On Wednesday, April 12, 2023, Burien City Manager Adolfo Bailon sent out a memo stating that he has decided to install a portable toilet at the current homeless encampment located on SW 152nd Street and 6th Ave SW.
The memo is directed at City Attorney Garmon Newsorn II and Human Services Manager Colleen Brandt-Schluter, and comes after Monday night’s (April 10, 2023) special Burien City Council meeting’s 4-3 denial of repeated motions by Councilmember Cydney Moore on this same, temporary sanitation solution.
This unsanctioned encampment – which has grown to over 15 tents – was established on Mar. 31, 2023 after a sweep was authorized and conducted on a previous one located at the City Hall/Library by the Burien Condo Association. Homeless campers were alerted to the new location by Planning Commission Chair Charles Schaefer (no relation to BTB Founder/Publisher Scott Schaefer) and Councilmember Cydney Moore.
“City personnel have received reports from local business owners and residents of a considerable amount of human waste being deposited daily behind buildings adjacent to the unsanctioned encampment,” Bailon’s memo states.
The decision directs City personnel to establish a temporary contract with Construction Site Services, LLC to place a portable, single-user bathroom in the immediate area of the encampment. The portable bathroom will be placed in an area that is easily accessible for people residing in the unsanctioned camp, well-lit and within close proximity to 6th Ave SW to increase visibility for police performing road-side patrols, and also with limited view frorn SW 152nd Street during daytime hours.
“The portable bathroom is expected to be removed immediately after Council reaches a decision that affects the longevity of the existing unsanctioned encampment,” the memo adds.
Council will next meet at 7 p.m. this coming Monday, April 17, 2023, where they will likely discuss this and other ideas for solutions to this current crisis.
One concern raised previously about installing a portable toilet was that it might open the City to liability. Other concerns include the history of portable toilets in the city being abused or vandalized, an overdose death of a man inside one at the Annex park, as well as arson fires and the exploding of another.
“City personnel consulted with legal counsel from Washington Cities Insurance Authority (WCIA), provider of insurance pool coverage to the City,” the memo says. “Guidance issued by WCIA’s legal counsel is the following: The City will have ‘very limited exposure to liability’ by placing a portable bathroom in the immediate area.”
Mayor Aragon changes her mind
Burien Mayor Sofia Aragon – who voted against a portable toilet at the April 10 council meeting – released the following statement on Facebook:
“My position has changed regarding placing a temporary toilet near the 6th and 152nd street location and I support the City Manager’s act to install one. I’m confident that ending this location as a camp site is imminent due to continuous outreach efforts to neighboring cities and King County for treatment services and/or more stable housing combined with community interest to lease the lot. Responding to reports of unsanitary conditions to preserve public health is an important government function. I thank the city manager for his diligence and continued action despite the challenges of a regional homelessness crisis.”
Below is text and image of the memo:
Memorandum
To: City Council
From: Adolfo Bailon
CC: Garmon Newsorn, Colleen Brandt-Schluter
Date: April 12, 2023
Re: Sanitation at SW 152nd St. and 6th Ave SW, BurienAn encampment that is not sanctioned by the city was established on Friday, March 31″ on a parcel of land owned by the City and located at SW 152.SW and 6. Ave SW. City personnel have received reports from local business owners and residents of a considerable arnount of hurnan waste being deposited daily behind buildings adjacent to the unsanctioned encampment.
Decision: City personnel will establish a temporary contract with Construction Site Services, LLC to place a portable, single-user bathroom in the immediate area. The portable bathroom will be placed in an area that is easily accessible for people residing in the unsanctioned camp, well-lit and within close proximity to 6. Ave SW to increase visibility for police performing road-side patrols, and also with limited view frorn NW 152. during daytime hours.
An aerial map with proposed site of portable bathroorn (page 2) and street-level photographs (page 3) are included in this memorandurn.
The portable bathroom is expected to be removed immediately after Council reaches a decision that affects the longevity of the existing unsanctioned encampment.
Legal Opinion from WCIA Counsel:
City personnel consulted with legal counsel from Washington Cities Insurance Authority (WCIA), provider of insurance pool coverage to the City. Guidance issued by WCIA’s legal counsel is the following: The City will have “very limited exposure to liability” by placing a portable bathroom in the immediate area.
My position has changed regarding placing a temporary toilet near the 6th and 152nd street location and I support the City Manager’s act to install one. I’m confident that ending this location as a camp site is imminent due to continuous outreach efforts to neighboring cities and King County for treatment services and/or more stable housing combined with community interest to lease the lot. Responding to reports of unsanitary conditions to preserve public health is an important government function. I thank the city manager for his diligence and continued action despite the challenges of a regional homelessness crisis.