CAG Members? - 10/31/08

Appendix to the Illahee Community Plan? We are helping finalize the Citizens Advisory Group (CAG) list, which we think will be included as an Appendix to the Illahee Community Plan. This list will attest to our efforts to involve as many residents as possible in the development of Illahee's Plan.

The 2008 CAG List Is Small. The county has only a small list of members for 2008, especially in comparison to the number of those who participated in 2006 and 2007. Part of the problem is a number of the 2008 participants failed to sign in at the meetings or to check the box that they wanted to be CAG members.

2006 & 2007 CAG Participants. We are in the process of verifying the CAG participants for the years of 2006 and 2007. We had about 80 residents who indicated their CAG interest on the initial questionnaire that was distributed in the community, and more who volunteered afterward.

Notices Have Gone Out. We have sent out a number of emails and letters to verify name spelling and to make sure recipients wanted their names included.

Participation Requirements? Some have asked what the participation requirements are. They are basically to have been involved in some way with the development of the Plan. Some have been quiet at meetings, some have been unable to attend meetings but reviewed emailed materials, some monitored the process to make sure we didn't stray from what they wanted in the Plan, and some were more materially involved such as with writing, editing, critiquing, and attending meetings. All this help was needed and greatly appreciated.

Website Access & Updates Used. When we first started working on the Plan, many indicated they were unable to attend all the meetings because of work or other obligations and asked to receive Plan information electronically or by mail. We created a website for the information and emailed information to all those who provided an email address.

Letters Used Early On. We tried to communicate with letters early on for those without email, but stopped because of the time and expense of mailings. We know that decision affected some of the early CAG members, and we regret they were not provided the same amount of information as those with email. We do know, however, that many residents who received email updates shared them with their neighbors without email.

Didn't Receive a Notice? If you didn't receive an email notice or a letter this week, and participated in some way with developing the Plan, please let us know right away. We want to recognize all CAG participants.

Let Us Know By Nov 7th. Please email us quickly as our deadline to complete the CAG list is November 7th. You can also call Jim Aho @ 479-1049 or Mary Ann Wright @ 475-0330.

Dennis Sheeran & Jim Aho

Citizens Call to Arms Letter - 10/30/08

Last Update Entry. In our last update, see below, we said we would try to obtain more information about a reported citizens letter, and if possible, obtain a copy to pass on.

Illahee Community Plan Letter? We heard there is a group working on a letter to distribute to Illahee residents regarding the recent opposition to the Illahee Community Plan by the Realtor Board and the KAPO Executive Director. We will try to find out more and if possible print the letter.

Reason for the Letter #1. Evidently this letter was drafted for some residents to copy and distribute in their neighborhoods. We saw one email where the person was going to change the title to something they felt more comfortable with. We heard there were some who felt their neighbors were not aware of the controversy and wanted to use the letter as a way to explain what was happening.

Reason for the Letter #2. Another person was more frank in describing their reason for helping with the letter, i.e., that the Update we issued regarding the subject did not adequately stress the importance of having residents write to the Commissioners or the necessity of residents attending the public meeting on November 24th.

The Letter. Note that we try to maintain impartiality in the Updates we issue and as such try to just report the facts. We do, however, pass on most of the information we receive, with little or no editing.

Keep the Information Coming.

Jim Aho

Miscellaneous Items - 10/29/08

Boat Information. Last weekend we had residents ask about an anchored boat named the "Rogue" that was here for a few days. It turns out it is a fish processing ship that buys fish, most likely from the all the gillnetters that were in the area. Someone sent in the ship details which are noted below:

Data found in current database.
Vessel Name:ROGUE USCG Doc. No.:944290
Vessel Service:FISH PROCESSING VESSELIMO Number:8990809
Trade Indicator:Coastwise Unrestricted, Fishery, RegistryCall Sign:WAI6526
Hull Material:STEELHull Number:14
Ship Builder:GIDDINGS BOAT WORKS, INC.Year Built:1989

Length (ft.):85.6
Hailing Port:SEATTLE WAHull Depth (ft.):8.4
Owner:LIGHTSHIP INC
16721 104TH AVE NE
BOTHELL, WA 98011-4020Hull Breadth (ft.):24.4
Gross Tonnage:162
Net Tonnage:103
Documentation Issuance Date:March 25, 2008Documentation Expiration Date:March 31, 2009

Seals or Sea Lions Barking. Our report on whether the barking is from seals or sea lions brought the following response:

Do not know if the reported barking is from the California Sea Lion critters that have been fall and winter visitors to Shilshole Bay and the marina in Ballard to feed on the fish at the ship canal, but I can assure you that their constant barking is a real nuisance. They congregate there for the salmon and Steelhead runs and rest on the breakwater at the marina and sometimes on the boat docks and on boats. 800 to 1000 # critters can be a problem at the marina. There would have to be a plentiful supply of fish to attract them here. Sea Elephants can also be seen at times near Shilshole Bay, they are really big and ugly.

Illahee Community Plan Letter? We heard there is a group working on a letter to distribute to Illahee residents regarding the recent opposition to the Illahee Community Plan by the Realtor Board and the KAPO Executive Director. We will try to find out more and if possible print the letter.

Jim Aho

Ship and Salmon - 10/25/08

Anchored Ship South of Schutt's Point. We have had several inquires about the ship anchored just south of Schutt's Point. One email said the name of the ship is the Rogue and it is out of Seattle. Let us know if you have any other information. When we had a large ship anchored in Illahee last year someone went out to the ship in a kayak to get the information. We are attaching a photo of the ship taken by George Schaefer for those who haven't seen it yet.

Chum Coming In. We received the following report about chum in Johnson Creek:

We found two apparently spawned out dead male chum salmon in Johnson Creek yesterday afternoon (Friday, Oct. 24). The salmon were splashing in and up Johnson Creek all night. Apparently the run is on early. Based on this report we will start watching for spawning salmon in Illahee Creek.

Gill Netters. The gill netters have been out at night for at least the last week and we are told they usually leave about 4 am. Today, Saturday 10/25/08, they were also out during the day. We had a report of salmon jumping in the bay which confirms the report that the chum seem to be coming in early this year. In case your aren't familiar with this type of fishing we have attached a definition and a picture of a typical boat.

Gillnetting is a harvesting technique employing fine-filament nets that are set like a giant badminton net across the path of migrating salmon. The top edge is held up by floats, and the bottom is pulled down by a heavy lead line forming a wall in the water that entangles fish by their gills.

Reports Received. Attached are a some reports to pass on from your Illahee neighbors.

Thanks for the link on the cougar siting. I live between the Cheney Estates and the park, and I certainly will be more cautious with my evening walks! I have noticed a drop off in raccoons here, and that could be the answer......... something big is eating them. Can they jump a 6 foot fence?

A week ago, we saw a sea lion heading from Illahee State park, north toward Illahee dock, he had not yet passed, what to me as a child was Scutts Point. There was also one seal in the bay that we could easily see. I am also hearing the barking, and to me it seems to be coming from the private docks on Bainbridge, across from the Point.

We also have deer or had deer on our property, and in the past 3 months have seen very large scat, perhaps it was cougar, certainly not any common droppings that we usually run across. Our geese are thinning out leaving a two groups that occasionally merge together to form 17 geese. .....

Keep the reports coming. We will pass them on.

Jim Aho

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

---------------------------------------------------

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