Meeting Agenda

Transcription

Meeting Agenda

♦MEMBERS
Antrim County
Planning Commission
James Gurr – 12/31/2016
Chair
Rick Teague – 12/31/2018
Vice Chair
To:
Antrim County Planning Commission
Barbara Bradford – 12/31/2016
From:
Janet Koch, Associate Planner
Date:
March 30, 2016
Re:
Meeting Notice
Secretary
Jill Barnard - 12/31/2018
Bill Bailey – 12/31/2018
Mike Hayes - 12/31/2016
The Antrim County Planning Commission meeting is scheduled for
Ron Tschudy -12/31/2017
Christian Marcus – term elected
Tuesday, April 5, 2016 at 5:30 p.m.
Board of Commissioner’s Room
Antrim County Building
203 East Cayuga Street, Bellaire, Michigan
Laura Stanek – term elected
♦ADVISORY
Agenda
Stan Moore
5:30 p.m. Call to Order
5:31 p.m. Pledge of Allegiance
♦STAFF
5:32 p.m. Conflict of Interest Disclosure
Pete Garwood
County Administrator
[email protected]
Janet Koch
Associate Planner
[email protected]
Tina Schrader
Administrative Assistant
[email protected]
Katie Verellen
Secretary
[email protected]
5:33 p.m. Public Comment
5:34 p.m. Approval of Minutes
5: 35p.m. Farmland Development Rights Application
5:55 p.m. Rules and Procedure Committee
6:05 p.m. Master Plan: Chapter 3 Implementation Steps (page 3-10)
Various Matters
Public/Member Comment
Adjournment
If you have any questions, concerns or are unable to attend this meeting,
please contact the Administration and Planning Office at 231-533-6265.
♦OFFICE ADDRESS
P.O. Box 187
Bellaire, MI 49615
PHONE:
FAX:
We appreciate your cooperation in this matter.
Thank you.
231-533-6265
231-533-8111
♦SPECIAL ASSISTANCE
If you wish to attend a Planning
Commission Meeting and require special
assistance, please contact the
Administration and Planning Office.
Enclosures:
Planning Commission Minutes – March 1, 2016 – attached pgs. 2-3
Board of Commissioner Minutes –March 10, 2016 - attached pgs. 4-8
Memo from Janet Koch RE Farmland Development Rights Application –
attached pgs. 9-19
Planning & Zoning News – March 2016
Page 2
Draft
County of Antrim - Planning Commission
Jill Barnard
Jim Gurr, Chairman
Mike Hayes
Rick Teague, Vice-Chair
Bill Bailey
Barbara Bradford, Secretary
Laura Stanek
Christian Marcus
Ron Tschudy
Minutes - March 1, 2015
Board of Commissioners Room, 2nd Floor, Antrim County Building, Bellaire, Michigan
Members Present:
Members Absent:
Staff and Others:
Jim Gurr, Bill Bailey, Barb Bradford, Mike Hayes, Laura Stanek, Rick Teague,
Ron Tschudy
Jill Barnard, Christian Marcus
Janet Koch
1.
Meeting called to order at 5:35 p.m. by Chairman Jim Gurr.
2.
Pledge of Allegiance
3.
Conflict of Interest Disclosure
None.
4.
Public Comment
None.
5.
Approval of Minutes
Motion by Barb Bradford, seconded by Rick Teague, to approve the minutes of the January 5,
2016 meeting as written. Motion carried – unanimous.
6.
Central Lake Rising Tide
Mr. Gurr and Mr. Bailey described the Rising Tide initiative from the State of Michigan. Central
Lake was one of the ten communities selected by the State to participate in Rising Tide. No monetary
assistance is being included as part of the program, but the creation of a promotional video had been
mentioned.
Some of the action items were the establishment of a local steering committee, a review of the
Village’s economic development strategy, summarizing economic challenges, and coordination with
local partners to begin public outreach. A Technology and Economic Development (TED) team has
been provided by the State to assist the community with the Rising Tide efforts.
7.
Master Plan Chapter 3: Natural Resources & Environment
The Planning Commission discussed possible revisions to Chapter 3. A number of corrections were
noted.
Mr. Gurr said at the next meeting the Planning Commission would discuss Chapter 3 implementation
steps to specifically address water protection.
Antrim County Planning Commission 3-1-2016
Planning Commission Agenda Attachments - 4/5/16
Page 1 of 2
Page 3
8.
Various Matters
Board of Commissioner Resolution – Line 5
Mr. Hayes provided materials to the Planning Commission regarding Line 5, which is a pair of
pipelines that transport light crude oil, light synthetic crude, and natural gas liquids under the Straits
of Mackinac (attached pgs. 3-12).
Motion by Mike Hayes, seconded by Barb Bradford, to recommend that the Board of
Commissioners consider approving a resolution regarding Enbridge, Inc.’s Line 5 that would
be similar to resolutions approved by other counties in northern lower Michigan.
Motion carried – unanimous.
Capital Improvements Plan (CIP) Workshop
The Planning Commission discussed their role regarding the CIP. Ms. Stanek said a CIP was new to
Antrim County; the Planning Commission could and perhaps should be involved with the CIP in the
future.
Barb Bradford suggested a working exercise for the Planning Commission regarding a CIP. It was
suggested that CIP projects be approved by the Planning Commission prior to approval by the Board
of Commissioners.
9.
Public/Member Comment
The dissolution of the Parks & Recreation Advisory Board was discussed. Ms. Stanek said the
responsibility for the creation of the next 5-year Recreation Plan would be assigned elsewhere.
Motion by Bill Bailey, seconded by Ron Tschudy, to adjourn the meeting.
Motion carried – unanimous.
Meeting adjourned at 8:25 p.m.
Submitted and Approved
___________________________________
Barb Bradford, Secretary
Date:
Antrim County Planning Commission 3-1-2016
Page 2 of 2
Page 4
ANTRIM COUNTY BOARD OF COMMISSIONERS
Thursday, March 10, 2016
The Chairman called the meeting to order at 9:00 a.m.
Present:
David Heeres, Bob Wilson, Karen Bargy, Ed Boettcher, Bryan Smith, Michael Crawford,
Laura Stanek, Chuck Johnson, Christian Marcus.
Absent:
None
Pledge of Allegiance to the U.S. flag.
Moment of Silence
The Chairman requested Public Comment. Mike Bertram spoke on the Community Mental
Health (CMH) Services & Jail Diversion Agreement and he spoke of concerns that the Parks and
Recreation Advisory Board had been dissolved at the last Board meeting and suggested that the Board
reconsider their decision. He also spoke on the Director of Commission on Aging, Judy Parliament’s
proposal to request a full time activities coordinator position and if the current Commission on Aging
2016 budget have funds to provide for the position. Public comment closed at 9:04 a.m.
It was moved by Stanek, seconded by Heeres that the minutes of February 11, 2016 be
approved. Motion carried – Unanimous.
Peter Garwood, County Administrator informed the Board that mediation had been held with
Local Teamster 214 – Sheriff Command Unit and an agreement was reached. Mr. Garwood also made
reference to a communication all the Commissioners received from Jan Boss of Charlevoix Michigan. In
the communications Ms. Boss expressed concerns about a recent experience with the Antrim County
Animal Shelter. Mr. Garwood indicated Sheriff Dan Bean has been researching the complaint and it will
be addressed at the next Health and Public Safety Committee meeting.
Commissioner Bargy reported that the Community Mental Health (CMH) Services & Jail
Diversion Agreement is not recommended at this time and will be discussed at the next Public Health
and Safety Committee meeting. Ms. Bargy spoke to the members regarding Milton Townships proposed
grant application to the Michigan Natural Resource Trust Fund for the land acquisition of the
Maplehurst property and asked members to approve a letter of support for Milton Township to the
Michigan Natural Resource Trust Fund prior to April 1, 2016.
It was moved by Bargy, seconded by Marcus that the County Administrator, Peter Garwood be
directed to write a letter in support of Milton Township land acquisition grant application to the
Michigan Natural Resource Trust Fund for the Maplehurst property and that the Chairman be authorized
to sign a letter of support prior to the deadline of April 1, 2016. Motion carried as follows: Yes –
Heeres, Wilson, Bargy, Boettcher, Smith, Crawford, Stanek, Johnson, Marcus; No – None; Absent –
None.
Consent Agenda
It was moved by Stanek, seconded by Wilson that claims and accounts in the amount of
$130,873.75 be approved and paid. Motion carried as follows: Yes – Heeres, Wilson, Bargy, Boettcher,
Smith, Crawford, Stanek, Johnson, Marcus; No – None; Absent – None.
Page 5
It was moved by Stanek, seconded by Wilson that the County Financial Fiscal Officer, Deb
Haydell be authorized to make a 2016 budget amendment not- to -exceed $4,000.00 in the Forestry
Fund #230 for the purchase of a permanent forestry easement to access the property gifted to the
County by the Prince family, the easement be only for forestry purposes, not a public easement and be
paid to the Warren family. Motion carried as follows: Yes – Heeres, Wilson, Bargy, Boettcher, Smith,
Crawford, Stanek, Johnson, Marcus; No – None; Absent – None.
It was moved by Stanek, seconded by Wilson that County-wide orthophotography be collected
in the spring of 2016 at a cost not- to -exceed $13,000.00 and that the Chairman be authorized to
execute the Michigan Statewide Authoritative Imagery and LiDAR Program (MiSAIL) Partner Agreement
between the State of Michigan and Antrim County after review by civil counsel, and that the Financial
Fiscal Officer, Deb Haydell be authorized to make the following Budget Amendment, required transfer
for the County Treasurer, Sherry Comben to make the general fund transfer in 101-000-699.516 from
the tax payment fund #516-000-999.101, with the expenditure to be posted in the general fund #101901-980.257 be approved. Motion carried as follows: Yes – Heeres, Wilson, Bargy, Boettcher, Smith,
It was moved by Stanek, seconded by Wilson that the Chairman be authorized to execute the
communication to the Department of Management Technology and Budget (DMTB) to continue the
lease agreement #10171 on a month-to-month basis with the Department of Human Services (DHHS) at
the monthly rate of $6,512.06 plus any adjustments consistent with the Antrim County Cost Allocation
Plan beginning April 1, 2016, through December 31, 2016, or until a new lease is approved by both
parties or the State of Michigan elects to move the DHHS out of the County Building, whichever comes
first be approved. Motion carried as follows: Yes – Heeres, Wilson, Bargy, Boettcher, Smith, Crawford,
Stanek, Johnson, Marcus; No – None; Absent – None.
It was moved by Johnson, seconded by Smith to rescind all previous action regarding the
provision of an “Antrim County resident discount” when camping at the Antrim County Barnes Park and
approve an Antrim County Barnes Park camping fee discount of $14.00 for Antrim County residents after
an Antrim County resident has stayed at the campground six (6) days in a calendar year, with the
discount to be used in that same calendar year. Motion carried as follows: Yes – Heeres, Wilson, Bargy,
Boettcher, Smith, Crawford, Stanek, Johnson, Marcus; No – None; Absent – None.
It was moved by Johnson, seconded by Smith that the event schedule for Art Rapids! at the Elk
Rapids Day Park be approved as follows: Art Beat, June 4, 2016 10:00 a.m. – 4:00 p.m.; Art Camp, July
11 -14, 2016 1:00 p.m. – 4:00 p.m.; and Concert in the Park, the evening of July 28, 2016. Motion carried
– Unanimous.
It was moved by Johnson, seconded by Smith that the Recycling Program funding be submitted
to the Antrim County qualified electors the question to fund or not fund at the rate of 0.25 mills ($0.25
on each $1,000 of taxable valuation) to fund the current Recycling Program and that ballot language be
drafted and submitted for approval and the question be placed on the ballot at the Primary Election to
be held on August 2, 2016. Motion carried as follows: Yes – Heeres, Boettcher, Smith, Crawford,
Johnson, Marcus; No – Wilson, Bargy, Stanek; Absent – None.
Page 6
Dewey Benson presented the Medical Examiner 2015 Annual Report.
It was moved by Johnson, seconded by Smith the Medical Examiner 2015 Annual Report be
accepted. Motion carried – Unanimous.
Mark Stone, Antrim County Drain Commissioner and Operator of Dams presented the Operator
of Dams and Antrim County Drain 2015 Annual Reports.
It was moved by Smith, seconded by Marcus the Antrim County Drain and Operator of Dams
2015 Annual Report be accepted. Motion carried – Unanimous.
Report.
John Strehl, Antrim County Airport Manager presented the Antrim County Airport 2015 Annual
It was moved by Boettcher, seconded by Smith the Antrim County Airport 2015 Annual Report
be accepted. Motion carried – Unanimous.
Mike Meriwether, County Forester and Heidi Shafer, Soil Erosion Officer presented the Antrim
County Conservation District, Antrim County Forestry and Antrim County Soil Erosion 2015 Annual
Reports.
It was moved by Johnson, seconded by Smith the Antrim County Conservation District, Forestry
and Soil Erosion 2015 Annual Report be accepted. Motion carried – Unanimous.
Sheryl Guy, Antrim County Clerk presented a Qualified Voter File (QVF) update to address the
Public Interest Legal Foundation alleging that Antrim County and twenty three (23) other Michigan
Counties are in violation of Section 8 of the National Voting Registration Act. She explained that
Michigan Election Law and Federal Law are followed which prohibits removal without voter proof and
request or having not voted for six (6) consecutive years, which presents a second November General
election in which the voter does not vote. All of the twenty-four (24) Counties listed are vacation spots,
and voter registration doesn’t always match up with primary residence as documented in the U.S.
Census. Our office works with all fifteen (15) local clerks diligently to provide the very best updated data
for their voter files.
It was moved by Boettcher, seconded by Heeres that the Commission on Aging Director, Judy
Parliament having made the request to re-establish the full-time Activities Coordinator position and that
the funds be released and authorize the hiring process to begin at a first year cost of $31,976.54, to be
paid from the Commission on Aging Fund #297 and that the Financial Fiscal Officer, Deb Haydell make
the necessary transfers to line items in Fund #297 to accommodate this position and that the position
of the part-time Bellaire Meal Site Coordinator be eliminated and approved. Motion carried as follows:
Yes – Heeres, Wilson, Bargy, Boettcher, Smith, Crawford, Stanek, Johnson, Marcus; No – None; Absent –
None.
Page 7
It was moved by Boettcher, seconded by Heeres that the Commission on Aging Director, Judy
Parliament post the position internally for five (5) days as prescribed by the General Bargaining Unit and
if interest is shown from within the department that Ms. Parliament be allowed to interview and fill the
position. Motion carried as follows: Yes – Heeres, Wilson, Bargy, Boettcher, Smith, Crawford, Stanek,
Johnson, Marcus; No – None; Absent – None.
It was moved by Boettcher, seconded Marcus that the Commission on Aging Director, Judy
Parliament be authorized to begin the hiring process of the vacant position due to the full-time Activities
Coordinator being hired from within the Commission on Aging and with an inter-departmental transfer
of the position this may cause the full-time Commission on Aging Assistant Cook position to become
vacant and pending this scenario that the funds be released and approved. Motion carried as follows:
Yes – Heeres, Wilson, Bargy, Boettcher, Smith, Crawford, Stanek, Johnson, Marcus; No – None; Absent –
None.
It was moved by Boettcher, seconded by Heeres that the funding for the Sheriff, Dan Bean be
released for a Corrections Officer when the position is vacated on March 27, 2016 by the retirement of
Tim Tilley, and that the funding be released for the vacant dispatcher position which will allow the
Sheriff to engage in the hiring process for both positions be approved. Motion carried as follows: Yes –
Heeres, Wilson, Bargy, Boettcher, Smith, Crawford, Stanek, Johnson, Marcus; No – None; Absent –
None.
It was moved by Boettcher, seconded by Heeres to approve and authorize the Chairman to
execute the Michigan Municipal Employees Retirement (MERS) Hybrid Plan Adoption Agreement to
merge Division HA into Division HB providing all new employees of the Deputies/Dispatchers and
Corrections/Cooks/Clerical bargaining units hired after January 1, 2016 with a 60-day waiting period to
be effective January 1, 2016. Motion carried as follows: Yes – Heeres, Wilson, Bargy, Boettcher, Smith,
It was moved by Stanek, seconded by Marcus that the resolution be approved that Antrim
County Board opposes Section 298 of the Executive Budget recommendation for FY 2017 as proposed by
the State of Michigan Health and Human Services budget that would decrease funding for North
Country Community Health and transfers all Medicaid and Healthy Michigan funding for specialty
services to private entities with no accountability to the Antrim County Board of Commissioners nor to
persons and/or family members of persons receiving mental health and disability services from North
Country Community Health. Vote as follows: Yes – Crawford, Stanek, Marcus; No – Heeres, Wilson,
Bargy, Boettcher, Smith, Johnson; Absent – None.
MOTION FAILS
The Chairman directed the proposed Resolution Opposing Section 298 of the Executive Budget
recommendation for FY 2017 be sent back to the Administration and County Services Committee.
Page 8
RESOLUTION #12-2016 By Laura Stanek, seconded by Bryan Smith
WHEREAS, Pipeline 5, which began operation in 1953 and now owned by Enbridge, has
transported Alberta crude oil and natural gas liquids from Superior, Wisconsin through 18 Michigan
Counties to refineries primarily in Sarnia, Ontario – a distance of 645 miles crossing numerous wetlands,
20 rivers, the Straits of Mackinac and the St. Clair River at Marysville, Michigan; and
WHEREAS, the State of Michigan and Enbridge are parties to an Easement Agreement requiring
Enbridge to operate the pipeline in a reasonable and prudent manner and to guarantee payment of all
damages and costs from its operation of said line; and
WHEREAS, the history of pipeline leaks shows that there is a significant risk of severe damage
and economic loss to government entities, individuals, businesses, and the environment; and
WHEREAS, the Michigan Petroleum and Pipelines Task Force has recommended independent
risk analysis, adequate financial assurances and independent analysis of alternatives to the existing
Straits pipelines, together with disclosure of inspection data and other information; which
recommendations have not yet been satisfied.
NOW, THEREFOR, BE IT RESOLVED, that The Antrim County Board of Commissioners hereby
request that Governor Snyder utilize the State’s authority by acting immediately to cause Line 5 to be
restricted to not more than 300,000 bbl per day and its cargo be limited to non-oil products until the
recommendations of the Michigan Petroleum Pipeline Task Force have been satisfied and an
independent panel of pipeline experts have certified that Line 5 is safe.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Governor Snyder, the
Pipeline Advisory Board and Task Force, Attorney General Bill Schuette, U.S. Senators Debbie Stabenow
and Gary Peters, Senator Wayne Schmidt, and Representative Triston Cole.
Yes Bob Wilson, Bryan Smith, Michael Crawford, Laura Stanek, Chuck Johnson;
No David Heeres, Karen Bargy, Ed Boettcher, Christian Marcus;
Absent - None.
RESOLUTION #12-2016 DECLARED ADOPTED.
The Chairman directed the Antrim Conservation District (ACD) Contracts be sent back to the
County Administration and County Services Committee.
The Chairman requested Public Comment. Jim Bertram spoke on the Boards decision to put the
Recycling Program funding proposal on the ballot in the amount of 0.25 mills. Public comment closed at
12:10 p.m.
The meeting adjourned at 12:11 p.m.
__________________________________
Sheryl Guy, County Clerk
______ __________________________
Michael Crawford, Chairman
Page 9
Memorandum
Administration Office
March 29, 2016
TO:
Planning Commission
FR:
Janet Koch, Associate Planner
RE:
Farmland Development Rights Application
The following attachments are a brochure (courtesy of Stan Moore) that introduces the State of
Michigan's Farmland & Open Space Preservation Program and an application for enrollment in the
program.
This is an agenda item for the Planning Commission because, similar to the statutory responsibilities
of the Planning Commission to review the township master plans and zoning ordinances, the
Planning Commission is also notified by local zoned townships and villages when there is an
application for enrollment.
From 324.36104 of the Farmland and Open Space Preservation Act (technically named Part 361 of
Act 451 of 1994, but more commonly known as PA 116}:
(3) An agency or local governing body receiving notice has 30 days to review, comment, and
make recommendations to the local governing body with which the application is filed. These
reviewing agencies do not have an approval or rejection power over the application.
Mr. Rubingh's application seems to be in order. If the Planning Commission agrees, please consider
the following motion:
Motion by
seconded by
to recommend that the Banks
Township Board approve the Farmland and Open Space Preservation Program application
from Marvin Rubingh for parcel number 05-01-035-022-00.
Page 10
Banks Township
Donna L. Heeres, Clerk
P.O. Box 68
Ellsworth, Michigan 49729
Phone (231) 588-6126 Fax (231) 588-2079
March 15, 2016
Antrim Conservation District
Banks Township
To Whom It May Concern:
.,f
MAR 1 8 2015
.,. .• r'
,.
•...:• a;,
l1
...
!
••
•
,•
~
... ; .....
,.. .,._ , ,.
1~,:!, -.i;. ll ... . "-1 r
Enclosed please find a copy of application for Fannland Agreement submitted by Marvin
Rubingh for Parcel# 05-01-035-022-00 in Banks Township. The parcel is 10 acres in
size.
Your agency has 30 days to return comments on this application to the Banks Township
Board. The Banks Township Board will meet on April 18, at 6:00 PM to take action on
this request.
If you have any questions, please do not hesitate to call.
Sincerely,
Donna L. Heeres
Banks Township Clerk
FARMLAND AND OPEN SPACE
OFFICIAL USE ONLY
Local Governing Body:
PRESERVATION PROGRAM
a • .,...~..,.,.,.,
Application for Farmland Agreement
Date Received:
3 { ~ ft(,
"1-.C/b - I
Page 11
AGBICUlJDBE
Application No:
Part 361 of the Natural Resources and Environmental
Protection Act, 1994 Act 451 as amended, more
commonly known as PA 116.
State:
Date Received: _ _ _ _ _ _ _ _ _ _ _ _ __
Please print or type. Attach additional sheets as
needed. Please read the Eligibility and Instructions
document before filling out this form.
Application N o : - - - - - - - - - - - - - Approved:------ Rejected:._ _ _ _ __
ALL APPLICATIONS MUST BE APPROVED BY LOCAL GOVERNING BODY
ON OR BEFORE NOVEMBER 1 IN ORDER TO BE EFFECTIVE FOR THE CURRENT TAX YEAR
[),.. 1 .... o/ I
VI
_;1 r•--c~"...;...._____.c../l
1. Name(s) of Applicant: ___,/'--'-\""....:..-t>__
__a..:.r...;tt"'"-'-'1'¥\..;.=._ _ _ _ _ _ _v_ __
L:ast
First
Initial
L Personal Information:
b_~n-,-r1-~-------_.;J.::......;,,ec~1-'-~------L~-:--
(If more than two see #15)_(R;.__o_t
Last
First
Initial
Marital status of all individual men listed on application, if more than one, Indicate status after each name:
~ Married
0 Single
2. Mailing Address:
f O'J,?... f.Lfft,_;..,~
Street
3. Telephone Number: (Area Code)
&I
£/h..,,,"rr/..
State
Zip Code
(l.7() _ __;;;..f"...;.S_B'_-_6_0-'&':;.......;'-/_ _ _ _ _ _ _ _ _ __
4. Alternative Telephone Number (cell, work, etc.): (Area Code) (
5. E-mail address:
tf97Z-'1
City
M ,..._I,,·~,~<!
>------------
'l-rel,.ftt.k~. c..D""l
o
11. Property Location (Can qe taken from the Deed/Land :gntract)
1
6. County: A I\. tr' ~
7~wnsh~ity or Village: ....:;:D:;...o_""_~__.'i'"-----8. Section No.
3
Town No.
3 '2. N
Range No. _...,8..__M/
______
'7
Ill. Legal Information:
4f. Attach a clear copy of the deed, Jan'd contract or memorandum of land contract. (See #14)
--1"0. Attach a clear copy of the most recent tax assessment or tax bill with complete tax description of property.
11. Is there a tax lien against the land described above? 0 Yes ~ No
If •Yes", please explain c i r c u m s t a n c e s : - - - - - - - - - - - - - - - - - - - - - - - - -
12. Does the applicant own the mineral rights? .18 Yes D No
If owned by the applicant, are the mineral rights leased? 0 Yes ~No
Indicate who owns or is leasing rights if other than the a p p l i c a n t - - - - - - - - - - - - - - - Name the types of mineral(s) i n v o l v e d : - - - - - - - - - - - - - - - - - - - - - - - - 13. ls land cited In the application subject to a lease agreement (other than for mineral rights) permitting a use for
something other than agricultural purposes: D Yes ~ No lf •Yes", Indicate to whom, for what purpose and the
number of acres involved:
14. Jslandbeingpu~hased un-d~e-r~la-n~d-co-nt~ra-ct~D~Y~e-s~~~N~o-:~tt~.Y~e-s~.~.i~n~di~c-at_e_v_e-nd~o-r~(-se~l~le-rs~):_ _ _ _ _ __
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Address=-----------------------------------Street
City
State
Zip Code
14a. Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, states that the
vendor (sellers) must agree to allow the land cited in the application to be enrolled in the program. Please have
the land contract sellers sign below. (All sellers must sign).
Land Contract Vendor(s): I, the undersigned, understand and agree to permit the land clted In this appllcatlon
into the Farmland and Open Space Preservation Program.
Date
Signature of Land Contract Vendor(s) (Seller)
rev. 112011
Page 12
15. If the applicant Is one of the following, please check the appropriate box and complete the following information (if
the applicant is not one of the following - please leave blank):
_ 2 or more persons having a joint or common interest in the land
_ Corporation
_ Limited Liability Company
Estate
Trust
_ Partnership
Association
Jf applicable, list the following: Individual Names if more than 2 Persons; or President, Vice President, Secretary,
Treasurer; or Trustee(s); or Members; or Partners; or Estate Representative(s):
(Additional names may be attached on a separate sheet}
IV.
Land Eligibility Qualifications: Check one and fill out correct section(s}
This application is for:
a. 40 acres or more
complete only Sedion 16 (a thru g);
......-i:i. 5 acres or more but less than 40 acres
_ _ c. a specialty farm
complete only Sedions 16 and 17; or
complete only Sections 16and18.
16. a. Ty~e o! agricultural enterprise (e.g. livestock, cash crops, fruit. etc):
Oa.1rb. Total number of acres on this farm:
1000 +
-----------------------------------------------~
c. Total number of acres being applied for (if different than above): ___...1.:::0'-----------------------d. Acreage in cultivation: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
e. Acreage In cleared, fenced, Improved pasture, or harvested grassland: - - - - - - - - - - - - f. All other acres (swamp, woods, etc.),_ _'f..;....._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
g. Indicate any structures on the property: (If more than one building, indicate the number of buildings}: I\ c:ui -e
No. of Buildings----- Residence:------ Barn:
Tool S h e d : - - - - Silo:
Grain Storage Facility:
Grain Drying F a c i l i t y : - - - - - - - - - Poultry House:
Milking Parlor:
Milk H o u s e : - - - - - - - Other: (Indicate) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
17. To qualify as agricultural land of 5 acres or more but less than 40 acres, the land must produce a minimum
average gross annual income of $200.00 per acre from the sale of agricultural products.
Please provide the average gross annual income per acre of cleared and tillable land during 2 of the last 3 years
immediately preceding this application from the sale of agricultural products (not from rental income):
$
1-7f ~ ()
total income
6 A-e"''
C.orn.
=$
'T f
0
(peracre)
total acres of tillable land
18. To qualify as·a specialty farm, the land must be designated by the Michigan Department of Agriculture, be 15
acres or more in size, and produce a gross annual income from an agricultural use of $2,000.00 or mere. If a
specialty farm, indicate average gross annual income during 2 of the last 3 years immediately preceding
application from the sale of agricultural products: $ - - - - - - - - - Please note: specialty farm designation may require an on-the-farm site visit by an MCA staff person.
Page 13
19. What is the number of years you wish the agreement to run? (Minimum 1 O years, maximum 90 years);
I0
V. Signature(s):
20. The undersigned declare that this application, including any accompanying Informational material, has been
examined by the~t of their knowledge and belief is true and correct
~~
(Signature of Applicant)
_ _ _ _ _(_C_o_rp_o-ra_t_e_N_am_e_,l~f~Ap-p~l~ica~bl~e~}-----
'
(Signature of Corporate Officer)
(Co-owner, If Applicable)
j..-2-'1-/b
(Title)
(Date)
ALL APPLICATIONS MUST BE APPROVED BY LOCAL GOVERNING BODY
ON OR BEFORE NOVEMBER 1 IN ORDER TO BE EFFECTIVE FOR THE CURRENT TAX YEAR.
RESERVED FOR LOCAL GOVERNMENT USE: ctERK PLEASE COMPLETE SECTIONS I & II
I. Date Application Received: __>_/_1_(_1'4
_____ (Note: Local Governing Body has 45 days to take action)
Action by Local Governing Body: Jurisdiction: -....:.&.=.;;.~.;......;;...
t.r.s'---Ti"""'""'"c_~_.,..s_l..._·_p'----.------.------Coun~ ~ Township D City
Village
0
This application is
D approved, 0
rejected
D
Date of approval or rejection:_ _ _ _ _ _ _ __
(If rejected, please attach statement from Local Governing Body indicating reason(s) for rejection.)
Clerk's Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Property Appraisal: $_ _ _ _ _ _ _ _ _ is the current fair market value of the real property in this application.
II. Please verify the following:
2!L Upon filing an application, clerk issues receipt to the landowner indicating date received.
"3/
Jt;' Clerk notifies reviewing agencies by forwarding a copy of the application and attachments
-;--
Note: Review Agencies have 30 days in which to respond before local governing body can proceed.
_ _ If rejected, applicant is notified in writing within 10 days stating reason for rejection and the original application,
attachments, etc. are returned to the applicant. Applicant then has 30 days to appeal to State Agency.
_ _ If approved, applicant is notified and the original appllcation, all supportive materials/attachments, and
letters of review/comment from reviewing agencies (if provided) are sent to:
MCA-Farmland and Open Space Program, PO Box 30449, Lansing 48909
"Please do not send multiple copies of applications and/or send additional attachments In separate
mailings without first contacting the Farmland Preservation office.
Please verify the following regarding Reviewing
Agencies (sending a copy to reviewing agencies is
required):
p
COPY SENT TO:
V
O
V"Copy of Deed or Land Contract (most recent
Conservation District
showing current ownership)
JJ
o(g(
__ County or Regional Planning Commission
V
Before forwarding to State Agency,
FINAL APPLICATION SHOULD INCLUDE:
~ ·'1&'20 Sfr:n;-e.r
tv'/A- Township (if county has zoning authority)
olI 1'+- City (if land is within 3 miles of city boundary)
p! IJA Village (if land Is within 1 mile of village boundary)
V Copy of most recent Tax BiU (must include ti!
description of property)
V
Map of Farm
_Copy of most recent appralsal record
_
Copy of letters from review agencies (if available)
_Any other applicable documents
Questions? Please call Farmland Preservation at (517) 373-3328
'J
2,. S'l.f-'i'6
Page 14
Map of Farm with Structures and Natural Features:
A.
B.
C.
D.
Show boundary of land cited in application. (Grid below ls designed to represent a 5280 tt2 (1 mile2) Section)
Show all buildings (house(s), bam(s), etc.); also label roads and other avenues of travel (i.e. utility access, etc.).
Outline and designate the current uses of the property (crops, pasture, forest, swamp, etc.).
Clear copies of map(s) provided by USDA Farm Service Agency are acceptable, but please label any roads visible on
map, structures and their use, etc.
Note: Any residential structures housing persons not directly associated with the farm operation must be excluded
from the application. Please indicate if a building falls in this category and provide the appropriate property
description for its exclusion. Unless the appropriate description is included, your application cannot be processed .
........ ............. ............ ... ... .. .... .. .... ......
·c~~~iY··
..
A-~
·:;.;:../-;,;;, ..........................................................
(i""'
Township
k5
T ~ l N R '3' '-' Section ~
'7"
1 hh.I.. ti • 11 n . 1 u:m:a:z;s:a
Aerial Photo Map
Aerial PMm Map
.
The Clrlglnll llll01Da11phs used on 1111$ web site wn ~ bVtbe Anlrtm CountyPllnnino ClllCll. Tiie pbclm weni mllec!ccl In the 1Pfino Gf 1999 The 'bosl ..,..Ullon' ofllllle lmlga 1s
~~~~.
The A&rtll Phalo MllP(~ra!lhY) canslsls al' Images P-.ed bV CQftlllllterla .._the ~gillSCd Ill' Wt or Ille 11rm1tw tcpographk: rdlef In Ille llndsclpe. lbese
Images •re praperty Kiiied Ind locl1ad In Ille mte plane ~le rrstam (~) Illus giving lltcnl slmllr dllract.nslla al' 1 map.
La. 11'-eJ
e 11 N
" "' t:t ! I I/
/t,J ;~ PA 116.
t; ;I~
s
~
STATE ~REAL ESTATE *
.[ANTRIM]
- ICHIG
·. . , TRANSFER TAX!
CO*
*
Page
IIlllllllllllllllllllli
llI15
Il!I
B0 0 4 8 33
M
Tx:4002929
516.SO
11/25/2015
$112.50 ST
2015DOODHDS
"
CERTIFICATION
·
TTX# 4DD29:l9
-
ll/2'5ft5
*
201500009608
Filed for Recore! in
ANTRIM COUNTY MICHIGAN
PATTY NIEPOTH
REGISTER OF DEEDS
11/25/2015 1 :02 PM
· PAGES: 3
~ ;J
Ih•,.by certify that •cconlln11't0 our record8 •II !axe•
,.tumtd to thl• omce •re paid for five yeara preceding tht
d1t• to thla Instrument. Thia does not Include laxes In the
process of col!•ctlon.
Sheny A. Comban, Anll'lm Coun~ Trauurer
Warranty Deed
-
KNOW ALL MEN BY THESE PRESENTS: That
The Estate of William A. Skaggs, Deceased, by Lucas Skaggs, Personal
Representative pursuant to the copies of the Death Certificate a.11d Letters of
Authority, File No. 14-12874-DE, Antrim County attached hereto
whose address is
PO Box 481, Benzonia, MI 49616
convey(s) and warrant(s) to
Marvin Rubingh
whose address is
8022 Rubingh Road, Ellsworth, MI 49729
Land situated in the Township of Banks, County of Antrim, State of Michigan, described as follows:
Commencing at the Northwest corner of Section 35, Township 32 North, Range 8 West; thence East 750 feet; thence South 600
feet; thence West 750 feet; thence Nonh to the Point of BegiMing.
Commonly known as: 6974 Ellsworth Road, Ellsworth, MI
Tax ID: 05-01 -035-022-00
If the land being conveyed is unplatted, the following is deemed to be included: 1) This property may be located within the vicinity
of farmland or a fann operation. Generally accepted agricultural and management practices which may generate noise, dust, odors,
and other associated conditions may be used and are protected by the Michigan right to farm act, and 2) The grantor grants to the
grantee the right to make /1-U.- division(s) under section 108 of the Land Division Act, Act No. 288 of the public Acts of 1967.
for the sum of Fifteen Thousand and 00/100 Dollars $15,000.00
Subject to easements and building and use restrictions ofrecord.
Dated this
l~ay ofNovember, 201.5
Th·;::::r~--By: Lucas Ska&gs, Personal Representative Pursuant
to Letters of Authority File No. 14-12874-DE,
Antrim County
State of Michigan
County of ~nz..11!:.-
Ti..~ ;.. , ~. .,.,., ;. . . r.. ~.:.,,...,.~t
,: c: .Planning
. 1mn:1~r1~:.r:iCommission
me
icl'dav ofNove~b~r~·2oi5. bv- Lucas Ska~s. Personal Representative;Agenda Attachments - 4/5/16
h!'!forl!
rh is
.
.
.
Authority, File No. 14-12874-DE, Antrim County attached hereto
-
-
who~e address is
PO Box 481, Benzonia, MI 49616
convey(s) and warrant(s) to
Marvin Rubingh
whose address is
8022 Rubingh Road, Ellsworth, MI 49729
Page 16
Land situated in the Township of Banks, County of Antrim, State of Michigan, described as follows:
Commencing at the Northwest comer of Section 35, Township 32 North, Range 8 West; thence East 750 feet; thence South 600
feet; thence West 750 feet; thence North to the Point of Beginning.
Commonly known as: 6974 Ellsworth Road, Ellsworth, MI
Tax ID: 05-01-035-022-00
If the land being conveyed is unplatted, the following is deemed to be included: 1) This property may be located within the vicinity
offannland or a fann operation. Generally accepted agricultural and management practices which may generate noise, dust, odors,
arid other associated conditions may be used and are protected by the Michigan right to fann act, and 2) The grantor grants to the
grantee the right to make tH..1- division(s) under section 108 of the Land Division Act, Act No. 288 of the public Acts of 1967.
for the sum of Fifteen Thousand and 00/100 Dollars $1 S,000.00
Subject to easements and building and use restrictions of record.
Dated this i'f-/JJaay ofNovember, 2015
The:Z::I~--By: Lucas Skaggs, Personal Representative Pursuant
to Letters of Authority File No. 14-12874-DE,
Antrim County
State of Michigan
County of ~nz.1~
The fo;~going instrument w~ a~~owledged before me this l9~ay ofNovember, 201s:·~y-Lucas Skaggs~Personal ~pr:sent&tive,
of The Estate of William A. Skaggs, Deceased, pursuant to the copies of the Death Certificate and Letters of Authority, File No.
14-12874-DE, Antrim County attached hereto.
My commission expires:
Drafted by:
Daniel P. Lievois, Esquire
Devon Title Agency
616 Petoskey
Petoskey, MI 49770
When recorded return to:
Marvin Rubingh
8022 Runbingh Road
Ellsworth, MI 49729
File No: 505003
lms
..... :::::
•• 1-
c..-i :a:
O•
i
~v~~
Official Wint.e: Tax Receipt:
3A..»l:-<:S TOWNS!iir
?:o~ert.y #: 05-01-035-022-00
Page 17
Received o!:
?ru:/l".3T:
H,0~8
SE:V:
0.0000
~.SS:
14.,200
SCE!.:
05065
RlJB!NGr: ~-~vm
8022 Rl.lBING:t RD
400
ELLSWORTF. M! 49729
~.T.ount
111.57
02/15/2016
111.57
'rotal Rec::vd:
DETA!!.E:D
3RE.~.KDOWN
OF
3!l~!NG/?AYMENTS
!OR 05-01-035-022-00
M!LLAGE
Tax Bil:.ed
Total Pa.id
BALANCE
0.4000
S.6l
14.03
o.oo
7.01
7.01
l4 .03
9.82
14.03
2.80
36.23
S.Ol
! 4.03
7.01
7.01
l4 .03
9.62
14.03
2.80
36.23
Int:e:::est/:e~
l.00
0.00
l.00
0.00
Over
o.oo
o.oc
0.00
0.00
O.JO
111.57
lll.Si
O.JO
DElSCRl:P~J:ON
CO VOTED-COA
CO VOTE:O-M3
co VOTE:o-:::;n O?
~ EMS AUT;;'.ORZT'!
:..cooo
TO'i>'"NSE!? T.U.X
S? J!.S!~-:::i;~
0.5000
0.5000
! .0000
0.7000
TW? VOT:::-R:>;l.05
1.0000
!SD TILX-c::_u_, EM
0.2000
2.5813
!SD
VOTE-CH..~-~
E:M
.;c...'"lin :ee
?a:i"1.en~s
TOT~.LS
-------->
7.88130
Acid::::
0.00
0.00
0.00
0.00
o.oo
0.00
o.oo
0.00
6974 :!:LLSWORTE
~
COM AT NW COR OE s~c 33, TH E 750 FT, TH S 600 E"T, TE
W750 FT, TE ~ TO ?OB SEC 33 T32N RBK 10 A M/L
!
~R::S~ C~~T!:Y
TF.AT
AP?L!C.~T!ON
M.lUJE TO l?AY :O.L!. 'l'Jl.X::S, SE'EC!~.L
ASs:::ssM:":t-."Xs A."'D suru:::_:.RG:::s, DUE AND
?A~AE!LE: AT TH!S OFF!C~ ON T~3
DESCRIPT!ON SHOWN !N TH!S RECE!?T
W~.S
EXC~PT
!\i33!NGH
8022
TF.OSE
~l~Oi:JNTS SEOtiN
A30v::
M..~V!~
~ii3!NG!:
Rn
E!.!.SWORT:i IH 49729
!N THE:
What Happens When an Agreement Expires?
Page 18
During the last year of a Farmland Development Rights
Agreement, the agreement holder will be sent a notice
asking whether the agreement will be extended or
allowed to expire.
Which hnds are Eligible?
liarmland:eligjplllty Is $!tenn;n,d by,tfie size oflfte
farm, and s<imetlrnes, t>y flle farm's Income. A parcel
meets quallficatlon requirements for entollment In a
FarmJandlDevefOpment Rights Agreementilf 011e of
tthe following.is1rue:
• Parcel.is~ acres or•larger, arid a mlnl111um of 51%
ofthe land Is devoted·t o afl'agrla.tftutal use.
! Parcel ~ ~least<five acres but less tflan 40 acres
Ui size, atl least 51~ ofthe
Is devoted to an
Ultural use, aJld the agrrcutfural land proctuces
a g.
~al Income Qf $200 QC'.fT\91'e·~ tillable
(p,arcefs lfl·GRP a.re cons!Oefedito meet the
gross inl!ome reqtikimet\t).
• itarcel'l\as been designated as a~liy farm by
Mt:>AR9, Is a:nlfn?fllUfll Of'15 acres, af\Ci Ila$ a gross
annual Income exceeding $2,000;per yeari
• "Ag{iailtu~ use" meanS'ttie pro<hKtion Of\plants
and animals lisefi.11 to h~ns, lndudlng forages
and soa aops; gpJns, feed crops. a00'field1crops;
~lry-aJil·dairy products; J)9\fltry,and P9Ultry
prOdudS; livestoCl<;·lnCtiJ.d!nglbfEeding-aod Q{aling,
ofGittle, swine, "ilRqve cervldaJ. and $\milar ~nlmals;
berries;lf\el'bs; flowers; seem; g~ OUf'SCfY
stoCk; fruits; vegetables; maple syrup,prcXl_uctfqoi
dirlstmas trees; and.other. 5iJTii~r useS'apd adivttles.
Agricultural use lndooesuse In a feaercil aczreage
set-aslDe P,rogram ~ a fedj!fal ~tlon reserve
prog~.AgricUJNra1 use does not !~tie the
~enlland!harve~ing ofra1woodloti
1ana
:B:
Extension
After the initial term of the 10-year agreement, it may
be extended for a minimum of seven years, or longer, up
to 90 years maximum.
Expiration
If the agreement holder chooses to let the agreement
expire, tax credits received during the last seven years of
the agreement must be repaid. The agreement holder
will be notified of the amount.
If the amount is not paid within 30 days, a lien will be
placed against the property. If no credits were taken
during the last seven years of the agreement, then no
lien will be placed.
Must the Landowner Provide Public Access?
The landowner is not required to provide public access
to participate in the program.
0
How Long Does the Agreement·Last?
Program forms are available at
www.michigan.gov/farmland
Jhe tiflglna& farmland agreemenl11s contrade<f•fQr a,
mlnimufn.of1 O!}'ears, (\i'ld a1filafdmum of90 yea.11The agreement11T19y be exte~ fur a mlnlfn~
of 7 )lea.IS or longer; after~ lnitjal'term.
Dep• rtme n t ol
~P!!~!J,!!
Michigan Department of
Agriculture & Rural Development
Environmental Stewardship Division
P.O. Box 30449, Lansing, Ml 48909
Phone: 517-284-5663
MDARD-PA [email protected]
----
...
.....
.
~
·'
.
·'
... -
--
Page 19
.
How Does the Landowner Benefit from
Enrollment In the-Program?
How Does the Landowner Apply for
Tax<iredks:
Benefits under a farmlan<t agreement-depen~fon fhe.tax
assesseCI !'~fnstithe property, ahif !tfle tandbwneti's
lntome. l'he·tando9mer is entltfecfto claim a MIC:fil~n
Program forms are available at
www.michlgan.gov/ farmland
After the landowner fills out the application, It must be
submitted to the local governing body (f.e.. city, village,
townsh Ip or county).
1
What is The Farmland and Open Space
Preservation Program?
The Farmland and Open Space Preservation
Program is designed to preserve farmland and
open space through agreements that restrict
development, and provide tax incentives for
f~me tax.aedlteqyal to the amount of1~:property
taxeson•the ~nd and Improvements covered by1he
agreement minus 3.5% of the'landowner;tlo\Jsehc>ltt
income.
For example, ·tftfie owner1has an1lncome of$20,000
ana property.taxes onJttfe farm total $2,000, Ile/she
would st.tbtrad: $700 (3.S,petcient of $20,000) from
the.$2,000 property ta~ for an lnczome1ax credit of
$·1~. th1siq.1c:cretlitls1fn adtntiOh to tne tii:fmeStead
' PropertyT~~te(;llt, for wntch the lan&wnermay
alread)' be gu~lffied.
program participation.
(See brochure t2 Farmland Agreements-Transf'errlng, Splitting
& Releaslng for Information on revising agreements.)
What Does the Farmland and
Open Space Act Do?
5P.ec1at.Asse~ments: ,
The act enables a landowner to enter Into a
1.and that:quallfiet andlls enmllftdllR·Jtle P.~r.tm,
Development,Rights Agreement with"the state. It
ensures that the land remains in agricultural use for
a minimum of 10 years, anCI Is no.t developed for any
non-agrlcuttural use. In return, the landowner may
~ entltled·to certain Income tax l:>e!iefits, and the
·1and Is not-subjctcf to special assessments for sanitary
sewer, water; lrghts or non-farm drain projects.
1
ls·~empt-frqpl ~al ~ments fo~ san~ary
sewers, Wi1t!fl llgfttstQfirfOn-f,atmdfaina~ llhlis.$ the
assessmeh\SWC!fe h~tpttor to~ ri!cordl~ofi
the f8rmlaml agreementwi,ana ~pted.fiom sP.l!da.I
~ment.VtiU 1 be·denled•use.Qfittie
Jniptn\'efl'\f!nt
until tt\e pQffiQfi of.the~ ois~t d~
attrlbUfable to tne.~ use oftheilniprovemehr.ts
paldtWhen·tl\e fam\l~l'\<lag~t ls-tennlnatedt the
loGal'~m;fy, r~lre,paymierft>of.tfle ~Ill
..
..
assessmerit;Jiowever;.tl\e afnollnt qfthe ~sment
~h~llel'tceta:ttte amount-the i!~~d\~Ve
been ahthe·t1me dftfte emnptib"1 ~ GSA notlftd.~e
a_rty iflHfreSbor.~fty.
Enrollment?
Application Is made with the township derk If the
township has adopted a zoning ordinance, or with the
county for those townships which have not adopted
a zoning ordinance.The local governing body has 45
days to approve or reject the application.
Within the 45-day period, the governing body must
seek comments from the county or regional plann Ing
commission; the soil conservation district; a city, if the
land Is within three miles of the city; or a village, If the
land Is within one mile of the village. These agencies
are al lowed 30 days from the day of notification to
forward their comments to the clerk of the local
governing body. If approved, the application Is
forwarded to MDARD.
The application to enroll must be apP«>ved by the
Joeal goveriil~·body on·or before November 1 to be
ellglble forttiatyear.~ tax cr~lt
tf no adlon Is taf<en.by the loCal gOWrilng &dy, or
the appllcptton Is reject~~ th~ apr>llcantmay appeal
directly to tile MDARD within 30 days.

Meeting Agenda

Transcription

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