MARION LAKE IMPROVEMENT DISTRICT COMMITTEE

Transcription

1 MARION LAKE IMPROVEMENT DISTRICT COMMITTEE MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 1

2 MARION LAKE IMPROVEMENT DISTRICT TABLE OF CONTENTS INTRODUCTION Committee PROPOSED MARION LAKE IMPROVEMENT DISTIRCT PROPOSED BYLAWS Attachment A, Otter Tail County Proposed Resolution Attachment B, Duties and Responsibilities of the MLID Board Attachment C, 2012 Marion Lake Improvement District Election Procedures Attachment D, Marion Lake Map of Parcels within the Seventy Five Feet LAKE MANAGEMENT PLAN BY DUANE LYSNE Table of Contents Plan PROPOSED MARION LAKE IMPROVEMENT DISTIRCT Attachment: Marion Lake watershed Evaluation by Steve Henry MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 2

3 MARION LAKE Marion Lake Improvement District Committee Members: _NAME Address Telephone_ 1. Nancy Bell 6475 Delaney Ave Inver Grove Hts., MN Tom & Joni Davis Marion Lodge Trail, Perham, MN C: Bill & Lavonne Lehmpuhl 4776 Shadowglen Dr Colorado Springs, CO C: Duane Lysne N. Marion Dr. Perham, MN Robert Manfred Marion Dr. Richivlle Ellen & George Palmer P.O. Box 7, Richville MN C: John Stirewalt N. Marion Dr. Perham, MN Advisor: Paul Tongen What is a Lake Improvement District? Questions and Answers: based on the 2009 DNR LID Q & A sheet. 1. What is a Lake Improvement District (LID)? A LID is a local governmental unit, a political subdivision, established by resolution of the Otter Tail County board. A LID allows for greater local involvement in lake management activities. 2. What authorities does a LID have? In its resolution establishing a LID, the county board delegate s specific authorities to the LID, depending upon existing problems and proposed activities. Some of these may include the right to: 1. Apply for and comply with DNR and other agency and local permits and policies required for specific lake management projects; 2. Undertake lake research projects; 3. Conduct programs of water improvement and conservation; 4. Serve as local sponsor/recipient for state and federal projects or grants; 5. Maintain public beaches, docks and other public facilities; 6. Regulate water surface use; 7. Provide and finance certain local governmental services within the LID; 8. Implement a water monitoring program. Projects and activities undertaken by a LID must comply with all local, state and federal regulations. Additionally, a lake improvement district may not undertake improvement projects on any body of water unless public access is available to that lake. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 3

4 3. Who assumes responsibilities for the actions of a LID? The LID assumes all legal responsibilities for activities undertaken by the LID. In the event a district is terminated or a district fails to meet its obligations, its responsibilities and liabilities pass to the county that established the district. The LID is also responsible for preparing an annual report to the county board with a copy sent to the DNR. 4. Who runs the LID? The Marion Lake Improvement District will be managed by a board of directors consisting of seven members. All directors must be property owners in the district, and a majority of the directors must be residents of the district. The initial board of directors is appointed by the county board. The number, qualifications and terms of office are also specified by the county board. Vacancies are filled by a majority vote of the property owners at the annual meeting. 5. Besides electing directors, what else happens at the annual meeting? The LID must have an annual meeting of property owners. This first meeting must be held during July or August, and may be changed by majority vote at the annual meeting. Written notice of the meeting must be mailed to all property owners within the district, the county board, DNR, and local government at least ten days prior to the meeting. In addition to electing new directors, those present at the annual meeting must: 1.) Approve the district budget for the upcoming fiscal year; 2.) Approve or disapprove any project costing the district more than $5,000; and 3.) Discuss other district activities. 6. How do you fund LID activities? A LID does not have any taxing authority of its own; the county board specifies the funding arrangement when it establishes the LID. Typically, the LID must pass its budget recommendations through the county board for approval and actual collection. A LID can also be the recipient of grants from state and federal agencies and private foundations. To finance LID projects, services and general administration, a county may: 1. Assess costs to benefited properties; 2. Impose service charges; 3. Issue general obligation bonds; 4. Levy an ad valorem tax solely on property within the district; or 5. Any combination of the above. 7. How will the Marion Lake LID be established? The Marion Lake Improvement District will be established by county board resolution. The board adopts a resolution declaring its intent to establish a LID. A public hearing is held, and the decision is made. A public hearing must be held to discuss the merits of establishing a LID. At least 21 days before the public hearing, the county board must notify the DNR, PCA, town boards and all other local and regional governmental units and special districts within the proposed district. In addition, the county must make a reasonable attempt to notify all property owners within the proposed district of the pending resolution or petition and the public hearing. A reasonable attempt includes: 1. Mailing a notice to last known address of each landowner; 2. Publishing notice in two successive issues of the local newspaper; and 3. Posting notices in public buildings. At the public hearing the DNR advisory report is read into the record. All interested individuals may present testimony either for or against the establishment of the LID. Individuals may also present evidence suggesting how a property would be benefited or affected by the establishment of the district. The county board establishes its findings and the LID is either approved or denied. 8. ESTABLISHMENT When established, the county board must publish the order in the county s official newspaper as well as notify the secretary of state, DNR and PCA. In the order establishing the LID, the county board may modify part or the entire petition relating to district boundaries, functions, financing or organization. If the establishment is initiated by a county board resolution, there is no time constraint under which the board must act following the public meeting. 9. REFERENDUM MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 4

5 Regardless how a LID has been initiated and before the effective date of its establishment, opposed property owners within the proposed district may petition for a referendum. If 26% of the property owners within the proposed district petition for a referendum, the county board must stay the establishment of the LID and hold a special election. The special election is held within the proposed district during July or August. The county auditor certifies the election results. If a majority of those property owners voting vote no, the establishment of the district is denied. 10. TERMINATION A LID may be terminated by a county board upon the initiation of a petition signed by a majority of the property owners within the district requesting it. There is a public hearing and the board decides whether the district should continue or not. WHY SHOULD WE ASK FOR A RESOLUTION ESTABLISHING A MARION LAKE IMPROVEMENT DISTRICT? 1.) We have a clean lake and we need to be sure it is protected. 2.) Property values are directly tied to lake quality. 3.) Waiting for a problem such as invasive species to develop, may be too late to contain or eradicate the problem. 4.) An active Lake Association, an updated Lake Management Plan, and a new Lake Monitoring Committee exists to assist the LID. MARION LAKE LID COMMITTEE PROJECTED TIMELINE OCTOBER February 15, 2012: Identify MLID property coverage, identify MLID goals and projects, identify funding options, proposed bylaws, propose resolution, review the Marion Lake Management plan which Duane Lysne recently updated. February 15, 2012 March 2012: Have draft of MLID proposal and supporting material reviewed by the Otter Tail County Attorney, Otter Tail County Auditor, Otter Tail County Land and Resource Management, DNR Hydrologist, Pollution Control Agency staff, County Commissioner, and others, for corrections or modifications. Prepare mailing to all District residents March- April 1, 2012: Submit final documents to the Otter Tail County Attorney, Otter Tail County Auditor, Otter Tail County Land and Resource Management, DNR Hydrologist, and Pollution Control. Send letter & comment card to all residents. Schedule neighborhood coffee get-togethers for question and answer sessions about the Marion Lake LID to gain support of the Otter Tail County Resolution establishing a Marion Lake Improvement District. April 15- May 1, 2012: Copies of documents of support of the creation are submitted and on record with the county auditor. Notice of Public Hearing scheduled, review 2012 property owners list, encourage MLID members to attend the public meeting. June 2012: Public Hearing, time, date, and location to be determined by the Otter Tail County Board. July 2012: First MLID Meeting scheduled, with the Marion Lake Improvement District board of directors appointed by the County. August 1- August 20, First Marion Lake Improvement District budget is sent to the Otter Tail County Auditor. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 5

6 Committee Meetings October 5, Introduction, reviewed steps in creating a LID document. Long review of the types of land inclusion including discussion of the lakeshore run off, improper sewer impact on lake quality, and the Marion Lake watershed boundaries and it s role in water quality. Discussed in depth the advantages and disadvantages of each option. October 19- Review and discussed options for land inclusion in the MLID; review of the Marion lake watershed. The Committee identified landowners with any portion of their properties within seventyfive feet of Marion Lake or the man-made channel, and all property with deeded lake access to Marion Lake as the preferred group for inclusion in the MLID November 19- Reviewed and discussed all suggested possible goals of the Marion Lake Improvement District, the committee recommended the purpose of the LID be identified as preserving, improving, or enhancing water quality in Marion Lake, to include, but is not limited to, the following: 1.) Prevent and/or control any non-native, plant or animal, invasive species. 2.) Maintain and improve lake quality, continue sampling and testing, including lab expenses. 3.) Volunteer lake monitoring program established to detect non-native or invasive species. 4.) Public Access assistance for inspection and water craft compliance. 5.) Education and communication with all district members. November 29- Reviewed and had extensive discussion of Statute 103B.555 financing, identifying the five funding sources for LID s: Assess the cost of projects upon benefited property within the district in the manner provided under Chapter 429; Impose service charges on users of lake improvement district services within the district; Issue obligations as provided in section ; Levy an ad valorem tax solely on property within the lake improvement district, to be appropriated and expended solely on projects of special benefit to the district, or impose or issue any combination or service charges, special assessments, obligations, and taxes. The Marion Lake Improvement Committee designated the imposing of a service charge as the charge to all members of the district of fifty dollars for the initial two years of operation and thereafter to be set by the board of directors. In addition, the LID shall be authorized to utilize any of the statutory funding, including but not limited to levying an ad valorem tax solely on property within the lake improvement district, to be appropriated and expended solely on projects of special benefit to the district, or impose or issue any combination or service charges, special assessments, obligations, and taxes as needed to fulfill the goals of the MLID. December 7- Reviewed and discussed various LID bylaws and bylaw components; prepare a rough draft for review at the next meeting. Review the Marion Lake monitoring program, led by Paul Tongen, which is charged with organizing volunteer lake residents to monitor the lake for invasive species. Volunteers, trained in identification of invasive species, cover specific areas of the lake shore during open water. They report all finds or concerns; early control and treatment is economical and effective. December 13- Reviewed the proposed Marion Lake Improvement District Bylaws and make final suggestions for clarification and change. Schedule with stakeholders for comments & suggestions. January 13, Reviewed the bylaws, the updated lake management plan, lake monitoring plan, and scheduled for total document review by the committee and stakeholders. February 23, Review comments or corrections offered by stakeholders, and format the final Marion Lake Improvement District proposal and resolution for the Otter Tail County Board. Review plans for continuing to inform residents of the proposed Marion Lake Improvement District. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 6

7 BY-LAWS MARION LAKE IMPROVEMENT DISTRICT, OTTER TAIL COUNTY Attachment "A" Follows: Otter Tail County Board Resolution # Order to Establish Attachment "B" Follows: The Duties and Responsibilities of the MLID Board Members Attachment C Follows Marion Lake Improvement District Election Procedures, 2012 Article 1. Establishment Section 1. The Marion Lake Improvement District was established under Minnesota Statute 103B.535 by the Otter Tail County Board of Commissioners via Board Resolution # Order to Establish on, 2012 and effective 30 days thereafter. Article 2. Name / Address of District The name of this organization is: Marion Lake Improvement District (Otter Tail County). This may be referred to as The Marion Lake Improvement District or (MLID). The official address of the district shall be: Marion Lake Improvement District P.O. Box 33 Richville, MN Article 3. Definition of the Marion Lake Improvement District The Marion Lake Improvement District (MLID) is a political subdivision of the State of Minnesota. It is a local unit of government partially funded by a special taxation district authorized by Minnesota Statute 103B, Lake Improvement Districts, established by the Otter Tail County Board of Commissioners Resolution # and bound by provisions where Minnesota Statute Chapter 13, MN Open Meeting Law and Minnesota Statute 15.17, Official Records, apply. Article 4. Priority These by-laws, along with the Order to Establish referenced in Article 1, shall govern the activities of the Marion Lake Improvement District. In the event of a question of priority or interpretation, the Order to Establish shall have precedence over the by-laws. The Order to Establish is an integral part of these by-laws as Attachment A. Article 5. Purpose MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 7

8 Mission Statement The MLID has established a mission to serve as a steward of our lake, to protect, preserve, and improve the overall water quality of Marion Lake and effectively provide education and communication regarding the goals and objectives within the district. We will work cooperatively within the Marion Lake community, the Marion Lake Association, Local, County, and State government, and State Agencies to annually review and refine our goals and develop annual work plans to meet these goals. The Marion Lake Improvement District will attempt to use the best practices available for cost effective planning for the benefit of the public and property owners of Marion Lake. in maintaining, improving, and monitoring water quality; and preventing, controlling, or treating any aquatic invasive species. Goals To move closer to this mission, the MLID has set goals which include, but are not limited to, the following: Continue consistent lake quality sampling /testing Support and maintain a volunteer monitoring program to detect any aquatic invasive species Prevent, control, or treat any undesirable non-native aquatic invasive species as quickly as possible Cooperate with the Soil and Water Conservation District in improving conditions affecting lake quality Conduct programs of water improvement and conservation Encourage, promote, or establish public access assistance for inspection and water craft compliance Maintain water levels in conjunction with all government agencies as recommended Provide education and communication with all district members Utilize any and all other programs and services as provided for by law To accomplish our mission as cost effectively as possible Objectives The MLID will address these goals through the following objectives: Continuous lake testing through the Otter Tail County COLA lake testing program Provide annual supplies and educational materials for Marion Lake volunteer monitors Provide expert contact information to all lake residents for questionable lake species updated annually Participate in lakeshore soil erosion grant programs and education to assist shore owners in runoff protection and improvement whenever possible MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 8

9 Participate in grant/shared-cost inspectors, rest rooms, and literature handouts, for the DNR public access Establish data, write newsletters, and provide web contact information regarding the activities of the MLID and promote efforts to improve lake quality. Provide annual audited financial information showing conservative financial management to all members at the annual meeting and to Otter Tail County. Article 6. Membership Section 1. Boundaries of District The boundaries of the Marion Lake Improvement District shall include those properties which have any portion of land within seventy-five feet of Marion Lake, including the man-made channel, and all property with deeded lake access. Section 2. Membership Qualification Owners of any properties within seventy-five feet of Marion Lake including the manmade channel, and all property with deeded lake access to Marion Lake shall be members of the Marion Lake Improvement District. Section 3. Voting Rights (Also see Attachment B, Election Procedures) Each unique property owner (all names listed on the Otter Tail County tax records as owners of Marion Lake property within seventy five feet of the lake, including the manmade channel, or with deeded access) is entitled to one vote at the annual District meeting or at any special District meeting. No substitution or proxy voters will be recognized. Section 4. Transfer of Membership When a parcel of land is sold, membership shall transfer from the old owners to the new owners. When a parcel is sold on contract for deed, Membership shall transfer from the contract seller to the contract purchaser. When a parcel is leased or rented, Membership shall not transfer from the landlord to the tenant but remain with the property owner. Article 7. Funding Section 1. Initial Funding The committee funding and initial funding of the Marion Lake Improvement District will come from the Marion Lake Association. The first MLID funds will be raised by assessing a fifty dollar service charge to all members of the district per year for the initial two years of operation and thereafter the amount to be set by the board of directors; in addition the MLID shall be authorized to assess cost of approved projects, impose service charges, issue obligations as provided in section , levy ad valorem tax solely on property within the MLID, or impose or issue any combination of service charges, special assessments, obligations, and taxes, as needed to fulfill the goals of the Marion Lake MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 9

10 Improvement District. Supplemental funding may be raised by any of the following to include but not limited to: Taxes solely on property within the Marion Lake Improvement District to be appropriated and expended solely on projects of special benefit to the district. The MLID may also impose or issue any combination of service charges, special assessments, obligations, and taxes Federal, state and local unit of government grants Donations and grants from private parties, associations, corporations, and foundations Article 8. Parcels Eligible for Assessment of Fees All properties with any portion of land within the boundaries of the district will be subject to a fee or future assessment funding as approved at the annual meeting. The Marion Lake Improvement District Board will work closely with county staff to ensure that any assessments are assigned fairly to the properties in the Marion Lake Improvement District. Article 9. Board of Directors Section 1. Initial Board of Directors The initial Board of Directors appointed by the County Resolution will serve as a temporary board until an election is held at the 2013 annual meeting of the MLID, which will be held in July or August or the MLID designated Annual Meeting date in Section 2. Board of Directors (See Attachment C Duties and Responsibilities) The Board of Directors of the Marion Lake Improvement District shall consist of seven (7) directors with three (3) year staggered terms. Directors must be at least eighteen (18) years of age, and own real property within the Marion Lake Improvement District. MN statute states that: The initial and all subsequent boards of directors must include persons owning property within the district, and a majority of the directors must be residents of the district. Section 3. Terms The initial Directors are appointed by the Otter Tail County Board, with designated terms. At the second annual meeting in 2013, two [2] directors, having each served a one year initial term, are eligible to run for election to serve a three (3) year term. In 2014, two [2] director positions, having served a two [2] year term, will be up for election to serve a three [3] year term; and in 2015 three director positions will be up for election to serve a three [3] year term. After the first year, all Directors shall be elected to serve three-year terms. Each director may be elected to serve only two consecutive terms, or a total of no more than six consecutive years. An annual term year shall be from annualmeeting to annual-meeting. Section 4. Election of Directors MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 10

11 Elections will be held by secret ballot at the Marion Lake Improvement District annual meeting. Property owners, as identified by the County Auditor, not able to attend the annual meeting, may request an absentee ballot. Completed absentee ballots must be received at the MLID P.O. Box 33, Richville, MN 56576, at least three [3] business days preceding the annual meeting or such ballots shall be void. Section 5. Vacancies Vacancies in the Board of Directors may be filled by a majority vote of the remaining directors until the next Marion Lake Improvement District annual meeting, with the director position to be approved by a vote of the property owners at the next annual meeting. A director elected to fill a vacancy shall serve the unexpired term which shall count as one of the two allowable consecutive terms. A vacancy shall occur if any of the following events occur: Death of a director; Sale by a director of all property owned by the director within the Marion Lake Improvement District; Removal of a director for misfeasance, nonfeasance, or malfeasance in office as determined by a vote of the remaining directors; or Resignation of a director Insufficient number of Directors elected at the annual meeting Article 10. Officers / Board of Directors Section 1. Officers All Officers of the Marion Lake Improvement District (Otter Tail County) shall be Directors. Section 2. Officer Positions The Officers shall consist of President, Vice President, Secretary and Treasurer. These officers comprise the Executive Committee. Section 3. Election of Officers Officers will be elected by the Board of Directors from among its members at the first scheduled board meeting to occur within two (2) weeks following the Annual Meeting at which new Directors are elected. Election will be by secret ballot if more than one person is nominated for any office. Section 4. Duties of Officers The President shall call for and preside over all District Board meetings and the Marion Lake Improvement District (Otter Tail County) Annual Meeting, and/or MLID special meetings and shall see that the By-laws and any rules and regulations as adopted by the District and the Board are enforced. The Vice President shall preside in the absence of the President and perform duties normally associated with this office, including other duties as may be assigned by the MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 11

12 board, such as heading the Audit Committee or other special committees as may be designated. The Secretary shall be responsible to keep accurate records of all memberships and meetings of the Board of Directors; regularly submit minutes, correspondence, committee reports, and notices to the Board of Directors; and perform other duties normally associated with this office. The Treasurer shall present a financial statement at each meeting and shall perform all other duties normally associated with this office. The Treasurer shall approve all invoices for purchases or services previously approved by the Board of Directors and submit them for payment. Annually, or as required, the Treasurer will submit to the State, County, or any regulatory agency any financial reporting as is required. Article 11. Directors Meetings Section 1. Meetings Directors are to hold a minimum of two meetings annually, in addition to the Annual Meeting of the Membership, as shall be scheduled by the President or Vice President in the Presidents absence, or by a majority of the remaining members of the Board. Special meetings may be called by the President or Vice President or by three members of the Board of Directors, as may be required to carry out the activities of the Board. Section 2. Open Meetings The provisions of Minn. Stat. Chap. 13D, which requires open meetings, apply to all meetings of the Board of Directors. Section 3. Voting / Quorum Voting rights are restricted exclusively to Directors only. A majority of the Board of Directors duly serving shall constitute the quorum for the transaction of business. Section 4. Notice of Meetings There shall be at least ten days prior notice given in writing or to each Director for any regularly scheduled meeting. In the case of special meetings, written or electronic notice shall be given to Directors not less than three days previously. In either case, any Director may waive such notice by written or electronic notice to the Secretary. Article 12. Annual Meeting of District Section 1. Time The Annual District Meeting shall be in the month of July or August of each year unless changed by vote at the previous annual meeting as allowed by MN Statute. Section 2. Notice Notice of the annual meeting will be provided by the Board of Directors in accordance with the requirements in Minn. Statute 103B.571 which states: The annual meeting shall be preceded by two weeks' published notice and written notice mailed at least ten days in advance of the meeting to the county board or joint county authority, town boards and statutory and home rule charter cities wholly or MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 12

13 partially within the district, the Pollution Control Agency, commissioner of natural resources, and if there is a proposed project by the district having a cost in excess of $5,000, all property owners within the assessment area. The MLID annual meeting shall exceed these requirements with written notice provided almost two months preceding the meeting. Section 3. Election Procedures (See Attachment C for election procedures.) Section 4. Agenda At the annual meeting the District, property owners present shall: a. Elect one or more members to fill any vacancies or expired terms in the Board of Directors; b. Approve a budget for the fiscal year; c. Approve or disapprove proposed projects for the District having a cost to the District in excess of $5,000; d. Approve taxes or assessments to satisfy budget requirements; and e. Take up and consider other business that comes before them. At the annual meeting all district property owners, including absent members as provided in the order establishing the district, shall elect one or more directors for board positions with expiring terms. Article 13. Committees The President, with the approval of a majority of the members of the Board of Directors at any regular or special meeting may create and appoint such additional committees as deemed necessary to include but not limited to: Nominating, Lake Monitoring, Compliance, and Elections. The head of each committee shall be a board member who will regularly report to the Board of Directors on his/her committee s progress. Committees requiring funds for purposes of its work shall make application to the Board of Directors in writing with a full statement of the funds required and the purposes for which such funds are to be used. Upon request of the Board of Directors, the committee shall meet with the Board at any regular or special meeting thereafter to review the request and secure approval of the same. Article 14. Budget A budget must be approved by a majority of all owners voting in the annual meeting each year. Any projects in excess of $5,000 must be approved by a majority of the property owners at an annual meeting. In the annual budget for the district, which will be submitted to Otter Tail County following the annual meeting and before August 30th each year, the Board of Directors will include sufficient funds to cover the costs of administering the District. Article 15. Expenditure / Receipt of District Funds MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 13

14 All request for funds, whether individually or for project expenditures, must be submitted to the Board of Directors. Expenditures for a proposed project in excess of $5,000 must be approved by a majority of the property owners within the District. Should any committee require funds for purposes of its work not included in the budget, the committee shall make application to the Board of Directors in writing with a full statement of the funds required and the purpose for which the funds are to be expended. Upon request of the Board of Directors, the committee shall meet with the Board at any regular or special meeting thereafter to review the request and secure approval of same. No committee shall expend unbudgeted funds without the approval of the Board of Directors of the Marion Lake Improvement District. All invoices or claims for expense reimbursement must be signed off by at least one member of the board that is not the signatory on the claim voucher and the Board Treasurer, or designated person from the board. All funds secured by donation, fund raising, or from any committee shall be turned over to the Board of Directors. Accounting functions will be performed as required and arranged by the Board of Directors. Article 16. Fiscal Year The District fiscal year shall be a calendar year January 1 through December 31. Article 17. Rules of Order The rules contained in the current edition of Roberts Rules of Order (Revised) shall govern the convention in all cases to which they are applicable and which are not governed by the by-laws of the district. Article 18. Insurance In order to adequately protect the Marion Lake Improvement District, the Board of Directors will maintain adequate insurance coverage for the district, including Liability Insurance and Directors and Officers Liability Insurance. Article 19. Records As a government entity, the provisions of Minn. Stat. Chap. 13 (the Minnesota government data practice act) apply to data of the Marion Lake Improvement District. Records necessary to a full and accurate knowledge of official activities must be made and preserved by the district in accordance with Minn. Stat. # Subd. 4. Article 20. Annual report. Each year the board of directors shall prepare and file a report of the financial conditions of the district, the status of all projects in the district, the business transacted by the district, other matters affecting the interests of the district, and a discussion of the directors' intentions for the succeeding years. Copies of the report shall be transmitted to the county board or joint county authority, town boards and city councils of statutory and home rule charter cities wholly or partially within the MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 14

15 district, the commissioner of natural resources, and the Pollution Control Agency by four months after the annual meeting. Article 21. Amendment of By-Laws The By-Laws may be amended and require approval by a majority of the District members at a scheduled MLID full membership meeting. Article 21. Otter Tail County and Government Contact The MLID Board will be responsible for maintaining contact relationships with The Marion Lake Association, East Otter Tail SWCD, Otter Tail County, DNR, Pollution Control, towns and townships, for the purposes of conducting the business of the Marion Lake Improvement District. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 15

16 Attachment A RESOLUTION OTTER TAIL RESOLUTION Request by the Marion Lake Association, the Marion Lake Improvement District Committee to the County Commissioners of Otter Tail County, Minnesota, to establish the Marion Lake Improvement District by Resolution of the Otter Tail County Board of Commissioners. WHEREAS, Minnesota Law pervades that in order to preserve and protect the State of Minnesota and to increase and enhance the use and enjoyment of its lakes, it is in the public interest that there be established a statewide lake improvement program to preserve, protect, and improve the quality of lakes; and WHEREAS, Minnesota Law permits the creation of lake improvement districts initiated by the request and upon resolution by the County Board, and WHEREAS, the Otter Tail County Board of Commissioners has received a request from the Marion Lake Association and the Marion Lake LID Committee who have reported that more than fifty percent of the property within the boundaries of the proposed lake improvement district are in support of its establishment, and copies of documents of support of the creation are on record with the county auditor, and WHEREAS, the Marion Lake Improvement District has submitted a request to Otter Tail County to establish an improvement district to address maintaining and improving lake quality; lake management; lake monitoring; prevent, treat, and control any aquatic invasive species, and provide related services to Marion Lake, and WHEREAS, there are no immediate problems identified forcing the creation of a lake improvement district, but this creation follows the intent of the legislation to be pro-active in creating tools to deal with problems before they arrive and insure the immediate and effective remedies are achievable for lake issues, and WHEREAS, the public access on the South East corner of Marion Lake, owned and operated by the Department of Natural Recourses, was recently upgraded and additional exposure to invasive species is possible, and WHEREAS, a map showing the boundaries of the proposed district, the number and location of permanent homes and seasonal dwellings with riparian rights, the scale and basic geographical information is on record with the county auditor, and WHEREAS, there are proposed to be seven directors for the district, and WHEREAS, there is no surface water ordinance regulating Marion Lake, but the Otter Tail County Shoreland Management Ordinance, copies of which are available at the County s Office of Land Management, regulates the shoreline including the public access, and MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 16

17 WHEREAS, The proposed district has an Estimated market Value, of $ ( Land- $ And Buildings-$ ) and a Net Tax Capacity of $ ; and WHEREAS, all documentation mentioned herein on record with the County is available for review on the County s website: NOW, THEREFORE, IT IS HEREBY RESOLVED that the Otter Tail County Board of Commissioners hereby declares its intent to establish the Marion Lake Improvement District. 1. The name of the proposed Lake Improvement District shall be: MARION LAKE IMPROVEMENT DISTRICT 2. The boundaries of the proposed lake improvement district shall include all parcels with Riparian Rights, or any portion of property within seventy-five feet of the lake including the man-made channel, or have deeded access to Marion Lake. As the use of agricultural lands within a one thousand foot boundary of the district changes to non-agricultural use, the district may, by confirming the change of use to the County Auditor and Assessor, and by notifying the owner of the property and administrator of the Otter Tail County Department of Land and Resource Management include those formerly agricultural lands in the district. 3. The water and related land resource management programs to be undertaken by the District include and project to preserve, improve, or enhance the water quality of Marion Lake, to include but are not limited to: Prevent, control, and/or eradicate any non-native aquatic invasive species. Maintain and support water quality sampling/testing, including lab expenses; Maintain and support lake quality through the volunteer lake monitoring plan to detect invasive species; Promote and support DNR Public Access assistance, inspections, and water craft compliance; Promote and maintain education and communication with district members; Receive financial assistance from and participate in projects or enter into contracts with federal and state agencies for the study and treatment of water pollution problems, invasive species, and related demonstration programs; Undertake research to determine the condition and development of the body of water included within the district in cooperation with the Department of Natural Resources, The Minnesota Pollution Control Agency and other interested authorities; Enter into cooperative agreements with the Federal or State government or other County or city governments to maintain water quality and level, or other land resource programs; Conduct programs of water improvement and conservation; Serve as a local sponsor for state and federal projects or grants; Cooperate with all agencies regarding lake water level as deemed necessary and reasonable; Complete goals identified in the MLID bylaws and/or updated lake management plan; Other such programs, plans, studies, developments, or implementations as are allowed or permitted by law, and approved by the County Board from time to time. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 17

18 4. The Otter Tail County Board may delegate to the Marion Lake Improvement District pursuant to Minnesota Statute 103B.551, Subd. 3 authority to: (a) acquire by gift or purchase an existing dam or control works that affects the level of waters in the district; (b) construct and operate water control structures that are approved by the commissioner of natural resources under section 103G.245; (c) undertake projects to change the course current or cross section of public waters that are approved by the commissioner of natural resources under section 103G.245; (d) acquire property, equipment, or other facilities, by gift or purchase to improve navigation; (e) contract with a board of managers of a watershed district within the lake improvement district or the board of supervisors of a soil and water conservation district within the district for improvements under chapters 103C and 103D; (f) undertake research to determine the condition and development of the body of water and the water entering it and to transmit the results of the studies to the Pollution Control Agency and other interested authorities; (g) develop and implement a comprehensive plan to eliminate water pollution; (h) conduct a program of water improvement and conservation; (i) construct a water, sewer, or water and sewer system in the manner provided by section or other applicable laws; (j) receive financial assistance from and participate in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and related demonstration programs; (k) make cooperative agreements with the United States or state government or other counties or cities to effectuate water and related land resource programs; (l) maintain public beaches, public docks, and other public facilities for access to the body of water; (m) provide and finance a government service of the county or statutory or home rule city that is not provided throughout the county or, if the government service is provided, the service is at an increased level within the district; and (n) regulate water surface use as provided in sections 86B.205, 103G.605, and 103G Funding for the lake Improvement district shall be as follows: (a) Start-up funding will be provided by the Marion Lake Association. (b) The Marion Lake Improvement District annual service fee will be fifty dollars for the initial two years of operation to all members of the district and thereafter the fee and any additional funding to be set by the board of directors. (Minnesota Statute 428A.05 Chapter 429.) (c) Marion Lake Improvement District activities may further be funded by the following: (1) Accessing the costs of the projects upon benefited property within the district in the manner provided under chapter 429; (2) Imposing service charges on the users of lake improvement district services within the district; (3) Issuing obligations as provided in section ; MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 18

19 (4) Levying an ad valorem tax solely on property within the lake improvement district, to be appropriated and expended solely on projects of special benefit to the district; or (5) Imposing or issuing any combination of service charges, special assessments, obligations, and taxes. 6. The Administrator of the Otter Tail County Department of Land and Resource Management shall be responsible for supervising the programs of the district MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 19

20 Attachment B MLID Board Member Responsibilities The Marion Lake Improvement District (MLID) Board will meet as necessary to conduct the business of the Marion Lake Improvement District. The following are the anticipated responsibilities of the Marion Lake Improvement Board. Actual meeting dates and the responsibilities of the Marion Lake Improvement District will be decided by the LID Board in accord with the Otter Tail County resolution. The MLID Board will attempt to conduct its business with at least two meetings annually. Meetings will be held to ensure preparations are in place to effectively monitor and control of aquatic invasive species, to prepare for the annual meeting, to review the effectiveness of control procedures and to take action as needed to perform the responsibilities of the MLID, including budget preparation. The MLID Board will conduct the first annual meeting for the Marion Lake property owners in July or August of Future MLID meetings may be set for the same day and either precede or follow the Marion Lake Association Annual Meeting if so designated at the first annual meeting. The annual meeting will provide an opportunity for property owner input and questions and outline plans for improving lake quality, education, monitoring, and identifying and controlling any invasive species. The MLID Board will select the officers of President, Vice President, Treasurer and Secretary from the LID Board members as soon as feasible after the Annual Meeting. The MLID Board will work with and attempt to maintain a good relationship with the Marion Lake Association, East Otter Tail SWCD, Otter Tail County, MN DNR, MN Pollution Control, towns and townships, and other government agencies for the purposes of conducting the business of the Marion Lake Improvement District. The LID Board will be responsible for seeking appropriate grants that may be available from government agencies or civic organizations. The LID Board acting as an agent for the Marion Lake Property owners will define and administer its responsibilities to ensure that any contracted services will be successful. The MLID Board will take appropriate action on all other issues pertaining to the mission and goals of the MLID. The MLID shall prepare and file a report of the financial conditions of the district, the status of all projects, the business transacted, other issues, and a plan for the succeeding years, with the county, township, and cities within the district, and other state agencies within four months of the annual meeting. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 20

21 THE MARION LAKE IMPROVEMENT DISTRICT BOARD OF DIRECTORS AS APOINTED ON, 2012, BY THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS One year appointment, position will be up for election in 2013 Nancy Bell 6475 Delaney Ave Inver Grove Hts, MN Ellen Palmer P.O. Box 7, Richville C: Two year appointment, position will be up for election in 2014 Robert Manfred Marion Dr. Richville Bill Lehmpuhl 4776 Shadowglen Dr Colorado Springs, Co C: Three year appointment, position will be up for election in 2015 Duane Lysne N. Marion Dr. Perham Tom Davis Marion Lodge Trail, Perham, MN C: Gary Volk 2651 Whispering Creek Circle C: #303, Fargo, ND ADVISORS: John Stirewalt, Data Specialist Paul Tongen, Chair, Lake Monitoring Committee Dr. George Palmer, COLA representative MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 21

22 Attachment C MLID Election Procedures I. Filing for Office of Director a. Eligibility. Individuals must be unique property owners with a portion of property within seventy-five feet of the lake including the man-made channel or deeded access to Marion Lake, Otter Tail County. A majority of the board must be MLID residents. b. Candidates for the board of Directors. Candidates shall be 18 years of age and submit a letter of interest within the stated filing period. Each term is for three years. The letter shall contain the following information: i. The candidate s legal name and the name by which the candidate is commonly and generally known in the community; ii. The address(s), telephone number(s), and address(s) of the individual; iii Identify MLID resident status iv. The signature of the individual. v. The reason the candidate is running for office. vi. The Letter shall be delivered to the board or mailed to: Marion Lake Improvement District P.O. Box 33 Richville, MN c. Filing Period. Letters of interest or nominations for candidacy shall be filed not less than six (6) weeks before the annual meeting. II. Election Procedures a. Time Table: i. Two months prior to the Annual Meeting: Notice of Annual Meeting, elections, board openings, and absentee ballot information to all MLID members The MLID Nominating Committee contacts perspective directors and prepares ballot ii. One month prior to Annual Meeting: Absentee ballots are printed and sent to MLID members requesting one. iii. Three business days prior to Annual Meeting: MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 22

23 III. Absentee ballots must be returned to MLID, and are counted during the annual meeting election. b. Eligibility. Eligible voters include all the members of the Marion Lake Improvement District. Each unique property owner (all name or names listed on the county tax records as owners of property) is entitled to one vote. No substitutions or proxy votes are accepted. c. Voter Eligibility List. The Board of Directors shall work with Otter Tail County to update the list of eligible voters in a timely manner for notification of the annual meeting notice. d. Balloting. i. The Board of Directors of the Marion Lake Improvement District shall conduct all elections at the annual meeting. Nominations shall not be accepted from the floor during the annual meeting. ii. Absentee ballots shall be mailed to any eligible voter requesting one three weeks prior to the annual election. iii. Completed absentee ballots shall be mailed to the Marion Lake Improvement District, P.O. Box 33, Richville, MN iv. Absentee ballots not received by 9a.m. three (3) business days prior to the annual meeting are void and shall not be counted. e. Retention of Election Materials. The Board of Directors shall retain all election materials returned to them after any election for at least 12 months from the date of that election. All election materials involved in a contested election must be retained for 24 months or until the contest has been finally determined, whichever is later. Tabulation of Results. a. Ballot counting shall occur at the annual meeting. b. In the event of a tie, one recount shall be conducted. If a tie persists, a coin-toss shall determine the winner. Election results will be communicated on the web site, by , newsletter, and or other available means and be available at the next scheduled board meeting. MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 23

24 Attachment D - Parcels within 75 buffer of Marion Lake MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 24

25 Marion Lake Association LAKE MANAGEMENT PLAN Printed 2006 Revised 2012 MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 25

26 LAKE MANAGEMENT PLAN MARION LAKE ASSOCIATION This report was first assembled in 2006 under the direction of the Marion Lake Association, Otter Tail County, Minnesota, based on the recommendations and suggestion of the Coalition of Lakes Association, also known as COLA. It was brought up to date in January, 2012, and reviewed by the LID committee while in the process of creating a Lake Improvement District. It was authored by Duane Lysne, a member of the Marion Lake Association, with contributing information from: Marion Lake Residents Marion Lake Association Marion Lake Improvement District Otter Tail County GIS Department Otter Tail County Land and Resource Department Minnesota Department of Natural Resources, D.N.R. Minnesota Pollution Control Agency, MPCA Minnesota Office of Secretary of State Citizens Lake Monitoring Program, CLMP MARION LAKE IMPROVEMENT DISTRICT COMMITTEE Page 26