Miscellaneous Items - 5/11/09

Illahee Creek Culvert.  Last summer the Illahee Creek culvert under Illahee Road was cleaned of sediment such that a bobcat loader could be driven in the culvert.  It quickly filled up from our normal rains and after the last rain we took the picture at the end of this email to check the impact of the last storm.  The culvert performed better than expected though the gravel bank inside the culvert is growing.  The county is proposing an annual cleaning of the culvert to prevent it from filling up and possibly washing out the road.

Last Week's Rain.  We received the following report (on May 6th) on how much rain was received in Illahee last week.

I was amazed at the 2.49 inches in 24 hour period ending Tuesday evening.  This is the most 24 hour rainfall since the December 3rd 2007 storm.  With today's rain we may well be over 3 inches for the 2 day period. 

Miscellaneous Items - 5/10/09

Deer Solutions Received.  We received a good response to the question of how to keep deer from decimating gardens and landscaping.

 I use a product called Bobbex that keeps deer from eating my roses.  You can get it at nurseries.  It’s a very foul-smelling spray, but when I cut a rose and bring it indoors, I don’t smell the Bobbex at all.  On the other hand I wouldn’t use it on anything I intended to eat; I heard it’s made from coyote urine.

A large caliber revolver would solve the deer problem. However that could get you in trouble with the law. Alternative: get a hunting license and a bow and solve the problem that way. Kill pun (intended) two birds with one stone. deer problem gone and food for a year.

We've been in Rue Villa for 43 years and have been visited by deer every year. Our plantings are native rhodies, ferns, evergreen shrubs etc. As has been said many times, the deer lived with the native American long before we got here.

We have been rather successful in keeping deer out of our garden by using a "Scarecrow".  It's a motion activated sprinkler.   This is a link to a picture with description on Amazon.  http://www.amazon.com/dp/B000071NUS/?tag=googhydr-20&hvadid=3511465617&ref=pd_sl_92buo5st8s_e

I heard that if you contact a zoo and get lion feces and put them around your fence deer will not cross. I know someone who says dog feces do the same. I have not tired this. There might be a good source of this if you visit Squim Wild Game Park.

Now, what do you do to live with River Otters?

Deer: my only suggestion is to make up a solution of egg and water (like one egg in an osterizer of water. or even half an egg), and spray it on the targeted shrubs, maybe once a week (or more with the rain?) Deer do NOT like the taste of eggs. With regards to landscaping "go native" those plants which are native to this area stand the best chance of surviving the deer onslaught. Viewcrest hasn't seen any yet, but they do come out of the Cheney estate sometimes. Rosemary and hemlock should slow them down, too.

My wife drove a friend to Bainbridge Island some time back  to a house she was staying in for a visit.  The owners weren't there, but there was a key in the backyard.  Unfortunately, the owners had forgotten to disable the deer protection system for their beautiful property.  When my wife and her friend went to get the key, they were soaked by hard-hitting sprinklers triggered by motion-detectors.  This may be too expensive for most, but apparently it does work since the beautiful backyard was untouched by Bambi's lips.

The only thing about keeping deer out your probably that I have heard is to tie Irish Spring soap all around your property that they don't like the smell.

Deer discouragement:  Blood meal quite often works.

Sandpiper Picture Update.  The last egg in the nest did not hatch.

Canada Goose Nest.  We have included three pictures of a Canada goose sitting on a nest.  The first photo is without zooming in and the others are with the zoom.  She has been there for three weeks now and we have only seen her leave the nest once, though she could be leaving when we aren't around.  As such we don't know how many eggs there are in the nest.  We think it takes about a month before they hatch and will report on the outcome. 

Timbers Edge Email.  We received the following email with regards to an email sent by the Timbers Edge engineer.  We have permission to share it and it shows how many feel about the proposed development as currently planned.

The Illahee Community is a well organized group of citizens who represent a diverse segment of our community.  We live here, understand science, do not play politics, and I for one, and don’t appreciate
the "big boys" exchanging emails of a case that is on appeal to the Kitsap County Board of Commissioners, and let me refer to this as "Timbers Edge".

Secondly, Mr. Mark Kuhlman does not represent the Illahee Community, and should not be giving advice or lead you to believe that his thoughts regarding Timbers Edge, have been discussed with our community or that they represent the views of the community. These exchanges of emails regarding closed record appeals then appear in your files from Mr. Kuhlman and end up as new information in projects that come before you at hearings.  DCD should be very careful with what they say, how they say it, and to whom they exchange these emails.

Fourthly, regarding the recent emails between Kuhlman, Grellner, Keeton and Greetham, I believe you should refer to page 21 of the Brown and Caldwell Report for the Central Kitsap Wastewater GMA Compliance Plan prepared in February 2008.  "Recent investigations have shown that groundwater recharge from septic systems represents a sizable proportion of the annual aquifer recharge.  This has led to a recommendation that the County encourage on-site septic systems over the sewer hook-ups where appropriate densities occur."

Lastly, as a holder of Senior Water Rights and Wildlife Protection Rights per my
registered certificates, I would hope that these old homestead certificates have
some meaning in Kitsap County.  With these water rights and wildlife protection
rights as a homeowner, I am affected by decisions made in DCD on my 15 acre
parcel adjacent to your proposed development both on the shoreline and uphill at Timbers Edge.  I take this very seriously, as I watch the base flow and salmon
disappear in Illahee Creek.   I expect more from your department, then these
email exchanges provide.  I expect science, not guessing games to show what I
already know, that IIlahee Creek is in danger at this time, because of aquifer
recharge issues.  This is not about politics.  This is about very important
decision making taking place in your departments.  This is about the conditions
on Illahee Creek.  This is about the death of something bigger than your
exchange of emails to "get the project in”.  These are decisions which could
adversely affect Illahee Creek, a place where fish have historically thrived and
now base flow is threatened and on the decline.

May 18th Meeting.  Remember that one of the major agenda items for the Monday evening (May 18th) Illahee Community Club meeting (6:30 pm at the Unitarian Church) is to discuss Timbers Edge and come up with a settlement offer the community can live with.

Jim Aho

Miscellaneous Items - 5/6/09

Back in Town.  We are back after a nice trip to several of the Hawaii islands and came back to see brown silt-laden water out in the bay from the storm surges that decimate Illahee Creek during every significant storm. 

 

Illahee Creek Culvert.  Irwin Krigsman said if the county had not cleaned out the culvert last year, Tuesday's storm would have likely clogged the culvert, flooded their property, and possibly taken out Illahee Road.  That is one of the primary reasons residents are so concerned about stormwater and its impact on the creek, not to mention its effect on salmon and riparian habitat.

 

Cumulative Effects on Culvert.  The problem is the cumulative effects from upstream developments that did not adequately evaluate the effects of stormwater on the stream, nor were they concerned with aquifer recharge - some of the issues that the community is concerned about with the Timbers Edge project.  The County approved all the previous developments, including Timbers Edge, which leaves the community with the after affects and the job of trying to restore the damage.  As one resident said, "this is getting very frustrating."

 

Deer Issues.  Not everyone in Illahee likes deer, or should we say they don't like what the deer do to their yards and gardens.  We have had a number of responses indicating their frustrations (see the below received response). 

 

These critters might be cute, but they are very destructive .
We live in Illahee and every since these cute fury critters have found our property, they have grazed on every living piece of vegetation that we have planted including a garden which has become none existent as they tell there buddies about the smorgasbord and dining pleasure that our neighbors and we provide.
They have take thousands of dollars worth of expensive landscaping and have grazed on it until there is nothing left but twigs and sticks left.
I wish there was something to do to get them out of this area so everyone who had invested thousands of dollars could get there wonderful landscaping back. What was once like Buchard Gardens has now become Stump Gully.
Does any one want to adopt our "Could Care Less About Your Landscaping Deer" ?
Please let these cute furry Vegetation Exterminators find greener pastures.

 

Our Deer Experience.  There was a big doe that some had named Sophia that would usually have twin fawns each year and they regularly visited our garden (she was killed by a car several years ago).  We tried special sprays, hanging extra fragrant soaps, garlic plants, and finally had to resort to extra high fences.  Last year the deer even went through the plastic mesh fencing that was getting old and had lost its strength.  We found they are especially fond of beans and we will soon be trying to protect them again from the deer.

 

Deer Solutions.  Let us know if you have some solutions that work and we will pass them on.

 

Coyote Sighting.  The following report was received recently.

 

Last Wednesday morning when returning from my morning run shortly after 6am, I saw a coyote running West on Wise Street then turned South on Sunset and made a right turn into the Illahee Forest behind the golf course.

 

ICC Non-Profit Status Approved.  We recently received word that the Illahee Community Club's IRS status was upgraded from a 501.c.4 to a 501.c.3, effective in 2008.  We understand the ICC has been working on this since they decided to reorganize in November 2007.  Some of the longtime members who were around in 1959 when the Club requested IRS status, thought the ICC was a 501.c.3 so it took a little time to get everything straightened out and the new paperwork submitted.  Thanks to all those who persisted in getting that task done.

 

State Registration.  The previous ICC state paperwork was found to be up to date.  It had been registered with the Secretary of State and Audrey Boyer had been paying the required State of Washington's yearly filing fee (thank you Audrey) which kept the club current with state officials.

 

Timbers Edge Appeal.  We aren't sure what to report on this.  We know the lawyers involved had a meeting to discuss the possibility of compromises.  We know the appeal was filed.  We have seen some recent emails initiated by the Timbers Edge engineer that the county is responding to.  The community will also need to respond.  This will certainly be a discussion item at the next ICC quarterly meeting.

 

Commissioner Appeal?  We have been asked again about what we should expect when the ICC appeal goes before the County Commissioners.  The assessment of many is that Commissioner Baurer talks as though he is concerned about the environment, but doesn't vote that way.  Commissioner Brown voted with the community on the Outfall Project, which was encouraging.  And Commissioner Garrido is an unknown at this point.  Commissioners as a whole tend to vote with the decision of County staff and the Hearing Examiner, even if those decisions are poor for the environment and go against the community.

 

ICC Quarterly Meeting.  We just talked with Barney Bernhard, the ICC president, who advised us the Illahee Community Club will be holding itsquarterly meeting at the Unitarian Fellowship Church on Monday, May 18th, at 6:30 pm.  On the meeting agenda there will be a discussion of what kind of compromises the community will agree to with the Timbers Edge project.  This should be an interesting meeting.

 

Our Assessment.  While many are hopeful there could be a settlement with the Timbers Edge group, we have not found them to be very accommodating or interested in compromise.  The bottom line with them are the small lots (mostly 3400 sq ft) which gives them the maximum number of houses, and therefore maximum profit.  Because they were "grandfathered" with the higher density (5-9 units per acre), that is what they have planned for, even though they could now go for 1-4 units per acre. 

 

County Position?  While the county has supported the development with their decision that there will not be any significant environmental impacts, a decision the community is vigorously contesting, the county has shown a willingness to work with groups working towards a settlement. 

 

Your Thoughts?  Let us know your thoughts on these matters.

 

Jim Aho

Miscellaneous Items - 4/25/09

More Deer Photos.  We received some more deer photos taken in the Gilberton area.  Below is the text of the email.

 

Continue to enjoy your updates and photos even though I don't live in Illahee.  Attached are some photos of a mostly white buck that has been around for a while.  The photos are a little "fuzzy" because I went to 20X digital zoom since my camera will only go to 5X optical.  The DSC0260  photo is from late last summer and clearly shows his spike horns.  The rest were taken last week and he has clearly grown larger.  I wonder if this deer may be the result of a cross between a native Black Tail and one of the white deer that are grown at the Bed & Breakfast across from 3rd on Illahee.  I know that these white deer have "escaped" before because the wife and I helped the owner herd them back onto his property.  I'm sure there have been other sightings in the area?????????

 

Loon.  We have had a loon around here that was first seen on April 2nd and again on April 24th.  We usually see loons in the fall when they pass through and again in the spring.  We are wondering if this is the same loon that was seen earlier this month and wonder if it is staying around, nesting, in the area.

 

Wigeon.  Another strange bird sighting was a mated couple of wigeon that seemed to be hanging around in the area.  We were hoping to get a photo and don't know if they are still around or decided to go north.

 

Timbers Edge Appeal Filed.  We were able to get a pdf file of the appeal that was filed on Friday by the Illahee Community Club.  It evidently was a collaborative effort that reads rather well considering there were a number of people working on it.  Let us know your thoughts and we will pass them on.  We were also reminded that the Club is collecting funds for the appeal and hope that by posting it to the community, that it may bring in additional funds.  The pdf file is attached.

 

Jim Aho

Miscellaneous Items - 4/23/09

Canada Goose Nest.  Our neighbors have a Canada goose that has been faithfully sitting on a nest for the last three days.  We tried to see if we could see how many eggs there are as she leaves the nest for about a half hour each morning, but she had covered them up with small feathers and nesting material.  We were hoping to monitor the nest until the eggs hatch but will be out of town for a week.  If someone else has a similar situation and is willing to take photos, we will pass them on.

 

Deer Photos.  Attached are some photos that were sent in after the dead deer photo.

For all those that were upset about photos of the dead deer, here are some photo's of a very lively one in my back yard.

 

Illahee Dock Inquiry Inspiration for Squid Jigs.  During the winter months the Illahee dock is often lined with squid fisherman.  We have been monitoring the squid fishing there for years and this year especially noted the wider hooked squid jigs were much more productive than the old style that has been around for years.  After the article in the Kitsap Sun, we know they are not only locally produced, but their inspiration was from a trip to the Illahee dock.  The link for the story is:

http://kitsapsun.com/news/2009/apr/20/squid-jigs-made-by-bremerton-couple-hit-the-big/

 

Timbers Edge Appeal.  We understand there are several persons working on the Timbers Edge appeal to the County Commissioners that is due on Friday, 4-24-09.  We will try to get a copy, since it will become a public record, and pass it on as an attachment.

 

Illahee State Park.  We have been asked what can be done to help make sure Illahee State Park is not mothballed or turned into a homeless camp.  We aren't sure how to respond, but did notice in the Kitsap Sun a short article on Wednesday that the House passed a measure to add a $5 "opt out" fee to annual vehicle registrations in order to keep our state parks open.  The bill then goes to the Senate.  The Park's Commission hopes the new fee will add $20 million for parks.  We will continue to try and monitor this, but could use some help since we will be out of town for a week.

 

Jim Aho

Wildlife & State Park Info - 4/18/09

Recent Photos.  In the past few days we have been receiving a number of wildlife photos.  In this update are some bird photos.  Deer (alive) photos will be sent in a later update.

Killdeer Nest & Killdeer.  The first three photos were evidently taken on Thursday.  Following is text of the email we received.

Here are some pictures of our Killdeer and her nest.  She first scolded me, then tried to lead me away with the old broken wing trick, then she watched as I took pictures of her babies.  Where's Waldo:  In picture 10 can you find the nest?

Eggs Hatch.  On Friday we received the fourth photo and the following text:

3 of the 4 eggs hatched today.  The chicks are even harder to see than the eggs....

Eagle on Nest.  Today we received the eagle nest photos and the following text:

Attached are photos of an eagle sitting on a nest in Manette taken 4/18/09.  The Lombard Poplar tree has just begun to leaf out in the past 2 days.  I expect we should be getting very near hatch date for this nest within the next week or so (assuming 35 day incubation period). 

Plans for Homeless in Illahee State Park?  In Saturday's Kitsap Sun there was an article about the cut in social services that contained one solution that was being proposed which is to recommended Illahee State Park be used to house the homeless if the park is going to be mothballed.  We thought Illahee residents might like to look at the linked article.

http://kitsapsun.com/news/2009/apr/17/groups-preparing-for-the-rollback-of-health/

Thank You!  Thank you to all for sending the photos.

Jim Aho

Illahee Preserve & Misc Responses - 4/17/09

Preserve Issues.  We just received the following email regarding something happening (Friday morning) at the Illahee Preserve:

 

On the way to Lowes passed the new Illahee Preserve parking lot and noticed a large fabric object just inside the gated area. Looked like a collapsed tent.

On the way back from Lowes noticed sheriff and numerous other people gathered near the fabric. Just got a glimpse in passing by.

 

Homeless Camps?  We think the gathering is a planned meeting to discuss what to do with the homeless camp sites that have been discovered in the Illahee Preserve. 

 

The Issues.  Some think that with the economic downturn that the homeless should be allowed to camp in the Preserve.  The Illahee Forest Preserve group, while being understanding of those wanting to help the homeless, is concerned about the fire danger to the Preserve and the surrounding urban area.  The Preserve is 460 acres and the surrounding forested areas would bring the total to approximately 600 to 700 acres that would be in jeopardy if there was a fire.  This is major public safety issue that needs to be responded to quickly.

 

Questions Regarding the ICC.  We routinely have been asked about the Illahee Community Club.  It would be nice if they had a FAQ (Frequently Asked Questions) document, and we will ask them about producing one. 

 

Answers on the Application Form?  In the meantime we looked at their 2009 Application for Membership form, and found it listed the purposes of the organization, that answers many of the questions.  The application containing the purposes is attached.

 

Financial Support of the ICC.  Contributions to the ICC can be sent to the Post Office address noted on the attached Application Form.

 

Additional Reports of Car Break-Ins.  See the following of others who were impacted by the car break-ins:

 

We live on Olive Ave. off Rest Place. We also had our vehicles ransacked and had items stolen. My husband's backpack , seahawks jacket, and mis. items were taken. He forgot to lock his truck. My sons car also was gone through. I guess we all need to be aware of who is walking through the neighborhoods.

 

Deer Photo.  We apologize to those who were upset with the picture of the dead deer along the road.  We were asked to resend the update as there were those who could not read it with the picture at the bottom.  Let us know if you would like us to do that for you.

 

Jim Aho

 

Miscellaneous Items - 4/16/09

Illahee Car Prowling.  A reminder that there are car prowlers around.  We highlighted Terry's last sentence as it is a good reminder that Illahee is not immune to problems.  See the following:

 

You may want to send a reminder out to the community to be diligent in their efforts to keep their homes secure.  I live on the Rest Place off Roosevelt.  On Thursday night, I had a GPS unit and a few CDs stolen out of my truck.  I had planned on taking my daughter to Girl Scouts that night so didn’t lock my truck.  Ended up my wife took her so I didn’t get back to my truck.  Anyway, when I came out in the morning, I found my center console opened and my notebook lying on my seat.  The  GPS unit and CDs were gone. They didn’t bother with my baseball glove or umbrella so they were selective about what they took. 

My guess is that either it was a kid, or just someone walking the road at night that looks for open vehicles.  Even though we think our community is safe, there are those out there that shake up our lives and remind us that we are not a secure as we hope.

 

Timbers Edge Post Cards.  The county sent out about 600 post cards to "persons of record" noting that the Timbers Edge project was "approved with conditions."  Most of those receiving the cards had signed petitions opposing the development, which is why the number was so high.

 

Decision on the County Website.  The post card went on to say the "Decision" could be viewed at the county website which was given as:  www.kitsapgov.com/dcd/he.  Many had problems locating the decision and tried to use the Application Numbers given on the Notice.  The decision was down on the list and was noted as "Case 080828-068."  They certainly don't make it easy to find the decision, much less to read and understand it on a computer monitor. 

 

Non-Computer Users.  There are a number of people who do not have access to computers or the internet and have been unable to access the decision.  We have suggested they call the county for paper copies.  We don't know what the county response has been.

 

Appeal to be Filed.  The Illahee Community Club will be filing an appeal to the Board of County Commissioners (BOCC) on behalf of Illahee residents, which now has a new deadline of April 24, 2009.  They are collecting money to pay for the appeal and would appreciate any help residents can provide. 

 

Bird Reports.  The American Wigeon (ducks) left the area in late March and early April.  The ravens have been seen venturing toward the shoreline area, but they only stay a short while as the crows, that seem to be concentrated along the shoreline, create quite a raucous when they see them, and seem to chase them away.

 

Deer Reports.  Not many deer reports coming in, but that should change soon as the local gardeners start planting their gardens and the deer discover them.  And as soon as we wrote the above we had the attached photo emailed to us.

 

Jim Aho

Community Meeting Results - 4/9/09

Results of Monday's Meeting?  We have been getting numerous inquiries as to what happened at Monday's meeting with regards to Timbers Edge and whether it was decided to file an appeal with the County Commissioners.  We have been told if we put out a timely update, the questions would not be necessary.

 

April 9th Deadline Met?  We have also been getting emails wondering if the April 9th deadline was going to be met.

 

Monday Meeting Results.  Attorney Ryan Vancil discussed the HE decision and the next options open to the community.  It was stated that the ICC would only carry an appeal forward if it was the community's wishes, and if there was sufficient financial support.  The attendees at the meeting then voted to appeal the Hearing Examiner's Decision and furthermore committed to cover enough of the costs to get the process started.  (Note that we are hesitant to discuss the exact dollar amounts in this email, so call us if you want that information.)

 

Additional Funding Required.  While there was a good showing of funds received and promised, additional funding of approximately $900 will be required to fund the Commissioners Appeal, and even more funds will be required for possible later appeals to the Shorelines Hearings Board and/or Circuit Court.

 

Send Checks To.  The ICC is requesting the additional financial help to cover the appeal to the Commissioners and is starting a fund for the legal issues.  Checks can be sent to:  Illahee Community Club, P.O. Box 2563, Bremerton, WA 98310.

 

April 9th Deadline?  The April 9th deadline was extended to April 24, 2009 because the HE decision was distributed to only those residents residing along the newly proposed sewer that is within 200 feet of the saltwater shoreline, and not to the other parties of record.  The rest of the community should be receiving their notices on Friday or Saturday.

 

Community Members Noted Error.  Community members were the ones who noted the distribution error and reported it to the county both by email and in person on Tuesday, 4/7/09.

 

Community Desired Timbers Edge Development.  At the Monday meeting residents were quick to point out they were not against development of the properties, but again not lots smaller than legacy lots (legacy lots are 40' by 90' or 3600 sq ft and many of the Timbers Edge lots are 3400 sq ft), and a development that threatens the demise of Illahee Creek as a salmon stream. There were also those concerned with the existing stormwater problem at the end of Nobles Lane that affects those in the Rue Villa area. 

 

Community Goal?  The goal of some members is to see if the community can come together with what kind of development they can support so that maybe they could avoid another legal battle, since settlement is one of the ultimate goals of the Shoreline Hearings Board, and it would be prudent to work toward that end earlier, rather than later and after spending thousands of dollars in legal costs.

 

Will They Be Successful?  Some of those wanting a settlement are more hopeful than others.  There was an earlier group that tried to work on a possible agreement at a meeting called by Kitsap County, that was not successful.  We wish this new group more success than the last group.

 

Your Thoughts?  Let us know your thoughts on these matters. 

 

Jim Aho

Reminder of Timbers Edge Meeting - 4/6/09

Meeting Tonight (Monday 4/6/09). We have been asked to remind everyone of the Illahee Community meeting tonight to discuss whether to appeal the Hearing Examiner's approval of the Timbers Edge project to the County Commissioners. The deadline for filing an appeal is 4/9/09.

Place - Library. The meeting will be held at the Kitsap Regional Library located on Sylvan Way.

Time - 6:30 pm. The meeting will start at 6:30, but members will be there at 6 pm to answer questions.

Lawyer Present. The lawyer who represented the Illahee Community Club, Ryan Vancil, will be attending the meeting to answer questions.

Funding Questions. As we understand the financial situation it is roughly as follows:

In 2008 approximately $20,000 was expended to cover filing fees, expert witnesses, and lawyer fees for the Illahee Outfall hearing and appeals and the Timbers Edge hearings. The costs exceeded contributions but was covered by a very large contribution at the end of the year.

In 2009 the ICC is essentially starting out with a zero balance, which means an appeal will need to be covered by contributions before it can go forward. The ICC Board of Directors has essentially said they will carry out the wishes of the community as long as it conforms to the purposes for which it was organized and it is supported financially.

Other Questions? There will be members available to answer other questions at tonight's meeting.

Comments Received. We received a comment from a resident this weekend who is worried the residents don't understand the adverse impact that this development will have on the Illahee community if this project goes ahead as planned.

Another Comment. (Paraphrased) We need to remind people that we are not against development. This project as currently configured will likely permanently damage the ability of Illahee Creek to support salmon. A development of lesser density and more infiltration will result in most neighbors supporting the project. The developer had the choice and decided to ignore the community's input and the impact on Illahee Creek.

Jim Aho

Reminder of Timbers Edge Meeting - 4/6/09

Meeting Tonight (Monday 4/6/09)).  We have been asked to remind everyone of the Illahee Community meeting tonight to discuss whether to appeal the Hearing Examiner's approval of the Timbers Edge project to the County Commissioners. The deadline for filing an appeal is 4/9/09.

 

Place - Library.  The meeting will be held at the Kitsap Regional Library located on Sylvan Way.

 

Time - 6:30 pm.  The meeting will start at 6:30, but members will be there at 6 pm to answer questions.

 

Lawyer Present.  The lawyer who represented the Illahee Community Club, Ryan Vancil, will be attending the meeting to answer questions.

 

Funding Questions.  As we understand the financial situation it is roughly as follows:

 

In 2008 approximately $20,000 was expended to cover filing fees, expert witnesses, and lawyer fees for the Illahee Outfall hearing and appeals and the Timbers Edge hearings.  The costs exceeded contributions but was covered by a very large contribution at the end of the year.

 

In 2009 the ICC is essentially starting out with a zero balance, which means an appeal will need to be covered by contributions before it can go forward.  The ICC Board of Directors has essentially said they will carry out the wishes of the community as long as it conforms to the purposes for which it was organized and it is supported financially.

 

Other Questions?  There will be members available to answer other questions at tonight's meeting.

 

Comments Received.  We received a comment from a resident this weekend who is worried the residents don't understand the adverse impact that this development will have on the Illahee community if this project goes ahead as planned.

 

Another Comment.  (Paraphrased) We need to remind people that we are not against development.  This project as currently configured will likely permanently damage the ability of Illahee Creek to support salmon.  A development of lesser density and more infiltration will result in most neighbors supporting the project.  The developer had the choice and decided to ignore the community's input and the impact on Illahee Creek.

 

Jim Aho

Illahee State Park - 4/3/09

State Park Information Received.  We received some more information regarding the mothballing of some of our state parks and a letter that was sent to the state regarding Illahee State Park.  We had previously provided links to local articles in the Kitsap Sun, the Bremerton Patriot, and the CK Reporter regarding Illahee State Park being on the mothball list.

 

Seattle Times Article.  The first is an article in the Seattle Times entitled "Would you pay $5 to keep state parks open?"  It talks about one of the proposals on the table to help fund the parks so they won't be mothballed.

 

Lawmakers eye $5 car-tab fee to keep state parks open

 

The Washington State Parks and Recreation Commission has identified more than 47 state parks that could be closed temporarily or, in some cases, transferred to cities, counties or tribes to maintain.

http://seattletimes.nwsource.com/html/localnews/2008946248_parksclosing30m.html

 

 

Illahee Resident Letter.  The second is a very well written letter by the Barchecks that is the best we've seen.

 

Subject: Mothballing of Illahee State Park

We read with great concern your proposal to close Illahee State Park and others.  Our neighborhood borders the park and we and many of our neighbors use the park regularly year round.  We see the dock being used by the taxpayers of the Bremerton/Silverdale area for fishing, crabbing and diving.  The oyster and clam beds are used for shellfish harvesting in season.  Many families enjoy the picnic areas and playground facilities.  Illahee State Park has a limited number of camping spots so the potential for revenue collection is also limited but that doesn't mean the park is not getting used.  Your ill fated attempt at collecting parking fees for park entry of a few years ago showed that the taxpayers expect their parks to be funded as a part of the taxes they pay.  Most think that there is enough money in the state budget to get the job done even in an economic downturn.  Illahee State Park is unique because it is close to an urban area so it is very convenient for a large number of people that do not have access to a natural area where they live.  Closing other more remote parks would have less of an impact on the taxpaying public.
Closing the park will make it susceptible to crime and vandalism which could spill over into our neighborhood which is just across the street from the park.  It will become a magnet for the homeless to set up camp since it is within waking distance to food stores and other services.  Closure will make it less desirable and/or unsafe for regular use by the people in our neighborhood even if they are allowed walking entry.  All of this will depress property values and tax revenue from our neighborhood.
Please consider these issues in determining whether you turn Illahee State Park from an asset into a liability for the taxpayers of Kitsap county and Washington state.

Sincerely.
Andy and Sandi Barcheck

 

Thank You!  Thank you for sending in the information so we can pass it on.

 

Jim Aho

Timbers Edge Meeting Next Monday - 4/1/09

We just got back from a trip to California and now its time to catch up on some urgent Illahee issues.

 

Community Meeting Called.  We received notice that a community meeting has been called for 6:30 pm Monday evening, April 6, 2009 at the Sylvan Way Library to discuss what options are available now that the Hearing Examiner approved the Timbers Edge project and denied the communities contention that the project will have significant impacts to the aquifer and Illahee Creek.

 

Legal Questions?  We understand there are many questions regarding the legal process and whether legal options are available once a Hearing Examiner approves a project and denies community concerns.

 

Next Step.  We also understand the next step is to appeal the decisions to the Board of County Commissioners, and that this needs to be done before any other appeals can happen.  The cost of filing this appeal is $500 and it needs to be done by April 9, 2009.

 

Notice Received?  Many in the community who received notice of the August 2008 hearing are wondering why they haven't received a copy of the Hearing Examiner,s decision. While we received an email copy, we also have not yet received a written copy.

 

Limited Notification?  It appears the only people who received notice of the decision are those within the shoreline  sewer area along Illahee Road. 

 

Adjacent Property Owners NOT Notified.  There appears to be no notifications received by those living next to the proposed project.  We just checked on the Nobles Lane area and evidently there are some who are unaware that the project has been approved.  One person said there are only three residents on the street who receive the Kitsap Sun and there was nothing in the Bremerton Patriot on the project.

 

Notify Your Neighbors.  Since the county has failed to notify those most affected by the development, it is up to residents to let your neighbors know about the project being approved and the community meeting to discuss what to do next.

 

Lawyer To Attend.  We understand Ryan Vancil, the lawyer who represented the Illahee Community Club, will be in attendance to provide options and answer legal questions.

 

Legal Representation Costly.  We have been asked to note that last year approximately $20,000 was spent on legal costs by the Illahee Community Club (ICC) and that any decision to continue with a possible Timbers Edge appeal will require financial support from the community. 

 

Past Success Reason for Hope?  The ICC wants to thank those who helped in 2008 with the successful Illahee Outfall appeal and settlement and hope that if a Timbers Edge appeal is approved that it will also be successful.

 

More Information?  We have based this update primarily on recent emails and may have missed some important facts or information.  If so, please let us know and we will pass it on.

 

Jim Aho

Local Video & Timbers Edge Decision - 3/25/09

Local Underwater Video. Next Tuesday evening there will be an opportunity to view a local underwater video presentation at the Norm Dicks Center, see the details below. We are looking forward to seeing what is underneath the surface of our local waters.

You might be interested in this:

Our Underwater Neighborhood: A Video Tour
Join filmmaker John F. Williams for a
tour of our local underwater
wilderness through the magic of
moving pictures on the big screen.
March 31, 2009 from 7-9 p.m.
Norm Dicks Govt. Bldg. Chambers, 345 6th St., Bremerton, WA 98337
$5 suggested donation at the door.

A stone's throw from shore is a world that very few get to see,
yet it is a major part of our neighborhood.
John will be showing excerpts from SEA-Inside: Pacific
Northwest — the only TV series about what's beneath the
surface of our Northwest waters. The evening will include
discussion about how art, science, education, recreation, and
volunteer service are important to the health of Puget Sound.

More info at:
http://SEA-Inside.org

John F. Williams
jw@StillHopeProductions.com

Still Hope Productions, Inc
P.O. Box 1407
Suquamish WA 98392
(360) 598-4152
www.StillHopeProductions.com

Timbers Edge Appeal Denied! While we were hopeful that the Hearing Examiner would listen to the arguments of the community, we were not surprised at his decision, which was sent out by email on Tuesday. We are still going over the 60 page document and will be interested to see what the Illahee Community Club will decide regarding a possible appeal. The appeal deadline is April 9, 2009.

Decision on Website? We will see if we can put the "Notice of Hearing Examiner Decision" on the community website so everyone can read it for themselves.

Kitsap Sun Front Page Article. The Timbers Edge decision made the front page of the Kitsap Sun this morning (3-25-09). We will try to contact the Illahee Community Club's lawyer to get his comments on what happened. Following is the link to the Sun's coverage:

http://kitsapsun.com/news/2009/mar/24/controversial-development-in-illahee-gets-a-go/

Comments? Let us know your thoughts on the decision.

Jim Aho

Illahee State Park on Mothball List - 3/22/09

Illahee State Park on the Mothball List. There has been recent information regarding Illahee State Park being on the list for possible mothballing. We know there are a number of you who do not get the local papers or are on travel. The first article came out in the Kitsap Sun on March 11th, and the second article came out this last Thursday in both the Bremerton Patriot and the Central Kitsap Reporter. See the following links:

http://kitsapsun.com/news/2009/mar/11/bremerton-park-among-33-on-states-145mothball/

http://www.pnwlocalnews.com/kitsap/pat/lifestyle/41532097.html

Illahee and Other County Residents Concerned. We have been inundated with questions about this issue, and have been asked what, if anything, should be done.

The Short Answer. As we understand it, this is presently a budget driven exercise to determine the options available to resolve the state's money problems. If it gets more serious there is a process that will be followed to determine which parks will be affected.

In the Meantime? In the meantime we would like to get more answers, beginning with those who are representing our area in the state legislature.

Help Appreciated. We would appreciate any help in getting more answers so we can respond appropriately.

Jim Aho

Wildlife Update - 3/20/09

We have gotten behind in passing wildlife information on and other information and will try to catch up.

Bats. We have heard some interesting bat stories this past year and thought about those when we saw a "bat box" when touring the new Fish Park in Poulsbo. We have attached a photo of the "box" and would like to publish some of the bat stories of local residents if you send them in.

Eagles. We have been forwarded a number of eagle pictures and stories and will devote a separate update to those later.

Humming Birds. We recently received pictures of a humming bird nest from an Illahee resident wintering in Arizona and have attached their comments and pictures.

I have enjoyed the wildlife pictures that have been posted by my Illahee neighbors through the winter, especially the ones about the hummingbirds. I am in Yuma right now, I winter here. I have attached a couple hummingbird pictures from here. The nest is 1 ¼ inch diameter.

Jim Aho

Kitsap Sun Article re Outfall Settlement - 3/13/09

The Sun Article. The following linked article will be in Saturday's Kitsap Sun:

http://kitsapsun.com/news/2009/mar/13/illahee-developer-reach-deal-on-stormwater-pipes/

ICC Letter Sent to Newspapers. The February 25th letter from the Illahee Community Club, that is referenced in the article, was linked in the Illahee Community Update of March 5, 2009. It was also sent to all the local newspapers and the Seattle Times, so it is nice that the Sun did the article.

Two Projects Left. Some in the community are concerned that residents not forget to continue to follow through with a rain garden on Fern Street and an infiltration pit in the Illahee North detention pond which should even further diminish the amount of stormwater going to the new outfall and into the Sound.

Letter Reprinted. The two above mentioned items are described in the Illahee Community Club letter, which we are going to reprint at the end of this Update.

A Major Accomplishment. This is a significant and momentous success for the Illahee Community, and the community needs to be proud of its efforts.

But Costly. It was costly in terms of emotional energy and thousands of dollars and we would like to express our appreciation for all who helped, whether moral encouragement, letters, or financal support.

Jim Aho

Illahee Community Club

P.0. Box 2563

Bremerton, WA 98310

February 25, 2009


To: Distribution List

Subject: Illahee Outfall Settlement Support Statement

The Illahee Community Club (ICC) entered into an agreement or “settlement” with the MT Illahee Corporation, Kitsap County, and the Port of Illahee with regards to the relocation of a storm water outfall from the Illahee community dock to an undeveloped right-of-way on Berg Street, and associated area storm water improvements. Integral to the settlement the ICC agreed to issue a public statement of support for the settlement plans and has further agreed not to make public statements regarding the Sunrise Terrace or Rest/Olive/Hardt Development lot sizes.

The Illahee Community Club is very supportive of the resultant outfall agreement and feels that the settlement is beneficial and advantageous for each of the involved parties. The ICC is appreciative of the efforts by all parties to reach this agreement and the MT Illahee Corporation for working with the Illahee community. The following excerpt from a community member illustrates community sentiment:

The Illahee community strives to be a leading example in the area of responsible environmental preservation. Leading by example, both the Illahee community and the MT Illahee Corporation have shown what rewards can be produced by reaching a solution settlement that benefits all parties involved. Furthermore, the agreement is a step forward for one of the goals of the Puget Sound Partnership which is to control storm water in our waterways. For these reasons, there is strong community support for the settlement agreement.

The benefits of the agreement are many for the community, the environment, for the waters of Puget Sound, the Port of Illahee, Kitsap County, and the MT Illahee Corporation. Approximately 90 percent of the storm water that comes from our normally slow rainfall will be cleaned naturally through bio-infiltration swales and infiltrated back into the aquifers from the MT Illahee project. Only the remaining roughly 10% that comes from heavy rains will not be infiltrated because of high flow volumes and will need to be diverted to overflow outfall pipes that flow into Puget Sound.

There are a number of different aspects to the MT Illahee project that were part of the agreement. The first is the improved roadway being planned along Sunrise Terrace and the need to manage the storm water coming from the road surfaces. Bio-infiltration swales will be used at several locations along Sunrise Terrace to help clean the storm water with any overflow connecting to the existing Ocean View storm water system that discharges at the existing outfall. This is a major improvement as previously the storm water was going to be tight-lined (piped directly) to Puget Sound following the removal of suspended solids. This would have required the installation of a new storm water conveyance piping system and another outfall at the Illahee community dock.

The Illahee community at large and the Port of Illahee benefit as a new storm water outfall will not be going through the base of the Port of Illahee’s dock structure nor will the effluent be discharged at the Port’s public beach and swimming area. The Port and the community were already concerned with an existing 24 inch diameter outfall just a few feet south of where the new outfall was being proposed. Many in the community feel the discharges from the existing outfall have resulted in decreases in the fish and shellfish population. They also remembered the dock area being posted for fecal coliform pollution emanating from the existing outfall. With that history there were major concerns with another outfall that was again tight-lining storm water at the dock. The settlement agreement not only eliminates the need for new outfall at the base of the dock; it also results in a decrease in the storm water that will be discharging to the existing outfall.

The Illahee community benefits from a second outfall along the shoreline in that storm water overflows are more equally distributed into Puget Sound, rather than concentrating all the stormwater for the entire hillside to the Illahee dock area. In retrospect, it appears the existing Berg Street right-of-way should have been used years earlier for the storm water overflows from the Illahee North project. At that time there was less of a concern by the county with running large volumes of stormwater into Puget Sound and a readily accessible right-of-way existed at the community dock. Any future developments in the uphill drainage sub-basins north of Berg Street would have likely required the use of this right-of-way for a new storm water outfall to handle the overflows. The settlement agreement just initiates the use of an outfall at this location earlier rather than later.

The ultimate goal of the Illahee community is to clean and infiltrate storm water to the maximum extent possible, such that the only the overflows from major storm events enter into Puget Sound. The storm water flows going into the settlement outfall from the MT Illahee project will also go through a bio-infiltration swale where the 90 percent of our normal rainfall is expected to be captured and infiltrated. This will help reduce the settlement outfall overflows. The community notes that there is more work to be done by the community and possibly the county, which is outside the responsibility of MT Illahee, to further clean and infiltrate the storm water going into the settlement outfall. There is a small runoff from the north Fern Street area that would benefit from a rain garden upstream of its storm water overflow pipe, and the northern most cell of the Illahee North detention pond would benefit from a possible infiltration pit. Both of these items would satisfy the goal of cleaning and infiltrating storm water to the maximum extent possible and would ensure that only overflows from major storms would enter Puget Sound waters.

The Illahee Community Club would like to again express its appreciation to MT Illahee, and specifically to its representative, Bernie Johnston, who worked with community representatives to come up with a mutually acceptable solution for all parties.

Please refer any questions regarding this agreement to the Illahee community members, Jim Brady (360-377-8345) and Jim Aho (360-479-1049), who represented the Illahee Community Club in this matter.

Barney Bernhard 

Illahee Community Club

Copies to:

Port of Illahee

Vancil Law Offices

MT Illahee (via GordonDerr LLP)

Kitsap County Prosecuting Attorney’s Office, Civil Division

Shorelines Hearings Board

Department of Ecology

Department of Fish & Wildlife, Kitsap County

Puget Sound Partnership

Kitsap Health District

Kitsap County Public Works

Kitsap County Department of Community Development

Team 4 Engineering

Kitsap Sun

Central Kitsap Reporter/Bremerton Patriot

Seattle Times

Port of Illahee Distribution Letter - 3/6/09

Port of Illahee Letter. We received the attached Port of Illahee letter ( page 1 - page 2 ) a few days ago and forwarded the accompanying "Executive Summary" in an earlier Update. The Port's letter distributes a major report on the Illahee Creek Watershed to a number of recipients and to our website person, Laurie Jones, who is trying to figure out how to put the 500 plus page report on the community website.

Excellent Summary. We found the Port letter to be an excellent, but very brief, summary of the deteriorating conditions of the creek, the culvert, and the bay that prompted the Port to apply for the Department of Ecology grant.

Next Steps. Now that the Port and the community have scientific data that backs up their claims that Illahee Creek has some major issues that need to be dealt with they will need to determine what the next steps will be. We quote one of their closing statements:

"The Port of Illahee requests report recipients utilize the information contained herein to assist the Port, the Illahee Community, and Kitsap County to correct past mistakes and to promote the protection of Puget Sound, Illahee Creek, the Illahee Creek watershed, and the underlying aquifers for the present and future generations."

Report Information. We will begin to share information in the report periodically in future updates. We understand Kitsap County is already looking at areas where efforts can begin.

Please Read the Port Letter. The Port of Illahee needs to be commended for their interests and concerns for Illahee Creek that resulted in their efforts to secure the Department of Ecology grant that funded a major scientific study of the watershed. The next steps will be up to everyone to help with the necessary fixes. We ask each Illahee resident to read the letter and to become aware of what is needed to "correct past mistakes."

Jim Aho

Outfall Settlement Statement - 3/5/09

Illahee Outfall Settlement Statement. We have received a copy of the "Illahee Outfall Settlement Support Statement" that has just been mailed out by the Illahee Community Club (ICC) to a rather lengthy distribution list.

Background. We have not gone back to get all the dates, but we remember being aware of the MT Illahee development plans in 2007. According the "Settlement Agreement" copy we have Kitsap County issued a "Mitigated Determination of Non Significance" or MDNS ruling for the project on October 23, 2007. This was approval for a new 42" storm water outfall located at the base of the Illahee Community Dock and the storm water system and development of a roadway and 10 lots on Sunrise Terrace, along with planning for a future development along Rest, Olive, and Hardt Streets.

Port & Community Appeals. The Port of Illahee and the Illahee Community Club each appealed the project, only to have the Hearing Examiner deny the appeals.

Appeal to the County Commissioners. The Port and the Community appealed the Hearing Examiner decision to the County Commissioners, only to have Commissioners' Angel and Bauer deny the appeal on June 9, 2008 (Commissioner Brown supported the appeal).

Appeal to the Shorelines Hearings Board (SHB). The ICC filed an appeal with the SHB on July 7, 2008, feeling the County, the Hearing Examiner, and the two Commissioners did not consider all the facts.

Port Action. In addition the ICC actions, the Port of Illahee had filed a no trespass lawsuit with Kitsap County Superior Court on March 4, 2008 to prevent the developer from cutting into the dock's foundation to install the new outfall.

Settlement Option. With the pending legal hearings and costs to both sides, ICC members met with one of the developer's engineers to see if they could come up with a mutually acceptable solution.

Settlement Agreement. The meetings eventually resulted in a "Settlement Agreement" signed by the MT Illahee Corporation, Kitsap County, the Port of Illahee, and the Illahee Community Club.

Agreement Timetable. The timetable of the agreement required revisions to the Shoreline Permit and the storm water system which were recently completed and approved by Kitsap County.

ICC Required Actions. There were several stipulations or requirements for the Illahee Community Club, including completing a "Settlement Statement" and sending it to the ICC email list, posting it on the Illahee Community Website, submitting it to the County, and forwarding it to local papers.

Jim Aho

ps Attached is John Lind photo of a tugboat going through Illahee.

Grant Report Executive Summary - 2/27/09

Department of Ecology Grant Report - We are starting to distribute information we received this week. The attached link is for an Executive Summary that was an attachment to a Port of Illahee letter that we will send out with the next Update.

Jim Aho