Sequim receives newly elected City Council members and permit application is submitted by Tribe for Methadone Clinic

Citizen Review Staff

January 19, 2020

Sequim, WA –  “Where can we sit?” was the question from many citizens, as they arrived January 13, for the regular meeting of the Sequim City Council.

Approximately 200 people gathered and many had to join the overflow crowd, who stood outside the room, for many hours.

People were excited that new council members were offering them hope and that perhaps their valley could be saved.

An Application for a permit for the projected Medication-Assisted Treatment (MAT) clinic was presented to the Department of Community Development (DCD) Director Barry Berezowsky on January 10, by the Jamestown S’Klallam Tribe. As a result, local citizens came to ask questions and make sure their elected City Council members were going to make decisions and not the planners, as it appeared.

With $7.2 million received from Washington State’s capital budget application, the Tribe appeared ready to assume building the MAT clinic, on South 9th street, near Costco and many other city businesses, this year. However, the project is now stalled, in that the lack of proper process is being questioned by Sequim citizens. 

After the new Council was sworn in, they elected the new Mayor William Armacost. The vote was 5-2 in favor of Armacost. Mayor Dennis Smith nominated himself and received one vote from Jennifer States. Council members, Troy Tenneson, Brandon Janisse, Tom Ferrell and Ted Miller voted for Armacost. Miller was then elected Deputy Mayor by a 6-1 vote, of the Council. States voted for Smith.  

After the new Council members were sworn in, public testimony was introduced by Armacost.

Retired attorney and local resident, Robert (Bob) Bilow was the first speaker and submitted an Appeal Declaration to the City Council. He exposed an email dated October 3, which he obtained from the City Clerk’s office.  It was from the firm Miller Graham Nash and Dunn, a firm defending the Tribe and giving direction as how to advance plans for the MAT process, apparently without involving a City Council vote. Bilow encouraged a C-2 rather than an A-2 plan, as suggested by the Tribe.

Save our Sequim (SOS) members were joined by their lawyer Michael Spence, a land use and zoning attorney, with Helsell & Fetterman LLP, in Seattle, who is also a Sequim property owner. He handed an October 10th letter, to the City Council.  While referring to the Tribe’s definition of the project as an outpatient clinic, Spence said, “This thing is not an outpatient clinic; it is an essential public facility”.  He referred to the GMA’s (Growth Management Act) which he said has very prescriptive language.  According to code language (18.56.040), it should be allowed certain use zones, after granted by the City Council. He stated that the language is clear.

Spence said if the permit is approved as an A-2, “I have been instructed by my clients (SOS), if you do this thing, and approve this thing as an A-2,  I will be drafting a land use petition immediately,” he warned. 

George Noa, a member of SOS leadership, explained his reasons for concern about the projected plans by the Tribe. He voiced concern that the city attorney (KristineNelson-Gross) had apparently silenced the City Council and some may have felt it was out of their hands.  He stated that the City had not responded to SOS’s requests via the Freedom of Information Act. Noa said, ‘This must be put through an impartial and fair process.” He asked that it be shown where there is need for a Regional Drug Rehabilitation facility. He asked that the City support the citizens and community.   “A study of crime should be done by an independent study,” he said. The Sequim resident stated that, “participation is necessary. We do not trust the Tribe.” Noa continued, “Understand we are growing in numbers and will fight to the end. We want a C-2 and not an A-2 [process].” 

Jenna Rose, a mother and grandmother, also represented SOS.  “What kind of a legacy am I going to leave Sequim and what kind of a legacy is Ron Allen (Tribal Council Chairman and CEO) going to leave Sequim?” quizzed Rose. She reminded the Council of the planned 300 patient/applicants. “Those 300 will expand,” she warned. She mentioned the  homeless. “There is a difference between homeless and homeless drug users,” said Rose. She questioned what provisions would be made for them, by the City. “Have you considered how a MAT facility will be the ruin of Sequim” asked Rose.  

Under the agenda’s “For the Good of the Order”, Troy Tenneson asked for a 45 day Moratorium to halt the MAT application in order to clarify the process, and to” investigate how our own code has or has not been followed.”  He said it was alarming that the agenda did not include the discussion since the application was turned in Friday, which was three days prior to the city council meeting. He asked that the code be filed according to Sequim Municipal Code 20.01 with a C-2 permitting process, which would include ‘a broad public interest’. “The number of people showing up to public forums and each council meeting meets public interest.  With that said, either the city staff that have made that decision, or have a shocking lack of knowledge of our code, or there is something more sinister afoot, ” he announced.

Deputy Mayor Ted Miller stated that once an application has already been received, then a moratorium would not apply. 

City manager Charlie Bush said, “Moratoriums do not apply to special projects or those in the pipeline.”  

Tenneson countered, “Even when there’s an error in the decision making process?”. 

Bush said, “That’s what appeals are for. If someone has an issue with the process or how the process is used, there are remedies in the code.”

Tenneson answered, “I am making the case our own city code has not been followed.  That’s a pretty serious accusation and I’m not making it lightly…this could very well be litigation waters.”

Newly elected council member, Tom Ferrell said,  “You don’t submit a proposal late on Friday and expect it ready for an agenda on a Monday morning.”  He later said he believes some options exist for council members to explore. 

Mayor Armacost concluded that Council members need to meet again about the issue.  He reminded the Council, “The reality is we have to have this discussion, as a group, and then go forward from there.”

A work session has been scheduled for Thursday, January 23, at Sequim City hall at 3 PM,  located at 152 W. Cedar Street. 

The next regular meeting of the Sequim City Council is scheduled for Monday, January 27, at 5 PM.