07-23-1990 Council Packet - Laserfiche WebLink

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power to police. The‘^ are limited also, no doubt, by constitutional and coinmon law rights of various persons.” RESPONSE: We recommend that the LMCD continue to rely on its own counsel for interpretation of its powers. The LMCD counsel has reviewed the plan and does not reach the conclusions of the City of Orono. We recommend no change in approach or emphasis. Page 2, paragraph 5, sentences 3 and 4. "It is likewise clear that the words "recreational management, user enjoyment,' and eve. the word 'access' (except as part of a modifying phrase) are absent from the enabling legislation. Nowhere is the piCD given the power to spend money to reach the goal of 'rectifying past inequi' and [sic] access growth'." RESPONSE: We fail to see a constructive point to this entire paragraph. The phrases may or may not appear in Chapter 907, as amended. But the LMCD clearly has powers in each of these areas. The powers of the LMCD to spend money are clear. They may own real property. But we do not recommend that the LMCD own access or other recreational lands. We feel public corporations already in existence are better prepared to do so. We recommend no change in approach or content. i^Page 2, paragraph 5, sentence 5 and 6. "Nor is there anything in the statute to suggest that it is an 'essential function of the LMCD to assure that other agencies have the resources to implement their programs'. Even the proposed extension of zoning \and land use control is probably not authorized." RESPONSE: That quote comes not from the statute, but from the Management Pro<^ram. The fact that it does not appear in the legislation does not lessen its veracity. Two years ago, we were charged with the difficult task of getting 14 communities, various sub-county and county agencies, regional entities and the DNR to agree on a common set of goals for the lake. Before we started two years ago we knew that significant'changes in authority would not be permitted by the vested interests in and around the lake. Therefore, we developed a set of goals and objectives to be implemented using existing powers and author*ties. To do that requires cooperation, coordination and communicat The LMCD legislation specifically gives it authority in t’ ^reas. We believe that when the Management Program is adof. id it will be), it will succeed. There will just be better ation, coordination, and communication with come legal enr.iuies more than others. 38