HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/15/19990
Minutes of the Special Meeting of the
Otter Tail County Board of Commissioners
Perham VFW
Thursday, July 15, 1999
The Otter Tail County Board of Commissioners convened Thursday July 15th, 1999, at 7:00 p.m. at the Perham VFW with
Commissioners Roger Froemming, Malcolm Lee, Andy Lindquist, Syd Nelson and Virginia Portmann present.
Other county staff in attendance were David Hauser, County Attorney, Bill Kalar, Land and Resource Director and Wayne
Stein, County Auditor.
The purpose of the special meeting was to conduct a public hearing for the pu.rpose of discussing and considering the
establishment, by a resolution, of the Otter Tail County Board of Commissioners the Otter Tail County Pine Lakes
Improvement District. The district would include Big and Little Pine Lakes, the Toad and Otter Tail Rivers from the Becker
County line to the outlet of Big Pine Lake, the Mud and Rice Lakes on the Otter Tail River and Dead Lake on the Todd
River.
Chairman Nelson called the meeting to order at 7:00 p.m. Chairman Nelson greeted those in attendance, introduced the
county personnel and shared opening remarks. Chairman Nelson informed those in attendance that David Hauser,
County Attorney, would be the moderator for the evening and then called upon Mr. Hauser for his remarks.
David Hauser, County Attorney, informed the group that the county had received a request from the Big and Little Pine
Lake Property Owners Association for establishment of the Otter Tail County Pine Lakes Improvement District by
resolution of the Otter Tail County Board of Commissioners. Mr. Hauser noted that before the County Board of
Commissioners can establish a lake improvement district a public hearing must be held and the County Board must find
the following: ·
1. the proposed district is necessary or that the public welfare will be promoted. by the est~blishrt!ent of the district;
2. the property to be included in the district will be benefited by establishing the district; and
3. the formation of the district will not cause or contribute to long-range environmental pollution.
Mr. Hauser also indicated that should.the County Board of Commissioners make the above referenced findings then a
resolution establishing, by an order of the County Board, a lake improvement district would also include the following:
1. the boundaries of the district,
2. the water and related land resource management programs to be undertaken in the district,
3. how the district and its programs will be financed,
4. the county officer or agency that will be responsible for supervising the programs,
5. the name of the district and
6. the number, qualifications, terms of office, removal and filing of vacancies of the board of directors.
Mr. Hauser then informed the group that the balance of the meeting would proceed as follows:
the committee to form the lake improvement district would make a presentation followed by questions, suggestions,
comments and discussion from those in attendance regarding the establishment of the proposed lake improvement
district.
() Mr. Hauser then introduced Carl Annalora, Co-Chairmen for the Lake Improvement District Committee, who began his
presentation by introducing the following members of the Lake Improvement District Committee on the panel for this
hearing:
Robert (Bob) Johnson, Co-Chairmen for the Lake Improvement District Committee,
George Taylor,
Jerry Walsh,
David Reeder, President, Little Pine Lake Property Owners Association, and
Sylvia Soeth, President, Big Pine Lake Property Owners Association.
Mr. Annalora reviewed for those in attendance where they have been and how they got to point of requesting the
establishment of a lake improvement district. Mr. Annalora showed a slide presentation of some of the projects that have
been accomplished through funding provided by a State of Minnesota Challenge Grant. He noted that work was only
done where needed and wanted. It was noted that this grant was co-sponsored by Otter Tail County and was under the
supervision and direction of the County Land and Resource Department.
Mr. Annalora stated that the problem affecting the water quality of the area being proposed for inclusion in the lake
improvement district is phosphorus. The implementation of best management practices can assist with this problem and
a lake improvement district is necessary to continue the work of the challenge grant, which has started the process of
improving the quality of the water.
Mr. Annalora indicated that a lake improvement district is necessary because the Upper Otter Tail Watershed
Improvement Project sponsored by Otter Tail County, and funded by a State Challenge Grant is in its final stages. He
noted that much has been accomplished both along the lakeshore and the shores of the Otter Tail and Toad Rivers. He
further noted that it is the desire of the committee to continue to maintain and preserve the accomplishments of this
project by the establishment of a lake improvement district.
Q Mr. Annalora indicated that the purpose and objective of the lake improvement district is to provide a. cneans by which the
property owners can meet and deal with their specific needs relat!ng to water quality. He also noted that any and all
proposed activities and projects will be consistent with the County's shoreland management ordinance and performed in
conjunction with the Department of Land and Resource Management. It was noted that some projects might also require
review by various other state agencies.
0
Mr. Annalora indicated that the primary purpose for the lake improvement district would be to manage the lakes and rivers
proposed for inclusion in the lake improvement district for the maintenance, enhancement and improvement of their water
quality by:
1. conducting or participating in studies that define, evaluate, recommend, and implement appropriate programs and
practices to address water quality concerns,
2. by working in conjunction with the Otter Tail County Land and Resource Management Department and Soil and
Water Conservation District to recommend best management practices as they related to water quality in the
proposed district.
Mr. Annalora indicated a lake improvement district is eligible for various grants, can levy a property tax, with the approval
of the County Board of Commissioners, or could levy special assessment for certain projects if appropriate. He also noted
that a lake improvement district can acquire property either by donation, or purchase for its use, and that it can enter into
cooperative agreements with Federal, State and County agencies.
Carl Annalora addressed the following major concerns that had been expressed since the scheduling of this hearing:
1. the Lake Improvement District will have unlimited tax authority,
Mr. Annalora noted that the County Board of Commissioners has authority over the amount of taxes that can be
levied and the membership of the district at its annual meeting establishes a budget for the lake improvement
district.
0 2. the Lake Improvement District will have an unlimited ability to spend,
Mr. Annalora noted the annual meeting and budget process and addressed how the membership must approve a
budget at the annual meeting, as well as, approving or disapproving of any proposed project having a cost to the
district in excess of $5,000.
3. the board of directors of the Lake Improvement District will assign themselves a high salary,
Mr. Annalora noted that compensation for the directors is determined by the membership of the district at the
annual meeting.
4. the State or County should take care of the water quality issues, and
Mr. Annalora noted that local grass root decisions are more desirable. He noted that we have a shoreland
ordinance and comprehensive water plan to assist and guide local actions.
5. the Lake Improvement District will be top heavy with administrative and technical staff.
Mr. Annalora noted that the formation of a lake improvement district does not require the hiring of staff. He noted
that existing technical staff of other agencies would be the source of technical support for the lake improvement
district. Technical support is available from the Department of Natural Resources, the Land and Resource
Department etc.
Carl Annalora then called upon Bob Johnson for a review of what needs to be accomplished before a district can be
established and for a review of what programs will be undertaken should the district be established by the County Board
of Commissioners. ·
Q Mr. Johnson stated that the district would need to be named. The committee is suggesting tha~ the P,r.oposed lake
improvement district be named the Otter Tail County Pine Lakes l_mprovement District. He also stated that the boundaries
of the district would need to be established. He noted that the committee is recommending that the boundaries of the
proposed district shall included any and all parcels that include lake/water frontage along the shores of Big and Little Pine
Lakes, any and all parcels within 300' of the shores of the Otter Tail Rivers from the Becker County line to the outlet of Big
Pine Lake and any and all parcels within 300' of the Toad River from the Becker County line to Big Pine Lake, including
the shores of Rice and Mud Lake on the Otter Tail River and Dead Lake on the Toad River.
0
Mr. Johnson listed the following water and related land resource management programs that are being recommended for
inclusion by the committee:
1. Develop and implement a comprehensive plan to improve water quality,
2. Apply for private or public grants and/or enter into contracts with federal and state agencies for the study and
treatment of pollution problems and related demonstration programs,
3. Enter into contracts with private contractors for the study and treatment of pollution problems and related
demonstration programs,
4. Undertake research to determine the condition and development of the bodies of water included within the
lake improvement district and to transmit the studies to the Land and Resources Management Department,
the Department of Natural Resources, the Minnesota Pollution Control Agency and other interested
authorities,
5. Make cooperative agreements with the United States or state government or other county or city to effectuate
water and related land resource programs,
6. Conduct programs of water improvement and conservation,
. 7. Implement a water quality monitoring system,
0
0
8. Serve as local sponsor for state and federal projects or grants,
9. Provide input to soil and water conservation district regarding surface water use applications as deemed
necessary and reasonable,
10. Plans, studies, developments, and implementations as are allowed or permitted by law and approved by the
County Board from time to time, and
11. Coordinate with the proper government agencies for the planning and installation of cluster or community
sewage and/or water supply systems.
Mr. Johnson noted that the committee has raised $10,000 from the Big and Little Pine Lake Associations as start up
funds. The committee is recommending that the district's activities shall be subsequently funded by assessment of costs
of projects upon benefited property within the district, by imposition of service charges on users of the lake improvement
district services within the district and by the levy of an ad valorum tax on the property within the district. It was noted that
the Otter Tail County Board of Commissioners has restricted the availability of the ad valorum tax and that it would be a
goal of the proposed district to finance its activities with grant dollars.
Mr. Johnson also noted that the committee has recommended a nine member board of directors with membership as
follows:
3 from Little Pine Lake,
3 from Big Pine Lake,
1 from the Todd River,
1 from the Otter Tail River and
1 member-at-large.
Mr. Johnson then turned the meeting back to David Hauser, County Attorney, who then opened the meeting to those in
attendance, for discussion of the information presented, for suggestions, comments and questii:,ns. . •
It should be noted that 118 individuals signed the attendance roster and that the County Auditor prior to the public hearing
received twelve letters. A number of individuals addressed the County Board and shared their suggestions, comments
and questions. The following is a brief summary of the discussion that was a part of the public hearing:
1. Many individuals shared their personal history of the Pine Lakes and surrounding area. They expressed their
concern for how the quality of the water has deteriorated over the years, they noted the improvements that had been
made over the past few years and they indicated that for the water quality improvement to continue, the next logical
step would be the formation of the lake improvement district.
2. Concerns for the health of the lakes and their future should a lake improvement district not be established were
expressed.
3. Concerns with additional taxation and regulations were shared. It was noted that the lake improvement district would
not have regulatory or permitting authority. It was also noted that every effort would be made to keep taxation at a
minimum and to use those dollars as leverage when obtaining other grant funds.
4. Concern with an additional level of government was noted and it was suggested that existing agencies and programs
already in place should be used rather than creating another level of government.
5. Questions were asked as to the need to establish this district, and if the district could be funded totally with grant
dollars/soft money or would taxation become necessary for the district to survive.
6. Concerns were expressed with the proposed membership of the board of directors. A landowner within the river
portion of the district did not feel that this area was receiving adequate representation if you consider the amount of
shoreline on the river.
7. Questions were expressed as to how the lake improvement district would be organized and managed and who would
control the district and its projects. It was noted that the Otter Tail County Commissioners would appoint the first
board of directors, and after that the membership of the district elects its representation at its annual meetings.
0
0
..
9.
Membership was discussed. Who is a member and how does a member participate. Is the membership the same
as the membership for a lake association. What is the relationship of a lake improvement district to the lake
association. It was noted that any and all property owners within the district are members. How actively they
participate is totally up to them.
It was suggested that the people knew what needed to be done and that they should do what needs doing and not
create another level of government.
10. The amount of time and effort that the committee and other volunteers have put into this proposal and the work that
already has been done was recognized and many felt that their effort and work should be continued and would be
continued if a lake improvement district was established.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
It was stated that a lake improvement district is a good idea and one that should be supported.
It was noted that a lake improvement district is a pass through agency that can raise funds and use technical
assistance from other agencies to improve the quality of the lakes and rivers and that this effort should be supported.
Questions were raised as to what was causing the problems in the water quality and if there were solutions.
What is the mission of the lake improvement district. Is it to monitor water quality and educate landowners as to how
best to protect the quality of the water or will it have regulator and permitting authority.
Concerns were expressed as to what would or what has happened in Becker County as the quality of our water can
be affected by what flows out of Becker County into Otter Tail County.
It was noted that a lake improvement district would be one way to assure that quality leadership would exist in the
future to continue the water quality programs and to aggressively seek grant dollars that could fund additional
projects within the district.
It was stated that the formation of a lake improvement districi is proactive and should be supported by the County
Board of Commissioners.
A lake improvement district would empower a group of individuals to identify problems affecting water quality, to take
ownership of those problems and would provide them with the tools necessary to address and solve the problem.
The lake improvement district is needed to protect the quality of the water, the value of the property, the people and
other resources.
A lake improvement district is an opportunity to save the lakes in the district.
It was suggested that perhaps the river portion of the proposed district should be left out since it is mostly the lake
shore owners that want the district. The County Commissioners are also responsible to protect individuals owning
land on the river as well as those on the lakes. Perhaps owners of property along the river could be polled
separately as to their desire for the establishment of this district.
22. Water quality, both surface and ground water, is an important resource to everyone. It is a shared resource that
needs to be protected and maintained.
23.
24.
A written comment suggested that the tax dollars levied by the lake improvement district through a group effort
would benefit many and would allow additional projects to be undertaken without placing a burden on existing
governmental efforts.
Establishing a lake improvement district would insure future stability of the lakes and maintain the property values in
this portion of the County.
25. A lake improvement district would be a level of government close to the people.
()26. Many expressed thanks for those who have already worked so hard to protect the quality of the water and for the
programs that they have helped with.
0
27. The Commissioners were thanked for scheduling the hearing, for their attendance at this hearing, and for their
consideration of the request to establish a lake improvement district
With no additional public comment David Hauser, County Attorney, advised those in attendance that the Department of
Natural Resources would review the proposed lake improvement district and that within 30 days the Otter Tail County
Board of Commissioners would make a decision. At this time the meeting was turned back to Commissioner Syd Nelson
who declared the special meeting of the Otter Tail County Board of Commissioners adjourned at 9: 15 p.m.
Dated: July 15, 1999
Attest;
Earry Krohn, Clerk·-·