Loading...
HomeMy WebLinkAboutM110617 - Hearing Comment: Proposed Amendments to No Shooting Area Ordinances, Chimacum Creek AreaCO'V Nt O �S°N C �SfO 4w �NING� District No. 1 Commissioner: Kate Dean District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of November 6, 2017 Madam Chair Kathleen Kler called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Kate Dean. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • Six individuals complained about new equipment the Port Townsend Paper Mill has installed which is making a high frequency noise that is negatively affecting the health and wellbeing of neighbors. They urged the Commissioners to help mitigate the situation by enforcing the County Noise Ordinance; • An individual: 1) Commented on the danger of rousing people who are down and out; and 2) Stated he blames the Democratic Party for the lack of jobs and affordable housing in Jefferson County; • An individual stated he is opposed to a gun range being located near Tarboo Lake; • Two individuals commented on the Olympic Discovery Trail: One commending Public Works staff for the project management and another reminding the Commissioners that the State Legislature's Million dollar authorization for the development and acquisition of property for the trail is due to expire in June 2019. Both urged the Commissioners to support a petition the Peninsula Trails Coalition will be submitting to the Washington State Parks and Recreation Commission regarding routing the trail through Anderson Lake State Park; • An individual asked if the County is interested in getting involved in an economic impact study of the marine trades in Jefferson County; An individual stated there are issues with noise from Navy Growlers, the gun range at Discovery Bay which may move to Tarboo Lake and the Port Townsend Paper Mill. Noise creates anger and anxiety. This is a basic health issue and the noise issues need to be addressed; A representative from the Port Townsend Paper Mill stated they are working diligently to reduce the noise being produced by the new equipment recently installed at the mill. Equipment to reduce the noise is being installed this morning and there should be a significant reduction in the noise by this afternoon. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Dean moved to approve all the items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. HEARING NOTICE re: Setting 2018 Ad Valorem Tax Levies; Hearing Scheduled for Monday, November 20, 2017 at 10:00 a.m. in the Commissioners' Chambers Page 1 Commissioners Meeting Minutes of November 6, 2017. -� 'L --J 2. HEARING NOTICE re: Proposed Emergency Alarm System Ordinance; Add New Chapter 8.80 JCC Titled Faulty Security Systems; Hearing Scheduled for Monday, November 20, 2017 at 10:45 a.m. in the Commissioners' Chambers 3. RESOLUTION NO. 45-17 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal (Valued Less Than $2,500) 4. AGREEMENT re: Emergency Management Grant to Support Staffing of the Department and Emergency Operations Center; In the Amount of $18,000; Jefferson County Emergency Management; Washington State Military Department, Washington State Emergency Management Division 5. AGREEMENT, Change Order No. 1 re: Olympic Discovery Trail, South Discovery Bay, Segment A -Phase 1 and 2, County Project No. 1801955; An Additional Amount of $7,402.98 for a Total of $995,057.30; Jefferson County Public Works; Interwest Construction 6. AGREEMENT, Amendment No. 1 re: Conservation Futures Fund Snow Creek Watershed Acquisition; Remove the Acquisition of Parcel #802111001 and Add the Fee Simple Acquisition of Parcel #802021005; No Dollar Amount; Jefferson County Public Health; Jefferson Land Trust 7. AGREEMENT re: Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) - Phase III; In the Amount of $27,000; Jefferson County Public Health; Hood Canal Coordinating Council 8. AGREEMENT re: Pedestal -Mounted Transfer Station Crane; In the Amount of $231,821.20; Jefferson County Central Services; Crane Equipment Manufacturing Corporation 9. AGREEMENT re: Electronic Signature Use Approval, Louis Johnson; To Continue Operating the Quilcene Pit under Washington State Department of Ecology's Sand and Gravel General Permit; No Dollar Amount; Jefferson County Central Services; Washington State Department of Ecology, Water Quality Program 10. PURCHASE AGREEMENT re: Purchase of Used Semi -Tractor Vehicle; In the Amount of $50,000 plus tax; Jefferson County Central Services; Snohomish County 11. MEMORANDUM OF UNDERSTANDING (MOU) re: Regional On -Site Sewage System Loan Program; No Dollar Amount; Jefferson County Public Health; Washington State Department of Health and Washington State Department of Ecology 12. Advisory Board Resignation re: Gardiner Community Center Advisory Board; Steve Durupt 13. Advisory Board Appointment re: Gardiner Community Center Advisory Board; Three (3) Year Term to Expire December 31, 2020; Mark Nebel 14. Payment of Jefferson County Vouchers/Warrants Dated October 23, 2017 Totaling $493,065.66 15. Payment of Jefferson County Payroll Warrants Dated October 20, 2017 Totaling $76,103.48 and A/P Warrants Done by Payroll Dated October 20, 2017 Totaling $16,970.96 The meeting was recessed at 9:49 a.m. and reconvened at 10:01 a.m. with all three Commissioners present. HEARING re: Proposed Amendment to Jefferson County Ordinances re: No Shooting Areas Ordinance No. 02-0416-07 and Ordinance No. 11-1208-08: Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker explained that he has previously outlined the proposed changes on three separate occasions with the Board. He noted that one change fixes an anomaly with the border of Page 2 Commissioners Meeting Minutes of November 6, 2017 the Chimacum Creek No Shooting zone, which would make more clear. The other addresses the concern about shooting into a no shooting zone. Madam Chair Kler opened the hearing for public testimony. Paul Stevick: He stated he is a Kitsap County resident who comes to Jefferson County for recreational hunting. He submitted and read a written statement. (See Hearing Record) Al Learned, Port Hadlock: He urged the Board of County Commissioners to adopt the proposed amendment to the Chimacum Creek No Shooting Zone because he understands that when this amendment is adopted, the Sheriff s Office will start enforcing the prohibition of shooting within that No Shooting Zone. He feels that is extremely important for the following reasons: 1) Safety. As you are probably aware, a considerable amount of shooting occurs on the Irondale Beach, which is well within the No Shooting Zone. This shooting normally occurs around the mouth of Chimacum Creek during the fall and winter duck hunting season. A large number of people are utilizing the Irondale Beach for walking and other recreational activities. This is the same beach and area on which the shooting occurs. He feels there is definitely a significant safety risk to beach users; and 2) He feels non -enforcement results in a huge potential liability exposure to the County. If someone were to be seriously injured or worse, from shooting on the Irondale Beach, there is an excellent chance the County could be held liable for that. He believes that by establishing the no shooting zone in the first place, the County is aware that a safety hazard exists in that area. A person who is injured could allege that the County is negligent for not enforcing the provisions of that original ordinance that were established to prevent injury in that area, namely the prohibition of shooting within the no shooting zone. He urged the Commissioners to adopt the proposed amendment regarding Chimacum Creek and the other amendment that applies to all shooting zones within the County. It will preclude individuals outside a no shooting zone, from shooting into the zone, and that would also promote safety. John Hamilton, Port Hadlock: He stated he uses the Chimacum Creek area to walk his dogs and to relax. He has seen more people with dogs there this past year. He has also seen people with young children on the beach exploring this time of year. When someone is bird hunting, you are focused on that bird. When that bird takes flight, you will be focused on it. We had a Vice President that shot a very close friend in the face because he was so focused on the bird, he missed the bird and got the friend who was behind it. Bird hunters will have that problem when they are close to populated areas. There needs to be some restrictions with this. There has been proven problems with missing when bird hunting. He has done some of it himself and you do get focused on what you are after, you do not look beyond it. That is an important consideration to be dealt with in your decision making. He supports the changes. Susie Learned, Port Hadlock: She stated she can see the mouth of Chimacum Creek from her home. She shared three photos she took yesterday morning of shooting that took place at the mouth of Chimacum Creek. She read from a written statement she submitted. (See Hearing Record) Mark Hampton, Bremerton: He stated that he is against the proposed amendment for hunting in Chimacum Creek as it stands now. He was there yesterday and took a range finder and went across the water over to the pathway. If you stay on the pathway, over to where we had our boat and were hunting, was 77 yards. A 12 gauge shotgun shooting 3.5 inch shells with 94 and #2 pellets, the range on that is approximately 60 yards effectively for hunting ducks. At 77 yards, there is no damage to property, little Page 3 Commissioners Meeting Minutes of November 6, 2017 to no damage to human life or any other animals other than the ones they are hunting. Yesterday when they hunted, they did it safely, out into the open saltwater area. They are aware of the park area and what they are doing is shooting and hunting ducks that are coming from around the bluffs and shooting into the saltwater area. They are at the mouth of Chimacum Creek, not inside Chimacum Creek, which means they are already in saltwater boundary. The boundaries are not specific, because there are no buoys set up or actual line. It is an imaginary type line which is very difficult. They have run into Sheriff s Deputies before and have asked for resolution and support on a designated line. That could be fixed by setting some buoys on either side of the land and giving hunters a reference point in which to hunt from. He is not sure what that would cost. The idea of duck hunting is to camouflage yourself, the area you are in and surprise the animals. By moving the boundary out to where it is proposed out to 100 yards from the land, you cannot anchor your boat or camouflage yourself from the ducks. Decoys are set up in order to get the ducks lured in and with the proposed amended boundary, the ducks would just float off. He believes the proposed changes are about being against hunting regulations and preventing hunters from being in the area than it is otherwise. Brian Warner, Chimacum: He stated he has been a Chimacum resident since 1980 and harvested his first waterfowl in this area in 1987 and has been an avid waterfowl hunter since that time. A few years ago, anyone born after 1970 was required to take a hunter safety course, which is quite a detailed course. The course teaches you how to use your gun, what your background is, what you are shooting at, what you are focused at. He noted that a gentleman stated that it's easy to forget what you're shooting at, but everyone has to go through the safety course, which is mandatory prior to getting a hunting license. He stated that it is nice to see young men without places to go or things to do, being able to learn how to harvest your own food, which is an important aspect in life. It also gives them an opportunity to get them out of their house and doing things in the community. Most hunters do more than just hunt, they are active and participate in community. To take this away, we are taking away from our children who are growing up in our community, taking things they have away from them. It is a small group, but it is a group. Without hunting, you look at what hunting and fishing do for our community to bring money in. People from Kitsap use Chimacum Creek, being the northern part and the mouth. He has been an avid waterfowl hunter, has done hunting East of the mountains and in the State since 1985, and he keeps seeing hunting lands get smaller and smaller. It makes it harder for a person wanting to go out and harvest their food. He urged the Commissioners not to take this away. This is land that was created for our community, Washington State Department of Fish and Wildlife designated this land for that. He agrees with the gentleman regarding 12 gauge shooting at 70-80 yards, you will not hurt anyone. It is not a high-powered rifle, it is totally different than a gun. It is still a gun, but the range is different. Howard Learned, Port Hadlock: He stated he is a hunter and knows what a #4 shot high based shell will do at 70-80 yards, and it may not penetrate the skin, but it can certainly put out an eye. He has hunted all his life. His grandfather and father both hunted at the mouth of Chimacum Creek, so we know about hunting in that area. On Saturday, there was a boat well outside the No -Shooting Zone in front of our home, shooting ducks. They had their decoys out. They were shooting ducks. Yesterday morning, these gentleman from Kitsap County were well within the creek because that's where the ducks are. They fly up and down the creek and they get past shooting. He has seen hunters retrieve ducks on the shoreline and behind them on the north side of the shore. He has watched them shoot ducks there. It does not mean that their boats will be on the north shore, they could be on the south shore, well within 70 yards. There are just too many people, just not a good place. If they want to shoot, they can go outside the no shooting zone about 200 yards out. They can anchor their boat and shoot into the bay. They are not Page 4 Commissioners Meeting Minutes of November 6, 2017 stopping duck shooting, just at that particular location where it is dangerously close to people on the beach. Jim Pearson, Port Hadlock: He stated he is in support of the proposed amendments, which is a cleanup of work done previously. He thanked County Administrator Philip Morley, Chief DPA Hunsucker and the Sheriff s Office for working on getting to this point of clarification. He supports the testimony of the Learneds and urged the Commissioners to support the amendments. Jim Stark, Port Hadlock: He stated he lives at the end of the road, close to the DFW property. He is a volunteer in the area who picks up garbage and hauls it for the County's Parks and Recreation Department. He walks the trails approximately three times per day. One of the big problems he sees is the hunters are well inside the creek. He has not hunted for years, but used to be an avid hunter, shooting rifle and bow and arrow. He believes in hunters rights but also feels there is a safety and annoyance issue in that area. It is extremely annoying. Before daylight yesterday, the shotguns started firing and went on and off until around 2:00 p.m. He is not sure if it was the gentleman in the audience or not. He stated there are people that walk their dogs through there. They try to make sure people pick up any waste left behind. There is a small group of people who volunteer and maintain the park by picking up garbage in the area. Some of them help plant trees, bushes, native plants and they help remove non- native plants. The noise is extremely irritating, especially when people work. The noise wakes him up early on the weekends when he is trying to get rest. It terrorizes most of the dogs that go down there. A lot of people won't go to that area when they hear shooting and stay completely away from it. The park is for all people. There is no reason they cannot anchor further out. That is a very shallow shelf that goes out from the creek. Even at high tide, it cannot be more than 10 feet deep at least 200 yards out. He walks that area throughout the year. He is in favor of the new proposed ordinance. Hearing no further testimony, Madam Chair Kler closed the public hearing. After deliberation, Commissioner Sullivan moved to adopt ORDINANCE NO. 02-1106-17 Amending Ordinance No. 02-0416-07 Establishing a Process to Establish a No Shooting Zone in Jefferson County. Commissioner Dean seconded the motion which carried by a unanimous vote. Commissioner Sullivan moved to adopt ORDINANCE NO. 03-1106-17 Amending Ordinance No. 11- 1208-08 Chimacum Creek No Shooting Area Boundary. Commissioner Dean seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:51 a.m. and reconvened at 10:52 a.m. with all three Commissioners present. CLOSED SESSION. A Closed Session was scheduled from 10:30 a.m. to 10:50 a.m. with the County Administrator and Clerk of the Board/Human Resources Manager regarding Strategy or Position for Collective Bargaining, Professional Negotiations or Grievance or Mediation Proceedings under exemption RCW 42.30.140(4)(b) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Closed Session on this topic was from 10:53 a.m. to 11:06 a.m. At the conclusion of the Closed Session the Board resumed the regular meeting. Page 5 Commissioners Meeting Minutes of November 6, 2017 mm� EXECUTIVE SESSION. • An Executive Session was scheduled from 10:50 a.m. to 11:10 a.m. with the County Administrator, Clerk of the Board/Human Resources Manager and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 11:11 a.m. to 11:21 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. EXECUTIVE SESSION: An Executive Session was scheduled from 11:10 a.m. to 11:30 a.m. with the County Administrator, Community Development Director and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 11:21 a.m. to 11:37 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. EXECUTIVE SESSION. An Executive Session was scheduled from 11:30 a.m. to 11:45 a.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 11:39 a.m. to 11:54 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. Action after Executive Session. Commissioner Dean moved to approve a Settlement Agreement with Galen Brake to resolve a dangerous dog case. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at 11:55 a.m. and reconvened at 1:30 p.m. with all three Commissioners present. DISCUSSION re: Authorization and Concurrence for the Acquisition of the Marie Property on the Big Quilcene Floodplain: Environmental Health Specialist Tami Pokorny gave a presentation on the acquisition, explained processes and answered questions. UPDATE re: Comprehensive Plan — Policy Feedback on Selected Key Topics; Housing Element (Part I of 3): Department of Community Development (DCD) Director Patty Charnas and staff briefed the Board on the housing element of the Comprehensive Plan Update. PROCLAMATION re: Proclaiming November 2017 as Caregiver Month in Jefferson County: Commissioner Sullivan moved to approve the Proclamation. Commissioner Dean seconded the motion which carried by a unanimous vote. Page 6 Commissioners Meeting Minutes of November 6, 2017 The meeting was recessed at 2:42 p.m. and reconvened at 2:50 p.m. with all three Commissioners present. EXECUTIVE SESSION. • An Executive Session was scheduled from 3:00 p.m. to 4:00 p.m. with the County Administrator, Community Development Director and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 2:50 p.m. to 4:02 p.m. At the conclusion of the Executive Session the Board resumed the regular meeting. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: 2018 Jefferson County Budget Live streaming the Commissioner meetings; cost concerns discussed NOTICE OF ADJOURNMENT: Commissioner Dean moved to adjourn the meeting at 4:30 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Sullivan seconded the motion which carried by a unanimous vote. SEAL: z G ATTEST: ?2Lundgren, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathlee ler, Chair David u li ember Kate Dean, Member Page 7 (C .-Vp(c I Ck to -,)4.1 HEARING PFCORD Julie Shannon From: Kathleen Kier Sent: Tuesday, October 24, 2017 9:51 AM To: Julie Shannon Subject: FW: Message sent to Friends of Chimacum Creek for No Shooting Public Comment - Nov 6 From: sb Sent: Tuesday, October 24, 2017 9:49:00 AM (UTC -08:00) Pacific Time (US & Canada) To: Kathleen Kier; Kate Dean; David Sullivan Subject: Message sent to Friends of Chimacum Creek for No Shooting Public Comment - Nov 6 Hi everyone, Monday, November 6 2017 at the County Commissioners chambers there will be a public hearing on the "Chimacum Creek no shooting" ordinance. Please attending if you can. Today the Peninsula Daily News printed a very good article on the situation. Click on the link below to see it. This is all due to the good efforts of WA Dept of Fish and Wildlifle, County Attorney's Office, and the Sheriff, David Stanko. http://www.peninsuladailyLiews.com/news/Jefferson-commissioners-set-public-hearing-on-chaneg s-to- chimacum-creek-no-shooting-ordinance/ Susie Learned sb _seacraftclassics.com Friends of Chimacum Creek Adopt -a Par%... ne��Abors & h7"end's wko volunteer to bce , maintain,Je{ferson Co lrondale Beack Park for recreational use and help keep this a proud heritage of,Jefferson County. PO Box 538 Port Hadlock WA 98339 360.531.0167 PS If you have trouble opening this please contact me by email or phone. Susie Learned sb(a_seacraftclassics.com Friends of Chimacum Creek Adopt -,Park... ne�hbors & friends who volunteer to help maintain,Jefferson Co /rondale Beach Park for recreational use and lieP keep this a proud heritage of,Jefferson County. PO Box 538 Port Hadlock WA 98339 360.385.0630 Juli.. (('a"� u a � HEARING RECORD From: Kathleen Kler Sent: Wednesday, November 01, 2017 8:02 PM To: Julie Shannon Subject: FW: Friends of Chimacum Creek - Co Commissioners Nov 6 From: sb Sent: Wednesday, November 1, 2017 8:02:07 PM (UTC -08:00) Pacific Time (US & Canada) Subject: Friends of Chimacum Creek - Co Commissioners Nov 6 Hi everyone, Monday, November 6 2017 at the County Commissioners chambers there will be a public hearing on the "Chimacum Creek no shooting" ordinance. Please attend so you can to let the County Commissioners know what you think. Comments will be accepted throughout the hearing or they can be sent in ahead of time by email to ieffbocc co.iefferson.wa.us or by mail to BoCC at P.O. Box 1220, Port Townsend, WA 98368. The Peninsula Daily News printed a very good article on the situation for your perusal. Jefferson commissioners set public hearing on changes to Chimacum Creek no - shooting ordinance • CYDNEY MCFARLAND • Fri Oct 27th, 2017 10:06am PORT TOWNSEND — The Jefferson County commissioners have approved a public hearing to gather comment on two ordinances to amend a no -shooting measure for an area around Chimacum Creek. The hearing is scheduled for Nov. 6 at 10 a.m. in commissioners chambers at the Jefferson County Courthouse, 1820 Jefferson St on the bottom floor. 1 The two proposed measures would amend a no -shooting ordinance that has been in place around the lower stretches of Chimacum Creek since 2008 by adding more specific boundaries that would be more easily enforced and specifying that shooting into a no -shooting area from outside it is prohibited. The ordinances were proposed due to safety complaints from community members and input from the state Department of Fish and Wildlife and the Jefferson County Sheriff's Department, according to the agenda request submitted by Sheriff Dave Stanko and Jefferson County Prosecuting Attorney Michael Haas. According to the agenda request, the 2008 map does not correctly show the boundary of the no - shooting area, which extends from Prospect Avenue to the intersection with state Highway 19, then extends southeast along Highway 19 to its intersection with Irondale Road, down Irondale Road to Market Street along the waterfront of Port Townsend Bay. The disputed boundary has been along the waterfront, according to the agenda request. Hunters have argued that the boundary is the water line, which changes with the tide. The new boundary would be the low tide mark, which would be marked and would reduce incidents of hunters shooting from a vegetation area near the mouth of the creek where migratory birds congregate. "With the configuration of that creek there are those smart ducks going further up the creek," said Commissioner Kathleen Kler. "This will cause some problems for hunters. They'll just have to wait for them to come out." This area also lies within the Department of Fish and Wildlife's North Olympic Wildlife Area, which would also be more easily enforced if the boundary was clearly marked, according to department officials and Stanko. At the public hearing commissioners will deliberate based on written and oral public testimony. Jefferson County Editor/Reporter Cydney McFarland can be reached at 360-385-2335, ext. 55052, or at cmcfarlandpeninsuladailynews.com. Susie Learned sb(o-)_seacraftclassics. com Friends of Chimacum Creek A % nc,; bors €y hieno's Wf o volunteer to fief maintain %��crson �o lionc%3fe �jeacfi '�rk fw recr rationafuse and f7e f, keep this aFroudkeriEt7e o{%l%rson County. PO Box 538 Port Hadlock WA 98339 360.531.0167 PS If you have trouble opening this please contact me by email or phone. „,occ c� �O«��rr� �, REAPINGRECOR� From: Carol Baker <cbaker@olympus.net> Sent: Sunday, November OS, 2017 1:27 PM To: jeffbocc Subject: Chimacum Creek no shooting ordinance Dear County Commissioners, I am writing to express my strong support for amending the no -shooting ordinance which currently applies to land areas around the lower portions of Chimacum Creek. The amendment would more clearly define the boundaries of the no -shooting zone that extend to the low tide mark on the beach and would also prohibit shooting from the water into the no -shooting zone. As a longtime resident of Irondale and almost daily walker on the beach adjacent to the mouth of Chimacum Creek, I can report that I have often felt unsafe when I have observed hunters on land or in boats well above the low tide mark. Also, I often hear shooting that sounds very close from my house on E. Maude St. near the mouth of the creek. Calls to the sheriff's office in the past have not remedied the situation, partially due to difficulties of enforcement since boundaries are not clearly marked. Having clearly marked and defined boundaries will make it easier for hunters to know where they should not be and, if necessary, for enforcement of any violations. Thank you for your consideration. Sincerely, Carol Baker 91 E. Maude St. Port Hadlock, WA 98339 effbocc (- ' `'z(( ( Nk ( I From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Marian Stevick <marianstevick@hotmail.com> Sunday, November 05, 2017 10:15 PM jeffbocc Fwd: Chimacum Creek proposal From: Paul Stevick <paulstevicknhotmail.com> Date: November 5, 2017 at 9:35:48 PM PST To: Marian Stevick <marianstevick a,hotmail.com> Subject: Chimacum Creek proposal Re proposal 02-0416-07 and 11-1208-08 AO k , I am opposed to the proposal as written. Any ordinance regulating shooting in Chimacum Creek Wildlife Area should take into account the history of safe hunting and shooting in this area. I have hunted in this area and accompanied family members while hunting there for many years and see no threat to public safety from hunters shooing shotguns at waterfowl coming in from Port Townsend Bay. Any regulations regarding this area should be decided by the Washington State Department of Fish an Wildlife, which owns the property you are trying to regulate with this proposal. Thank you, Marian Stevick 1 f jeffbocc k+q �tf�&�1� i'�r' From: Ryan Larson <rlarson8402@yahoo.com> Sent: Monday, November 06, 2017 12:26 AM To: jeffbocc Subject: regarding ORDINANCE NO. 02- 0416-07 and 11- 1208- 08 To whom it may concern, My name is Ryan Larson. I am a son, a brother, a husband, a father, a doctor of physical therapy, a good friend, a hard worker, a Christian, a taxpayer, ......... I am a hunter. Though I could be defined by many individual things, over the years they all have contributed to mold me into the man I am today. Well, today, I wanted to share a little about myself as a hunter, and share an opinion on the matter regarding the above proposals. I started begging my father to take me hunting with him when I was 5 years old. We would walk through the woods together, and my dad would tell me about the leaves on trees. We would talk about all the animals in the forests, and marshes, and prairies, and sometimes, he would never fire a single shot. In my simple mind as a young boy, I would be bummed about getting "skunked" on our "hunts". What I didn't realize, until I was much older, were the lessons my father was teaching me about the outdoors, about wildlife, and about life in general. These are truly some of the fondest memories I have regarding my dad. He instilled a passion in me for the outdoors, for hunting as well, but more in the realization of spending quality time with people you care about and who share the same passion as you. My dad has worked in conservation for almost 30 years now. He has been a hunter for close to 50. He taught hunter's safety courses in his "free time". He helps develop habitat promotion events, and builds duck and goose nests for breeding in his parks. I could not tell you how many thousands of dollars and countless hours my dad has contributed to promoting safe hunting, growth of species, and land available to hunt on. Last year, I was honored to introduce my dad to waterfowl hunting in the state of Washington. It was a day we will never forget. Now, I have a 5 year old son, who has started to ask me to take him "hunting". There is so much more going on here than just "hunting". Let me be clear: I do NOT hunt just to shoot my gun, or kill an animal. This is not how I was brought up. Ever since my son was born, I dreamed of the day he would be old enough for me to start him on the path into the great outdoors. We do go hiking and fishing as well, but hunting is something my family has passed down for generations. It is something we all come together for, and share knowledge and tell stories about. However, there continues to be more restrictions placed on hunters every year. Every year, there seems to be more areas restricting access or shooting for hunters, even though statistics show more land being purchased (DU and WDFW). It is becoming more and more difficult, and costly, to partake in an activity I have spent the majority of my life participating in and promoting, and I fear I will not be able to share these experiences with my son as he ages. These particular proposals are more of those restrictions. I understand there is a concern for public safety. I think the public always is concerned for safety when guns are involved. I'm concerned as well. I'm concerned for my safety, and my families safety, when we play on the playgrounds of city parks, when we take our dog to the dog park, when we attend concerts, when we fly on an airplane, when I'm driving my kids to school, and even when we go to church. This concern, however, does not prevent me from living my life. Also, these instances of mass shooting and gun safety issues are not stemming from ill-advised actions of law-abiding hunters. I believe the expressed public concern leading to the drafting of these proposals are not necessarily a public safety issue, rather a public education issue. I feel both sides could easily come to an agreement on the matter. The location in question is a beautiful spot for everyone to enjoy. I would not want someone to feel unsafe while walking on the beach, or along the trail, especially while I was hunting. On the flip side, I do not enjoy being harassed by people while I am legally hunting and trying to enjoy myself either. As suggested, conveniently posted sign(s) with clearly outlined borders of where hunting is allowed, would be quite inexpensive. There could even be a set location specific for hunters to set up from. The proposed new borders however, are not realistic for actual hunting at the location in question. I would be more than happy to be involved with the discussion moving forward of where a "fair" boundary would be, and/or a set location for hunters to set up from. I apologize for not being able to attend the meeting in person, but I feel strongly about needing my voice to be heard. Please do not hesitate to contact me via email or phone (563-340-3320) if you have any questions or need further clarification. Thank you for your time and consideration. Sincerely, Ryan Larson Stevick, Paul J From: Paul Stevick <paulstevick@hotmail.com> Sent: Sunday, October 29, 2017 5:23 PM To: Stevick, Paul J Subject: [EXTERNAL] Fw: Hunting and shooting in Chimacum Creek From: Ryan Menday <RMenday@co.jefferson.wa.us> Sent: Saturday, October 28, 2017 9:25 AM To: Paul Stevick Subject: RE: Hunting and shooting in Chimacum Creek Paul, I just wanted to give you a heads up but there should be an upcoming public comment period in Port Townsend regarding proposed restrictions to hunting Chimacum Creek. The new restrictions would make it hard, if not impossible, to hunt that area from a vessel. You can contact the county commissioners office at 360-385-9100 to get more information regarding the proposal and public comment period. I figured I'd let you know since you are one of the effected hunters. Deputy Ryan Menday #33 Jefferson County Sheriff's Office (360)385-3831 Ext. 773 rmendav@co.iefferson, wa. us From: Paul Stevick[mailto:paulstevick@hotmail.com] Sent: Friday, December 23, 2016 8:44 AM To: David Stanko <DStanko@co.jefferson.wa.us> Cc: Ryan Menday <RMenday@co.jefferson.wa.us>; richardlelandbazzell@gmail.com; wawtrfwlr@comcast.net Subject: Hunting and shooting in Chimacum Creek Sheriff Stanko, I assume this is the first time you've heard from me on this topic. I sent you an email via the website on November 20 regarding an interaction on the 17th with a WDFW office, Mark Hilman, who said you had called him to visit us while I was hunting at Chimacum Creek. I have not received a response from you to that email, so I assume it did not reach you. Since November 17, 1 spoke with Detective Menday on December 4th while hunting at another location. He said he would speak to you about the "no shooting" issue, and I sent him an email on December 5 with a copy of my email to you. I have not heard back from Detective Menday yet. Last Sunday, December 18,1 was again hunting from a boat in Chimacum Creek when I was visited by deputy Avery from your department. He had responded to calls of shots fired in the "no shooting" zone. We discussed the enforcement of the no shooting zone in an area that encompasses tidal areas owned or controlled by WDFW and Washington DNR. It was deputy Avery's opinion that we were shooting legally, but he had a different perspective on which law would apply - state, county or maritime. Waterfowl hunting has never been so complicated for me! As a member of the Washington Waterfowl Association, I have also reached out to the representative for the Peninsula, Richard Bazzell, and the president, Jim Cortines, to see if they could provide some support or guidance on how this question could be resolved. The basic question is outlined in my first email to you, so I will not belabor it here again. Deputy Avery had a great suggestion last Sunday, which was to simply put up some sort of communicative sign or board explaining that hunting and shooting in Chimacum Creek is legal and authorized even though it lies within the County's "no shooting" zone. Given the unnecessary response to calls to your office when we hunt there, and the possibility of hostile interactions from other recreational users of that area and some residents of the surrounding area, it would be in the public interest to clarify the boundaries, permitted use and enforcement guidelines. As I said in my first email to you, there is a simple resolution that would allow for waterfowlers, residents and other recreational users to use this property without impeding each other's enjoyment. Text of email to you on 11/20/2016: Sheriff Stanko, I have hunted waterfowl in the mouth of Chimacum Creek for many years and am aware of the no shooting zone established around it. I hunt from a boat, which I have been told by the previous sheriff and several deputies over the years, is legal and recognized as such by your department. This has been confirmed several times by deputies who visited me and my hunting companions while hunting there. They were apparently responding to reports of shots fired. In every instance, we were told we were acting legally. On November 17, 2017,1 was visited by a Fish and Wildlife officer while hunting there who told me there was a demarcation line established that separated the county ordinance No Shooting zone from Washington State waters where shots could be fired from a boat. This was news to me. I asked where this was codified and he replied "on the county website." This officer was very specific about the demarcation line between "salt water and fresh water," which apparently is the enforcement standard. I have scoured the county website and your website as well and can find nothing about this except the ordinance itself. I have to say, also, that if hunters are required to set up in a way to accommodate this demarcation, the shooting field would no longer be over the safety of the salt water towards Indian Island, but would direct the fire towards the shoreline on the south bank of the creek. This is not in the interest of public safety, and could be remedied by simply adjusting the demarcation line slightly to allow hunters in boats to set up and shoot safely. This would be a win for all, except of course, those who do not want any shooting at all in this wildlife area. It is bitterly ironic that the Chimacum Creek Wildlife Area makes the WDFW the largest land owner in Port Hadlock by far, and that this was made possible by the funding from hunters who are now prohibited from using it. I would like to meet with you to learn how you perceive the enforcement of the no shooting zone will be conducted and where and how I can safely and legally hunt in that area. I can also show you how a simple adjustment would be a satisfactory resolution for public safety and all parties concerned. I can best be reached at (360) 509-7409. Text of email to Detective Menday on 12/5/2016: Detective Menday, Thank you again for that long conversation we had last Sunday at the entrance to the Shine Marsh. It is ironic that we ran into each other there after our previous meeting many years ago at Chimacum. I vividly remember you calling from the south bank of the creek mouth to me and my son Joe when we were hunting on the north bank. Joe and 1, along with our dog at the time, paddled over to you in our canoe and listened to you explain 2 that the area around Chimicum Creek had been designated a "No Shooting" zone by the county. Signs would soon be posted, you told us. We were devastated, until you told us we could still hunt from a boat, so long as all our shooting was done from the boat, which had to be actually afloat. I thank you for that thoughtful resolution, which made a great impression on me and my son. (Incidentally, since that morning, my son Joseph spent 4 years in college and is now in Madagascar with the Peace Corps. I'm thinking our first meeting that morning had to be about 7 or 8 years ago.) A lot of water has flowed from Chimacum Creek since that first meeting. As I told you during our conversation Sunday morning, I have hunted Chimacum Creek since then on the understanding of the rules you laid out at that time. My encounter with the Fish and Wildlife officer on the 17th of November really puzzled me. I wrote an email to Sheriff Stanko on (or about) the 20th of November and sent it via the Jefferson County website contact channel. I haven't heard anything back. Since you said you would speak with the sheriff about this, I have attached a copy of that email to him. I really appreciate your willingness to provide some clarification on this issue. I thank you as a law enforcement officer and as a fellow waterfowl hunter. Whatever the rules are, we all need some clarity. Thank you, Paul Stevick 3 q G h EA R N GY R Paul Stevick 7383 Haynes Lane NE ' CVE Bremerton, WA 98311 NOV 0 6 2017 (360) 509-7409 RE: Proposed ordinance 02-0416-07 and 11-1208-08 (No shooting boundary in Chimacum Creek.) I am submitting oral and written testimony opposingthe proposed boundary changes and recommending alternatives. In addition to the written copy detailing my reasons foropposingthis proposal I am submitting supporting material and photographs. These are itemized as follows: 1.) Emails exchanged in period 11/20/2016 and 10/28/2017 showing communication between me and law enforcement officers regarding clarity of borders of the no shooting zone. This communication shows my attempt as a hunterto operate within the law and also shows the obse rvations of law enforcement officers to the threat, or lack of threat, to the safety of the public. Some comments bythese officers are valuable suggestions for a resolution thatcould be satisfactory to all parties. 2.) Map showing property ownership with a red arrow indicating the most probable moorage ofa hunt boat, a yellow line showing the back of the shooting area, and a red semi -circle indication a probable "dangerarea" of shooting zone for hunters shooting from the boat. 3.) Photo of a happy hunterwith a boat inthe position indicated in #2. This showsthe area in the background that is used by the general publicfor hiking and dog walking. People in this area and always in clear view of the hunters. This is where the general public and the hunters would be closest to each other. 4.) Waterfowl harvest information showing the number of ducks and otherwaterfowl harvested in various counties. This shows the harvest of ducks in Jefferson County is fargreaterthan Kitsap County. This is why hunters come from Kitsap County to Jefferson County to hunt. 5.) Shot size diagram showing pellet size for shotgun cartridges with 4 sizes most commonly used for ducks highlighted. Paul Stevick 7383 Haynes Lane NE Bremerton, WA 98311 (360) 509-7409 RE: Proposed ordinance 02-0416-07 and 11-1208-08 (No shooting boundary in Chimacum Creek.) This proposal, as written, is unnecessary, unenforceable, and unfair to recreational hunters. It strips the largest landowner in Port Hadlock of the ability to manage its land for the benefit of the Washington residents whose mission they are supposed to support. In addition, the proposal is based on a shaky premise that likely will not survive a court challenge. "Statutory Basis" allows Jefferson County to enact this ordinance only if there exists "a reasonable likelihood that humans, domestic animals or property will be jeopardized." That statutory basis does not exist. Hunters shooting shotguns with pellets from a boat in the mouth of Chimacum Creek into the open salt water of Port Townsend Bay present no jeopardy to humans, domestic animals or property. In addition, the surrounding landscape consists of a high bluff that would absorb any shots and a beach area with a clear view of any humans or domestic animals that could possibly be in jeopardy. Assuming a "danger zone" of 75 yards for pellets fired from a shotgun, and recognizing that hunters are required by law to be responsible for the consequences of their shots, there is no reason to assume that a hunter shooting from a boat in the mouth of Chimacum Creek could endanger anything but waterfowl. In the "Statement of Issue," the Jefferson County Sheriff's Office reports that the complaints received about hunters shooting are "safety -oriented, not noise -oriented." So, who is complaining and why? I would break this down into two categories, based on my interaction with people who complained to us while hunting and the feedback from law enforcement officers. One category is simply residents and recreants in the area who see the "no shooting' signs and then hunters shooting. They assume they are witnessing illegal activity. The second group is anti -hunting and animal rights activists who have confronted us in the field and left threatening notes on our vehicles at the boat launch. I will assume that the commissioners are wise enough to avoid aligning the county with an extremist group that attacks a beloved and centuries old tradition of hunting in America and have committed acts of domestic terrorism for their cause. That leaves only lack of information as a source for the complaints. This is easily remedied (and was suggested by 1CSO Deputy Avery in 2016 — see the emails) by posting signage explaining the land ownership and the hunting access allowed within the "no shooting zone." If the general public understands that the wildlife area provided for their recreational use and the preservation of habitat was actually paid for by hunters, among other recreational users, they should be more accepting of the multiple uses of the wildlife area. We certainly should be able to all get along. Is there resolution? I think there is. Jefferson County should not try to manage the wildlife area owned by WDFW. Any "no shooting" regulations encompassing a larger area that contains the wildlife area should acknowledge the historic rights of hunters. Any "no shooting" regulation for the area encompassing the Chimacum Creek Wildlife Area should contain language provides authority to WDFW to regulate hunting and shooting in the area they own. This would resolve enforcement issues and take the county off the hook for enacting an ordinance that is unenforceable and will invite litigation. Here is a simple overview of how WDFW could implement that resolution: 1. Shooting allowed from boats only. 2. Moorage of hunting boats only within a designated area. 3. Hunting and shooting would be designated by "safety zone" signs facing the hunting area . This will allow flexible control by WDFW of the number of hunters, the direction of shooting and even the amount of shooting. In summary, there is a quick and easy resolution to the "no Shooting" issue in Chimacum Creek Wildlife area. The problem is not resolved by passing the proposed changes to the existing ordinance. Please work with us hunters and WDFW to develop a resolution that is satisfactory to all parties involved. Either vote "NO" on the resolution as written or vote to suspend action until WDFW can present a management plan for insuring public safety in the Chimacum Creek Wildlife Area that takes into account the interests of all parties affected by any changes. 11441'e- HWING RECORD Jefferson County Commissione% Hearing 062017 No Shooting Zone at Chimacum Creek Monday, November 6, 2017 I am here to show you 3 photos taken yesterday morning. There was shooting within the mouth of Chimacum Creek. This is a safety issue. This shooting is an `attractive nuisance'. • Now a recreational area for walking, kayaking, bird watching, and walking dogs. • Now there are many more families that live by the Creek. • When the hunters are within the mouth of the Creek they are in close proxsymetry (?) to folks who use beach for recreational uses. Living close to this beautiful spot I want to know that no one is going to be hurt. I appreciate the long time, the good hard work and collaboration that went into putting this together. The Sheriff s department, WA Dept of Fish & Wildlife, and the County Prosecutor's Office. Suzanne Learned 110 2nd Ave Port Hadlock WA 98339 360-531-167 mobile sb@seacraftclassics.com From: r I as earr:"3fjri .irk co, V Subject: Fwd: Shooting continues on Nov 5 within "No Shooting Zone" Date: November 5, 2017 at 9:43 AM To: Philip Hunsucker ,: r co.jefferson,wa us Cc: David Stanko o.jefferson.wa.us, Michael Wardrop michaelwardropl @gmail.cor~ , Al Learned aliearnedC@gmail.com, Seacraft@Seacraftclassics. Com seacraft@seaciaftciasscs.com Philip. FYI. Photos taken this morning at 9:10 a.m. clearly showing hunters in Chimacum Creek with their boat (kept on North Shore when not retrieving ducks) and their spread of duck decoys along North shore. I reported shooting to 911 at 7:50 a.m. this morning. 911 Operator took my information and said she would inform Sheriff's Dept. See you tomorrow at hearing. Thanks. Howard M. Learned PO Box 538 Port Hadlock, WA 98339 PH 360-215-0184 Begin forwarded message: From: Suzanne Learned <boat9ir127@ic1oud.com> Date: November 5, 2017 9:15:48 AM PST To: Ward@seacraftclassics.com Subject: Shooting Nov 5 lot I -itil M IL r s/ °moi • � �M,� � ( w -x. � ii a Chimacum Creek No Shoot Zone Hunter with boat and decoys shooting within the mouth of the creek Sunday, November 5, 2017 at 9:15 am Washington Department of Fish And Wildlife Average Game Bird Harvest* (2012-2016 Seasons) Region County Chukar Dove Duck Goose Grouse Hun Pheasant Quail Snipe Region 1 Asotin 1,334 299 1,357 279 482 474 i3 i 1,009 0 Columbia 82 141 1,159 234 672 192 1,574 1,530 1 Ferry 0 32 1,503 247 4,562 0 354 207 0 Garfield 188 171 2,788 460 224 163 2,588 1,249 1 Lincoln 29 762 3,828 1,835 156 389 1,636 2,136 12 Pend Oreille 0 2 5,011 1,311 3,193 0 27 48 0 Spokane 43 1,236 5,237 3,047 1,209 230 1,824 1,974 4 Stevens 0 88 3,453 861 6,606 0 305 804 1 Walla Walla 12 2,042 22,416 2,247 312 62 3,635 2,492 23 Whitman 485 1,213 3,452 982 164 606 5,893 2,546 6 Region 1 Total 2,173 5,985 50,205 11,502 17,579 2,116 18,375 13,995 49 Region 2 Adams 81 2,229 13,651 2,595 0 83 1,670 1,851 15 Chelan 1,582 587 5,682 895 2,393 228 578 5,805 39 Douglas 812 2,439 8,075 835 201 538 577 6,237 12 Grant 554 15,766 69,333 15,317 0 322 7,645 12,034 156 Okanogan 1,014 1,201 6,278 1,279 7,515 667 762 7,319 3 Region 2 Total 4,044 22,222 103,018 20,921 10,169 1,838 11,232 33,247 225 Region 3 Benton 147 4,422 35,053 4,957 0 179 2,945 3,408 46 Franklin 21 7,137 31,257 6,477 0 60 2,694 4,020 108 Kittitas 970 385 4,116 518 2,094 279 536 1,478 16 Yakima 1,525 10,279 30,289 3,555 2,184 255 3,661 17.607 174 Region 3 Total 2,664 22,223 100,714 15,506 4,278 772 9,835 26,513 344 Region 4 Island 0 0 4,952 600 19 0 543 23 3 King 0 47 10,430 1,219 907 0 535 71 63 San Juan 0 0 1,707 348 22 0 6 8 0 Skagit 0 66 50,111 4,441 2,120 0 158 5 40 Snohomish 0 124 28,859 2,467 1,073 0 810 2 130 Whatcom 0 77 27,992 1,865 819 0 865 25 16 Region 4 Total 0 314 124,052 10,939 4,961 0 2917 135 253 Region 5 Clark 0 303 13,571 1,551 539 0 684 25 49 Cowlitz 0 30 5,008 699 1,765 0 142 24 15 Klickitat 64 261 2,030 450 727 112 282 840 0 Lewis 0 185 9,823 1,336 3,004 0 136 14 29 Skamania 0 0 3,051 342 1,320 0 3 2 0 Wahkiakum 0 3 4,271 355 596 0 5 0 19 Region 5 Total 64 781 37,754 4,732 7,950 112 1253 906 112 Region 6 Clallam 0 64 6,639 379 3,311 0 0 211 65 Grays Harbor 0 48 12,880 1,228 2,907 0 187 20 6 Jefferson 0 11 2,325 88 1,044 0 0 2 1 Kitsap 0 9 524 40 70 0 178 62 19 Mason 0 148 3,422 197 1,585 0 483 41 26 Pacific 0 31 8,152 754 1,078 0 89 18 17 Pierce 0 94 9,990 890 1,472 0 692 5 18 Thurston 0 54 8,891 953 1,024 0 653 3 0 Region 6 Total 0 460 52,821 4,530 12,492 0 2282 363 153 Statewide 8,945 51,984 468,565 68,131 57,429 4,838 45893 75,158 1,137 34 *Western Washington released -pheasant -only harvest is now reported in this table, this has not been included since 2010 CL CU 3� (n cn. CQ r -j 0 3 CD l< m �z CD CD iD Cb CL Ll 4T =4 f JU 0 "V AMO s 0 LU IL < UQ, ti •Avltl ZO U, 9 :E j &A 1.111- O/tv 414 Ne LU LU Ao AF