Invasive Species Weed Treatment Special Assessment District
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UPDATE 7/17/2019. Public hearings have been scheduled for
Saturday, July 27 at 1 PM Tuesday, August 13 at 7 PM at the Elk Township Hall, 8966 N. Bass Lake Rd. The Elk Township Board has accepted the petitions submitted by a majority of property owners in December 2018 and has begun the process of considering a special assessment district for the control of invasive weeds and lake monitoring services in Harper Lake. As part of the S.A.D. process, the Elk Township Board will hold a series of public hearings to hear from property owners about any aspect of the special assessment district. The first two hearings will be: Saturday, July 27 at 1 PM Tuesday, August 13 at 7 PM Both hearings will be held at the Elk Township Hall, 8966 N. Bass Lake Rd. (just south of Harper Lake). You should receive a formal notice of the first public hearing directly from Elk Township by mail in the next few days. They will mail your notice to the official mailing address on file with the Lake County Equalization Dept. The text of the notice is pasted at the right. We would like to have a good showing of property owners at both meetings. If you aren’t able to make the meeting in person, you can send your comments by mail to Elk Township Supervisor Lou Fitz at 8966 N. Bass Lake Rd., Irons, MI 49644. Elk Township officials will not accept emails; you have to send a paper letter through the US Mail or put them in the dropbox at the township hall at the above address. [Note: If you’d like to send an email, send it to kkbrower@charter.net by 5 pm on Thursday, July 25. Address it to the Elk Township Board and give a brief statement about your support or opposition to the S.A.D. Be sure to sign the email with your name and your Harper Lake property address. I will print them out and deliver them to the township at the hearing for you.] You can call any of the board members listed on the website with questions. ________________________________ UPDATE 6/26/2019. Elk Township officials have certified enough petition signatures to begin the special assessment district proceedings. Watch your mail for notices from Elk Township regarding the next steps. The Harper Lake Association will also be sending emails to our email list with details as we get them from Elk Township. BACKGROUND INFORMATION. Lakefront property owners on Harper Lake received information last fall about a proposed special assessment district to treat Harper Lake for any invasive weeds found in the lake. This proposal will not change how the lake is treated for weeds -- it will change HOW WE PAY for the invasive weed treatment. An invasive species is one that is not native and whose introduction causes harm, or is likely to cause harm to Michigan's economy, environment or human health. Aquatic invasive species (AIS) are aquatic organisms that invade ecosystems beyond their natural, historic range. Their presence may harm native ecosystems or commercial, agricultural, or recreational activities dependent on these ecosystems. |
Elk Township Notice To Property Owners Public Act 188 of 1954 Proceedings NOTICE OF HARPER LAKE SPECIAL ASSESSMENT HEARING Township of Elk Lake County, Michigan TO: THE RESIDENTS AND PROPERTY OWNERS OF THE TOWNSHIP OF ELK, LAKE COUNTY, MICHIGAN AND ANY OTHER INTERESED PERSONS: PLEASE TAKE NOTICE that as a result of petitions of property owners within the township signed by the record owners of Harper Lake (area) constitutes more than 50 percent of the total (area) of the hereinafter described Harper Lake special assessment district and the township board of the Township of Elk proposed to provide lake monitoring services and control of invasive weeds in Harper Lake and to create a special assessment for the recovery of the cost thereof by special assessment against the properties benefited therein. PLEASE TAKE FURTHER NOTICE that the district within which the foregoing improvements are proposed to be constructed and within which the cost thereof is proposed to be assessed in more particularly described as follows: All lake front properties on Harper Lake, Elk Township, Lake County, Michigan. PLEASE TAKE FURTHER NOTICE that the township board has received engineering plans showing the improvements and an estimate of the costs of such construction in the approximate amount of $5,835.00 , has placed them on file with the township clerk and has passed a resolution tentatively declaring its intention to make the improvement and to create the special assessment district. The township board has also tentatively found the petitions to be in compliance with statutory requirements. PLEASE TAKE FURTHER NOTICE that said plans, estimates of cost, proposed special assessment district and petitions may be examined at the office of the township clerk from the date of this notice through the date of the public hearing and may be examined at such public hearing. PLEASE TAKE FURTHER NOTICE that a public hearing on the petitions, plans, district and estimate of costs will be held at the Elk Township hall at 8966 N. Bass Lake Rd., Irons, Michigan, commencing at 1 o’clock P.M. on July 27, 2019. At the hearing, the board will consider any written objections to any of the foregoing matters filed with the board at or before the hearing as well as any revisions, corrections, amendments or changes to the plans, estimates and costs of the special assessment district. All interested persons are invited to be present at the hearing and to submit any comments they may have. Karen Fickies Township Clerk Township address: 8966 N. Bass Lake Rd., Irons, MI 49644 Harper Lake S.A.D. Cost Estimate Harper Lake Management Plan |
August 15, 2018 letter from Harper Lake Association Board
Dear Harper Lake Property Owners:
For the last 20+ years, Harper Lake Association has used a portion of the dues paid by the members to contract for the treatment of invasive weeds in Harper Lake through a private contractor who obtained a permit through the State Department of Environmental Quality. We’ve been notified recently that the MDEQ rules are changing, making it much more difficult—if not impossible—for a local association to obtain a permit. The new rule would require 100% of the lakefront property owners consent to the treatment, not just the association acting on behalf of a simple majority of owners. The only other option is for the local governing body—in our case Elk Township—to create a special assessment district ensuring that all property owners are notified of the proposed treatment and are given a chance to comment before the township trustees enact a special assessment district.
Due to these new requirements, the Harper Lake Association Board has begun a process to request that Elk Township institute a special assessment district to collect the funds and hold the contract for the annual invasive weed treatment program.
The costs for the invasive weed treatment and lake monitoring would be divided among all lakefront property owners and placed on their respective tax bills. Elk Township will collect the assessments and then pay the contractor for the treatment of the lake. The special assessment will be for a seven-year period. The Harper Lake Association board will still oversee the contract and work with the vendor on the treatment schedule, monitoring report and any issues that arise.
In order to request that Elk Township begin the special assessment process, the Harper Lake Association will need to submit petitions to the township requesting the special assessment district be investigated. We anticipate this process will take several months and, if successful, assessment will likely be placed on the summer or winter tax bills beginning in 2019.
This issue will be the focus of the Harper Lake Association membership meeting on Saturday, September 1 beginning at 9 a.m. at the Skinner Park Pavilion in Irons. We will make a short presentation on the reasons for the special assessment request, answer questions from the members and have petition forms available for signature to submit to the township. In the meantime, there are some frequently asked questions on the back side of this letter and additional information has been placed on the association website, www.harperlakeassociation.org.
If you are not able to attend the meeting, one of the Harper Lake Association board members would be willing to meet you at your home on Harper Lake or to speak with you by phone to answer your questions. Just send an email to harperlakeassociation@gmail.com and one of us will give you a call.
Sincerely,
Harper Lake Association Board
Dear Harper Lake Property Owners:
For the last 20+ years, Harper Lake Association has used a portion of the dues paid by the members to contract for the treatment of invasive weeds in Harper Lake through a private contractor who obtained a permit through the State Department of Environmental Quality. We’ve been notified recently that the MDEQ rules are changing, making it much more difficult—if not impossible—for a local association to obtain a permit. The new rule would require 100% of the lakefront property owners consent to the treatment, not just the association acting on behalf of a simple majority of owners. The only other option is for the local governing body—in our case Elk Township—to create a special assessment district ensuring that all property owners are notified of the proposed treatment and are given a chance to comment before the township trustees enact a special assessment district.
Due to these new requirements, the Harper Lake Association Board has begun a process to request that Elk Township institute a special assessment district to collect the funds and hold the contract for the annual invasive weed treatment program.
The costs for the invasive weed treatment and lake monitoring would be divided among all lakefront property owners and placed on their respective tax bills. Elk Township will collect the assessments and then pay the contractor for the treatment of the lake. The special assessment will be for a seven-year period. The Harper Lake Association board will still oversee the contract and work with the vendor on the treatment schedule, monitoring report and any issues that arise.
In order to request that Elk Township begin the special assessment process, the Harper Lake Association will need to submit petitions to the township requesting the special assessment district be investigated. We anticipate this process will take several months and, if successful, assessment will likely be placed on the summer or winter tax bills beginning in 2019.
This issue will be the focus of the Harper Lake Association membership meeting on Saturday, September 1 beginning at 9 a.m. at the Skinner Park Pavilion in Irons. We will make a short presentation on the reasons for the special assessment request, answer questions from the members and have petition forms available for signature to submit to the township. In the meantime, there are some frequently asked questions on the back side of this letter and additional information has been placed on the association website, www.harperlakeassociation.org.
If you are not able to attend the meeting, one of the Harper Lake Association board members would be willing to meet you at your home on Harper Lake or to speak with you by phone to answer your questions. Just send an email to harperlakeassociation@gmail.com and one of us will give you a call.
Sincerely,
Harper Lake Association Board
A special assessment district WILL NOT change how the Harper Lake Association has been treating the lake for invasive weeds for the last 20+ years. It will only change HOW WE PAY for the treatment.
Frequently Asked Questions
Why do we have to do this now?
The Michigan DEQ is changing their permitting process and will no longer issue permits to homeowner associations unless 100% of the owners consent to the treatment in writing. Since Harper Lake is made up of permanent and seasonal owners spread across the state, the likelihood of getting 100% of the owners to sign a consent form each year is very small. A special assessment district (SAD) implemented by Elk Township will take the place of the yearly consent requirement. The new requirements go into effect in 2020.
What if we do nothing?
If we do not institute a special assessment district, we will no longer be able to treat the invasive species of weeds that grow in the lake. Eventually, the invasive weeds will choke out the native weeds, decimate the fish population and leave the lake unsuitable for swimming, fishing, boating and recreation. We have a new section on our website with photos and links with information on lakes that have been overtaken with invasive species.
What will this cost?
There are some administrative costs associated with having the township put a special assessment district into place. In addition to a 5% administration fee, the association will also have to pay the township’s out-of-pocket costs for published notices, staff time and postage. However, because the cost of the treatment program and related costs will be divided over the entire 140 lakefront properties instead of only the 100 who pay yearly association dues, the costs should not increase substantially. The cost is estimated to be less than $45 per year, per property.
Elk Township has administered a SAD for Bass Lake properties for several years. More detailed cost information will be available at the September meeting and on the website. Once the SAD is in place, the Harper Lake Association Board plans to reduce the annual membership dues to reflect the change in operation.
Can we cancel the assessment if we don’t like the results?
The special assessment district will be for a seven-year period and cannot be cancelled during that time. The SAD will expire at the end of seven years and the owners will have to petition the township board again at that time if desired.
How will this impact the health of Harper Lake?
The water quality and low-infestation of invasive species should stay the same or improve. Harper Lake is in very good shape with good water quality and low levels of invasive species. This is due to the ongoing yearly treatments of areas affected by invasive species. In addition to the Eurasian milfoil that has been noted and treated for the last several years, our contractor recently found a new invasive species, Starry Stonewart, near the boat launch. The contractor felt it was found early and should be contained with regular treatment.
What will be treated?
The contract will cover yearly monitoring and chemical treatment of invasive weeds. Currently, we have Eurasian Milfoil and Starry Stonewart identified in Harper Lake. The program will be adjusted each year as the proliferation of these invasive species increases or decreases. We will not be contracting to treat native weeds.
How can I support or object to this program?
Special assessment hearings will be held by the Elk Township board prior to any decision. You can either attend the hearings in person or send written communication letting them know how you feel. The township board will decide whether to implement the assessment district after the public hearings.
Why do we have to do this now?
The Michigan DEQ is changing their permitting process and will no longer issue permits to homeowner associations unless 100% of the owners consent to the treatment in writing. Since Harper Lake is made up of permanent and seasonal owners spread across the state, the likelihood of getting 100% of the owners to sign a consent form each year is very small. A special assessment district (SAD) implemented by Elk Township will take the place of the yearly consent requirement. The new requirements go into effect in 2020.
What if we do nothing?
If we do not institute a special assessment district, we will no longer be able to treat the invasive species of weeds that grow in the lake. Eventually, the invasive weeds will choke out the native weeds, decimate the fish population and leave the lake unsuitable for swimming, fishing, boating and recreation. We have a new section on our website with photos and links with information on lakes that have been overtaken with invasive species.
What will this cost?
There are some administrative costs associated with having the township put a special assessment district into place. In addition to a 5% administration fee, the association will also have to pay the township’s out-of-pocket costs for published notices, staff time and postage. However, because the cost of the treatment program and related costs will be divided over the entire 140 lakefront properties instead of only the 100 who pay yearly association dues, the costs should not increase substantially. The cost is estimated to be less than $45 per year, per property.
Elk Township has administered a SAD for Bass Lake properties for several years. More detailed cost information will be available at the September meeting and on the website. Once the SAD is in place, the Harper Lake Association Board plans to reduce the annual membership dues to reflect the change in operation.
Can we cancel the assessment if we don’t like the results?
The special assessment district will be for a seven-year period and cannot be cancelled during that time. The SAD will expire at the end of seven years and the owners will have to petition the township board again at that time if desired.
How will this impact the health of Harper Lake?
The water quality and low-infestation of invasive species should stay the same or improve. Harper Lake is in very good shape with good water quality and low levels of invasive species. This is due to the ongoing yearly treatments of areas affected by invasive species. In addition to the Eurasian milfoil that has been noted and treated for the last several years, our contractor recently found a new invasive species, Starry Stonewart, near the boat launch. The contractor felt it was found early and should be contained with regular treatment.
What will be treated?
The contract will cover yearly monitoring and chemical treatment of invasive weeds. Currently, we have Eurasian Milfoil and Starry Stonewart identified in Harper Lake. The program will be adjusted each year as the proliferation of these invasive species increases or decreases. We will not be contracting to treat native weeds.
How can I support or object to this program?
Special assessment hearings will be held by the Elk Township board prior to any decision. You can either attend the hearings in person or send written communication letting them know how you feel. The township board will decide whether to implement the assessment district after the public hearings.
Documents
2018 Lake Management Plan from Professional Lake Management
MDEQ Communication
Public Acts (State Law) Excerpts
PA 188 PUBLIC IMPROVEMENTS
PA 451 INLAND LAKE IMPROVEMENTS
2018 Lake Management Plan from Professional Lake Management
MDEQ Communication
Public Acts (State Law) Excerpts
PA 188 PUBLIC IMPROVEMENTS
PA 451 INLAND LAKE IMPROVEMENTS
Above: photos of Eurasian Milfoil infestation.
Links:
State of Michigan Invasive Aquatics Species
https://www.michigan.gov/invasives/0,5664,7-324-68002_71240_73848---,00.html
MDEQ Aquatic Nuisance Control
https://www.michigan.gov/deq/0,4561,7-135-3313_3681_3710---,00.html
MDEQ aquatic plant manual
https://www.michigan.gov/documents/deq/wrd-anc-AquaticPlantMgmt_408522_7.pdf
Starry stonewart info
https://www.mymlsa.org/wp-content/uploads/2018/04/Ecological-Factors-Associated-with-Dense-Growth-of-Nitellopsis-obtusa.pdf
https://www.wolverinelake.com/Documents/WMB_Documents_Charts_Etc/Starry_Stonewort_Lakeline_Report.pdf
http://clearwaterlake.mylaketown.com/news/3
https://www.mprnews.org/story/2016/08/31/dnr-aggressive-approach-on-invasive-starry-stonewort
Federal Government Information:
https://www.doi.gov/invasivespecies/
Below: photos of Starry Stonewort infestation.
Links:
State of Michigan Invasive Aquatics Species
https://www.michigan.gov/invasives/0,5664,7-324-68002_71240_73848---,00.html
MDEQ Aquatic Nuisance Control
https://www.michigan.gov/deq/0,4561,7-135-3313_3681_3710---,00.html
MDEQ aquatic plant manual
https://www.michigan.gov/documents/deq/wrd-anc-AquaticPlantMgmt_408522_7.pdf
Starry stonewart info
https://www.mymlsa.org/wp-content/uploads/2018/04/Ecological-Factors-Associated-with-Dense-Growth-of-Nitellopsis-obtusa.pdf
https://www.wolverinelake.com/Documents/WMB_Documents_Charts_Etc/Starry_Stonewort_Lakeline_Report.pdf
http://clearwaterlake.mylaketown.com/news/3
https://www.mprnews.org/story/2016/08/31/dnr-aggressive-approach-on-invasive-starry-stonewort
Federal Government Information:
https://www.doi.gov/invasivespecies/
Below: photos of Starry Stonewort infestation.