• Home
• District Map
• Commissioners & Meeting Schedule
• By- Laws
• Annual Meeting Highlights
• Long Range Plan 2006 ~ PDF file

• Directory
• Links
• Conservancies & Properties
• Lawn Care
• Fertilizer Coupon

• Rice Creek Sedimentation Basin
• Aquatic Plant Control
• Shoreline Maint.
• Purple Loosestrife
• Eurasion Water Milfoil

BALSAM LAKE PROTECTION & REHABILITATION DISTRICT

POST OFFICE BOX 202

BALSAM LAKE, WISCONSIN  54810

BY-LAWS

In keeping with the resolution of the Polk County Board that created the Balsam Lake Protection and Rehabilitation District, the electors of the said Balsam lake District do adopt these By-Laws. The purpose of these By-Laws is to define and regulate the activities of the Balsam Lake District, its officers and committees. These By-Laws shall at all times be interpreted in a manner consistent with the laws of the State of Wisconsin and Chapter 33 of the Wisconsin Statues under which the District was created and operates.

Article I – ELECTIONS

All District resident electors who are U.S. citizens over 18 years of age (“the electors”) are qualified and entitled to vote at the annual meeting of the District. In addition, nonresident property owners who are U.S. citizens, 18 years of age or older are entitled to vote at the annual meeting.

For purposes of voting at a Lake District annual meeting, an elector includes:

• A person whose name appears on the tax roll
  
  
• A person who owns title to real property even though the person’s name does not appear on the tax roll.
  
  
• A person who is the official representative of a trust, foundation, corporation, association, or other organization that owns real property within the District.
  
  
• A person who may not own property and is a permanent resident within the district (such as a renter).

Section  1 – Residents

Every resident of the District who is registered or eligible to vote in general elections shall be an eligible elector of the District.

Section  2 – Non-Resident Property Owners

Every person whose name appears on the District assessment roll prepared for purposes of real property taxation, and who is a U.S. Citizen, 18 years of age or older, shall be an eligible elector of the District and may vote in accordance with Article II, Section 2.

Any corporation, partnership, or association that owns real property in the District may appoint an official representative who shall be an eligible elector of the District.

Article II – VOTING

Section 1 – Multiple Voting

Any elector may cast only one vote on any question called to a vote.

Section 2 – Non-Resident Multiple Owners

When more than one name appears on the assessment roll prepared for purposes of real property taxation, joint tenants or tenants-in-common shall select no more than two of the co-owners who shall represent them and shall cast  one vote.

Section 3 – Qualification of Voters

Persons whose names appear on the tax roll are qualified to vote. If a person is not named on the tax roll, it is up to that person to provide evidence to the District that he or she is an owner of property or a designated representative for an organizational property owner. Evidence shall consist of either:

Section 4 – Casting Ballots

An elector must be present at the meeting at the time the vote is called, in order to vote. No elector may vote by proxy or absentee ballot or referendum. Chair may determine how votes are counted – show of hands or secret ballot – except that the election of commissioners must be by secret ballot.

Article III – ANNUAL MEETING AND BUDGET HEARING

Section 1 – Time and Place

The annual meeting and budget hearing of the District shall be held between May 22^nd and September 8^th at a time and place selected by the District Board of Commissioners, hereinafter referred to as the Board, unless the date has been set buy vote of the previous annual meeting.

Section 2 – Notice

A written notice of the annual meeting and the budget hearing shall be mailed at least 10 days in advance of the meeting to all property owners whose names appears on the tax roll and to the Department of Natural Resources and the University of Wisconsin Extension. The notice shall be published twice in a paper of general circulation in the area. The first insertion shall be at least 15 days before the meeting and the second insertion shall be the following week, at least seven days before the meeting. The notice shall include a summary of the proposed budget and the place where the detailed budget is available for public inspection; time , place, and agenda of annual meeting and budget hearing; the names of nominated candidates; and any proposed changes in the By-Laws.

Section 3 – Nominating of Commissioners

Any elector requesting to be a candidate must submit written nomination papers to the secretary at least 45 days prior to the annual meeting. One commissioner must be a resident elector of the district (per section 33.28 chapter 33 of Wisconsin State Statues).  The names of all candidates shall appear on the written notices of the annual meeting. Ballots printed for the election shall provide space for write-in candidates.

Section 4 – Eligibility of Commissioners

The annual meeting can elect any elector candidate to the office of commissioner.

Section 5 – Electing Commissioners

The District shall elect five commissioners to serve for staggered three-year terms. A vacancy in the membership of the elected commissioners is filled, for the remainder of the term of the vacancy, by appointment of the District chairperson, subject to approval by the majority of the Board.

In addition to these elected representatives, the permanent Board of Commissioners includes an appointee of the city, village or town within the District with the largest equalized valuation and a nominee of the Land Conservation Committee appointed by the County Board.

The members of the Board of Commissioners appointed by the county or by the city, town or village serve at the pleasure of the appointing authority. Their terms end when their successors are appointed.

Section 6 – Qualifications of Commissioners

Each elected commissioner must be a U.S. citizen, eighteen years of age or older, and either:

A person who is an official representative of an organization which is  an owner of property may hold office as a commissioner even though that person, as an individual, might not own property within the District.

Section 7 – Annual Budget and Tax

At the annual meeting and budget hearing, the Board shall present a proposed budget and tax for the coming calendar year. The electors of the District shall approve the budget and vote the tax as proposed or modify the budget and change the tax accordingly. The property tax levy of the District shall not exceed a rate of 2.5 mills of equalized valuation. The annual meeting may direct the Board to adopt and collect special charges or special assessments in addition to the 2.5 mills.

Section 8 - Project Approval

The annual meeting or special meeting shall approve or disapprove all proposed projects by the District having a cost to the District in excess of $10,000 by special vote of the electors. The annual meeting or special meeting may also authorize the Board, during the succeeding year until the next annual meeting, to approve or disapprove projects having a cost to the District in excess of $10,000 and to enter into contracts accordingly, subject to the limitations provided in the authorizing resolution. Votes on projects may be taken by secret ballot at the discretion of the chairperson or request of any voter.

Section 9 – Other Business

The annual meeting shall take up and consider such other business as comes before it. No formal action will be taken on Non-Agenda items.

Section 10 – Special Meeting

In addition to convening at the annual meeting, the electors and property owners may conduct business at a special meetings. Any action that can be taken at an annual meeting may be taken at a special meeting except as follows:

A special meeting may be called at any time by a majority of the Board of Commissioners. In addition, the Board is required to schedule a special meeting if at least ten percent of the persons qualified to vote at the annual meeting so request.

Written notice of a special meeting shall be given to the same persons and in the same manner as an annual meeting notice.

Article IV – POWERS OF THE DISTRICT

Section 1 – General Powers of a Body Corporate

The District may sue and be sued; make contracts; accept gifts; purchase, lease, devise or otherwise acquire, hold or dispose of real personal property; disburse money; contract debt; and do such other acts as are necessary to carry out a program of lake protection and rehabilitation.

Section 2 – Specific Lake Management Powers

The District may conduct a feasibility study, adopt a plan, and carry out implementation work including but not limited to aeration, nutrient diversion, nutrient removal or inactivation, erosion control, sediment manipulation including dredging, bottom treatments, weed and algae control, swimmers itch control, and water level control.

Section 3 – Boating, Seaplane, and Vehicle Regulations

Pursuant to the delegation of authority from towns, villages, and cities with frontage on the lake, the Lake District may adopt ordinances to regulate equipment, use. And operation of watercraft, vehicles on icebound lakes, and seaplanes.

Section 4 – Town Sanitary District

Public inland Lake Protection and Rehabilitation Districts are also permitted to exercise certain powers of sanitary districts. These powers include the authority to plan, construct and collect charges for the following.

These powers also give authority to:

Section 7 – Compensation

The commissioners may, upon approval of an annual meeting, receive per diem as determined at an annual meeting for service in office and shall be paid for actual and necessary expenses incurred while conducting the business of the District.

Section 8 – Powers and Duties

The Board shall be responsible for: