Purpose and Bylaws

1. PURPOSE OF THE WHITE BEAR LAKE CONSERVATION DISTRICT

The White Bear Lake Conservation District was formed by the State of Minnesota in May of 1971. Subject to provisions of Minnesota Statutes, Chapters 98, 105, 106, 110, 112, 115 and the rules and regulations of the respective agencies and governing bodies vested with jurisdiction and authority thereunder. The lake conservation district has the following powers:

• To regulate the types of boats permitted to use the lake.
• To limit the use of motors, including their types and horsepower, on the lake.
• To regulate, maintain, and police public beaches, public docks, and other public facilities for access to the lake within the territory of the municipalities.
• To limit by rules the use of the lake.
• To regulate the speed of boats on the lake and the conduct of other activities on the lake to secure the safety and welfare of the public.
• To contract with other law enforcement agencies to police the lake and its shores.
• To regulate the construction, installation, and maintenance of permanent and temporary docks and moorings consistent with federal and state law.
• To regulate the construction and use of mechanical and chemical means of de-icing the lake and to regulate the mechanical and chemical means of removal of weeds and algae from the lake.
• To regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities. The regulation shall be consistent with the applicable municipal building codes and zoning ordinances where said marinas are situated.
• To contract with other governmental bodies as needed.
• To undertake research to determine the condition and development of the lake and the water entering it and to transmit their studies to the pollution control agency and other interested authorities;, and to develop a comprehensive program to eliminate pollution.
• To receive financial assistance from and join in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and demonstration programs related to them.
• To petition a board of managers of any watershed district in which the lake conservation district may be situated for improvements under Minnesota Statues, Section 112.48.
• To require the submission of all plans pertaining to or affecting construction or other lakeshore use on any lot or parcel of land abutting the shoreline including: length of setback from the shoreline, adjoining property, or any street or highway, problems of population density, possible water, air or visual pollution, or height of construction.

I PURPOSE

The purpose of the Bylaws is to establish rules governing the conduct and procedure of the governing board of the District.

II OFFICE

The principal office of the district must be located in one of the municipalities served. Any permanent change of location must be approved by a majority vote of all of the members of the board of directors and published in the official newspapers of Ramsey and Washington Counties at least 30 days prior to the effective date of the change in location.

III MEETINGS

[Also governed by Minnesota State Statute 471.705 regarding open meeting laws.]

1.    Meetings: Regular meetings of the board shall be held on the third Tuesday of each month at 7:30 p.m. Meetings shall be held in such place as may be specified in the notice of meeting. Additional meetings may be called by the chairperson or any three directors.

2.    Notice: Posted notice three days in advance of regular or special meetings shall be required. A written notice of special meeting shall be mailed to each director five days before the scheduled meeting date stating the time, date, and place of meeting and the purpose thereof. Failure to give mailed notice shall not invalidate any proceeding, if all directors are personally informed by telephone of the meeting.

3.    Voting: Each director shall have one vote. A majority of the directors appointed shall be a quorum and required to do business.

4.    Order of Business: The order of business shall be as follows -- with arrangement of elements adjusted when agenda is approved, if necessary -- to better serve the needs of the meeting:   

    a. Roll call
    b. Call to order
    c. Approval of agenda
    d. Approval of minutes of last meeting
    e. Public comment time
    f. Communications
    g. Unfinished business
    h. Reports
          1. Chairperson or other members assigned duties
          2. Treasurer
          3. Standing committees
          4. Special committee or task group
          5. Administration
    i. New business
    j. Approval of payables
    k. Adjournment5.    Conduct of Meetings: The chairperson shall call the meeting to order, and preserve order. All sessions shall be open to the public; no person other than a director shall address the board except with the consent of the chairperson or by a vote of a majority of the members present. All remarks shall be addressed to the chairperson after being first recognized by the chairperson. All regulations and resolutions shall be in writing and upon the request of any director, a roll call vote shall be taken and recorded in the minutes. Roberts' Rules of Order shall govern conduct of meetings insofar as no rule adopted by the board applies.

IV THE BOARD

1.    Directors: It shall be the duty of the board members to attend, insofar as possible, all board meetings. Directors are given excused absences when they call the secretary prior to the board meeting to say they will not be in attendance. Directors who do not notify the secretary are given unexcused absences. Three unexcused or four excused absences within one year would result in notification to the member's city.

2.    Officers: the board shall elect from its membership the following officers to serve for a period of one year: chairperson, vice-chairperson, secretary, and treasurer. The offices of secretary and treasurer shall be combined unless a resolution is adopted to the contrary by the board prior to the election. The officers shall hold office at the pleasure of the board. The board shall set the compensation of the officers.

3.    Chairperson: The chairperson shall preside at meetings of the board. In the absence of the chairperson, the vice-chairperson shall preside. In the absence of both the chairperson and vice-chairperson, the treasurer shall preside. If the chairperson, vice-chairperson, and treasurer are all absent, a temporary chairperson shall be elected by those present. The chairperson shall retain all rights of a director to speak, make motions and vote.

4.    Secretary: The secretary shall maintain a record of the proceedings of the board, be responsible for the custody of the records of the board, see that notices are duly given and such other duties as the board may assign. If the duties of the secretary are delegated to an employee, the secretary shall supervise the performance of those duties.

5.    Treasurer: The treasurer shall be responsible for all monies of the district. The treasurer shall perform the duties of the office of treasurer in accordance with Minnesota Statutes, Section 103B.671 and, before taking office, shall give a bond to the district as required by that statute.6.    Staff: The board may appoint an executive director or other officers, agents, and employees as the board deems to be necessary.   

    a.    The executive director, when appointed, shall:
        1.    be the executive and operating officer of the district;
        2.    serve at the pleasure of the board at a compensation fixed by it;
        3.    be responsible for the operation, management and promotion of all district activities;
        4.    have no authority to incur liability or make expenditures without general or specific directions by the board as shown in minutes of the board's meetings or these By-Laws.

    b.    Employees when appointed shall:
        1.    be appointed based on job descriptions approved by the board;
        2.    report to and be supervised by a director designated by the board;
        3.    serve at the pleasure of the board at a compensation fixed by it;
        4.    have no authority to incur liability or make expenditures on behalf of the district without general or specific directions by the board as shown by these By-Laws or minutes of the board's meetings.

V COMMITTEES

1.    Committees: Committees may be formed from time to time by resolution of the board. Members of committees shall be appointed annually by the chairperson -- subject to the approval of the board and shall serve at the pleasure of the board. Members of committees need not be members of the board, but all committees shall have at least one member of the board.

VI CONTROL OF FUNDS

1.    Budget: On or before July 1 each year the board shall prepare and submit a detailed budget of the district's needs for the next calendar year to the governing body of each municipality within the district with a statement of the proportion of the budget to be provided by each municipality. Upon notice from any such municipality, the board shall hear objections to the budget. After the hearing, the board may modify or amend the budget. Notice must be given to the municipalities of modifications or amendments.

2.    Receipts: The treasurer shall issue a serial numbered receipt in duplicate for all money received. The duplicate shall be retained for the district records. An erroneous receipt shall be marked "void" and retained.

3.    Disbursements: All claims for expenses or disbursements of district funds shall be submitted in writing. No claim shall be paid until approved by the board except:   

    a. Salaries fixed by the board
    b. Judgments against the board
    c. Rent or other fixed charges, the exact amount of which is fixed by contract approved by the board
    d. Utilities
    e. Petty cash
    f. Payments which cannot be deferred without loss of discount privileges or other additional expense may be paid immediately if the itemized bill is approved for payment by at least a majority of the board.    The Board may establish a petty cash fund which shall not be used for salary or personal expense reimbursement.    Payment shall be made by issuance of a check signed by two authorized directors or one authorized director and one authorized staff member.

4.    Audit: The directors shall be an audit committee and shall submit an annual audited financial statement to the municipalities included in the district and to such other agencies or authorities as may be required by law.VIIAMENDMENTThese Bylaws may be amended by a majority of all of the members of the board. Notice of the substance of the proposed amendment, and the date upon which a vote will be taken, must be given at a regular meeting held prior to the meeting at which a vote on any amendment is taken.

Adopted this 28th day of February, 1972.
As amended this 28th day of March 1995
As amended this 27th day of February, 1996.
As amended this 28th day of September 1999
As amended this 25th day of January 2000

SIGNED:
________________________________________________
John Redpath, Board Secretary/Treasurer
Date:___________________________________
________________________________________________
J. Luke Michaud, Board Chairperson
Date___________________________________
ATTESTED:
_____________________________________________
Mary Harrington, Administrative Secretary, WBLCD
September 28, 1999(A signed copy is on file at the District office.)