Appeal Hearing Report - 5/13/08

Appeal Hearing Report

The Illahee Community Club's appeal of the Illahee Outfall project was heard Monday evening by the County Commissioners.

There was a good attendance of Illahee citizens along with Beaver Creek residents. Other interested parties were also in the audience.

The county staff gave a report and responded to questions by the Commissioners, primarily Commissioner Josh Brown. The questions centered around storm water and there were questions regarding the fact that the outfall project and initial development was just the first phase.

Ryan Vancil represented the Illahee Community Club and essentially covered the items in the pre-brief that was sent out in a previous update. He said the county needed to consider all the issues, not just most of them, such as the failure to consider the public health issue of dumping storm water on a public beach and fishing area. He stated that the county provided no evidence that they had considered that issue, and others.

Ron Templeton represented the MT Illahee Corporation. He essentially said the county and the Hearing Examiner got everything right in their ruling and all the issues being brought up by the Illahee Community were just "red herrings."

The staff was asked a few more questions by the Commissioners regarding the county's use of the 1992 Department of Ecology's storm water manual verses the latest manual which was issued in 2005. Some of us think the last response by the county representative was less than factual.

Following the testimony the commissioners began their discussions. Commissioner Brown said he would like to look over the materials and decide next Monday. Commissioners Angel and Bauer indicated they were ready to decide to deny the community's appeal. After a few moments Commissioner Bauer said that he respected Commissioner Browns desire to decide next week, and the decision was put off until their next meeting, which is Monday evening May 19, 2008.

That is our report of the hearing.

Afterwards there were discussions of the hearing. We tried to capture some of them.

The Club's attorney, Ryan, advised members early on that the Commissioners routinely side with the staff and against anyone filing an appeal. Based on what happened last evening, he was right.

If the Commissioners would have decided Monday evening they would have rejected the community's appeal.

Will they decide differently next week? Chances are not in the Club's favor.

So what does the community do next, if the appeal is denied?

The choices are to accept defeat or appeal the decision to Superior Court.

Some have suggested that the dumping of storm water at a public beach and dock is such an affront to any community, that it needs to be fought, until someone listens. "There has to be some sane officials out there somewhere." One attendee suggested the cost of bringing this to the next level be investigated and suggested the Club "....find 60 members who will agree to donate $150 and I will be the first to contribute from my retirement pension."

Others have said we need to find out how far the Port of Illahee is willing to go on their Superior Court suit to prevent the applicant from locating the outfall under the Illahee dock.

The issues need to be resolved as any decision to appeal to Superior Court needs to be made within 21 days following an unfavorable ruling.

Another issue that is looming on the horizon is Timbers Edge, which will have a far greater impact on the Illahee community if it proceeds as currently planned. Does the community utilize its limited resources on the Outfall Project or Timbers Edge?

The Illahee Community Club has scheduled a meeting on Saturday afternoon, May 24, 2008, to discuss these and other issues. They know it is Memorial Day weekend but that was the only time available at the library. The meeting time is from 1:30 - 3 pm.

The Community Club would like to get a indication from the Illahee community on how you would like to proceed if the appeal is denied next Monday.

We will pass on any comments to the Club officers and board.

Jim Aho