Settlement reached in Mental Health Services zoning dispute

Clients of Mental Health Services for Homeless Persons, Inc. (MHS) who reside in the Oak Tree Manor apartment building located on Bonnieview Ave. won’t have access to on-site around-the-clock support assistance past July 31st, according to a December 2010 settlement agreement between the City of Lakewood and the Big Oak, LLC, the owner of the property. (see agreement .PDF)

The agreement ends a dispute that began in July 2009 after 25 MHS clients were stealthily relocated from a Tremont facility to the 72-unit Lakewood apartment building.

Following up on an anonymous complaint about the facility that same month, a Lakewood city building inspector found that a couple of first floor two-bedroom suites had been converted into a single office space to service MHS’ clients. MHS leased the office and staffed it on a 24-hour-a-day, seven-day-a-week basis with 14 employees.

The city issued an order to shut down the MHS office. It maintained that such an office had a business use and was prohibited in a residentially zoned district. The city also noted that a certificate of occupancy had not been issued, and no permits had been obtained to construct the office space. (see explanation of city’s position .PDF)

Big Oak appealed the city’s order. They contended that the previous owner kept at various times a double suite on the second floor as an office space to manage a real estate business. MHS’ use of the first floor space was just a continuation of the existence of a prior business use. (see explanation of Big Oak’s position .PDF)

On October 15, 2009, the Lakewood Board of Zoning Appeals (BZA) considered the appeal, and voted unanimously to uphold the city’s decision. Big Oak then unsuccessfully appealed to the Cuyahoga County Court of Common Pleas. Big Oak next took their case to the Cuyahoga County Court of Appeals. The case was settled and dismissed on December 17, 2010 after Big Oak reached their agreement with the city. (see transcript of first BZA meeting, see transcript of second BZA meeting .PDF)

What’s going to happen to the MHS clients on Bonnieview?

Now that the zoning dispute has been settled, one wonders what’s going to happen with the MHS clients who live in Oak Tree Manor when their 24-hour-a-day support system is removed. MHS Executive Director Susan Neth and Chief Operating Officer Eric Morse did not respond to a request to comment on the situation.

The agreed upon date by which to close the on-site support office, July 31st, coincides with what is believed to be the end date for the MHS lease on the space. It is believed that the MHS clients’ leases with Oak Tree Manor also expire on that same date.

At a public meeting held at St. James Church on October 27, 2009 to discuss neighborhood concerns about her organization’s clients, Executive Director Susan Neth said that MHS’ services were “much more effective” when provided on-site. If they were to be moved some distance away, she said, it would impede their effectiveness. Neth also made clear MHS’ disappointment about the zoning situation. “We’re as distressed as everyone else,” she said.

MHS representatives have been vague when publicly discussing the nature of their client’s problems. In general, many of people they assist have been homeless or in abusive relationships, and have mental issues and drug and alcohol addictions. The MHS website describes their program on Bonnieview Ave. as offering “permanent housing and on-site supportive services for homeless adults who have severe mental disabilities.”

During its efforts to appeal the city’s ruling, Big Oak suggested discontinuation of on-site services for MHS’ clients could damage the neighborhood and place an additional burden on the city’s public safety resources.

From its March 26, 2010 merit brief:

“Big Oak would submit that the public health, safety, convenience, comfort, prosperity, and general welfare of the residents in the neighborhood, as well as the city at large, would be better served if the MHS office continue to be located within the Oak Tree Manor apartment complex rather than moving offsite.

Clearly, the elimination of 24-hour supportive services within the building would only force tenants to go outside the building and into the neighborhood to obtain assistance. The interests of the City of Lakewood as a whole would likewise be better served in that the elimination of the onsite supportive services currently provided by MHS would likely increase tenants reliance upon the police and/or fire department to intervene in situations that could have been otherwise addressed by MHS.”

Crime, drugs, and death in Oak Tree Manor

The identities of most MHS clients are not known, so it is difficult to determine the extent of their involvement in any reported problems. However, it’s worth reviewing some of the events that have occurred in and around Oak Tree Manor since MHS moved in, particularly in light of the concerns about what may happen when on-site support services are removed.

Nearly four months after MHS relocated, Ward 1 Councilperson Kevin Butler said at the public meeting held at St James Church that he had heard “some” additional concerns from neighbors, but “not that many.” Most of the nuisance-type complaints originated from within the apartment building, he said. Butler indicated problems on the streets in the general vicinity of Oak Tree Manor included panhandling, pandering, and trespassing.

The first reported incident known to involve an MHS client occurred on July 4, 2009. A man was caught walking on Detroit Ave. with a religious statue stolen from the St. James courtyard. Councilperson Butler noted the situation on the Lakewood Observer message board.

The man arrested in the statue incident was convicted of criminal damaging. Lakewood Municipal Court records show he was arrested four more times in 2009, twice for disorderly conduct and intoxication at McCarthy’s. He was evicted in April 2010.

Another incident known to involve an MHS client occurred on September 29, 2009. A police officer called to the apartment building due to the presence of an unwanted guest arrested a female for carrying a concealed weapon. The same female was arrested and convicted on two separate occasions in the following month for disorderly conduct and intoxication. (see police reports .PDF)

On February 6, 2010, a 42-year-old Oak Tree Manor woman overdosed on tranquilizers, alcohol, and heroin. She went into a coma and died five days later. A police search of her apartment revealed two unmarked containers with a total of 94 pills, a hypodermic needle and a spoon with heroin residue. Court records indicate she was an Oak Tree Manor resident since at least 2000, and had been convicted on drug-related charges. (see police report .PDF)

The police incident report identified her as a recovering addict. Two other Oak Tree Manor residents named in the police report have criminal histories that include alcohol and drug-related charges, court records show.

On March 30, 2010, a Cleveland resident filed a missed person report for her brother who was an Oak Tree Manor resident. She last spoke with him when he was on West Blvd. in Cleveland. She said he would go there to buy crack cocaine, and then return to his apartment to smoke the drugs. He was found deceased in a West Blvd. home. Court records show he was an Oak Tree Manor resident since at least 2000. (see police report .PDF)

On May 26, 2010, officers were dispatched on the report of a drug overdose to the Oak Tree Manor apartment of a 55-year-old man associated with the February incident. Officers found unprescribed controlled substances, and hypodermic needles. The man was convicted of permitting drug abuse. (see police report .PDF)

On July 13, 2010, a MHS employee visited the police station and reported receiving threats from one of her clients. The police incident report didn’t identify the client, but court records show one of the individuals involved in the September 2009 incident was found guilty of menacing for an incident that occurred on the same date. (see police report .PDF)

On October 18, 2010, a 27-year-old Donald Ave. resident had a dispute with a Baker Motors tow truck operator in the Oak Tree Manor parking lot. A police officer on the scene noticed the woman was very sluggish and had shaky hands. During a search of her purse, the officer found hypodermic needles and one tablet of Suboxone, a medication used to treat opiate dependence. The woman did not have a prescription for the drug. She was found guilty of drug abuse. (see police report .PDF)

The police call log for Oak Tree Manor (below) is not comprehensive, but provides a decent view of the kinds of problems that occur at the Bonnieview Ave. apartment building. Police incident reports for the burglaries were provided. They were abbreviated and did not contain any detailed information.

9/29/2009	Disturbance. Female arrested on a weapons offense
9/30/2009	Personal welfare check. Apt. 217. Complainant would like to check the welfare of a female who suffers from seizures. Complainant has been unable to reach her since this morning. Female does not drive. Female and will call the complainant.
10/1/2009	Department information.
10/3/2009	Department information. Would like to speak to an officer regarding hang-up phone calls she’s been getting.
10/4/2009	Disturbance. Have problems with resident in apt. 103. Both parties advised. Complainant admitted she is a little tired and got short with a patient.
10/4/2009	Disturbance. Apt. 305. Loud music. Loud on arrival. Male advised. He turned it down.
10/6/2009	General Complaint. Apt. 215. Parties refusing to leave. Possibly doing a drug deal in the lot. The female with the flowered dress on is getting ready to buy drugs. Male and female ID’ed and listed in the person file. They were visiting a friend. They were advised that they are no longer residents at the building and that if they are caught on the property without Eugene home, they would be arrested for trespassing.
10/8/2009	Disturbance. Apt. 219. Complainant and his fiancé are fighting. She cut him with a knife on his arm.
10/17/2009	Burglary. Someone broke into the comp’s apt and left a note behind
10/21/2009	Department information.
10/19/2009	Phone Call Complaint. Complainant would like to speak to an officer regarding phone calls she is receiving from a male. Spoke with the complainant. She just wanted some advice on how to handle calls she is receiving from an ex-boyfriend. She doesn’t want further police involvement at this time.
10/27/2009	General Complaint. Complainant states someone put a rat in a refrigerator and is urinating on the floor in attempts to get her to move out of the building. Female was advised.
10/27/2009	General Complaint. Four juvenile white males possibly smoking marijuana in the parking lot by the dumpsters. 207 out with juveniles at Detroit and Bonnieview. No evidence found.
10/28/2009	Disturbance. Apt. 112. Male causing a disturbance in the office. Male is a mental health consumer. Complainant said that the male had a probate warrant out of Cleveland’s 2nd District. Could not  be located.
10/28/2009	Disturbance. Complainant is having problems with the staff. Complainant is a mental health consumer. Just wanted us aware that he’s having issues with the Mental Health Services staff.
10/30/2009	Probate attempt. Apt. 207.
11/17/2009	Disturbance. Male from apt. 103 is causing a disturbance. Male is a mental health consumer and was advised.
11/21/2009	Disturbance – noise. Apt. 305. Loud Music. Loud on arrival.
11/27/2009	Disturbance. Apt. 219. Male and female arguing. Female was in the apt. along with her hamster. Music was on low. Advised of the complaint.
11/29/2009	General Complaint. States a white male wearing an orange hat and a black coat was knocking at her door. She did not know who he was or what he wanted, but feels he was suspicious. Would the area checked. Male is a mental health consumer and was advised.
12/19/2009	Disturbance – noise. Apts. 305 and 307. Loud music. Apt. 305 had the music up and did not realize it was that loud. Advised. Music turned down.
12/29/2009	Squad assist. Apt. 305. Male needs to go to the hospital and his case manager thinks the male is going to give the paramedics problems.
1/6/2010	Disturbance. A Male is refusing to leave the apartment. Both advised to stay away from each other.
1/10/2010	General Complaint. Tenant who lives in apt. 103 entered the tenants apt. in 308 without his permission. Male is no longer in the apartment. Complainant not sure the male was in his apartment. He believes the male was because cigarettes were missing from his refrigerator.
1/15/2010	Psychiatric Situation – probate. Attempting to serve a probate warrant. Male transported to Lutheran Hospital.
1/22/2010	General Complaint. Would like to speak with an officer about a problem he is having with the staff.
1/29/2010	Suspicion.1315 Bonnieview. There is an unknown female sitting in a chair on the complainant’s porch. Female was advised. Stated she thought it would be a funny place to sit.
1/29/2010	Disturbance. Male throwing things in apt. 403. Verbal argument. Male left.
1/31/2010	Disturbance. Apt. 219. Male and female arguing. Male and female had an argument earlier. One party left.
2/6/2010	Overdose. Has been drinking and shot up heroin not that long ago. Locked in the bathroom, not breathing.
2/6/2010	Burglary. Complainant just got home and her apartment has been broken into. The door has damage and several items are missing.
2/7/2010	Disturbance. Sister and boyfriend of female who overdosed yesterday is there. Comp is removing items from the apartment and the comp wants them to leave. Male called back and stated they left.
2/9/2010	Disturbance. Apt. 410. Mom and daughter fighting over car keys. Verbal argument between mother and daughter. Daughter is going to stay in her room for the night and they are going to work it out in the morning. Advised.
2/10/2010	General Complaint. States a female named Janice is causing a problem. Female is a green card and was sent on her way.
2/11/2010	Assist – rescue squad. Female just delivered her baby at home.
2/15/2010	Burglary. Apt. 416. Complainant believes someone was trying to get into her apartment. She could hear them sawing through the lock.
2/17/2010	Burglary. Apt. 416. Someone knocking on the apartment door. Sounds like they are filing the lock. Male arrested on a Lakewood warrant.
2/2010	Disturbance. Complainant stated the male in apt.103 assaulted her. Complainant was not assaulted. She was upset because the male in apt. 103 kept knocking on her door and asking her for cigarettes.
2/22/2010	Disturbance – Noise. Apt. 319. Loud music. Loud on arrival. Female advised and turned it down.
3/3/2010	Disturbance. Complainant state someone is there trying to take his car. Bakers is attempting to tow his car for a private property tow. Complainant was upset because his car was being towed for private property. Settled for dead run.
3/5/2010	Notification. Apt. 115. Notify female that a vehicle was stopped yesterday and her license and credit cards were found in the backseat. They would like her to contact them. No one was home. Note was left.
3/13/2010	Disturbance – Noise. Apt. 103. Loud music and yelling. Music was turned down.
3/13/2010	Disturbance. Third party call. Female and her son are arguing. Verbal argument. Mom was gone on arrival.
3/13/2010	Disturbance. Male states that his mother came at him with a knife. No knife involved. Verbal argument. Mother is going to stay with a friend.
3/14/2010	Disturbance. Male is bothering residents on the fourth floor. All advised. Male will stay in his apartment.
3/14/2010	Disturbance. 20-year-old son beat her up yesterday. Complainant has been asking him to leave since then and he is refusing to so. Son was advised and left.
3/30/2010	Missing person. Complainant is requesting we check on the welfare of her brother in apt. 402. Nobody has seen or heard from him in three days. Comp stated he uses crack and takes Valium and Methadone for neck pain. Comp will be waiting in the lobby.
3/31/2010	Disturbance. Harassing phone calls.
4/3/2010	Disturbance – Noise. Unable to locate. Loud party somewhere in the area.
4/18/2010	Disturbance – Noise. Apt. 310. Loud music and people wrestling. Quiet on arrival. Resident had some friends over and they were just talking.
4/21/2010	General Complaint. Complainant is receiving harassing phone calls. Dispute is between complainant and her grandson’s mother. Both parties advised. No further police involvement desired.
4/23/2010	General Complaint. Another resident took the complainant’s keys, ID, and checks. Complainant called back and will handle it himself.
4/30/2010	Disturbance. Female refusing to leave. Black female wearing a brown plaid suit. Yelling in front of building. Checking apt. 215 for the female. Female was advised not to returned or she would be arrested for trespassing.
5/2/2010	Disturbance. Apt 219. Male and female arguing. Couple in a verbal argument. Advised and going to separate for the night.
5/5/2010	Disturbance – Noise. Apt 202. Loud music. Manager went into the apartment and turned the music off.
5/6/2010	Suspicion. Complainant stated that the female in apt. 112 stated that she was gonna get a pistol and harm him because his music was too loud. Complainant came down and started making a big disturbance and is the one causing the problem. The female is the manager and will call back if he continues to call problems.
5/6/2010	Disorderly conduct. Male in apt. 202 is causing problems. Male arrested for disorderly conduct.
5/6/2010	Disturbance. Citation issued. Female yelling. Tan Dress. Out with female at Northland and Detroit. Female was cited for trespassing.
5/7/2010	Suspicion. Males in a dark-colored van are sitting in the back parking lot and were honking the horn at her as she walks. The male from apt. 301 was knocking on her door also and she doesn’t know why. Spoke with the female. The male in apt. 301 takes her trash out for her on occasion. He was advised not to bother her at nighttime anymore. There was no one in the parking lot.
5/2010	Petty theft. States health care aide took money and jewelry.
5/26/2010	Overdose. Apt. 305. Male in his 40s or 50s passed out. Possible drug overdose. Male is unresponsive. Complainant advised music is loud. Cars sent code three.
6/2/2010	Disturbance. Apt. 219. Male and female fighting and male advised that she pulled a knife on him. Verbal argument between male and female. There were no threats made with a knife. Male is leaving for the night. Advised.
6/21/2010	Assist-Rescue squad. Apt 113. 36-year-old female is threatening to OD on pills or jump in front of a train or car. Voluntary transport.
7/3/2010	Disturbance. See details.
7/4/2010	Petty Theft. Friend that was staying with her took some of her belongings and will not return them.
7/5/2010	Disturbance – noise. Apt 202 loud noise. Music is loud upon arrival. Male yelled at officer through the door.
7/6/2010	Damage – Non-criminal. Driving having problems with someone in the parking lot.
7/8/2010	Disturbance – Noise. Apt. 202 Loud music. Spoke to the resident. He turned it down.
7/9/2010	General Complaint. Complainant states that the male who lives in 202 came down and threatened him. He would like to speak to an officer. Male in the apartment is a mental health consumer and was not home at the time.
7/13/2010	Psychiatric situation. Apt. 202. Attempting to serve a probate warrant. Male is already at Huron Hospital.
7/13/2010	Menacing. Reports threats.
7/15/2010	Assist-Rescue Squad. Complainant stated one of the residents who suffers from psychological problems is trying to break into their office.
7/26/2010	Disturbance. Female client threatening complainant and refusing to leave. Report already taken on this. Female was advised to stay away from the office unless she needs help of some kind. The workers were advised.
8/1/2010	Disturbance. Apt 411. Male is receiving harassing phone calls. Apt. 306. Complainant just wanted us to avoid the female in apt. 306. Female is a consumer. She was advised.
8/9/2010	General Complaint. Apt. 411 is having problems with his neighbor. Speaking in apt. 311with resident. Parties not getting along because of noise issues. They are going to take it up with their case managers.
8/2010	Suspicion. Apt. 404. Complainant called to advise that her sister is in the apt with a male and that there are drugs all over the table and the complainant and the complainant’s mother went to the residence and removed three children ages 14, 6, and 2. There is no answer at the door.
8/2010	General Complaint. Complainant found some discrepancies on her credit report and thinks someone opened some credit cards in her name. Nothing was opened in the complainant’s name. She just has some unpaid medical bills that were sent to a collection agency.
8/13/2010	Psychiatric Situation. Probate warrant received.
8/27/2010	General Complaint. Complainant said the male who lives in apt. 413 keeps slamming his door and using profanity. Complainant said the male was standing outside of his door. All quiet on arrival. Compliant was advised.
8/29/2010	Disturbance – Noise. Apt. 311. Loud Music. Quiet on arrival. Advised.
9/2/2010	Disturbance. Complainant is having problems with the male who lives in apt 311. He keeps coming to his apartment and bothering him. Male in 311 advised to stay away from the complainant.
9/2/2010	Disturbance – Noise. Apt. 311. Loud music. Complainant called back and said he turned it done. The mental health staff was also contacted and they will also advise him to keep his radio at a decent level.
9/16/2010	Disturbance – Noise. Apt. 311. male is playing his music very loudly. Male turned the music down. Advised.
9/17/2010	Civil Matter. The complainant’s son’s ex-girlfriend and her father keep calling and harassing her and her son. On-going civil matter over custody. Advised.
9/22/2010	Civil Matter. Parties are having problems with the female that lives in apt. 414. Female keeps threatening them. Complainant’s husband owes the female in apt. 414 money and the complainant was upset that she was asking for the money back. Everyone was advised that it was a civil matter and to stay away from each other.
9/22/2010	Disturbance. Apt. 219. Black male outside throwing rocks at the complainant’s window. It was the complainant’s son trying to get his mom’s attention to get in.
9/25/2010	General Complaint. Parties trying to get into vehicle. Males were speaking to females in vehicle. Advised.
9/30/2010	Disturbance. Apt. 219. Loud music. Son had rap music moderately loud. Mother was advised
10/6/2010	Disturbance. Apt. 219. Parties fighting. Male is leaving for the evening. He just wanted to get his food. Parties in 219 would not answer the door. He will call them in the morning.
10/8/2010	Disturbance. Complainant states that the male that lives in apt. 103 pulled a knife out on him and held it up to his throat. Black male wearing a leather jacket and blue jeans. Spoke with both parties who were advised to stay away from each other. Complainant does not want any further police involvement.
10/18/2010	Burglary. Someone took the complainant’s TV, iPhone, and her son’s birthday gift from her apartment yesterday.
10/18/2010	Dangerous Drugs. A female is threatening to stab the driver with needles because they are towing her car. Female arrested for possessing hypodermic needles and drug abuse.
10/24/2010	Disturbance. 20-year-old male spit at mother. Mother and son not getting along. The son was advised to leave and he did.
10/25/2010	Defrauding a Livery. Yellow Cab having a problem with a customer. Male running southbound on Bonnieview. Officer out with male at 1348 Bonnieview. Male arrested.
11/8/2010	Disturbance. Loud music on the second floor. Apt. 307 was advised. Cooperative and turned it down.
11/12/2010	Disturbance. Complainant is arguing with her boyfriend. Verbal argument. Male has left for the evening. Advised.
11/17/2010	Disturbance – Noise. Unable to locate. Black male yelling in the parking lot.
11/24/2010	General Complaint. Complainant is there and his girlfriend is refusing to let him in. The male wants to retrieve his property and leave. The male retrieved his property.
11/25/2010	General Complaint. Residents in apt. 413 are calling him names through the walls. Both parties were advised to stay away from each other
11/26/2010	General Complaint. The male in apt. 411 would like to speak with officers about the males in apt. 413 giving him a hard time and calling him names through the walls. The male resident in apt. 413 denied yelling through the walls. He is moving out next week and that should solve the problems. Both were advised.
11/26/2010	Disturbance. Apt. 306. Female arguing with he 20-year-old son. Verbal argument between mother and son. He is leaving for the night. Advised.
12/7/2010	General Complaint. 2 to 3 parties outside being loud. Complainant said the two males were pushing each other, not sure if they were playing or trying to fight. Checked the area. Male was sitting down outside on his phone, waiting for a ride. Male will go inside.
12/11/2010	Suspicion. Male in lot highly intoxicated. In the lot trying door handles. White male with blue jacket. Male was possibly let into the building . Officer out with male on Bonnieview. Male lives there and has gone to his apartment.
12/27/2010	Disturbance. Apt. 310. Parties arguing. Family argument. One of the sisters is leaving and that should solve the problem. Advised.
1/4/2011	Assist – Rescue Squad. Female is having emotional problems. Voluntary transport.
1/6/2011	General Complaint. Would like to speak with an officer about custody issues. Office spoke with mother and she stated that she would contact the school tomorrow and get her son in school. She also said that if the father applies for joint custody she would not contest it. All parties advised.

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