Miscellaneous Items - 10/24/08

Seals or Sea Lions Barking? It that time of year when the waterside barking begins. We had the following report:

Was walking the dog this evening about 11:40. We were going uphill on Varsity. Suddenly from out in Port Orchard Bay to the north of University Point toward Battle Point on Bainbridge, came the barking of perhaps two rather large-sounding seals. Any idea why they would be barking at night? Pretty sure this is the first time I've heard them like that at night. The barking went on for about ten minutes. (Is it called barking?)

Same Question Was Asked Last Year. We went back into our archives and found the following entry and don't remember whether the question was ever answered.

11/26/07 Post - Seals or Sea Lions barking? There has been a noisy seal or a sea lion barking for the past few weeks. We don't know where it is resides, but it can be heard throughout much of Illahee at different times day or night. We don't know if it is a seal or a sea lion so if anyone has any information please let us know. Some of the long time residents don't remember this happening in the past.

Cougar Report in the Kitsap Sun. This is a story that hits close to home as we have three major wildlife patches in the area, the Cheney Estates to the South, Illahee State Park, and the Illahee Preserve, along with the Illahee Creek riparian corridor that is forested with steep slopes that keep it quite rugged for residents, but great for wildlife. We have attached the link to the story in the Sun. http://kitsapsun.com/news/2008/oct/23/forester-cougar-may-have-lived-in-east-bremerton/

Another Cougar Report? We received the following report but have left off the location at the request of some other nearby residents.

Regarding the cougar sighting reported near Sylvan Way, late this summer my next-door neighbors discovered a dead deer behind the large granite erratic downhill on the at the curve to my house. They noted that something was feeding on in it. A cougar attack? Any way of determining what was feeding on at this late date? Also, this summer I witnessed a standoff between my neighbors' dogs and a coyote, much growling and bristling fur and hair. The coyote ran off when it saw me.

Road Dedication Ceremony. Yesterday, Thursday 10/23/08, was the ceremony for the Gilberton Creek culvert. In addition to Josh Brown, the Central Kitsap County Commissioner and Randy Casteel, the Public Works Director and some of his staff, we had a bald eagle looking on for awhile and a St Bernard checking on the goings on. We are waiting for a picture of the eagle, and have included several photos of the event. We will publish more photos of the event later. The road work and the culvert installation look great. Soon we should see grass coming through the mats on the hillside.

Illahee Community Plan Schedule Correction. There was a correction of the schedule date for written testimony that was sent out today. It read as follows:

What I intended to type in my email was that the written record for the Board of County Commissioners will be open until 4:30pm on November 25, 2008. Thank you again, for bringing my typing error to my attention and note that all original recipients of the original message are receiving this revision.

Excerpts From Endorsement Letters. We have received info copies of several endorsement emails written to the County Commissioners and have provided excerpts for your information. Some of the emails are long, and some are short, like the last one.

Excerpt #1 I am not responding to their opinions of "what's wrong with the plan" sections, as others can better address those. The Illahee Community is unusually strong in its ability to unite and communicate with each other. We use several methods for disseminating information throughout the community: Postings on roadways, hand-delivered invitations to participate, continuously updated e-mail reports on community interests (not only for this plan but for anything we find interesting such as Wildlife Reports), US mail, Web sites, word of mouth, and community meetings. I am strongly in favor of working with the County to further preserve our natural resources and beautiful community through this Illahee Community Plan and have been actively involved and well-informed about each step even though I am severely handicapped and often home-bound, thus showing that most of those not involved in this planning process were simply not interested or did not have the time to do so. There has been no selective inclusion or exclusion from any of our community groups and activities but rather the opposite, with a reaching out to try and include as many and diverse a representation as possible.

Excerpt #2 We would like to take this time to comment on the Illahee Community Plan in the most favorable light. For the following reasons, we support and applaud the efforts of this project on the behalf of Kitsap County DCD and the many residents of Illahee who gave support and structure to a product which will form the basis of community ideas and a sharing of vision for the future of their community. Three years of community planning went into this project by community residents who strongly felt the need to be active participants.

Excerpt #3 Now that we are down to the final process I ask as a member of the Illahee community for you to support the sub area plan as provided by county staff.

Keep sending in your reports. We get the most comments from our wildlife updates, so your reports and pictures are solicited.

Jim Aho

Next Steps For Community Plan - 10/23/08

Important Dates. Some very important dates have been provided concerning the approval process for the Illahee Community Plan. We have attached the email notice we received from the county planner, Katrina Knutson.

Important Responses Needed. With the recent opposition to the Plan by KAPO and the Realtor Board, we can't emphasize enough how important your written and/or public testimony is.

Jim Aho

Thank you for your continued participation in the Illahee Community Plan process. This email is to inform you of the next steps in adoption of the plan.

The Board of County Commissioners will be holding a work-study on the draft Illahee Community Plan on November 19, 2008 at 9:45am. This meeting will be located in the Port Blakely Conference Room at the Kitsap County Administration Building (619 Division Street Port Orchard). Public testimony will not be taken at this meeting. However, staff will provide the Board with all public comment received to date at this meeting.

The Board will hold a public hearing on the Illahee Community Plan on November 24, 2008, at 7pm. This meeting will be located in the Commissioner's Chambers at the Kitsap County Administration Building. Public testimony will be taken at this meeting.

Please continue to send me your comments on the Draft Illahee Community Plan. The Board's written public comment period for the Draft plan ends on November 21, 2008 at 4:30pm. (Oral testimony will be taken at the public hearing.)

It has been a sincere pleasure to work with all of you. I look forward to receiving your comments and will see you at the above mentioned public meetings.

Best,
Katrina

Katrina N. Knutson, Associate Planner
Kitsap County
Department of Community Development
Policy and Planning Division

Kitsap Sun Article & Blog - 10/22/08

Kitsap Sun Article. The Kitsap Sun has just published an article entitled "Property, Realtors Groups Question Illahee Plan." We know that some of you are out of the area and some don't received the Kitsap Sun newspaper, so we wanted to provide you with the link ot the article that was published today Wednesday, 10/22/08. http://www.kitsapsun.com/news/2008/oct/21/property-realtors-groups-oppose-illahee-plan/

Kitsap Sun Blog. We found more information about the controversy regarding the Community Plan on Brynn Grimley's blogsite. http://pugetsoundblogs.com/ckbeat/2008/10/21/illahee-plan-opposition-personal-vendetta-or-professional-concern/

Community Letters. We have had three community members provide us copies of their letters of support for the Community Plan. We are considering providing portions of some of them in an upcoming update to show that at least the community supports the Plan even if outside groups may not.

Please Keep Us Informed. Thanks to all who keep us informed on the happenings in Illahee. Please continue to send us information.

Jim Aho

Illahee Community Plan Support - 10/21/08

How To Show Support? We have been asked how Illahee residents can show support for the Illahee Community Plan.

Emails and Letters? If it takes a letter and email campaign to the Commissioners, like the Realtor Association and KAPO are doing, then residents should consider doing likewise.

Attend Commissioner Meetings? The opposition groups also show up at the Commissioners meetings, so when the Illahee Community Plan has its public input meeting sometime in November, it would be good to have the community well represented at that meeting. We will let you know the exact date.

Plan Is On County Website. If you haven't had an opportunity to review the latest and final version of the plan, it is on the County's website. If you use the following link it should bring you to the appropriate location: www.kitsapgov.com/dcd/community_plan/subareas/Illahee/

Emails Are Appropriate. You can email your comments on the Illahee Community Plan to the County Commissioners, and the County Planner, Katrina Knutson, at the following addresses:

"Jan Angel" jangel@co.kitsap.wa.us, "Steve Bauer" SBauer@co.kitsap.wa.us, "Josh Brown" jwbrown@co.kitsap.wa.us, "Katrina Knutson" KKnutson@co.kitsap.wa.us. It can be a simple statement that you support the Illahee Community Plan, if that is how you feel.

Other Options? If you have other suggested options, let us know.

Jim Aho

Requested Additional Information Re KAPO Allegations - 10/20/08

Requested Information Regarding Mullinex Property. Many of you have requested more information about the Mullinex situation that was mentioned in the KAPO letter and the allegations made by Ms. Henderson. We have obtained permission to print the contents of a response to KAPO by a nearby neighbor that provides more in depth details. If you are in a hurry and want to skip the historical details in the letter, read the last three paragraphs. Let us know if you have more questions and we will try to obtain answers.

October 19, 2008

Dear Ms Henderson,

After reading your comments in your letter to the Board of Commissioners about the Illahee Community Plan and referencing the "Mullinex family ", I am compelled to respond.

The property now owned by Shaun and Alida Mullinex was originally owned by Joe Yank. Mr. Yank owned a large farm acreage and later his daughter had an equestrian facility and the land now owned by the Mullinex's was pasture. Part of the farm was sold to Dr. David Relling (Mr. Yank's son-in-law at that time) in the 1950's and he established his veterinary practice, still known today as Relling Small Animal Hospital. The other part of the farm was sold to a Clifford Burlingame in 1973. Mr. Burlingame was a builder and his plan was to place his home on the western part of the parcel (the parcel now owned by the Mullnex's) alongside Perry Avenue. But, these plans were not allowed by Kitsap County because the property was too wet for development. What is most unfortunate is that while the Burlingame children recall these interactions with the county there are no county records as no building permit was applied for. It was the way things were done in those days (1970's); honesty and integrity were integral to a person's word. Mr. Burlingame had this parcel appraised during this time. Because of the appraisers notes (on file in county records) stating that this parcel of land was essentially unbuildable due to the stream, surrounding topography and wetlands, the property taxes for this parcel were significantly reduced. Someone on behalf of the Mullinex family should have encouraged them to obtain this information. Over the course of the next 25 years, according to Mrs. Burlingame, many ideas were considered for ways to use this property. One of these was a Christmas tree farm, but alas the trees died- they were too wet. Another idea was to turn it into a pet area, but this proposal was nixed by Kitsap County officials as the pet feces would contaminate the stream. The stream was considered a primary source of water recharge to the area wells as well as feeding into the acknowledged South Fork of Illahee Creek. What finally grew along the stream were (now large and productive) blueberry bushes- blueberries love moisture.

In 1998 when Mr. Burlingame passed away the property went into an estate and that parcel now owned by the Mullinex's was purchased for $25,000 by the Heidners. Several of the Burlingame children still live in the area and can provide more factual details of this transaction. In July of 2005 the property went up for sale about six years after the Heidners had purchased it. They made a tidy profit, selling the land for $115,000.00 to Shaun and Alida Mullinex.

Our property borders the entire Mullinex property to the north. When we purchased our property in 1999, my cousin Paul Drury worked for the county as one of their storm water engineers. He commented to us about the beautiful stream- the stream that meandered across our property going northward under Burrett Street connecting to the main fork of Illahee Creek and southward onto the adjoining property now belonging to the Mullinex's continuing southward feeding into one of the North Perry well sites. We have a short article written by the Burrett's daughter and provided to us by the listing real estate agency (John L. Scott) from whom we bought the property. She had written about "her father purchasing the land from the Phillips . . . their apple orchards . . . and the wonderful year around stream". I began to research the area talking with our neighbors and anyone who knew more of the area's history eventually learning about the stream being the South Fork of Illahee Creek. When the For Sale sign was posted (John L. Scott Realty, Agent Bob Arnold), a call went out to the seller's agent by those that knew of the nature of this land not only to provide this information but to ensure that this information was ultimately passed on to any possible buyers. Of note, the still natural state of this entire watershed area of which this parcel is only a part of is well known to many in the area. The Category Wetland rating was not something placed upon this land by anyone other than Kitsap County. This agent's response was most unfortunate, as he made it quite clear that he had no intention of disclosing such conditions to the prospective buyers. In fact, he responded vehemently that when the sewers would come to this area, everyone would sell out. Because of his response, I chose to do some research on disclosure and learned that apparently disclosure is only required by real estate agents when it involves buildings or other structures and does not transfer to land for development. It is up to the buyers to research raw land.

When the Apex Septic service began to dig the various holes for percolation studies that July of 2005, we were quite interested to see how this would transpire. These holes were dug along the west side of the property bordering Perry Avenue and contiguous to our wetland property. It was also the very site that Mr. Burlingame had wanted to place his home and was denied this by the county because of the boggy terrain. We chose to take pictures of these holes- these holes remained wet throughout that summer of 2005.

In November of 2005, Mr. Mullinex came to see the property. According to Shaun he was told by the seller's agent that the wet, winding area was a drainage ditch.

I will never forget the day they arrived from Hawaii, straight from SeaTac driving directly out onto their property to see their new home site. My heart sunk when I met this wonderful family and being a Vietnam era veteran I was even more disheartened to learn of their active duty military status. And as the months ensued and I learned more about them and about Alida's health I was deeply saddened and more than angry. I could not for the life me understand how this could have happened. This saga still continues today and what I write next is from what Shaun and Alida shared with me over these next months.

Most interested in this property they placed a deposit, more than they wanted to but were encouraged to do so by the seller's agent because property was selling fast and they needed to secure this if they truly wanted it, was dependent upon an approved septic design. While in Hawaii, their real estate agent was called by the seller's agent telling them that a septic design had been approved. The septic design that was approved by the Kitsap County Health Department showed the house located in the middle of the property on top of the stream and surrounding wetlands. In January of 2006 at the sale closing they thought an approved septic design sufficient enough for them to proceed to purchase the property. It was not until their building permit reached the next phase did they learn about the true nature of their land. Yes, subsequently the county worked very, very hard not to deny them in any way their right to build upon their property. What has not been disclosed in all your recriminations, Ms Henderson, is what they are allowed to build. The home area allowed would be quite different in size compared to their original plans and located in the very eastern back of their property. Their dream home designed to accommodate any handicap, given Alida's diagnosis, no longer a possibility. Any enjoyment of the surrounding land for lawn or play would only be a very small area due to the need to mitigate and fence the stream and wetlands. The area proposed for the location of a possible Glendon Septic system was in the far NE corner of their property. This area is often very wet and borders our land of which we have pictures documenting the standing water. The area proposed for the reserve drain field would be accessed by coming from the main system across/under the stream and uphill to the western boundary of the property- again, the same area of this lot that had heretofore been undevelopable much less an appropriate location for a drain field.

I would remind you again, at this point, that the wetland categorization comes from Kitsap County documents and not from any other source. Had there been any moral fiber in the nature of the seller's agent for disclosure on this land or perhaps by law a requirement to compensate for the lacking of such integrity, the Mullinex's in all probability would never have purchased this property. Therefore, your inflammatory comments about the vigilantes in the Illahee community being responsible for the plight of the Mullinex family are totally unjustified. What is inexcusable here is how the seller's agent failed this family. It wasn't ignorance on his part, he had been made fully aware of the conditions of this property, and chose his course of action. That is to whom you need to direct your comments on the plight of this family. And, while Kitsap county representatives have done everything they could to help Shaun and Alida; the county is somehow, through a process that I cannot comprehend, culpable. How the Health Department could have approved such a design given all the county maps available documenting this watershed area for the stream, its wells that are a part of the North Perry Water District, Critical Aquifer Recharge Maps, Hazardous areas maps, etc. is again, something I simply do not understand.

As for your statements about the Illahee Community individuals which you maligned in your letter as well as those statements you made about them in two public meetings; those statements need to not only be formally retracted by you, but accompanied with an apology and in such a time and place that they may be viewed in the same venue as they were delivered.

Furthermore, if I had had any reservations about the sub area plans which you have castigated in your letter to our Commissioners especially regarding the Illahee Community Plan, they have disappeared. It is community plans, carefully researched, well written, and empowered by the letter of the law; that will protect the citizens of this community from agents that wish to hide, conceal or otherwise ignore any conditions that might interfere with the development of raw land. I, now, not only fully support the Illahee Community Plan I will make every effort to see that it is not only passed by our Commissioners but that it is maintained.

Linda Drury Hinde

Cc: Commissioner Jan Angel, Commissioner Steve Bauer, and Commissioner Josh Brown (via email)
Katrina Knutson, Associate Planner, DCD (Cc:email and letter)
Barney Bernhard, President, Illahee Community Club (via email)
Shaun and Alida Mullinex (via email)

Status of Hearings & Appeals - 10/18/08

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

Responses and Questions - 10/17/08

Response to Realtor Letter? We have been asked if there will be a response to the Realtor letter that was included as part of the Update on 10/15, or the KAPO letter that was attached to the 10/16 Update. So far we have heard of several individuals who are working on responses to the Realtor letter and when they found out they weren't the only ones responding they said they would like to meet Sunday afternoon or early evening to either coordinate their responses or agree to write their own. If anyone would like to help with the responses, please answer this email as we will pass on the meeting place and time, when it is decided.

KAPO Letter Response. We have had a number of people who want to know more about the Mullenix situation and why the KAPO people are blaming the Illahee community for the Mullenix's problems. A nearby neighbor to the Mullenix property is preparing a response that will likely contain pertinent facts to the situation and controversy. We should be able to get permission to send it out in an Update when the letter is completed.

Illahee Road Opening at Gilberton Creek. Some thought the date of the opening ceremony (Oct 23rd) would be the date the road opened. Actually we did too, until we saw the progress, which was evident from the photos send out earlier this week. The road is now open as shown in the front page headlines in Friday's Kitsap Sun. What a pleasure to not have to drive around anymore.

Other Responses to the Community Plan Attacks? We have been asked what community members can do to show their support for the Illahee Community Plan. The Realtors and KAPO sent their email and letters to the three County Commissioners, with copies to the County Administrator and the Department of Community Development Director. Community members should do likewise. They should also plan on attending the the Commissioner's meeting when the Illahee Plan comes up for a public hearing.

More Ideas Later. We expect there will be more information and other options available and we will pass the information on as it becomes available to us.

Jim Aho

KAPO Targets Illahee Community Plan - 10/16/08

Second Opposition Letter. We just received the second opposition letter that came from the Kitsap Alliance of Property Owners (KAPO), which is provided as an attachment. The letter is signed by Vivian Henderson, who is the Executive Director and one who spoke at both the Commissioners' meeting and the Planning Commission meeting, reportedly asking that the Illahee Community Plan not be adopted.

Endorsement of Realtor Letter. The KAPO letter is an endorsement of the Realtor letter sent that was sent out in an earlier Update, but goes on to present other concerns.

Their Concerns? It appears they are concerned that only "a few voices" (paragraph 2) are speaking for the community and they question whether the plan represents the voice of the community. "KAPO fears the county is giving community organized groups a political voice not enjoyed by other members of the community." (paragraph 5). We are not sure what community organized group KAPO is referring to since we are not aware of any Illahee group being represented on the Citizens Advisory Group.

A Personal Vendetta? In trying to understand where KAPO is coming from it appears they are most concerned that several members on the Citizens Advisory Group were involved in a land use issue a few years ago (paragraphs 8-10) that KAPO took an active interest in. They seem to imply that the Illahee Community Plan was written by those members based on KAPO's statement "Should government empower citizens who use such bullying tactics against their neighbors?" (paragraph 10) This makes it seem more like a personal vendetta against those individuals, who happen to be members of the CAG, than on the Illahee Community Plan itself.

Your Comments Are Solicited. That was our interpretation of the KAPO letter based on what we read. We are anxious to hear your thoughts.

Jim Aho

Illahee Road Project Ceremony Oct 23! - 10/15/08

Attached are two photos showing the progress of the road repairs at Gilberton Creek.

The following is the official notice of the Gilberton Creek Illahee Road opening ceremony scheduled for next Thursday:

---------- Forwarded message ----------

Please plan to join us as we celebrate completing the Illahee Road Project!

Thursday, October 23, 2008
 10:00 a.m.

During December the storm of December 3rd last year a portion of Illahee Road was destroyed by the record-setting rains. Kitsap County Public Works, with assistance from the Washington State Department of Transportation and the Federal Highways Administration began work almost immediately to develop a repair plan. Join Kitsap County Commissioner Josh Brown, Public Works officials, the Illahee community, and other invited guests as we celebrate the work completed.

The celebration will be held adjacent to the road near where the repairs were made. Follow flaggers directions for parking. Please call The Open Line (360-337-5777) if you have questions.

The Open Line
Kitsap County Public Works

(360) 337-5777

www.kitsapgov.com/pw

Realtors Email To Reject Community Plan - 10/15/08

Attachments. Attached find the response we received in our request to obtain the Kitsap County Realtors email and the email letter that basically recommends the Commissioners reject the Illahee Community Plan.

The Battle Has Begun. We heard this group spoke in opposition to the Plan at the County Commissioners' meeting on Monday evening, and again at the Planning Commission meeting on Tuesday evening.

A Second Letter. We also heard there was a second letter received from them that we will try to obtain and pass on.

More Information Coming. We are trying to get more information and will pass it on as it comes in.

One Last Comment. We have been told by some who are aware of this group of people, that once they target something or someone, that the targeted person or group is in for a big fight.

Illahee Has Been Targeted!!! They went on to say that based on what they heard at Monday and Tuesday's meetings that Illahee is apparently their target and the community better get ready for a fight if they want to have a community plan for Illahee.

Jim Aho

Attachment #1

---------- Forwarded message ----------

From: Katrina Knutson

Hi Jim:

You made a public disclosure request for the email. As a government employee, I am required to give you information I have, as it is a public document.

Attachment #2

October 3, 2008

Board of County Commissioners
County Administration Building
619 Division Street
Port Orchard, Washington 98366

RE: Illahee Community Plan

Dear Commissioners:

Several issues have surfaced in our review of the Illahee Community Plan that would appear to require more work before the plan is adopted. Before we address our concerns, we wish to complement the people of the Illahee community area for their hard work and commitment spanning two years to formulate the plan. We also praise the Department of Community Development staff planners for their efforts as well because it is indeed a time consuming task to prepare a comprehensive plan for public review and final approval.

Although a lot of time, commitment, and work have been expended in the development of the plan, there are some oversights that need to be addressed before the proposal is ready for adoption. Our concerns are as follows:

Need for this Sub-Area Plan. The Growth Management Act (GMA) provides for the option of Sub-Area Comprehensive Plans, but we question whether the County has given any pre-thought to how many Sub-Area Comprehensive Plans may be generated? Already there is the Kingston Plan, the Port Blakely Plan, the Keyport Plan, and the McCormick Woods / ULID No. 6 Plan. Besides these sub-area plans, there are the LAMRIDs for Manchester, George's Corner, Suquamish, and Indianola. With each plan comes an individual set of zoning rules to govern land use in these individual areas of the County.

In a period of sixteen years, we have gone from a county with one set of rules governing land use in a Zoning Ordinance with about 78 pages to our present code which has quadrupled in size. Our new present zoning ordinance is difficult to comprehend and has complicated our permit approval process. Those complications and added regulations have increased the need for staff to administer it. So the real question is whether the County afford to keep setting up sub-area plans for each small community within the County? We conclude there is no need for another sub-area plan with its own set of rules.

Public Participation. One of the problems with sub-area plans is the limited opportunity for public participation. There are typically months and months of work on the part of a small group of people and a substantial commitment of DCD staff time, yet people across the County have a vested interest in what happens in each sub-area. The county-wide citizenry does not get a chance to review any of the work in progress until it is packaged for public hearing consideration. Then it is almost too late for substantive questions and challenges to the plan.

Planning Area Boundary. Other than discussion about two adjustments to the planning area boundary, no rationale was presented to justify the planning area boundary shown in Figure 2.1. The descriptions of the history of the Illahee area and the "Visions for the Illahee Community" paint the picture that Illahee is focused around the State Park, Illahee Creek, the Illahee Preserve, and three miles of "pristine waterfront." There is nothing in either of these two discussions to indicate why the western boundary goes all the way west to State Highway 303 (Wheaton Way). Also, the boundary splits two neighborhood areas in the vicinity of Aegean / Sunset Avenues and University point.

Where is the rationale for the inclusion of these areas? Particularly of concern is the commercial area along Wheaton Way. How does this area relate more to Illahee than to Bremerton – especially since the commercial area is not even in the Illahee Creek watershed?

Compliance with County-wide Planning Policies. Section 2.7 and 2.8 of the Illahee Sub Area Plan address the 13 Goals of GMA and the plan's compliance with those goals. Chapter 3 of the plan deals with the history of plan development. However, there is not one mention in the plan of the County-wide Planning Policies adopted by Kitsap County Ordinance 403-2007 on November 19, 2007. This is no small oversight. Element B.4 is particularly relevant as it addresses "Coordinated Growth Management in Urban Growth Areas." Why is there no discussion in the Illahee Sub-Area Plan regarding annexation to the City of Bremerton (see sub paragraph a.). Also important is sub paragraph b. "To maximize the efficient use of urban lands, subdivisions in Urban Growth Areas shall be consistent with the associated jurisdiction's Comprehensive Plan and underlying zoning densities." This requirement has not been addressed in the plan. While it is evident the Illahee area is not adjacent to the City of Bremerton it does abut the City along Riddell Road and it is adjacent to the City's UGA north of Riddell Road.

Subsection B.4.d states "The County and Cities shall establish procedures to facilitate the smooth transfer of governance for associated Urban Growth Area(s) through the adoption of Urban Growth Area Management Agreements (UGAMAs), as per Appendix C: Urban growth area Management Agreements." What is the status of this agreement with Bremerton as it pertains to the Illahee area? Why is this information not disclosed in the plan?

Element F - Contiguous and Orderly Development - There is no discussion in the plan regarding these set of policies.

Element I – Affordable Housing – the Illahee Sub-Area Comprehensive Plan has only two statements in it to address this subject matter. Thus for all intents and purposes the subject matter has been ignored. One would think that Housing Affordability would be addressed in Section 3.10 of the plan pertaining to Goals and Policies and yet there is no mention of this goal or how it might be implemented. The County-wide Planning Policies clearly call for more substantive analysis.

Property Rights. Section 2.8 of the plan addresses the compliance of the plan with the 13 Goals of GMA. Regarding property rights there is only this statement in the plan found on page 21. "The Plan balances new regulations with private property rights through the provisions of the Kitsap County Code." What new regulations?" How does the reader of the plan know whether the Plan is in balance with the Kitsap County Code with or without "new regulations? A one sentence response might be acceptable in an executive summary, but not in a plan where significant changes are being made to land uses and zoning patterns. Also, aspects of the plan definitely affect the constitutional rights given to property owners to use their land. The so-called "Community Tree Protection Standards" found on page 60 represents one such abridgement of a property owner's right to use his or her property. There is no discussion in the plan regarding this issue. There are other provisions that similarly take away or diminish rights of property owners to use their land.

Natural Systems. Where is the discussion to indicate why the 2006 adopted update to the County's 1998 Plan was not adequate to address either the land use or natural system conditions in the Illahee planning area? This question is especially significant in light of the fact that the 2006 plan update changed the zoning from Urban Low to Urban Restricted in much of the planning area due to environmental constraints. Why 25 pages of text devoted to Natural Systems when the County-wide Plan already makes provisions for Natural Systems and in light of the fact there is a Critical Areas Ordinance to implement the County-wide Plan?

The text of this plan is disturbing because there is no clear distinction between what is new in the Sub-Area Plan and what already exists in the County-wide Plan. This concern is particularly evident when the Goals and Policies found in Section 4.10 are considered. How many of these Goals and Policies are redundant? How many are not even necessary in light of other existing plans and regulations? Policies 4.4-1, 4.5-1, 4.5-3 (these already exist in the CAO), 4.6-1and 4.9 should be eliminated. They are unnecessary as they are addressed in the County-wide Plan or in the County's Critical Areas Ordinance.

There are policy statements that really are not policy and provide no real guidance in the land use decision-making process. Included in this category are Policies 4.2-2, 4.3-3, 4.4-3, 4.5-2, 4.6-1, 4.6-2, 4.6-3, 4.6-4 and 4.8. The subject matter addressed in these so-called policies is better handled in discussion text. Kitsap County's 1998 Comprehensive Plan had many such policies and now 10 years later none of those "non-policies" were ever implemented because they were meaningless as directives for action.

The questions and comments recorded about this section of the plan really do need to be answered and the policies section amended to delete the aforementioned policies.

Transportation. The Goals and Policies of this section of the plan have the same kind of problems found in the Natural Systems section. They need to be re-examined, taking out ones that are duplicative in the County-wide Plan and those that provide no real guidance in decision making.

Public Infrastructure. In September 2007, Kitsap County's 2006 Comprehensive Plan update was overturned in part by the Central Puget Sound Growth Management Hearings Board. A central issue in their order of "invalidation" related to the capital facilities element of the Plan and the lack of a showing how utilities – particularly sewer – would be extended into the expanded UGAs to serve development. In light of the County's experience in the aftermath of the 2006 Update, is it not more than just a little ironic that the Illahee Sub-Area Plan contains no discussion about capital improvement financing? While there is a reference to the adoption of the Central Kitsap Wastewater GMA Compliance Plan. However, it is a disservice to the plan reviewer that there is no summary of the provisions of that "compliance plan" as it is pertinent to the Illahee Sub-Area. For example, how much money is going to be allocated to future utility upgrades or new service extensions in the Illahee Sub-Area? Also important is how much will be spent by Kitsap County versus the City of Bremerton or North Perry Water District.

We do not believe the County has justified the need for this Sub-Area Comprehensive Plan. Also, we are concerned that there is no process for citizens of this County to voice their opinion as to whether or not plans should be drafted for particular neighborhoods of the County. Therefore, the Kitsap County Association of REALTORS® hereby request that the Illahee Sub-Area Comprehensive Plan not be adopted until at least the problems identified in this letter are rectified.

Respectfully submitted,

Richard A. Brown

Government Affairs Chairperson
Kitsap County Association of REALTORS®

Miscellaneous Items - 10/11/08

Dock Smelt Fishing. We visited the Illahee community dock on Friday evening and were surprised to find one of the squid fisherman catching smelt on his squid jig. See the photo.

Gilberton Creek Culvert Ceremony. We heard there will be a ceremony on October 23rd at 10 am to celebrate the completion of the Gilberton Creek culvert and paving work on Illahee Road. There will likely be more information on this later that we will pass on as we receive it.

Realtors Reject the Illahee Community Plan. We heard the Kitsap County Association of Realtors sent a letter to the county commissioners and county officials asking them to reject the Illahee Community Plan for a number of reasons including one that evidently states there are enough county subarea plans and they don't want another one. This might be a good opportunity for Illahee residents to contact their realtor friends to find out who this group is and how representative they are of individual realtors. If someone can get a copy of the letter, which we assume is a public letter, we will put it out in an update.

Sewer Public Notices. A number of people who live along the Timbers Edge proposed stormwater and sewer lines did not receive the county notice dated September 18th, that was actually received by the community members beginning on September 26th, with one property owner in Everett receiving his notice on October 1st, one day before the written request deadline of October 2, 2008.

Written Request for Hearing? We heard that in spite of the late notification, several residents sent in written requests for a stormwater and sewer hearing.

November Hearing Date? We additionally heard that a November hearing date was being contemplated by the Hearing Examiner, but only for a sewer hearing, not a stormwater hearing.

Notice Problem. We think the problem with the notice was the map, which was used to determine the notice recipients.

Sewer & Stormwater Lines Not Shown. The sewer and stormwater lines were not shown on the map and therefore many of the recipients who live along the route were not notified.

What Next? We know the county is aware of the problem with the notices not being delivered in a timely manner. We also know the county is aware that the notice did not go to all the affected residents. We are unsure what the county is planning on doing to rectify the situation.

Community Thoughts. (1) Proper and timely notice of the proposed stormwater and sewer line plans need to be given to all the affected residents. (2) The Illahee community needs to ask for a public meeting for the county to explain the sewer issues and the sewer infrastructure plans for the Illahee community. (3) A hearing should be held so the community can respond to the proposed Timbers Edge stormwater and sewer plans being planned for Illahee.

Jim Aho

Miscellaneous Items - 10/6/08

We wanted to pass on some recent photos of rare sight in Puget Sound that occurred last week on Bainbridge Island.

Attached also are comments regarding the photos.

Jim Aho

Hello Kitsap Beach Naturalists and friends- I thought you might be interested in seeing this fish that washed up on a Bainbridge Island beach (off Sunrise, north of Day Road for those familiar with the area). Kim and Ela Esterberg took the original pictures and sent the images to Marcia Lagerloef who is a beach seine volunteer on Bainbridge. I included comments from fish biologists. Hope you all enjoyed the autumn weekend! JEff

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It's a longnose lancetfish (Alepisaurus ferox). Occasionally seen washed up on coastal beaches, but I've never seen one, or heard of one in Puget Sound. They are typically deep-sea dwellers, but make vertical migrations to the surface to feed. I'd be interested in seeing it if it's still around.

Jim Brennan

Marine Habitat Specialist

Washington Sea Grant

I saw a photo of one from a beach near the Port Townsend marine science center not that long ago. An interesting and uncommon fish to run across!



Doris Small, WDFW Watershed Steward

Miscellaneous Items - 10/5/08

Gilberton Creek Road Report. We received the following update from Kitsap County on the progress of the Gilberton Creek culvert and road repairs:

ILLAHEE CULVERT REPLACEMENT PROJECT STATUS

Status: October 1, 2008

This project replaces the roadway and culvert that was washed out during the December 2007 storm. Construction started on August 18, 2008. A new fish passage friendly 10-foot diameter culvert has been installed, streambed material has been added, and backfill for the roadway embankment has been constructed. The project is nearing completion. Installation of utilities are currently underway, asphalt paving is scheduled for the week of October 13th, followed by guardrail installation, and paint striping for roadway channelization. The roadway will be opened to traffic when all work is complete, which, pending any weather delays, is scheduled for October 31, 2008.

The Open Line
 Kitsap County Public Works
 (360) 337-5777
 www.kitsapgov.com/pw

Illahee Creek Culvert Report. We were surprised how much sediment has been moving into the cleaned out Illahee Creek culvert recently. The opening is remaining in the 40 inch range with roughly 20-25% of the excavated deeper hole already filled up. We will try to attach a photo looking downstream through the culvert to show the recent buildup.

Recent Rain. We have a rain reporting station in Illahee and I talked with Barney Bernhard who said we received .94 of an inch the other day and interestingly Barney said the same storm dumped 1.9 inches at the same latitude at Hood Canal.

Barred Owl Goes After Dog. We had a report from a jogger in the Illahee Preserve who had his border collie with him, evidently in front of him, and told how the owl swooped down on the dog and evidently realized it was larger than it thought, and about 3 feet away abruptly pulled up. The owl retreated to a nearby tree which allowed the jogger to identify the deep seated dark eyes characteristic of a barred owl.

Small Hawk Snatches Small Bird. Another jogger reports a small bird along the road east of the Preserve being attached and carried off by a small hawk and said it happened about 20-25 feet in front of him and happened so fast he could hardly comprehend what happened and marvelled at the lightning speed of the hawk.

Salmon Jumping. Periodically salmon have been seen jumping along the Illahee shoreline.

Winter Sea Life Beginning to Emerge. Seals are starting to be seen along area floats in larger numbers, along with cormorants. Also some of the wintering seabirds and ducks have just been spotted.

Timbers Edge. We heard the expert witness reports all made it in by the deadline of September 30th and they were all well done. We will check to see if we can pass them on in an update or possibly put them on the website.

Sewer Hearing? We heard that there were several residents who asked for a sewer hearing by the Oct 2nd deadline and we are wondering how that will be noticed since there were many residents along Illahee Road who weren't notified. We briefly saw one of the sewer letters and would like to have someone scan the document into a pdf file and send it to us so we can pass it on to those who aren't aware of the new one-mile proposed sewer line being run through Illahee.

Keep the Wildlife and Other Reports Coming. We have many tell us they like to read the updates so keep the reports coming in. We will report what you pass on to us.

Jim Aho

Sewer Hearing Request Deadline Today! - 10/2/08

Thursday, October 2,2008 Deadline? According to the notice received by some of the residents along the proposed new one mile sewer line going through historic Illahee, the deadline for requesting a sewer and stormwater hearing is today, Thursday, October 2, 2008.

Request Needs to be in Writing. According to the notice the request also needs to be in writing. It doesn't state where or how it needs to get there, so some in the community are suggesting it be sent by email.

Emails Can be Requests in Writing. The written request can be sent to the Hearing Examiner's assitant, Karen Ascraft whose email is kashcraf@co.kitsap.wa.us.

Public Meeting Before Hearing. Some are suggesting a public meeting before there is a hearing so that residents can make an informed decision. The hearing process is not an informational meeting, but rather a legal process, and doesn't suit the kind of question and answer session residents are asking for. Residents made it clear they want to understand the larger sewer plans before they have to get into possible representation at a legal hearing.

Jim Aho

Sewer Letters Received By Some Residents - 9/30/08

Sorry For the Late Update. "When are you going to provide an update on the sewer letter?" "When are you going to report on the Illahee Community meeting that was held on Sunday?" "This is a travesty for the county to give us no information and ask for a response by October 2." "Is someone going to request a hearing?" "Who is going to provide us information on sewers and the costs?" "Can you give us an example of a letter and where do we send it?" These are some of the responses to the sewer letter received by some Illahee residents last week and questions that were asked on Sunday.

What to do? Many residents in Illahee received a letter on Friday (9/26/08) advising them that stormwater and sewer lines being proposed for the Timbers Edge project was being routed near them. Others who lived near the proposed sewer line did not receive the letter. And many others, who are outside of the planned sewer lines, did not receive the letter and are wondering what this update is all about.

Timely Mailing? The letters were dated September 18, 2008 but were received by Illahee residents on Friday, September 26, 2008. That means it took 9 days to get a letter from Port Orchard to Illahee.

4 Day Response Time? Moreover, the letter requests a response from those living along the storm water line and the proposed one mile path of the sewer line to respond in writing by October 2, 2008, or in 6 days (4 working days) on a subject most don't know anything about as the impacts of what is being planned was not presented.

14 Days Notice Required? It is interesting that from what we understand, a 14 day minimum notice is required. One can only wonder what happened to providing residents proper and timely notice of such an important issue as the running of stormwater and sewer lines through a community.

Notice of Major Infrastructure Plans. One would expect more than just a timely notice of a major infrastructure plans for stormwater and sewers that have long and far reaching impacts for a community. One would expect a community meeting especially for sewers where the county explains their sewer plans to the community at large.

County Sewer Studies/Plans Available. We understand the county has had consultants working on sewer plans for areas around the county and that there is an approved plan for the area, which includes Illahee. In fact, we heard the county is including it in the Illahee Community Plan as it gets ready for final approval.

Meetings Requested. The Illahee Community Club hosted a Timbers Edge update meeting on 9/28/08 and the consensus of the residents in attendance was that they wanted to know from the county just what was being planned for Illahee, not just for this development, but also what the studies and long term plans are.

State Mandate for Public Sewer Meetings? One of the residents thought there are state requirements for public meetings for these kind of major infrastructure projects. They said RCW 36.70A.140 "Comprehensive plans - Ensure public participation" requires public meetings and that the sewer plans being developed are a continuation of the Comprehensive Plan Update from last year that was sent back to Kitsap County by the Growth Management Hearings Board. They felt that with there being sewer infrastructure plans, and a planned sewer project extending a mile through Illahee, that a public meeting was required.

What to do? The often repeated question is - What do we do now? The group that just met on Sunday suggested several things.

1. Inform our County Commissioner and the Department of Community Development about the lack of adequate and timely notice, well short of the 14 day requirement. Josh Brown is our County Commissioner and his phone number is 337-7146. Larry Keaton is head of DCD and his phone number is 337-7181. Their email addresses are noted in the Cc addresses.

2. Request the county schedule a stormwater and sewer infrastructure informational meeting to provide the community with needed information so residents can make an informed decision whether another Timbers Edge hearing is needed to discuss stormwater and sewer issues related to that project. Following the informational meeting let the county send out the Timbers Edge hearing notice in a timely manner such that meets the minimum 14 day requirement.

Get Legal Advice! The Illahee Community Club has retained attorney Ryan Vancil to represent them regarding the Timbers Edge development plans. Attendees at the Sunday meeting requested that Mr. Vancil be asked as to what the community should do next on the sewer issue. We have includes him as an addressee to this update and will pass on to the community any advice he provides.

Jim Aho

Wildlife Update - 9/27/08

Send in Your Wildlife Reports. The wildlife updates are the reason many have requested to be on the Illahee Community Update list. We will try to keep these updates coming, but we need your input. And, don't hesitate to remind us as we receive many emails each day and sometimes important items get overlooked.

Bird Data Near Gilberton Creek. Vic Ulsh recently spoke with Kate Kuhlman of Great Peninsula Conservancy (GPC). GPC is working on potential grant opportunities which could lead to their acquisition of property at/near the mouth of Gilberton Creek. As you know, this creek was severely altered during last December's major flood event. GPC already owns land along this creek. They are contemplating additional land with hopes of habitat restoration work. One area of information which they are looking for assistance is any bird inventory data, including shore birds, in this area. Might anyone in the Illahee Community have any insight on bird activity near Gilberton Creek? Please provide feedback to Vic Ulsh at (360) 479-6900 or vic@bradleyscottinc.com

How Many Salmon Were There In Illahee Creek? The other day we noted that the community was trying to restore salmon to near historic levels and someone asked whether Illahee Creek was a significant salmon stream and just what were the historic levels. The text below is the answer we provided and now others are trying to talk with other old timers to see what they remember. Let us know if you have any additional historical fish information or information of on whether Dr. Schutt had salmon in his reservoir.

When I got involved with Illahee Creek that was one of my first thoughts was what was this stream like before the area was settled. Was this small stream, that flows year round, ever a significant salmon stream?

It does have a history of people getting salmon from it. Ed Fischer, who is now 94 years old, tells about going to LaMotte Creek (Illahee Creek) to get salmon for his mother to smoke and can. Other old timers talk about residents filling up wagons with salmon from the creek. Dr. Ray Schutt (who started the Schutt clinic) put in a small dam on the creek, which then was referred to a Schutt Creek. (Seems like the creek was named by whoever lived at the mouth, until it was finally officially named Illahee Creek.) There were reports of lots of fish and deep pools along the creek corridor during those intervening years, though evidently not the salmon runs of the earlier years.

Illahee Road was put in in the 1930's with two 36" culverts which were noted by some as being salmon barriers. They were replaced in 1999 with a box culvert 14' by 9' which was slowly been filling up with sediment. During the December 3, 2007 storm the culvert filled up almost to the top and was recently cleaned out by the county.

I don't think Illahee Creek was ever a big producer of salmon like some of the other creeks. Because it is a small stream it was likely very easy for early settlers to clean out the salmon. Ed Fischer said they would simply "scoop" the salmon out of the creek.

The salmon I have personally seen in the stream are chum and coho, and some pretty good sized ones at that. When the county cleaned out the culvert I got a chance to watch them move some of the coho fry from the upstream net past the work area and I, like the workers, were surprised by the numbers considering the Dec 3rd storms impact on the creek and culvert. Another of the old time residents who died a year ago and was in his 90's was Meredith Jones, a sheet metal planner and estimator, who talked about watching steelhead follow spawning salmon to eat their eggs. Something that can only probably be seen in small streams like Illahee Creek.

I think the reason for it not being a top producer is of its small size and short length, coupled with the fact that it was probably decimated early on by the locals taking too many of the easily accessible fish.

There have been a number of fisheries biologists who have looked at Illahee Creek over the years. The latest was part of a National Fish and Wildlife Foundation grant. They recommended the Schutt dam be taken out or broken up. They said the sedimentation problems have filled up the pools necessary for good salmon habitat. And they recommended that beaver be used to help with getting more pools in the creek. We will soon get another report regarding getting control of the stormwater surges as part of a Department of Ecology grant. Lots of action for a small stream, but if we don't do something we will end up with another road washout like happened with Gilberton Creek.

Owl Reports. We heard from residents near the 3rd Street wetland areas that they regularly see owls in the area, along with deer.

Squid Report. The squid being caught at the Illahee Community Dock the other night were plentiful, but small.

Cutthroat Jumping. Another report by a waterfront resident noted that cutthroat have been seen jumping along the shoreline.

Nudibranch at Brownsville Marina. This might be a new term for many. These are "soft-bodied, shell-less marine opisthobranch gastropod mollusks, which are noted for their often extraordinary colors and striking forms." We saw one earlier this month at the Brownsville Marina and thought it worth including in this update, see attached photo. Jeff Adams of the UW Sea Grant program identified it for us as "Giant nudibranch - Dendronotus iris - to 12" long," and "...ideal underwater video subject, for either its feeding lunge at a tube-dwelling anemone or its entrancing dance in the water column, well off the bottom." Picture credits go to Bob Stephens of Knoxville, Tenn who was on the boat with us and had his camera ready. 

Jim Aho

Timbers Edge Update Meeting on Sunday - 9/26/08

Update Meeting Requested. Many of you have asked us to report how the Timbers Edge SEPA appeal is progressing. You are also asking if the funding is still coming in and some are asking if more money is needed. And then there is the issue of a new sewer line being run through historic Illahee, approximately one mile in length, that will impact the community. Many residents along the route received notices today (Friday) from Kitsap County of the proposed sewer line.

Meeting Scheduled. The Illahee Community has decided it is time for another meeting and has scheduled a meeting for Sunday (9/28/08) afternoon from 1:30 - 3 pm at the Sylvan Way library to discuss the issues and provide updates. They wanted to note that they tried to have a meeting last weekend but could not find a place to hold it.

Expert Witness Reports. The Community Club was unable to schedule several expert witnesses for the Timbers Edge hearing that was held on 8/28/08, primarily because they wanted to find the best experts available, and those people happen to be in high demand and are extremely busy and their calendars are scheduled out months in advance. The Hearing Examiner left the record open for expert reports until September 30, 2008. One expert is currently out of the country and is working on his report in Africa. We have included a pdf copy of one of the expert witness reports as an attachment to this update. We were quite impressed with his credentials and then the substance of his report.

Jim Aho

Community Plan Approved - 9/23/08

Planning Commissioners Approve Illahee Plan. The Planning Commissioners approved the Illahee Community Plan on Tuesday morning by a vote of 7 for and 1 against. The Commissioner against the Plan was against the concept of community plans in general.

Survey Results. The results of the on-line survey were given to the Commissioners and the comment was made that 98% of the respondents approved of the community plan. We were given a copy of the responses to the questions after the meeting, which will be posted later on the county's website. The responses were interesting to read and they indicate diverse opinions, but nevertheless they were overwhelmingly in support of the Community Plan. We will provide a link later on the www.illaheecommunity.org website.

Tax Title Strip Issue Discussed. Several of the commissioners were concerned that "tax title strips" should not be given special status and the new language in the Plan, that went through county legal review, was questioned regarding its intent. The majority of the commissioners eventually voted to keep the language in the Plan as written.

Tree Preservation. One of the commissioners asked about the Tree Preservation Program and also asked why the Heritage Tree section was voluntary, thinking it should be mandatory. When it was explained that the community wanted a voluntary program rather than a mandatory program the issue went away.

Thanks to Katrina Knutson. Our planner through this process has been Katrina Knutson, who has been very diligent to make sure the public process was followed, and that everyones voice was heard. In the process she took some flak and abuse from both sides. She also helped guide the county's reviews, which covered a number of different departments. And once she had a document that satisfied the community and the county, she had to present it a number of times to the Planning Commission and respond to their questions and inquiries. She made sure no person or group dominated the conversations or the process. We think she was fair and impartial and worked for consensus and the desires and good of the Illahee Community. We couldn't ask for anything more and so we want to give this special note of gratitude and thanks to Katrina on behalf of the Illahee Community. Thank You!

One More Approval Needed. We now need to get the Illahee Community Plan approved by the Board of County Commissioners. Like with the Planning Commission, another public meeting will be held for people to express their views or concerns regarding the Plan. We will let you know the date. There is still the possibility of opposition at this public meeting, but with a 98% approval rating by those responding to the survey, coupled with the approval of the Planning Commission, we should be in a good position for approval, though as people know, anything can happen, especially at public meetings.

Plan is on the County Website. The Plan is on the county website under Subarea Plans, and then Illahee. There are a few minor edits and corrections that need to be made and the map in Figure 6.1 will need to be replaced with the approved map. We have requested several paper copies of the Plan be placed at the Sylvan Way Library once the minor edits are completed. We will also have it on the illaheecommunity.com website soon.

Jim Aho

Miscellaneous Items - 9/21/08

Lengthy Update. We just looked over the contents of this Update, which is rather lengthy, and wish we were reporting on wildlife items instead. On the other hand, all these issues eventually affect wildlife in the area so they are important, just not the kind of issues anyone wants to spend much time on. We are looking forward to the day when items such as these are behind us.

Gilberton Creek Culvert Replacement. The Gilberton Creek culvert replacement project is progressing nicely. The 10 foot diameter culvert is installed and seems almost 200 feet long. We walked through it but by the time we got to the middle it is so dark we could barely see where we were walking. The bottom of the culvert is filled with sediment and rocks mimicking the stream bed upstream and downstream. There is a nice link at the illaheecommunity.com website to a Kitsap Sun video of the construction that has taken place.

Illahee Creek Culvert Cleanout. Kitsap County crews spent nearly two weeks cleaning out the sediment that had filled the Illahee Creek culvert. They also redirected the stream channel that had migrated south and was rechannelizing following the Dec 3rd storm, back into the old stream channel. We heard they encountered a significant number of fish in the process, moving them past the work area as the fish migrated downstream into a capture net. We checked the opening upstream at the culvert inlet following the cleanout and it was 56 inches rather than the 19 inches it had been before the cleanout work began. On Sunday 9/21/08 the sediment had already increased 18 inches at the culvert inlet and the clear opening was 38 inches. There evidently were some issues with the work going on as we heard the Department of Fish and Wildlife put a stop work order out and called for an investigation and we are waiting to hear officially what those issues are.

Raised Flood Plain. Many of those who look at the situation at the Illahee Creek culvert wonder what can be done when the flood plain raises like it did during the December 3rd storm, reportedly 18 inches. When the storm raised the flood plain it nearly filled the culvert and did fill the old stream channel such that a new channel was formed to the south of the old channel and next to the new house structure. The county is hoping by cleaning out the culvert and redirecting the stream (by cleaning out the sediment that filled the old stream channel), that this will prevent a complete failure of the culvert.

Solution or Temporary Fix? - The problem that many see is that sediment is still being flushed down Illahee Creek by unchecked stormwater and will likely fill up the newly dug out culvert and stream bed. The problem is the flood plain upstream of the culvert has also raised by a like amount, possibly around 18 inches, and it becomes impossible to dig out the whole upstream flood plain. And thus the reason continually digging out the culvert sediment is considered a temporary fix.

Long Term Fixes Required. The consensus of many is that the sedimentation problems of Illahee Creek need to be resolved as soon as possible. The Port of Illahee grant with the Department of Ecology will soon identify long term fixes required to control the sedimentation problems. Sedimentation control is the first long term fix that needs to begin once the corrections are identified. The second concurrent long term fix is a likely culvert replacement or a bridge structure along with a corresponding raised road bed, which are the only known long term options identified to date when working with a raised flood plain.

Hearing Notice on McWilliams Road. We have been advised that there is a new hearing notice posted on McWillams Road. It evidently is for another reasonable use permit to go into the wetland buffer area north of McWilliams road where the vehicles are parked. This is the wetland area at the headwater of the North Tributary to Illahee Creek. This tributary supplies about a significant portion of the baseflow to Illahee Creek and residents in the area are wondering why we have wetland regulations since all the requests to go into the buffer areas seem to be approved. After watching what happened to the 3rd Street wetlands the residents aren't sure wetlands get any protection by the county. The hearing scheduled for Sept 25th at 10 a.m. in the Commissioners' Chambers in Port Orchard. Residents are reportedly looking at the file contents sometime before Thursday's hearing and if we get a report from them we will pass it on.

New Sewer Notice & Hearing? We think there will be a sewer hearing notice going to residents along the proposed sewer route that extends from the Timbers Edge project to the Illahee North sewer pump station. The county failed to give notice of the sewer line that is part of the Timbers Edge project and now has agreed to let adjoining residents know of the sewer line. The county is also giving the residents a 14 day time span should a property owner along the route want to request a hearing, as long as the request is in writing.

Should Residents Request a Hearing? Since the county staff has already recommended approval the running of a sewer line through Illahee, does it do any good for residents to request a hearing? Some residents feel they have no say, while others are wanting more information about what is being proposed and wonder how this will affect them now and in the future. And, some say what is being planned is inappropriate. Bottom line is that only the residents along the route will be able to request a hearing on the sewer and stormwater plans.

Another SEPA Appeal? The sewer notice will likely also note that a SEPA appeal can be filed with a $500 fee. The Illahee Community Club wants residents to know that the Club has already filed a SEPA appeal with the county on this project, which includes the sewer plans. The hearing was held on August 28th, with many of the Club's expert witnesses preparing written reports because they were unavailable for the rushed hearing, and are to have their reports in by September 30th. There is no reason for residents to file another SEPA appeal as far as we can determine. If residents are unfamiliar with the Club's appeal, they can contact any of the Club's board members.

Illlahee Community Plan News. We heard several of the Planning Commission members toured Illahee on Friday morning, in preparation for their deliberations on the Illahee Community Plan which is to take place on Tuesday, September 23rd, beginning at 9 am in the Commissioners' Chambers. The Planning Commission public comment period is over but the public can attend the meeting to watch the deliberations. The Planning Commission will then make a recommendation to the County Commissioners, who will have the final say on the Plan. For anyone that is available, this may be an interesting meeting to attend to see how the Planning Commission views the Plan and also to see how they will vote. Note that we were hoping the final plan would have been available on the county website by now. We will have someone at the county on Monday morning who will hopefully be able to pick up a paper copy and also an electronic copy for posting on the Illahee community website, which is www.illaheecommunity.com.

Woods View Decision on Monday. The Illahee Community has been watching the Woods View project proceedings in South Kitsap with a number of Illahee residents attending the various hearings. The County Commissioners will be giving their decision on this project on Monday evening (9/22/08) at 7 pm. They have asked us to stand with them as a sign of support at the meeting. Their website address is www.bccg.org for more information.

Jim Aho

Responses to Last Update - 9/16/08

Another Update Requested. We again have been asked to update the community, but this time in response to the Update that was sent out on Monday.

Sensitive Update? Many times we send out updates with no responses, but this time we received phonecalls and emails, so something we wrote was sensitive or misunderstood, and in this case evidently both.

People Were Upset! We had people who liked the Update and those who were upset that we sent it to Kitsap County personnel and that we included sensitive financial information.

Some Liked It. Not only did some residents like the Update, they also wanted to send in checks to help with the effort.

Upset With It Going to the County. Others were upset that we supposedly gave the county ICC appeal strategy information. They feel the county is working hand in hand with the developer and are not watching out for the interests of the community. Some of the Illahee residents attending the hearing were surprised when they were told that Ron Templeton was not a county attorney as they watched county staff personnel concur with him over and over during the hearing. Ron was the applicant's attorney.

Note: The attorney confusion is understandable as we have seen this behaviour before. We understand the staff's desire to promote a development they have been working on, but we feel they should be neutral once the project gets to a hearing. Up until the time of the hearing they have been the recipients of the developer's side of the story, and even after SEPA comments are received, any changes are based on the developer's interpretation. It isn't until the project is somewhat finalized that the community finally gets a chance to see what it looks like, and in this case for two weeks, if all the files are available.

The Rest of the Story. Once the community gets a chance to see what the project impacts are they then have a short opportunity to present their side of the story. After all, they have to live with the results of a development for years, and from just the effects of stormwater, Illahee residents have little confidence that the county has their long term interests at heart. This is where the community wishes the county would take a neutral stance. Up until the hearing everything on the project is filtered through what the developer wants to do. The hearing is when the community gets a chance to comment on the project and the effects on the community. The community has only a few days available to look at the projects impacts, pay the appeal fees, and expects a fair hearing to present its side of the story, without seemingly fighting both the developer and the county. The community thinks at this point the county should step back and listen to the "rest of the story," wanting what is ultimately what is best for both, but also realizing the community should have a majority say since they have to ultimately live with the project.

Sensitive Financial Information. And there were those upset that we had included sensitive financial information. Some felt the email that we saw was privileged information. Some felt that it gave a message to the county and developer that the community was not receiving enough funds to continue the appeal. On the other hand others we amazed at the amount of money that had been raised in such a short time considering the community does not have any rich benefactors and all the money is coming in in relatively small gifts and some from monthly contributions.

Differing Interpretations. We were surprised at the differing interpretations of the financial information and thus the main reason for this follow-up Update.

A Clarification of Yesterday's Update Regarding Finances. In yesterday's Update, we had no intention of sending a message that the community was even considering abandoning its appeal. We stated that the ICC was sending out another appeal for funds, and that the funds were coming in. Raising funds to continue to litigate this appeal will likely be an ongoing process and the community is responding. The ICC only wanted to make sure people got the message that funds had come in and to let everyone know that the cost of a lawyer and expert witnesses were substantial and they appreciate the community's past and future support.

Community Desires Reiterated. It is clear from the responses we are getting that while there are some who would like to stop the project, the majority just want it done right, primarily with a lower density and less impact to the stream and the aquifers.

A Lengthy But Necessary Response. This is a lengthy response to all those who reacted positively or negatively to the previous update, and we hope this helps put things into perspective. We do try to listen to your comments. Please keep them coming, especially when you disagree.

Jim Aho

Timbers Edge Report - 9/15/08

Report Requested. We have been asked to report on what is happening with the ongoing Timbers Edge hearing that started on August 28th. We attended a recent strategy meeting and have some pertinent news and information to share.

Record to Remain Open Until September 30th. The hearing record was agreed to be kept open because not all of the Illahee Community Club's expert witnesses were not available for the hearing. The dates agreed upon were for the Illahee Community to submit their expert witness reports by September 30th. The applicant would then have until October 15th to rebut those comments, and closing arguments would then be submitted by October 30th.

Sewer Plans Not Properly Noticed. The Illahee Community Club (ICC) contended that the sewering of Illahee was not properly noticed as the Timbers Edge notice only went to those within 400 feet of their project areas. The Hearing Examiner asked the two lawyers to work out how they wanted to handle the County's oversight, which was done with a "Stipulation" document.

Notice to Property Owners Coming? The stipulation was signed by the lawyers on September 4th and states that notice should have been issued to the property owners along the sewage and storm water lines for the project. It further calls for a 14 day period after notice is given, for property owners to comment and a possible hearing will only scheduled if a property owner so requests. The ICC is waiting to see if the county has agreed to the stipulation document, and then needs to see if any property owner(s) request a hearing.

Expert Witness Reports. Because of the pending September 30th deadline the ICC is actively working with experts to obtain expert reports. While a month to contact these people and request reports seemed more than adequate during the hearing, it is a relatively short time span for many professionals who are booked up months in advance. They nevertheless appear at this point to have some commitments to have some reports by the September 30th deadline.

ICC Traffic Expert. At the August 28th hearing, the ICC's traffic expert, Robert Bernstein, reported significant traffic safety issues with the project, which the residents who live along Fir Drive were well aware of. In legal cases it takes the experts to tell the Hearing Examiner what the impacts are and if they are significant, as was accomplished by Mr. Bernstein. 

Other Experts? The ICC is looking at other expert witnesses to cover the areas of fisheries biologist (secured), geological engineer (discussing price), stormwater engineer (secured), hydrologist (a commitment, but currently on travel), waste water engineer (ongoing discussions), culvert/bridge design engineer (still searching for one), and architects (possible contacts identified).

Residents Upset and Responding. The ICC folks tell us Illahee residents decided to fight the development because of the small lots and tightly spaced houses and their concerns for their neighborhoods and Illahee Creek. They also noted that the residents have committed financially to the effort.

Thank You For Supporting the Appeals!!! The ICC thanks the community for the moral encouragement and financial support for these appeals.

Let the ICC Know Your Thoughts. The ICC Board of Directors would like to know what your thoughts and comments are regarding these legal actions and any other thoughts on what you would like to see the Illahee Community Club accomplish. You can do so with letters to the ICC, P.O. Box 2563, Bremerton, WA 98310 or simply respond via email to this update, and we will pass the information on.

Jim Aho

Planning Commission Meeting - 9/10/08

Planning Commission Meeting. The Planning Commission heard public testimony regarding the Illahee Community Plan on Tuesday evening (9/9/08). There were only a couple of Illahee residents who spoke, though others were in the audience and ready to speak if they thought it necessary.

Decision on September 23rd. There were few comments or questions for the speakers and the Planning Commission will deliberate and come to a decision at their next meeting on September 23, 2008. The next step will be a public meeting before the County Commissioners.

No Opposition. Someone commented that after nearly 3 years of working on the plan, sending it out to the community for comments at every opportunity, and incorporating nearly every comment, and then giving it to the county to go through their public process, that there shouldn't be any opposition, and there wasn't.

Thanks to the County Planners. The community thanked Katrina Knutson and Jonathan Pavy for all their work in getting the Plan through the first stage of the public and county processes. The second stage will be a public meeting before the County Commissioners.

Personal Comments. My personal comments, after working with the community on the Plan from the very beginning, are as as follows:

I thank the Port of Illahee and specifically Dennis Sheeran for co-chairing the initial efforts that got the Illahee subarea planning process started.

I thank all those Illahee citizens who responded to that first questionnaire that appeared in their paper boxes and door steps, for their thoughtful responses and suggestions.

I thank the nearly 100 residents who indicated on the questionnaire that they would be members of a Citizens Advisory Group to work on the Plan.

I thank all those who wrote, modified, edited and otherwise contributed to the various drafts that were prepared over the past almost three years.

I thank those who continued on with the process through the county's Citizen Advisory Group to see the Plan to completion.

I thank all those individuals who contributed financially to cover the expenses such as printing costs of the various drafts of the Plan, along with the help received from the Port of Illahee, the Illahee Forest Preserve, and the Illahee Community Club. As the county knows those printing costs are considerable.

I thank Laurie Jones, our Illahee website administrator, who posted copies of the Illahee Plan on our website, illaheecommunity.com, thereby making the Plan available to more people.

I especially thank our primary editors of the final draft copy that was given to the county, Mary Ann Wright and Vicki Bartlett. They did an unbelievable job of making things read and look right.

I thank the county for accepting so much of what the community prepared and wrote.

I thank the county commissioners, especially in 2006, who patiently listened to Illahee citizens come before them with studies supporting zoning requests, and for their granting the majority of them.

I thank past County Commissioner Patty Lent and the county planning staff who first met with us for the support of the various maps that were needed for the Plan. Without the maps we would not have been able to proceed.

I thank Cindy Read for the excellent job of preparing the numerous maps that are in the Plan that really tell the Illahee story.

I thank the current commissioners and specifically Josh Brown for including the Illahee Community Plan to be reviewed in 2008.

And finally, I thank the people of Illahee for their community spirit and insightful thinking that brought forth a Plan that represents the will of the majority of Illahee citizens.

Jim Aho

Miscellaneous Items - 9/8/08

Tuesday Meeting. The Planning Commission's public meeting to review the Illahee Community Plan is Tuesday evening, September 9, 2008 in the Commissioners' Chambers in the County Administration building in Port Orchard.

Meeting Start Time? The meeting begins at 6:30 pm but we are unsure exactly when the Illahee Plan will come up. The county's website notes the Illahee Plan will be discussed at 7:30 pm. If we find there is a better schedule we will provide another update.

Can't Make The Meeting? We have been contacted by a number of people who have indicated they cannot make the Planning Commission meeting on Tuesday for a variety of reasons and have asked us if they should send an email to the Planning Commission. We asked the question and presume the best way is to email our county planner, Katrina Knutson, to indicate your support of the Plan. Her email address is KKnutson@co.kitsap.wa.us.

Gilberton Creek Culvert Progress. There has been significant progress with the Gilberton Creek culvert replacement at the Gilberton Creek washout along Illahee Road. Last week the first half of the culvert was installed, and we presume the other half is being installed today, Monday.

Illahee Creek Culvert Cleanout. The County has been working to cleanout the Illahee Creek culvert that nearly filled up during the December 3, 2007 storm. They are also cleaning out the stream channel that filled up with sediment and created stream passage issues for fish. The hopes are that this will prevent a washout of the culvert once the winter storms begin.

Illahee Creek Salmon. The County has encountered a relatively large number of salmon inhabiting Illahee Creek and are moving them around their work areas to the lower part of the creek. We looked at one of the salmon fry and thought is was a chum salmon, but after talking with fisheries biologists believe they are coho salmon getting ready to go to the salt water after spending nearly a year in the stream.

Jim Aho

Upcoming Sept 9 Planing Commission Meeting - 9/4/08

Meeting Reminder. This is a reminder that the Illahee Community Plan will be discussed at the next Planning Commission Meeting.

Public Meeting for Community Input. This is a public meeting and an opportunity for the public to express to the Planning Commission their thoughts on the Plan.

Meeting is September 9th at 6:30 pm. The Planning Commission meets on Tuesday evening the 9th of September beginning at 6:30 pm in the Commissioner's Chambers of the new County Administration Building in Port Orchard.

Two Items on Agenda. Note that the Planning Commission will also be discussing the Waaga Way extension during the meeting so depending on how many people are attending that portion of the meeting, the seating my be tight for awhile.

Please Attend if Possible. It is important that as many Illahee residents as possible attend the meeting to show your support of the Plan that has taken nearly three years, and input from many citizens, to complete.

Final Draft Copies Available Soon. We have heard that CDs of the plan will soon be available, along with a number of paper copies for review at the reference desk of the Sylvan Way library, and that the final draft version will also be on the county's and community's websites.

Questionnaire Still Available? We also think the questionnaire will be available until September 9th for those who have not completed it yet.

Comments? As always, your comments are welcome.

Jim Aho

Miscellaneous Items - 9/2/08

Sept 9, 2008 Planning Commission Meeting. The Illahee Community Plan will have a public hearing before the Kitsap County Planning Commission one week from today, on Tuesday (9/9/08) evening at 6:30 pm (with the Illahee Plan tentatively scheduled to start at 7:30). The Plan was briefed to Commission members on 8/26/08 by Katrina Knutson. The auditory recording of that briefing (21 minutes into the recording) is available at the county website under the Planning Commission. This is the first of two public hearings on the Plan, the second being before the County Commissioners. It is important to show community support for the Plan since opponents will often wait until public meetings to voice any discontent.

Amazing Illahee Wildlife Story. This story about a deer and raccoon working together was amazing and we wanted to share it with the community.

Just a note to say that "my big buck" payed another visit to my yard this week. He is just fantastic…tall,3 prongs and happy to trim my blackberries for me. So what if he takes a few nibbles of the roses and honeysuckle as he works his way through my yard! Not long ago he paired up with a raccoon in a real Bonnie and Clyde act. He led the way out of the greenbelt followed closely by the coon. They strolled over to my neighbors apple tree which the coon proceeded to climb and shake the apples down for the deer to eat! I am also just under the flight path for the bald eagle that roosts above RueVilla. How wonderful it is to live in this beautiful area. ......

Timbers Edge Update. We have been getting some inquiries regarding what the next steps are for the Illahee Community regarding the Timbers Edge development and more specifically, what is happening with the hearing that was held on the 28th of August. We are collecting comments from those who attended the hearing and others and will put the information together later.

Save Illahee Signs. We noticed several "Save Illahee" signs the other day. We just found out Judith Krigsman has 12 remaining signs available for $12 each.

New Sewer Trunk Line Through Illahee. The Timbers Edge development calls for the running of a public sewer main through Illahee, from approximately Nobles Lane, down Fir Drive, and then north through historic Illahee, to the Illahee North sewer pump station. There was no public notice of this pressurized trunk line except for those parcels around the Timbers Edge development area and the stormwater outfall located near the mouth of Illahee Creek. The Illahee Community Club feels that the residents affected by the public sewer line also need to be notified as County Code states that those within 200 feet of a public sewer are required to hook up, even though that law is not currently being enforced. This issue was briefly discussed at the Timbers Edge hearing and is to be discussed amongst the lawyers and county this week.

Major Impacts Require Public Notice and Hearings. When impacts to the community of this magnitude are being planned the community needs to given public notice and an opportunity for public hearings to understand the impact on affected residents and the community at large.

Jim Aho