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City Council Packet - 05/06/2010 Meeting Hosted by the City of Tigard Neighborhood and Oxford House Discussion Thursday, May 6, 2010 - 6 :30 -8 p.m. Tigard Public Library Community Room Present: • Eryn Kehe, Facilitator City of Tigard Officials • Mayor Dirksen • Councilor Buehner • Councilor Henderson • City Manager Prosser • Community Development Director Bunch • Police Chief Orr • Assistant Chief Bell • Police Officer Tillotson • Police Public Information Officer Wolf Neighborhood Representative • Chris David Property Owners • Scott Zwingli • Susan Zwingli Oxford House Representatives • Jimmy Williams • Rick Lambert • Annie • Frank General discussion notes: • Mayor Dirksen — welcoming remarks and introduced Facilitator Kehe. • Facilitator Kehe — Reviewed groundrules of discussion. • Neighborhood Rep. David — Read a prepared statement. Main points: o Understands the needs for facilities such as the Oxford House, but there are better places to locate such a facility than this neighborhood. o Asked that the plans to open this facility stop. o Asked people in the audience to stand who support the request that this be stopped. o Concerned that the residents of Oxford House will not respect and have the vested interests of the neighborhood. o Concerned about decline in market values of homes. o Concerned about safety: criminal behavior in general, criminal activity in Englewood Park, protection of children, elders and those who are physically challenged. o Concerned about the residents of Oxford House; i.e., their addictions, criminal backgrounds. Neighborhood and Oxford House Discussion Page 1 o Concerned about the lack of rules and enforcement of rules that might be in place. o Talked of the home containing six bedrooms and limited amount of common space. o Concerned about the increase in traffic and noted a hairpin turn that is a traffic safety matter. 25 mph is not a safe speed. New drivers continually injected to the area who are not familiar with the area o Did not know homes could be converted in this manner. o Oxford House personnel are not fully trained. o Oxford House does not have the resources to succeed. o Increase in nuisances; decrease in privacy. o Limited access to this area — only three ways to access this location. o Noted lack of consideration: no notice, bully tactics, adversarial situation. o Trust has been destroyed. o Asked the property owners if they fully considered the ramifications of the Oxford House locating at this site. o Understands the noble person who tries to help those with addictions but asked for understanding of the neighborhood's perspective. o Reiterated several times the request to stop the plans for an Oxford House at this location. • jimmy Williams for Oxford House o Reviewed the purpose of Oxford House and how residents are allowed to become a part of the household. o Reviewed that this will house up to seven men and up to three children o Background checks are done on potential residents. o No residents with history of opiate addictions are allowed. o Residents consist of people trying to get on the right track. o Referred to responses to written questions from the neighborhood (Attachment 1). o New residents allowed upon receiving a vote of acceptance by 80% of the household. o Residents must abide by standard rules. o First 30 days are probationary. o If there are behavioral issues, resident is placed on a behavior contract, which needs to be accepted by the whole household. o Reviewed the circumstances under which a resident could be evicted with 24 -hour notice. o Accountability within household expected; mentors are there to help residents. o In response to a question, each person is accountable for own actions. o The lease is signed by the House as an entity, "Englewood Oxford House." o In response to a question, the neighborhood does not get to vote on membership of the household, only the members of the household can vote. o Audience member expressed frustration about not being able to participate or have a say about this type of house being sited into the neighborhood. Oxford House is considered to be a single - family dwelling; Mr. Williams is willing to talk to members of the neighborhood. • Property Owner — Scott Zwingli o Advised constraints for him as landlord under the Fair Housing Act (FHA). Neighborhood and Oxford House Discussion Page 2 o Commented on how this situation developed with regard to information among the neighborhood. • City of Tigard Community Development Director Bunch o Explained Tigard Code as relates to this household living facility, which requires no land use review or a permit. Distinguished this use from a Conditional Use situation. o The way this house has been described, the use is an outright permitted use. • City of Tigard Police Chief Orr o Gave information on Police Department's charge to provide safety. Advised of procedures for calling if there is an emergency — call 9 -1 -1; if not an emergency, call 503 -629 -0111. o Officer Tillotson assigned to this neighborhood and will monitor the Oxford House. o Police Department depends on help of everyone to be aware and report problems. o Explained how speed limits are set by the Oregon Department of Transportation (ODOT). o Tigard has a low crime rate; Englewood Park experience has been no different than any other area of the City. o Police activity responding to crimes can be viewed online on the City's website. • Property Owner Scott Zwingli o Responding to concerns about potential problems to the neighborhood and the uncertainty about any new neighbor. This home will be monitored along with efforts to ensure safety. o Noted the willingness of Mr. Williams to meet and the presence offered by the Police Department to help the neighborhood with this endeavor. • Discussion topics o Referred to the rules set by FHA in that, if there is a safety issue (including traffic safety) then a household like the Oxford House could be denied. Oxford House, as its function has been described to the City, appears to meet requirements and falls under the guidelines of FHA. o Kerry Johnson, Sr. Civil Rights Investigator from BOLI, advised that BOLI administers FHA and disability protection laws. Safety issues as referenced in the bulleted item above must pose an imminent danger; cannot be hypothetical. o Property owner responded to questions from neighbors. Noted the variety of contacts he has had. Some neighbors supportive and others vehemently opposed. Asked for people to keep an open mind. Said there has been some misinformation causing great concerns among the neighborhood. o Property owners of Oxford House described how the leasing of the property transpired. There was acknowledgement that communication could have been done better and apologies were made. Responses from the neighbors were quick and intense. o Lease terms are not public information; however, house rules were provided to those present. A copy of what was provided is attached (Attachment 2). o Oxford House has been asked to limit number of vehicles to three or four. Limit of one guest per tenant or as approved. Meetings at the home will be as approved by the landlord and Mr. Williams. o Cannot discriminate, but rules can be created. Neighborhood and Oxford House Discussion Page 3 a Neighbors appealing to landlord to understand their concerns for children, property values, and safety. o Discussion again on market values and how this might impact sales of property in the neighborhood. o Concerns expressed not only about vehicle traffic but increased pedestrian traffic. o Lack of privacy a problem. Property owner agreed to installation of a 6 -foot fence. Concerns expressed about a window overlooking next door property. Need further discussion about how to address. o Lease is a two -year lease with a right of renewal — it is not an automatic renewal. o Testimony given on value of Oxford House and the need to help each other out. o Mr. Williams explained how initial residents are selected by a committee at the county level. o Mr. Williams and Oxford House reps responded to questions about insurance. As employees, members might have access to medical insurance. There was a mention of homeowners' insurance on the home. o Number of people allowed to live at this home is the same that would be allowed to live in any other residential home. o Community Development Director Bunch explained City had at one time a definition of "family "; however, the Code was amended to comply with FHA and the definition was dropped. o An Adult Foster Home, according to one person from audience, has a number of regulations to follow; these regulations do not appear to apply to an Oxford House. • Next Steps o Copy of Rules and Regulations for Oxford House to be made available to the neighborhood. (Attached) o Review of crime statistics within the neighborhood (monitor online on City's website). o Develop a comprehensive communication plan. o Six -foot high fence to be built for one neighbor. ▪ Concluding comments o Mr. Williams willing to work with the neighborhood. o Police Department has police officer, Officer Tillotson, assigned to this neighborhood. o Pointed out several other areas in Tigard that have either an Oxford House or a house similar to an Oxford House. o Encouragement for neighbors and Oxford House representatives to keep lines of communication open. Notes prepared by City Recorder Cathy Wheatley I: \ADM \CATHY \CCM \2410\050610 Neighborhood Meeting - Englewood Oxford Housc.docx Neighborhood and Oxford House Discussion Page 4 Attachment 1 OXFORD HOUSE Q &A -- Questions from the Neighborhood Resident Selection 1. What configuration can we expect of the residents? (male, female, with or without children and quantity) It will be a men with children home. 2. What are the acceptance criteria? Must have 30 days clean willingness to follow all house rules and expectations, and be accepted through a vote of 80% of the members. 3. Are background checks performed? All states? If a member or potential member is currently on probation I do have direct contact with community corrections. We do go to sex offender search. 4. What would disqualify a potential resident? Sex offense, Arson, active addiction (failed urine analysis), no methadone or other opiate blockers, and not making the 80% vote by the voting body. 5. What is the level of offender allowed to live in the house? If a person has a questionable past and has effectively changed the behavior and is willing to follow all the rules and charter conditions it is a case by case basis. Rules 6. Are there standard rules or restrictions for behaviors in the house and the neighborhood? Standard good neighbor policy and we have handed out house expectations. 7. Are there rules of confinement (curfews) for the residents? There is a probationary period of 30 days for all members of the house with curfews of 10 pm. This is for the members to get to know each others' behaviors and so that if we notice any changes to behaviors we can hold that member accountable with either an eviction notice or contract to change the behavior, which will be served with an eviction notice in case the behavior does not change. As Oxford members, we do not want to live around disruptive behavior. 8. Will there be any restrictions for the number of vehicles, where they park and the vehicles of visitors? We will only allow the number of vehicles that will fit in the driveway and garage (the lease states 4 or 5). Most residents in Oxford houses do not drive. 9. What are the rules for visitors and what will be done to minimize disruption to the neighbor? Visitors are expected to follow the same rules as members of the house. Members are responsible for their guests and will be held accountable for guests. 10. How will the rules be enforced? Relapse and criminal activity will be a 24 hr notice, no question. For a minimum of 90 days, 1 and the local chapter officers will be present at the house to make sure all members are following the Oxford House Model. After that time it is up to the core members of the home. We also have chapter meetings once a month were we get house reports and we have learned to look for any red flags and will investigate any problems. 11. What are the consequences of violating rules for the residents? Depends on severity of violations. If it can not be handled with a behavior contract or it continues, the member will be asked to leave. 12. Is there a level of warnings or escalation of violations? Yes as recovering individuals, we know the signs and will deal with them accordingly. Evictions 13. What is cause for eviction? Relapse, disruptive behavior, non - payment of rent, criminal activity. 14. In the event of an eviction will the neighborhood be informed? No. 15. Those who are evicted — where will they go and what prevents them from returning in retaliation? Members fill out a plan for recovery and in a case of relapse we will look to see what the relapse plan says and assist the member to follow the plan. As Oxford House we have ORS's we follow and can and will call local officers to arrest anyone not leaving for relapse or if criminal activity is happening we will also work with police and corrections to deal with those involved. Members who are evicted do not want to be around people who are doing the right thing and I have not seen anyone returning to a neighborhood causing problems. If this happens, police will be called. 16. What protection is in place from a resident that doesn't take eviction well and engages in retaliatory behavior? We will have them arrested. Accountability 17. What accountability does the Oxford House organization have for the behavior of residents and impact to the neighborhood? Again, we are good neighbors and are expected to be positive members of society. Remember this is a home for men who have the desire and want to stay in recovery; we are not a mandated house. If any of the community members notice anything of concern please contact me, any state or chapter officer, or the police. 18. If an Oxford House resident commits a crime with a victim or vandalism, who has liability - Oxford, Zwinglis? The Member is responsible for their actions. 19. Who is primarily responsible for the house and the conduct of the residents? The members will hold each other accountable and if we see any signs of that not happening, the officers will step in and do whatever is necessary. 20. Who are the legal entities involved in the rental/lease of the home? Oxford House Englewood Park and the Landlord (Scott). Requests 21. Can a neighbor representative be selected by the neighborhood to be a voting member of the house democracy? No. 22. May we have a copy of the standard rules for the house and any additional rules made by the residents including future changes? Yes, I passed out the house expectations at the meeting. 23. We would appreciate a comprehensive plan of who to contact under what circumstances for distribution to the neighborhood; Good Neighbor Agreement or similar. We agree to provide you all that information. Attachment 2 The Sky walker House Expectations The following is a list of expectations that house members, both new and old, are expected to abide by. The keys to living together in harmony are courtesy, respect, and common sense... all of which we lack from time to time. Remember, we all should be trying to live a new, better life, and our actions should reflect as much as we embark on this journey called recovery. We wouldn't be doing our members any favors by enabling them to exhibit behaviors that are detrimental to their recovery or the recovery of others. As well as a friendly, these expectations serve as the guidelines of responsibility and accountability for our members. Failure to adhere to these expectations could result in behaviors that may be considered disruptive to the household and ultimately be cause for a member to be asked to leave. 1. Do unto others, as you would have them do unto you. 2. Know your rights and responsibilities. Learn these house expectations, and if you are not sure about something ask someone who knows. 3. Upon admittance, new members will be required to partake in a 30 day "orientation ". The purpose of this orientation period is to allow the current house members the opportunity to become aquatinted with the new member, discovering their personality and patterns, and helping them become aquatinted with all aspects of living in this Oxford House. These house expectations must be read before a key is issued, and the acceptance of any financial payments. During this period the new member may NOT spend nights away from the house, will have NO overnights guest, and MUST be in before 10 :00 pm Sunday through Thursday, and midnight Friday and Saturday. 4. Weekly house business meetings are mandatory. Important decisions are made at these meetings, and your voice and vote are equally as important. Our meetings are currently on Sunday nights and begin at 7:00 pm. You are expected to be on time. Chronic tardiness is not acceptable. Excused absences may include after -care treatment, work, or medical emergencies only. Unexcused absences will result in a $25.00 fine. 5. Violence will NOT be tolerated. Authorities will be called if necessary, and all members involved will be expelled immediately. 6. it is strongly recommended that all members regularly attend 12 step meetings, use a sponsor and work the steps. Meetings may be made mandatory on a case by case basis. 7. Think safety. Be responsible with candles, irons, heaters, or anything that might burn down our house. There is NO smoking inside the house or in the bedrooms, all smoking is down outside. Don't leave objects lying around that others may trip over or otherwise injure them. 8. If, for any reason, your doctor prescribes a medication, narcotic or otherwise, for you to take; the house MUST be notified immediately. Any apparent abuse of any medication will considered a relapse. All medications must be stored in your room and subject to a pill count by the members in the house at any time. 9. Do NOT steal or "borrow without permission" anyone else's personal belongings, such as food, personal hygiene items, tools etc. 10. Pick up after yourself in all common areas, such as the kitchen, bathrooms, and living rooms. This includes personal items such as shoes, jackets, books, food and dishes. Leaving a mess behind for someone eke to deal with is disrespectful and irresponsible. 11. Keep your bedroom sanitary at all times, and preferably neat and tidy. Remember, someone else will occupy it someday. 12. Do NOT keep house property in your room. Replace items promptly after using them. Someone else may need to use them too. This includes cups and dishes, cleaning supplies, and any other household items. 13. Do NOT take house property off the premises without the approval from the majority of the house members. 14. Do NOT enter another member's bedroom without their permission except in an emergency situation, while accompanied by another house member. 15. Absolutely NO firearms, live ammunition or explosives are allowed on the premises. 16. Keep shower time to a minimum. Others like warm water too. 17. House chores must be done thoroughly and in a timely manner. They are to be done on Thursday and Sundays. 18. Anyone suspected of using drugs or alcohol by a majority vote of the house members will be immediately expelled from the house. Anyone who fails a drug or alcohol test will be immediately expelled from the house without a voting process. This is in place to protect all members and their children who may live in the house. 19. Keep noise level at an acceptable level, especially between the hours of 10:00 pm and 10:00 am. Be aware of the other members work schedules. Noise includes TV's, stereos, voices, stomping, slamming, vacuuming etc. 20. If you damage or break something, whether it belongs to the house or another member, fix it correctly, replace it with the same item, or if it needs the attention of the house, notify the house. 21. Turn off lights, heaters, TV's, stereos, coffee pots etc, when not in use. 22. If you plan on spending the night or several nights (as in the case of vacations or camping trips) away from the house, you are expected to inform the other members of your intentions, both as a courtesy and to avoid any suspicion. If no one is available to notify, write a message on the board or leave a voice mail on the house phone. Make sure your responsibilities are taken care of prior to leaving, such as chores, house officer duties, and shared expense payments. 23. When doing laundry do NOT expect others to finish what you started. You should be available to move your clothes from the washer and dryer, or arrange to have someone do it for you. Do NOT wash more than one load at a time if others are waiting to use the facilities. 24. Be courteous when answering the phone. Do NOT answer the phone "Oxford House ", for it is up to each individual to disclose that information, and do NOT divulge information about others without their permission. Take messages thoroughly and write them on the board. Do not erase other member's messages before they have had a chance to hear them. We have call waiting, so if a "beep" interrupts your conversation, either click over to the incoming call or check the message when you are done with your call and relay the message to who it was for. If others are waiting to use the phone, please limit your call to 10 minutes. 25. You are responsible for your guest. If your guest exhibits disruptive or relapse behavior, you will be held accountable and face the consequences for their actions, so be careful of who you invite over. Your guest will not be allowed to stay overnight for more than 3 nights a week. This house's weeks begin on Monday and end on Sunday. Members of the opposite sex, other than your children, must be at least 18 years of age. Be respectful of others' guest. 26. If your guest or your children fail a drug or alcohol test, they will be expelled from the house for a minimum of 30 days. If your child does not have a safe place to go, "a family member, friend's house etc" then the member of that child will be expelled immediately. The house will also call for an emergency house meeting regarding any of these situations on that member. 27. An emergency house meeting can be called when a crises arises. All members will be given a 24 hour notice for an emergency meeting, either by person, phone, or the message board. This gives all members the time to make what ever arrangements they need to do to make it to the meeting. It is very important that all members are present to share their voice and vote. 28. All terms and conditions of the house lease must be adhered to. Ask to see and read the house lease. 29. Written contracts will be drawn up for members exhibiting behaviors that are not conductive to recovery or the general welfare of the house. These contracts are intended to eliminate disruptive behaviors so being asked leave doesn't become necessary. 30. The monthly share of expenses "rent" must be paid on time. At this house the monthly share is $400.00. Also a move -in fee of $100.00 will be required upon moving in. This fee currently non refundable, a 2 week notice is requested and all debts to the house must be current, your room left in good standing, and your chores are completed. A late fee of $25.00 will be assessed for your shared expense "monthly rent" payments made after the 5 of each month, and if you are not current on your shared expense you will put on a payment plan arrangement to become current. The move -in fee will deducted from any initial payments before membership fees are tallied. 31. Weekly house chores must be done thoroughly and in a timely manner, per the chore description, and checked off by the house Chore Coordinator. Failure to do so may result in a fine. First offense constitutes a verbal, documented warning. Second offense constitutes a $10.00 fine. Third offense constitutes a $25.00 fine, and a contract to remedy the behaviors will be drawn up. If a members goes 90 days without ant offenses, their slate will be wiped clean as if no fines were ever issued. 32. All members are expected to take on an equal share of the responsibilities of operating this household. This means they are expected to do their fair share of work, and uphold the duties and responsibilities of the house officer positions when they are called on to do so. 33. Members may only park 1 vehicle on the premises. Additional vehicles will require a house vote. , have read and understand these house expectations and agree to abide by them. Any questions I may have had have been answered and explained to me. New House member signature Date Witness signature Date 11 • T I GARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of a Potential Quorum on May 6, 2010 STATE OF OREGON) County of Washington) ss. City of Tigard I, (� , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified e following organization by fax : [ Newsroom, Tigard Tones and the following people/organizations by e -mail: L Brad Schmidt, The Oregonian ( bradschmidt @news.oregonian.com) Llr� Listings, The Oregonian ( Listings (cr�, news.oregonian.com) Editor, The Regal Courier (Editor @theregalcourier.com) Geoff Pursinger, Tigard Times (gpursinger a),coimmnewspapers.com) A copy of said Notice being hereto attached and by reference made a part hereof, on the L i/ day of 2010. . 7 /0 67 e / 14( Signature o Person who Performed NZA, fication Subscribed and sworn (or affirmed) before me this day of,—, ci,c -, 2010. (21-16t:' 2tra' %gnature of Notary Public for Oregon 0 OFFlGIAL SEAL GAT HEIIE 0 MtHEATLEY - el NOTARY PUBLIC -ORES " COMMISSION NO. 41023 MY COMMISSION EXPIRES AUG, 04, 2011 POTENTIAL QUORUM OF TIGARD CITY COUNCIL MAY6,2010 1/ 11 6:30- 8 :00PM TIGARD LIBRARY COMMUNITY ROOM TIGARD 13500 Ste' HALL BLVD. TIGARD OR 97223 NOTICE THERE MAY BE A QUORUM OF TIGARD CITY COUNCIL PRESENT AT AN ENGLEWOOD NEIGHBORHOOD MEETING TO DISCUSS SITING AN OXFORD HOUSE ON MAY 6, 2010 FROM 6:30 -8:00 PM AT THE TIGARD LIBRARY COMMUNITY ROOM Please forward to: ❑ Newsroom, The Times (Fax No. 503- 546 -0724) ❑ Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) ❑ Brad Schmidt, The Oregonian ( bradschmidt @news.oregonian.corn) ❑ Listings, The Oregonian (Listings @news.oregonian.com) ❑ Editor, The Regal Courier (Editor('t7theregalcourier.com) For further information, please contact Deputy City Recorder Carol Kroger by calling 503 -639 -4171, ext. 2419. Deputy City Recorder Date: 291 `/(© Post: Tigard City Hall Tigard Permit Center Tigard Public Library Caro[ Krager From: Carol Krager Sent: Tuesday, May 04, 2010 11:47 AM To: ' gpursinger @commnewspapers.com'; 'Brad Schmidt; 'Listings @news.oregonian.com'; 'Editor @theregalcourier.com' Subject: Notice of Potential Quorum of Tigard City Council on May 6, 2010 Attachments: Carol Krager.vcf; Potential Quorum at Englewood Neighborhood Meeting re Oxford House.pdf Attached is a notice that there may be a quorum of Tigard City Council present at the Englewood Neighborhood Meeting on May 6, 2010. The topic of the meeting is the siting of an Oxford House. As always, please call if you have any questions. Thank you. pi City of Tigard s Carol Krager Deputy City Recolder 131.5 SW Hall Blvd, Tgard, OR 97223 {503) 718 -2419 carolk @dgard -or , you 1 T I GARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of a Potential Quorum on May 6, 2010 STATE OF OREGON) County of Washington) ss. Ci of Tigard r ) I, s '1 , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in y Tigard City Halt, 13125 SW Hall Boulevard, Tigard, Oregon Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon Tigard Perrrrit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of the Special Meeting on May 6, 2010. A copy of said Notice being hereto attached and by reference made a part hereof, on the y day of /1/1 (,.. , 2010. Signature of Person who Performed Notification Subscribed and sworn (or affirmed) before me this day of -L-f , 2010. ioa Signature of Notary Public for Ore ,.." 4F mat ti1 q : : _CA R ART1044 }. 4 2 04, 2011 to COMMISSION 11 o ENTLAL QUORUI4 OP 'IG,ARD CITY. COUNCIL III , MAY 6, 2010 ■ 6:30 — 8 :00 PM TIGARD LIBRARY COMMUNITY ROOM . TIGARD 135,0 SAX' H IL BEM. TIGARD OR 07223 ,_' NOTICE — THERE MAY BE A QUORUM OF TIGARD CITY COUNCIL PRESENT AT AN ENGLEWOOD NEIGHBORHOOD MEETING TO DISCUSS SITING AN OXFORD HOUSE ON MAY 6, 2010 FROM 6:30 -8 :00 PM AT THE TIGARD LIBRARY COMMUNITY ROOM Please forward to: ❑ Newsroom, The Times (Fax No. 503- 546 -0724) ❑ Geoff Pursinger, Tigard Tunes( gpursinger@commnewspapers .com) ❑ Brad Schmidt, The Oregonian ( bradschmidt (cr) news.oregonian.com) ❑ Listings, The Oregonian (Listingsnnews,oregooian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) For further information, please contact Deputy City Recorder Carol Kroger by calling 503 - 639 -4171, ext. 2419. Deputy City / R ecorder ? / Date: / Gt L� j X) /0 Post: Tigard City Hall Tigard Permit Center Tigard Public Library