Minutes Archive

Agricultural Preservation Board Meeting Minutes

Calhoun County Agricultural Preservation Board
July 10, 2006

Meeting Minutes

The regular meeting of the Calhoun County Agricultural Preservation Board (APB) was held on Monday, July 10, 2006, at 3:00 p.m., in the Planning Department Conference Room, County Building, Marshall, Michigan.

Chair Matt Davis called the meeting to order at 3:00 p.m. Roll was called with the following members present: Ken Blight, Wayne Cornell, Ben Lark, Greg Moore, and Matt Davis.

Members absent: Nancy Deitz.

Also present were: Jennifer Bomba, County Land Use Consultant; and Dan Kesselring, City of Marshall resident.

Meeting Minutes

Moved by Ben Lark, supported by Ken Blight to approve the June 26, 2006 meeting minutes with correction. Motion carried.

Old Business

Policies and Procedures for the Michigan Agricultural Preservation Fund: Ms. Bomba presented the final document detailing the policies and procedures for the Michigan Agricultural Preservation Fund approved on July 27, 2006.

New Business

Repurchase Provision: Ms. Bomba indicated that she has communicated with the Michigan Department of Agriculture regarding the repurchase provision included in the state’s policies. The ordinance governing the county program provides for the repurchase of the development rights only in the case of eminent domain. The state has indicated that this is sufficient because state policy allows for local programs to be more restrictive than the state. In the event of a repurchase (through eminent domain), the development rights are repurchased at the current fair market value and distributed in the same proportion as purchased (state, local, etc.).

Ben Lark stated his disappointment with the State regarding this provision and believes that the APB should be adamant that the development rights are purchased for perpetuity. Ben believes that by referring to the statute that is sited in the state’s policies and procedures we are going to have to provide for more than eminent domain as a means of repurchase. Matt Davis believes that the program will draw only serious participants and that landowners will not go through the extensive application process if they are not in this for long-term preservation. Matt also noted that it will be quite expensive to repurchase development rights for single land division development which is the type of development that we are seeing in our rural communities.

Greg Moore specifically noted the new Michigan Zoning Enabling Act (MZEA) and its reference to the local PDR ordinance and the need for provisions for repurchase of development rights. He directed Ms. Bomba to check with Nancy Mullet to see if the Calhoun County PDR ordinance complies with the MZEA provisions. Jennifer agreed to do so and report back at the next APB meeting.

2006 Application Timeline: Ms. Bomba quickly reviewed the 2006 Application Timeline provided by the State. As proposed we will be cutting it close to announce a local application cycle (90 days), and go through the selection process, as well as negotiation with potential landowners before the December 1, deadline. Jennifer suggested that we take our time to do this rather than rush the process. We could make it our goal to be ready to make application for federal dollars from the USDA Farm and Ranchland Protection Program in the spring. If we receive federal funds we will have an advantage when applying to the state in 2007 because we will already have 50% of the necessary funds on the table. The MDA representative has indicated that this would be a very good approach to take. The APB members agreed that this would be a better approach than rushing through our first application process.

Program Funding: Ken Blight brought up for discussion the need for local funds to get the program up and running. Ms. Bomba indicated that in order to announce and accept applications for the PDR program we will not need substantial funds. The Planning Department will cover the cost of the public notice. However, if we choose to go forward with a negotiation we will need to commission an appraisal of the land/farm. In discussions with other counties, these appraisals are ranging in cost from $2,000 to $2,500. Ken suggested writing a letter to all the townships seeking their support monetarily. He believes that if we are asking for a nominal $500 we could potentially receive enough money to get started. Matt Davis indicated that there are also other stakeholders that may be willing to donate funds, i.e. the Association of Realtors. The APB agreed to continue discussing this option at a later meeting.

Staff Comments

Ordinance Amendments: Jennifer informed the APB that the public hearing for the proposed ordinance amendments will be held at the County Board of Commissioners meeting on August 3, at 7:00 p.m. The potential adoption by the Board of Commissioners will take place at their meeting on August 17, 2006. Once this is accomplished we will be able to advertise our vacancy for a township representative.

Annual Land Use Tour: Jennifer informed the Board that she has still not heard back from The Anderson’s regarding the annual land use tour. Ken Blight noted that he did have a conversation with Jim Gleason who agreed to pass the information on to the proper people. Jennifer will make contact again to see where we stand.

With no further business, the APB adjourned at 4:15 p.m.

Calhoun County
315 West Green Street
Marshall, MI 49068
Phone: (269) 781-0700
Fax: (269) 781-0140

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