Council overturns veto 6-3

The decision has been made, but the controversy continues. \nMcDoel Garden was declared a conservation district by a vote of 6-3 in a city council meeting Wednesday. The council overruled Mayor John Fernandez's veto of the decision made at the Feb. 9 meeting. The vote was identical in both meetings, with David Sabbagh (R-5), Jeffrey Willsey (D-4) and Jason Banach (R-2) voting against the petition.\nMcDoel Gardens will be a historic conservation district for three years, after which a public vote will be taken to decide whether the status should be discontinued. \nBut many in the community said they were disappointed. The mayor said approving the legislation, in his opinion, was not the best decision for the properties within the district or the community as a whole. \nJim Billingsley, secretary of the Monroe County Taxpayers Association, said it was expected that the veto would be overturned. But Billingsley said the decision had done an injustice to the residents. \n"The ruling took away the basic right of property owners in the district to control their own property," Billingsley said. He said more than 50 percent of the community had been against the proposal.\nSabbagh, the councilman for the district, also expressed disappointment with the council's decision. He said he was not against declaring the district a conservation district, and had an interest in preserving it. \nBut the legislation that allowed the petition to be approved and the process that led to it are flawed and needed to be improved, he said.\n"I am hoping that in the next few years we will be able to correct the flaws in the legislation and that this case would not set a precedent for other such cases," he said. \nSabbagh said the council was aware there was a flaw in the system and would work to change it.\nIn the meantime, Elizabeth Cox-Ash, one of two petitioners named in the proposal, said she was elated. It was the right decision for the neighborhood and the community, she said.\n"We were disappointed when the mayor vetoed it. He did not stand by his promise to support availability of affordable housing areas, but I am glad the council held its decision," she said.\nWillsey said he was not concerned the veto was overruled but that the process was flawed. The legislation needed to be amended, he said. Instead of a requirement of a 51 percent majority to overrule the decision when it came up for review, the burden of responsibility should be on those wanting to continue the status, he said. \nThe majority of the council recognized the problem and was looking for a solution, Willsey said. An amendment would give the people control of the decision, he said.\n"Because it has already been proved that the council can and would overlook a majority opposition … this is not in the best interests of the people," Willsey said. \nChris Sturbaum, chairman of the Bloomington Historic Preservation Commission, said those who were opposed to the decision were "fighting against something we weren't doing." \nHe said the petition sought to prevent people from tearing down houses in the area. He alleged some developers had stirred up fear among residents. Once the district is declared a conservation district, any purchase or sale of property or any demolition must have prior approval from the Historic Preservation Commission. This could hinder potential buyers. \nBut there are residents who feel differently, including Roger Hayes. He said the rules should be such that they give the people a chance to seek recourse if they feel their interests are being harmed. \n"As they exist now," he said, "there are no checks and balances in the rules."\nRobert Shaw, a former resident, expressed strong sentiments about the decision, although he is no longer directly affected by it. \n"The most appropriate thing I can think of is what I read somewhere. 'The only option for those opposed to change, is the cemetery,' and if that's what they want, they are welcome to it," Shaw said.