ADOPTED - MAY 24, 2005
Agenda Item No. 11
Introduced by the County Services Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO ADOPT BYLAWS FOR THE INGHAM COUNTY AGRICULTURAL PRESERVATION BOARD
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 Ingham County Board of Commissioners adopted the Ingham County Farmland Purchase of Development Rights Ordinance in July 2004; and
WHEREAS, the Ingham County Farmland Purchase of Development Rights Ordinance authorized the establishment of the Ingham County Agricultural Preservation Board to oversee the Farmland Preservation Program; and
WHEREAS, the Agricultural Preservation Board has developed proposed Bylaws and is recommending their adoption.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby adopts the Bylaws of the Ingham County Agricultural Preservation Board.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 5/17/05
INGHAM COUNTY AGRICULTURAL PRESERVATION BOARD BYLAWS
ARTICLE 1: NAME OF BOARD
The name of this organization shall be the Ingham County Agricultural Preservation Board.
ARTICLE 2: AUTHORIZATION
The authorization for the establishment of this Board is set forth under the Ingham County Farmland Purchase of Development Rights Ordinance adopted July 27, 2004 by the Ingham County Board of Commissioners.
ARTICLE 3: MEMBERSHIP
Membership guidelines are set forth in Section 4 of the Ingham County Farmland Purchase of Development Rights Ordinance. The eight members shall be residents of the County and will be appointed by the County Board of Commissioners, and will include: (i) one County Commissioner (non-voting), (ii) three individuals with agricultural interests, (iii) one representative from township government, (iv) one individual with real estate or development interests, (v) one individual representing local natural resource conservation interests, and (vi) one individual representing the general public.
ARTICLE 4: OFFICERS
Section 1: The officers of the Agricultural Preservation Board shall consist of Chairperson, Vice-Chairperson, Secretary, and Treasurer.
Section 2: The Chairperson shall preside at all meetings and hearings of the Agricultural Preservation Board, and shall have the duties normally conferred by parliamentary usage on that office.
Section 3: The Vice-Chairperson shall act for the Chairperson in his/her absence.
Section 4: The Secretary shall take the minutes of all meetings and any public hearings. A recording secretary may be provided through the Board of Commissioners’ Office to assist the Secretary in these duties. The Ingham County Board of Commissioners’ Office shall prepare the agenda of regular and special meetings under the direction of the Chairperson, shall provide notice of all meetings to members, and shall arrange proper and legal notice of hearings. The official minutes of the proceedings of the Agricultural Preservation Board shall be kept in the Office of the Board of Commissioners.
Section 5: The Treasurer will act as the liaison between the County Controller, the County Treasurer, and the Agricultural Preservation Board, and shall be responsible for preparing, presenting, receiving, and maintaining financial reports with the assistance of the County Controller’s Office and the County Treasurer’s Office.
ARTICLE 5: ELECTION OF OFFICERS
Section 1: An annual organization meeting of the Agricultural Preservation Board shall be held within 90 days of the beginning of the County fiscal year, as determined by the Agricultural Preservation Board.
Section 2: Nominations shall be made from the floor at the annual organization meeting for the election of officers specified in Article 4 of these Bylaws.
Section 3: A candidate receiving a majority vote of the members present at the meeting shall be declared elected, and shall serve for one year or until his/her successor shall take office.
Section 4: Vacancies in office shall be filled immediately by the regular election procedure.
ARTICLE 6: MEETINGS
Section 1: Regular meetings will be scheduled as needed.
Section 2: A quorum consists of four (4) voting Board members.
Section 3: A majority of the voting Board members present will be required to transact business. Voting shall be by voice vote except when a member of the Board requests a roll call vote.
All voting Board members present shall vote on every question, unless a conflict of interest is disclosed as provided in the Ingham County Farmland Purchase of Development Rights Ordinance.
Individual County Agricultural Preservation Board members shall promptly disclose any potential conflict of interest, and may not vote when a conflict exists. Conflicts of interest are defined in the Ingham County Farmland Purchase of Development Rights Ordinance and state statute, and include, but are not confined to, situations where: (i) the Board member is the applicant, (ii) the Board member is a close relative of the applicant, (iii) the Board member has a close business association or ties with the applicant, (iv) the Board member, a relative, or a business associate could receive financial gain or benefit from the acceptance of the application.
Section 4: Special meetings may be called by the Chairperson. It shall be in the duty of the Chairperson to call a special meeting when requested to do so by a majority of members of the Board in writing not less than five (5) days in advance of such special meeting, unless said meeting is to continue deliberation regarding an issue raised at a meeting within the last 48 hours.
Section 5: All meetings will be conducted in accordance with the Open Meetings Act, Public Act 267 of 1976, as amended.
Section 6: Unless otherwise specified, the most recent edition of “Mason’s Rule of Order” shall govern the proceedings at the meetings of the Agricultural Preservation Board.
Section 7: Removal from the Board for lack of attendance shall be as provided in the Ingham County Board of Commissioners’ Resolution #02-012, as may be amended, or as may otherwise be provided the Board of Commissioners.
ARTICLE 7: APPLICATION CYCLE
Section 1: Applications to the Farmland Preservation Program shall be accepted at any time.
Section 2: The deadline for applications to be accepted in a cycle shall be posted not less than 90 days before the deadline date. Applications will still be accepted after the deadline and will be held for the next cycle.
Section 3: Unfunded applications will be carried over from previous cycles until the application is either funded or removed from the process by the applicant.
ARTICLE 8: PROCESSING OF EASEMENTS
Each purchase of development rights and agricultural conservation easement requires the approval of the Ingham County Board of Commissioners. Documentation of the Purchase of Development Rights. Agricultural Conservation Easements, and all associated records will be organized and filed in the Board of Commissioners’ Office. Agricultural Conservation Easements shall also be recorded with the Ingham County Register of Deeds.
ARTICLE 9: RULES OF PROCEDURE
The Agricultural Preservation Board shall adopt rules of procedure.
ARTICLE 10: AMENDMENTS TO BYLAWS
Amendments to these Bylaws may be made by the Board at any regular or special meeting upon the affirmative vote of a majority of the entire membership of the Board, which amendments shall become effective upon approval by the Ingham County Board of Commissioners.
Motioned by: Dallas Henney Supported by: Steven Lott
Adopted this date: May 5, 2005
Signature of Secretary: _____________________________________
Approved by Ingham County Board of Commissioners: _________________________________
Filed with the County Clerk: _____________________________________
Mike Bryanton, Ingham County Clerk