Residents Voice Concerns over Current Lessee
A large crowd of residents packed Chester Township Hall Aug. 24 to oppose the Geauga County Board of Developmental Disabilities’ plans to lease additional space in properties it owns to county agencies and other organizations.
A large crowd of residents packed Chester Township Hall Aug. 24 to oppose the Geauga County Board of Developmental Disabilities’ plans to lease additional space in properties it owns to county agencies and other organizations.
The board already leases one of two houses on a 10-acre property to Emerald Rose, an independent nonprofit care provider for people with developmental disabilities that also operates as Emerald Woods. In addition, President and CEO Joy Black operates Joy’s Place, an assisted living facility in Chardon.
GCBDD Superintendent Don Rice told trustees in 1975, the Bessie Benner Metzenbaum Foundation built four houses on the property, which a deed restriction states can only be used for residents with developmental disabilities.
However, the buildings are no longer appropriate to house GCBDD residents and the board has faced issues when offering the space to other county agencies, Rice said.
“We looked at another county agency who has needs and said, ‘We have two empty buildings, are you interested?’” Rice said, referring to the Geauga County Board of Mental Health and Recovery Services.
But the deed restriction the foundation put in place is presenting problems with attempts to lease the buildings, since the organization was formally disbanded in 2003.
Rice said the GCBDD told Geauga County Commissioners the mental health board, which has the funds to staff and maintain the buildings, was interested in leasing their extra space. However, when he and other board members attempted to find out more about the property, they discovered the foundation ceased to exist 20 years ago, Rice said, adding lawyers are currently discussing how to address the deed restrictions.
“The situation is such that the agency that created that deed restriction is defunct,” he said. “We’re not even sure where things go from this point as far as the deed restriction goes.”
Mental health board Executive Director Christine Lakomiak said she and Chairman Steve Oluic went to take a look at the property in March, and the board was considering applying for a grant to lease the space.
Lakomiak said since that time, the mental health board decided the building will not work after reviewing the space and requirements from the state.
“We did take the offer to look at the building, but we have not even been able to have a conversation because it takes a while to write the grant, to see if you get the grants and then see what is available,” she said. “That (building) was an option that we looked at and we still don’t have anything in mind.”
Chester Township Fiscal Officer Patricia Jarrett told Rice the current lease to Emerald Rose violates township zoning rules.
“I can’t control what goes on that property because it’s government (property) and basically, the commissioners can do whatever they want with it. I don’t agree with having someone that is not (a government entity) on that property renting,” Jarrett said. “You are the landlord. They’re not paying real estate taxes. We don’t get real estate taxes for that. If they went anywhere else, they would have to pay us real estate taxes and they would have to adhere to our zoning. They are not. It is unfair and it’s unfair to anyone else that is in their business.”
The township would miss out on property taxes if Emerald Rose was not leasing the space, Rice told Jarrett.
“There’d be a building that I’d be paying utilities for and other things for, which would actually cost us,” Rice said.
Jarret asked Rice if it would be possible to sell the property instead and put it back on the township’s tax roll.
“We’re still stuck with the same deed restriction,” he replied. “That would be the commissioners’ decision to sell it. We don’t own the property, the commissioners own the property. It will always be county property.”
Black, who was present at the meeting, said she believes her organization does not have to pay residential taxes.
“Yes, you do,” Jarret said to Black. “You’re not a church, you’re not government and you’re not a school. You are going to pay real estate taxes.”
Black’s representative, Heather Weikum, said she will look into the zoning code, adding she didn’t know there was a deed restriction.
“We will look into it and we will work something out,” Weikum said.
Geauga County Commissioner Jim Dvorak also attended the meeting.
“I’m willing to do anything I can to help the mentally ill,” he said.
Dvorak said mental illness and drug use are growing problems, and he will do anything he can to help make a deal between agencies to help those in Geauga County who struggle with those issues.
Numerous Chester residents expressed their feelings on the situation.
“There’s not any true way of accountability to the community of what’s going on,” Resident Cindy Valentine said. “That is one issue. The big issue is the subleasing to somebody that doesn’t follow zoning, that isn’t accountable to whoever’s regulating them or watching over (them). That’s why I’m here, and that’s why I think a lot of people are here.”
Resident Anita Zurcher said it doesn’t matter who created the deed restriction, it still exists and it limits the property to being used for the purpose it was originally intended.
“It’s for people with developmental disabilities, period,” Zurcher said.
However, Rice told Zurcher the buildings are no longer needed for the purposes they originally were used for.
“There are people with developmental disabilities who cannot live in a regular neighborhood setting. They cannot,” Zurcher said.
“I can’t go into specifics because of client confidentiality, so there is no way that I’m going to make those types of debates with you,” Rice continued. “I can tell you that we have 13 people living in the house right now. Everybody else in Geauga County is being served out of the community.”
Trustee Craig Richter said the GCBDD serves the developmentally disabled in Geauga County and he appreciates what they do.
“What I wanted to accomplish tonight was to bring out to our public the fact that they were renting houses, and a possibility that the Mental Health Board was going to use two. That’s all I wanted to bring out,” Richter said.
