BOC halts personal care home applications after approving two new permits in court settlements

Posted by

in Top Stories & Breaking News

Wednesday, November 23. 2011

Comments (29)

In response to the ongoing criminal investigation of an illegal network of personal care homes for the mentally ill inside and outside Barrow County, the Barrow County Board of Commissioners on Tuesday night adopted a six-month moratorium on applications for new personal care homes.

Citing recent events that “have shown the potential for emergency safety problems and the potential for mistreatment of residents within a care home setting,” the resolution halts permit applications through May 22, 2012 to allow the county staff time to review state and local regulations and to determine if county regulations should be amended.

Commissioner Ben Hendrix brought the proposal to the table but acknowledged afterwards that the board’s action likely would not impact illegal operations like the one recently shut down in the Cambridge Estates subdivision.

“I’m feeling like we can’t cast a big net and pull up all those folks for other illegal activity, unless we happen to stumble across them,” Hendrix said. “All we can do is put the rules out there and hopefully they will follow them.”

The resolution passed in a unanimous vote just after the BOC approved special use permits for two personal care homes that it had denied in July. The approvals were the outcomes of two lawsuits filed in August by the applicants.

The BOC nevertheless split right down the middle on both applications – one for 1108 Beaver Dam Road and the other at 4525 Legacy Court – and BOC Chairman Danny broke the ties with a fourth vote in favor of each.

Yearwood appeared visibly uncomfortable but said to the audience that included most of other Chateau Forest homeowners: “Ladies and gentlemen, we have the (Unified Development Code) for a reason, and the purpose of this board is to make sure everybody is treated the same and equally.”

He said he hoped the code would be amended in the near future but in the meantime he felt he could “not go against the personal rights of somebody if our laws and codes support it.”

His comments mirrored those of the other commissioners voting in favor of the permits – Larry Joe Wilburn, Eva Elder and Steve Worley – who acknowledged they would not want such a business in their neighborhoods but felt it was in the interest of the county and its taxpayers to settle the suits.

The UDC allows personal care homes in residential zones as long as the owners meet the county's code requirements for special use permits.

Both of the newly approved properties have been in foreclosure, and the husband of the Chateau Forest applicant told the Barrow Journal as he left the meeting that his wife was simply trying to save their home.

County attorney Angela Davis noted after the meeting that the settlements with Claudia Bejinaru on Beaver Dam Road and Alexandrina Dume on Legacy Court included significant restrictions on their operations.

Among the 10 conditions that were part of the settlements is that neither home will be allowed to serve more than two residents at the same time; have more than one employee unrelated to the homeowner’s family at the house at any one time; or have any on-street parking. They also must be permitted by the state as personal care homes, which will subject them to state regulations for the care of the elderly or disabled, and they must have annual county fire inspections prior to renewing their county business licenses. They also must notify the county planning department within 30 days of a client’s departure or replacement.

To read the full story on this issue, pick up a copy of the Barrow Journal’s Nov. 30 edition.

Trackbacks

Trackback specific URI for this entry

No Trackbacks

Comments

Display comments as (Linear | Threaded)

#1 keep on 11/23/11 at 11:38 AM [Reply]

the unwanted handicapped out of Barrow county, I see a theme running here, shut down the ones without license, do not issue any new license, win win for getting rid of these disabled people, when do they start the Gas chambers to remove them completly after all we want our community only the most perfect appearances.
WOW what a bunch of uptight stuckup nosey bodies, do not want to be lowered to having to see the mentally ill!! or disabled!! and this paer was saying yearwood was the problem!!!

#2 Jack Legg on 11/23/11 at 12:47 PM [Reply]

Its about time someone realised what these so-called personal care homes are. this thing with the abuse of the mentally ill was just the tip of the ice berg. the personal care home industry should be shut down and its propnents locked up.The abuse of the elderly is a crime.

#2.1 STEVIE on 11/23/11 at 01:17 PM [Reply]

Grammar, "idiot"

#2.2 not on 11/23/11 at 01:22 PM [Reply]

sure there was abuse, as matter of fact one complaint stated they made me eat Cereal!!! oh how terrbile! this was not elderly was group wanting some freedom while also needing some guideance not really needing CARE just some minimal help

#3 sadly on 11/23/11 at 12:53 PM [Reply]

there is no care for those in between nursing home and homeless without age being factor, slighyly disabled or mentally slow persons are left to try and find a place within what is offered which is next to nothing

#3.1 John Wages on 11/23/11 at 06:44 PM [Reply]

You are right.I just hope this service is not run out of the county.

#4 John Wages on 11/23/11 at 02:43 PM [Reply]

Where are the victims? Who is caring for them? How are they doing?

#5 Not a Dimes difference on 11/24/11 at 09:06 AM [Reply]

Small businessman - 2
BOC - 0

Remember... They ALL voted against the State Licensed and legal business... The man trying to save his home from the bank.

Now, they took their ball and went home...

Commissioner Ben Hendrix brought the proposal to the table but acknowledged afterwards that the board’s action likely would not impact illegal operations like the one recently shut ...

When they made us all criminals, because we offended their sensibilities

#6 YOU on 11/24/11 at 10:12 AM [Reply]

Got that right try to keep even legal ones from coming so as not to be reminded that not everyone is perfect, and they claim to be Christans and people here talk how bad the Street and Yarbouraghs are, yet they were not the ones shunning the mentally ill! shame shame shame

#6.1 Jack legg on 11/24/11 at 10:52 AM [Reply]

are you trying to imply that the people who are against home health care slums are not christian and the people running them are?You need to go with me sometime and see what kind of fine upstanding christian folk are running these "mills"
get a clue .

#7 I on 11/24/11 at 11:16 AM [Reply]

am well aware also well aware of licensed care homes though obudsmens program truth is even with license does not make it any safer.

but in the case in Barrow county I would not call it a slum merly a group of people the neighbors do not want to see, this portion of the disabled do not meet requirments for nursing facility and no matter what you say most people wont rent to them, they have no credit and so the good christain neighbors use the business and license issues to drive these folks into homeless area.

YES I am saying using ZONING to force these people out and claiming abuse because they were offered cereal instead of whatever is crazy! here is the deal I have to make choices what to buy what bills to pay and so fourth I can not always eat Shrimp and steak, same with group of people introduced and living together, sharing bills sharing food trying to survive where there is no WELCOME matt out where these people make parents uncomfortable, maybe the property wont sell if buyers see the mentally ill yes I am SAYING BEING a NOSEY neighbor is not CHRISTIAN act!!!!

#8 C.O. Jones on 11/24/11 at 03:52 PM [Reply]

So Yearwood thinks a property owner should be allowed to do "whatever" they want to? Making this statement has set a bad precedent. There happens to be quite a few low income folks that are moving in. If they can do "whatever" they want, we may see neighborhood used car lots popping up everywhere. Come Jan. 1, 2013, there's at least one lower class fellow that's going to need a place to sell junk cars.

#9 Good on 11/24/11 at 05:42 PM [Reply]

I think if you work on cars and have friends that have cars you should be able to work on them in your house the garage, I do not think it is any of my business being your neighbor to tell you you can not do what ever you want in your home, that you paid for, If I do not like what you do I yes I should move, not have someone question you and your friends and family, now if it is after 11 pm and your making excessive noise that is different, but as long as what you do on your property other then people coming and going is NONE yes NONE of anyone elses business.

#9.1 Jack Legg on 11/24/11 at 05:47 PM [Reply]

why should it be any different after 11 o clock? why cant I turn my house into a bar and sell whiskey everyday now and all night? Ive also been wanting to open up a shooting range on my property, do ya think that would go well with a bar? whos' business is it anyways ? nobody's thats who.

#9.1.1 well on 11/24/11 at 10:09 PM [Reply]

you raised a shooting range on your property which is fine provided you have enough distance when a round goes off it is far enough not to stray on my property, absolutly.

And yes if I wanted to open a place where friends meet and drink it is nobodys business. thats right I should be able to have freinds over and drink beer or rum or whatever as long as my guest do not go on your property or leave trash in your property or common area it is none of your business

#9.1.1.1 Jack Legg on 11/24/11 at 11:25 PM [Reply]

are you a communist? what makes you think there has to be any amount of distance between my shooting range and your property. we will just have a puile of dirt to catch the strays. we dont need any stinking rules here in barrow, no sir and I plan on selling my whiskey and beer not just handing it out. a mans gotta make a living dont he?

#9.1.2 Anonymous on 11/25/11 at 03:41 PM [Reply]

If you do that, the bar that is, you would have to call yourself an alcoholic or a drunk, because remember by your own opinion one can't have a drink without being an alcoholic or drunk.

Your friend Bobby

#9.1.2.1 Jack Legg on 11/25/11 at 03:58 PM [Reply]

No bobby, thats you trying to put words into my mouth. I did vote against Sunday drinking because that was the right thing to do,and this little converstation I was having with an idiot was me trying to show him how absurd his argument was... but he didnt get it. You though bobby have proven again and again on here just how small minded and judgemental you are, imagine .

#10 sure on 11/25/11 at 04:05 AM [Reply]

if your friends wish to buy your home brew I see no reason why it is anyones business, and dirt has tendency to give but if your willing once a round goes astray to spend time in jail for putting out my eye sure also then i wont have to worry cause I can sue you and take your land!!!!! rather then use the Sheriff to drive you off and maybe hae another JACK LEGG take your place!

#11 Not a Dimes difference on 11/25/11 at 10:03 AM [Reply]

Don't you get it...

Isn't this suppose to be a Republican County?

Isn't the Republican tenant..."We believe in less governmental intrusion into our lives." http://www.barrowgop.org/

"He said he hoped the code would be amended in the near future" Yearwood

They fire employees...

They have taken your land...

Winder's main business district is in the street "Going OUT of Business"

They tried to destroy another business but could not (felt it was in the interest of the county and its taxpayers to settle the suits)

They want to make more regulation to KEEP OUT business...

"adopted a six-month moratorium on applications for new personal care homes." unanimous vote BOC

Barrow County might as well put out the sign "CLOSED FOR BUSINESS"

#11.1 Jack Legg on 11/25/11 at 11:48 AM [Reply]

we should be closed for business for personal care homes. they are like puppy mills only worse because there are human beings being done wrong and abused ona regular basis in those places.
If that means Im not a republican then so be it.

#11.1.1 please on 11/25/11 at 01:02 PM [Reply]

I know abuse goes on everywhere licensed unlicensed legal illegal places to tell the truth illegal place is less likly to mistreat its people because they have more to lose, yes less likly

#11.1.2 Not a Dimes difference on 11/27/11 at 01:29 PM [Reply]

Government's first duty is to protect the people, not run their lives.

Ronald Reagan

The free market will determine what succeeds and Fails not the small interest of the few... Only then will Barrow grow the way it did when Jr. was not at the wheel

#11.1.2.1 not likely on 11/28/11 at 12:03 PM [Reply]

I work for a company that buys companies making a profit at least three percent once the company falls below three percent or goes above ten percent they sell it because the real life is six percent is the only long term profit a company or economy can maintain!
so no Barrow county or for that matter the US economy wont be back to where it was,

#11.2 Boy don't you know on 11/25/11 at 03:16 PM [Reply]

The "Dixie Mafia" AKA "Kan" run this county and the Republican Party.

#11.2.1 Jack Legg on 11/25/11 at 04:08 PM [Reply]

The dixie mafia never was anything but a bunch of drunks running around actiong like cowboys and indians.the only thing any of them are running now is a crooked card game at theh state pen. You are obviously a move in wannabe redneck who has NO clue.

#11.2.1.1 well on 11/25/11 at 04:24 PM [Reply]

many wound up in the Federal Penn in ATL, that being said they were and are more then what the Itailian Mafia was six times more known murders to them then the NYC families running in the same time, less attn to them though

#12 you got on 11/25/11 at 11:01 AM [Reply]

that right REPUBLICan in name only! this BOC loves to spend, loves to keep new business out, loves to make sure people have more rules to follow, not less!!!!

#13 wow on 12/01/11 at 02:08 PM [Reply]

so at the county board meeting the HOA (home owners Assocs) were complaining that people use more water that these people cause EPA issues what a bunch of busy bodies, they claim people buy homes in subdivisions with HOa to keep stabdards, truth is people for most part buy homes to live in and be left alone small nimner of people living in subdivsions love the power and control they get by syarting thesse HOA and in many cases do not apply covenants equally but most people do not challenge when the HOa claim they violate the covanants which most times unequal protection of enforcement by HOA is grounds to dismiss the busy bodies case, as matter of fact having a HOA and using ones home violates most HOA covenants has running a business from the home. see!!!

Add Comment

Name
Email
Homepage
In reply to
Comment: E-Mail addresses will not be displayed and will only be used for E-Mail notifications.
To leave a comment you must approve it via e-mail, which will be sent to your address after submission.

To prevent automated Bots from commentspamming, please enter the string you see in the image below in the appropriate input box. Your comment will only be submitted if the strings match. Please ensure that your browser supports and accepts cookies, or your comment cannot be verified correctly.

Enter the string from the spam-prevention image above:
Phone*

What is nine minus two?
: Remember Information? Subscribe to this entry

BOC halts personal care home applications after approving two new permits in ...

Barrow Journal

BOC halts personal care home applications after approving two new permits in court settlements

Recent Stories

Recent Comments

This Week's Poll

Sister Sites

Archives

Community

Keyword Tags