HomeMy WebLinkAboutM042406
District No. 1 Commissioner: Phil Johnson
District No.2 Commissioner: David W. Sullivan
District No.3 Commissioner: Patrick M. Rodgers
County Administrator: John F. Fischbach
Clerk of the Board: Lorna Delaney
MINUTES
Week of April 24, 2006
Chairman Phil Johnson called the meeting to order in the presence of Commissioner David
W. Sullivan and Commissioner Patrick M. Rodgers.
Setting 2006 Comprehensive Plan Amendment Docket: Josh Peters, Lead Senior Planner,
reported that the Department of Community Development received 5 site specific Comprehensive Plan
amendment applications that are automatically placed on the docket. There are also 2 suggested
amendments, one by a Planning Commission member and the other by DCD. The Planning Commission
and staff recommend that these suggested amendments also be docketed. If the Board agrees with the
recommendation, there is no need for a public hearing. Ifthe Board disagrees, or wants to revise the
suggested amendments, they will need to hold a public hearing and then make a decision on the final 2006
Comprehensive Plan Amendment Docket.
The suggested amendment by the Planning Commission member concerns the land use map. Currently
there is one map that combines land use designations and zoning. The proposed amendment would create
two distinct maps. The map in the Comprehensive Plan would show general land use designations. A
second map in the UDC would contain more specific zoning classifications and associated development
densities. The amendment suggested by staff is proposed language to create more clarity and direction for
residential up zone criteria in the Comprehensive Plan. Language would also be added to introduce the
concept of a Transfer of Development Rights (TDR) program. TDRs are mentioned in the Comprehensive
Plan as a "tool" in the "conservation box" and this proposal would add language to other parts of the plan
and make a connection with existing policies.
There was a discussion about other jurisdictions that haveTDR programs in place, especially counties in
Washington State. Josh Peters noted that the proposed amendment does not create a program, but
introduces language into the Comprehensive Plan that would help support the adoption of a program in the
future. He noted that several local agencies, including the Conservation District and the Land Trust, have
begun discussing conservation alternatives for the future and the State Department ofFish and Wildlife is
developing a mapping system for core habitat areas and habitat corridors on the North Olympic Peninsula.
Commissioner Sullivan reported that the State Department of Community and Economic Development has
mentioned developing model rules regarding conservation using GMA protocols. These rules could then be
used on a local level. He suggested that it may be better to wait and do more TDR research in cooperation
with the State or to lobby with the Washington State Association of Counties to have CTED develop these
types of protocols.
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Commissioners Meeting Minutes: Week of April 24, 2006
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Commissioner Rodgers stated that he has concerns about TDRs. He likes the current public process to set
the appropriate zoning and land use in an area. Josh Peters replied that the goal is to maintain a variety of
rural residential densities. Each year they receive applications from property owners for upzones. He said
that the option of going through the Comprehensive Plan amendment cycle would still be available to these
people. The TDR process would be an additional option. Commissioner Rodgers and Commissioner
Sullivan agreed that it might be too soon to take on the TDR issue.
Jim Hagan, Planning Commission member, stated that the TDR issue is a very small component ofthe
suggested amendment. The amendment is meant to clarify existing language relating to changes in rural
residential densities.
Commissioner Sullivan noted that the Planning Commission has a busy workplan for this year. Al Scalf
explained that the workplan is not static and it can change depending on the need. The Planning
Commission's two priority projects this year are the Port Hadlock UGA Sewer Plan and the Shoreline
Master Plan update. Commissioner Sullivan said that he would be inclined to wait on adding both the
suggested amendments to the docket. Dennis Shultz, the Planning Commission member who suggested the
land use map revision offered the reasons for the proposed amendment. Commissioner Sullivan noted that
he has received comments from citizens that changing the land use map could be controversial.
Commissioner Rodgers moved to take the two suggested amendments on the preliminary 2006
Comprehensive Plan Amendment docket to public hearing. Commissioner Sullivan seconded the motion
which carried by a unanimous vote. Josh Peters noted that the hearing will be to take comments from the
public on whether these two amendments will be included in the final docket.
COUNTY ADMINISTRATOR'S BRIEFING: John Fischbach reviewed the following
items:
· Highlights of the work regarding economic development that was done last week by Diversified
Resources.
· The public open house on the Port Hadlock UGA Sewer project has been postponed in order to
schedule a workshop with the consultant regarding financial matters. The combined discharge and
treatment alternatives workshop is scheduled for May 25. The public involvement workplan has
been finalized.
· The Hearing Examiner extended the comment period on the Port Ludlow buildout and marina
expansion project to allow for continued mediation between the parties.
PUBLIC COMMENT PERIOD: No public comments were made.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers
moved to approve all of the items on the Consent Agenda as presented. Commissioner Sullivan seconded
the motion which carried by a unanimous vote.
1. RESOLUTION NO. 20-06 re: Release of Lien for Parcel No. 948 321 002; Jefferson County
Hospital District No.2 (Jefferson Health Care)
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Commissioners Meeting Minutes: Week of April 24, 2006
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2. HEARING NOTICE re: Proposed Ordinance Establishing Open Burning Regulations; Hearing
Scheduled for Monday, May 8, 2006 at 10: 15 a.m. in the Commissioners Chambers (Hearing Cancelled -
Rescheduled for June 5, 2006)
3. AGREEMENT NO. G0600023, Amendment NO.1 re: Stream Flow Gaging; Jefferson County
Public Health/Environmental Health Division; Washington State Department of Ecology
4. AGREEMENT re: Childbirth Education Classes; Jefferson County Public Health; Amber Parker
5. AGREEMENT NO. FY07-9000l-001 re: Courthouse Clock Tower Earmarked Appropriation
Grant, Project No. 3035941547; Jefferson County Public Works; Washington State Department of
Archeology and Historic Preservation
6. AGREEMENT NO. FY07-90001-002 re: Courthouse Clock Tower Rehabilitation Grant, Project
No. 3035941547; Jefferson County Public Works; Washington State Department of Archeology and
Historic Preservation
7. AGREEMENT re: Materials Testing Services for Phase I of Paradise Bay Road Improvement Project
No. CR1148; Jefferson County Public Works; Krazan & Associates, Inc.
8. AGREEMENT re: Consulting and Design Services for H.J. Carroll Park Site Plan Update;
Jefferson County Public Works; Worthy and Associates
9. AGREEMENT re: Drainage Improvements at Foster Lane, Port Ludlow; Jefferson County Public
Works; Port Ludlow Drainage District
10. BID AWARD re: Pavement Markings on Various County Roadways, Project No. 180 542 1706;
Jefferson County Public Works; Apply-A-Line, Inc.
11. Letter of Support of a Permanent Restoration and Noxious Weed Control Crew from Olympic
Corrections Center; Olympic Corrections Center, Clallam and Jefferson County Noxious Weed
Control Coordinator
12. Letter of Support to Maintain the Response Standards Proposed in the Second Draft of the
Contingency Plan Rule Process; Washington State Department of Ecology
Betsy Daniels, Triangle and Associates re: Visioning Process of the Hood Canal
Coordinating Council (HCCC) Governance Study: The Hood Canal Coordinating Council has retained
Triangle and Associates to work on the visioning process of a Regional Governance Assessment funded
through the State Legislature last session in response to the low dissolved oxygen issue in Hood Canal.
They want to review the current structure of information sharing and coordination to see if it is working or
if they need to research other models for responding to similar issues that may come up in the future.
The Hood Canal Coordinating Council is a non-profit organization. The County Commissioners from
Jefferson, Kitsap, and Mason County are board members. There are also 3 members from the Skokomish
Tribe and 3 members from the Port Gamble S , Klallam Tribe on the board. The Commissioners were
asked to give their opinions and comment on several topics that will aid the visioning process and the
goals ofthe assessment.
BID OPENING re: Bituminous Surface on Various County Roadways: Monte Reinders,
County Engineer, opened the bid received for rock used for the Public Works chip seal program. The total
bid from Fred Hill Materials was $125,353.76. He noted that ifthe cost is $13 per ton ifthe Public Works
Department picks the material up at the FHM plant.
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Commissioners Meeting Minutes: Week of April 24, 2006
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The Public Works Department will review the bid and make a recommendation for bid award that is in the
best interest of the County.
Paradise Bay Road Closure: Transportation Manager Bruce Laurie explained that the
Paradise Bay Road construction project has begun. The contractor has asked to temporarily close a short
section of the Paradise Bay Road between Oak Bay and Breaker Lane because there are some large trees
located near the power lines that have to be removed and that will require the use of a crane. Port Ludlow
Associates, the property owners of Breaker Lane, have agreed to let the County use the road as a detour.
The RCW allows the Board to take action to close a road without notice ifit is for less than 12 hours.
Commissioner Rodgers moved to close a section of Paradise Bay Road for a short time on April 25 to
remove the trees. Commissioner Sullivan seconded the motion which carried by a unanimous vote.
HEARING re: Proposed Ordinance Establishing a "No Shoot Zone" in the Paradise
Bay Area: The Chair opened the public testimony portion of the hearing.
Patrick Bowen. Paradise Bay, stated that he is a Water District Commissioner for Jefferson County Water
District #1. The Water District Commissioners initiated this petition for a "no shooting zone" because
they found bullets inside their wooden water storage tank. Abandoned cars near their tanks off Andy
Cooper Road and at Teal Lake are targets for irresponsible gun users. Under the Homeland Security Act,
the Water District is required to protect their facilities and water systems.
Bob Krutenaut, stated that he is a former PUD Commissioner and a resident of northwest Shine. It is a
felony to destroy utility property and it is a misdemeanor to shoot in a "no shooting zone." He s.ees this as
an enforcement problem. He suggested that the Sheriff augment his force with deputized volunteers to
patrol the area and take down license numbers. A "no parking/tow away" zone in front of the gates
leading to the area would also help. He has no objection ifthe people in Paradise Bay want to have a "no
shooting zone," but he doesn't think the boundaries need to extend into Shine.
Joe Shriner, said that he is a retired Deputy Sheriff and Deputy Coroner from California. He is in favor of
the proposed "no shooting zone." The noise is a nuisance that must be disclosed. It decreases property
values. Nobody can control where a bullet goes because it can ricochet off any surface. People go onto
the DNR and Pope land to shoot at the abandoned cars, there is lead and copper from the bullets leaching
into the water supply, and cleanup ofthe area would be very expensive. He is hesitant to call the Sheriffs
Office because Deputies might be going into a situation where they would be outgunned. He has
approached people in the area shooting fully-automatic Uzis which is a federal firearms violation and a
felony. A law needs to be enacted that the Sheriff can enforce or more of an effort needs to be made to
keep people out of the area because right now it is an attractive nuisance. He called DNR and they said
they would do something about the shooting. It quieted down for awhile, but has started up again. A
person's Second Amendment rights aren't being violated because they can still own firearms, they just
can't discharge them in the "no shooting zone." A "no shooting zone" shouldn't affect licensed hunters or
someone protecting their family or animals from a rabid animal. He doesn't want people target practicing,
automatic weapons going off, or a massive cleanup in the future.
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Commissioners Meeting Minutes: Week of April 24, 2006
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Dan Hosfeldt, Paradise Bay, stated that, in his opinion, the projected boundaries ofthe "no shooting zone"
are ludicrous. He and approximately 200 other people live in an area included within the boundaries that
is no where near the abandoned cars. One boundary goes out into Hood Canal for ~ mile. The people that
are target shooting are from out of the area and they are law breakers. A posted "no shooting zone" isn't
going to stop them or their irresponsible use of firearms. Discharging full-automatic weapons is a federal
crime, why isn't that law enforced? Why impose restrictions on law-abiding citizens who are responsible
gun owners and range owners who have been shooting in the area for many years? The Second
Amendment gives people the right to have firearms, but they also have to know how to use them
responsibly. He read a petition signed by 32 people who are against the "no shooting zone," and noted
that he collected the signatures in one afternoon. (See permanent record.)
Eric Nelson, Port Townsend, stated that the proposed "no shooting zone" in Paradise Bay is part of a
bigger issue because Sheriff Brasfield wants a "no shooting zone" designated in the Tri Area. Some
people want the "no shooting zone" because they dislike the noise and fear for the public safety. Their
fears arise from unknown men who recklessly fire their guns on backroads. The utilities district wants the
zone because equipment has been shot up through the illegal use of firearms. Other residents don't want
the "no shooting zone." Residents, like Dan Hosfeldt, have a right to responsibly discharge firearms on
their land. Dan owns 18 acres and all his neighbors have parcels of at least 5 acres. Dan and his neighbors
have not been wrecking havoc in their own backyard. Criminals are the culprits and they need to be
brought to justice with the current laws on the books. The proposed "no shooting zone" will make
criminals out of responsible neighbors. Crime is sweeping the County and there is a movement to form
neighborhood watch groups. We need to join hands in community to guard our lands.
Ken Hanson, Shine, stated that his property adjoins Pope and DNR land. The logging roads are regularly
used by people shooting automatic weapons. There is a lot of noise, a lot of guns, and a lot of shooting,
especially on the weekends. He is a runner and uses those roads. He has come across groups of guys
drinking beer and shooting down the road toward his home. Sometimes they take a 6 inch fir tree and
shoot at it until it falls over. He isn't against shooting, but he is against people shooting towards his
house. There is a gravel pit in the area that he has cleaned up twice. Andy Cooper Road only has one car
on it now that is used as a target, but on the east side of Teal Lake, there are 3 or 4 cars that people shoot
into. It's a real problem and it is only a matter oftime until someone gets hurt. It's an issue that needs to
be addressed.
Richard Broders, Discovery Bay, stated that "no shooting zones" are an issue for the whole County. The
proposed boundaries of the Paradise Bay "no shooting zone" include highly developed areas that possibly
should be designated. A lot of the property within the boundaries is owned by Pope and is forest. There
are certain State laws on the issue. RCW 9.41.290 states, "The State of Washington fully occupies and
preempts the entire field of firearms regulation within the boundaries of the State including the
registration, licensing, possession, purchasing, sale, acquisition, transfer, discharge, etc...." It also says
there are exceptions where the County can pass laws regarding those matters and one is RCW 9.41.300.
The exception that is relevant to this issue is (2) where it says, "Cities, towns, counties and other
municipalities may enact laws and ordinances (a) restricting the discharge of firearms in any portion of
their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals or
property will be jeopardized. Such laws and ordinances shall not abridge the right of individuals
guaranteed by Article 1, Section 24 of the State Constitution to bear arms in defense of self and others."
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Commissioners Meeting Minutes: Week of April 24, 2006
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He feels that the key phrase in this RCW is "a reasonable likelihood." "Likelihood" means probability.
The best definition for "reasonable" is "not unexpected," "logical," or "that which most would agree to."
The definition for "a reasonable likelihood" was "not considered to be a rare event." The State Legislature
allows counties to enact "no shooting zones" where there is a reasonable likelihood of endangering
humans, domestic animals, or property. It sounds like the people who are shooting are trespassing and
committing vandalism and reckless endangerment. He doesn't think they are going to be stopped by a "no
shooting zone" sign and a $100 fine. The County needs to apply the State law to any "no shooting zone"
they designate.
Pat Bowen, stated that the Sheriffs Office was involved when he filed the "no shooting zone" petition
with the County because, in order for the Sheriff to enforce the law, the boundaries have to be physical and
clearly defined. That is the reason one boundary is Hood Canal. The Water District Commissioners aren't
against responsible shooters, they want to stop the irresponsible shooters. He doesn't have a problem with
gun ranges. It is a person's right to protect their family and animals. The proposed boundaries can be
changed.
Dan Hosfeldt, suggested that the defined boundaries could be the PUD boundary, gated areas where the
public is not allowed, and private property that the Sheriff can access in order to stop the illegal shooting.
He doesn't think that the "no shooting zone" should blanket an area from the water out to the highway.
Eric Nelson, stated that designating the proposed boundaries will make "fall guys" out of responsible
neighbors. Dan Hosfeldt on his 18 acres and his neighbors on their 5 acre parcels are not contributing to
the damage of public or private property. A law that affects them will have no impact on the criminal
behavior that people are already experiencing.
Wanda Anderson, stated that the Board may want a ''woman's perspective" on this matter. She lives on
Bywater Way. Responsible gun laws already exist. She is on the "Beautification Committee" for her
community because she wants it to look nice. She doesn't like to see abandoned cars around, but she
doesn't think it is the responsibility of a gun owner to clean that up. She saw a man dumping trash bags
from his pick-up truck on the side of the road, and so she stopped and sat in her car so he could see her and
she wrote down his license number. Eventually, he drove off. It's like the "community watch" that
someone mentioned. Maybe people could get the license numbers from shooters' cars. She feels it would
be an injustice to take the rights of people in the community who are obeying the laws.
Tom Thiersch, Jolie Way, stated that he doesn't live in the proposed "no shooting zone." He is concerned
about establishing unnecessary ordinances if the Sheriff isn't enforcing the current laws. These people
could be cited for damaging public property, endangering citizens by shooting in their direction,
discharging a firearm within 500 feet of residence or within 100 feet of a property line, or somewhere
other than a shooting range. Why enact another law that is a misdemeanor?
Ken Hanson, stated that the law is not clear to him and he doesn't really want to spy on someone to see
what they are doing and get their license number. All he hears from his house is the noise. It's not easy to
come up with hard facts that the Sheriff can use to arrest someone. There are locked gates that A TV s and
motorcycles go around. Establishing a boundary will put people on notice. He thinks the signs will help.
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Commissioners Meeting Minutes: Week of April 24, 2006
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Tom Thiersch, stated that Jefferson County CodeI8.20.350 addresses the use of property for the purpose
of shooting ranges. A private shooting range must be 5 acres, 500 feet from a dwelling, and completely
fenced. He noted that it doesn't actually define a shooting range in that section.
Joe Shriner, stated that a while back a tow truck driver was killed by his irate son-in-law. Fortunately, a
Deputy was nearby and effected the arrest. If that Deputy would have been out trying to enforce a County
ordinance that doesn't exist, the guy would have probably killed his ex-wife also. If a Deputy is sent out,
he needs to have a legal reason to enforce whatever it is that he is going to do. If people are using
safeguards, the Deputy is going to know and has the right to discretion decision making. The "no shooting
zone" would address irresponsible shooters coming into the County who are creating nuisances, causing
property values to decrease, and adding to liability and negligence concerns for landowners. The Second
Amendment gives a person certain rights, but there is also police power that exists in this country and that
includes the ability to enact fair laws.
Bruce Anderson, Bywater Way, stated that everyone talks about noise, but A TV s tear up the woods worse
than any target shooter. He has built and shot flintlock muskets for most of his life and he enjoys it. One
ofthe reasons they moved to Jefferson County was to have room to do those things. Physicians and cars
kill more people than stray bullets.
Dale Glidewell, Bywater Way, stated that he rides horses on the logging roads. Pope has a sign on their
property prohibiting motorized vehicles but people still take their bikes and A TV s back into the property
on the weekends. The sign doesn't stop them. He doesn't want to see a "no trespassing" sign in the area
because he won't be able to ride his horses there.
Pat Todd, Shine, stated that she is in support ofthe "no shooting zone." It sounds like the issue of people
using guns on their own property has already been addressed and it is legal to have a shooting range on
your property as long as the guidelines are followed. Compromise is necessary so that responsible gun
owners can continue to use their firearms. The people from out of the area are the problem. She has heard
stories about residents of Bywater Bay with property adjacent to the area where these people shoot who
have had stray bullets go through their yard. After they bought their property, they found out from
neighbors that occasionally bullets would come through the property. Bullets can ricochet and those
shooters don't know that there are houses on the other side ofthe trees. It sounds like both sides need to
compromise. The issue of target shooting, stray bullets, and illegal weapons needs to be addressed without
jeopardizing the rights of gun owners shooting on their own property on their own ranges. There is a "
public shooting range in Jefferson County. She thinks some people would be stopped by a "no shooting
zone" sign.
Bob Krutenaut, stated that responsible shooters always know where their bullets are going, irresponsible
shooters don't care. If the irresponsible shooters cars were towed away and they had to walk a long way,
they would probably get the idea that this is not a good place to shoot.
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Commissioners Meeting Minutes: Week of April 24, 2006
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Dan Hosfeldt, stated that the commission of a felony is a legitimate reason to send a Sheriff s Officer to an
area. The individuals creating the problem are not law-abiding citizens. They aren't responsible shooters
and they aren't responsible stewards ofthe land. A sign is not going to stop them, in fact, it will probably
be used as a target. The focus needs to be on the enforcement of laws currently on the books and signage
on PUD properties. He doesn't think a blanket enforcement of a "no shooting zone" will do any good
except impinge on the rights and freedoms of legitimate gun ownership and use in the County.
Wanda Anderson, stated that when she lived in Denver a bullet ricocheted and came through her window.
They want to form a "neighborhood watch" that could get license numbers and call the Sheriff. They
don't support the "no shooting zone," but understand the problem.
Ken Hanson, noted that the shooters cars are parked far away from where they target practice.
Tom Thiersch, stated that he lives 3,500 feet from Gun Club Road. There is gunfire every day, and
especially on the weekends. It is a legal shooting range and has 8 foot berms and there has never been a
problem with a stray bullet. People who use the gun range exercise their right responsibly.
Pat Bowen, stated that the property south of Teal Lake is owned by the State. This is where the people are
shooting. The State won't do anything to stop the shooters. They also shoot on Pope property.
Commissioner Rodgers asked where the water storage tank is located? Pat Bowen replied that it is on the
State property off Andy Cooper Road. The PUD also has storage tanks in the area.
Karen Hosfeldt, Paradise Bay Road, stated that there has been a shooting range on their property for about
10 years. They have 3 children and their son-in-law is a Deputy Sheriff for Jefferson County who has shot
on the range many times. She feels that, as responsible gun owners, they have encouraged many young
people to become responsible gun owners because they have been able to shoot on their range. It is a
controlled environment with all the safety equipment and it is very structured. Once a neighbor
complained and the Sheriff came out and said there was no problem. They were not concerned because
they knew it was an approved shooting range. They even asked if they could come out some time and
shoot. If a "no shooting zone" is done in a generalized way, it will be detrimental to young people who
still use the shooting range. They don't use the range for hours and hours so that it bothers the neighbors.
On 4th of July, there is more noise from fireworks at Hoods Head than from the shooting range.
Commissioner Rodgers asked the Director of Community Development if people hunt in that area? Al
Scalf replied that they hunt deer.
Hearing no further comments, Chairman Johnson closed the public hearing.
The Board agreed that they want more information before they make a decision. Al Scalf introduced
Rachel McHugh, Assistant Planner, and noted that one of her first projects is working on the "no shooting
zone" criteria with the Planning Commission. The project is expected to take a few months.
Commissioner Sullivan asked that the minutes from this hearing be forwarded to DCD and the Sheriff. He
noted concerns about automatic weapons versus musket loaders and having a shooting range within a "no
shooting zone." The Board said that they will continue their deliberations on the Paradise Bay "no
Page 8
Commissioners Meeting Minutes: Week of April 24, 2006
shooting zone." Chairman Johnson noted that if the Sheriff gets a complaint about gun noise, how will he
know it isn't a hunter or a private gun range? Al Scalf reviewed Jefferson County's current shooting range
regulations.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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~lie Matthes, CMC
Deputy Clerk of the Board
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Patrick M. Rodgers, Member
Page 9
STATE OF WASHINGTON
County of Jefferson
In the Matter of the Establishment of a }
"No Shooting" Zone In Paradise Bay to Be }
Known As the Paradise BayNo Shooting Zone}
ORDINANCE NO.
WHEREAS, on July 27, 1995 Ordinance No. 03-0227-95 was adopted by Jefferson
County which allows residents of specific, defined areas in the County to petition the Board of
Commissioners to establish a "No Shooting" zone, and;
WHEREAS, a petition was received from residents of the Paradise Bay area located
in voting Precincts 502 and 503 which were found to be sufficient, upon review by the County
Auditor, for the purposes of establishing a "No Shooting" zone by this ordinance, and;
WHEREAS, the Board held the required, and duly advertised, public hearing on
April 24, 2006 for the establishment of the area identified below as a "No Shooting" zone; and,
WHEREAS, after reviewing the testimony, written and oral, presented at the public
hearing, we make the following findings:
1. The discharge of firearms near developed residential areas in unincorporated
Jefferson County presents a safety hazard to residents of the area.
2. The area identified as a "No Shooting" zone is well defined and the boundaries
have been identified with the help of the Jefferson County Sheriffs Office.
NOW, THEREFORE, BE IT ORDAINED, that the area described below is hereby
established as a "No Shooting" zone as provided in Ordinance No. 03-0227-95.
BOUNDARY DESCRIPTION:
All of the land lying within the following bounds:
Beginning at the intersection of Hood Canal Bridge with the Jefferson
County limits; thence Westerly along State Route 104 to the intersection of
said State Route 104 with Teal Lake Road; thence Northerly along Teal
Lake Road to the intersection of Teal Lake Road with the Southerly line of
Tract F of Teal Lake Village (per Plats Volume 6 Pages 158-169 and
amended by Volume 6 Pages 186-197 records of Jefferson County); thence
Page 1
Ordinance No.
re: Paradise Bay No Shootin2 Zone
Northerly and Easterly along the Easterly and Southerly boundary of said
plat of Teal Lake Village to the intersection of said plat boundary with
Paradise Bay Road; thence Easterly along Paradise Bay Road to the
intersection of said Paradise Bay Road with Tala Shores Drive; thence East
to Hood Canal and the Easterly limits of Jefferson County; thence
Southerly along the Easterly limits of Jefferson County to the point of
beginning.
All lying in Jefferson County, State of Washington.
(See Attachment 1 - Map)
APPROVED and effective this
SEAL:
ATTEST:
Julie Matthes, CMC
Clerk of the Board
Approved as to fonn only:
y J3)0 Ie
ffice
day of April, 2006
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Phil Johnson, Chairman
David Sullivan, Member
Patrick M. Rodgers, Member
Page 2
Propo5ed No-Shooting Zone
Jeffer50n County, WA
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Proposed No 5hootl~'3
Zone Boundary
Donna M. Eldridge
JEFFERSON COUNTY AUDITOR
1820 JEFFERSON ST.
P.O. BOX 563, PORT TOWNSEND, WA 98368
E-MAIL: deldridge@co.jefferson.wa.us
(360) 38.5~9.1'1$~~
Re-Certifying Petition dated March 7, 2006 establishing a "No
Shooting Zone" in a portion of precinct 502 and a portion of
precinct 503.
COUNTY OF JEFFERSON)
)ss
STATE OF WASHINGTON) .
Per Jefferson County Sheriff, Boundary Unes needed to be re-
adjusted so this prOposed area did not overlap an eXisting "No
Shootina Zone"
CERTIFICATE OF SUFFlOENCY
Re-Certifying Petition with new boundary line
ESTABUSHING A "NO SHOOTING lONE"
For
Portion of Voting Precinct 502
And
Portion of Voting Precinct 503
I HEREBY CERTIFY that this office has checked the attached Petition
establishing a "No Shooting Zone" for the defined area on the attached map which
re-establishes new boundary lines for this proposed area.
Said Petition contained a total of 33 signatures. There are 14 valid signatures
from the newly proposed area of Precinct 502 and 16 valid signatures from the newly
proposed area of Precinct 503 with a total of 30 valid signatures and 2 invalid
signatures from citizens within the newly proposed boundary line for the "No Shooting
Zone" and 1 invalid signature from a citizen residing in an area already established as
a "No Shooting Zone".
Pursuant to County Ordinance No. 03-0227-95, Section 3-A, this petition
meets the requirement of having 10 valid signatures from registered voters in the
pr~p9.~j~~~~ c;tnd is now certified as being SUFFICIENT.
. .
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Dated this' 11th Day of March 2006.
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Ka n Cartmel
Chief Deputy Auditor
Accounting Elections
385-9121 385-9117
H:!I'arr:nc!CEPTIfiU,TE Of SUffiOEhtC.'
~{.;<. ~:.&~:.t;'y
;~i~.. ~
rr\'):~.~ "u_~iJ:l.Z:~1L...__.
Licensing
385-9115
R~cording
385-9116
FAX
385-9228
i ~
PETITION TO ESTABLISH A NO SHOOTING ZONE
The undersigned do hereby petition the Jefferson County Commissioners to establish a no
shooting zone as follows:
For that portion of Precinct 502 and 503, Jefferson County, bounded on
the south by State Highway 104, on the west by Teal Lake Road, and the North
and East by Paradise Bay Road as well as the area between Paradise Bay Road
and Paradise Bay.
I, the undersigned, am a registered voter residing within,the boundaries of the proposed
no shooting zone.
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PETITION TO ESTABLISH A NO SHOOTING ZONE
The undersigned do hereby petition the Jefferson County Commissioners to establish a no
shooting zone as follows:
For that portion of Precinct 502 and 503, Jefferson County, bounded on
the south by State Highway 104, on the west by Teal Lake Road, and the North
and East by Paradise Bay Road as well as the area between paradise Bay Road
and Paradise Bay.
I, the undersigned, am a registered voter residing within the boundaries of the proposed
no shooting zone.
.-
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Public Utility District #1 r:l-:;~::~"~r:J.~:::~r.,
...t:, 1"1., ,,-'\).', ',~'\_'l.-','<Il I
Of Jefferson County BOARD OF COMrA!SS!Q~'~ERS
Board of Commissioners
1 March 2006
Board of County Commissioners
Jefferson County
Port Townsend Washington 98368
Gentleman:
The purpose of this letter is to support the non-shooting zone proposed by Water District
#1. The PUD's Bywater Bay water system has appurtenances throughout the Teal Lake area,
see enclosure. Over the years we have witnessed repeated vandalism, of which fire arms were a
major component. It seems anything above ground is fair play. Our blow-off assemblies are
particularly easy targets. As a result we have removed most of them. Additionally, our pump
house has been broken into several times. Access was gain through use of gun fire. On one
occasion the bullets just missed a very expensive water treatment unit. Police reports were
submitted.
In the past we have worked with DNR to place sturdy gates to limit access to the area.
Additionally, we have dug ditches to further restrict automotive use of the area. lbis has helped,
but not eliminated. the threat of fire arms.
Beyond caring for our equipment, we are concerned for our worker's safety. They have
to traverse the area once or twice a week to perform routine maintenance at several remote sites.
Given the random use of fire arms in the area, we have been lucky nobody has been injured.
Thank you for your consideration on this matter.
Enclosure
as
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M. Kelly Hays 7
President
Board of Commissioners
230 Chimacum Road I P.O. Box 929, Port Hadlock, WA 98339
PH (360) 385~5800 ,FX (360) 385-5945
2
SEE PAGE 8
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50methlng hke this:
All of the land lYing within the following bounds:
Begmmng at the mtersectlon of Hood Canal Bridge WIth the Jefferson County
Limits; thence Westerly along 5tate Route I 04 to the intersection of said 5tate
Route' 04 WIth Teal Lake Road; thence Northerly along Teal Lake Road to the
intersection of Teal Lake Road WIth the 50utherly line of Tract F of Teal Lake
Village (per Plats Volume G Pages' 58-' Gg and amended by Volume G Pages
18G-1 g7 records of Jefferson County); thence Northerly and Easterly along the
Easterly and 50utherly boundary of said plat of Teal Lake Village to the
Intersectton of said plat boundary With Paradise Bay.Road; thence Easterly along
Paradise Bay Road to the intersection of said Paradise Bay Road WIth Tala
5hores Dnve; thence East to Hood Canal and the Easterly Limits of Jefferson
County; thence 50utherly along the Easterly Limits of Jefferson County to the
pOint of Beginning. All lYing and being In Jefferson County, Washington.
Message
Page 1 of 1
. "
Leslie Locke
From: Mike Brasfield
Sent: Thursday, March 16,200612:43 PM
To: Leslie Locke
Subject: No Shooting Zone - Paradise Bay Area
Leslie -
I spoke with the applicant after his previous submittal. His latest one takes my concerns into account and the
Sheriffs Office is satisfied with the revised boundaries.
Mike
Michael D. Brasfield
Jefferson County Sheriff
360-385-3831
3/16/2006
"
; PublIsh:
Bill:
cc: Sher~\\-' 41'0ID~
One (1) Time, April 12, 2006
Jefferson County Commissioners
P.O. Box 1220
Port Townsend, W A 98368
NOTICE OF PUBLIC HEARING
CREATION OF A "NO SHOOTING" AREA
IN THE VICINITY OF PARADISE BAY
NOTICE IS HEREBY GIVEN that the Jefferson County Commissioners have received and the Auditor has
found sufficient, a petition for the establishment of a "No Shooting" area known as Paradise Bay described as
follows:
The No-shooting Area is encompassed by the following description:
Beginning at the intersection of Hood Canal Bridge with the Jefferson County limits; thence Westerly along
State Route 104 to the intersection of said State Route 104 with Teal Lake Road; thence Northerly along Teal
Lake Road to the intersection of Teal Lake Road with the Southerly line of Tract F of Teal Lake Village (per
Plats Volume 6 Pages 158-169 and amended by Volume 6 Pages 186-197 rec'ords of Jefferson County); thence
Northerly and Easterly along the Easterly and Southerly boundary of said plat of Teal Lake Village to the
intersection of said plat boundary with Paradise Bay Road; thence Easterly along Paradise Bay Road to the
intersection of said Paradise Bay Road with Tala Shores Drive; thence East to Hood Canal and the Easterly
limits of Jefferson County; thence Southerly along the Easterly limits of Jefferson County to the point of
beginning.
All lying in Jefferson County, State of Washington.
(See Attachment 1 - Map)
They will conduct a public hearing on this petition the 24th day of April, 2006 at the hour of 11:00 a.m., in the
Commissioners Chambers at the Jefferson County Courthouse, for the purpose oftaking testimony from all
interested persons. Any person may submit written comments to P.O. Box 1220, Port Townsend, W A 98368.
OrallWritten comments will be taken at this public hearing with respect to this proposed "No Shooting" area.
Call 360-385-9100 for more information on boundaries.
..
Proposed No-5hootlng Zone
Jefferson County, WA
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Map Date: March 3/ . 200b
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Legend
"'= Proposed No 5hootlng
Zone Boundary
Donna M. Eldridge
JEFFERSON COUNTY AUDITOR
J
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1820 JEFFERSON ST.
P.O. BOX 563, POlITTOWNSEND, WA 98368
E-MAIL: deldridge@co.jefferson.wa.us
(360) 38j~.l!fl~' - -
Re-Certifying Petition dated March 7, 2006 establishing a "No
Shooting Zone" in a portion of precinct 502 and a portion of
precinct 503.
COUNTY OF JEFFERSON)
)55
STATE OF WASHINGTON)
Per Jefferson County Sheriff, Boundary Unes needed to be re-
adjusted so this proposed area did not overlap an existing "No
Shootina Zone"
CERTIFICATE OF SUFFlCENCY
Re-Certifying Petition with new boundary line
ESTABUSHING A "NO SHOOTING ZONE"
For
Portion of Voting Precinct 502 .
And
Portion of Voting Precinct 503
I HEREBY CERTIFY that this office has checked the attached Petition
establishing a "No Shooting Zone" for the defined area on the attached map which
re-establishes new boundary lines for this proposed area.
Said Petition contained a total of 33 signatures. There are 14 valid signatures
from the newly proposed area of Precinct 502 and 16 valid signatures from the newly
proposed area of Precinct 503 with a total of 30 valid signatures and 2 invalid
signatures from citizens within the newly proposed boundary line for the "No Shooting
Zone" and 1 invalid signature from a citizen residing in an area already established as
a "No Shooting Zone".
Pursuant to County Ordinance No. 03-0227-95, Section 3-A, this petition
meets the requirement of having 10 valid signatures from registered voters in the
proP9setf;a~a and is now certified as being SUFFlCIENT~
..... ........~.:..~' "',
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: Dated thls'l)th Day of March 2006.
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Ka n Carbnel
Chief Deputy Auditor
Accounting Elections
385-9121 385-9117
H:/h"rr:n,JCEPTIFiU.TE OF SUFFjCiEhiC{
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Licensing
385-9115
R~cording
385-9116
FAX
385-9228
~
PETITION TO ESTABLISH A NO SHOOTING WNE
The undersigned do hereby petition the Jefferson County Commissioners to establish a no
shooting zone as follows:
For that portion of Precinct 502 and 503, Jefferson County,. bounded on
the south by State Highway 104, on the west by Teal Lake Road, and the North
and East by Paradise Bay Road as well as the area between Paradise Bay Road
and Paradise Bay.
I, the undersigned, am a registered voter residing within.the boundaries of the proposed
no shooting zone.
--
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PETITION TO ESTABLISH A NO SHOOTING ZONE
The undersigned do hereby petition the Jefferson COlmty Counnis.c;ioners to establish a no
shooting zone as follows:
For that portion of Precinct 502 and 503, Jefferson County, bounded on
the south by State Highway 104, on the west by Teal Lake Road, and the North
and East by Paradise Bay Road as well as the area between Paradise Bay Road
and Paradise Bay.
I, the undersigned, am a registered voter residing within the boundaries of the proposed
no shooting zone.
-
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Public Utility District #ll__:'~~_,,~.~J~:'~:~r"
. d::r!-'L:I',.;:,\...Ji'. \,...C....ii-.i I Of
Of Jefferson County BOp,RG OF COMr:.H'u~~!f)M;-:C'''''
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J '
Board of Commissioners
1 March 2006
Board of County Con:uilissioners
Jefferson County
Port Townsend Washington 98368
Gentleman:
The purpose of this letter is to support the non-shooting zone proposed by Water District
#1. The PUD's Bywater Bay water system has appurtenances throughput the Teal Lake area,
see enclosure. Over the years we have witnessed repeated vandalism, of which fire arms were a
major component. It seems anything above ground is fair play. Our blow-off assemblies are
particularly easy targets. As a result we have removed most of them. Additionally, our pump
house has been broken into several times. Access was gain through use of gun fire. On one
occasion the bullets just missed a very expensive water treatment unit. Police reports were
submitted.
In the past we have worked with DNR to place sturdy gates to limit access to the area
Additionally, we have dug ditches to fwther restrict automotive use of the area. lhis has bd~
but not eliminated the threat of:fire arms.
Beyond caring for our equipment, we are concerned for our worker's safety. They ha~e
to traverse the area once or twice a week to perform routine maintenance at several remote sites.
Given the random use of:fire arms in the area, we have been lucky nobody has been injured.
Thank you for your consideration on this matter.
Enclosure
as
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"l1I. tp51/:
M. Kelly Hays 7
President
Board of Commissioners
230 Chimacum Road I P.O. Box 929, Port Hadlock, WA 98339
PH (360) 38~5800 . FX (360) 385-5945
5
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Somethlnq like this:
All of the land Iymg WIthin the followmq bounds:
Beqlnmnq at the intersection of Hood Canal Bndge With the Jefferson County
Limits; thence Westerly alonq State Route 104 to the intersection of said State
Route I 04 With Teal Lake Road; thence Northerly alonq Teal Lake Road to the
intersection of Teal Lake Road With the Southerly line of Tract f of Teal Lake
Vlllaqe (per Plats Volume 6 Paqes 158-169 and amended by Volume 6 Paqes
186-197 records of Jefferson County); thence Northerly and Easterly alonq the
Easterly and Southerly boundary of said plat of Teall..ake.Vlllaqe to the
intersection of said plat boundary With Paradise Bay.Road; thence Easterly alonq
Paradise Bay Road to the Intersectton of said Paradise Bay Road With Tala
Shores Dnve; thence East to Hood Canal and the Easterly umlts of Jefferson
County; thence Southerly along the Easterly umlts of Jefferson County to the
pOint of Begmnlng. AI/lymg and being In Jefferson County, Washington.
lVlessage
Page 1 of 1
I," .
Leslie Locke
From: Mike Brasfield
Sent: Thursday, March 16,200612:43 PM
To: Leslie Locke
Subject: No Shooting Zone - Paradise Bay Area
. Leslie -
I spoke with the applicant after his previous submittal. His latest one takes my concerns into account and the
Sheriffs Office is satisfied with the revised boundaries.
Mike
Michael D. Brasfield
Jefferson County Sheriff
360-385-3831
3/16/2006
Leslie Locke
To:
Subject:
ppbowen@cablespeed.com
Hearing Date for No Shoot Zone
Hi Pat,
I left a message on your answering machine, but I wanted to make sure you know that the public hearing for the Proposed
Paradise Bay No Shoot Zone is scheduled for Monday, April 24, 2006 at 11 :00 a.m. in the Commissioners Chambers in
the basement of the County Courthouse.
A hearing notice will be approved by the Commissioners on Monday, April 10, 2006 (you don't have to be there). If you
have any questions or need to change the hearing date, let me know ASAP. Our office will publish the hearing notice.
You can notify other interested parties.
Leslie Locke
360-385-9100
1I0cke@co.jefferson.wa.us
1
1820 JEFFERSON ST.
P.O. BOX 563, PORT TOWNSEND, WA 98368
E-MAIL: deldridg~co.jefferson.wa.us
Vc \D <;2t f}t uJ
~~~-\"C\~\ Ct1/.\.~f'\CLL+\ c,! ..
v::A nbr..: (rap t:c1.,u'th{I(:'''')
Donna M. Eldridge
JEFFERSON COUNTY AUDITOR
(360) 385-9118
COUNTY OF JEFFERSON)
)ss
STATE OF WASHINGTON)
CERTIFICATE OF SUFFICIENCY
ESTABUSHING A 'NO SHOOTING' AREA
For
Portion of Voting Precinct 502
And
Portion of Voting Precinct 503
I HEREBY CERTIFY that this office has checked the attached Petition
establishing a "No Shooting Area" for the defined area on the attached map.
Said Petition contained a total of 33 signatures. There are 14 valid signatures
from the proposed area of Precinct 502 and 16 valid signatures from the proposed
area of Precinct 503 with a total of 30 valid signatures and 3 invalid signatures from
citizens in the proposed No Shooting area.
Pursuant to County Ordinance No. 03-0227-95, Section 3-A, this petition
meets the requirement of having 10 valid signatures from registered voters in the
proposed area and is now certified as being SUFFICIENT.
. . ~ \ \
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'.' 'Dated ~7th Day of March 2006.
. '. .....~ '
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STATE OF WASHINGTON SS
COUNTY OF JEFFERSON
THIS I~ TO ~ERTIFY th&t the document to MlIeh
thli certificate IS affixed is a true and COI'NOt
.a the san'H) appears on record in the offi copy
Jaffel'$on County Auditor. ce of the
.~ WITNESS WHEREOF, I hereunto 88t my /'lend tad
IT" Seal of Said County.
~M.e~~
~~~b:: . ~ .~~
',Karen Cartmel
Chief Deputy Auditor
Accounting!
385-9121
.j ElbCtiohs: .1
385-9117
Licensing
385-9115
Recording
385-9116
FAX
385-9228
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Message
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Page 1 of 1
Leslie Locke
From: Mike Brasfield
Sent: Monday, March 06, 2006 9:59 AM
To: Leslie Locke
Cc: Tim Perry
Subject: Boundaries for Water District #1 Proposed No Shoot Zone
Leslie -
As requested, I have reviewed the boundaries for the proposed No Shoot Zone requested by Water District #1 (as
well as the supporting letter from the PUD) in the Paradise Bay area. Based on the map provided, there are
some areas of concern as they pertain to "easily identified boundaries". I will begin the review from the
intersection of Paradise Bay Road and Teal Lake Road. Two locations in particular would cause some concern
from an enforcement standpoint:
1) When the boundary running along Paradise Bay Road reaches"Willow Street" just south of Tala Shores
Drive, the boundary is shown cutting over to the beach along "Willow Street". I will have to have someone go out
there, but I think "Willow Street" is a map maker's line, and not an actual street.
2) The boundary then runs along the shoreline, and out across the spit and around Hoods Head Island, then
cuts across the harbor and comes ashore in the woods south of Seven Sisters Road and then intersects with
Paradise Bay Road again, before continuing south to Highway 1 04. This line through the woods from the shore to
Paradise Bay Road does not provide anything approaching a clearly and easily understood boundary. It would be
better to run the boundary from where it completes the "rounding of Hoods Head Island, directly to the west end of
the Hood Canal Bridge at Highway 104.
The remainder of the boundary is clear enough. West on Highway 104 to Teal Lake Road, then north on Teal
Lake Road to the starting point at the intersection of Teal Lake Road and Paradise Bay Road.
Has anyone looked at how this relates to the existing Port Ludlow no shooting zone as to overlap or contingency?
Mike
Michael D. Brasfield
Jefferson County Sheriff
360-385-3831
3/6/2006
Message
Page 1 of 1
Leslie Locke
From: Mike Brasfield
Sent: Monday, March 06, 2006 2:33 PM
To: Leslie Locke
Subject: Paradise Bay - Water District Proposed No Shooting Zone
Leslie -
As it pertains to my response earlier today, it does appear that the northern boundaries that Water District 1 has
proposed for their new No Shooting Zone does overlap the existing Port Ludlow No Shooting Zone boundaries.
Mike
Michael D. Brasfield
Jefferson County Sheriff
360-385-3831
3/6/2006
Leslie Locke
From:
Sent:
To:
Subject:
Mike Brasfield
Tuesday, March 07. 2006 10:42 AM
Leslie Locke
RE: No Shoot Zone
Leslie -
When you have overlapping, or contiguous boundaries, you are actually expanding an existing no shoot zone. It creates a
problem with enforcement when you have the same geographical area covered under 2 different ordinances, even if they
are touching. Which ordinance do you charge someone with in violation and enforcement.
The required signatures of resident voters in overlapping areas might support parts of one area, but not parts of the other.
In short - no overlap. If necessary, reduce the Port Ludlow zone and have it stop at Teal Lake, and the Paradise Bay start
at Teal Lake.
If and when this comes before the BOC, please let me know in advance.
Mike
-----Original Message-----
From: Leslie Locke
Sent: Tuesday, March 07, 2006 10:37 AM
To: Mike Brasfield
Subject: No Shoot Zone
Hi Mike,
You are right about the Port Ludlow No Shoot Zone and the Proposed Paradise Bay No Shoot Zone overlapping. After
thinking about it, is it a problem that they overlap? They probably needed an identifiable boundary and had to use Teal
Lake Road. Let me know your thoughts.
Leslie
1
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Public Utility District #1
Of Jefferson County
1 March 2006
Board of Commissioners
Dana Roberts, District 1
M. Kelly Hays, District 2
Wayne G. King, District 3
Board of County Commissioners
Jefferson County
Port Townsend Washington 98368
Gentleman:
The purpose of this letter is to support the non-shooting zone proposed by Water District
#1. The PUD's Bywater Bay water system has appurtenances throughout the Teal Lake area,
see enclosure. Over the years we have witnessed repeated vandalism, of which fire arms were a
major component. It seems anything above ground is fair play. Our blow-off assemblies are
particularly easy targets. As a result we have removed most of them. Additionally, our pump
house has been broken into several times. Access was gain through use of gun fire. On one
occasion the bullets just missed a very expensive water treatment unit. Police reports were
submitted.
In the past we have worked with DNR to place sturdy gates to limit access to the area.
Additionally, we have dug ditches to further restrict automotive use of the area. This has helped,
but not eliminated the threat of fire arms.
Beyond caring for our equipment, we are concerned for our worker's safety. They have
to traverse the area once or twice a week to perform routine maintenance at several remote sites.
Given the random use of fire arms in the area, we have been lucky nobody has been injured.
Thank you for your consideration on this matter.
/}'Jf ~ 1(,
M. Kelly Hays '?
President
Board of Commissioners
Enclosure
as
230 Chimacum Road I P.O. Box 929, Port Hadlock, WA 98339
PH (360) 385-5800 FX (360) 385-5945
PETITION TO ESTABLISH A NO SHOOTING ZONE
The undersigned do hereby petition the Jefferson County Commissioners to establish a no
shooting zone as follows:
For that portion of Precinct 502 and 503, Jefferson County, bounded on
the south by State Highway 104, on the west by Teal Lake Road, and the North
and East by Paradise Bay Road as well as the area between Paradise Bay Road
and Paradise Bay.
I, the undersigned, am a registered voter residing within the boundaries of the proposed
no shooting zone.
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PETmON TO ESTABLISH A NO SHOOTING WNE
The undersigned do hereby petition the Jefferson County Commissioners to establish a no
shooting zone as follows:
For that portion of Precinct 502 and 503, Jefferson County, bounded on
the south by State Highway 104, on the west by Teal Lake Road, and the North
and East by Paradise Bay Road as well as the area between Paradise Bay Road
and Paradise Bay.
I, the Wldersigned, am a registered voter residing within the boundaries of the proposed
no shooting zone.
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RCW 9.41.300: Weapons prohibited in certain places - Loca1laws and ordinances - Exceptions _ Pe... Page 1 of2
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RCW 9.41.300 ,. ,_""
Weapons prohibited in certain places - Local laws and ordinances _
Exceptions - Penalty.
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control
a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested
for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order
of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or
ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's
chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court
proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court
proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be
the minimum necessary to fulfill the objective of this subsection (1)(b).
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon
owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of
the building. The locked box or designated official shall be located within the same buildng used in connection with court proceedngs. The
local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with
an official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each
entrance to the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a pUblic mental health facility certified by the department of social and health services for inpatient
hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted
access areas do not include common areas of egress and ingress open to the general public;
(d) That portion of an establishment classified by the state liquor control board as off-limi1sto persons under twenty-one years of age; or
(e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal
transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the
~screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal
that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted
access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that
humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual
guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality,
except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW9.41.070 or exempt from the licensing requirement by RCW9.41.060;
or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be
sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other
businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter
grandfather periOd for businesses selling firearms than for any other businesses within the zone.
(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or
secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or
signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is
enacted under this subsection (3)(b) shall be grandfathered accordng to existing law.
(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.
http://apps.1eg.wa.gov/RCW/default.aspx?cite=9.41.300
3/30/2006
RCW 9.41.290: State preemption.
-- --'
Page 1 of 1
RCW9.41.290 ~
State preemption.
-
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The state of Washington hereby fully occupies and preempts the entire field of firear~s regulation within the boundaries of the state,
induding the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any
other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other
municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as inRCW
9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws
and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are
preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
[1994 &p.s. c 7 S 428; 1985 c 428 S 1; 1983 c 232 S 12.]
Notes:
Finding -Intent - Severability -1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -1994 sp.s. c 7 It 401-410, 413-416, 418-437, and 439~: See not~ following RCW9.41.010.
'-~.
Severability -1985 c 428: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 428 9 6.]
Application - 1983 c 232 t 12: "Section 12 of this act shall not apply to any offense committed prior to July 24, 1983." [1983 c 232 9
13.]
Severability - 1983 c 232: See note following RCW 9.41.010.
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Jefferson County Commissioners
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April 23, 2006 l \'; , ';;, , ','\ . . A" Ii ~
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This letter is in reference to the proposed no shooting zone in the Paradise Bay
area.
We believe that there are current laws on the books, if enforced that would
stop shooting in inappropriate areas; such as logging roads, near or at areas where
people meet and work.
The area south of Paradise Bay Estates is made up of five acre and up parcels.
People in this area have private shooting ranges on their property. The properties are
not in an area of schools, meeting halls, churches, and community centers.
These people are good law-abiding citizens and live in this area because we
are away from urban sprawl and congestion. They have been very careful to ensure
that they are not endangering people, animals and property. They are not the ones
who are abusing the system or damaging property.
Their freedom to lawfully shoot on their range should not be infringed upon
because of the people who do not obey the guidelines.
We are against a no shooting zone being declared in our area.
Sincerely,
Names:
i:!r~
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Leslie Locke
From:
Sent:
To:
Subject:
Lorna Delaney
Tuesday, April 11 , 2006 2:30 PM
Leslie Locke
FW: Support no shooting in Paradise Bay
.~
~"
Lorna Delaney, Human Resource Manager
Jefferson County
PO Box 1220
Port Townsend, WA 98368
Ph: 360-385-9133
-----Original Message-----
From: Jo Carter [mailto:jo.carter@earthlink.net]
Sent: Tuesday, April 11, 2006 2:11 PM
To: Lorna Delaney
Subject: Support no shooting in Paradise Bay
I am writing in support of the no shooting zone ordinance in Paradise Bay area.
I am sorry not to be able to appear at the hearing. Please let me know if there
is anything I can do to help establish this ordinance. Jo Carter, Paradise Bay
resident.
1
Leslie Locke
From:
Sent:
To:
Subject:
Lorna Delaney
Wednesday, April 12, 2006 7:59 AM
Leslie Locke
FW: No Shooting-Paradise Bay!
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Lorna Delaney, Human Resource Manager
Jefferson County
PO Box 1220
Port Townsend, WA 98368
Ph: 360-385-9133
-----Original Message-----
From: John Adams [mailto:2john@earthlink.net]
Sent: Wednesday, April 12, 2006 6:58 AM
To: Lorna Delaney
Subject: No Shooting-Paradise Bay!
Hello,
I am writing to strongly support the need for a no-shooting zone in Paradise Bay.
The gunfire along Andy Cooper Road is a real danger. I ride my bike through there
every weekend and have personally witnessed people firing automatic weapons
at an old bullet riddled wreck along the road. The gunfire can be very unnerving
as you ride or walk along the road. How can you be sure that these people are
responsibly firing at a safe target? You can't. One foolish shot toward the road
could be a disaster. The noise is heard throughout Paradise Bay. The area is
too dense and travelled by people of all kinds walking, on bikes, jogging
and driving through in cars. This is not a good mix with unsupervised shooting
on private property. Where is the landowner in all this? There is garbage,
junk, wrecked car, spent shells, broken glass allover where the shooters go.
The danger of someone getting shot from a stray bullet is too great to allow this
near our neighborhood. Please establish the no-shooting zone and enforce it.
Thank you,
John Adams
Paradise Bay Resident.
1
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3-15-1995 10:21PM
FROM
MR. ROBERT A. KRUTENAT
12001 Highway 104
Port Ludlow, WA 98365-9750
Phone: 360-437-2259
Fax: 360-437-9255
Email Fleesin@tscnet.com
(,Pi< 1 ) 2006
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FAX MEMO & COVERSHEET
DATE: April 19. 2006
TO: Commissioners
Jefferson County
TIME: 11 :21 AM
PHONE: 360-385-9100
FAX: 380-385-9382
FROM: Mr. Robert A. Krutenat . PHONE: 380-437-2259
FAX: 380-437-9255
RE: Paradise Bay NO SHOOTING ZONE
CC: Commissioners
Number of pages including cover sheet: 3
Messaae:
None.
P.1
:T-15-1995 10: 22PM
FROM
P.3
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MR. ROBERT A. KRUTENAT
12001 Highway 104
Port Ludlow, WA 98365-9750
Phone (360)437-2259
FAX (360) 437-9255
April 19, 2006
Jefferson County Board of Commissioners.
P.O. Box 1220
[Port Townsend, WA 98368
Subject: Paradise Bay NO SHOOTING ZONE
Reference (a): Peninsula Daily News of April 9 2006
Reference (b): Auditors Parcel Numbers 821 334 009 and 821 334 010
Gentlemen:
Reference (a) describes a proposed No Shooting zone, proposed by the people of Paradise
Bay. Reference (b) describes property that we, the undersigned own, and where we reside
north of Hwy 104 in what is commonly referred to as North Shine. It is difficult to understand
why a no shooting zone is being imposed five miles away from where the problem exists. It is
already illegal to maliciously destroy private property, (RCW 98.48.80 a class C felony) and to
damage facilities belonging to public utilities. (RCW 9a.48.70 class B felony). By making the
East-West centerline of Sec. 33, 34, 35 Range 1 E WM the southem boundary of the "No
Shooting Zone," you remove most of the residential areas north of hwy 104 from being
impacted by the zone. From my association with the PUD and talking to friends in Paradise
Bay, it seems that the problem is more one of enforcement than lack of laws. Perhaps its time
for deputized volunteer citizen patrols anned with radios and an old patrol car taking license
numbers and video of illegal shooters to augment the Sheriffs meager resources. If the
county would post No Parking zones for 300 feet in front of the gates that close the roads
leading off the Andy Cooper road and tow the cars parked there. illegal shooting activity would
be markedly reduced. Most illegal shooting activity comes from non-residents, people coming
into the area from Kitsap County and points east, and south. Walk in shooters who returned to
find their cars towed, would soon get the idea that shooting here is a bad idea. Maybe some
"No Trespassing" signage would help notify walkers that their presence in the area was not
sanctioned and to remain on the paved roadways.
We purchased the referenced property in 1969 and immediately upon taking up residence, we
established a single point pistol shooting facility, that did not require any t;>~ilQing~ or
structures, simply a target in front of a sand trap embankment (m' $pOffl te~q i.'p'r;o~i~I'Y
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recycled into new bullets), which we have used since 1969. We believe that this land use is a
grandfathered non conforming land use under present zoning. A "No Shooting Zone" overlay
on our property would seriously impair our ability to use our property as we have always done
since 1969. There have never been any complaints about our use of the property in this
manner, to our knowledge. Our family enjoys the shooting sports and as a former police
officer, I like to keep my skills up to date with practice from time to time.
We respectfully request that you exempt the referenced property from any "No Shooting"
overlay if you extend the southern boundary to Hwy 104.
Sincerely,
Robert A. Krutenat
Dolo}fS M. Krutenat
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rak
00: Jim Parker, PUD 1 commissioners