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05/17/22 04 PM: Commissioners Approve Hearing for Smaller Cape George No-Shooting Zone

Commissioners Approve Hearing for Smaller Cape George No-Shooting Zone

Meeting covered tribal/public comments, legal framework, and board decisions on no-shooting proposals: unanimous vote for public hearing on smaller Cape George area; facilitation led by Commissioner Brotherson for revised Gardener Beach.

Tribal Comments Period on Proposed No-Shooting Areas

Metadata

  • Time Range: 00:03:02–00:10:24 (PART 1)
  • Categories: public safety, land use, other

Summary

The board opened with a dedicated tribal comment period of up to 7 minutes per speaker, noting three proposed no-shooting areas (two in Cape George, one in Gardener Beach) with no decision planned that evening. Dylan from the Point No Point Treaty Council provided the sole tribal testimony, objecting to the larger Cape George proposal due to its inclusion of a 230-acre DNR parcel impacting treaty hunting rights and recommending the smaller proposal or a carve-out; he also opposed the Gardener Beach proposal as private land with limited but existing hunting access, suggesting prioritization of denser populated areas instead.

Key Discussion Points

  • Dylan recommended advancing only the smaller Cape George no-shooting zone or excluding the DNR parcel to preserve treaty rights, noting surrounding undeveloped lands.
  • For Gardener Beach, Dylan highlighted limited hunting on private lagoon land east/southeast of the boat launch, questioned lack of no-shooting zones over denser beaches, and noted landowner discourages trespassing.
  • Board chair confirmed Dylan's verbal comments aligned with written submission from Point No Point Treaty Council.

Public Comments

No public comments during this period.

Supporting Materials Referenced

No supporting materials referenced.

Financials

No financial information discussed.

Alternatives & Amendments

No alternatives discussed.

Outcome, Vote, and Next Steps

  • Decision: Tribal comments received and noted; no action taken.
  • Vote: None.
  • Next Steps: Comments to inform board's consideration of proposals.

Initial Public Comments on Proposed No-Shooting Areas

Metadata

  • Time Range: 00:11:00–00:46:17 (PART 1)
  • Categories: public safety, land use

Summary

Public comment period (up to 3 minutes per speaker) addressed all three proposals, with strong support for Cape George no-shooting zones citing safety risks from shooting incidents (e.g., 4 AM gunfire, pets/livestock distress, dense housing), noise, and wildlife dispatch needs; opposition argued rare incidents, existing state laws on reckless discharge suffice, and zones infringe hunting rights. Gardener Beach comments focused on unsafe waterfowl hunting near boat launch/lagoon (shotgun shells found up to 150 yards, shots toward road/homes, increased intensity), though some noted private land status and trespassing issues.

Key Discussion Points

  • Supporters (e.g., Missy Marie, Chris Easterday, Lynn, Hardy Stone, John Dwyer, Slain, Gretchen Cooper, Jodi, Bill Woodson, Nancy, Keith): Cited recent unsafe shooting events, pet/livestock stress, child safety, bullet trajectories unpredictable even by experts, sheriff response limitations without zones.
  • Opponents (e.g., Mark Fair, Bill [opposing Gardener]): Incidents rare (1-2 in 10+ years), state laws (RCW reckless endangerment) adequate, zones presume guilt, personal motivations alleged; for Gardener, private land, hunters have permission, public trespassers at fault.
  • Board noted second comment period post-presentation.

Public Comments

  • Missy Marie (Cape George resident): Opposed shooting near homes due to wildlife/pets upset by recent gunfire.
  • Chris Easterday (Cape George Community board): Supported due to dangerous 4 AM incident, sheriff unable to act without zone.
  • Mark Fair (Cape George resident): Opposed; rare incidents, existing laws/fines suffice, impacts humane deer dispatch.
  • Lynn (Cape George resident): Physics of bullet trajectories necessitate zones in dense areas.
  • Hardy Stone (new Cape George resident): Existing laws insufficient post-mass shootings elsewhere; awareness needed.
  • John Dwyer (Cape George board): No discharge needed regardless of politics; 4 AM shots (8 rounds) unsafe.
  • Slain (Gardener Beach landowner): Increased unsafe lagoon shooting toward road/homes/livestock; shells indicate 150-yard range.
  • Gretchen Cooper (Cape George Highlands): Repeated loud "war weapon" shots terrifying.
  • Mike (unidentified): Fire/life safety issue, not political.
  • Jodi (Cape George, 2 years): Live rounds near home unsafe; supports as first responder.
  • Bill (longtime resident): Shooter controls trajectory but lagoon trespassing issue; opposes Gardener zone.
  • Bill Woodson (Cape George, 18 years): 400 homes; no rational shooting need.
  • Nancy (Cape George Village): Safety in congested area with kids; late-night risks.
  • Jim (unidentified): Growing community conflicts; private property nuances.
  • Keith (Cape George, 1.5 years): Multiple gunfires; moved to escape similar issues.

Supporting Materials Referenced

No supporting materials referenced.

Financials

No financial information discussed.

Alternatives & Amendments

  • Limit to daytime hunting suggested informally.

Outcome, Vote, and Next Steps

  • Decision: Comments received; deferred to post-presentation discussion/second comments.
  • Vote: None.
  • Next Steps: Proceed to staff presentation.

Staff Presentation on Legal Framework and Proposals for No-Shooting Areas

Metadata

  • Time Range: 00:46:17–01:10:21 (PART 1)
  • Categories: public safety, ordinances, planning

Summary

Civil Deputy Prosecuting Attorney Philip Hunszucker presented legal principles: state preemption (RCW 9.41.290) limits local firearm regulation except where "reasonable likelihood of jeopardy" to humans/animals/property (RCW 9.41.300(3)(a), JCC 8.50.050); requires "definable threat" to public health/safety/welfare. Board must first determine if petitions warrant consideration, then choose public hearing, amicable facilitation, or review committee; board sets final boundaries. Slides showed maps of smaller/larger Cape George (purple/black outlines, housing density) and Gardener Beach (yellow, revised excluding east lagoon for target practice); past areas used hearings.

Key Discussion Points

  • Noise from legal firearm discharge unregulated.
  • No precedents for "definable threat" threshold; subjective.
  • No-shooting zones can include state lands (e.g., Chimicum Creek includes WDFW lands).
  • Recent Gardener meeting: hunting intensity up, trespassing/sheriff issues, private landowner (Discovery Bay Land Co., parcel ending 1015) allows hunting.
  • Philip Hunszucker: 3-4 prior areas via hearing since 2007; tribes must participate.

Public Comments

No public comments during presentation.

Supporting Materials Referenced

Maps of proposals (smaller/larger Cape George, original/revised Gardener Beach); referenced JCC 8.50.050, RCW 9.41.290/300; revised Gardener map/email from Francis Reynolds (May 9 meeting excluded east lagoon).

Financials

No financial information discussed.

Alternatives & Amendments

  • Revised Gardener map excludes east lagoon per landowner concerns.

Outcome, Vote, and Next Steps

  • Decision: Information provided for board deliberation.
  • Vote: None.
  • Next Steps: Board discussion on each proposal.

Board Discussion and Decisions on Cape George No-Shooting Proposals

Metadata

  • Time Range: 01:10:21–01:16:20 (PART 1)
  • Categories: public safety, land use, planning

Summary

Board reviewed smaller (purple, covers colony/Saddle Drive dense areas) and larger (black, includes 230-acre DNR parcel, varying densities) Cape George proposals against legal standards. Smaller seen as appropriate for dense residential protection despite rural incompatibilities; larger overreach per tribal concerns/public lands. Motion to hold public hearing on smaller proposal passed unanimously; larger not advanced.

Key Discussion Points

  • Smaller covers core colony densities; hearing to vet boundaries/other dense areas (Bay Shore Dr., Beck at Point).
  • Larger includes undeveloped/public lands; tribal treaty rights priority.
  • Shooting toward/into zones prohibited per code (e.g., Chimicum precedent).
  • Commissioner Brotherson: Compelling resident concerns but defer to tribal use.
  • Commissioner Dean: Smaller too small, larger too big; review other densities.
  • Commissioner Randels: Aligns with colleagues.

Public Comments

No public comments during discussion.

Supporting Materials Referenced

Maps showing housing densities, DNR parcel.

Financials

No financial information discussed.

Alternatives & Amendments

  • Consider expanding smaller to other dense areas (Bay Shore Dr., Beck at Point).

Outcome, Vote, and Next Steps

  • Decision: "Hold a hearing to consider the merits of the smaller Cape George No Shooting Area proposal."
  • Vote: Unanimous (Ayes: Brotherson, Dean, Randels).
  • Next Steps: Schedule public hearing; opportunity for further input on boundaries/dense areas.

Board Discussion and Decision on Gardener Beach No-Shooting Proposal

Metadata

  • Time Range: 01:16:20–01:22:41 (PART 1)
  • Categories: public safety, land use, planning

Summary

Board discussed yellow-outlined Gardener Beach proposal (revised excluding east lagoon), noting low housing density but risks to walkers/livestock/road from lagoon waterfowl hunting (mostly shotguns, intensity increased); private land (Discovery Bay Land Co. allows hunting, WDFW parcel), tidal access easement, trespassing/beach overuse issues. Preferred facilitation over hearing/review committee to engage absent landowner, WDFW, tribes; motion for Commissioner Brotherson-led facilitation passed unanimously.

Key Discussion Points

  • Impacts from hunting/fireworks/road engineering; sheriff limited without complaints/trespassing.
  • Options: Facilitation flexible; review committee staff-intensive.
  • Limit to WDFW parcel or parking lot considered but not pursued.
  • Commissioner Brotherson: Engage landowner/tribes; neighborhood alignment needed.
  • Commissioner Dean: Fireworks as much issue; preserve property rights.
  • Commissioner Randels: More voices (landowner, WDFW) required; waterfowl season ended March.

Public Comments

No public comments during discussion.

Supporting Materials Referenced

Revised map/email (excludes east lagoon per May 9 meeting); parcel details (1015 Discovery Bay Land Co., 019 WDW).

Financials

No financial information discussed.

Alternatives & Amendments

  • Revised map excludes east lagoon for target practice.
  • Limit to WDFW parcel (outside season impacts).

Outcome, Vote, and Next Steps

  • Decision: "Pursue a facilitated solution for the Gardener Beach No Shooting Area proposal, and that Commissioner Brotherson lead that facilitation effort."
  • Vote: Unanimous (Ayes: Brotherson, Dean, Randels).
  • Next Steps: Commissioner Brotherson to lead stakeholder facilitation; staff support if needed.

Second Public Comments Period on Proposed No-Shooting Areas

Metadata

  • Time Range: 01:23:08–01:35:56 (PART 1)
  • Categories: public safety, land use

Summary

Final comments (2 minutes each) reiterated Cape George safety needs (incidents in colony/Highlands/Victoria Loop, sheriff response requires zone), opposition (squishy standards, existing laws, community awareness better), and process praise; Gardener concerns noted indirectly. Board emphasized hearing/facilitation provide further input; requested geographic details.

Key Discussion Points

  • Specific locations: Colony, North Palmer, Village, Sunset Blvd./Cape George Rd., Magnolia Ave./Highlands/Lefsrud Rd., Victoria Loop.
  • Sheriff won't respond without zone.

Public Comments

  • Robin Fling/Laurie Owen/Jim Fling/Darryl Fling (via Missy Marie, colony): Unsafe neighborhood; shooting range nearby preferable.
  • Gretchen (Magnolia Ave./Highlands): Automatic weapons terrifying.
  • Dylan: Praised balanced process respecting treaty rights.
  • Mark Fair (Victoria Loop): Subjective law ineffective; neighbor competence key.
  • Barb (colony): Time-limit hunting (9AM-6PM) to address night shooting.
  • Chris Easterday (Sunset Blvd./Cape George Rd.): Multiple unreported incidents; sheriff endorses zones.

Supporting Materials Referenced

No supporting materials referenced.

Financials

No financial information discussed.

Alternatives & Amendments

  • Time-limited hunting (9AM-6PM).

Outcome, Vote, and Next Steps

  • Decision: Comments noted; paths forward confirmed (hearing for Cape George smaller, facilitation for Gardener).
  • Vote: None.
  • Next Steps: Participate in hearing/facilitation; identify locations for Cape George input.

Background Materials

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