Blyn roundabout resurrected for "climate resiliency"
Plus, important month for Cascadia Water customers
Public comments could turn tide for water users. County renegotiates agreement with Tribe, but guess who’s paying? Déjà vu, in a roundabout way. Tribes to discuss “tax related issues” with county leaders. Commissioners asked about future Q&A sessions. One last party before cutting county jobs.
4,000 water consumers from Clallam, Island, Snohomish, Skagit, Mason, and Grant counties, served by 30 different water systems owned by Cascadia Water, could see their water bills double as decision time approaches for the company’s proposed rate hike.
Washington’s Utilities and Transportation Commission (UTC) ruled in June that Cascadia had failed to prove that its investments were prudent or that its proposed rates were reasonable. The UTC said that the law mandated an investigation. However, its staff is no longer investigating, having announced a week ago that staff and Cascadia have reached a settlement in principle.
Unfortunately for the consumers that will be affected, the UTC and Cascadia are keeping the settlement terms under wraps until January 10th.
“Our Mission is to protect the people of Washington by ensuring investor-owned utility and transportation services are safe, equitable, available, reliable and fairly priced.” — Washington UTC
“We’re worried that UTC staff has abandoned its duty to protect consumers by forgoing an in-depth investigation of expenses and determining whether investments were prudent or necessary,” said Sequim resident Vicki Colburn, a founding member of Water Consumer Advocates of Washington.
“Expensive, questionable capital improvement projects drive these rate increases, and Cascadia refuses to provide proof that they were needed or of benefit to consumers. Apparently, staff has given Cascadia everything they’ve asked for. It’s important that residents provide public comment next week, the UTC commissioners listen to public comments.
“Earlier in the rate case, 260 consumers sent a message of opposition. The UTC heard us then. They will be listening again. Our litigation strategy has not changed; we will present our arguments at the February 11th, 2025, UTC hearing,” Colburn said.
Just three years ago, Cascadia Water and the UTC agreed to an average increase of 37%. Back then, Cascadia owned 12 systems on Whidbey Island and 2 in Clallam County. Now, the private for-profit company has doubled in size in just 3 short years and is seeking a rate hike of 107% to 133% after spending over $5 million on improvements in a little over a year.
Colburn says messages to the UTC can be a simple objection that a monopoly is abusing its captive customers, and she has shared some of her talking points:
The UTC should work for consumers; they should be transparent when asked to explain their rate-making process.
Cascadia should share its capital improvement plans with ratepayers. The company plans to spend $3 to $4 million annually over the next five years but doesn’t say where.
Since Cascadia has announced plans to acquire other systems requiring expensive upgrades, funding could fall on current ratepayers, who should not subsidize infrastructure in other systems or counties.
Cascadia Water customers who wish to send written comments are encouraged to contact the UTC before January 15th. Include your name, mailing address, name of the company (Cascadia), and docket #UW-240151 via email to: comments@utc.wa.gov or visit www.utc.wa.gov/consumers/submit-comment.
Please review the packet below, which includes talking points and instructions for virtually attending public comment sessions on January 13th (6 p.m.) or January 14th (3 p.m.).
For more information on WCAW membership or the issues or status of the current rate case litigation, contact Vicki Colburn at vickinapa@sbcglobal.net
Choosing to see it that way
The commissioners approved a renegotiated contract with the Jamestown Tribe for this year’s law enforcement duties. The “2025 Compensation Agreement” stipulates that the Clallam County Sheriff’s Office (CCSO) “will provide 24-hour law enforcement services to the Tribe…”
The amount owed to the CCSO is $300,000 for the year, to be paid quarterly by the Jamestown Tribe. It’s not quite the amount the Tribe pays annually for Christmas lights (between $400,000 and $500,000), but it’s up 3.94% from last year’s agreement for $288,656.
“I believe we negotiated around an 8% increase in the Jamestown contribution to our Sheriff’s budget,” Commissioner Mike French told attendees at October’s public budget meeting. “So, they provide $300,000 of cash support to the Sheriff Department’s budget.”
One attendee pointed out “that this $300,000 that the Sherrif’s [department] is getting paid by the Tribe — that’s for services. It’s not a freebie. They provide services to the Tribe when the Tribe needs them, correct? They’re not giving a gift to the Sheriff’s department.”
“If you choose to see it that way,” replied French.
One way to see it is that Commissioner French’s amount was exaggerated by more than double. Additionally, it’s not exactly the Tribe’s contribution to the Sheriff’s budget. The contract explains the source of the funding, which is outlined in the 2022 interlocal agreement:
“For the services being provided under the terms of the 2022 lnterlocal Agreement , federal funds are being made available to the Tribe from the Bureau of lndian Affairs ("BlA'). Upon receipt of the funding, the Tribe will have budgeted funds to pay CCSO.”
The money comes from the federal government through the Bureau of Indian Affairs (BIA). The agreement also outlines the procedure if the BIA fails to allocate money to the Tribe:
“The parties agree that if the funds to be provided by the BIA to the Tribe for the payment of services hereunder are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the Tribe may, in its sole discretion, by timely written notice to the CCSO and the CCBC, request, as appropriate, a renegotiation of the 2025 Compensation Agreement or, if funding is terminated, termination of the 2025 Compensation Agreement and the 2022 lnterlocal Agreement. No penalty or expense shall accrue to the Tribe in the event this provision applies, except that CCSO shall be entitled to pro rata reimbursement, at the above agreed rate, for services rendered prior to such termination.”
In other words, if the Tribe doesn’t get the money from the feds, it doesn’t need to pay Clallam County.
“There are tribal members that are a little tired of people viewing the Tribe like Daddy Warbucks only to get kicked in the teeth later by the community.” — Jamestown tribal member, Facebook, 1/5/25
The Jamestown Tribe, as a corporation, doesn’t pay federal income tax. If you, or a business you own, pays federal income tax, you fund the federal government. The federal government allocates money to the BIA, which gives money to the Jamestown Tribe to pay for county law enforcement services.
The Jamestown Tribe doesn’t pay for the county law enforcement presence in tribal jurisdictions — you do.
Here we go again
A proposed roundabout scrapped in 2021 appears to be planned for 2027.
The Blyn roundabout, a partnership between the Jamestown Tribe and WSDOT, will “connect tribal communities while preparing for climate resiliency.” The construction project will include “side street improvements, center tribal artwork, bus/bike/ped amenities related to ODT [Olympic Discovery Trail] access, lighting and median safety improvements.” It will also “build Longhouse Market Trail through sensitive area.”
The document says “WSDOT will perform acquisition of non-tribal lands, as necessary.”
The project, estimated to cost nearly $8 million, is planned for Highway 101 and Sophus Road, which runs between the Tribe’s gas station and marijuana dispensary.
In April 2021, the Sequim Gazette covered the controversial roundabout, which was estimated to cost $2.5 million. Commissioner Mark Ozias has cited the roundabout as an instance where he did not support the Tribe’s agenda. It was later revealed that Ozias initially wrote a letter of support for the roundabout and then withdrew it, as instructed by the Tribe.
Lodging tax
The commissioners have approved awards from the hotel/motel tax fund. The money collected from transactions at lodging establishments (hotels, short-term vacation rentals, etc.) is used to support tourism promotion, marketing, and related activities within the county. The goal is to attract visitors and boost the local economy. The awards are:
$90,000 for the Hurricane Ridge Winter Sports Education Foundation for skiing, snowboarding, and tubing.
$100,000 to Clallam County Public Works for Olympic Discovery Trail improvement projects.
$200,000 to the Field Arts & Events Hall in Port Angeles.
$1 million to the Olympic Peninsula Visitor Bureau to promote and develop a multi-faceted, year-round tourism industry.
During public comment, one resident asked the commissioners to remember that Olympic Inn & Suites, a 115-room hotel in east Port Angeles, contributes to the Lodging Tax but is proposed to be demolished to promote salmon restoration because it is in the Jamestown Tribe’s traditional territory.
“Does anyone know if the 7 Cedars Hotel, if their 100 rooms pay lodging tax to Clallam County?” asked the resident.
“No,” Commissioner Ozias answered, indicating they do not pay lodging tax.
“What about their 200-room expansion — will those 200 rooms pay into the lodging tax?” the resident asked.
“Not currently,” answered Commissioner Ozias.
The resident asked if the Commissioner was working with his largest campaign donor to pay the lodging tax in the future.
“There have been conversations along those lines,” Ozias said.
“How are they coming along? What’s the next milestone in those conversations?” asked the resident.
“This is not the appropriate forum to share that information,” said Ozias, indicating that he would prefer to answer that question after the meeting once cameras were turned off.
This is what Commissioner Ozias said after the meeting:
“We are working on setting up a work session conversation, another public conversation, with the Jamestown Tribe about a variety of tax-related issues — property tax-related issues, lodging tax-related issues, etcetera. So, we’ve been in communication with the Tribe. I expect that to happen sometime in the first quarter, but I don’t have a day yet, and that will be the best opportunity for hopefully a wide-ranging conversation about tax-related issues as it relates to the Tribe and to other Tribes.”
The meeting will be open to the public during a regularly scheduled Monday work session.
Public engagement making a comeback?
“I will participate (as long as my schedule allows) in any public forum that I receive an invitation to, so long as the proposed topics have a reasonable nexus to County business. I would prioritize events that occur in my district,” Commissioner Mike French emailed when asked if he would participate in a forum where residents could ask questions of their elected leaders and receive answers.
Meeting with the people who fund local government may prove difficult after a historic budget deficit caused by uncontrolled spending. “I cannot recommend devoting County resources to scheduling, hosting, and staffing such an event,” wrote French, explaining that the Deputy Clerk has departed, a Board Analysist has been eliminated, and that he wouldn’t want to detract from the Charter Review Commission which begins meeting Monday. (Click here for details about the 5:30 pm meeting open to the public and available on Zoom).
The effect of slashing budgets is beginning to be seen in the courthouse. Ironically, the Assessor’s office, tasked with generating revenue for the County, must cut services.
“We have a severe backlog in several areas,” Clallam County Assessor Pam Rushton told the commissioners. “One of the most important ones is the senior exemption program. That was the one that our customer service person that was laid off was in charge of. She had just learned it pretty well before she was laid off.”
Assessor’s Office hours will be reduced to 8 - 3 Monday through Thursday and closed Fridays while reduced staff tackle the backlog of audits for open space, agricultural land, and senior exemptions.
The commissioners’ prioritization of funding pet projects and special interests has resulted in the cutback of public services and the elimination of hard-working county employees. Hopefully, the commissioners will adopt a more fiscally responsible approach… after the holiday breakfast.
Commissioners Ozias and Johnson have not answered an email about holding a public Q&A session, and they have declined to comment on the topic when asked at public meetings.
“I was very pleased with the public participation from our budget town hall last year and will certainly recommend we make that a permanent addition to our budget public process,” said Commissioner French.
An appreciation for your ombudsman services to our community. I hereby give you a 20% salary increase ;). Happy to not be a Cascadia customer. This country's entire relationship with treaty tribes must be re-evaluated. Jamestown and Elwha members are friends, neighbors and fellow citizens. They are not "Indians", as they have to ancestral history with India. Some have genetic markers connecting them to residents that lived here prior to European colonization. Those impacted by treaties and the treaty authors no longer live. If sovereignty for bloodlines connected to indigenous peoples must exist then passports and passport services should be required for non-tribal access to sovereign land and/or businesses just like any other sovereign nation. This charade of separate countries within a country is both impractical and discriminant. Let the B.I.A. do something useful and establish a fair and equitable path for treaty tribe members to become U.S.A. citizens with no more or no less rights or entitlements. We would then no longer need a B.I.A. to fund or need to endlessly debate the inequities of inequality.
I was really hoping for better results from the Commissioners meeting yesterday. Hearing Ozias' answers to the aforementioned questions was deflating my Happy New Year balloon. As difficult as it is to sit there and listen to all the approvals for all of the spending and all of the tax and fee increases, I will continue to attend meetings and comment, comment, comment. Jeff, you showed your in-depth knowledge and fighting spirit yesterday. Your questions and comments put the Commissioners in the spotlight and made the public sit up and notice. Thank you!! And good luck Monday. I'll be there!