Jackie Fritzke
Scandia area reporter

New Scandia Township resident Robert Anderson got ìanother arrow in his quiverî when the town board unanimously agreed to support an initiative for greater local control over the placement and regulation of community residences.

ìWeíre here tonight to ask you for your formal support for legislation to strengthen local regulation of group homes in Minnesota,î Anderson told the board. ìThis started earlier this year with a number of concerns throughout the township, but also statewide.î

Rumors that a proposed group home in Scandia would house sex offenders prompted nearly 40 concerned residents to ask the town board in November to place a moratorium on the construction of all group homes, or community residences, in the area.

Although the board has told residents repeatedly that the home was not, and never was, going to house sex offenders, Mica Group Homes, LLC then purchased the proposed site on Oland Avenue, renewing residentsí concerns in January that the moratorium was being ignored.

Anderson said the legislation is not focused on any individual home or residence, but a more general issue. Because residents have been told that there is little opportunity for a local or municipal government to regulate community residences, some have chosen to approach state Rep. Ray Vandeveer, he said.

The bill, which Anderson said does not yet have an author, has four key pieces that would allow local and municipal governments to:

Create up to a one-mile zone surrounding places of child congregation, require conditional use permits for any group home with three or more unrelated adults, set up to one mile of space between all group homes and require additional levels of care, security, training and certification for medical and security personnel ìwhere there is a perception of a threat to the community.î

Town Board Supervisor Michael Harnetty expressed concerns about a lack of support for the legislation.

ìAre we going to stand alone in this, or might someone else stand with us?î he asked Anderson. ìI read through some of the reports weíve got. It just sounds like youíre flying in the face of federal law.î

The Federal Fair Housing Act prohibits ordinances that would discriminate against persons with disabilities who wish to live in a certain area.

ìI mean, I wish you all the luck in the world on it, but youíre bumping up against the Fair Housing Act, the Americanís with Disabilities Act ... If Ray Vandeveer or anybody else is telling you they think they can do this for you, is that a hollow promise?î

Vandeveer hasnít told residents that he thinks he can get the bill passed, but he said he would try, Anderson said.

ìI think heís been very realistic and has been very encouraging, and I think has reached to some other colleagues that he has,î he said.

Anderson said he spoke with Vandeveer and others in the Minnesota House of Representatives who said there have been reports of problems and concerns about this ìbroad category of facilityî throughout the state. But, people are afraid to act on any of their concerns, Anderson said.

ìThere is a pretty consistent record across the state of communities that have been fearful, and their elected representatives, of taking action,î he said. ìFear in the face of some legal reprisal, fear in the face of public opinion, fear of a number of items.î

Vandeveer said last week that they are probably close to having legislation, but that they must be careful.

ìAt this juncture itís not finalized because itís complicated,î he said. ìWeíre trying to sort through what we can regulate in the first place as a state and then, in turn, what Scandia could regulate.î

Itís not that residents donít want group homes in their community, itís that residents want local governments to have more control.

ìI think one of the fears is that it would appear that local units of government that are responsible for health and safety have little to say about these group homes,î Vandeveer said. ìBut we want to be very careful. In many cases itís a good option for people who have problems. I think there needs to be a balance here. We will be very careful to hopefully find some balance in this.î

But Town Board Vice Chairman Michael Hinz didnít seem optimistic that balance could be achieved.

ìThatís why the state enacted the Fair Housing Act, because everyone had too much control,î he said. ìSo they were banned from everywhere.î

But even Hinz gave his support to ìan initiative for greater local control over community residences.î

The board will hold a workshop to discuss the study regarding the moratorium as well as Andersonís proposed legislation Monday, March 13.

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