DAPHNE, Ala.—While Townsend Recovery has officially left the Mercy Medical facility, spillover from the opiate-treatment center controversy remains.

About 40 residents attended a public hearing during Tuesday’s City Council business meeting to air grievances and hear feedback from council members. At issue was what would be “suitable use” for Mercy’s property, Councilwoman Cathy Barnette said.

Barnette drafted a revision of Daphne’s Land Use Ordinance—relating to clinics and special exemptions in residential areas—that would have mandated changes in use of the Mercy Medical campus to require public input. It also would require the Board of Zoning Adjustments to review definitions of permitted uses on the facility’s campus.

The resolution failed to carry when Barnette’s motion did not garner a second, a necessary part of procedure under Robert’s Rules of Order.

Fellow council members questioned the legality and effectiveness of Barnette’s proposed resolution.

“I don’t think the resolution would be worth the paper it’s written on if we pass it,” Councilman August Palumbo said.

The proposed resolution could leave the city vulnerable to legal action from Mercy Medical, according to Coouncilman Ron Scott.

“Should we allow what does or doesn’t go into the facility, I think we’re open to litigation,” he said. “When we start singling out entities, whose administration presides out of town, we risk a lawsuit.”

“Are we in a position that we can dictate what kind of clinic Mercy Medical can have on its property?” Councilman Derek Boulware asked.

The vacancy from Townsend’s departure has some residents concerned with Mercy Medical’s future plans. Fears of a similar drug clinic moving into the neighborhood—or Townsend’s return—were addressed.

“Townsend announced they are closing,” resident Christopher Hill, representing the Olde Towne Daphne Association, said in a presentation. “If they decide to return to the Mercy Medical location on Villa Drive, public involvement and a public hearing should be required prior to approval.”

The city allowed the for-profit Townsend to move into the non-proft Mercy Medical campus without Board of Zoning Adjustments approval or notification provided to area residents, according to Hill.

Townsend founding member Adam Pollack addresed the council on behalf of the recovery center.

“I felt that we had to come tonight,” he said. “Olde Towne did not run ‘Dracula’ out of town.” Townsend has cited economic harship as one reason it decided to vacate Mercy’s facility.  Townsend had been leasing part of the first floor of Mercy Medical’s administration building.

Pollack also spoke about alleged increased criminal activity—a claim some residents made that police reports discredited—in the neighboorhood surrounding the facility.

“I doubt that the seven or eight patients we had at any given time caused any crime,” he said. “Don’t make this a witch hunt.”

Some council members doubted the validity of the hearing, citing that the council’s original intention was to  either renew or revoke Townsend’s business license application, which expired Dec. 31.

“This hearing is moot,” Palumbo said. “Not only is the hearing moot, but Townsend is gone.”

“There was no reason to have this public meeting,” Councilman Greg Burnam said. “Townsend left town; they’re not coming back.”

Scott agreed with Burnam, saying, “The people are gone now; let’s not give Daphne a bad reputation.”

Council President John Lake, however, stressed that Mercy Medical has been an ideal neighbor and that someone should lend a supporting voice to the facility.

“Mercy Medical has done a lot of good,” he said. “I don’t think that’s been stressed enough tonight.”

The issue comes down to the city revisiting its land use ordinance, according to Board of Zoning Adjustments member Glen Sweeney.

“Your current classification doesn’t fit your land use ordinance,” he said. “You need to clarify the ordinance or clarify what Mercy Medical does.”

“It’s more than just a land use issue for our codebook,” Barnette said. “We do need to determine what should be there when they sublease.”