DLWID Solicits Committee Members

The Devils Lake Water Improvement District recently created several committees with the express goal of soliciting citizens involvement in the Districts most important functions. At DLNA we support this new direction. We are asking our neighbors to embrace the concept and participate. Please read through this article to determine where you can help. Follow the links to the application and return it to the District at board@dlwid.org. Summaries of each committee are also provided below.

Application Forms:
PDF Version:
http://www.dlwid.org/Committees/Committee_Application.pdf
Word Version:
http://www.dlwid.org/Committees/Committee_Application.doc

Sewer Committee
7 Members (Property Owners, Electors, and At-Large positions)

Purpose:

1. Reviewing legal options and requirements for extension of sewer around Devils Lake;
2. Providing information relevant to the extension of sewer around Devils Lake to stakeholders and seeking relevant input from stakeholders;
3. Determining the level of stakeholder support for extension of sewer around Devils Lake; and
4. Reporting its findings to the DLWID Board of Directors.

Events & Communication Committee
7 Members (Property Owners, Electors, and At-Large positions)

Purpose:

1. Providing advice in the formulation of communications and information policy, positions, and proposals;
2. Identifying opportunities for new events, promoting events and engaging the community stakeholders to support the events around the lake;
3. Ensure all local events are listed in the community calendars;
4. Draft communications for consideration by the Board; and
5. Reporting its findings to the DLWID Board of Directors.

Septic Inspection Committee
5 Members (Property owners and/or elector positions)

Purpose:

1. Developing a Voluntary Septic Inspection around Devils Lake;
2. Providing information relevant to the Voluntary Septic Inspection around Devils Lake to stakeholders and seeking relevant input from stakeholders;
3. Determining the level of stakeholder support for Voluntary Septic Inspection around Devils Lake; and
4. Reporting its findings to the DLWID Board of Directors.

Save our Shoreline and Water Monitoring Committee
7 Members – (Property Owners, Electors, and At-Large positions)

Purpose:

1. Promoting the establishment of increased shoreline vegetation through the public’s utilization of the District’s SOS Funding Program;
2. The collection, testing, and monitoring of lake water quality during the lake’s highest recreational use period; and
3. Reporting its’ findings to the DLWID Board of Directors.
   Examples of duties included but not limited to:
   • Advise the Board on matters related to the granting of funds available through the Districts Save our Shoreline Program.
   • Promote, recommend, and review plans by lake property owners to improve their waterfront footprint.
   • Collect and test water samples for water quality monitoring.
   • Help host and maintain water quality signs around the lake.
   • Collect data on lake temperature and water level.

SOLV  lake cleanup, aeration, special projects, dredging, water level
5 Members (Property owners and/or elector positions)

Purpose:

1. Develop or coordinate with SOLV a Voluntary Annual Lake Clean-up around Devils Lake;
2. Providing information and communication relevant to the Aeration Project, D River Dredging and water level around Devils Lake to stakeholders and seeking relevant input from stakeholders;
3. Voluntary committee will bring forward to the DLWID Board of Directors any Special Projects that it determines should be discussed by the DLWID Board for consideration also level of stakeholder support for the items; and reporting its findings to the DLWID Board of Directors.

Attend DLNA General Meeting

We have scheduled a General Meeting of the Devils Lake Neighborhood Association (DLNA) which will be held at 1:30pm, on Sunday, October 18, 2015, at the Driftwood Public Library located at 801 SE Hwy 101, Lincoln City, OR 97367.

Come join us and your neighbors for the following purposes:

A brief presentation on the formation of the DLNA.

1. Open forum to allow neighbors to set the agenda for the DLNA.
2. Presentation on Draft Sewer Plan
3. Conclude DLNA Director elections
4. Mix it up with your neighbors

Please mark your calendar and attend this important meeting. It is a great chance to meet your neighbors and shape the neighborhood’s future. Check our website at dlakeoregon.com for more details.

Severe Event Training Scheduled

Taft Fire Station – October 10, 2015, 10 a.m.

Devil’s Lake residents and surrounding neighbors: A Severe Event Training (SET) has been scheduled for October 10, 2015, 10 a.m. at the Taft Fire Station. Jim Kusz, District Captain of North Lincoln Fire and Rescue will present an in-depth 60-90 minute presentation to assist us in planning for what mother nature may have in store for us in our future.

SET was developed to assist the general public in case of severe events such as storms, wild fires, floods, earthquakes or tsunamis. Join your lakefront and surrounding area neighbors on October 10th. Begin to address the issue by starting the conversation and organizing a neighborhood plan to survive one of these major events.

DLWID Board Vote to Relinquish 1/3 of Water Right

The DLWID Board last night voted 4-1 to abandon one third of the volume (147 million gallons) and 2 months of the duration of the District’s valuable water right. The Board also voted 4-1 to begin the permitting process for the removal of the D-River dam that is used to exercise that water right.

These ill advised motions were proposed by Board Chair Brian Green who along with members David Skirvin, Randy Weldon, and Kip Ward passed the motion.

Board member Kent Norris encouraged fellow board members to consider the overwhelming and nearly unanimous (2 spoke in favor) voices of the 120 citizens in attendance. His motion to instruct Lake Manager Paul Robertson to take action to preserve the District’s water right for the next 5 year period failed by the same margin.

Mr Norris also forwarded an offer by a prominent Oregon State University engineering professor to assist the District in quantify the impact of various options for the D-River, which could be used by the Board in making a more informed decision at a later date. He noted that the District had no idea what impact their decisions would have on the lake ecosystem, lake users or the local economy as they have had no assessment perform on the project. Board members failed to recognize or even discuss the offer.

Unbelievable, is most common reaction by people who have recently learned about this total disregard of the public process by these four members of the DLWID Board. Thank you Mr. Norris for your professional domineer and genuine concern for the members of the community that took the time to leave their home and share their thoughts on this important decision Thursday night.  The DLNA is accessing the situation to determine the best course of action.

Time for that Dam Decision

Mark Your Calendar Public Hearing
April 9th, 2015 6:00pm

The Devils Lake Water Improvement District will hold a Public Hearing as part of its April 9, 2015 meeting. The meeting will start at 6pm and will be held at Lincoln City Council Chambers, 801 SW Hwy 101, 3rd Floor, Lincoln City, Oregon 97367.

“The purpose of the Devils Lake Water Improvement District public hearing will be for the board to take public input on the potential replacement of the impoundment structure otherwise known as the dam and the overall managed use and/or continuance of the District’s Water Right Certificate 69267, Permit to Appropriate the Public Waters #52672, and Permit to Store the Public Waters #R-11968.”

The Association has been informed that representatives from the District participated in a pre-application meeting to discuss the regulatory requirements of such a project.  Representative from the Department of State Lands, NOAA, DEQ, the National Forest Service, and the EPA were in attendance.

We might be able to support a well thought out improvement to the current dam, one that has been publicly vetted, is professionally engineered, has been reviewed by the required State and Federal agencies and has received all required permits.  That is not what we have here. This board feels it can remove the existing structure prior to receiving approvals to install a replacement.  There is a high potential that a replacement structure could see long delays while attempting to receive the required approvals, or it could be denied outright.  In fact, this year the District has placed their water right at risk; by not fully impounding the lake the past four seasons, all it takes is a few months delay and they will lose their water right forever.

From the highlight above you can see that this may be their intent all along, hence the phase “or continuance” in the quote from the March staff report.

How important is this meeting? We also know from past experience this board will likely take action at this meeting.  Action which could have dire consequences on summertime recreation on Devils Lake forever.

Please put this important meeting on your calendar.  We need you to attend and send a message to this board.  We have had as many as 140 at a meeting we need 280 or more.  Don’t leave spouses, family or friends behind.  Come fill the room and overflow into the hallway! Force a second public hearing and make them think twice. Buy us some time. I know we keep asking but we really need your help. Come one, Come all.

Attend DLWID March Board Meeting

Special Date – March 5th, 2015 6:00pm

The Devils Lake Water Improvement District Board meeting will be held a week early on Thursday March 5th at 6:00pm. The meeting will be held in the City Hall Council Chambers, which are located on the third floor of City Hall. We need you, the homeowners, to attend once again to make it clear to the DLWID Board that the District needs to involve the community in their decision making process.

The Board’s agenda continues to consider the replacement of the water impoundment devices (the dam) this month.  They had directed the Lake Manager to hire a consultant to gather supporting data for dam removal to present at a future public hearing. (see related article)

Agenda

Staff Reports

Minutes

Also on the docket for this month action on the Lake Managers recommendation to authorize proceeding with a direct appointment for an engineering plan and general report for an aeration/oxidation project for Devils Lake not to exceed $30,000 without additional approvals.

February DLWID Board Report

There were several important items on the Board’s agenda including the replacement of the water impoundment device (the dam). This item was brought forward by Director Randy Weldon in the November 2014 meeting. The proposal was to first remove the current dam and then try some other structure such as sandbags or water-filled flood control tubes.  The second large topic for the night was the consideration of the RFP for the aeration project.

Lake Level

Do we have an image problem. This was Kylo’s drink special tonight. The Devils Lake!

The Blue Heron Marina brought a show and tell session with the District Board. They displayed the dozen plus propellers that were damaged by low water conditions that now exist in the summer under the new lake levels approved by the Board.  He requested that the if the District is going to continue to keep the current policy perhaps they could work toward marking low water areas and other submarine dangers to prevent damage to boats and potential injury.

Dam Removal

DLNA commented on the proposed removal of the impoundment structure.  We stated that the proposed removal of the Dam seems to be justified by concerns over the sandbar which exists at the mouth of the river. We feel that the discussions related to this project have had little to do with the actual sandbar and have been primarily focused on the dam.

Perhaps the project should be renamed the “sandbar abatement project”?  From that perspective the District might come up with a different set of potential solutions to the problem rather than the single threaded view currently on the table.

We don’t disagree with a review or thought process related to the sandbar. We do question the timing and urgency of the proposed solution (dam removal).  Why does the District feel this must be done prior to this year’s impoundment?

We know from testimony last month that the sandbar has been a constant fixture in the river since the 30’s and beyond. The City has removed sand from the area in the years prior to the District’s existence; they have split the responsibility in later years.  At one time a large beach was created in the small park located at that location from the tailings of the dredging process.

We recommend that first and foremost the District should address the water right and the need to impound to 9.53’ for at least one day this year by installing the impoundment structure early enough in the season to be successful. This is the final year in the five year cycle.  This must be done in order to preserve our water right.  Let’s check off that requirement first.

After completing this important step, a study could be run and/or trials on particular solutions to reducing the sandbar.  We also felt that they should not forget the potential of dredging which has been discussed by the board but never seriously considered as an option for fear that the permitting process may be too complex.

The Lake Manager stated that he was working with  George Drake who is the from PBS Engineering + Environmental and is asking for a bid to study the project.  The information would be presented in the April Board meeting during a public hearing on the subject.  The Board did not discuss the project, not one word.

Aeration Project

The second topic that we discussed tonight is related to the aeration project RFP which did not receive a single bids by the January deadline.  We felt that a possibly reason for this was more related to issues with the RFP than the project.  Interesting this RFP was not for an actual project but only a call for qualifications, were not that sure why that was the approach, but its how the district approached it.

There were three responses from interested firms as to why the RFP was not bid.  You can review those at this link.  The following is an excerpt that is representative of the comments provided.

There were three constraints that gave us problems:

“Certification of Proposer’s willingness to acquire a performance bond as part of any potential contract that might arise from this solicitation providing for the successful project completion as designed meeting the described outcomes within the Scope of Work particularly relative to achieving the Chlorophyll a standard of 15 ug/L, a pH of 6.5 to 8.5, and the elimination of water contact advisories associated with Harmful Algal Blooms.” P. 14 of the RFP.  

We do not believe that it is possible to design a system that can live up to these guarantees without extremely high construction costs and contingencies to insure against a costly penalty. Bonding companies are unwilling to provide indemnity for work that could be significantly impacted by weather (number of sunny days, storm water flows, plant die off due to herbicide applications by others) and other factors well beyond the contractor’s control. If a claim on a bond were made, the contractor would put their bonding relationship and personal finances in jeopardy for a bet against bad weather. If a claim on a bond was made, the surety would have incredible difficulty stepping into the defaulted contractors position to accept these guarantees.

“The  General  Report  to  accompany  the  Engineering  Plan  shall  identify  all necessary Improvements including but not limited to, permits and easements and the associated costs of, and timeline for acquiring such.” P.2

We believed that this requirement would likely require relocating a full time staff member for an extended period of time (months) to identify and research all permits, easements, and to gain familiarity with the various agencies involved.  Had the District provided some direction as to which properties were potentially available, and whom to contact, this may have not been such a large roadblock.

“Works and Improvements related to this Engineering Plan and General Report, the Consultant will be prohibited from bidding on such.” P.23

Our company views engineering, construction, and maintenance roles for water bodies as a continuum. In contrast to a commercial building that can generally be handed off between architect, contractor, and janitor – a lake is a living ecosystem that sometimes does not respond favorably to handoffs.  While the design was an enticing opportunity, we would not want to preclude ourselves from the construction activity, the phase which represents the largest part of our company’s revenues.  

The staff proposed four options related to this project; split out j the engineering from the construction and bid separately, redraft the RFP’s with less stringent requirements and resubmit for bid, directly assign the engineering portion without RFP, or abandon the project in favor to longer term measures.

We advocated to redraft the RFP and create a second round of bidding.  The Board discussed options including a two phased approach or a trial on a smaller scale that the entire lake.  Then the Lake Manager began to speak and continued for 45 minutes.  In the end the Board decided to proceed with the redrafting of the RFP for review in the next meeting.

DLWID Considers Dam Removal

The Devils Lake Water Improvement District cancelled its December 11^th board meeting due to the threat of high winds. There were several important items on the Board’s agenda we would like to call your attention to the last item in unfinished business; the replacement of the water impoundment devices (the dam).

Director Randy Weldon’s report to the board states that “At our November 2014 meeting, my proposal to the board was to explore the idea of removing the concrete foundation of the current dam and using a different type of impoundment device in the summer. I suggested that we use sandbags or water-filled flood control tubes during the short recreational impoundment period instead of our current structure.” The winter edition of the District’s Clearwater Newsletter further describes this proposal; you can find a link on the right hand of the District website.

Temporary Sandbagging

Plastic Water Tubes

 

Mr. Weldon recommended the board take action during the December meeting by writing that, “The US Army Corps of Engineers and Division of State Lands Joint Permit can take up to 120 days to complete. While waiting for our permit to be approved, we could proceed with RFP’s for removal of the concrete foundation and select a contractor to do the removal work.”  We anticipate that his request for authorization will be brought forward for action during the January 8th DLWID Board meeting. We strongly recommend attending the January meeting to encourage the Board to meet with the DLNA Board as well as suggest putting the brakes on this potentially DAMaging idea that has not been through any type of public process or outreach.

The Devils Lake Neighborhood Association urges the DLWID to defer taking any action toward authorizing the creation and release of an RFP for the removal of the current dam structure. For a dam of this size Oregon does not require that the design be prepared by a professional engineer however the Oregon Water Resources Department specifically recommended the District “consult with an engineer when making changes to a dam.” 

The structure that is the subject of this discussion is considered a “small dam” as defined by the Oregon Water Resources Department. Since the proposal is to remove the current structure completely we have verified that from a regulatory perspective this would be treated as two separate projects, one for the removal of a small dam, and one for the construction of a new dam structure to replace it.  This would involve input from a minimum of 11 State,Federal and local Agencies for both the removal and construction phases of the project.  Successful completion of the removal approvals does not guarantee approval for the installation of a new structure in its place.

The proposal before the board does not include the recommended professional engineering, or any discussion of the regulatory process required.  Why would you remove the dam before you have permission to replace it? The performance of a temporary structure is unknown; the risk is high that permission to build a new permanent structure would not be granted.  A project such as this if done without the proper engineering, planning and care could severely impact access to and the use of our lake and potentially result in lower property values.

It is also possible that a properly engineered project could have a positive result.  In any case, this project is every bit as complex as the district’s ongoing attempts to restock grass carp which began in mid-2011 or the aeration project that is just getting started.  It’s a safe bet that if all these government agencies are interested in these proposed projects that the citizens that live on or near Devils Lake would also be quite interested in the same projects. The Oregon Watershed Enhancement Board Guidelines for Dam Removal devotes seven full pages to describing the importance and methods to be utilized to build organizational support through public outreach.  The district needs to take this advice to heart.  A workshop is a single component of an outreach program that is helpful but not nearly adequate to address the complexity of the projects currently underway.

The Devils Lake Neighborhood Association has offered several times to help the district build a connection with the citizens that live around Devils Lake.  Representing the citizens that live on and own the 1,473 parcels of land within our boundaries is the primary reason we exist.  We continue to offer the district an opportunity to schedule a public meeting of the DLWID and the DLNA boards so we may engage in a two way dialogue about ways we can work together toward the benefit of the lake.

Since we are nearing the end of another year; might I suggest that the Board of Devils Lake Water Improvement District make a New Year’s resolution and agree to schedule a meeting in January with the Devils Lake Neighborhood Association.  They risk so little and they have so much to gain.  No let me rephrase that, we have so much to gain.

 

DLNA Comment at DLWID Meeting

During the October 2nd DLWID Board meeting the Devils Lake Neighborhood Association was represented by Mitchell Moore and Mark Christie. The goal of our testimony was to let the District know that there are several areas where the neighbors and the District agree. We feel that relations could improve if we could find a project or two that we could work together.The following are the comments made by each DLNA representative.

Comments of Mitchell Moore.

In February we introduced you to the Devils Lake Neighborhood Association. There are several members of the DLNA here tonight. I am happy to report that since that time the Association has held several well attended public meetings in the Driftwood Library as well as at Faith Baptist Church. The great news is we are growing at a rapid rate and have received membership declarations from hundreds of residents in the neighborhood. In our meetings a consistent theme is the expression by our membership of genuine concern for the lake and a willingness to help.

I have been before you on several occasions this year to discuss how residents of the neighborhood are supportive of the majority of the projects contained in the Devils Lake Plan. While we have offered our help on several occasions we have never been contacted by the District or this Board of Directors. I am here again tonight to offer the assistance of the Neighborhood Association.

The SOS program is an example of our offer to help the District achieve their goals
During last months meeting the board engaged in quite a discussion about the SOS program even considering raising the potential award to $1,500 to encourage participation. We have a list of several homeowners who wish to make shoreline improvements to their property. Our research indicates that there are a variety of issues that have prevented the initiation of these projects.
We would propose a the district consider a few modifications to SOS that that might be more acceptable to a broader base of lakefront owners. We would suggest that Ava schedule a lakeside meeting with a few of these interested parties to learn firsthand about some of the obstacles or roadblocks for the program. The DLNA will be happy to organize these meetings.

The rhetoric and relationships between the district and the community has been strained for the past several years. We created the DLNA in the hopes it could relieve some of the pressure that exists.Recently the DLNA appeared before the City Council to help define the process of creating neighborhood associations in Lincoln City. In that meeting the DLWID Chair spoke against the members of the Devils Lake Neighborhood Association, were not entirely sure why. Our response is come before you again and stress that we want to create a cooperative environment that is beneficial for the neighborhood and the lake.

Tonight we have offered a new path, one that directly engages the public in the mission of the District. We are recommending that the DLWID board and the DLNA board come together in a workshop to engage in a two way dialogue about ways we can move forward as a team, and not adversaries. You may contact me directly to schedule this important meeting.

Thank You for your time, we look forward to a productive meeting.

Comments of Mark Christie

My message tonight is similar to that you heard from Mitch, we want you to know that there are many areas that we are willing to help. Here are a few more examples.

In the past 18 months the district has focused a lot of attention toward the potential of extending sewer service around the lake. The members of DLNA are generally supportive of exploring the idea of expanding sewers around the lake. In fact I have yet to hear anyone speak out against such a project. We must all recognize that this is a complex issue that involves detailed engineering, private right-of-ways, extensive underground construction, taxation and eventual annexation. In the spirit of improving the chances of a positive outcome we feel a DLNA representative should be at the table as this idea moves forward. Within our membership we have individuals that have decades of experience in right-of-way acquisition, utility construction and operation, and residential and commercial development that are willing to lend their expertise.

Six years ago the district established septic inspections at the number one priority for the lake. Unfortunately to date there have been zero inspections performed as a result of this program. Indeed as of today, this program has been put aside in deference to the potential of sewers. This is a program that has been universally supported in the neighborhood. It has languished because the district has made “perfect” the enemy of good! with standards and expectations that are difficult to obtain. The DLNA has developed a voluntary septic inspection program designed on the DEQ Septic Smart program as well as the DEQ inspection guidelines
The Lincoln County Onsite Waste Management Division has agreed to participated in the record keeping portion of this voluntary program. Our program has been introduced to the real estate community throughout Lincoln County. We have requested their cooperation particularly encouraging pre-listing testing of existing septics on and around the lake. We would propose the voluntary septic inspection process be adopted by the DLWID for homes outside the City and with the UGB to begin in January of 2015. The District should continue to work with the City of Lincoln City to establish a inspection program within the City based on the same DEQ inspection guidelines.

The neighborhood is thrilled that the board responded to input supplied at a public workshop on lake level and began investigating aeration for the lake. I can declare that the DLNA is 100% supportive of the RFP for aeration based on receipt of a minimum of 3 qualified bidders. We would suggest that each bidder be invited to a public Board workshop and interview process for possible adoption. Indeed to help expedite this interesting project the DLNA engaged a lake contractor this summer to collect data related to the material at the bottom of the lake from a series of core samples. These samples have been chemically analyzed and our data could be shared with the final candidates to help them better forecast the results of their proposed solution. As with sewering we must recognize that this is also a complex issue that involves detailed engineering, and very likely private right-of-ways.
We have shown that we are committed to moving this process forward would like to offer a DLNA representative to participate in the project and act as a conduit to property owners, whose land will very likely be required for siting of air compressors, power lines and air houses around the lake.

As you can see there are many areas where we can work together. This could best be initiated by the workshop previously requested, one where the DLWID board and the DLNA board discuss ways we can move forward as a team for the good of the lake and the neighborhood that surrounds it.

Thank You for your time.

Attend The October DLWID Meeting

Board Meets October 2nd, 2014 6:00pm

The Devils Lake Water Improvement District Board meeting will be held on Thursday October 2nd at 6:00pm. The meeting will be held in the City Hall Council Chambers, which are located on the third floor of City Hall. 

The Devils Lake Water Improvement District now holds its regularly scheduled Board meetings on the second Thursday of every month.  The agenda for this month’s meeting on Thursday March 14th at 6:00pm, contains several important topics.

If you cannot attend this month’s meeting; it will appear on Channel 4 for all Charter customers. You can check the Channel 4 Schedule for airing times. You may also now watch the meeting streamed lived, see the related article above. The best way to stay informed is for all lakefront homeowners and interested parties to attend these important meetings.

Agenda

Staff Reports

Minutes Sept 11