New pitch made for drug, alcohol treatment center near Campton Hills

Maxxam Partners presented a list of nine new conditions Tuesday night in hopes of swaying a Kane County zoning board in favor of allowing a drug and alcohol treatment center just outside Campton Hills.

But most were promises critics believe Maxxam can't keep.

The new conditions come after the Kane County Board rescinded an earlier action that accepted a zoning board recommendation to deny the 120-bed treatment center. Tuesday night's hearing targeted any new reasons the zoning board should change its recommendation.

Andrew Kolb, an attorney for Maxxam, presented the nine conditions to the zoning board, which could be modified only by future action by the county board:

• Maxxam would provide 1,000 Narcan doses to the county each year for 10 years.

• No additional buildings or infrastructure.

• No outpatient treatment of methadone patients or any other program that solely administers medications on an outpatient basis.

• Patients would be private pay only (no Medicare or Medicaid).

• Maxxam would submit a full security plan.

• Maxxam could not transfer permits to any other entity.

• The facility would be licensed by the state.

• Maxxam would pursue accreditation by the Joint Commission of Accreditation of Health Care Organizations and the Commission on Accreditation of Rehabilitation Facilities.

• Maxxam would pay all costs and recovery fees for patients and any persons on the premises who require fire and/or emergency medical services to the fire district.

Kolb also reminded the zoning board that federal fair housing laws are "designed to prevent the not-in-my-backyard mentality with regards to the disabled in our community."

Maxxam had threatened to file a $68 million civil rights lawsuit if the county board did not provide "reasonable accommodation" to reconsider the treatment center application. The county board voted to reconsider shortly after the threat.

Kolb testified Tuesday that the treatment center would be the "highest and best use" for the former Glenwood Academy site, which has been vacant since 2012.

Kolb said the treatment center would not be detrimental to the surrounding community and would improve it by providing treatment to those in need.

But county staff members and objectors zeroed in on the list of nine new promises, saying it appears several of the promises might be legally or practically unenforceable.

The Kane County state's attorney's office would need to issue an opinion on the promises to restrict the facility to private pay and pursue reasonable efforts to achieve professional accreditation, among others.

Kevin Carrera, an attorney for one of the residents objecting to the facility, shared the concerns of county staff members.

Then he took it a step further, saying the only actual new promise by Maxxam is to provide 10,000 doses of Narcan.

That promise, at best, has nothing to do with the successful operation of the treatment facility, he said.

"Mr. Kolb said this (Narcan) is a gesture of goodwill," Carrera said. "I don't see this as goodwill; I see this as pay-to-play politics."

Kolb was unable to state the actual value of the Narcan doses.

He said it is an act of goodwill based on Maxxam's examination of recent county expenses. Based on a recent Narcan purchase by Kane County, 10,000 doses would cost about $265,000.

The zoning board did not conclude its deliberation Tuesday night. It did vote to compel the principal partners involved with Maxxam's application to appear to answer questions at a continued public hearing Thursday night.

However, Kolb stated Maxxam will present no further witnesses for questioning.