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Garfield council seeks amended deed language for former elementary after environmental review flags asbestos, lead
Summary
The council unanimously rejected warranty-deed language tied to the $1 transfer of the former Garfield Elementary and asked the city attorney to submit an amended offer after a Phase 1 environmental assessment found asbestos and lead-based paint in the main building materials; residents asked about costs and plans for reuse.
Garfield Mayor Gary Blackburn reported to the City Council on Sept. 10, 2024, that a Phase 1 environmental site assessment (ESA) for the former Garfield Elementary found no Recognized Environmental Conditions but identified Business Environmental Risks, including asbestos and lead-based paint in the main building materials. The Rogers Public School Board had voted to transfer title of the property to the city for $1.00 subject to conditions in a warranty deed, copies of which were provided to council members.
Residents Trevor Michaud, Sammi Michaud and Lauri Sutton addressed the council during the discussion and asked questions about proposed uses for the main building, and how the city would cover costs and ongoing maintenance. Mayor Blackburn said the Dorothy Ross building on the same property had no reportable findings in the Phase 1 ESA.
Concerned about the warranty-deed language and the conditions attached to the transfer, Council Member Kitterman moved to reject the Rogers Public School verbiage on the warranty deed and to submit an amended offer prepared by the city attorney; Council Member Smead seconded. Council Members Smead, Rambo, Teeselink and Kitterman all voted yes and the motion carried unanimously.
The motion directs the city attorney to draft an amended offer addressing the council’s concerns; Mayor Blackburn earlier indicated he had spoken with the city attorney, Honorable Shane Perry, and would contact him about drafting the revised language. Council members and residents framed the conversation around potential future uses — including a community center — and the foreseeable costs and maintenance responsibilities that would accompany ownership of the building.
Next steps are administrative: the city attorney is to prepare the amended offer for submission to the Rogers Public School Board. The council did not take final action on reuse plans or a funding mechanism at the Sept. 10 meeting.
