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Board of Commissioners MinutesCALHOUN COUNTY The Regular Session of the Calhoun County Board of Commissioners convened at 7:01 p.m., Thursday, March 6, 2003 in the Commissioners' Meeting Room, County Building, Marshall, Michigan. Roll Call: Present: Comrs. Austin, Frederick, Miller, Moore, Segal and Strowbridge. Temporarily Excused: Comr. Ivey (Arrived at 7:37 p.m.). INVOCATION AND PLEDGE OF ALLEGIANCE: A Moment of Personal Reflection was observed; followed by the Pledge of Allegiance, led by Comr. Moore. APPROVAL OF AGENDA: “Motion by Comr. Segal, supported by Comr. Miller, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the March 6, 2003 agenda, with amendment of Item 9.B. (1) - Casino Impact Mitigation Committee Assignment Extension to include appointment confirmation of Marvin Austin, replacing Michael Nofs.” Voice Vote: Motion CARRIED CITIZENS’ TIME: Ms. Pearl Gray-McWhorther, Battle Creek resident, advised that she is present to confirm what Mr. Keller reported regarding treatment received at the Burnham Brook Center (B.B.C.). Ms. Gray-McWhorther advised that she has a disability and B.B.C. locks its front door which is the closest to the street. Ms. Gray-McWhorther stated that when she tried to get in that door, management refused to let her in and that when she slipped in after someone else, they threatened to call the police. Ms. Gray-McWhorther pointed out that she is a member, and urged the Commission to investigate the Center. Mr. Bill Morris, Marshall resident, stated that he is a business owner in town and had the Dark Horse Brewing Company, which he had a problem with. Mr. Morris advised that he was taken to court and lost. Mr. Morris continued that prior to dropping his appeal a man picked up his vehicle, also a tractor which was not registered to him. Mr. Morris stated that six days later he settled with the company and paid them, however, when he went to retrieve his vehicle it had been taken to Jackson. Mr. Morris stated that he would rather the Sheriff Department serve him than someone contracted from Jackson, and requested the Commission check into this. Dr. Lynne Haley, Marshall resident, welcomed the two new delegates to the Workforce Development Chief Executive Officer Board who will be joining Commissioner Frederick and Commissioners from Barry and Branch Counties to provide workforce opportunities and education. Dr. Haley stated that she shall look forward to their attendance at the Board’s March 4 meeting. Chairman Austin advised that he shall be making a change to the membership, replacing Commissioner Strowbridge for himself. Mr. Mike Boyce, Convis Township resident, encouraged the Commission to adopt the Farmland Preservation Ordinance. SPECIAL ORDER OF BUSINESS: Ordinance to Repeal the Calhoun County Metropolitan Planning Commission Ordinance Public Hearing Chairman Austin declared the public hearing open at 7:17 p.m. Chairman Austin advised that on the Consent Agenda is the Metropolitan Planning Commission’s bylaws which will be received and placed on file and shall take effect after the Ordinance is repealed at the March 20 Board Meeting. Chairman Austin inquired whether any one wished to address the Ordinance. No one offered comment. Chairman Austin declared the public hearing closed at 7:19 p.m. Calhoun County Farmland Preservation Ordinance Public Hearing Chairman Austin requested Planning Director Jennifer Bomba explain the Ordinance. Ms. Bomba advised that the Ordinance is recommended by the Metropolitan Planning Commission that has been working on a farmland preservation program for some time. Ms. Bomba stated that Community Development did the David Rusk study and have held a number of meetings since January 2002. Community Development also conducted a Cost of Services Study which found farmland preservation to be a high priority. Ms. Bomba continued that Public Act 262 of 2000 has established the framework for a county operated Purchase of Development Rights (PDR) Program which would be eligible for state funding through the Agriculture Preservation Fund. Ms. Bomba explained that the Program protects farmland by acquiring development rights voluntarily offered by landowners and places an agricultural conservation easement on the property restricting future development. Ms. Bomba stated that the Program provides a permanent option for the landowner. Ms. Bomba advised that once the Ordinance is adopted a county agricultural preservation board will be established. Chairman Austin declared the public hearing open at 7:33 p.m. and recognized Metropolitan Planning Commission Members Larry Rizor and Clarence Millard. Comr. Moore further recognized Metropolitan Planning Commission Members Donna Daines, Dian Schubel and Barbara Frederick; and thanked everyone that worked on the Ordinance. Metropolitan Planning Commission Chairman Larry Rizor stated that he believes the Program is a fantastic tool in protecting the agricultural land, and encouraged the Commission’s support. Drain Commissioner Blaine Van Sickle stated that he is speaking tonight as a lifetime farmer. Mr. Van Sickle stated that he has some concerns regarding the Ordinance, not its intent. Mr. Van Sickle addressed Section 1.A., First Paragraph, Last Sentence, regarding production, processing and distribution of agricultural products on a regional, national and international level; and questioned production, processing and distribution locally. Mr. Van Sickle further addressed Section 2.B. “Agricultural use,” which does not include the management and harvesting of a wood lot; and Section 2.D. “Development rights” regarding extraction of minerals. Mr. Van Sickle pointed out that Calhoun County is well known for its gravel pits. Mr. Van Sickle addressed the County Agricultural Preservation Board’s membership, stating that he believes there should be some qualifications added; further, that there should be some farmers on the Board. Mr. Van Sickle addressed Section 8. - Agricultural Conservation Easement Provisions, which states that the landowners may build another residence for future generations. Mr. Van Sickle questioned what happens when the farm downsizes, whether the house just sets or whether it can be sold. Mr. Van Sickle stated that he would add sub-section vii. to Section 8.B. whereby the easement “will not conflict with easements already recorded;” further under Section 8.C., questioned what happens in the future when the additional residence is not required to operate the farm. Mr. Van Sickle addressed Section 12. - Farmland Preservation Fund, stating that he has a problem with property taxes becoming an option to fund the Farmland Preservation Fund, pointing out that the farmers would be paying a large percentage of the bill. Mr. Van Sickle stated that he believes the Ordinance needs to go back to the drawing board for more work. Ms. Donna Daines advised that she is a real estate broker and a Metropolitan Planning Commission Member, and is confident that the guiding principles will support agricultural growth and preservation in Calhoun County. Ms. Daines stated that she strongly supports the Ordinance. Mr. Gardy Berezonsky questioned how the county can adopt an Ordinance without knowing where the funding shall come from; further, whether there is a time period for landowners to enter into the Program; i.e., ten years “down the road.” Mr. Don Franklin, Marshall Township resident, stated that he strongly supports the Program as he believes it will be good for all the residents of the county. Mr. Franklin stated that as a landowner he likes the Program because it gives him an option to voluntarily apply for if he so desires. Mr. Franklin further stated that he believes the real beneficiary of the Program will be the children. Mr. Todd Williams advised that he served on the committee that developed the Program, and regarding restrictions of sales, that one recommendation is that the farm owners should leave out their homestead and five acres. Mr. Williams further advised regarding gravel pits, that minerals can be extracted; however, the land would have to return to agricultural. Mr. Williams concurred with having farmers on the County Agricultural Preservation Board. Mr. Williams continued regarding sale of the extra home, that the home could not be sold, and advised that he does not have an answer regarding taxes. Mr. Williams stated that his idea was a transfer tax when a farm is taken out of the agricultural classification. Mr. Ken Blight, Albion farmer, stated that in the past people have been reluctant to put money behind something when they do not know where that money is going, and that he believes the Program’s funding will come as people see the value of the Program. Mr. Blight pointed out that the United States feeds approximately 70 percent of the people in the world off of approximately 5 percent of the real estate in the United States, and stated that it is time to think of agricultural as an industry. Mr. Blight advised that he raises hogs and cattle five miles out of Albion and that both stink and create dust. Mr. Blight stated that he believes there is need for a buffer between agriculture and urban areas as one detriment to farmers is lawsuits. Mr. Blight further pointed out that 65 percent of the crops go into the mouths of livestock and that without animal agriculture the crop by-products are not as valuable. Mr. Blight stated that agricultural land is being split and that to efficiently farm farmers need the large acres of land. Mr. Morris stated that he does not know why the extra home on the farmland couldn’t be sold on a lot rather than to just let it set and deteriorate; further, that he believes Mr. Van Sickle is correct regarding taxes. Mr. Morris stated that farming is not a profitable business any more and farmers should not be placed under any more pressure. Mr. Ben Lark, Fredonia Township resident, advised that he has lived in Calhoun County his entire life and owns a 93 acre farm. Mr. Lark stated that Calhoun County is losing farmland at twice the rate of the state’s average. Mr. Lark advised that he attended the farmland preservation tour to three states and the program is working to save farmland. Mr. Lark stated that he believes the Program deserves thoughtful consideration. Mr. Kim Curr, Farm Bureau representative, advised that the Farm Bureau provides farmers with tools that are voluntary and that the issue before the Commission has been worked on for a long time. Mr. Wayne Cornell, Eckford Township resident, advised that he is an Eckford Township Trustee and a farmer. Mr. Cornell stated that Calhoun County has a chance to create an alternative for the farmers. Mr. Cornell stated that if farmers had the ability to develop blocks for farmland, they would be able to compete with other businesses. Mr. Cornell encouraged the Board to consider the Ordinance. Mr. Jim Curry of the Potawatomi Resource Conservation and Development Council commended the work group that drafted the Ordinance. Mr. Curry advised that there were a number of public meetings to address the Ordinance and that he hopes it does not suffer a thousand cuts. Mr. Curry pointed out that Calhoun County depends on tourism and farming which depends on open space, and that since World War II the county’s development has been haphazard. Mr. Curry addressed the need for a local food base and stated that the Program is one tool to keep Calhoun County’s farming business. Mr. Curry advised that the Program works in Maryland, New Jersey and Pennsylvania, that the Program already has funding to get started, and that seven counties have approved the Program. Chairman Austin requested General Counsel address the Ordinance. Attorney Nancy Mullett advised that she met with Comr. Moore and Planning Director Bomba to discuss her concerns, and addressed her legal opinion provided. Atty. Mullett stated that her opinion does not disagree with the Program, that the changes she is suggesting are to clarify how the Program shall be operated. Atty. Mullett advised that some of the concerns outlined have been modified; i.e., 3, 4, 5, 7, 11 and 12. Atty. Mullett stated that one concern is that the Ordinance does not identify who within the county shall operate the Program. It must be an identifiable entity, it cannot simply be Calhoun County; further, there needs to be discussion of how the county will facilitate this Program; i.e., who shall enforce the Ordinance, to whom the Preservation Board shall respond to, how administrative expenses and general support services shall be financed. Atty. Mullett addressed Item No. 2 regarding sale of development rights and the agricultural easement, stating that the Ordinance needs to be clear whether the two transactions shall occur as one process which shall require a considerable amount of rewriting. Atty. Mullett pointed out that if the changes to the Ordinance are significant, there will need to be a new public hearing. Comr. Moore recognized Director David Scarlin and Ms. Stacy Sheridan of Midwest Land Legacy who assisted in drafting the Ordinance at no cost. Comr. Moore advised that the Program is a “grass roots” effort, that the Program is voluntary, and he believes is pro-active; further, pointed out that Calhoun County would be among the first ten counties in Michigan that would have such a Program. Comr. Moore continued that it is time to start looking at agriculture as an industry and give plenty of tax breaks and incentives. Comr. Moore stated that if another public hearing is required, that would be fine. Comr. Moore continued that the funding that has been discussed is not a big issue for him as the Program cannot be implemented until the county has the master plan, and advised that tax increases are not one of the options being considered. Comr. Moore advised that the reason that this source of funding is listed within the Ordinance is because it is a part of the state law which lists what sources of revenue can be used. Comr. Moore stated that his preference would be to leave all the funding sources listed within the Ordinance. Comr. Frederick stated that the Program would assist the farmers. Comr. Frederick advised that she lives on a centennial farm and that her family would have some concerns with the Program; however that she believes the Program is a starting point as it keeps the land in agriculture forever, which if not preserved, Calhoun County will continue to lose agricultural land. Comr. Frederick expressed appreciation to Atty. Mullett for reviewing the Ordinance to protect the county. Chairman Austin thanked everyone for their comments and declared the public hearing closed at 8:29 p.m. CONSENT AGENDA:
Appointment Confirmation BE IT RESOLVED, that the Calhoun County Board of Commissioners extend the assignment of the Casino Impact Mitigation Committee to December 31, 2003; further, confirm the February 6, 2003 appointment of Marvin Austin as replacement for Michael Nofs.”
UNFINISHED AND OLD BUSINESS: Assistant County Administrator Wendee Woods advised that the amendment is required to reflect a change in the definition of the Delinquent Tax Revolving Fund in compliance with the issuance of Governmental Accounting Standards Board No. 34. Finance Director James Latham advised that the policy amendment reflects the practice that the Finance Department follows in terms of the books and records.
PETITIONS AND NEW BUSINESS: County Administrator/Controller’s Report Finance Department Staff Position Reclassification Asst. Administrator Woods advised that the position would change from a union position to a non-union position. Mr. Latham advised that the responsibilities of the position are being expanded to provide assistance within the Human Resource Department and to include computer and reporting skills. Mr. Latham stated that because the position shall be dealing with confidential information, the position is being changed from a union position to a non-union position. Mr. Latham advised that the position will remain within the Finance Department.
Health Department Office Space Lease Agreement Administrative Services Director Bradley Wilcox advised that the agreement is a result of the plan approved by the Board of Health to consolidate staff at the Toeller Building and move the Northside Clinic into space to be vacated by the Environmental Health staff. Mr. Wilcox further advised that by relocating the Clinic into the Toeller Building there will be an annual savings of $37,872 for the Health Department and an additional $17,000 in revenue generated for the county.
Grievance Settlement Agreement Asst. Administrator Woods advised that the settlement agreement is between AFSCME Local 2431 and a Health Department employee.
District Court Staff Position(s) Changes District Court Administrator Michelle Hill stated that the Court has the opportunity as a result of a retirement to review staffing, and requests authorization to reclassify a union Deputy Court Clerk position to a non-union Court Secretary position and to increase authorized staffing from one full-time Intensive Probation Field Contact Officer to two part-time positions, which will allow for more checks in the field. Ms. Hill stated that there will be a $24,000 savings, and even more next year; further, pointed out that the amount reflected for fringes could be less as the amount listed is the highest health expense.
Juvenile Home Mental Health Services Agreement Juvenile Home Director Laura Fryer stated that the Home has maintained an agreement with Summit Pointe since 2000, and advised that this year there will be a savings of $5,400 as Summit Pointe received a grant from the Department of Community Health to build stronger working relationships between mental health providers and the juvenile justice system. Juvenile Home staff shall conduct a mental health screening on all admissions which under the grant shall provide an in-kind service credit whereby the Home will be able to pay a flat rate of $150 month rather than $50 per hour at an average monthly cost of $600.
FY 2004 State Executive Budget Recommendation Asst. Administrator Woods reported that for 2004 there is a three percent reduction in revenue sharing which equates to a reduction of $85,745 for Calhoun County. Ms. Woods presented a listing of the reductions for all the cities and townships totaling $554,000. Ms. Woods advised that Administration will be watching the state budget closely over the next couple of months. CITIZENS’ TIME: Ms. Gray-McWhorther advised that B.B.C. is attempting to initiate serial numbers for members and that she is opposed to wearing a number on her chest. Ms. Gray-McWhorther advised that she was told today that she cannot have memorial services for her son at the chapel on April 19. Ms. Gray-McWhorther stated that she then requested April 18 and was advised no. Ms. Gray-McWhorther advised that she will start a petition drive and will go to Detroit to address Senator Converse and if need be, she will go to the President. Mr. Jerry Keller, Battle Creek resident, stated that there is no yield sign coming off the exit from west bound I-94 and that he believes it is a tragedy waiting to happen. Mr. Keller advised that he has contacted the Road Commission and the State Road Commission to no avail. CLAIMS PAYABLE LISTINGS:
ANNOUNCEMENTS: Comr. Segal announced that the Volunteer Center will be having their annual luncheon to award the volunteers on Thursday, May 1 from 12:00 p.m. to 1:30 p.m. at the Battle Creek Country Club. RECESS: The meeting recessed at 8:51 p.m. at the call of the Chair.
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