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Home My WebLink About07/22/2011 Special Meeting �— ---- I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 9833711 Phone (360) 473 -5280 DATE NOTICE ISSUED: JULY 21, 2011 You are hereby notified that the BREMERTON CITY COUNCIL will hold a SPECIAL MEETING on FRIDAY, JULY 22, 2011 beginning at 2:00 PM in the FIRST FLOOR CHAMBERS at the Norm Dicks Government Center located at 345 6 Street, Bremerton, WA to discuss the following item 1 Ordinance No 5155, establishing a moratorium on Methadone Treatment Facilities within the City Limits of Bremerton This is an open meeting, public comment will be allowed, and action may be taken ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on Fnday BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD Y edAo k f� CA Go4 ce d °dam q^ j k'T / �u , _ )(eM Ag kitX r L�,C 62► o Y tkk y REQUESTS FOR INFORMATION MUST BE SUB TED IN WR G TO THE CLERK THANK YOU BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD JZ4110 klcy P1,4 v 7 v %11 1 1 k %-l' I I- -- v REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeee SUBJECT: Ordinance No 5155 imposing a Study Session Date N(A moratorium on the acceptance of SPEcIAL- MEETING Date July 22, 2011 applications for any building, land use, or Department City Attorney's Office development permit or approval for Presenter Kenneth W Bagwell methadone treatment facilities Phone 473 -2345 SUMMARY: The City is facing potential applications for development of Methadone Treatment Facilities within the City The Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present and the City does not currently have sufficient regulations to properly review and consider methadone treatment facilities The City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for methadone treatment facilities within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council ATTACHMENTS: Proposed Ordinance No 5155 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve Ordinance No 5155 imposing a moratorium on methadone treatment facilities ACTION: ❑ Co ent nda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: L] Approve ❑ Deny able ❑ Continue ❑ No Action Form Updated 4/1&2011 ORDINANCE NO. 5155 AN ORDINANCE of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for methadone treatment facilities WHEREAS, the city's zoning code does not adequately address the impacts of the placement and uses of methadone treatment facilities providing opiate substitution treatment and other related services ( "Methadone Treatment Facilities ") within the City of Bremerton, and WHEREAS, the City is facing the potential of applications for development of Methadone Treatment Facilities within the City and the City does not have adequate provisions for the review and consideration of the same, and WHEREAS, because the Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter or adoption of new regulations by the City Council, and WHEREAS, the citizens of Bremerton would be well -served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics relating to Methadone Treatment Facilities may impose upon neighboring properties and the community as a whole, and WHEREAS, the City needs time within which to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions are necessary to address the impacts of such uses, and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Methadone Treatment Facilities within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council, and WHEREAS, since the City does not currently have sufficient regulations to properly review and consider Methadone Treatment Facilities, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and welfare of the community, and 1 Moratorium —Methadone Treatment Facilities WHEREAS, RCW 35 63 200 and RCW 36 70A 390 authorizes cities to adopt moratoriums for a period not longer than six months provided a public hearing is held within sixty (60) days of adoption, and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period, determine what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Methadone Treatment Facilities, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Recitals Incorporated The recitals set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2. Moratorium Due to the findings set forth herein and as authorized pursuant and subject to RCW 35 63 200 and RCW 36 70A 390, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones and business licenses), or any other permit or approval required to occupy, site and/or to develop any methadone treatment facilities providing opiate substitution treatment and other related services within the City of Bremerton During said moratorium, no such building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton SECTION 3. Pending Applications Substantially completed applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Methadone Treatment Facilities, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium SECTION 4. Duration The moratorium established herein shall be for a period of six months from adoption, unless extended as provided by law, subject to a public hearing being held within sixty (60) days of adoption of this moratorium and adoption of findings of fact justifying the moratorium This moratorium shall terminate sixty (60) days from adoption if the City Council does not make findings of fact justifying the moratorium during a public hearing(s) held within that time period This moratorium may also be terminated earlier by motion of the City Council SECTION S. Public Hearing - Scheduled Pursuant to RCW 35 63 200 and RCW 36 70A 390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption A public hearing on this moratorium will be held by the City Council during its regularly scheduled Council meeting on August 17, 2011, or as soon thereafter, to hear public input on this matter Immediately after the public 2 Moratorium —Methadone Treatment Facilities hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or terminating the moratorium SECTION 6. Severabakty If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 7. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development\Moratonum - Methadone Treatment Facilities] doc 3 Moratorium — Methadone Treatment Facilities Lori Smith From Lori Smith on behalf of City Council Sent Friday, July 22, 2011 10 28 AM To Ken Bagwell Subject FW Questions about Ordinance No 5155 (Adam Brockus) Attn Ken be Council and Mayor (FYI) - - - -- Original Message---- - From Adam C Brockus [mailto adambrockus @gmail com] Sent Friday, July 22, 20116 57 AM To Roger Lubovich, City Council Subject Questions about today's ordinance Here are some questions about today's ordinance that I would like to have answered before today's meeting 1) Is the property already purchased? Can Mr Jackson get their money back from the tribe in order to do this right? 2) In the Kitsap Sun, Mr Jackson says a 6 month moratorium will effectively kill the grant that he has Is this True? What length of Moratorium would allow it to be planned in a deliberate manner with public comment and put it in the best location in the city? 3) What's the real amount of Parking Spaces needed? 4) What's the real amount of Transit connections required? 5) What's the real number of Police presence needed during operating hours? One Patrol Car during operating hours? Will the clinic or Tribe be willing to pay for this extra hours? Would they pay for Training as well, because the city doesn't have the budget? 6) What's the real number of EMS calls expected before, during, and after operating hours? Would the clinic or tribe be willing to pay for fully manning Station No 2? Would they pay for Training as well? 7) It was said that by state rules, there would be public meetings and other actions before a permit would be granted What would those steps be, and how long would that take? 8) Finally, why do we need to pass a Moratorium now and not at our regular meeting of August 3? Adam C Brockus Bremerton City Councilman, District 3 adam brockus@gmail com Page 1 of 1 From Lori Smith on behalf of City Council Sent Friday, July 22, 2011 12 07 PM To City Council Subject RE Citizen Comments - Proposed Methadone Clinic (Dennis Steil) Attn Council Dennis Steil called the Council Office today, at first asking to speak to his Council representative (he lives north of Forest Ridge Park, so he is a resident of District 7), but then he asked that staff share his comments to the whole Council Mr Steil said that he is "strongly" in favor of allowing a methadone clinic to be located in the City of Bremerton, whether near Callow Avenue or any other appropriate location He further commented that there is a "dire need" for this type of treatment facility and believes it would "be a failure" for the City to not allow a treatment facility here Mr Steil is not able to attend the Special Meeting today, but he asked that his comments be considered before the decision on the moratorium is made He provided his phone number [available upon request] if anyone wished to speak with him further be Mayor (FYI) Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 7/22/2011 Page 1 of 1 i From Andrea Wolber [wolberster @gmad corn] Sent Friday, July 22, 2011 9 09 AM To City Council Subject NO METHADONE1 No Methadone Clinic in Bremerton PLEASE' Methadone is NOT treatment It chains people to a Bigger Badder Monster Help people recovery NOT surrender? Local treatment centers promote abstinence and support Give FREEDOM- -NOT SLAVERY - -a chance Annie W 7/22/2011 Page 1 of 1 From Carlos Jara II I [carlos @comcast net] Sent Friday, July 22, 2011 7 50 AM To City Council Cc Patty Lent Subject Methadone Clinic For City Council I'm corresponding to you via email to share my frustration with the recently announced methadone clinic planning to opening in the Charleston Business District Whereas I believe people have the right to treatment and folks /companies have the right to establish businesses in communities like Bremerton, I strongly oppose Evergreen Treatment Services (ETS) planned opening of this type of establishment in the former Skookum property on 6th /Montgomery My wife and I have worked hard in adding unique businesses in Bremerton, specifically Harborside Market, Isella Salon Spa, and Toro Lounge Having a methadone clinic in an extremely highly visible location, where thousands of cars drive by on their way through Bremerton, is very bad for the business community, not only in Charleston, but across the board It sends the wrong message to our residents, our visitors, and those who invest in our community The consequences of opening this facility in Charleston potentially include - Increase in crime and theft to area businesses and residences -Loss of desire to improve the Charleston Business District by potential investors (like us) - Panhandling by folks waiting to get into clinic (both harassing vehicles waiting at red lights at either Montgomery or Callow) ETS' facility will be a drain on our resources, including fire and police services And it definitely will be a drain on sales tax revenue by reducing new business opportunities that create revenue streams for Bremerton Please do not allow this establishment to open at this planned location or any other Business District Center (Downtown /Charleston /Manette) There are better locations for them on Wheaton Ave or Kitsap Way Sincerely, - Carlos Jara Resident of Bremerton President, Downtown Bremerton Association 7/22/2011 Page 1 of 1 � s From Bill [meizbilly @comcast net] Sent Thursday, July 21, 2011 5 30 PM To City Council Subject Methadone Clinic Council, I am opposed to the siting of the proposed methadone clinic on Burwell near Callow Ave The Callow Avenue business district has much potential The methadone clinic is not the type of enterprise that will lead to improvement of this area, rather, it will have the exact opposite effect While there may be a need for this clinic, it would be better located in other areas May I suggest near Harrison Hospital in either Bremerton or better yet, Silverdale Thank you, William Hurney 2428 Snyder Ave Bremerton 7/22/2011 Page 1 of 1 _ From Michael J Benak [seaspider @comcast net] Sent Thursday, July 21, 2011 12 22 AM To City Council Subject The is for District 5 Greg Wheeler RE Methadone Clinic HI Greg, I did not see the City Council meeting this evening however, I was told there is a proposal to put a Methadone Clinic in Bremerton My vote is no and here are my reasons • If an addict misses 1 dose they can and will go back out to get whatever opiate they have been using • An addict who relapses is going to do what he does best to get his drug and that is robbery etc , if he /she doesn't have the money • Another reason I am not happy about this is if it ended up in our area our property values will be flushed down the toilet The flack the city will receive by those who feel the way I do will be tremendous I found an article in the Globe and Mall out of Canada, below is the URL This shows the kind of sentiment that City Council will be up against http / /www theglobeandmail com/ news /national /toronto /globe -to /whats- wrong- with-a- new - methadone - clinic -on -a- quiet- toronto- street/article2075200/ We are asking for a whole lot of trouble I think our police department is busy enough without putting in a methadone clinic I know people that go to Harborview hospital in Seattle everyday to get their methadone fix and have been doing so for a long time When these people got hooked the went to any lengths to get their drugs even if it meant driving a few 100 miles Lets leave it in Seattle and not cause problems for our own city This is not making sense The person that is doing this is not doing it out of the goodness his heart He is doing this as business What cut does the City get from this deal and even if the city doesn't get anything from this I still don't want it Thank you Greg Regards, Michael Bencik 7/22/2011 Page 1 of 1 I J f From Judie mclaughlin Budiethecutie @yahoo com] Sent Sunday, July 17, 2011 3 02 PM To Carol Arends Subject clinic I was dust reading your article about the methadone clinic for bremerton First, I am a recovered heroin addict, thirty five years and I agree with the businesses in the area, but I am also an opionated person I had to write and ask what do you know about methadone? How many clinics have you been to and asked questions about their success? I attended a forum in Olympia some years back for this very thing and I am here to tell you I am against it in any form Methadone, percodone, percaset, oxycontm etc are ALL OPIATES AND ADDICTING I did not recover using methadone and do not believe this is a good, viable avenue for recovery It would be like giving an alcoholic a drink and telling them they will be tapered off until recovered' Does that sound smart?Not only do you have heroin addicts, but also methadone addicts along with all the so called "legal" prescription drugs I would love to see a program established the eliminates ALL drugs for recovery it will be a long process, but the only way that I can see the results of someone ToTALLY CLEAN and back into society as a contributing member I know there are counselors and recovered addicts who will disagree with me, but I am not out to make anyone like me, dust to try and help them get CLEAN and back into life Just like crackcocame , total abstinence is the ONLY true way Ok, I said my piece and I hope yu DO NOT put a clinic in bremerton, especially near businesses Judie McLaughlin Work to lave, don't lave to work 7/22/2011 From nwelec @ix netcom com Sent Wednesday, July 13, 2011 9 17 AM To City Council Subject Methadone Clinic in Bremerton I would like to let you know I am very much against a methadone clinic opening on Burwell I have a business on Callow and I already see enough drug addicts on the street We do not need these people in a business district that will Just degrade it more than it is I have been on Callow for 7 years and have been trying hard to change the attitude of my customers about the area but with this clinic it will Just go down hill and I will most likely have to move my business Just to bring home the point I watched 3 less than desirable men bother people and ask for money near the corner of Burwell and Callow This will only get worse Thank you for your consideration in this matter Richard Thomas, Owner Northwest Computer Service, LLC