Sunday, January 25, 2009

Senior Center Case: Settlement not Payoff..

CITY PAID $74.000.00 for
SCHWAB's STIFF NECK ATTITUDE
and he got a raise.

The way the press is covering the Senior Center Lawsuit Settlement is as if the people who brought suit were Paid Off and the Money was their only goal.

This is not true.

The Law Suit was a direct result of the City Manager and Corporation for Better Housing not doing what is required to have a development be accepted in a neighborhood where Zoning changes were allowed without Public Consideration.

The City Planning Department did not require a EIR...
The Plans were for 3 Story Buildings and a Higher Density
The Plans were to put the building closer to the adjoining Neighbors.
The Plans did not address fence and Noise Issues
The Plans did not address street and parking Issues.
The Plans did not agree with the already existing Barton Rd Plan where pre existing Senior Citizens Housing is Located and Public Transportation and Retail Facilities are available to Pedestrians.

Now, because the City and the Developer took such a stiff neck approach a group of citizens did bring them to Court.

The Court ruled that there needed to be an EIR... One was done...
But the EIR Done was to a Revised Plan...
Revisions: 2 Story Buildings not the Original 3
Defined Air Conditioners
Defined Fences and Parking and Street Accommodations

THE APPEAL:
Was in part because the Complainants are still concerned that Parking is not sufficient for the Residents of the Senior Apartments and the Senior Center. Which will result in the "Senior Center" being used only by Senior Apartment Residents. The lack of Parking for the "Public Park" and Restrooms for the "Public Park", amongst other issues.

In addition to the other Issues. The Legal Fees were to be "Split" by the parties as the court determined that both had a vested interest. This left a few citizens with a large legal fee which was a direct result of the City and Developer's bad actions. So settling on the LEGAL Fees is not a settlement with some sort of unreasonable or unproductive aim. IF the City and Developer had been better at their Jobs to begin with the Legal Fees would not have been incurred.

The issue of Parking remains on the table. It is not in the Court but it is on the minds of the Senior Citizens who live in GT and Use the Senior Center, and the Citizens who want to use the park. The issue of lack of public transportation and retail facilities is also a continued issue that new residents to the project will have to resolve for themselves if they move in without a car. So the Citizens who brought these things to the Court, did make changes that were not going to be made otherwise, and they have informed the Public of the remaining problems pending the development. They have "Settled" on getting done what they think they could get done not for their personal benefit but for the benefit of the Future Residents of the Senior Housing, and the Community. Side walk along Canal St. to the Retail area would be helpful for some able to walk on level ground.

Thank you... The Management of Tom Schwab cost the Project and city this money not the citizens group that brought the court case.