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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Sept. 28, 2016)
5A THE DAILY ASTORIAN • WEDNESDAY, SEPTEMBER 28, 2016 Security: ‘There is no way we can manage this level of security’ Continued from Page 1A at the courthouse. Tradition- ally, the Sheriff’s Ofice is in charge of courthouse security with one deputy on-duty each day. The heightened security last week required four to ive deputies. “We assessed the true fac- tors surrounding this trial and came to the conclusion there is no way we can continue to manage this level of security with our current stafing levels for what could be up to three months in length,” Bergin wrote in an email to Brown- hill and other court and county oficials Friday. Bergin said his deputies are already overworked patrolling The Daily Astorian/File Photo Security was scaled back at the Clatsop County Courthouse after the sheriff and others objected to the added manpower and costs. and covering shifts in the jail, including inmate transports to prison, Tillamook jail, medical and dental appointments and court appearances. The Sher- iff’s Ofice does not have the personnel to move those shifts to the courthouse, Bergin said. “I know we have the court security fund to help pay for these extra hours but that does not address the fact we just do not have the manpower,” Ber- gin wrote in the email. Moore said talks are ongo- ing to ind a permanent solu- tion to secure the courthouse following the death pen- alty trial. Everyone seems to agree the courthouse needs tougher security, Moore said, but various factors need to be considered. Moore estimates stafing enough deputies for a fully secured courthouse could cost $300,000 a year, which would have to be worked into the county’s budget. In addition, Moore said, the various oficials need to deter- mine how much they want to inconvenience people enter- ing a public building. One pro- posal is to build a separate security screening entrance for the public, including people with disabilities. “This is the public’s build- ing. We don’t want to make it too dificult,” Moore said. “It’s inding the balance between appropriate access and appro- priate security.” Bergin said he is doing what he can with the resources he has to secure the court- house. He does not want to create a false sense of secu- rity. Until a permanent plan is agreed upon, Bergin will con- tinue to work with the court and county oficials. “I understand your con- cerns and know this is a differ- ent world in which we live, but there also has to be some com- mon ground,” Bergin wrote in the email. Dam: ‘It made a difference knowing that we actually do own it’ Continued from Page 1A Questions swirl The City Commission had twice signed off on a $1.2 mil- lion agreement to remove the dam and build a single-lane bridge so the city could pre- serve emergency access over the river. But the commis- sion declined to renew the agreement in May as ques- tions swirled about the poten- tial consequences of removing the dam. The water district and the Columbia River Estuary Study Taskforce announced they would move forward with the project without a bridge for the city, but CREST pulled out after it became clear the city might make legal claims. Critics of the dam’s removal — including Mayor Mark Kujala’s family, which owns property near the dam, and the Nygaard family, which owns Warrenton Fiber — warned of the potential for looding if the dam was taken out. Privately, critics also relayed to commissioners that Kurt Fritsch, the city manager at the time, did not disclose a city consultant’s technical review of the water district’s engineering plan on the dam. The technical review ques- tioned whether the water dis- trict and CREST had accu- rately modeled the lood plain. Fritsch said it would have been inappropriate to share the technical review with the City Commission, which may have had to hear an appeal once the Planning Commission decided whether or not to approve the dam removal project. After learning that com- missioners might place him on administrative leave pend- ing an independent investiga- tion, Fritsch resigned in June, explaining that he had become a distraction. Preliminary indings The City Commission assigned Blitz in July to sort through the issues surround- ing the dam, particularly ownership. In a presentation of his pre- liminary indings Tuesday night, Blitz contended that the city owns the dam and should take control of the structure, either for lood control or as a “priceless” asset that could one day be removed as wet- lands mitigation for a develop- ment priority. The attorney said it makes sense for the city to control the dam because of the uncer- tainty around evolving federal lood-control regulations that could inluence land use and property insurance. “I don’t think there can be any question that we do not know what the consequence of a dam removal will be, and that it could be substantial, and it’s, at best, dificult to fore- see,” Blitz said. He said the structure is “an asset that the city should hold and main- tain until such time as the city chooses to offer to remove it as offsetting mitigation for devel- opment priorities that may arise for the city of Warrenton effecting wetlands.” Blitz relies on a 1938 Cir- cuit Court ruling on the city’s title claim to land and a 1962 easement for the water district on the dam. According to the easement, the property reverts back to the city once the water district ceases to use the easement to operate the dam. Blitz argues that the water district ceased operating the dam as intended when the district chose to permanently leave the tide gates open in 2012. The water district removed the tide gates last year. The district has also bar- ricaded a gravel road over the dam. Ownership tangle The city and the water dis- trict have long presumed the water district owns the Eighth Street Dam. The U.S. Depart- ment of Agriculture helped build the dam in 1963, along with two other lood control structures on the Skipanon River. The water district, cre- ated with the support of the city, had an operation and maintenance agreement with the federal government. In a 2014 letter, after the dam and the other structures reached the end of what the ll Ca ime yt n A (2) (-) (-) (6) (-) (8) (9) (10) (12) (13) (-) (20) (-) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) KATU KOMO KING KOIN KIRO KGW KRCW KOPB KPTV KPDX KCPQ TBS KZJO ESPN ESPN2 NICK DISN FAM FMC LIFE ROOT FS1 SPIKE COM HIST A&E TLC DISC NGEO TNT AMC USA FOOD HGTV FX CNN FNC CNBC BRAV TCM SYFY RFD (2) (4) (5) (-) (7) (-) (3) (10) (12) (-) (13) (20) (22) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) 6 PM ‘Game-changer’ City commissioners seemed convinced by Blitz’s presentation that the city is the rightful owner of the dam. “It made a difference knowing that we actually do own it,” Commissioner Tom Dyer said. “That was a game-changer for me.” Some who had fought the dam’s removal interpreted Blitz’s indings as vindication. Warrenton Fiber, for exam- ple, had raised early concerns about lood control while the Kujala family and others were focused on getting a wider bridge over the river. Warrenton Fiber has feuded with the Columbia River Estu- ary Study Taskforce on land use issues. CREST was going to use salmon-restoration money from the federal Bon- neville Power Administra- tion to help the water district remove the dam. “I must say, it conirms a lot of the things that we brought up,” said John Nygaard, an attorney whose family owns Warrenton Fiber, adding “I told you so.” Nygaard claimed that CREST, the water district and their allies — in coordination with the local media — inten- tionally misled the commu- nity and attempted to defraud property owners “by hiding the actual looding and levee impacts their proposed proj- ect would cause in order to improperly secure a $1.2 mil- lion contract with BPA.” Fre e as Est F ima t t es Jeff Hale P ainting Over 20 years local experience 503-440-2169 Jeff Hale, Contractor LICENSED BONDED INSURED CCB#179131 LISTINGS W EDNESDAY E VENING L National Inventory of Dams or the state’s dam safety database. • Residential • Commercial •Cedar Roof Treatments • Interior & Exterior THE DAILY ASTORIAN A federal government described as their 50-year useful lives, the USDA’s Natural Resources Conservation Service said the water district was “free to oper- ate and maintain the structures as the owner” or pursue modi- ications or decommissioning. Blitz said the federal gov- ernment’s “sloppily written letter” did not convey own- ership rights to the dam. Scheller, at the water district, has acknowledged that the dis- trict has no deed to the prop- erty, but has had operational control for 53 years. Blitz suggested the city con- duct a new hydrology report to determine whether the dam is useful for lood control. The state Water Resources Depart- ment, after a 2012 inspection, had found that the dam may no longer be capable of lood control and could probably increase risk to people near the dam in a major lood. The state said an engineering anal- ysis and options for removal were warranted, but if the dam was not removed, further evaluation and analysis was necessary. The dam is not in the Evening listings WEDNESDAY S EPTEMBER 28 A - Charter Astoria/ Seaside - L - Charter Long Beach 6:30 7 PM 7:30 8 PM 8:30 9 PM 9:30 10 PM 10:30 11 PM 11:30 KATU News at 6 Jeopardy! 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