Monday, September 28, 2009

Legal Issues Update - 9/28/09

TIMBERS EDGE
 
Timbers Edge Decision?  There was NO decision at Monday evening's County Commissioner's meeting, much to the disappointment of those in attendance, on both sides. 
 
Discussion Focused on New Conditions Proposed by Applicant.  Seems Commissioner Brown wanted to make some modifications to two of the Hearing Examiner's Conditions based on a new proposal by the applicant at the Hearing 4 weeks ago.  He had been working with DCD staff to come up with new language to reflect the applicant's new infiltration proposal.
 
Copies Passed Out.  When the discussion began, Commissioner Brown had copies of the modified conditions passed out to the other Commissioners and to those in the audience.  It was difficult to review the new conditions on such short notice since we didn't have copies of the old conditions, though we think we understand it now.  The explanation of what was happening, was not clear to many of the Illahee residents attending, and it also appeared to take the other Commissioners by surprise.
 
Attorney Comments.  Following some discussion, the attorney for the applicant (Timbers Edge) and the attorney for the appellant (the Illahee Community Club) were allowed to comment.  Mr. Templeton, the Timbers Edge attorney, basically agreed with the conditions but we felt back-peddled on some items.  We wanted to review his comments this evening, but the meeting was not on BKAT as scheduled, and was therefore not recorded by us.  Mr. Ryan Vancil, attorney for the Illahee Community Club, said the language of the modified conditions was not very clear as to what would be allowed and went on to say that issues like this should go back to the Hearing Examiner, where they can be properly discussed.  He also reminded the Commissioners that this new modification covered only one of the issues of concern to the Illahee Community.  Based on the discussion that followed, it appears Mr. Brown had picked this one issue out as his primary focus of the appeal, and didn't appear to be concerned about any of the other issues.
 
Friday Deadline.  The two sides were given until close of business on Friday (10/2/09) to respond in writing to the new conditions that were proposed.
 
Copy Provided.  We have scanned the handout as an image attachment and will try to get a more readable copy later.
 
 ILLAHEE BEACH NOURISHMENT
 
Thursday (10/1/09) Illahee Beach Nourishment Hearing.  The Washington Department of Fish and Wildlife (WDFW) HPA Appeals Coordinator, Lisa Wood, has scheduled the Illahee Community Club's informal appeal to Thursday, October 1, 2009 at 1:00 pm at the WDFW field office in Port Orchard, which is at 502 High Street, Suite 112.
 
Letter Attached.  We have attached the letter regarding the hearing.  We also hope to have time to provide the community more information on what is being proposed, but right now our attention is on responding to the curve thrown us at the Commissioners meeting.
 
Jim Aho