Council grants permit to assisted living home

The Mesquite City Council voted 4-2, to approve a permit to allow a Mesquite assisted living facility to continue to operate in the 2600 block of Beeman Drive with eight occupants in a single family residence. Dissenting votes were cast by Mesquite mayor John Monaco and Councilman Brian Hutcheson. Councilman Bill Porter was not present and did not vote.

The state mandates that the facilities be allowed in areas where single family homes exist for up to six persons. The city has no regulatory authority over the facilities as long as they are state licensed and meet all the state requirements. The city has the right to require a permit for facilities that seek to have more than the state mandated six occupants.

“There is very little we can do when we talk about a home with disabled people. They are a protected class,” said Richard Gertson, director of planning.

Sophya Milas of Sophya’s Assisted Living, applied for the permit after she discovered one was required. Milas’ state license permits her to have eight persons under her supervision at one time. The city of Mesquite’s code requires a conditional use permit for any assisted living facility with more than six occupants. Milas has been operating since 2003 and has never had any complaints filed against her.

“I am going to support this but this maybe the last one [I support],” said Dennis Tarpley, mayor pro tem. “When I first saw this I was opposed to it but from what I have heard of her and the way she runs her home I am leaning towards supporting it.”

One resident, Thomas Brashear, spoke against allowing the house to be permitted to have up to eight residents.

Brashear said that he had concerns about the types of people that are allowed in the homes based on the language used to describe disabled people by the state.

“I understand you can’t just restrict this to just elderly people,” Brashear said. “My objective is to ask council to deny the permit and to stay within the mesquite ordinance. I don’t want to establish a precedent that people can come to Mesquite and ask for seven to 15 people.”

Hutcheson concurred with the statements made by Brashear and voted against the permit.

“I appreciate the work you do and you do it well. My concern is a precedent being set for the number of occupants,” Hutcheson said.

Councilman Stan Pickett commented that Milas had asked the city previously if she needed a permit and was told. He said that when she learned she did, she immediately applied. He commended Milas for being proactive.

“During the entire time you have been here you have followed the rules and asked the city multiple times if there is anything you should be doing,” Pickett said. “I am very comfortable with what you are doing.”

The city council had previously denied a permit for another applicant to have more than six occupants after residents complained about problems with occupants of the home within the community.

Gertson said that based on responses they received; the city only had two facilities that were operating with more than six people.

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