Category Archives: DLWID

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DLWID Solicits Committee Members

volunteer

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.

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Attend DLNA General Meeting

General-Meeting-10182015We 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.

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Severe Event Training Scheduled

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

SET

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.

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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.

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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.

fish_out_of_water“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.

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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.

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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!

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.

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