With few other choices, the McCleary City Council on July 26 approved revisions to zoning to allow residential treatment facilities for six months.

The decision to approve zoning that allows residential treatment facilities as a conditional use within the city was made at the last minute of a July 26 council meeting after an executive session. The zoning was approved only on an interim basis while the council continues to mull its options.

Background

The city has been seeking guidance regarding the facilities in the past several months after it was announced last fall that Great Rivers Behavioral Health Organization (BHO) had received grant funding to repurpose the old Mark Reed Hospital into a residential treatment facility.

Residential treatment facilities offer inpatient services to people suffering from severe mental health and addiction issues. Patients are generally brought to those facilities on an involuntary basis by either law enforcement or local hospitals.

Concerns have been brought forward by the residents of McCleary and city council members. Those opposed to the facility say they worry the facilities will bring dangerous people or criminals to the city, and the facility will create a large workload for the already thinned city police department.

Organizers for the facility have said there have been few or no incidents requiring local law enforcement at similar facilities throughout the state. At past public meetings in McCleary, proponents of the facility have said the patients are more likely to be victims of crime. Patients treated at the facility would be transported back to their home communities after treatment, according to organizers.

The council recently approved new definitions to city code that changed the definition of “hospitals” and clearly defined “residential treatment facilities.” Following the definition changes, the council sent the issue to the hearing examiner asking two questions: Can residential treatment facilities be in residential zones within McCleary? If not, where can they be located.

The hearing examiner has recommended that the city allow residential treatment facilities (with more than six patients) as a conditional use in residential zones and some commercial zones, and that the city also continue to allow hospitals as conditional uses in residential zones.

BHO filed a complaint against the city in Grays Harbor County Superior Court in May alleging constitutional violations. (The state Attorney General’s Office in a letter to the city dated June 1 said the Attorney General was aware of the complaint and “has a strong interest in protecting the right of all Washingtonians to be free from unlawful discrimination…” The letter said the AGO would let the BHO and the city have an opportunity to resolve the conflict before getting involved.)

Interim

During the July 26 council meeting, Olympia attorney Stephen Bean spoke on behalf of a small group of McCleary residents he was representing. In his comments, he contended the hearing examiner missed the mark in his recommendations.

Bean said the hearing examiner confused residential treatment facilities with smaller group homes.

“We submit that you should do nothing now. You should wait until your comprehensive plan passes your muster and that of the state, if the state requires it. Then you decide whether and where a conditional use permit could be sited,” Bean suggested to the council. “Take your time. Don’t be rushed to judgment. Don’t be afraid of being sued. They’re suing you, they’re bullying you. You do what you think is the right thing.”

Both Councilman Ben Blankenship and Councilwoman Brenda Orffer expressed their frustrations about the mixed advice the council was receiving.

“There’s a lot of unanswered questions out there that I have, and then when you do ask a question you get 14 different responses,” Blankenship said. “We’re not worried about that hospital — we’re making decisions for the entire community for the next 10, next 20, next 30 years. That’s what we’re basing all of this on. We’re not rushing anything.”

Orffer agreed.

“The real challenge we’re having is getting good feedback from the legal community. For every attorney, there’s a different perspective,” she said. “It’s really hard to get your head around what is acceptable and what is required and how the city can be in compliance.”

As the council seemed poised to wrap up the council meeting, with Councilwoman Pam Ator motioning to adjourn, Mayor Brent Schiller held a brief side discussion with city attorney Dan Glenn and then advised the council that action was necessary that night.

Earlier in the meeting, Great Rivers BHO chief integration officer Todd Broderius told the council that a permit application would be filed on July 27 for the residential treatment facility. Without zoning in place, the city had no home for the facility. Legally, the city must have an allowance within zoning for a residential treatment facility.

The council had two drafts of a potential ordinance to consider. They could either adopt one of those drafts as an ordinance or pass a moratorium on residential treatment facilities.

With the new information, the council recessed into executive session to discuss options with Glenn.

Following the executive session, Orffer made a motion to approve zoning that matches the hearing examiner’s recommendations on a temporary six-month basis. That will allow for the facility’s permit application to be received and it buys the council time to discuss how to move forward with zoning.

“We are doing our best here to navigate uncharted territory. We’re doing our best to take into consideration all of the information we have. We’re trying to digest all of the information we have, and take action that is fair and in compliance with all the laws,” Orffer said. “This is an effort to provide guidance for city staff and for those that have interest in being in our city. If we bring this into an ordinance now and we put an interim basis on it, that allows us time to research and get solid information and answers to the questions we have. “

“It’s the most equitable way to help the city be in compliance, and make it fair for those who are trying to come here and build buildings in our area,” she added.

The ordinance was unanimously approved and was effective immediately.