Board of Commissioners Room – Courthouse

Mason, Michigan7:30 p.m.

July 27, 2004

 

The Ingham County Board of Commissioners met for their regular meeting at the above time and place.  The meeting was called to order at 7:30 p.m. by Chairperson Celentino. Roll was called and all Commissioners were present except Commissioner Minter.

 

PLEDGE OF ALLEGIANCE:

Dallas Henney led the Board in the Pledge of Allegiance and a few moments of silence were observed for meditation.

 

APPROVAL OF THE MINUTES:

Moved by Commissioner Lynch, supported by Commissioner Grebner to approve the Minutes of the June 22, 2004 meeting, as submitted.   Motion carried unanimously.  Absent:  Commissioner Minter.

 

ADDITIONS TO THE AGENDA:

Commissioner Swope reported that there was a substitute resolution for agenda item no. 20 – Resolution in support of Capital Area Michigan Works! Grant Application to the Michigan Department of Labor and Economic Growth for a Regional Skill Alliance Project.  The substitute was accepted by the Chair.

 

Commissioner Swope reported that there was a substitute resolution for agenda item no. 32 – Resolution to Adopt a Revised Equal Opportunity Employment Plan.  The substitute was accepted by the Chair.

 

Commissioner Schor requested the addition of a late resolution requesting an amendment to the Dog Law of 1919.  This was accepted by Chairperson Celentino and added as agenda item no. 54.

 

Commissioner Nevin requested the addition of a late resolution to authorize funding of up to $20,000 for free water testing and blood testing for low income families at risk of lead contamination.  This was accepted by Chairperson Celentino and added as agenda item no. 55.

 

PETITIONS AND COMMUNICATIONS:

Letter from Pinebrook Manor Apartments giving notice of intent to prepay the mortgage loan.  Received and placed on file.

 

Memo from Commissioner Schor, tendering his resignation from the Tri-County Regional Planning Commission Steering Committee.  Received and placed on file.

 

Notice of hearing from Delhi Charter Township for an Industrial Facilities Exemption Certificate for Holt Products Company.  Referred to the Finance Committee.

 

Letter and resolution from Midland County to support the proposal to collect general fund taxes in July and to continue county revenue sharing.  Referred to the Finance Committee.

 

Letter from the Otsego County Board of Commissioners regarding the funding dispute between Otsego, Crawford and Kalkaska counties and the 46th Circuit Trial Court.  Referred to the County Services Committee.

 

Letter from the U.S. Department of the Interior, offering congratulations on the re-dedication of Lake Lansing South Park.  Received and placed on file.

 

Letter from the Michigan Department of Environmental Quality, forwarding the Air Quality Division’s pending New Source Review Application Report.  Received and placed on file.

 

Letter from the State of Michigan Office of Financial and Insurance Services announcing a public hearing on proposed rules to reduce insurance base rates and to ban the use of credit scoring,  Referred to the Law Enforcement Committee.

 

Letter from the Michigan Department of Corrections, forwarding the final audit report of the Ingham County Jail Reimbursement Program.  Referred to the Law Enforcement Committee.

 

Letter from Alpena County Expressing opposition to the passage of Senate Bill 217 in its present form.  Referred to the County Services Committee.

 

Resolution from Lake County regarding a guarantee of state revenue sharing.  Referred to the Finance Committee.

 

Resolution from Washtenaw County supporting the Drug Fair Pricing Act and the Great Lakes Alliance for Affordable Drugs Act.  Referred to the Human Services Committee.

 

Resolution from Antrim County urging that all state and federal ORV and Snowmobile Trails in all northern Michigan counties be signed.  Received and placed on file.

 

Letter and resolution from Bay County regarding coordination of New Prescription Drug Plan.  Referred to the Human Services Committee.

 

Resolution from Wexford County in support of House Resolution Y, Guarantee Revenue Sharing.  Referred to the Finance Committee.

 

2003 Annual Report of the Ingham County Controller.  Received and placed on file.

 

Ingham County’s Comprehensive Annual Financial Report for the fiscal year ended December 31, 2003.  Referred to the Finance Committee.

 

Letter from Debbie Alexander, President of CARC (Capital Area Rail Council) regarding membership representation on the Greater Lansing Passenger Rail Council.  Referred to the County Services Committee.

 

Mid-South Substance Abuse Commission’s Financial Audit for fiscal year 2002/2003.  Received and placed on file.

 

Letter from Cohl, Stoker, Toskey & McGlinchey regarding Otsego County Commissioner Lee Olsen’s letter dated June 22, 2004.  Referred to the County Services Committee.

 

LIMITED PUBLIC COMMENT:

Steve Brewer addressed the Board about his continuing concerns with not receiving medical treatment from the Ingham County Health Department.

 

Brian Smith, from Lansing, addressed the Board to thank Commissioner Dedden from District 7 for all her help with the Wolverine pipeline issue.

 

 

Christine Timmon, from Lansing, addressed the Board regarding Domestic Partner Insurance for county employees.

 

Ms. McPatrick, from Lansing, addressed the Board regarding the Hawk Island Park beach area.

 

Ody Norkin, from Okemos, addressed the Board regarding the Airport Authority Board.

 

CONSIDERATION OF CONSENT AGENDA:

Moved by Commissioner Schafer, supported by Commissioner Holman to adopt a consent agenda consisting of all items except 23, 25, 28, 29, 32, 33, 34, 35, 36, 54 and 55.  Motion carried on a unanimous roll call vote. Absent: Commissioner Minter.  Items voted on separately are so noted.

 

COMMITTEE REPORTS AND RESOLUTIONS:

The following resolution was introduced by the County Services Committee:

 

RESOLUTION MAKING APPOINTMENTS TO THE

INGHAM COUNTY YOUTH COMMISSION

 

RESOLUTION #04-205

 

WHEREAS, vacancies exist on the Ingham County Youth Commission; and

 

WHEREAS, the County Services Committee interviewed youth interested in serving on this Committee:

 

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby makes the following appointments to the Ingham County Youth Commission:

 

                          Paul Wilson, 530 Edison Avenue, Lansing, 48910

 

to a term expiring August 31, 2006, and

 

                          Renee Snodgrass, 1907 Persimmon Path, Holt, 48842

 

to a term expiring August 31, 2005.

 

COUNTY SERVICES:  Yeas:  Thomas, De Leon, Hertel, Severino, Nevin

            Nays:  None                  Absent:  Swope         Approved 7/20/04                         

 

Adopted as part of the consent agenda.

 

The following resolution was introduced by the County Services Committee:

 

RESOLUTION DESIGNATING THE MONTH OF JULY AS AMICHIGAN FARM WORKERS APPRECIATION MONTH@ IN INGHAM COUNTY

 

RESOLUTION #04-206

 

WHEREAS Michigan is one of the nation=s most diverse agricultural states growing over 100 commercial crops, second only to California in variety; and

 

WHEREAS for nearly 100 years, hardworking farm worker men and women have helped cultivate our soil, work our land, and sustain and grow Michigan=s agricultural economy and the state=s urban and rural areas; and

 

WHEREAS Michigan 6th leading user of migrant and seasonal labor in the country, involved in the production and harvest of over 45 crops whose estimated state total field value is $2.5 billion; and

 

WHEREAS the Michigan=s economy gained $34 million in Federal government transfer payments for programs to service the migrant and seasonal farm worker population in the state; and

 

WHEREAS, 264 Ingham County farms employing over 1,600 farm workers have an estimated payroll cost of $7,599,000; and

 

WHEREAS, migrant farm workers spend about half of their season=s earnings in rural and urban communities across Michigan where they work; and

 

WHEREAS, the weekly earnings of all Michigan farm workers and of migrant farm workers equal 69% and 57% respectively of the earnings of U.S. wage and salary workers; and

 

WHEREAS, farm workers are excluded from many state and federal labor laws, work in one of the most hazardous industries, and suffer some of the worst working and living conditions of any group of workers in the state; and

 

WHEREAS, for over half a century migrant farm workers have been making Ingham County their home and have become productive members of our communities and neighborhoods; and

 

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby designates the month of July as AMichigan Farm Worker Appreciation Month@ in Ingham County.

 

BE IT FURTHER RESOLVED, that the Board appreciates the contributions Michigan migrant and seasonal farm workers make to the citizens of Ingham County and across the nation.

 

COUNTY SERVICES:  Yeas:  Swope, Thomas, De Leon, Hertel, Severino, Nevin

            Nays:  None                  Absent:  None         Approved 7/20/04    

 

Adopted as part of the consent agenda.

 

The following resolution was introduced by the County Services Committee:

 

RESOLUTION IN SUPPORT OF CAPITAL AREA MICHIGAN WORKS! GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH FOR A REGIONAL SKILL ALLIANCE PROJECT

 

RESOLUTION #04-207

 

WHEREAS, Capital Area Michigan Works! is seeking support for a $100,000 grant from the Michigan Department of Labor and Economic Growth for a Regional Skill Alliance project; and

 

WHEREAS, Regional Skill Alliances are an organization of firms in a single industry and partners (e.g., community colleges, economic development organizations) dedicated to resolving one or more workforce development issues faced by the industry; and

 

WHEREAS, the industry and partners are brought together by a “convener” to organize activities and resources focused on the problem(s); and Capital Area Michigan Works! would serve as a Regional Skill Alliance convener for the Lansing tri-county region; and

 

WHEREAS, Regional Skill Alliances will focus on worker shortages, skill shortages, training mismatches, recruitment, and retention; and 

 

WHEREAS, Capital Area Michigan Works! proposes convening the local manufacturing and health care industries to help resolve the workforce development issues they face and has worked with local area manufacturers to form a Manufacturing Council; and

 

WHEREAS,  the Manufacturing Council is in place, and a study of manufacturing has been completed; and several workforce development issues have been identified, including hiring-efficiency concerns, basic skill gaps, and the adequacy of the supply of workers completing post-high school training; and

 

WHEREAS, in the area of health care, serious workforce development issues have already been identified, including worker shortages in some occupations and high turnover in others and depending on support by the industry, Capital Area Michigan Works! will try to convene this industry as well as partners and form a Health Care Council and Regional Skill Alliance during the next 12 months; and 

 

WHEREAS, Capital Area Michigan Works! is requesting Ingham County’s support for this grant application and would like Ingham County to participate as a partner signifying the County’s willingness to work with the Manufacturing Council and the Health Care Council as they address issues pertaining to the Regional Skill Alliance. 

 

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby supports the Capital Area Michigan Works! Application for a $100,000 grant from the Michigan Department of Labor and Economic Growth for a Regional Skill Alliance project.

 

BE IT FURTHER RESOLVED, that the Board agrees to participate by working with the Manufacturing Council, as the local Manufacturing Regional Skill Alliance works collective to address the human resource needs of the Capital Area manufacturing sector and in offering potential solutions as they become fully identified with emphasis on improving hiring efficiencies by ensuring new entrants have the basic skills required by the jobs they seek; enhancing the basic skills of incumbent workers, including those with limited English skills, especially in firms with a long-established workforce; and assessing the adequacy of the post-high school training supply of workers in the region in meeting the needs of area manufacturing employers.

 

COUNTY SERVICES:  Yeas:  Swope, Thomas, De Leon, Hertel, Severino, Nevin

            Nays:  None                  Absent:  None         Approved 7/20/04                         

 

Adopted as part of the consent agenda.

 

The following resolution was introduced by the County Services Committee:

 

RESOLUTION PROCLAIMING “FAMILY DAY” IN INGHAM COUNTY

 

 

RESOLUTION #04-208

 

WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America’s children; and

 

WHEREAS, surveys conducted by the National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and

 

WHEREAS, teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes; and

 

WHEREAS, teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes; and

 

WHEREAS, the correlation between family dinners and the reduced risk for teen substance abuse are well documented; and

 

WHEREEAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and

 

WHEREAS, family dinners have long constituted a substantial pillar of family life in America.

 

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby proclaims September 27, 2004 “Family Day – A day to Eat Dinner with Your Children” in Ingham County.

 

BE IT FURTHER RESOLVED, that the Board urges all citizens to recognize and participate in the observance of “Family Day”.

 

COUNTY SERVICES:  Yeas:  Swope, Thomas, De Leon, Hertel, Severino, Nevin

            Nays:  None                  Absent:  None         Approved 7/20/04                         

 

Adopted as part of the consent agenda.

 

The following resolution was introduced by the County Services Committee:

 

RESOLUTION HONORING JOHN ANDRESEN

 

RESOLUTION #04-209

 

WHEREAS, John Andresen began his career with Ingham County in March, 1978 and currently serves as the Director of the Facilities Department; and

 

WHEREAS, during his years of service with Ingham County, John has been involved with  numerous building projects, such as the renovation of the former Auto Owners Building  into county office space, now known as the Grady J. Porter Building, relocating employees from the old Samuel Ingham Building into the new location; and

 

WHEREAS, he played an important part in the construction of the new Ingham County Jail, 55th District Court, Drain Commissioner=s Office, Multipurpose Building and office building at  the Fair, Library Annex,

 

 

Courthouse Annex, Courthouse Restoration Project, C. Ross Hilliard Building, Ingham Medical Care Facility and the Carriage Lane Apartments; and

 

WHEREAS, John also worked diligently on the construction of the Ingham County Youth Center and the Human Services Building, along with several renovations and additions to the facility to incorporate the need for expanding Ingham County services and housing other agencies;  and

 

WHEREAS, most recently, John played a vital role in the construction of the Veterans Memorial Courthouse, renovation of the Grady J. Porter Building and the expansion of the kitchen at the Ingham County Jail; and

 

WHEREAS, under John’s leadership, the County Facilities have remained well-maintained, secure and structurally sound; and

 

WHEREAS, with a fondness for native plants,  John would pay particular attention to the varieties of trees, plants and shrubs planted on grounds, resulting in beautiful, manicured County campuses; and

 

WHEREAS, John also served as a member of the Ingham County Energy Commission, and most recently the Environmental Affairs Committee; and

 

WHEREAS, after more than twenty-six years of service with Ingham County, John will be retiring on August 16, 2004.

 

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors John Andresen for his many years of dedicated service to the County of Ingham and extends its sincere appreciation for the countless contributions he has made to the citizens of Ingham County.

 

BE IT FURTHER RESOLVED, that the Board of Commissioners extends its best wishes to John and hopes for continued success in his future endeavors.

 

COUNTY SERVICES:  Yeas:  Swope, Thomas, De Leon, Hertel, Severino, Nevin

            Nays:  None                  Absent:  None         Approved 7/20/04   

 

Adopted as part of the consent agenda.

 

The following resolution was introduced by the County Services and Finance Committees:

 

RESOLUTION ADOPTING THE INGHAM COUNTY FARMLAND PURCHASE OF DEVELOPMENT RIGHTS ORDINANCE

 

RESOLUTION #04-210

 

WHEREAS, Ingham County’s farmland, agriculture, and agriculturally-related businesses are important economic resources of Ingham County; and

 

WHEREAS, Ingham County’s farmland also contributes significantly to the open space and natural resource benefits of the County, including rural character, scenic beauty, cultural heritage, hunting and other recreational opportunities, and to the environmental benefits of the County, including watershed protection and wildlife habitat, all of which increases the overall quality of life and makes the County an attractive place to live and work; and

 

 

 

WHEREAS, because farmland is an invaluable economic, natural and aesthetic resource, the County should make an effort to maintain farmland in a substantially undeveloped state to ensure the long-term viability of agriculture, and to create a long-term business environment for agriculture in the County; and

 

WHEREAS, the fact that farmland has a greater market value for future development than for agriculture, encourages the speculative purchase of farmland at high prices for future development, which often results in the sale of farmland and its removal from agricultural use; and

 

WHEREAS, it is the policy of the State of Michigan and Ingham County to protect, preserve and enhance farmland, as evidenced by the Township Master Plans, the Farmland and Open Space Preservation Act, the State Agricultural Preservation Fund, the Conservation and Historic Preservation Easement Act, portions of the County Zoning Act, and other state statutes and local policies; and

 

WHEREAS, Ingham County desires to provide for the effective long-term protection and preservation of farmland in Ingham County from the pressure of increasing residential and commercial development; and

 

WHEREAS, the purchase of farmland development rights by the County, and the placement of agricultural conservation easements, is a mechanism for the protection and preservation of farmland, in order to maintain a long-term business environment for agriculture in Ingham County, to preserve the rural character and scenic attributes of the County, to enhance important environmental benefits, and to maintain the quality of life for County residents; and

 

WHEREAS, the County Zoning Act authorizes a County to enact an Ordinance for the purchase of development rights, and the placement of agricultural conservation easements.

 

THEREFORE BE IT RESOLVED, that Ingham County adopts the Ingham County Farmland Purchase of Development Rights Ordinance, a copy of which is attached as Exhibit 1 and incorporated by reference, which creates the Ingham County Farmland Preservation Program, and authorizes the purchase of development rights and the placement of agricultural conservation easements by the County.

 

BE IT FURTHER RESOLVED, that the Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.

 

COUNTY SERVICES:  Yeas:  Swope, Thomas, De Leon, Hertel, Nevin

            Nays:  Severino               Absent:  None         Approved 7/20/04                         

 

FINANCE:  Yeas:  Lynch, Grebner, Dedden De Leon, Thomas

            Nays:  None                  Absent:  Minter         Approved 7/21/04

                         

Moved by Commissioner Swope, supported by Commissioner Lynch to adopt the resolution.

 

Moved by Commissioner Severino, supported by Commissioner Nevin to amend item #24, the Farmland Purchase of Development Rights Ordinance Section 5: “Eligibility for Application:” to add a letter “F”, as follows: “An Ingham County Commissioner is not eligible to submit an application for their own property during their term of office.”   

 

Motion to amend carried, with Commissioners Schor, De Leon, Thomas, Swope and Holman voting no, all others voting yes.  Absent:  Commissioner Minter.

 

 

 

Moved by Commissioner Schafer, supported by Commissioner Lynch to delete Section: 12  “Farmland Preservation Fund” number C. After some discussion, Commissioner Schafer withdrew the motion.

 

Motion to adopt the resolution, as amended, carried on a unanimous roll call vote.  Absent:  Commissioner Minter.

 

Ingham County Farmland Purchase of Development Rights Ordinance

 

Adopted by Ingham County Board of Commissioners on  July 27, 2004

 

Ordinance No.  2004-01

 

AN ORDINANCE creating the Ingham County Farmland Preservation Program, which protects farmland by acquiring development rights voluntarily offered by property owners; authorizes the cash purchase and/or installment purchases of such development rights; places an agricultural conservation easement on the property which restricts future development; and provides the standards and procedures for the purchase of development rights and the placement of agricultural conservation easements.

 

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

 

Section 1:  Declaration of PurposeSection 1:  Declaration of Purpose

 

A.   Economic importance of farmland and agriculture.  Ingham County=s agricultural land is a unique and economically important resource.  These lands support a locally important and globally unique agricultural industry that includes: dairy, livestock, food from grains, vegetables, fruit, and nursery and greenhouse crops.   Ingham County=s climate, topography, and accessibility make it well suited to the production, processing, and distribution of agricultural products on a regional, national, and international level.  Ingham County=s economic base is also supported by a variety of agriculturally related businesses including: farm equipment, fuel, veterinarians, grain dealers, packaging plants, and professional services.

B.   Importance of other non-agricultural attributes of farmland.  In addition to its economic benefits, Ingham County=s farmland contributes significantly to the open space and natural resource benefits, including rural character, scenic beauty, cultural heritage, hunting and other recreational opportunities, and the environmental benefits including watershed protection and wildlife habitat.  By enhancing the scenic beauty and rural character of Ingham County and providing other open space benefits, Ingham County=s farmland increases the overall quality of life and makes Ingham County an attractive place to live and work for all of Ingham County=s residents.

 


C.   The extent of development and farmland loss.  Because of Ingham County=s natural resources, productive farmland and rural character, it has become a desirable place to live and work.  The population growth in Ingham County has continued to increase.  As the population increases and people move out into the countryside, agricultural land is converted to residential and other developed uses.  There has also been a corresponding increase in residential parcels and loss of farmland.

 

D.   The impact of farmland loss.  Land suitable for farming is an irreplaceable natural resource with soil and topographic characteristics that have been enhanced by generations of agricultural use.  When such land is converted to residential or other more developed uses that do not require those special characteristics, a critical community resource is permanently lost to the citizens of Ingham County.  Residential development in agricultural areas also makes farming more difficult by increasing conflict over farming practices and increased trespass, liability exposure and property damage.  Because agricultural land is an

 

      invaluable economic, natural and aesthetic resource, Ingham County should make an effort to maintain agricultural land in a substantially undeveloped state to ensure the long-term viability of agriculture and to create a long-term business environment for agriculture in Ingham County.

 

E.   State and local policies.  It is the policy of the State of Michigan and Ingham County to protect, preserve and enhance farmland as evidenced by Township Master Plans, the Farmland and Open Space Preservation Act, the State Agricultural Preservation Fund, the Conservation and Historic Preservation Easement Act, portions of the County Zoning Act, and other state and local statutes and policies.  These measures by themselves, however, have not effectively provided sufficient long-term protection of farmland in Ingham County from the pressure of increasing residential and commercial development.

 

F.   Value of development rights.  Generally, farmland has a greater market value for future residential development than for farming.  The features of good farmland, such as perkable soils and open space views, are also the features desired for residential home sites.  This fact encourages the speculative purchase of farmland at high prices for future residential development, regardless of the current zoning of such lands.  Farmland which has a greater development potential and market value than its agricultural value does not attract sustained agricultural investment, and eventually is sold to non-farmers and removed from agricultural use.

 

G.   Purpose of the program.  It is the purpose of the Ingham County Farmland Preservation Program and this Purchase of Development Rights Ordinance to protect farmland in order to maintain a long-term business environment for agriculture in Ingham County, to preserve the rural character and scenic attributes of Ingham County, to enhance important environmental benefits, and to maintain the quality of life of Ingham County residents.

 

H.  Mechanism to achieve purpose.  The purchase of development rights and the placement of an agricultural conservation easement on farmland through the Ingham County Farmland Preservation Program as provided for in this Ordinance is a public purpose of Ingham County.  Acquisition of development rights requires that Ingham County enter into agreements with property owners to obtain such development rights.  Properties on which Ingham County has purchased development rights and entered into an agricultural conservation easement shall remain substantially undeveloped in order to remain viable for agricultural use.