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matter of information and courtesy. If it is submitted, we <br />believe the plan should contain a clear statement that it is <br />being sent as a matter of courtesy, and that the LMCD does not <br />concede the right of the Metropolitan Council to regulate its <br />affairs in connection with the matters in the plan. <br />However, if the Board of the LMCD disagrees with the views of the <br />City of Orono, on authority and nature of submission, we believe <br />it is essential that the views which the Board does have on the <br />ability of the Metropolitan Council to control it be explained to <br />the interested public and the statement specifically included in <br />the plan before submission. In particular, the LMCD should state <br />in the plan both the legal and intended effects on future actions <br />of the LMCD and the rights of other interested parties once the <br />plan is submitted to Metropolitan Council's control. <br />In this connection we believe the LMCD should also spell out what <br />the compromise was that is referred to on page 5 of the report. <br />What was LMCD's position before its position was compromised? <br />Why did it compromise? <br />PLAN FOCUS AND STATUTORY AUTHORITY <br />In our original draft submission, we noted that we believe that <br />the LMCD’s plan is misdirected in focussing on the promotion of <br />increased use of the lake and the establishment of new access <br />points and recreational land destinations. <br />Further review of the plan and further consideration of it leads <br />the City of Orono to the belief that not only is the plan <br />misdirected in those regards, but that in esse, ^e such actions as <br />just referred to, are simply beyond the power oi. the LMCD. <br />It is clear that the powers granted by S Chapter 907 are <br />essentially powers of limitation, the power to regulate, the <br />power to limit and the power to police. They are limited also, <br />no doubt, by constitutional and common law rights of various <br />persons. It is likewise clear that the words "recreational <br />management, user enjoyment," and even the word "access" (except <br />as part of a modifying phrase) are absent from the enabling <br />legislation. Nowhere is the LMCD given power to spend money to <br />reach the goal of "rectifying past inequities and access growth". <br />Nor is there anything in the statute to suggest that it is an <br />"essential function of the LMCD to assure that other agencies <br />have the resources to implement their programs". Even the <br />proposed extension of zoning and land use control is probably not <br />authorized . <br />The City of Orono believes that the plan should be reconsidered <br />and measured against the actual authority of the LMCD,^ clearly <br />separating plans and activities related to its authorities and <br />function from those which it cannot perform but for which it may <br />ultimately hope to seek some legislative approval.