Update Request. We have been asked to provide an update on the status of the Hearings and Appeals being funded by local residents through the Illahee Community Club (ICC).
SHB Appeal. The Shorelines Hearings Board Appeal is going through the interrogatory process at the same time the parties are trying to come to a possible resolution. We think the two parties are very close to finding a way to resolve many of the problems now and in the future and are waiting on the county to make sure they are supportive. If the county concurs with the plans, the ICC Board will need to approve, along with the Port of Illahee. Having seen the plans, we think both groups will be happy with the proposed resolution.
Timbers Edge Hearing Status. This one is going to be a little more difficult to explain, so we have broken it down as follows:
The Plan on August 28th. If you remember, the Timbers Edge Hearing was rushed by the applicant and the county. The ICC was only able to obtain one expert witness for the Hearing and the Hearing Examiner gave the community until September 30th to get written expert testimony into the record. The plan was for the applicant to then have until October 15th to rebuttal the expert testimony, and final arguments were to complete on October 30th.
Written Expert Testimony. The ICC was able to get four written expert witness reports into the file by September 30th.
Applicants Response by October 15th? We didn't hear that the applicants met their October 15th response date and will need to report on that latter. We will contact the ICC attorney on Monday to find out what happened.
The Sewer Notice Problem. The sewer issue that was addressed at the beginning of the August 28th hearing was the lack of sewer notice to residents along the sewer line. A stipulation agreement between the two lawyers was for the county to issue a new notice to residents along the new sewer line and if anyone requested a sewer hearing it would be scheduled.
Notice to Some Residents. A sewer and stormwater notice went out, but it didn't go to all the residents it was supposed to according to the stipulation agreement, but instead went to only about half of the residents. Evidently the county interpreted the notice recipients differently from the stipulation agreement.
Sewer Hearing Requests. The notice that went out also went out late. It was dated on September 18th, but not received by local residents until September 26th, with some out of town residents receiving it on October 1st. In spite of the county not giving the necessary 14 day notice, several residents along the way evidently did request a sewer hearing and a sewer hearing date of November 14, 2008 was scheduled.
Another Notice Required? Many residents are confused with what is happening. We talked with a resident on Saturday who was not notified and yet lives in the area where notices were to be sent. We will check on that situation on Monday. Those who were at the August 28th hearing thought the Hearing Examiner made it clear that residents along the sewer line should have been notified and that was the reason he asked the two lawyers to work on the stipulation letter. We therefore feel a new notice needs to be sent to all the residents along the new proposed sewer line.
A New Hearing Date? If a new notice is sent out then it would seem like a new hearing date might be needed? This is where it becomes even more confusing.
Plan for November 17th. We have been told to nevertheless plan for the November 17th hearing date. While it seems like a long time, there are many sewer issues that need to be researched and understood and the time will go fast.
Sewer Town Hall Meeting Requested. As other residents learned of the sewer plans for Illahee, some requested a Town Hall meeting for the county to explain the sewer infrastructure plans for the Illahee Community. The request was reportedly made on October 13th at the County Commissioner's meeting. We are attempting to get a copy of that request.
We Support A Town Hall Meeting. We support a sewer town hall meeting and would hope the county would schedule one very soon.
Jim Aho
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