Sunday, September 27, 2009

Important Legal Proceedings - 9/26/09

TIMBERS EDGE APPEAL

Commissioners' Decision on Monday! The County Commissioners will decide Monday (9/28/09) on the Community's appeal of the Hearing Examiner's decision regarding the Timbers Edge development. The decision is scheduled for the end of the regular 7 pm Monday Commissioner's meeting, which is held in the Commissioner's Chambers at the County Administration Building in Port Orchard.

Please Attend. The Illahee Community Club is asking for a good attendance at this meeting even though those in the audience can just listen to the Commissioner's discussion and their vote. This vote will be telling as to whether the commissioners are more concerned about an aquifer and salmon stream and the community's desire to protect them, or a high density development above the stream corridor.

Commissioner's Vote? Some think that when the applicant offered up a new infiltration plan during the appeal, that this gives the Commissioner's a good reason for sending (remanding) the project back to the Hearing Examiner. Should that happen, we hope it would go to the new Hearing Examiner, rather than the old one.


Status of Community's Letter to the Developer. The developer, Mr. Jim James, has asked his engineer to "provide him advice for his consideration." Mr. Kuhlman, in an email to the Illahee Community, said the community proposal lacks enough detail for him to provide the necessary information to Mr. James; he goes on to argue for sewers rather than septics; and wants "a more quantitative proposal and explain how your revised proposal will more properly address the environmental issues associated with our development than is done by our proposal."


Response After the Commissioners' Decision. The ICC Board evidently will respond to Mr. Kuhlman in the time period following the Commissioner's decision, pending what the decision is.


ILLAHEE BEACH NOURISHMENT INFORMAL APPEAL

Persistence Pays Off. The Department of Fish and Wildlife (DFW) consented late Thursday (9/24/09) to hear the Illahee Community Club's informal appeal of the "Illahee Beach Nourishment" project. Late Friday afternoon DFW was trying to set up the informal appeal hearing for next week in Port Orchard at 10 or 10:30 a.m. on either Thursday (10/1/09) or Friday (10/2/09).


Two Informal Appeals Filed. The Port of Illahee also filed an informal appeal on the Illahee Beach Nourishment project and the hearing was held on Thursday (9/24/09) in Olympia. The Illahee Community Club's appeal was denied at first because the Certified Letter was lost for 9 days somewhere in Olympia, and was receipted one day beyond the appeal deadline date.

Calls by Illahee Citizens Make a Difference. Because of the persistence of Illahee citizens to the Post Office and DFW the issue went up the chain of commands, and eventually to one of the state's Assistant Attorney Generals, where it was decided to allow the informal appeal to go ahead. We think it was the right decision because neither the Post Office or DFW knows what happened to the letter for 9 days.

More Information Later. We will try to provide more information on the 5 year Illahee Beach Nourishment appeal later.

Jim Aho

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