Citizen Review January 14, 2020

By Lois Krafsky-Perry News Editor and Staff

Sequim, WA – Retired attorney Robert L Bilow, spoke to  Sequim City Council members and staff as approximately 200 citizens, who also gathered into the main hallway area, January 13, 2020 at Sequim City Hall.

Bilow submitted an Appeal of the decision, by the Director of Community Development (DCD) Barry Berezowsy, with respect to “classification” of the Jamestown S’Klallam Tribe’s application for a medical outpatient medication-assisted treatment (MAT) clinic.

Bilow cited the Sequim Municipal Code (SMC 20.01.240), and said that as an A-2 Process (also see related story below), it would have limited public interest. “This decision and the Finding of Fact required are erroneous. The director should have directed that the C-2 Process (broad public interest) be applied,” he stated.

He reminded the council of the 8 months of debate meetings, and controversy within Sequim, yet the Director has classified their project as an A-2 (limited public interest) Process. “I request a quasi-judicial review by Sequim City Council for their appeal, rather than a hearing  before a hearing examiner otherwise specified in SMC 20.01.240” insisted Bilow. This classification by the Director is legally equivalent to a Finding of Fact by the Director that the application does not involve a matter about which there is a broad public interest,” he said. The Finding of Fact is clearly incorrect and should be changed, according to Bilow. “Upon recognizing that this application is a matter about which there is broad public interest, the review should proceed as a C-2 Process,” he declared.

Robert (Bob) Bilow and his wife Jeannine returned to Sequim a few years ago, where Bob graduated from Sequim High School in 1961, following which he attended Princeton University and then law school. They hoped to retire, but as soon as they arrived home, they were met with news of the projected MAT clinic, as divulged in local newspapers. He became aware of the Jamestown S’Klallam Tribe’s explanation about the MAT clinic after a meeting was held, at the Cole’s Convention Center, on August 8, 2019. He then became involved in researching the project.

Since then, Bilow has spent weeks vigorously researching and exploring information.  Many volunteer hours have been spent and he has testified at several City Council meetings. Although he is not a member of the citizen’s group Save Our Sequim (SOS), he has been helpful to their organization as well as to the town, which he calls home.

The MAT clinic and its findings were first revealed in local newspapers in May 2019. “For some reason, it appears that Sequim City officials immediately assumed a favorable position on the MAT clinic proposal, rather than neutral,” stated Bilow. He then gave an example from May 31, 2019 Peninsula Daily News (PDN), where Charlie Bush, City Manager, was quoted as saying, “…The property is zoned for the MAT, and the use does not require public hearings.”

“This comment from the City Manager misled many Sequim citizens by suggesting it was a “done deal,” declared Bilow.

While researching mega Sequim City emails and documents, Bilow referred to an October 3, 2019 letter. The letter addressed to Sequim Director Barry Berezowsky was from a large law firm representing the Jamestown S’Klallam Tribe. “I have known the law firm  for 50 or actually 58 years,” mentioned Bilow. Miller Nash Graham & Dunn’s letter was dated October 3, and was received and stamped October 11, 2019.

The director was encouraged to treat the expected application as [subject only] to an administrative review. (SMC 18.33.031). The letter then noted that a group known as SOS had urged a “more onerous review than the administrative review that the Sequim Municipal Code prescribes.”

“The code requires the city to process this application through an administrative review, and not any other kind. SMC 18.33.030.A.1.  There is no basis to subject this application to any kind of conditional or special use review that SOS apparently seeks.

“We trust the City will apply its code as written and treat this project and applicant fairly. We look forward to working with you and your department as it processes this application through the appropriate administrative review,”  recommended the law firm in their letter.

Bilow continued, “Director Barry Berezowsky apparently did not share this letter with the City Council members, or others since no mention is made of the communication in any minutes of subsequent City Council meetings. Yet the Director is now following precisely the administrative review process suggested by the Miller Nash Graham and Dunn lawyer without any public hearing or involvement by the Sequim City Council, and precisely identical to the manner described by the City Manager Bush, in May 2019 (PDN) statement. In considering this appeal, the City Council should also recognize that the applicant, Jamestown S’Klallam Tribe, is an entity possessing “sovereign immunity” which means that it is not subject to jurisdiction in either Washington State Courts or Federal Courts, without its own consent or pursuant to Congressional Action.”

Bilow respectfully asked “that the Sequim City Council conduct a quasi-judicial review of the appropriate process to be followed regarding application CDR 20-001 and conclude that the C-2 Process be followed.” He affirmed that “the Sequim City Council has the authority to initiate this review process ‘sua sponte’ (on its own motion). If any City Council member submits a motion for this purpose, receives a second to the motion and the matter is approved by a majority vote, of the council, a review of the Director’s decision (A-1) can proceed. I submit that the C-2 Process should be followed.

“The City Council may also conduct a public hearing to receive any appropriate testimony or evidence necessary to determine whether or not Application CDR 20-001 involves a matter of broad public interest through this approach, ‘the process determination’ will be conducted openly and with transparency rather than proceeding in a closed and secret administrative fashion,” stated Bilow.  “The Director’s classification of the Project is a Type A-1 action and this is an appeal of that decision SMC 20.01.040,” he commented.

Bilow submitted his Appeal to the  Sequim City Council members, at their January 13th meeting, with public testimony and also hard copy presented to each City Council member. The appeal was then filed with the City of Sequim January 14, 2020 at 3:30 PM.

“I fear that any delay of this filing, with the next City Council meeting two weeks in the future, will result In Director Berezowsky initiating a SEPA (State Environmental Protection Act), or other process, and then claim, in some manner, that it is ‘too late’ to consider the appeal,” concluded Bilow.

RELATED STORY:

Tribe files permit application for proposed MAT clinic

By Lois-Krafsky Perry for Citizen Review

January 10, 2020

As Jamestown S’Klallam Tribe representatives arrived at City Hall, Friday afternoon, January 10th, several people had been alerted that this was the day the permit application would be presented, from the Tribe, to City of Sequim.

This reporter arrived approximately 2:45 PM and checked with City employee Joel, who told me the application would be presented soon.

The large group of people were already assembled in an office, where much conversation was happening. They carried in rolled up documents requiring two trips, to a vehicle, by one Tribe transporter. Jenna Rose from Save our Sequim (SOS) a group of 2,500 people, started to video tape their entrance, into our tax funded public building, when one person requested, “no video.” Jenna obliged by taking only still shots.

I was approached by Barry Berezowsky (Director of the Department of Community Development), who, in a very friendly manner, introduced himself to me. He promptly explained the waiting process to me and Anne Marie Henninger, who was talking with me, as we were waiting for information. She is newly elected to OMC (Olympic Memorial Center) Board and publicly supports the MAT (medication-assisted treatment) clinic project.  Berezowsky said the application information would be posted in about half an hour, on the City site.

He then said the process will probably be an A-2, at which time I asked, “not a C-2?” He then said it could be a SEPA (State Environmental Protection Act) Process with a recommended public testimony time.  I then asked, “Would there be a City Council vote?” and Berezowsky emphatically said, “no.” I then asked, “What about the Shaw property?” His answer was evasive. Since 7th & Prairie street ends near the Shaw property (see former story www.citizenreview.org), the Shaw family including  many people are still concerned about the access area, discussed, across the Shaw family’s property, which would connect with the projected MAT facility.

At that time, Berezowsky was approached by Brent Simcosky, Jamestown S’Klallam Tribe Health Services Director, who asked him if he was going into the room, where the group was gathered behind the recently closed glass door. Berezowsky smiled and said that he did not know who some of those people are.

Approximately an hour later, I received, as promised, an email, at 3:40 PM, from Berezowsky, entitled MAT Clinic Application. He said, “It was nice to meet with you today and chat for a few minutes.”