1 year later, Hartley pool still empty

The one-year anniversary of Hartley's new pool was observed with a celebration similar to its ribbon-cutting last June.

There was none.

"I understand that the residents of Hartley are eager for an update, but unfortunately I am not able to provide any substantive update or comment at this time," Hartley City Attorney Brandon Krikke said last week.

Information and updates about the pool have been fleeting since its indefinite closure was announced last summer. It was supposed to open in June of 2022, but a failed state electrical inspection forced local officials to shelve those plans.

The city council has not discussed the situation in open meetings for several months. Legal counsel has directed members to remain quiet while the city awaits a resolution to the matter.

"I would love to comment on progress. I really would," said Mayor Rodney Ahrenstorff. "It's a thorn to everybody's side."

Just like he did in the months that immediately followed news of the pool's indefinite closure, Krikke has met with the council several times in closed session this year – six to be exact. In each instance, the council has cited Iowa Code Section 21.5 (1)(c). The law permits governmental bodies to meet behind closed doors "to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation."

• The problem

The new aquatic center could not pass a state electrical inspection due to errors made during the construction process. According to information previously presented to the council, Eriksen Construction and the pool's subcontracted electrician, Phillips Electric, of Spirit Lake, didn't follow inspection rules mandated by National Electric Code 680 (NEC 680).

All metal objects in the pool and surrounding areas must be connected by a copper wire in a process called "equipotential bonding." The method is used as a safety measure to reduce the risk of severe shock should stray voltage polarize one of the objects in the pool.

The bonding wire must be inspected by a state or local electrical inspector before it gets buried under concrete to ensure the work was done properly. The inspections didn't take place at Hartley's pool during the construction process, a fact that wasn't known until after a vast majority of work was completed.

State regulations require new pools to follow guidelines set forth in NEC 680. The specs also stipulated that all electrical work follow NEC 680.

After attempting to reach several work-around solutions, the Iowa Department of Public Safety ultimately decided it could not approve the pool for public use based on the lack of inspections. Neither the pool's design engineer nor state inspectors could verify that bonding work completed at the pool was done properly.

• Solution still being debated

A proposal to remedy issues at the pool received tentative approval by a state board on Aug. 18.

The Iowa Electrical Examining Board (IEEB) approved a plan that would address electrical inspection failures at the pool, but it came with several stipulations. The council has not discussed the plan in open session this year.

As per official minutes from the board's Aug. 18 meeting, the motion unanimously approved by IEEB members outlined the following:

"...Continue to work with their general contractor and their new electrical contractor, on–site, to verify that the rebar is installed correctly for the pool shell, per the scope of work provided, tied, bonded and completed correctly, along with the original engineer's certification to the IEEB and the city specifying the rebar in the pool shell was installed in accordance with their designed plans, scope of work, and the 2020 NEC. Also for the electrical inspector to visibly verify additional metering tests performed on-site by the new electrical contractor for reassurance of pool bonding integrity of 5 ohms or less per specifications resistance."

The IEEB's agenda from its April 20 meeting featured the item "Waiver Request Hartley Aquatic Center Remediation Plan." Minutes from the meeting have not been published on the board's website.

The Sentinel-News requested a copy of the minutes, but was rejected.

"The minutes are still under review by the electrical examining board and will be updated on our website when they are approved," wrote Valorie Nissen, a clerk specialist with the Iowa Department of Public Safety, in an email.

The Sentinel-News then requested a copy of the unofficial minutes, but was again rejected.

"Unfortunately we cannot," Nissen responed.

The board is slated to meet next on June 15. An agenda for the meeting had not yet been posted to its website as of Wednesday morning.