uh How many residents are at each of the other three locations in fairfield.

E

Currently yeah eight at franklin, there's eight at eight zero, two franklin and.

E

um Eight at david yeah, eight at david avenue.

D

And I'm sorry, you said there were three others, that's. That is that's three total.

E

I must not have heard so there's eight at 802 franklin. Yes, eight.

D

David avenue, eight at 744, david avenue, okay and six, eight twenty nine got it.

D

uh How many arrests have been effectuated at any of your company's properties in the last 12.

D

Months and actually arrest at the location sure where, like somebody, came and arrested, somebody.

E

Yeah none how many of your residents have been arrested in the neighborhood in the last 12 months.

D

In the neighborhood, yes for us, none not for mulligan.

D

uh Have any of your residents died in any of your homes in the last 12 months? No.

D

How many calls for police service have there been to any of your residence locations? Oh.

A

If you don't know the, if you do not know the answer, you don't have to don't look to other.

E

People, I'm sorry it was my partner. They can answer that one. I know one okay, she had a dui, it was one.

D

Yeah and uh mr baumgarner asked you, you've not received any uh citations regarding uh trash.

D

From the um any of the locations specifically 829, have you received any complaints about the.

D

Amount of trash generated there, no have you ever utilized the services of anybody. Other.

D

Than a regular trash company to take away trash from that premises, no I mean my husband's pickup.

E

We've: we've cleaned up yard, stuff yeah, but that's totally legal. You can take stuff to the.

E

Dump, I'm not suggesting it's, not man, I'm just trying to provide some clarity for the board.

D

um And your testimony earlier was: there are two staff members there 24 hours a.

D

Day, do they rotate, so is it? Okay, so is a total of four for each location or more.

E

No we're talking about 829 franklin avenue ma'am. My question is: if you have two staff members that.

D

Are there and there are always two members there at 24 hours in the day? Do I have that right? Yes,.

F

Okay, so are there at least four that rotate over the course of a 24 or 48 hour period? I have to.

E

Defer to my other partners on that testimony. I'm operations, I'm not in the clinical piece. Okay,.

A

You can ask future witnesses plenty of other partners that deal with that. Okay, I'm sorry.

D

Your testimony of staffing is not operations, it is operations; okay, okay, not for housing.

D

um You were asked about any violations at this property. Have there been any.

D

Violations or citations or anything like that, any other mulligan properties in the past 12.

D

Months, no, but all of the properties have been acquired within the last 12 months. Correct. Yes,.

D

And you also testify there's a water and sewer allocation pending for 8.29. Did I hear.

D

That right, yes, is that, because you're currently operating above your water and sewer allocation.

E

No, it's actually because um I we are in court collaboration with mark depot at the city of.

E

Westminster and he's actually been, um we've been collaborating with him and it just it takes time.

E

So he we've met with him several times in person, him and andrea, and um they have been helping.

E

Us, through the whole process of you know it's a it's a whole there's a whole bunch of things that.

E

Go into place where, when you request these type of things, and because it was a residential area.

E

um Now that we're asking for the assisted, you have to request.

E

um You have to request the water allocation, but we're not over the usage as of yet so he has.

E

Not violated us in any in any of the buildings that we're in to all the other locations have.

D

Appropriate water and sewer allocations, yeah, I'm into our knowledge until mark says we don't.

D

um So this particular site at 8 29, you described it as you know, deceptively large, and you said.

D

There were six bedrooms. Do I have that right? Yes, are those bedrooms, as described by the county code,.

E

Yes, there's a closet and a window egress.

D

And are any of those located in the basement? Yes,.

D

At 8 29, since you started operating what is the maximum number of residents you've? Had there eight.

D

And what steps, if any, have you taken to ensure the safety of the neighborhood around 829.

E

Oh well, as I stated earlier, we're in direct coordination and collaboration with the.

E

City of westminster, police and the district police and the sheriff's office. Okay, I mean.

D

Have you have you put up any screening around your properties for the benefit of neighbors screening.

E

No, do you have any security systems in place? Yes, are they for the benefit of your residence.

D

The community, or both both so they face out to the street. Well, they face on our property.

D

um I apologize if you're, not the right person, to ask this question about.

D

um What, if any rules are there regarding the residents and when they can have visitors.

E

So there's an entire residential handbook that a really really think that when you get to brian.

E

Mccall, he would be better to answer all of the rest of these questions. These type of questions.

E

um As he helped design he's a program coordinator and designed it go ahead. Mr chairman.

C

um Those questions I um I was going to direct to mr brian mccall. If the chair.

C

Would permit certainly fair enough very good, no problem.

D

um Miss mccall: um do you have any qualifications or certifications to provide an opinion in the.

D

Topics of engineering or surveying: no, likewise, do you have any qualifications to provide an.

D

Opinion in the area of zoning no, and do you have any certificate or degree or license.

D

That you have to support your opinion that 829 is large enough to accommodate 10 residents.

E

Well, I mean my, I have an opinion, but I don't have a certification that says I can.

D

um Exhibit four that was entered the letter from the drug court coordinator for prince george's.

D

County, um you know what I'm speaking about. Yes, how many of your residents currently come from.

D

Prince george's county, currently um one yeah, sorry, I'm sorry! I really should just defer the question.

E

Sorry or the balance from carroll county they're, all all over they're from all over the state.

D

Do you know if you have any residents at 8, 29 right now from carroll county? Yes,.

D

Just a moment, mr chair, I think I'm about through.

D

uh That's all I have at this time. Thank you, mr chair.

A

Okay, at this point, you can go to the microphone and ask questions of ms mccall's testimony and.

A

Again, it has to be a question, not a comment if she gives an answer that you don't agree with.

A

Go to the next question. Okay, I don't want you debating her. Ask her questions of.

A

Her testimony so go to the microphone. I'm assuming you've been sworn in. Sir.

A

Okay, very good name, address occupation and spell for the record your last name. My name is craig.

H

Oppett, my occupation is project manager and last name is oppat. I live at 618, doris in westminster,.

H

uh Ms mccall, you said that there are emergency procedures and other procedures and guidance.

H

Documents for the facility are these the same as the other facilities in the neighborhood. Yes,.

H

And the counselors and staff members will they'll be dedicated to this one house or.

H

Will they be common among the houses, no they're they're dedicated they're dedicated, but but they.

H

Get the same training for each house correct! It's a certification of a peer recovery, coach.

H

And cpr- and you said previously, there's three houses or four total there's three in.

E

Fairfield and there's one in westminster on main street, which is part of our 299 office,.

H

So these facilities have the the same ownership, the same management and the same.

H

Procedures and, and at least three of them are co-located essentially in the same neighborhood.

H

Should I would say that these facilities should actually be considered as one facility.

H

Because they're, they have all the same management of a question of her testimony that that's actual.

A

Testimony that you can give at a later time, I promise you okay, very good, uh so the the.

H

Other question I have is: there's eight residences.

H

Eight residents in the facility plus two staff member that makes ten correct no.

E

There's eight, no so there's there's six.

H

Patients and two staff, or is there eight patients and two staff.

E

No there's there's six page, there's six clients about 8, 29, franklin avenue.

A

Let's not, let's not worry about the other facilities that was testified to, but it was.

A

Asked in a question: let's stick to what's at 8 29. So if, in asking the question, don't ask about the.

A

Other facilities ask about 829 franklin, okay, so if you want to go ahead and rephrase your.

A

Question the the my question at at that facility how many patients and how many staff are there.

E

There's six clients and there are two rotating staff. Okay, thank you. Okay,.

A

Anyone else have any questions of miss. You go to the microphone, sir.

A

Same rules, questions of her testimony and state your name, your address occupation and.

A

Spell for the record your last name? Yes, my name is jim ellison e-l-l-I-s-o-n. I'm.

I

Retired I live at 308 denton drive in coalville, which is an adjoining neighborhood to fairfield.

I

And my question I think ms mccall said she had an agreement with the city of westminster to.

I

um Help with security- and we I've lived there 50 years, we're not in westminster.

I

um Our community is uh okay. What that's testimony, sir? What is your question? The question is.

I

Fairfield is not in the city of westminster, so how can the city of westminster be providing.

I

The security can you answer that, or is that someone else's question? I can't answer well.

E

So I think he's he's misunderstanding. First of all, um I didn't say that they were the security.

E

I guess if, if he's talking about westminster city police, I believe he said that you had an.

I

Agreement with the city of westminster that we work in collaboration with them.

E

Is what she testified? I testified collaboration and coordination with.

E

The city of westminster police, who is also- and we are also in collaboration and direct.

E

Coordination with the district county police, the sheriff okay, but the city of westminster,.

I

To my knowledge has no sure police powers over where we live sure: okay, okay, unless well.

A

Okay, anyone else have any questions of ms mccall's testimony.

A

Questions for testimony name, address occupation and spell for the record.

A

Your last name, my name, is rebecca kepner k-e-p-n-e-r. I live at 824, william avenue.

G

I'm a former licensed clinical social worker and I'm currently a contract administrator.

G

uh In your testimony ma'am, you said something a referencing being treated like sex offenders.

G

Or having sex offenders? That leads me to the question: do you have residents at 829.

G

Franklin that are registered sex offenders. No, do you have residents living in any of.

G

The other homes in the fairfield area that are registered sex offenders, no.

G

Our clients of yours allowed to be registered sex offenders.

G

I'm sorry, I did not hear you no. uh If there were to be clients who were registered sex.

G

Offenders would they be registered in carroll county, even if they are temporary residents.

G

During their time of stay, I don't know, and she she doesn't have knowledge of that. I'm I'm asking the.

G

Question no, no. What I'm saying is she doesn't have the legal expertise to answer the question.

G

That's fine, I'm I'm merely asking the questions so that the commissioners have as much information as.

G

They can have. um Are there? Is there a time of stay that most residents stay within your program? Yes,.

G

Could you please tell me what those well, what that general time based on clinical necessity.

E

And and authorization it's based on typically 3.1 is six to nine months. So it's you know long term.

G

Six to nine months is that what I heard correctly yes just want to make sure I was clear. Thank you.

A

Anyone else have questions of ms mccall's testimony.

J

My name is susan blassing and I live at 735 david avenue. I would like to.

A

Know, if that's a spell for the record, your last name, please blessing b-l-e-s-s-I-n-g.

A

Thank you. I would like to know if any of.

J

The clients are being treated with suboxone or methadone, no.

J

Yes, she said no.

A

Anyone else, okay, board members questions of her testimony.

A

Miss ford mount this mccall. Currently you have females in that home. Will it ever be males will.

K

It always remain a female that location, yes, will be female, okay and about the staff. So I.

K

Apologize math is not my your if you currently have six clients there and you have two staffs.

K

Two staff members in the morning and two in the evening you'll always consistently.

K

Have two more people but they're? Not they don't live there. They don't have beds there.

K

So the people that are there at night are up all night correct and they stay there because.

E

There's an office housing. There are people there yeah. So if you go to 10, you'll have 12 people in.

K

The morning and 12 people in the evening I mean especially in the house sure, okay.

K

Okay, that's all I need to know. Thank you a second, mr snyder. Okay, thank you very.

A

Much miss mccall at this point in time we're going to take a quick five to ten minute break.

A

A

Call your second witness I would, mr chairman, the applicant would call a brian mccall, okay.

C

And mr mccauthy can, please provide for the record your full name, your business address.

C

Please my name is brian mccall and our mccall and the business address is 299 east main street.

L

Westminster maryland 21157 and mr mccall, who is your current employer, mulligan recovery, centers.

C

And what is your role with mulligan recovery centers? uh My role is the program director.

C

And do you have any licenses or certifications.

C

um That go along with that role. Yes, I'm a peer recovery, coach.

C

How long have you worked in the field of addiction, addiction, treatment and recovery? I have worked in.

L

The field for about five years but, like my wife, was saying, I've been in recovery since 2007 and.

L

Been of service to men in that process, for I mean probably a decade but working in the field, five.

C

Before mulligan, um where were you employed.

L

I worked at foundations, recovery center as well as recovery unplugged, and what was your.

C

Role with foundations and recovery unplugged, I was an outreach coordinator, so I was a resource.

L

In the community to help people get linked with treatment, services that were adequate to them,.

C

Thank you, sir.

C

You were here in the hearing room during miss helen mccall's, testimony correct. Yes,.

C

Going to go through a series of questions regarding operations at 829, franklin avenue.

C

Similar to what we went through with miss mccall, but in a little bit more detail, okay,.

C

Can you provide the board members a little bit of information or describe the reasons why you.

C

Located uh mulligan at 829 franklin avenue, uh yeah I mean our goal with mulligan recovery. Centers is.

L

To provide uh an atmosphere or environment, that's conducive to the recovery process,.

L

What I've found you know with myself being in recovery, when you put somebody in an institution.

L

Where there's cinder block walls and they feels like an institution or feels like a jail or a.

L

Prison they're going to act as such, so what we wanted to do was to provide something different.

L

Which is a better opportunity for the recovery process to break down the barriers to allow it.

L

To look like a home and feel like a home so that it allows the our residents to be able to feel.

L

Like they're in a safe place that they don't have to have those walls and barriers up that.

L

They put up through their addiction and then they can have the support and the staff to be.

L

Able to support them through that process and allow them a higher chance of success.

C

Please describe the type of services which are offered by mulligan at this property. We do.

L

Clinical groups, as well as peer services, what that means is certified peer recovery specialists or.

L

Peer coaches that have been trained in the process of being a peer coach to help our residents. You.

L

Know whether it be fine jobs get their driver's license or food stamps any of the amenities that.

L

They might be missing, that's going to impede them from bettering their life. We go through.

L

That process with every single resident to help them get um as much things back in their life as.

L

Possible, while they're with us, so that when they do graduate after six to nine months, they're fully.

L

Prepared to take on life on their own are there any drugs or alcohol allowed on this property? No.

C

um How would you know if a resident was using alcohol or non-prescription medication or drugs.

C

uh We do random year analysis every day we do breathalyzers every evening. You know part of.

L

Our process and the intake process is that it's a therapeutic community, so it's only as good as the.

L

Residents that are there so, where they're there to hold each other accountable. So if somebody slips.

L

Up they're there to say: hey such and such slipped up, you know and we move forward with the process.

L

There does mulligan have a visitor's policy at this particular property. Yes, what is that policy.

C

uh That any visitor cannot be under the under the influence of any substances and any person.

L

That's in recovery under 30 days, clean or sober, cannot come to the house. Any visitors have to be.

L

Approved 24 hours in advance by a staff member at the residence and, like I said it has to go.

L

Through an approval process, so there's a form that they have to fill out, who it is where they.

L

Live what are they doing there? What are you going to do while you're there? It has to be supervised.

C

Are there general hours of operation or rules regarding hours for residents at the property.

C

How do you mean um do they have to have lights out at a certain time? Are they allowed to come.

C

And go in the evening: are there any rules with respect to time during the day? Yes, we have.

L

It's a five-phase system, so there are curfews in the house are based off of what phase they're in.

L

Within the house, we have quiet hours from 9 00 pm until 7 30 a.m, which is when they have to be.

L

Out of bed in the morning every morning, so uh you know conversations you know, are quieted tvs.

L

Quieted music's quiet any kind of activities are quieted from 9 pm until 7 30 a.m. um You.

L

Know they have to be in the house at the time of their curfew? If they're not, we have electronic.

L

Door codes that'll tell us if somebody's doesn't come back after curfew, but you know as we'll get.

L

In further, you know the way that we screen the clients that come into our residence it it puts.

L

Us in the best opportunity for success, because we don't just let anybody come into our house.

L

And that's my follow-up question: how do residents find their way to you and what is the application.

C

Process look like um so they they find their way like, like my wife, said through word of mouth, we've.

L

Created a uh reputation in the community that uh mulligan and mulligan recovery centers provides.

L

The highest level of care see what the problem is is medicaid. People that have state medicaid are.

L

The most underserved population, when it comes to substance, use treatment right, and so we wanted to.

L

Do something different somebody something that's going to provide more accountability, more help.

L

More structure than just a standard, medicaid place you know and and also provide something.

L

That's going to feel like a home, not just you're, still in jail, like most other places, are.

L

um I forgot the question: what was the question? Can you describe.

C

um Describe mulligan's screening process for potential residents, that's it so in doing that,.

L

um It's important that our program is not for everybody, because not everybody is ready for.

L

Recovery, not everybody, that's in a higher level of care. You know detox or high intensity residential.

L

Treatment is there for the right reasons. Not everybody. Is there so part of the application.

L

Process is they? You know whatever program that they're in they have to be referred from.

L

A higher level of care program, they all have the application process, submit the application to us.

L

Which gives us you know, standard information, name drug of choice, how long they use things.

L

Like that medication that they're on and then we set up a phone interview with our director.

L

Of housing or myself, and our phone interview normally lasts for about 20 to 40 minutes and.

L

That's something that's not done in rarely any treatment centers, and we do that because we only.

L

Have eight beds or could only have 10 beds, and so the importance on maintaining the atmosphere of.

L

Recovery in the house is so high because without the atmosphere of recovery in the house it goes to.

L

What everybody expects it to be in a recovery house right, and so our standards are so high. We.

L

Want to make sure before anybody even walks through the front door, that they've already.

L

Met our standards of like willingness and things like that. That's why we talk to them.

L

We get to know them, we find out who they are where they've fallen short in the past.

L

So that we know where to start from day one and how to help this person as best we can.

C

This application requests an increase from eight beds to ten beds. Correct yes,.

C

If the board grants this application, what if anything, will change in terms of the.

C

Services being offered here at 829 franklin avenue, we'll be able to help more women.

C

In your opinion, is the property large enough to accommodate 10 10 persons? Yes,.

C

Why do we have an empty bedroom with two beds in it? That's already been approved.

L

By the carroll county fire marshal that says that we can have ted beds.

C

Is there a need for community housing in carroll county? Yes,.

C

Please describe what that need is like, so with the 3.1 level of care. There's zero.

L

Other community housing with 3.1 level of care in the entire county of carroll county zero, there's.

L

Halfway houses, there's recovery houses, there's sober houses where people have to pay out of.

L

Pocket you know, and a lot of times somebody that's in treatment for 30 60 90 days going through the.

L

Process of just getting the drugs out of their system, obviously don't have a job. You know so that.

L

To you know, they'll need some kind of parental. You know spousal financial help to be able to pay.

L

To get into those places, and that's honestly where we started as mulligan, we started as a sober house.

L

And we realized that the need for the community was people that didn't have money. You know, but.

L

They had maryland medicaid, so we could provide something special and take away the barrier of.

L

Finances and really focus on helping them in their recovery, helping them dig deep into their traumas.

L

Their childhoods and things like that without having the need to you, know, go back to work from.

L

Day one and put everything else on hold where we can really focus on the spirit and the soul.

C

Thank you, mr mccall. I'm going to go through a series of questions that go through the conditional use standards under the carroll county code.

C

You could describe the um the neighborhood in which this property is located.

C

um In a general sense how many homes are in this neighborhood? I don't need an exact.

C

Number, but just give the give the board members an impression of the number of.

C

Single-Family homes in this neighborhood I mean it's a beautiful neighborhood. I would.

L

Say probably hundreds multiples, I don't have never counted, but my guess is it's over a hundred or so.

C

And this property is simply one of those hundreds of homes. Correct, yes,.

C

In your opinion, if the board approves this application, will.

C

um This property in any way impair the the orderly growth of the community.

D

I'm going to object if I could be heard briefly, I don't want to belabor this point, but I don't know.

D

What, in sure, I don't know what, in the foundation that's been laid at, this point would give this.

D

Board any indication that the witnesses offered uh can offer a competent opinion on the very.

D

Specific question that's been asked. These types of questions are normally asked of somebody who's.

D

Been designated as a real estate agent expert in appraisal, community developer builder, anything.

D

Like that, I don't think we've heard anything to support the opinion of this particular witness.

C

I'm offering the testimony merely as a lay opinion from a property, a person that is in this community.

C

As to their opinion of the conditional use standards under the carroll county, so as you're.

A

Asking him as the applicant not as not a legal opinion, that's correct and not as a not as an.

C

Expert witness in the field of land use planning or anything similar to that mr chair, there is.

D

A specific rule of evidence in the real property article of the annotated code that allows property.

D

Owners to opine as to the value of property that they own, I don't believe, that's what we're dealing.

D

With here, I would simply offer that this is a lay opinion of an individual who was on the property.

C

All the time, in terms of their opinion, I'm gonna allow it and, and with the understanding that this.

A

Is a lay opinion. This is not an expert witness opinion. Thank you, mr chairman. I'm mr mccall. What.

C

Approval of this assisted living facility impair the orderly growth of the community. In your.

C

Lay opinion: no, in your lay opinion, are there traffic conditions in this neighborhood that.

C

um The approval of this assistive assistive living facility um would make worse no.

C

The operation of this assisted living facility.

C

Would it have a negative impact on the peaceful enjoyment of people in their homes? No.

M

Why not the way that we operate our home? There's no hanging out out front. There's no.

L

um You know I I I we we keep the women inside, we have a, you know, a plethora of opportunities. We do.

L

A plenty of activities with the the women in the house I mean this past weekend. We took them white.

L

Water rafting, you know, I mean we do things where they don't have to hang out in the community. They.

L

Go to 12-step meetings in the community. um They attend those meetings, they attend their groups.

L

But there's no, you know hanging out out front. You know, like I said, part of our intake process. We.

L

Run background checks, there's zero sex offenders that will ever come into any of our residents ever.

L

um You know we we do a fairly good check of all. You know, residents that come into our housing.

C

This next one relates to the conservation of property values. I merely ask the witnesses, lay.

C

Opinion I fully acknowledge he's not a real he's, not a real estate agent, but in your lay opinion.

C

Will approval of this assisted living facility impact the conservation of property values.

N

C

Will this assisted living facility impact the community with odors dust gas smoke.

C

Fumes, vibrations, glare and noise upon the surrounding properties. No.

N

C

Would you say that that the the proposed use of this property is residential in nature.

C

Yes, are the other properties in this neighborhood residential in nature? Yes,.

C

Are there any public gathering spaces schools, religious establishments? Churches are similar.

C

In the surrounding neighborhood, no and in your opinion, in your lay opinion, is.

C

The proposed use of an assisted living facility compatible with a residential neighborhood. Yes,.

C

Your current operation is approved as a community housing for up to eight persons. Correct yes,.

C

And we had submitted into evidence, mr chairman and members, um the operator's current license.

C

That license is issued by the state of maryland. Correct. Yes,.

C

Pardon me one second, mr chairman,.

C

If you know that license is issued um under state law, correct, yes and.

C

There was testimony earlier.

C

Regarding the level three 3.1 program correct, yes, I would direct your attention to.

C

This is komar 10.63.03.11.

C

The maryland code.

C

I'm going to just mark a portion of the statute or the regulation room.

C

Can you please read for the board members just this portion of the statute that I've marked.

C

Here objection, I I don't understand how this will help the board make a decision, particularly.

D

In light of an objection that was lodged earlier when I asked the prior witness for the applicant.

D

Regarding the definition of a halfway house versus a sober living environment under the.

D

General health article and she was found not to have the legal expertise to make that distinction.

D

And I said: okay, it's code, I can argue it. I don't understand what having this witness read. This.

D

Statute, if he doesn't have independent knowledge of, is going to benefit this board by doing.

C

I will draw the question very good. Thank you, mr baumgardner.

C

Mr mccall, can you please provide a little bit more information regarding staffing at this.

C

Property, please explain that the number of staff members available their general shifts and their.

C

um These services that they provide, so we have two different staff members on two different.

L

Shifts from 9am to nine pm during the day and then 9 pm to 9 a.m. In the evening they do split.

L

Shifts so they work three on and three off. We have a clinician there. Two three days out of the week.

L

To run groups and also do one-on-one counseling services, uh none of them live there. They come in.

L

For work, just like any of you guys would come in for work here or we would go to work at any.

L

Organization and then go home to sleep in your own homes. Afterwards, there was also a testimony.

C

Earlier, regarding a van does, mulligan have a van. Yes, how is that van used? We provide transportation.

L

For our residents to be able to get to and from social services to get, you know, amenities to and.

L

From 12-step fellowship meetings, if they have court issues or they need to see their probation.

L

Officers we transport them there. If they don't have it. You know all while in the in the process.

L

We're helping them get their ids licenses. You know driver's license whether it's uh the one.

L

Before the driver's license, because a lot of them come in, they don't have anything. You know they've, never driven legally, so it's a process of getting them back to a productive member of.

L

Society, but our goal and intensive every single person that comes in is by the time that they.

L

Leave that they're, a productive member of society do most residents, have cars or not.

L

um I mean, I would say right now: probably half of them have vehicles. You know.

C

Is this property at 89 franklin avenue close to employment centers? Yes, is it close to downtown.

C

Westminster, yes, is it close to carroll hospital center? Yes, is it close to the.

C

Multiple medical office buildings that are associated with carroll hospital center- yes,.

C

Is essentially located within carroll county? Yes,.

C

Two final questions.

C

What makes mulligan unique.

L

A lot of things I'll start with the heart and the spirit of the partners and the.

L

The reason why it was created, like I said I come from I've, worked in other treatment.

L

Facilities, most of our partners have worked in other treatment facilities and we saw the.

L

Failings of a lot of programs and becoming like a a mill where they just it's money for numbers.

L

And like we refuse to do that, you know we don't have this exorbitant building where.

L

We have hundreds and hundreds of addicts and we're just turning them through. You know our.

L

Our slogan is real people, real recovery, real simple. We have 21 employees and every single.

L

One of those employees are in recovery in some form or fashion or another. You know because we.

L

Are able to provide that therapeutic value that doesn't come from anything else? You know, except.

L

For somebody that's been there and that's done that and that's made it through that.

L

um You know to our intake process where we take the time. You know a lot of places, a.

L

Lot of facilities don't take the time to get to know somebody they just do a cookie cutter box.

L

This is what you do because you're an addict, so if you can't do it get out right, we get to know.

L

The the residents that are there so that we can best serve them as individuals as humans. um You.

L

Know to the staff that we hire and the training that we do. We don't have to have every single.

L

Staff member peer coach certified, but we do it because it gives them an edge and the ability to.

L

Be able to provide the best kind of service to our residents. Those are just a couple things I could.

L

Sit here for hours of what makes us different, but it truly comes from the heart. You know thank.

C

You and finally, is there anything else that you would like to tell the board members here today.

L

It seems like a huge deal with all these men and women that are here in this room.

L

um And I'm grateful that they showed up, because it means that myself as an addict, I'm able to.

L

Maybe break the stigma of just one person, because I have been that addict: that criminal.

L

That everybody wrote off, that said, would never do anything. You know, and I sit here in front of you.

L

uh With 15 years clean a father, uh you know being able to give back what was freely given to me as a.

L

Newcomer right as somebody that had no idea what life had to offer, you know I thought uh I was.

L

Just bound for addiction for the rest of my life and people showed up for me and they helped me.

C

Thank you very much.

A

Okay, does anyone have any questions of mr mccall's testimony and again questions of.

A

His testimony, I do oh, I'm sorry matt. I I totally overlooked you I'm sorry, mr lazariago. I'm sorry.

D

Mr mccall, um as I said to your wife, and I hope you believe me when I say.

D

The seriously congratulations on your sobriety. Thank you.

D

I was congratulating the witness on his sobriety. Thank you.

D

Sorry give me a second um all right, mr mccall, you, uh your title, you said is program director within.

D

Mulligan recovery: centers! Yes, sir! Okay, do you uh likewise have an ownership interest in the company.

O

Yes, sir, all right and do you have any uh further information as to who uh owns be elite or the.

D

Real estate other than um brandon and chris, I believe, let me give you his full name sure.

L

It's a frank, brandon, rosenberger, okay,.

A

Repeat that, for the record, mr mccall, his name is frank: brandon rosenberger.

A

Get that mr dixon, let me spell his last name.

A

Got it mr dixon yeah? Okay, it's spelled like it sounds like. I thought that.

D

Okay, um mr mccall, in addition to the medicaid payments received for your residents,.

D

Are there any other source of income that comes into mulligan recovery, centers? No,.

D

Okay- and I I have not heard you um clearly and it's my fault for not understanding the.

D

The certification are you saying peer, p-e-e-r or pure p-u-r-e recovery, coach.

D

P-E-E-R, okay, thank you and that's what each one of the mulligan employees has if they're.

L

Not a clinical licensed clinical or counselor, then. Yes, they are peer. Coach, certified, okay,.

D

And that's the certification you hold and everyone else who's, not a clinical employee.

D

Yes, what uh what is required to obtain that certification? I mean it's 40 hours in a classroom.

L

I don't know the exact amount of hours of experience on the job training.

L

And then a test at the end.

D

Okay and who's that license issued by or certification c car.

D

Can you tell with the board, or at least me what that means.

L

It's a licensing agency, I don't know what it stands for like uh I don't know what it stands for.

L

You can, I can google it for you if you want it's a national state. Yes, it's a national license. Okay,.

D

um I heard your testimony regarding how you ensure there's no drugs or alcohol in the property.

D

um I think I heard you say: there's random urinalysis daily. So obviously it's not everybody.

D

It's random who is tested daily uh well, like I said right now, we have well. We have six clients.

L

But up to eight residents, we do random year analysis on three of them. Every single evening.

L

um And that goes randomly so, whether it's monday, you know, obviously the same people are not going.

L

To be your analysis, the following day, so they're giving probably two to three sometimes for rent.

L

Your analysis per week, depending on the phase that they're in and how long they've been in.

L

The program and what's the scope of the urinalysis panel, that's run. How broad is it it's a 14 scope.

L

Panel, we also do confirmation lab testing and is that paid for likewise through medicaid or.

D

Do the residents pay for it? No mulligan recovery, centers pays for it and um if somebody has a.

D

Dirty test: are they allowed to stay it's on a case-by-case basis, just like every intake.

L

Application is so depending on, where somebody's at in their recovery process, what the reasoning.

L

Is if they're willing to get on us if they're willing to see their part in their relapse, it.

L

All depends every case is completely different, but it's always going to be. What's going to be.

L

Best for the resident, as well as the neighborhood and the clients that are within the house and so.

D

Who ultimately makes that decision myself and our director of housing is that person here yeah.

L

As well as our clinical supervisor, so clinical director forgot about that.

L

It's a team effort always got it.

D

um Your testimony about a visitor policy, um nobody can come under the influence.

D

Nobody with less than 30 days in recovery is allowed, and did you say that um 24 hours in.

D

Advance is required of every visit yes, and is that a written request? Yes? Does that maintained.

D

Somewhere, yes, okay and uh did you say the visit has to be supervised? Well, they can't.

D

I heard that, but yeah I mean they have to be in the common areas. There's no visits in anybody's.

L

Bedrooms or alone and stuff like that, they're going to be around staff is going to be there.

L

um Like my wife said, we have cameras that go around the house to keep the neighborhood.

L

As well as the residents safe, so nothing overnight, no overnight, no, absolutely not.

D

Okay, um when you were talking about the 3.1 level of care.

D

And the fact that there's no other locations for that in carroll county, I have that correct.

L

um No other that does it evidence-based treatment. The way that we do it.

D

Okay, well, I think that's at least different from what I heard you testify to so is it your.

D

Testimony there is no other 3.1 level of care in carroll county period or there is no similar.

D

Level 3.1 level of caring. Well, I think when I was talking about, I was talking about the institutions.

L

And so there's no other level 3.1. That does the way that we do. The only other place has.

L

A you know the cinder block walls you're going to feel like you're in an institution no other place.

L

Provides the type of atmospheric environment the way that we do? Okay, that that's different.

D

From what I heard, but that could be totally on me for having heard it differently um now,.

D

Previously you're, um the the first witness testified that the residents are required.

D

To work, you testified that the 3.1 level of care allows through clinical intervention.

D

Residents to dig deep into their soul before having to go back to work, yeah.

D

At what point are residents at your facilities required to work within the first 30 days?.

D

And I believe the testimony prior was there's five hours a week of clinical care provided, yes,.

D

And a 12-step meeting daily, yes, okay,.

D

So in the first 30 days, do the residents receive more amounts of clinical treatment? No.

D

D

Accommodations, if annie does 829 have to comply with the americans with disabilities act.

L

My bedroom's on the first floor in our handicap, ramp.

D

um How often do you personally visit 829 weekly.

D

Once a week or multiple times a week, or always at least once a week, sometimes two or three times.

L

Okay, always at least once are your um staff workers that you've described the ones on the.

D

um The rotating split shifts: are they the ones also charged with enforcing the rules of the house?.

L

They're, first in command, yeah; okay, all right, there's not a separate.

D

Manager assigned to a house or anything like that.

L

I mean we have peers that also oversee the houses and I mean there's a lead, pier there's I mean.

L

We're a director of how I mean we have a plethora of people that are going to be there to oversee, manage eight women. Okay,.

D

All right, um you gave a number of opinions that were qualified as lay opinions, sure.

D

um Can you tell um this court uh what certifications licenses or.

D

Degrees you hold, that qualifies you to give an opinion on traffic conditions.

L

D

Do you know what the nearest.

D

Do you know how the county and the state grade roads and intersections.

O

D

Do you have any idea if any of the traffic control devices within the neighborhood.

D

Be able to comply with nitsa? What is that take those in now? um What uh what degree.

D

Certification or education do you have to form an opinion about the peaceful enjoyment of others in.

D

Their homes in this community, I'm a homeowner in the westminster community. Are you a homeowner in.

D

Fairfield no, where do you live? I wrote it on the paper: 754 mulligan lane, okay, just geographically.

D

How far away is that from fairfield five minutes, my foot or by car driving okay.

D

All right what certification, education or otherwise do you have to support your.

D

Opinion regarding property values within the fairfield development.

N

D

Other than mulligan properties are you aware of any other group homes within.

D

The fairfield neighborhood, yes, how many one and where is it located in relation to 829.

L

Two streets over on david avenue.

D

Where one of your other locations is, we also have a location on david avenue. Yes,.

D

Has there ever been an occasion where a resident's request for a visitor has been turned down? Yes,.

D

How often would that happen? How often does that happen? Would you say.

L

I mean not normally honestly people uh once they get to the phase where they.

L

Can get visitors they're able to leave uh on their own, so they get a visitor at.

L

Starbucks or something instead of at the house, so there's a way around it.

C

Objection to the characterization of the question.

A

I I you can answer the question if you like, if you don't that's, okay, no, there's no way around.

L

It okay, because the policy is that person the visitor, can't come into the home. It's not the.

D

Resident can't interact with that person yeah, they can't come into the home. It's the.

D

Five-Phase system, at what phase is one the first one, or does it go up or down? It goes from one to.

L

Five, so one is the least amount of privileges when someone first gets there. Yeah five is the highest.

D

Amount of privileges: okay, at what phase are people allowed to have visitors three and on average, how.

D

Long has a resident been in a mulligan facility before they reach level three uh 30 to 45 days.

D

Mr mccall, do you have any uh qualifications, certifications or degrees in the fields of.

D

Engineering or surveying no, mr mccall, do you have any certifications, degrees or otherwise.

D

In the area of zoning, no under the model that mulligan utilizes at 8 29 franklin to include.

D

Its visitation rules is there any colorable reason for which.

D

A resident of that house would receive a delivery by bicycle at 1am or 4 am no.

D

Don't have anything further: okay,.

A

Does anyone in the audience have questions to ask of mr mccall's testimony go to the microphone.

A

Remember, questions of the testimony state, your name, your address occupation and spell for the.

A

Record your last name and get close to the microphone. Thank you. My name.

P

Is stephanie burke I live at 741 david avenue, I'm I'm a chief of staff and that's b-e-r-k-e.

P

Mr mccall, I have some questions about your visitor policy.

P

First and foremost, how often do you personally visit these homes at least once a week? Okay,.

P

How do your on-site property managers or whoever is on site to support the residents and force the.

P

Visitor policy, I suppose, to enforce it, always I'm sorry. I didn't hear that it should always.

L

Be enforced yes, but how do they enforce it? uh There's a visitation policy request, form.

L

And it goes through an approval process through the peers that work there, as well as.

L

uh Their boss is the lead peer. I'm sorry, you just made the statement. They're peers that work there.

P

So the they're peer coaches that work there, so the request would go through the peer coaches.

L

That are employed there, our staff and then they'll approve it or it'll, get moved to a higher person.

L

To approve it and what happens to a resident who has visitors that were not pre-approved.

L

The visitor is asked to leave what happens to the resident.

L

That's a good question. Yeah. I think we've had that issue where, okay, what guidance have you.

P

Given to your residents, who do have visitors to ask them to show respect and consideration for the.

P

Typical neighborhood traffic, which does impact fellow homeowners, can you repeat the question.

P

Sure what guidance have you given to the residents who are having visitors come to these homes.

P

To guide them in showing respect and consideration for the typical neighborhood traffic.

P

Which does impact fellow homeowners? Mr chairman, I'm sorry is the question.

P

I'm simply asking because the witness has testified that he and the group.

P

Are considerate of the homeowners in this area? I'm asking what consideration.

P

They have asked their people to show to the homeowners when they have visitors.

L

I'm still, I'm not sure. I understand, though, who you're talking about I'll, remove the question.

P

Okay, you made the statement that the residents of this particular home do not hang out in front.

P

Of the house correct, how would you respond to community members who would testify here today.

P

That they have witnessed women hanging out outside of this home to the detriment of the neighborhood.

L

I would love to know when then I can pull it up on our cameras and we can, uh you know, provide.

L

What is it uh disciplinary action and what would that disciplinary action be? You know moving back.

L

A phase having a conversation getting honest, it could be lead to discharge. Okay, thank you.

Q

My name is wanda simas s-e-m-I-e-s, I own 803, david avenue, the women's sober recovery house.

Q

Brian, do you remember the day that you approached me about your project? Yes, opening up the iup.

Q

What was my reaction? You were happy that there was more support for women in the community.

Q

Q

You do on a daily basis because we were missing so many things that we needed.

Q

And what explains some of what you do for the women at maddie's house.

L

Provide peer services as well as transportation and intensive outpatient for the women at maddie's.

L

House and support them, as well as numerous other sober houses in the westminster area, exactly.

Q

I have been there 12 years, brian and that's what I told you in 12 years.

Q

I did not have what we needed, you came along and then what did I do.

L

Give me a hug: did I give you a hug? I took the women from an iop that was not the same as.

Q

Yours, how did that? How did that everybody else gets to talk? How has that affected the women.

Q

At maddie's house what you're doing, I think it's provided them a safe place to be able to recover.

L

A safe place to be able to work on their traumas and.

L

To be able to get another day clean and sober and do not.

Q

House occasionally help us at maddie's house absolutely.

Q

How do they do that cut the grass give them rides um yeah. Thank you. Brian.

R

Hi, my name is bruce parrish. I live in 260 sophia avenue, um I'm an I.t analyst.

R

For the social security administration, my last name is spelled p-a-r-r-I-s-h.

R

I have two sets of questions. uh One has to do with the uh question. Miss burke just asked.

R

About the gatherings in the front of the house, you mentioned that you'll have to go back and.

R

Take a look at the cameras, but previously you had mentioned that you had cameras on site, monitor the.

R

Residents as well as the neighborhood, what type of monitoring is actually being done if, when this.

R

Is brought up, you have to go back and look at it. Is there daily monitoring or constant monitoring.

R

Of these cameras, what purpose do they serve? Well, the cameras record for 30 days back. We don't have.

L

Somebody just sitting there watching the cameras. If there's an issue, that's brought up we'll go.

L

Back to the time and date that the issue was and we'll watch the cameras, so they really don't.

R

Provide any real-time protection for either the residents or the neighbors correct. How do you mean.

R

It has to be brought to your attention and then you'll have to go back and look at the cameras.

R

There's there's no one, there's nothing being done nothing's being seen real time is what I'm asking.

L

hmm No, we don't have anybody sitting there watching the cameras, 24 7.

R

um Next set of questions has to do with the number of residents, as I understand it, the the property.

R

On 829 currently can hold up to eight residents correct. Yes, there's also two staff on pres on.

R

On site, at all times, correct, yes, and then there's also one clinician there sporadically throughout.

R

The week yes, so at any given time there could be as many as 13 adults at this property.

R

Not counting any visitors that could be there at the same time with the approved uh application.

L

Yes well, no, this is this is under your current application. You have eight residents, oh eight plus.

R

One clinician that's a which is 13., that's 11., I'm sorry, you're right, I thought math was my.

R

Good subject so anyway, that's still that that's 11 adults in a in a property that really these.

R

Properties were our family type properties. Most properties have maybe two adults. A couple. Kids.

R

um I'm just wondering how many of the residents have their own vehicles. I said it before. It was.

L

About half okay, um or is there a limit as to how many guests can be present at one time.

L

How do you mean how many guests can be on the property guests or visitors.

L

Or I'm not not sure, I understand the context.

R

um How many residents are allowed to have a guest? At the same time, one.

R

So there can only be one visitor on the property at a time. Yes, okay,.

R

um How many vehicles can be parked in the driveway five six.

R

Okay, um where does your overflow parking go in front of the house.

L

Is all the parking always contained within the front of your house and your driveway.

L

Most of the time- let's say sometimes you know there's. uh Currently there are occasions where.

R

You utilize parking in front of other properties if necessary. Here, I'm sure everybody does.

R

Okay, no other questions. Thank you.

G

My name is rebecca kepner k e p, as in peter n-e-r. I live.

G

At 824, william avenue, I have a number of different questions.

G

um You have stated, and we've heard about the needs throughout the county. My question is, is why are.

G

We concentrating all of these homes within one neighborhood area and not throughout the county.

G

I very much support sober living. I very much support community support for people who are.

G

Trying to become sober, but my can what my concern is. Okay, that's enough of the applause. There's two.

A

Doors there you just made a statement. You need to keep your comments to questions. Please you.

A

Will have an opportunity at a later time in this hearing, to make your your comments, your.

A

Testimony so my my question is because you are working with a real estate investment.

G

Firm which we understood from prayer private testimony if there's such a need throughout.

G

The county, why are all of these properties being concentrated within this neighborhood.

L

There's a beautiful neighborhood close to downtown westminster, that's very walkable! That's.

L

Very easy for them to find employment, gainful employment get to and from 12-step meetings.

L

Beautiful neighborhood.

G

Reaching back to that, you have.

G

Previously testified that you are looking for compatibility for the residents.

G

Living within a neighborhood to help them through their sobriety journey.

G

Is it compatible to the neighborhood to have three of these homes operating within that neighborhood.

N

uh I'm not sure I understand the question. My question is: there are between 829 franklin.

G

And the home on david at 802 david, there are only 11 homes. If you go the long way around and.

G

You count the number of homes on the outside of the ring. This is a very concentrated area.

G

I'm asking: is it compatible to this beautiful neighborhood that you yourself have described.

G

Is it compatible to have all of these sober living homes in one concentrated area, rather.

G

Than looking in another area to spread out so that there's more support within the community and it's.

G

Not all concentrated in one area, yes, I think it is compatible. When I moved to westminster, I was.

L

Shown compassion, love understanding and empathy from the community people in recovery and not in.

L

Recovery, I was welcomed with open arms and I was under the impression that when we moved into this.

L

Neighborhood that it would be too the fact that men and women are recovering at a much higher.

L

Rate and the need for the type of care that we provide at mulligan recovery centers. I thought.

L

That we would be able to work together. So yes, my answer is yes, can you please tell us who, in the.

G

State licenses, the home: what's the licensing group department of behavioral health, behavioral health.

G

Are there inspections that are required of the home? Yes, at what interval are inspections required.

L

How do you mean, when is an inspection required for the home.

L

Annually, just once a year, is it an announced or is it unannounced.

L

Announced to who is it announced to mulligan and the staff that are are supposed to be on.

G

Site is it announced by the licensing agency when they are coming to inspect the home, not always no.

Q

A

Name address, occupation is spelled for the record. Your last name, I didn't do the hand you want me to.

S

Do it you didn't no, please raise your right hand. Mr chair, do you want to ask if anybody else has.

D

Changed their mind, you know, while we have this opportunity, if, if you did not stand and take the.

A

Oath, the first time and you plan on testifying, if you now's a perfect opportunity to do that.

A

Number one before you take your thanks for your honesty, so I appreciate that raise your right.

A

Hand, please do you swear or firm under penalties of perjury, that the testimony.

A

You're about to give is the truth, the whole truth and nothing but the truth, because I do.

S

Okay, very good. Thank you. My name is patrick gentry. G-E-N-T-R-Y.

S

I live on 805 washington, road westminster, maryland 21157, uh I'm a medium truck bus diesel mechanic.

S

And bus driver, my question is concerning the van that had driven on 829 franklin.

S

Avenue to and from transporting residents is, does the van display the company logo on it.

O

Yes, the van display a usdot number on it. No, what is the capacity of the van, including the driver,.

N

12. as a driver of the van possesses a cdl with a passenger endorsement.

O

No, does the driver get a duty physical every year? No, is there only one driver or multiple drivers.

S

That can drive that van multiple. I think that's it. Thank you. Thank you. Anyone else.

A

Okay board members questions of um mr mccall's testimony.

A

Ms ford now, mr mccall, the license that you are required to have. Is it renewed yearly.

L

It's renewed with our carf accreditation, so carf is a national accrediting body for substance. Use.

L

Treatment, centers, and so the licensure through the state of maryland, coincides with that. So.

L

You know they give us the accreditation for a year, sometimes three years, sometimes five years.

L

And the licensure goes with the accreditation so most of the time it's annually. Yes, okay,.

K

Address 8 29: why are you trying to expand this one? Simply because there's room in this house and.

K

Not in the others, well, no, there is. I feel one at a time. One thing at a time: that's what I've learned.

L

In my recovery, don't try to take on everything at once. One thing at a time, um so this is the first.

K

Home that you're trying to or you would like to increase the capacity in yes ma'am. Thank you. Seven.

O

No thanks. Okay, I have a question. I think.

A

You answered it, but I just want to make it crystal clear.

A

Your your client's residence, whichever preference is, they don't come to you as a result of.

A

Judge smith, saying you're going to this: this re rehabilitation center. You get the opportunity to.

A

Pick these your clients, your clients, out, they're, not ordered directly by the courts correct so even.

L

The ones that are ordered by the courts we still pick and choose, and we've done it numerous times.

L

With the drug court or parole and probation where they say we want you to go to mulligan, and then we.

L

Do this the screening, the phone interview and they don't have the requirements, so we turn them down.

L

They get kind of upset with us, but it maintains the integrity of our program and our residence.

A

Okay, very good, any further questions I do. Actually I do so. You have.

T

I don't know your familiarity with other sober programs. I know that you know that there's the.

T

Weber, houses to name one. um The limited knowledge that I have is that they typically try to group in.

T

Locations to offset managerial requirements is. Is that part of your focus or this just because.

T

It's a beautiful neighborhood, that's your! I mean! No, we don't do it to offset managerial at all. I.

L

Feel, like you know, we're we're actually above staffing, uh based off of comar regulations and.

L

Requirements, uh you know we did it because it's a beautiful neighborhood the homes were priced great.

L

um As far as the size and the bedrooms and the amount of space.

L

um And, like I said, the the locality to downtown central westminster without living on.

L

Charles street, you know or something like that, where it's not the most savory, we want to provide.

L

A an atmosphere, that's safe to the clients as well. Do you do any group activities like.

T

Like picnics meetings, um recognition absolutely like I said we just took the women's house white.

L

Water rafting this past weekend we did a large event at westminster city park at the end of july.

L

Called mulligan day we had about 600 people there from different sober houses, we've gone to hershey.

L

Park we've taken them to the autobahn like we do. We do fun things. We took them to ocean city for.

L

The weekend for uh narcotics anonymous convention, so they get to experience these things a lot of.

L

Times you know our clients, you know residents, they come in, they haven't experienced a amusement park.

L

Or you know they haven't made it out of a 10 block radius that they used and lived and was.

L

Incarcerated in you know, so we try to provide opportunities and memories for early recovery.

L

That they're able to build on and compound off of over time as they stay clean. But, yes, we do.

L

Activities every month that doesn't translate into we're having a big bonfire in your backyard.

T

In the backyard, no, no okay, that was my question. We'll have I mean they'll have cookouts, I mean.

L

There's a pool, there's a grill, you know it's so typical to any any other family function.

L

Absolutely right, but no big bonfires. You know no, but yeah, like any other family function that you.

L

Would invite extended family and stuff over for yeah? Okay. Thank you. I'm sorry. I do have another.

K

Do they own all of your properties uh in fairfield, yes, and but you only have those in fairfield and.

K

You have one on main street correct, correct and do you you have leases for all of them. Correct are.

K

They all written that this is a lease to own, or is this a lease for five years, the ones in fairfield.

L

um Like I said so I'll, just clear the air be elite. Properties is a personal friend of my.

L

Best friend, who is also a partner of mulligan recovery, centers they've known each other.

L

For 20 years, through my best friend, his active addiction and brandon like didn't, give up on him.

L

um And so through his sobriety and us building mulligan, you know three or four years ago and.

L

For it to grow into what it's grown into brandon and be elite, you know, uh and my partner frank he's.

L

Talked to them, they've been friends for many years, and so he believes you know before he didn't know.

L

What addiction was he just knew that his employee was not there all the time, and so now to see you.

L

Know, like I said my best friend, showing up for his family and being a father and a husband and.

L

Being a productive member of society like he sees that recovery as possible, and he has the.

L

Ability like be elite, isn't his only business. He has the ability to support. You know men and.

L

Women uh in recovery- you know, like I said, we're not doing some detox and hospital. It's you know.

L

He believes in what we're doing he's come and seen all of our other properties, the one on main.

L

Street, which is the original one, where we do our outpatient and just the service that we provide. He.

L

Believes in what we're doing so, it's not like just some random conglomerate. It's you know.

L

One of our closest friends, one of my best friends, closest friends here.

L

If that makes sense, sure, okay, that was great but the so the day is it.

K

Is it to own these homes or no it's not it's more of one. I mean we have leases, they don't.

L

Say that we're going to own it, it's a it's more of a handshake type deal like hey, because that's.

L

The reason if we had the ability to buy it, we would have as mulligan recovery centers.

L

We're a new new organization trying to make a difference in a community that isn't always.

L

Open to the stigma of addiction, um so we were nervous, we were scared and he believed in what.

L

We were doing he believed in the process and the program and the services that we were offering.

L

um So yeah it's more of like a handshake agreement of like yo hey when the time.

L

Comes and we're able to we'd like to own these houses ourselves, so thank you. You're welcome.

A

Any other questions board members. Okay, thank you, mr mccall. You're welcome. Thank.

A

You uh you want to call your next witness, mr baumgarner, mr bale. um I.

C

Have one follow-up question: okay for mr mccall based upon board members eckhart's questions.

C

The residents at this property they're, not locked in the house, correct, no okay,.

C

They can go outside and have a cup of coffee. Absolutely they can hang out by.

C

The pool yes, sir, just like any other residential property, absolutely.

C

They can hang out with one another outside correct, absolutely okay,.

C

um They can, you know, celebrate a birthday with their fellow residents.

C

Correct absolutely it's a therapy, it's a therapeutic community, so they work together.

L

And life and recovery, as well as with the staff yeah. Thank you very much.

A

Thank you, mr mccall, mr baumgardner. Now your next witness. Thank you, sir.

C

We like to call franklin beck.

U

Sitting down too long.

U

Good afternoon everyone and mr beck can you please provide us your full name, spelling your last name.

C

Your professional address, please, my name is franklin beck, last name, b-e-c-k professional.

U

Address 299 east main street westminster, maryland 21157 and sir, who is your employer.

U

um I work for mulligan recovery centers, I'm also a part owner of the organization myself.

C

And what are all of your titles, with mulligan.

U

uh Primarily my title is clinical director and administrator of the state license program.

U

um I also manage this staff in terms of the clinical activities. That's what that means. If.

U

Anybody's not aware of that, so I oversee all the clinical activities with mulligan recovery, centers.

C

And how long have you worked in this field in general.

C

20 years before mulligan, where did you work? How much paper you have let's say.

C

The last five years last five years, I've been primarily working as a consultant.

U

Because I kind of got burnt out from let's say the disservice that was happening in.

U

The treatment field throughout my progression, you know, starting out as a ground level, technician.

U

For a big organization in maryland, all the way up to a licensed clinical alcohol and drug counselor.

U

You know that was probably a 12-year process of schooling, education and experience testing.

U

Certifications and such can, you provide a brief background for the board members about.

C

Your training, education and experience, including your degrees and licensure, how much paper you have.

U

um So I've received an associate's degree in 2005. I believe.

U

uh In 2009 I received a bachelor's degree in 2011, I accomplished a master's degree.

U

I then sat for a postmaster's degree certificate in 2012., and these dates may be just a little off.

U

So please excuse me uh around 2015. I acquired a second masters, uh my first masters in education.

U

With an emphasis on psychology and addictions and vocational rehabilitation, my second masters.

U

Being in public health, currently I'm licensed as a licensed clinical alcohol and drug counselor by.

U

The state of maryland the board of professional counselors and therapists sworn by ethical codes.

U

Amongst other legal codes as well, and if I go backwards along with every degree, there was a.

U

Level of certification, I'm also a registered peer supervisor, able to supervise peer coaches and or.

U

Specialists did that answer the question. I'm not sure that did answer the question. Thank you, sir.

C

You can briefly describe for the board members the types of clinical services that are provided.

C

At mulligan's property here at 829 franklin avenue, 829 franklin avenue is a level 3.1 state certified.

U

Facility what that means is 3.1 is based on asam criteria. That's american society.

U

Of addiction addictive medicine, they kind of regulate what the criteria is for a person to.

U

Be in or not in a certain level of care, I know you're afraid it asked me some questions so.

U

um So each person that comes into the program has to be assessed to ensure that they meet the.

U

Criteria for that level of care at the 3.1 level, of care being being that it's a low.

U

Intensity residential level of care uh they do have to be more stable than they may be at the.

U

Three: five, three three or three seven levels of care, which is a more a higher level of care.

U

Based off of asam criteria, what else? What else was the question there did that answer that or.

U

Could you repeat the question sure um what types um of clinical services are provided.

C

um Either now or planned for this facility, if the board grants the approval for the assisted living.

U

Well, the clinical services will not change based off two more beds. Every resident is required to.

U

Receive five hours of clinical group service per week and and by by comar regulation, which is the.

U

Code of maryland, anecdotic record, I'm sure some of you are familiar with that. It also uh indicates.

U

How much individual counseling they have to have at the 3.1 level of care? They have to have one.

U

Hour per month, uh we we go beyond that generally, but it's based off the person's need. They also.

U

Receive- and this is not a requirement, but it's just something that we do- they receive counseling.

U

And groups and individuals from the certified peer, coaches and or specialists that are on staff.

U

um That can range anywhere from additional two to three hours, a week of group, one to two hours.

U

Of individual, we just feel that that piece offers the support for the the clients that are in care.

U

To um identify their needs and you know, formulate goals, that'll help them become.

U

Productive members of society, just like I'm assuming most people in this courtroom right now,.

U

And the end goal is that they're able to walk out of the door based off the support that they.

U

Got the clinical and peer-based and just the atmosphere and be independently able to.

U

Not only stay clean and abstinent from drug use, but but participate in society as a whole. In.

U

A way that is recognized as successful does carroll county need more level 3.1 services.

U

uh Today, on the sign up there near one of the the school, I believe it says to date, there have been.

U

I think 67 overdoses in carroll county this year. um I know that number has been higher in the past.

U

But I'm sure that somebody in this room probably or could know one of those 67 people that could be.

U

Somebody's grandchild, niece nephew god forbid, even child or neighbor. um The question does it need.

U

More service, um you know, I I believe that there's never enough help, but we also have a requirement.

U

For the help that people get and that's that they participate fully and take advantage of.

U

The opportunity they're given so there's no stagnant. um You know kind of laying around.

U

You know kind of stuff, they they they're goal orientated and we assist them at getting to.

U

The goals that they sort of um come up with and we help collaborate. Are you familiar with.

C

This property at 89 franklin avenue. Yes, in your opinion, can it accommodate 10 individuals? Yes,.

U

There is proper egress based off of my experience with um you know, history of uh doing these type.

U

Of programs residential in the basement, not only that the fire marshal approved it for 10.

U

Beds, so that's the the bottom line is an official that said, I have 10 beds made that determination.

C

um There were a couple questions from community members um regarding the state inspections process.

C

Can you just very briefly go over how that state in state inspections process works uh in order for.

U

Us to um have that facility become a level 3.1 facility. We had to go through several local and.

U

State processes with one being accreditation, the maryland state, behavioral health administration,.

U

Requires that for any state certified program that you have proper accreditation from a federally.

U

Recognized or recognized accreditation board we have chosen carve so what they do is they.

U

They come out and survey our program on paper, meaning the policy and procedure, and then they.

U

Survey, the building as well that accreditation is very in-depth and um it would really make for.

U

A long meeting if I went into all the detail of that, but the accrediting body in and of itself.

U

Wants to ensure, because they're giving us their stamp of approval, that we meet um health standards.

U

That we meet clinical standards that we make that we're we're good neighbors. You know that.

U

We meet good neighbor standards and there's many other standards that we have to meet. Thousands of.

U

Standards matter of fact, we just were re-surveyed because you get the preliminary accreditation.

U

And then you get the agreement from carroll county who has said that they're, okay with us.

U

Having this type of facility at the location that it's at that's called an agreement to cooperate.

U

And that happens through the local addictions authority, who is one of the government agencies.

U

In carroll county, so they gave us permission to put these eight beds at 829 franklin for.

U

The purpose and everyone's well aware that to do what we're doing the 3.1 level of care.

U

um And then we have to go to the state request. Licensure the state comes out. They they look at.

U

The building uh they they give their approval. We also have to have the proper uh fire marshal.

U

Approval for you know for the beds they're looking at bed spacing egress and safety of the building.

U

And um and then once we we got the licensure we get approved by medicaid to bill them.

U

uh We're serving clients, then we have to we get the preliminary accreditation. Then there's.

U

A follow-up we just went through that process and we were given a three-year accreditation.

U

By carf, we are now renewing our license for the state of maryland, um which is part of the process.

U

Did that answer good question? Thank you very much.

C

um If you know, are there other level, 3.1 programs throughout the state of maryland located in.

C

Residential communities, there are many um a good percentage, and I really can't honestly sit here.

U

And say what that percentage may be, but many 3.1 facilities are probably at least more than half.

U

If not pushing 70 percent and I'm pleased I'm making a uneducated guess at this percentage,.

U

um But you know that that percentage is probably around 70 percent, that these 3.1 facilities.

U

Operate out of residential areas and in your opinion, why are they operated in residential areas.

V

hmm While brian spoke on the reintegration and wanting to.

U

You know seem as much like home as possible since the state is on average six to nine months.

U

I would say that that would be one of the primary reasons that.

U

They operate in residential areas. Thank you very briefly, mr chairman, and similar to my line of.

C

Questions for mr mccall. I did want to go through the conditional use requirements with mr beck.

C

um It is a lay opinion of the impact of level 3.1 programs on these conditions.

C

um So it is a lay opinion in terms of mr mr beck is not a land use. Planner he's not a surveyor he's.

C

Not a developer, but he is an expert in the field of addictions, treatment, addiction, treatment and.

C

Recovery, so I'd like to ask him these conditional use standard questions with respect to his.

C

Training knowledge and experience in the field of addictions, recovery and counseling. um Mr zoriaga.

A

You're agreeable to that, as you were, with the last witness, I've asked and I'm not and you'll.

D

Have the opportunity to sure absolutely ask your questions? Thank you. Okay. Thank you, mr chairman.

C

Mr beck uh in this community, um um what's the ballpark number of residential homes, if you.

C

Had to guess you mean normal just wrecked homes in the whole area. That's correct, yeah! I don't.

W

Know I don't know you're talking about in the community that fairfield, I believe, that's correct.

C

The 10 is it 50. Is it 100 it's 150? I don't want to. I don't even want to try to answer it. I understood.

C

In your experience, the approval of a 3.1 level, in this case assisted.

C

Living facility will that impact the orderly growth of the community.

U

When that, when the the 3.1 organization is managed properly,.

U

Which is a heartfelt goal of ours, of mine of my partners, and it started with a conversation about.

U

What many programs have not done? um I believe that a program like this can be not only just.

U

A regular neighbor, but an asset to the community, such as what helen spoke about when everyone left.

U

That uh you know there was witness of the drug transaction that many people might not even seen.

U

Because they didn't know what they were looking at or they're so worried about. What's going on.

U

At 8 29 franklin that they missed a drug dealer operating right out of their own neighborhood.

C

um But from your familiarity with the property and your experience, does this community have traffic.

C

Congestion or parking congestion problems, not at all every time I go to the house there's either.

U

Room in the driveway which we try to utilize first, even if we have to rotate the cars or plenty.

U

Of parking in the front of the house there's at least three spaces directly in front of the house.

U

On on that, outside of the street, and in your opinion, will approval of this use impact.

C

Negatively the peaceful enjoyment of people in their homes, we manage our organization properly.

U

I would say no, I have seen other lawns that don't look as good as ours. I have seen other landscaping.

U

In the community, that's undone that doesn't look as good as ours.

U

um From that perspective- and I don't know what's going on inside the houses that I don't know but.

U

From the outside, looking at the other houses in the community, I would really say that our house.

U

Stands out as one of the best looking houses in that community and are there any odors dust.

C

Gas smoke fumes, vibrations, glare or noise. That would emanate from this assisted living facility.

U

Outside of people smoking in a designated area on the back porch, which is screened in.

U

And no one is uh we're very uh stickler on people in the cigarette butt thing. So there's.

U

A receptacle there for that. That would be the only possibility that I could see in normal.

U

Operation of any type of you know it would be cigarette smoke, which is contained in a.

U

Screened in area on the back porch are there any areas of public gathering schools, churches.

C

Or religious establishments within this community to your knowledge.

U

I'm not sure where the fair field community ends. I know there is a hospital with a very.

U

Big building that was just built adjacent on the other side of the street that I'm sure.

U

Will hold hundreds of people, it looks like it will anyway, there's another.

U

Assisted living type facility, that is in the same neighborhood that I've noticed.

U

The fences looks like it's hanging over or something needs to be fixed. That's why I notice it.

U

And um I'm not sure about the schools. The high school is pretty close to there.

U

Westminster high school, I don't know if that's considered the same neighborhood.

C

And in your opinion, is the proposed use compatible with the surrounding residential neighborhood.

C

The way that mulligan recovery centers manages the organization, I would say yes, there's a lot of.

U

Accountability and a low tolerance for anything that disrupts normal neighborhood or home life.

U

um It's just not tolerated, and, lastly, is there any anything else that you would like to tell.

C

The board members about this application- I mean this whole thing- is about adding two beds to a.

U

Place that if we didn't put the sign up or there wasn't, you know- um and I applaud the community.

U

For coming together, but if we didn't have to put the zoning sign up or that there wasn't kind of.

U

This uproar about you know, what's going on a lot of people, probably wouldn't even know what was.

U

Going on in there from my opinion, because of the way we managed the house that if somebody is out.

U

On the front lawn they're out on the front lawn doing what people do on their front lawn, although.

U

We discourage people to have gatherings out front. That's why we've made plenty of room in the back.

U

For um social gathering, which is actually screened in and you would never even know most of the time.

U

Unless they're in the pool- and I don't know if the neighbors are paying attention to that.

U

But I just think that that house is, I wish people would have, came and looked at it.

U

I wish I lived there to be honest, I mean it has a built-in pool, it is kept very clean. um You know.

U

It's it's we're stickler on safety, uh we inspect the building regularly for for safety standards.

U

And if we're not doing a good job of being a good neighbor, that is one of our goals, and uh I I truly.

U

Don't want to put anyone in a position where they feel threatened or anything like that. um So.

U

I I would like to have that conversation at some point. If there's a way to do that as well, because.

U

Our goal is not to put any neighbors in a play. I wouldn't want to feel like that. In my my home.

U

um And I I'm not trying to uh put that on anyone else. So that's my statement to the group. That's in.

U

Opposition to adding two beds, the purpose of this hearing today is to add two beds to 829 franklin.

U

Street, I don't think that there will be any impact at all separately from what's going on now,.

U

So that's that's my statement. Thank you, mr becca. Mr lazariaga, I didn't overlook.

A

You this time so were you done yeah? Okay? Can I use the bathroom first? No, I'm kidding okay, good.

D

uh Mr beck you're very obviously an educated and accomplished man. So um I'm not going to ask you.

D

Anything except for some very specific questions regarding your credentialing.

D

um Through any of your degrees, postmaster, certification or master's degrees have.

D

Anything to do with engineering or surveying no sir same question regarding the topic of zoning.

D

No sir same question: could you excuse me one second, I ask you a question, did you say do I.

U

Want to clarify your question: if it's okay is that, okay, yes sure you said, do any of my degrees or.

U

Experience, or did you say, degrees, I said degrees or certifications? I thought you said experience.

U

No, none of my degrees are focused. My master's in public health does have some attention to.

U

um Overall, general public health- I guess that would kind of fall into.

U

Somewhat of the question you're asking which engineering surveying or zoning.

V

um Maybe not okay.

D

um Same question regarding uh traffic capacities, because you testified about the traffic conditions.

D

In the neighborhood yeah, I think um the degree in public health sort of looked at at some point. We.

U

Studied um you know how the the communities are impacted by different types of organizations, so.

U

I would say the degree in public health has some type of potential uh connection to that.

D

Are you familiar with the traffic ratings for sophia, david and franklin avenues? I am not are.

D

You familiar with the traffic rating for the intersection at david avenue and route 32.. I am.

D

Not and how about the rating of the intersection at stoner avenue and 32., I'm not and on the other.

D

Side where I think it I can't remember, which reaches maryland 97. mary avenue and route 97.

U

Could you repeat that one sure are you familiar with the traffic rating of the.

D

Intersection of mary avenue and route 97., the traffic, the rating of the rating; okay, no okay,.

D

Okay, um our oh okay, you said you are a partial owner of mulligan. Yes, is that what brought you.

D

Is that is this business model? What brought you out of your consultant time in your career.

U

The business model of mulligan recovery, centers or the idea of mulligan this event uh we can use.

U

The term business model, because the model that we've created is one that I feel in my heart. I.

U

I have experienced so far much different than the average model based on my 20 years of experience.

U

In the field of addictions, treatment and behavioral health, so yes, I would say that.

U

That was one of the reasons that we created mulligan recovery centers, because we absolutely.

U

Wanted to do something different, then uh what what we saw being done and other members of the.

U

Of the ownership have experience in treatment as well, so although I've saw.

U

A great deal of what not to do so to speak yeah, I would say so. Yes,.

D

um Are all of the mulligan facilities within fairfield level, 3.1.

U

They are not are the others lower levels of care, then I imagine.

W

Are we speaking about 821 right now? Well, I want to ask the board that are we speaking about the.

U

Other places, my question is: are the other locations that are not 829 franklin? Are they.

D

Also 3.1 level of care they're not yeah. Are they lower levels of care? They are recovery, residences.

W

Okay, so do they under state law, qualify as halfway houses or sober living environments.

W

uh Do you know the difference between the two? That's why I'm asking the question, sir and mr.

C

Chairman, I don't know that that's irrelevant. I would object only because the chairman's.

C

Direction earlier I gave you a little latitude, mr lazariaga, we're we're here to talk about.

A

Was it 8 20 29 829, I've heard the number 14 000 times, 829 franklin avenue and I think that's.

A

We it's been established and been testified to by uh three people that that level of care there.

A

Is 3.1 and I don't want to confuse the the 829 franklin with the other facilities because we're.

A

Not concerned with the this board is not concerned with the other facilities. We do not have any stake.

A

In them, I have to respectfully disagree with you, mr chair, and this is sort of reading ahead.

D

um If you find that this is a conditional use analysis, irrespective of the need for a variance.

D

The fact that this community has pre-existing other homes like this that are already impacting.

D

It that you are going to hear from, I would gather a large number of the people behind me not just.

D

My three clients that does impact your analysis as to whether or not this use at this location.

D

Has adverse impacts above and beyond those anywhere else, because I don't think you're.

D

Going to hear that there's another neighborhood in carroll county, particularly in the arc-10 zone,.

D

That has four of these located within a 500 square, less than a square mile.

D

So most respectfully, I'm not so interested in the operations of those places day to day.

D

But that they are there, but it's been established. There are five.

A

So I don't want three or three plus one three by this group and and one by another group. That's.

A

Been established, I I fail to understand the where the level of service is relevant to that.

D

Well: okay! Well, mr chair, both of the prior witnesses testified at length that their.

D

Business model is uh built upon, initially, it was said, there's no other 3.1 level of.

D

Care in carroll county and then it was there's no other people that do 3.1 like we do it, and this.

D

Particular witness has said this is what brought him out of uh basically going into a consulting.

D

um Role because he was burned out about the underserviced community and they've developed this.

D

Business model, and if this is the only location at which the 3.1 level of care is at issue,.

D

What are they providing at the other locations? How is that not relevant for this board to consider if.

D

It's concentrated within this neighborhood. I do have a response, mr chairman, whenever.

C

You're prepared mr baumgartner go ahead. It is true that the conditional use analysis.

C

Looks at the zone as a whole, not the neighborhood the zone. However, unless I missed something the.

C

Carroll county code does not have caps, it doesn't have any formula with regard to distances from.

C

Different facilities, for example, carroll county, could pass code changes. That would say you.

C

Cannot have more than one recovery center house within you know, I don't know what it might be.

C

500 yards from another recovery house. We don't have that here um so, whereas, as the chairman.

C

Has acknowledged, we have stated very openly that this particular operator has other properties in.

C

This neighborhood and we've established the numbers of those and where they're, located.

C

I failed to see how further uh diving into those other properties is relevant for this board absent.

C

Some other provision in carroll county code that would allow this board to consider things.

C

Like density of these establishments within a given community and again carol kennedy could.

C

Pass such a rule in such a regulation, but we don't have one at present. As far as I'm aware of.

D

I just I I fail to see how that doesn't factor into the 11 things you're charged.

D

With considering under a conditional use, it's it's considering the neighborhood and, what's.

D

There, as compared to the rest of the zone, we're going to allow um mr beck to answer.

A

That question what level of care are in the others, the other facilities that are under.

A

Your operation understood- and, please repeat, please sure, so what is your name, sir.

D

If you really want to know it's meth lizuriage is my last name. Sorry I I just didn't want to.

U

Say the wrong thing: you can call me matt, so my question, mr beckers, we're not talking about 8 29.

D

Right now, the other two locations in fairfield. What levels of care do those houses provide.

W

Those are recovery, residences, okay, so this is where we got to the point where I asked you.

D

You're, making the distinction under the health general article of the state law is that correct.

U

Which, uh which state law are you referring to.

D

Health general section 8, 101 definition of recovery residence is subsection, p.

D

Is that what the other two locations are sir, could you read the rest of that? I'm not.

U

Familiar with that exact recovery, residence means a service that number one provides.

D

Alcohol-Free and illicit drug-free housing to individuals with substance, related disorders.

D

Or addictive disorders or co-occurring mental disorders and substance-related disorders or.

D

Addictive or disorders and part two does not include clinical treatment services.

U

They do not include clinical treatment services at the other two locations.

U

Not at those locations, okay,.

D

So you'd agree with me that, in your expertise, the application of county state and federal.

D

Zoning makes a distinction between halfway houses and recovery residences, correct.

U

I'm not sure the law says about halfway house.

U

We operate a low intensity residential treatment center at 829 franklin avenue.

U

I haven't heard the term halfway house used for a while. I know that that was an actual.

U

uh Sort of step down level of care for individuals coming out of institutions at one time, but I.

U

Haven't heard that term used recently, I'm not sure what that is. Okay, I'm sure I mean.

U

We've heard that term, but I don't know what the state lawsuits that halfway houses at this point.

U

If it, if at all, anything that I'm familiar with okay, we'll come back to that, then.

W

D

Mr beck do you live in the fairfield community? I do not.

D

Do you have any idea if the fairfield community is designated as a growth area by the county on the master plan.

U

I'm not 100 familiar with the master plan. Could you help me understand what.

U

That is that's okay, I think that's the answer. um That'll help the board here.

D

How often do you visit the property at 8 29? Is it? Is it at least twice a week for the clinical.

D

Services, I oversee the clinical services. There are clinicians who visit the site more often.

U

Than I do, I visit the site as needed, roughly weekly, if needed more. I do okay, so your opinion.

D

That this use would have no impact on the peaceful enjoyment of people in their homes. That is based.

D

On your personal observation of the property approximately once per week, it is based on.

U

The structure of mulligan recovery, centers, the oversight of the staff, the supervision involved.

U

Both group and individual on a weekly basis with all staff members who I train personally.

U

Outside of the training- and I'm not qualified to do so, I would say that, yes, I feel that.

U

It is proper or whatever the term you used was. I can't you know.

U

Okay and um forgive the simplicity with which I'm going to frame this question, mr beck.

D

Is it fair to assume if there are two more allowable beds at this location.

D

You and your other co-members stand to personally make more money.

U

It is not fair to assume that, because for one we can't say that the two beds will always be filled.

U

Or two um the staffing requirements may change a.

U

Little bit, which is going to adjust the budget for that location as well.

U

So it's a possibility, but that's not the motive for it, and I can't say that I will or won't that.

U

Depends on are we at 100 capacity all the time, because every individual have active insurance.

U

Because sometimes that's an issue, but we've never discharged anyone for financial reasons.

U

So no, I cannot honestly sit here and say that I will make personally more money by adding two beds.

U

It would be an assumption, of course, but there are other impacts associated with adding two beds, that.

U

You know budgetary impacts. Did I answer your question? um I think you did thank you.

D

I do want to ask you just briefly: you said something about. There might be staffing changes.

D

Is that having to do with 829? Specifically, yes, it is, but that's not due to the operation.

W

Organization, wait a minute. You just asked one question: can I answer that one first? Well, I did.

D

I asked you if it was 8 29 and you said yes, my follow-up question wasn't finished. I was going.

W

To say something else is that okay chairman, you can expound on that answer. Yes, yeah, so at mulligan.

U

Recovery centers we offer assistance to employees with housing and based off the the bed space in.

U

The facility, the people that are kind of live in right now are going to require off-site housing.

U

And we're going to have to us we we have vowed to assist them in that transition. uh You know from.

U

The organizational perspective, so that's, yes, that's that's part of what we do at mulligan.

U

We also like to help develop the staff so that they can, because a lot of them are in recovery.

U

And you know sometimes they need financial assistance too, to transition to independence.

D

I'm sorry, mr beck, I I know that that makes sense to everybody who understands this better than I I.

D

Did not follow that, so what what does the staffing changes that are coming have to do with anything.

D

At 8 29, is it there's current staff members that are living there that need to be placed elsewhere.

U

Exactly the people that live there now well, the plan is that we assist them in getting uh their.

U

Own living environment, so if you get an increased capacity at this location, is it possible you'd.

D

Simply have more staff living there, no, because the staff that we're speaking of right now.

U

I guess what I've been saying. I don't know if you're catching on, but they're going to be leaving.

U

We're going to assist them in that transition and uh then the staff will not live there anymore.

D

Well, let me uh let me ask because I'm afraid I'm just not getting it if the average stay of one of.

D

Your residents was somewhere between, I want to say, 60 and 90 days. Perhaps I got that wrong. Six.

D

To nine months, excuse me and then a resident moves. What motivates a staff member to move.

D

They're not going through treatment while they're on staff. Right because, with the.

U

Addition of the two beds there will be no room for staff to live there. Does that make sense? No.

N

I'm afraid beds moving to ten beds so now the staff, although we're required to have.

U

24-Hour staff, that means they won't live there anymore, that they will come into work and leave.

U

Am I making sense to the board, I'm I'm sorry, I'm going to have to continue to ask the.

D

Questions just because I'm not clear, I believe the testimony to this point was the staff does.

D

Not live there, they come and go, and now mr beck is testifying. Somehow I get it, I'm not good at.

D

Math, but I don't understand how adding two beds makes less room. So what I need you to clarify.

D

For the board is how will adding two beds cause mulligan, a staffing complication? Mr chairman, I.

C

Can clarify please I'd rather hear it from the witness, but if the board finds that appropriate.

A

Mr baumgartner, please under mulligan's current license as a community-based.

C

Residential program for eight individuals, the maryland health general article 7603, uh be two.

C

States that the provision of separately identified living quarters for staff may not affect the.

C

Conclusive designation as a single family dwelling under paragraph one eye of this subsection.

C

Under their current designation, not their proposed assisted living facility, they are permitted.

C

To allow staff to reside at the property permitted not required permitted, uh and that number does not.

C

Impact their protection under 7603. What I believe, what mr beck is trying to explain is that if they.

C

Do have a staff member living on the property now and we're expanding to 10 beds for purposes.

C

Of their own business model, they'd have to figure out they're not going to kick their staff member.

C

Out immediately so they'd have to figure out is that person going to go find you know a residence.

C

Elsewhere, if they get up to 10 beds or if they get up to 10 persons in the property, they would simply.

C

Have to adjust at that point I believe. That's, mr beck's testimony. I think we were going down a.

C

Direction that was confusing things unnecessarily between the current use of the property, as it's.

C

Designated and licensed versus the proposed assisted living facility. So let me ask a.

A

Question so today there are six residents there and there are two staff how many of the staff live.

A

There two staff, two steps: we are state license: okay, so we've got six six clients, two staff.

A

So there's a total of eight there as we speak that sleep that use utilize, the bedrooms.

U

I think there is bed space for two staff right now, okay, so my now, I I think it's.

U

Two, it might be one that lived there. Does staff live there or do they rotate in and out.

U

Some staff lived there, some staff rotate in and out. Mr chairman, we can recall helen or brian.

C

Mccall to answer that specific question: if the chair would okay, if that would be more appropriate.

U

From my understanding it was two staffs living there, but I might have missed something: okay,.

C

I don't want to interrupt mr luceryage if that, if, if mr beck can't answer that question, we can.

A

Recall sure, either mr or mrs mccall sure, okay but mr beck you're you're job, as you testify to.

D

Was to oversee the clinical operations in mulligan recovery centers. Is that correct? Yes,.

D

I don't have anything further.

A

Take about a five minute recess when we come back, uh mr beck you'll still.

A

Be at the table and at that point uh people in the.

A

Audience will have the opportunity to ask you questions. Thank you very much.

W

That doesn't matter right not to me not to me.

A

We're going to call the bza meeting back to order and.

A

Mr beck, it's now your turn to answer questions of from anyone in the audience and again I.

A

Want to remind you uh ask questions of mr beck uh of his testimony. uh You'll have the.

A

Opportunity for to provide your own testimony later, so anyone have any questions of mr beck.

A

Name address occupation is spelled for the record, your last name, absolutely brian clendaniel,.

M

C-L-E-N-D-A-N-I-E-L-834 fairfield avenue and my occupation is information. Technology.

M

um So, mr beck, you were talking about the licensing process and you mentioned.

M

A good neighbor standard: what is the criteria for the good neighbor standard.

U

That we do not disrupt the neighborhood and that we build supportive relations with the.

U

Neighborhood we help you know the possible. If someone needs help, we recognize if it snows.

U

You know we'll have people assisting with snow removal things like that.

M

Okay and then, where we left off before just one question. So if this is approved to go to 10 beds,.

M

And you were talking about your staffing: does that mean that you, once you go to 10 beds, then you.

M

Would have no staffing on site? No, sir, what that mean we are required to have 24-hour staffing at.

U

All times that would just mean that there would be no staffing living on site that all staff.

U

Would have to come to the residents to work as opposed to some of the staff that live there now.

U

um That answer your question. Yes, so right now, with the with the eight bed capacity, and even though.

M

There's an eight-bed capacity. You have staff that that also live there, that sleep there so.

M

That that makes the capacity past the eight right the eight beds is, is part of fire marshal for the.

U

Client for the clientele you're also allotted the ability to have staff living there too.

U

It doesn't uh specify that on the state licensure, that's only for the bad space for the clientele.

U

Okay, yes, sir all right! Thank you. Thank you, sir.

A

Anyone have any other questions of mr beck's testimony.

A

Board members questions of mr beck's testimony.

A

Go ahead, you have a question of mr beck's testimony question for.

X

Mr beck, okay, my name is rick dorsey. I live at 716 david avenue, d-o-r-s-e-y.

X

um You had talked about good neighbor, being a good neighbor.

X

um Would it be fair to say that maybe someone over the last almost a year now should have.

X

Reached out to the neighborhood before just a month ago, and maybe talk to everybody.

X

I'll leave I'll leave that question. In answer to that, because there was no agency to reach out to.

U

We did what was required of us through the county regulation and then the state regulation.

U

But we did, we were unaware of a neighborhood agency or something like that to reach out to.

X

um Noted, thank you. I just uh it seemed to be that someone made some kind of attempt.

X

In the last month to do something, but if you're being proactive, wouldn't you want to.

X

Reach out prior to you know what is required and be progressive.

X

If you have a progressive organization, that's on top of things, it's been a year almost.

X

With three properties now under your control.

X

Thank you. I don't know if that was a question. Thank you is that a question sir.

U

Okay, um just like we did with the open house, we attempted to reach out, and nobody showed.

U

Up, we didn't have any direction as to where to reach out there's no.

U

Community organization- and we did what was required through the county and the state. But.

U

I would say based off this hearing, you know our hope is to strengthen the relationship.

U

With the community and- and um I know mine is, I would have to talk to the rest of the partners.

U

But we definitely would love to strengthen the relationship and be supportive. And if we, if we.

U

If there is some type of irresponsibility to take a look at that and act accordingly,.

U

um Just to actually, you know in my heart that we are being a good neighbor in the community and.

U

I mean that, with all sincerity, to the point I'll give anybody here, my phone number, if they like it.

U

um In this hearing to, let me know if they see something going on. That's.

U

You know out of order of what should be happening in the neighborhood.

A

Anyone else in the audience have any questions of mr beck's. Testimony.

A

Board members miss ford mel, mr beck. What do um what sort of support does mulligan offer after.

K

The clients leave um the outpatient levels of care, uh starting with that which also entails the peer.

U

Support and the clinical support we still offer uh the the the transportation services as needed.

U

You know, and also there's an alumni portion to our program for people that finish the complete.

U

Treatment where we hope to try to keep them engaged they're welcome to attend any of the.

U

Mulligan um events that we have, we we encourage them to, and already just off of I mean we. We.

U

Opened the outpatient doors um uh I want to say it was october of last year so about 10 months ago.

U

We already have about five people in our alumni program, and some of them are actually.

U

Becoming staff, so that the support that we offer is to help them to be be financially.

U

Stable as well- and we actually pay well with putting together a good benefit program too,.

U

And we help out with things like housing, you know for employees that might need.

U

Assistance in different areas, so those are some of the things that we try to do. It's.

U

The medicaid reimbursement is the lowest reimbursement of any of the insurance processes.

U

But if you see the services we're providing you're, probably thinking we're not making a ton of money.

U

Trust me it's more for of the better good of people and which, which spills into the community.

U

Which spills into everyone's families- and we truly do want to be transparent with the community, so.

U

We're open to that, so I'm hoping from this hearing that, from my perspective, I can't speak for all the.

U

Owners, but that we we do- um and I spoke to some of the people in the neighborhood today- that we.

U

Do become better neighbors that we do get more visible to you and and more reachable, so that if.

U

You have concerns, or if you see somebody acting up somewhere trust me, we will not put up with that. So.

U

That that's our goal just to continue to get better as people and not just recovering, because.

U

You know that stigma goes without I'm just mean as people to get better in life and to do better.

U

And to be more helpful, the gift I've been given for me, my assignment, is to help others. I hear.

U

Somebody sighing or something it's. Okay, though my assignment is to help others that that's you.

U

Know what I'm meant to do and that's what I live for. I hope that answered the question. Thank you.

A

Board members, any questions.

A

Very good, thank you, mr beck. I can appreciate everybody it's 4 32. and I'm going to risk this.

A

You wanted to recall witness to answer one of mr lozoriaga's questions.

A

What was the question, mr lazariago? It's been about an hour ago. I think it was.

B

How many people actually live at the site? Now staff change? It was about the staffing and.

D

That's up to you 4 32.. Is this a starting point for our continuation.

C

I think a starting point for the continuation is good. We're happy to recall, uh mr mrs mccall.

C

For us for specific questions regarding occupancy staffing or number of individuals in the current.

C

Property when we reconvene um unless the board would like an answer to that question.

D

Now because it looks like someone might okay at 432 we're okay, now 433! I just have one question.

A

So so would it be fair if she's recalled to entertain the questions of the board in that.

D

Regard so then, neither one of us will ask her any questions that that would be fine. If we.

A

Can cut the lawyers out of the process? That's so much better, so much better! So much better!.

A

So is that mr or mrs mccall, that is, let's do brian mccall, the applicant, would recall brian mccall for.

C

um um Questions from the board.

Q

I asked both: did you want to ask sure okay miss board now, mr mccall, do you recall me asking you.

K

If staff lived at 8 29 when you were here, yes and what did you say so at the time we were talking.

L

About the zoning and like so when it's a assisted living, no, there will be no staff that lives there.

L

Currently, as it stands, there's six clients, six residents and two staff that lives there.

K

But and when I asked your wife were you here when I asked her specifically if staff lived on site.

K

And she said: no, they don't they come like. You would go to work and they leave like you. Would.

K

Go home yeah, so there's there's the majority of the staff that work at 8. 29 don't live there.

L

So there's two staff that do live there. Currently when it transitions to this living, and we have 10.

L

Beds because none of the staff will live there and we will pay for the housing as mulligan.

L

Recovery centers for the two staff that do live there at a different location, because.

L

We want to provide that kind of service to our employees and staff, but what if it's not passed.

L

Then I would say the same so that that two staff would stay there live there if it doesn't become.

K

An assisted living and you don't get 10 beds. Sure I mean it would just stay as it is now and.

L

We would continue before yeah. Thank you absolutely. Yes, I think I get clear yeah. I I think I do too go.

A

Ahead, so I'm going to make a statement and you can tell me if it's true or false, I'm going to.

Y

Check in my understanding of this in the current state, with a bad total count of eight permittable.

Y

By the regulation you are allowed to have two staff live there. Is that correct, correct.

Y

So you could have 10 people in the house eight beds and two staff. Is that a correct statement.

C

Yes, mr snyder, if I could clarify very briefly, the state requirement does not put a cap on.

C

The number of staff members who can reside now the occupancy of the building, of course, would.

C

From the fire marshal and from um mr void's office, so let me say it again, so I get it.

Y

So you have a capacity of eight okay resident clients today. Could you buy your regulations.

Y

Have eight patients and two staff members, thereby having 10 people reside there overnight? Yes, yes,.

Y

However, if you will be granted the ten bed, patient load or census allowed correct that.

Y

Precludes additional people from living there, so you could not be 10 patients or residents.

Y

Or clients into staff residing there is that correct correct? So we had if we got granted.

L

The assisted living for 10 beds, there would be the space for 10 clients residents, the two staff.

L

That are currently residing there would live off-site understood. Does that make sense? Okay,.

L

So I think, and then the rest of this, mr snyder, you did an excellent job of clearing that up.

A

Okay, any other questions of mr mccall, while he's there.

A

Okay, thank you. 4 37 .. We've done consultation after consultation on available dates, since we.

A

Cannot take this hearing into the evening hours, and it appears that it is a it's agreeable to the.

A

Attorneys and it's agreeable to the five sitting board members and the availability of this room to.

A

um Resume this hearing on at nine o'clock on october 5th, that is a wednesday.

A

So october 5th 9 a.m. This room.

A

Okay, thank you very much for your patience today and we'll see you all then. Thank you.