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HomeMy WebLinkAbout146David W. Johnson From: Sent: To: Cc: Subject: Attachments: Philip Morley Friday, June24,2016 6:23 PM Leslie Locke; David Goldsmith; Pat$ Charnas; David W. Johnson David Alvarez FW: PHM Philip Morley edits to Pleasant Harbor Marina and Recreation Community Meeting notes for June 21 2016 - tracked changes.docx; Philip Morley edits to Pleasant Harbor Marina and Recreation Community Meeting notes for June 21 2016 - clean.docx Dear Leslie, David G, Patty, David J, (and David A) For your information and files, please see below my subsequent email to Garth Mann with the enclosed 2 Word files of typed edited versions of the notes from my 6/27 meeting with Statesman. Philip Philip Morley Jefferson County Administrator pmorlev@co.iefferson.wa.us (360) 38s-9100 x-383 This is a reminder thot all emoil to or from this email address moy be subject to the Public Recards Act contained in RCW 42.56. Additionolly, all email to and from the county is coptured and archived by lnformation Services. From: Philip Morley Sent: Friday, June 24,2016 6:19 PM To: Garth Mann (garth@statesmancorporation.com) <garth@statesmancorporation.com> Cc: jeffbocc <jeffbocc@co.jefferson.wa.us>; Kathleen Kler (KKler@co.jefferson.wa.us) <KKler@co.jefferson.wa.us>; 'ursulak@statesman.ca' <ursulak@statesman.ca> Subject: RE: PHM Dear Garth, as follow-up to my email below, please find enclosed two word files that include my proposed typed clarifying edits to your notes from our June 21 meeting: o The 1't file contains all edits showing in tracked chanees. o The 2nd file contains the resulting edited notes in a clean format. Thank you and Ursula Kurth for providing the notes in Word format, so I could enter my edits in type. Please let me know if these edits accurately reflect our meeting, or if you would wish to propose further edits. Sincerely, Philip Philip Morley Jefferson County Administrator pmo rlev@co. iefferso n.wa. us 1 (360) 38s-9100 x-383 This is a reminder that all email to or from this email address moy be subject to the Public Records Act contained in RCW 42.56. Additionolly, all email to and from the county is captured and orchived by lnformation Services. From: Philip Morley Sent: Friday, June 24,2016 10:03 AM To: Ga rth Mann (ga rth @statesmancorporation.com)statesma ncor ration.com> Cc: jeffbocc <ieffbocc@co.iefferson.wa.us>; Kathleen Kler (KKler@co.iefferson.wa.us) <KKler@co.iefferson.wa.us> Subject: RE: PHM Dear Garth, thank you for your email and proposed notes from our meeting June 2L, 2016, which I received shortly before 10 PM last night. I was surprised to receive your notes, titled "MINUTES JUNE 21* 5:00 PM - 6:15 PM meeting," aslwasunawareyouwereplanningondocumentingourconversation. Becauseoftheimportanceofthisproject,and the sensitivity of the issues it involves, I have prepared hand written edits to the notes, so that the notes accurately reflect my understanding of what was said during our meeting. My edits are in the enclosed PDF file, and like your originalemailto me, is part of the public record of correspondence. Because the enclosed handwritten edits are very difficult to read & decipher accurately, please have your staff email to me your original notes in their original word processor file format, and my staff and I will type my edits in a underline/strikeout format and email them back to you. l'm sure you would agree on the importance of creating an accurate record. Again, thank you for our meeting on June 21 and thanks in advance for sending me the word processing file of your notes from 6127 so I can type in my edits. I look forward to keeping our communication between the County and Statesman open as the Pleasant Harbor Master Planned Resort project continues to move forward. Philip Philip Morley Jefferson County Administrator pmorlev@co.iefferson.wa.us (360) 38s-9100 x-383 This is a reminder that oll emoil to or from this emoil address may be subject to the Public Records Act contained in RCW 42.56. Additionally, oll email to and from the county is coptured ond orchived by lnformation Services. From: Garth Mann Ima ilto:Ga rth. Ma nn @statesmangroup.com] Sent: Thursday, June 23,20!6 9:54 PM To: Ph il ip Morley < pmorlev@co. ieffe rson.wa. us> Cc: jeffbocc <ieffbocc@-Qo.iefferson.wa.us>; Kathleen Kler <KKler@co.iefferson.wa.us> Subject: FW: PHM Evening Philip: Thank you for your consideration in traveling to Pleasant Harbor Maina on the early evening of the 21stto view first-hand our location and to learn about the program that has been proposed for developing a special community that includes a Recreation Center. 2 Diane and Don Coleman and this writer understand the sensitivity that you expressed in terms of the Port Gamble S'Klallam Tribe's representation that they have an interest in the Kettles for sacred or ritual historic reasons. We have agreed to comply, as noted in the attached minutes of our meeting. We have studied the Treaty which pertains to hunting and fishing rights, but does not interpret Sacred Rights as a condition that they could be interpreted to prevent the approval of our application. Jeremy Sullivan appears to be an honest man. He stated on the record at the Government to Government meeting, that they have no interest in preventing the development at Pleasant Harbor. We discussed that the Tribe's hunting and fishing rights would not be impacted by our development, including risk to the Elk Herd because of increased traffic counts. As we all know, the Port Gamble S'Klallam Tribe has recently constructed a casino and hotel. What special considerations did the Tribe follow to protect the environment as well as Elk, Deer and other mammals disturbed due to their development? Did they spend millions of dollars over 10 years on studies and reports and peer reviews as well as utilizing the environmental carbon-friendly Geo-Thermal for healthy heating and cooling systems? Of course not ! The second attachment I have fonruarded, is a draft of the Sporfs and Health-Wellness Lifestyle Membershrp planned for the residents of Jefferson County and adjoining Counties. The community of South Jefferson County is in need of the environmentally sensitive development we are proposing, be accepted. Garth Mann M. Garth Mann President & C.E.O Statesman Group of Companies Direct:403.686.8371 Email: earthr?statesnran.ca From: Ursula Kurth Sent: Thursday, June 23,20t0 4:01 PM To: Ga rth Mann <Garth. Ma nn@statesma ngroup.com> Subject: PHM PDF 3 Kind regards, Thank you for taking the lead so that we have approvals this summer. U rsu la Ursula G. Kurth Corporate Office Administrator The Statesman Group of Companies (403) 2s6 - 4tst ursula k@statesman.ca 4 it: PuERSarur HERBOR PLEASANT HARBOR MARINA & RECREATION COMMUNITY MINUTES JUNE 21ST 5:OO PM _ 6:15 PM meeting. ATTENDING: Philip Morley; Don Coleman, Diane Coleman, Garth Mann LOCATION: Pleasant Harbor Marine & Recreation Community. The meeting was called by Garth Mann, to provide an opportunity for Philip Morley, Head Administrator with Jefferson County, to physically inspect the initial phase of Pleasant Harbor Marina & Recreation Community and to understand the relevance of the property pertaining to Statesman's proposed recreation community. Garth stated The-the HISTORY of the proposed community lands, known as the Black Point Property,wasanRVParkthathadbeenutilizedsincethel960,s@for RVs and Tents providing tourist accommodation. He said l+it was important to identifu that a road network, various outhouses and septic fields, a pool field house, and recreational playground areas, electrical conduits, and potable water well- heads had facilitated the site until the property was purchased by Arizona's Statesman Group in 2006. To protect the environment, the RV site was closed by Statesman to prevent risk of fires. Gxth said The-the Brinnon Comprehensive Plan existed prior to the Statesman purchase. It had been ratified during the application process that led to the January 2008 approval for a Master Planned Resort through the SEPA process called an FEIS Approval that included 30 conditions imposed by the Board of County Commissioners. Garth discussed the process with Philip, in particular the 8 years following FEIS approval. A number of consultants provided their retainer to investigate and write in-depth reports that were Peer Reviewed through the County and professionally recorded as the precedent for the County's conditions. Garth stated that he believes The-the County's intent by having the reports peer reviewed-and @wastoidentiffstronglytothepublicthatnocompromisewasmadetothe quality of information that was required to address the conditions for approval. The FEIS plan was also amended to accommodate the new Shoreline Master Proqram. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46LL / 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stotesmo n o ro u o. c o m i!: PuEas*rur HaRBoR :'-'t' -Garth said The-the DRAFT SEIS was submitted in2014, and released for public comments as a Final SEIS in 2015. Following the expiry of the Public Comments stage, the Final SEIS was discussed during a public meeting at Brinnon School January 6th, 2016 where the project was introduced to the newly appointed Planning BearCepum!;tlpu. Garth stated that. Uunfortunately, most of the new Planning Board was unfamiliar with the property and the approved FEIS, as well as the multiple reports and peer reviews. He said Sgince this date some members of the new Planning Board have attempted to visit the site to appreciate and understand the property and application before recording their recommendations. He also said. Uunfortunately, it appears that many have yet to read the consultants' reports, therefore disqualifuing their understanding in order to comment on the positive environmental- standards initiated by the applicant in @LEED GOLD standards. After y the ssion to review and recommend development regulations, Philip Morley noted that the County Commissioners had written to Me Planning Beard Conunission setting a submittheir recommendations no later than July 5llth 2016. Philip noted he has attended several Plannine Commission meetings to support the Planning Commission and DCD staff in completine work on the development regulations. and that he had also reminded the Plannine Commissioners to frame development reeulation recommendations consistent with the adopted Comprehensive Plan and findings of the FSEIS. did+e+ffaliff+hat ive Ptan for a MasteFPtfftne ing Garth noted that Ffollowing the closing of the public comments time period on the SEIS, the Port GambleS,KlallamTribeaskedforanopportunitytooice their concerns. A Govemment to Govemment meeting was scheduled for April 18th' 2016 atthe Port Townsend Courthouse. Garth noted Ceounty Commissioners were present, as was Tribal Chairman Je+emfJeromy Sullivan tnd- Roma Call and Laura Price of Port Gamble S'Klallam Tribe. -Neither Garth Mann nor the consultants were invited to participate. but were invited to attend. *egardl€s$r-Garth Mann and2 consultants did attend. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46LL / 800-547 -3479 FAX 866-848-4512 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.slotesmonorouo.com it: PreRserur HenBoR MARINA RESORI -Garth recounted that Ffollowing 90 minutes of discussion, Ga#h*4annhs asked if he might address the meeting. The-HiS_purpose was to have it noted on-the-record that as the developer, "the reasonable concerns of the S'Klallam Tribe would be adhered to." Garth noted Aa separate eflearnerameeting was agreed to between Statesman and the Tribe" with one County Commissioner and staff. and was held immediately afterwards to discuss the concerns of the Tribe. These concerns, as state*,understood by Garth were: Concern that surface water would be leaving the Black Point Site and pollute the waters of Hood Canal and consequently impact the fishing rights of the Tribe. Garth Mann said he asked if the Tribe had read the reports{ $He_Saldj_the reports had been read the Tribe would have appreciated that NO surface drainage or outflow would be occurring to Hood Canal from the development. He said TIhe Tribe would be pleased that less than 12 oh of the site area is impervious. The Tribe was concemed that Fertilizers and Pesticides used on the golf course would negatively impact the Ground Water and Hood Canal. a Garth said eqnce again the reports appeared not to have been read. He said Nno synthetics such as Nitrates, or Phosphates or Pesticides or Pollutants would be used to green the golf course. Instead, he said Statesman has investigated an organic root stimulant made by Dakota Peat, for this location and requirement. The Salmon Safe or equivalent protocol is to be practiced to enhance the environment. The Tribe was concerned that ancestral sacred rights might be compromised with the removal of the timber and the lining of Kettle B, in order to accommodate 13.5 million gallons of Class A Water Reservoir that would be collected as on-site storm water and treated waste water. Garth explained that if the Tribe could satisfy the Historical Registrar of Washington State, proving that both Kettle B and C had historical ancestral spiritual rights, Statesman would not compromise these rights, and the 2 Kettles and Wetlands would be omitted from the development areas. The only condition imposed by Statesman, would be that Port Gamble S'Klallam Tribe would need to be responsible for the safety, cleanliness, and biological significance for maintaining these areas, in order that the public could read and leam from signage as to the historical significance of these areas. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-7 96-46L1 / 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stotesmonorouD.com a o mt: PleeseNr He,nBoR MARINA RESOR Philip asked if Statesman would be willinq to preserve the Kettles if the sites did not get registered, but if the Tribqacrced to manase the Kettles. Garth indicated he thoueht o Statesman could asree to that. Tribal Chairman JeremFJeromy Sullivan referenced that the Tribe had ancestral hunting rights in the area, and even theugh *ris area issuerJhe potential loss of hunting rights pertaining to the Elk Herd would be compromised through increased traffic counts visiting the Community. At the June 21 meetine with Philip. Garth explained that the Elk Herd has never entered this peninsula area for grazine and that this area was posted as no-hunting due to public safet), issues. Their migration pattern has followed the Dosewallips River and Tidelands, where the herd crosses highway 101. Garth also explained that the herd could be protected easily with the proven technology of Proximity Collars or Ear Attachments that are worn on the lead animals of the Elk Herd. When these proximity readers are wom by the Elk and they are close to the highway, a flashing sign lets drivers know to slow-down to safe limits in order to protect the Elk Herd. This format is most common in National Parks, and has been proven effective by Forest and Animal Management experts. @igoftheBlackPointPropertywillnotbeconsideredbyStatesman, since this is a contra-measure to environmental standards. Philip noted that the Tribe's concem for Treatv rishts appeared to relate to concern for the elk herd's safety. to ensure their hunting rights on nearby Usual and Accustomed huntine would not be about the extent of the Usual and Accustomed area. and Philip said he would send information. o Garth asked Chairman Sullivan and Tribal Council, plus Consultants, te-meet on-site and walk the area so they are familiar in real terms with the conditions in order that the Tribe had an improved understanding. A meeting was set for a tour within 2to 3 weeks of April 18th 2016. Garth said Tlhe Tour, with JeremyTribal Cnainnan Srrttir* and the Tribe's Biological Group, has yet to occur 2 months later, although others from Port Gamble S'Klallam Tribe have attended for a tour. In closing the April meeting, Garth asked and these County Commissioners and @to follow an eqpen and Tlransparent Pelieyprocess, in order that the parties might communicate and therefore, resolve any legitimate concems. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-7 96-46L7 / 800-547 -347 9 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stotesmonorou o.com a it: PIeRsRrur HenBoR -.i..t'-,.:.Garth recalled that Tribal Chairman J€r€ffiFSullivan had agreed by stating that it is not the intent of Port Gamble S'Klallam Tribe to deliberately attempt to block or delay the progress of the application for Pleasant Harbor Marina and Recreation Community. PhilipMorleyreported,duringthemeetingonJune21st,that@ understood that Tribal Chairman Sullivan ishas been very busy with non-Tribal issues and i+has been unable to meet ien @. Further, Philip stated that thert is not in Statesmm County's @o move forward with approvals before Countv can adequately address the Tribe's concems. The Tribe has requested a Memorandum of Understanding between Government to Govemment, which Philip David Sulli to further Chairman Sullivan. The June 21't meeting continued with Philip asking if Garth felt that DCD was not working towards a development regulations and development aereement.? Garth responded that eu+hilteam is becoming increasingly doubtful, based on past performance, as to the intent of DCD to follow normal approval protocols after so many years@.TheprecedentoftheBrinnonComprehensivePlanandthe approved FEIS with conditions, lays the parameters for approval. He said- Ifif DCD was inclined to follow an informed process and procedures, the Planning Commission would have been instructed as to their restricted parameters to guide their recommendations for the Board of County Commissionerg. Instead, Garth said their draft report indicated that they were completely uninformed of the facts. Further, Garth said one would have expected that a Planning Bear+eglqld$iAn is held responsible for reading the reports and studying the proposed property in order to make informed suggestions to the Board of County Commissioners. reiterated that the development resulations. and would be takine action to adopt reeulations with sound leeal advice and professional input from DCD. and in accordance with the law. Garth explained to Philip that the Open and Transparent Policy for preventing litigation is essential for this approval process to be fair and reasonable. Garth explained to Philip the purpose of a Recreation Community planned for Pleasant Harbor (please review attached summary). The area is in need of assistance as a part of Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-461 L / 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.slotesmongroup.com ix: PleRserur HenBoR MARINA R€SOH Jefferson County. that approximately 80% of the children who attend Brinnon School are on the Assisted Lunch Program. The student population has declined over the last l0 years due to lack of employment for the Millennial Generation. Garth further identified the need for employment and amenityles mi€ratie+for both Sports and Health & Wellness Tourism in south Jefferson County. He said T1his clean industry will help to remove the stigma of a socialbt resressive society. He added UUnfortunately, to the embarrassment to Jefferson County and its Law Department, this characterization of society has been featured on television's Discovery Channel. I+-{#ascartb explained to Philip Morley that a Public-Private-Partnership is intended to develop a Recreation Center for the benefit of creating employment and improving the quality of life in south Jefferson County. Garth described a proposal to deed certain sports facilities to Washineton State if the State would particioate with tax exempt bonds. Netatien that the Tribe p "Tribat -:gt -' are reeegrilzd by Treaties ltlwr* andrtsh in their aeeastemedplaees, It dees ftet expand ever p i# A package formatting the business plan of PLEASANT HARBOR MARINA & RECREATION COMMUNITY was provided to Philip before he was provided a site tour with Don Coleman. The meeting was concluded shortly thereafter. A, preLcl}e fsrrffithttug tlre blcF,irlPJss plffi ef PLfu{SAAIT ru #thDen€elema* BgthA+l parties concurred with the reasenabl+intent to maintain @ to expeditiously complete the remainins work on Statesman's projec prej€€t. Garth Mann Don Coleman Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46L1 I 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stotesmongrouo.com 4= PreasRrur HnnBoR MARINA RISORT -Diane Coleman Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46L1 I 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stolesmon grouo. com 1!" Pueesarur HeRBoR MARINA RESORT - PLEASANT HARBOR MARINA & RECREATION COMMUNITY MINUTES JUNE 2IST 5:OO PM _ 6:15 PM MECtiNg. ATTENDING: Philip Morley; Don Coleman, Diane Coleman, Garth Mann LOCATION: Pleasant Harbor Marine & Recreation Community. The meeting was called by Garth Mann, to provide an opportunity for Philip Morley, Head Administrator with Jefferson County, to physically inspect the initial phase of Pleasant Harbor Marina & Recreation Communif and to understand the relevance of the property pertaining to Statesman' s proposed recreation community. Gafih stated the HISTORY of the proposed community lands, known as the Black Point Property, was an RV Park that had been utilized since the 1960's for RVs and Tents providing tourist accommodation. He said it was important to identifu that a road network, various outhouses and septic fields, a pool field house, and recreational playground areas, electrical conduits, and potable water well-heads had facilitated the site until the property was purchased by Arizona's Statesman Group in2006. To protect the environment, the RV site was closed by Statesman to prevent risk of fires. Garth said the Brinnon Comprehensive Plan existed prior to the Statesman purchase. It had been ratified during the application process that led to the January 2008 approval for a Master Planned Resort through the SEPA process called an FEIS Approval that included 30 conditions imposed by the Board of County Commissioners. Garth discussed the process with Philip, in particular the 8 years following FEIS approval. A number of consultants provided their retainer to investigate and write in-depth reports that were Peer Reviewed through the County and professionally recorded as the precedent for the County's conditions. Garth stated that he believes the County's intent by having the reports peer reviewed was to identifu strongly to the public that no compromise was made to the quality of information that was required to address the conditions for approval. The FEIS plan was also amended to accommodate the new Shoreline Master Program Garth said the DRAFT SEIS was submitted in2014, and released for public comments as a Final SEIS in 2015. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46L1 I 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENI www.stolesmonorouo.com I!: PIenslrur HIRBOR MARINA RE5ORI Following the expiry of the Public Comments stage, the Final SEIS was discussed during a public meeting at Brinnon School January 6th, 2016 where the project was introduced to the newly appointed Planning Commission. Garthstated that, unfortunately, most of the new Planning Board was unfamiliar with the property and the approved FEIS, as well as the multiple reports and peer reviews. He said since this date some members of the new Planning Board have attempted to visit the site to appreciate and understand the property and application before recording their recommendations. He also said, unfortunately, it appears that many have yet to read the consultants' reports, therefore disqualifuing their understanding in order to comment on the positive environmental-standards initiated by the applicant in building to LEED GOLD standards. After slow progress by the Planning Commission to review and recommend development regulations, Philip Morley noted that the County Commissioners had written to the Planning Commission setting a deadline to submit their recommendations no later than July llth 2016. Philip noted he has attended several Planning Commission meetings to support the Planning Commission and DCD staff in completing work on the development regulations, and that he had also reminded the Planning Commissioners to frame development regulation recorlmendations consistent with the adopted Comprehensive Plan and findings of the FSEIS. Garth noted that following the closing of the public comments time period on the SEIS, the Port Gamble S'Klallam Tribe asked for an opportunity to voice their concerns. A Government to Government meeting was scheduled for April 18th' 2016 atthe Port Townsend Courthouse. Garth noted County Commissioners were present, as was Tribal Chairman Jeromy Sullivan, Roma Call and Laura Price of Port Gamble S'Klallam Tribe. Neither Garth Mann nor the consultants were invited to participate, but were invited to attend. Garth Mann and2 consultants did attend. Garth recounted that following 90 minutes of discussion, he asked if he might address the meeting. His purpose was to have it noted on-the-record that as the developer, "the reasonable concerns of the S'Klallam Tribe would be adhered to." Garth noted a separate meeting was agreed to between Statesman and the Tribe, with one County Commissioner and staff, and was held immediately afterwards to discuss the concems of the Tribe. These concerns, as understood by Garth were: Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46tt I 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stotesmonorouo.com i!: Pueesarur HenBoR a Concern that surface water would be leaving the Black Point Site and pollute the waters of Hood Canal and consequently impact the fishing rights of the Tribe. Garth Mann said he asked if the Tribe had read the reports. He said if the reports had been read the Tribe would have appreciated that NO surface drainage or outflow would be occurring to Hood Canal from the development. He said the Tribe would be pleased that less than 12 o/o of the site area is impervious. The Tribe was concerned that Fertilizers and Pesticides used on the golf course would negatively impact the Ground Water and Hood Canal. Garth said once again the reports appeared not to have been read. He said no synthetics such as Nitrates, or Phosphates or Pesticides or Pollutants would be used to green the golf course. Instead, he said Statesman has investigated an organic root stimulant made by Dakota Peat, for this location and requirement. The Salmon Safe or equivalent protocol is to be practiced to enhance the environment. The Tribe was concemed that ancestral sacred rights might be compromised with the removal of the timber and the lining of Kettle B, in order to accommodate 13.5 million gallons of Class A Water Reservoir that would be collected as on-site storm water and treated waste water. Garth explained that if the Tribe could satisfy the Historical Registrar of Washington State, proving that both Kettle B and C had historical ancestral spiritual rights, Statesman would not compromise these rights, and the 2 Kettles and Wetlands would be omitted from the development areas. The only condition imposed by Statesman, would be that Port Gamble S'Klallam Tribe would need to be responsible for the safety, cleanliness, and biological significance for maintaining these areas, in order that the public could read and learn from signage as to the historical significance of these areas. Philip asked if Statesman would be willing to preserve the Kettles if the sites did not get registered, but if the Tribe agreed to manage the Kettles. Garth indicated he thought Statesman could agree to that. Tribal Chairman Jeromy Sullivan referenced that the Tribe had ancestral hunting rights in the area, and the potential loss of hunting rights pertaining to the Elk Herd would be compromised through increased traffic counts visiting the Community. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-7 96-46LL / 8OO-547 -347 9 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.sloles mo n o ro u o. c o m o a o it: a a PuERserur HenBoR .j...',1 At the June 2l meeting with Philip, Garth explained that the Elk Herd has never entered this peninsula area for grazing and that this area was posted as no-hunting due to public safety issues. Their migration pattern has followed the Dosewallips River and Tidelands, where the herd crosses highway 101. Garth also explained that the herd could be protected easily with the proven technology of Proximity Collars or Ear Attachments that are worn on the lead animals of the Elk Herd. When these proximity readers are worn by the Elk and they are close to the highway, a flashing sign lets drivers know to slow-down to safe limits in order to protect the Elk Herd. This format is most common in National Parks, and has been proven effective by Forest and Animal Management experts. He said fencing of the Black Point Property will not be considered by Statesman, since this is a contra-measure to environmental standards. Philip noted that the Tribe's concern for Treaty rights appeared to relate to concern for the elk herd's safety, to ensure their hunting rights on nearby Usual and Accustomed hunting lands would not be impacted. Ganh asked for information about the extent of the Tribe's Usual and Accustomed area, and Philip said he would send information. Garth asked that Tribal Chairman Sullivan and Tribal Council, plus Consultants, meet on- site and walk the area so they are familiar in real terms with the conditions in order that the Tribe had an improved understanding. A meeting was set for a tour within 2 to 3 weeks of April lSth 2016. Garth said the Tour, with Tribal Chairman Sullivan and the Tribe's Biological Group, has yet to occur 2 months later, although others from Port Gamble S'Klallam Tribe have attended for a tour. In closing the April meeting, Garth asked Tribal Chairman Sullivan and the County Commissioner and staff to follow an open and transparent process, in order that the parties might communicate and therefore, resolve any legitimate concerns. Garth recalled that Tribal Chairman Sullivan had agreed by stating that it is not the intent of Port Gamble S'Klallam Tribe to deliberately attempt to block or delay the progress of the application for Pleasant Harbor Marina and Recreation Community. Philip Morley reported, during the meeting on June 2l't,that he understood that Tribal Chairman Sullivan has been very busy with non-Tribal issues and has been unable to meet. Further, Philip stated that it is not in Statesman's or the County's interest to move forward with approvals before Statesman and the County can adequately address the Tribe's concems. The Tribe has requested a Memorandum of Understanding between Government to Government, which Philip said County Commissioner David Sullivan was attempting to further negotiate directly with Tribal Chairman Sullivan. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-46tt I 800-547 -3479 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.s toies mo n o ro up. c o m 1!: PuEnserur HanBoR The June 21't meeting continued with Philip asking if Garth felt that DCD was not working towards a resolution of outstanding issues to finalize the development regulations and development agreement. Garth responded that his team is becoming increasingly doubtful, based on past performance, as to the intent of DCD to follow normal approval protocols after so many years. The precedent of the Brinnon Comprehensive Plan and the approved FEIS with conditions, lays the parameters for approval. He said if DCD was inclined to follow an informed process and procedures, the Planning Commission would have been instructed as to their restricted parameters to guide their recommendations for the Board of County Commissioners. Instead, Garth said their draft report indicated that they were completely uninformed of the facts. Further, Garth said one would have expected that a Planning Commission is held responsible for reading the reports and studying the proposed property in order to make informed suggestions to the Board of County Commissioners. Philip reiterated that ultimately the County Commissioners would be reviewing the development regulations, and would be taking action to adopt regulations with sound legal advice and professional input from DCD, and in accordance with the law. Garth explained to Philip that the Open and Transparent Policy for preventing litigation is essential for this approval process to be fair and reasonable. Garth explained to Philip the purpose of a Recreation Community planned for Pleasant Harbor (please review attached summary). The area is in need of assistance as a part of Jefferson County. Garth said that approximately 80% of the children who attend Brinnon School are on the Assisted Lunch Program. The student population has declined over the last 10 years due to lack of employment for the Millennial Generation. Garth further identified the need for employment and amenities for both Sports and Health & Wellness Tourism in south Jefferson County. He said this clean industry will help to remove the stigma of a socialllt regressive socieq). He added unfortunately, to the embarrassment to Jefferson County and its Law Department, this characterization of society has been featured on television's Discovery Channel. Garth explained to Philip Morley that a Public-Private-Partnership is intended to develop a Recreation Center for the benefit of creating employment and improving the quality of life in south Jefferson County. Garth described a proposal to deed certain sports facilities to Washington State if the State would participate with tax exempt bonds. Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 3 6 o - 7 e 6-46 1 t !rll9;Zil"*' A STATESMAN GROUP OF COMPANIE VELOPMENT il= PuEnSnNr HnRBOR MARINA RESORT - A package formatting the business plan of PLEASANT HARBOR MARINA & RECREATION COMMUNITY was provided to Philip before he was provided a site tour with Don Coleman. The meeting was concluded shortly thereafter. Both parties concurred with the intent to maintain open lines of communication to expeditiously complete the remaining work on Statesman's project. Garth Mann Don Coleman Diane Coleman Pleasant Harbor Marina 308913 US Hwy l0l Brinnon, WA 98320 360-796-461L I 800-547 -347 9 FAX 866-848-4612 A STATESMAN GROUP OF COMPANIES DEVELOPMENT www.stotesmonorouo.com