5.2. SR 03-14-2011 - Laserfiche WebLink

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MEMORANDUM TO: Lori Johnson FROM: Peter K. Beck DATE: March 10, 2011 RE: Lake Orono Water Quality Committee Memorandum of Understanding I have reviewed the proposed Lake Orono Water Quality Committee Memorandum of Understanding (MOU) and have a few concerns. First, I am a little unclear as to the purpose of the MOU. Section I of the MOU states that its purpose and scope is to identify the roles and responsibilities of the parties and to define each parties role with respect to the lake. However, the MOU goes on to identify virtually the same responsibilities for each of the three parties. My main concern is what, if any, responsibilities and obligations the MOU would impose on the city beyond the city's current responsibilities and obligations pursuant to law. It is unclear from the MOU whether it is intended to merely identify the city's existing responsibilities and obligations, or to impose additional responsibilities and obligations on the city. My concern is that the city not commit to undertake responsibilities, and incur costs, beyond those to which it is currently obligated pursuant to state law and city ordinance, without knowingly doing so. Second, I am concerned that the responsibilities identified in Section III of the MOU for the city are quite vague and could be interpreted as imposing significant obligations and costs on the city. For instance: o The undertaking to "provide staff expertise and time" has no limits on how much time and no explanation as to what staff expertise. I am concerned that this language could be interpreted as an obligation on the part of the city to staff an entire position to the Lake Orono Committee. o The undertaking to "write, modify and enforce ordinances" similarly provides no guidance as to the purpose or scope of such ordinances. o The undertaking to "provide funding support" is perhaps of the most concern because it does not establish any guidelines or limits on the amount of such funding support. o Finally, the last 7 undertakings of the city consist of one or two words. I am very concerned about the city entering into an agreement that does not specifically define the responsibilities that the city is undertaking.