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1 man in spotlight over Brown dispute
By JIM ROSS
© St. Petersburg Times, INVERNESS -- Gary Maidhof's ears must have been ringing Wednesday morning. Lawyers constantly mentioned Maidhof, the county's director of development services, as they verbally sorted through the contentious Brown Schools zoning challenge. Was Maidhof correct when he interpreted the Land Development Code? What parts of the code did he consider? What deference, if any, does Maidhof deserve when a judge reviews his work? And so on. A state administrative law judge took it all in during a two-hour hearing. Maidhof wasn't present. Under typical circumstances, the dry back-and-forth discussion of a county employee's work wouldn't attract much notice. But in this case, the result could have a major effect on Brown and Black Diamond. Residents of the upscale community say Maidhof erred when he made a zoning decision that automatically cleared Brown to set up inside the former Heritage Hospital building off County Road 491 north of County Road 486. If the state judge agrees, Brown may have to re-apply for zoning clearance -- only this time, it would face a series of public hearings. "It's not a question of them being denied" permission, said Clark Stillwell, an Inverness attorney who represents Black Diamond. "It's a question of them having to go through the process." Brown argues that Maidhof did the right thing and said his zoning ruling should stand. The judge, Donald Alexander, promised to render a written decision this summer. Meantime, Brown has other matters to settle: Its state regulator, the Department of Children and Families, will decide in the next month whether to extend Brown's contract. And that same agency continues to demand better performance from Brown, which it hired to provide residential treatment for emotionally disturbed adolescents. During the Wednesday hearing, conducted in a classroom at the Withlacoochee Technical Institute, the judge considered two zoning challenges. One came from Black Diamond, its property owners association and two residents; the other came from Black Diamond resident Marvin Query, whose property abuts the Brown campus. The arguments essentially were the same: Maidhof made the wrong zoning decision. Stillwell, who represents Black Diamond, noted that in 1986 the County Commission approved a "planned development" on which Heritage Hospital would be built. The land had been zoned for agriculture. By Stillwell's reading, the commission was quite specific in approving a plan that allowed the developer to build a psychiatric hospital that would provide treatment for drug and alcohol abusers. Heritage's owners received licensure for such a facility. Heritage stopped operating a few years ago. When Brown decided to move in, Maidhof ruled that Brown basically would be engaged in the same sort of business. In other words, the ownership would change but the use of the property really wouldn't. According to the land code, there would be no need for public hearings. Stillwell said Brown was, and is, quite different from Heritage. The state licensing is different. The patients are younger. Brown isn't operating a hospital. Heritage, when applying for its development permission, specifically said criminal suspects would not be part of its population. "Brown Schools does have the criminal element present," said Julie Hions O'Kane, the Orlando lawyer who represents Query, the Black Diamond resident. She referred to the residents who have pending cases in the juvenile criminal justice system. Brown recently announced it no longer will receive such residents, who are part of the state's "incompetent to proceed" population. But the program was operating when the appeals were filed. Stillwell said the state judge need not grant Maidhof any particular deference; the zoning matter involves interpretation of documents and the county employee, though experienced and skilled, does not enjoy any presumption of correctness. Brown's local lawyer, Jim Neal of Inverness, said the Black Diamond appeals were "an attempt to rewrite history." He said the 1986 ordinance wasn't nearly as restrictive as Black Diamond has portrayed it. The language clearly allows for a psychiatric treatment facility, which is what Brown operates, and not just a "hospital." Likewise, the original developer was given permission to treat patients of all ages, not just adults. And the order grants general flexibility for minor changes. Neal said Brown's operations have been consistent with the 1986 order and has not sought to make any major changes that would trigger a formal zoning review that includes public hearings. Accusations to the contrary, he said, are evidence of "political mischief" and based on inaccurate information about what Brown is doing. Alexander, the judge, asked lawyers to submit proposed orders by July 20. He then will issue an order 20 or 30 days later. In other Brown matters: Former Lecanto director Matt Leary has pleaded not guilty to charges of evidence tampering and failure to report a child abuse allegation. Brown has assembled a citizen advisory council whose first meeting will be June 8. The Florida Department of Law Enforcement said its investigation of Brown continues, with agents interviewing current and former employees. That investigation led to Leary's prosecution. PREVIOUS COVERAGE2 at Brown Schools disciplined More trouble at Brown: Former director arrested Brown critics unsure of change's impact Brown Schools might halve load Two investigations generate new Brown Schools concern News good this year for Brown Schools Brown releases plan to improve Report finds problems at Brown Schools Incidents at facility increase concerns Officers catch Brown Schools' boys Facility zoning faces challenge Police visit new youth home often Brown Schools await zoning review
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