KALAMAZOO COUNTY FARM BUREAU
PROPOSED POLICY RESOLUTIONS FOR 2008

LOCAL ISSUES

L 1 TITLE: County Road Commissions

BACKGROUND: Recently there has been an issue in Climax Township between the Kalamazoo County Road Commission and several landowners involving a road project. The proposed project greatly impacts a parcel of land that has enrolled in the Purchase of development Rights program with the state of Michigan. There is a proposed plan to straighten out some curves and rework an intersection of 44th street. There were several plans developed and meetings held for public input, it was made very clear that several of the routes would involve PDR land. The Road Commission then chose one of the plans that went through the middle of the PDR ground. The state of Michigan and MDA has helped fight the road commission to stop this plan from moving forward.

RESOLUTION: Be it resolved that any County Road Commission projects that impact PDR ground and that have other options for a route should not be allowed to proceed through preserved farmland. There should also be consideration given to businesses and their loss of income due to road commission projects.

MOTION BY ___________ SECONDED BY_ ______________ __
MEMBER ACTION: ADOPTED__________ ___________ AS AMENDED___________________ DEFEATED_____________________

KALAMAZOO COUNTY FARM BUREAU
PROPOSED POLICY RESOLUTIONS FOR 2008

STATE ISSUES

S 1 TITLE: Feral Swine Control

BACKGROUND: The feral population is increasing. Not only do feral swine create damage to the environment but they also can carry diseases that can contaminate domesticated swine herds.

At the present time, they can only be shot during hunting season. This leaves too much time for them to do damage and reproduce.

RESOLUTION: Therefore, we believe that landowners should be able to control feral hogs that are destroying their property or are in close proximity to domesticated swine with no need to have a permit or license. We also believe that there should be no hunting season for feral hog, or a year long open hunting season.

MOTION BY ___________ SECONDED ____________ _
MEMBER ACTION: ADOPTED___________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

S 2 TITLE: Education for Associate Members

BACKGROUND: As time has gone by, families are getting farther from the farm and need more education about agriculture. The "green" competition seems to be getting stronger.

We feel any way to educate non ag people is important. We have associate members who receive a quarterly newsletter called the Benefits Advisor, which contains information about their benefits but does not give them any agriculture education. Sending them the "Rural Leader" is not an option because this would be overloaded and the paper would probably be thrown away.

RESOLUTION: We recommend that our associate members be educated by putting articles about agriculture in the Benefits Advisor that is sent to them. It could be as simple as educational pieces for the children because they are the future and they are the ones we need to educate. By using quick facts and easy to read information about agriculture we can reach a large segment of the public.

MOTION BY ___________ SECONDED __________________ _
MEMBER ACTION: ADOPTED____________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

S 3 TITLE: Cottage Food Operations

BACKGROUND: Much attention is being given to local and locally grown foods; in fact it is a trend gaining a considerable following. In response to this trend, and with the increased efforts to establish and grow thriving Farmers Markets in Michigan, as demonstrated by the formation of the Michigan Farmers Market Association, legislation such as H.B. 4568 would be beneficial to those efforts.

Current food law prevents anyone without access to a certified kitchen from preparing any food products for sale, or even sample, at Farmers Markets. Allowing vendors to sample their products, fresh melons or tomatoes for example, would increase sales at markets. Being able to prepare a baked good with a fruit product and offering samples is another scenario.

Many farmers markets are finding it difficult to find adequate numbers of vendors. Some markets survive it and others do not. Small markets need to have an adequate variety of product to keep customers coming back. In addition, offerings of fresh produce can be slim in early and late seasons at markets of every size. Many vendors of fresh fruits and vegetables would appreciate being able to sell value added products from their fruits and vegetables on a small scale, supplementing their seasonal offerings with safe prepared or preserved food products. Current food laws make it impossible to do so in any cost effective way. While a few communities do have certified kitchens available for rental, many do not and liability issues do not encourage churches and community facilities to make their kitchens available.

"Cottage Food Operation" means a person who produces or packages non-potentially hazardous food in a kitchen of that person's primary domestic residence."

"Non-potentially hazardous food" means that term as defined in the food code, which includes, but is not limited to, baked goods, jams, jellies, candy, snack food, cereal, granola, dry mixes, vinegar, and dried herbs. Non-potentially hazardous food does not include home-canned low-acid or acidified vegetables, home-canned salsa, or home-canned food; food service items; ready-to-eat meals, meat, sandwiches, cheese, or custard pies; garlic in oil; food that requires temperature control for safety; and bottled water, home-produced ice products, and other beverages and products.

In this bill, "(1) A cottage food operation is exempt from the licensing and inspection provisions of this act. This exemption does not include an exemption from the labeling, adulteration, and other standards imposed in this section or under this act, or both. (2) In addition to the other labeling and disclosure requirements imposed by this act, a cottage food operation shall place on the label of any food it produces or packages a statement that substantially complies with the following: "Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture." (3) The permissible sale location of non-potentially hazardous food by a cottage food operation is limited to homes, farm markets, or roadside stands; municipal farmers markets; county fairs; and town celebrations, festivals, and events. A cottage food operation claiming an exemption from licensure under this section is not allowed to sell non-potentially hazardous food at craft shows, flea markets, or other for-profit events; by means of the internet or other media inside or outside this state; at permanent sales venues other than farmers markets, homes, or roadside stands; or by means of consignment or in other licensed retail establishments. (4) The gross sales of non-potentially hazardous food shall not exceed $15,000.00 annually. The department may request in writing documentation to verify the gross sales figure. (5) An exemption under this section does not affect the application of any other state or federal laws or any applicable ordinances enacted by any local unit of government."

This legislation, or that of a similar nature, would sufficiently protect consumers and at the same time create opportunities for Michigan residents to start new, small enterprises and/or increase sales for existing operations.

RESOLUTION We are supportive of HB 4568 or similar legislation that would help farmers markets in Michigan grow and thrive. Leaving a positive impact on communities and producers of Michigan fruits and vegetables. This legislation in no way places Michigan consumers at risk and still addresses food safety requirements adequately.

MOTION BY ___________ SECONDED __________________ _
MEMBER ACTION: ADOPTED____________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

S 4 TITLE: Pivot Wire Theft

BACKGROUND In the past couple of years there has been a significant increase in the number of pivot wire thefts. Average cost of an insurance claim, according to MFB Insurance, is around $4000. Direct cost to farmers is their deductible and there is potential of crop loss, especially when repair parts and service are delayed.

Currently it is hard to catch the perpetrators, prove the wire is stolen and get them prosecuted. These thefts are not a high priority to law enforcement. A group of area farmers did meet with the sheriffs department, the meeting did have a positive outcome in making the thefts known, prompting an investigation by the sheriffs department. Current Michigan law doesn't give law enforcement the tools to deter these crimes. Recyclers are not required to ID, and track sellers of materials to be recycled. Farmers are not the only target for thieves; there are many other industries that are being similarly impacted. Currently if a recycler purchases stolen material and reports it as stolen, the material is then seized and the recycler is not reimbursed for the price that was paid for the material.

RESOLUTION Michigan needs to take a tougher stance on these crimes, starting with stiff jail time for the thief and criminal prosecution of recyclers who knowingly purchase stolen wire. Sentencing requirements need to include jail time, fines and restitution of the farmer's deductible and out of pocket costs. Requiring recyclers to ID fingerprint and track sellers of materials for recycling it makes it harder for thieves to profit from their activities.

MOTION BY ___________ SECONDED __________________ _
MEMBER ACTION: ADOPTED____________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

KALAMAZOO COUNTY FARM BUREAU
PROPOSED POLICY RESOLUTIONS FOR 2008

NATIONAL ISSUES

N 1 TITLE: Animal Welfare

BACKGROUND: Today the vegetarian, animal rights, and environmental groups attack modern animal agriculture through the veil of animal welfare. These groups through using ballot initiatives and legislation make it so difficult for farmers that there will no longer be animal agriculture in the U.S.

RESOLUTION: We need to educate the public on the real driving force behind these animal rights initiatives.

We recommend that Farm Bureau spearhead a consortium of all players in the food production chain (livestock, poultry, and dairy) including consumers. This group will develop a marketing plan to educate consumers in the value of American products and what will happen when they lose their choice when "the Humane Society of the US" legislates the American farmer out of business and then their only choice is being a vegetarian or purchasing only foreign animal products.

MOTION BY ___________ SECONDED ____________ _
MEMBER ACTION: ADOPTED___________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

KALAMAZOO COUNTY FARM BUREAU
PROPOSED POLICY REAFFIRMATIONS FOR 2008

LOCAL ISSUES

R-L 1 TITLE: Exchange of Development Rights

BACKGROUND: Most commercial crop production is more efficient in larger fields, and fields which are located in close proximity to one another.

Efficient livestock production is often incompatible with neighboring higher density residential land use.

Residential, commercial and industrial development is rapidly encroaching on the fields, forests and open spaces of our counties agricultural districts.

RESOLUTION: The Kalamazoo County Farm Bureau will recognize, promote and where possible facilitate privately negotiated and legally binding purchase and/or exchange of development rights among and between farmers and other rural land users, to the end that localized development is encumbered and there by restricted by neighboring parties and their heirs either in perpetuity or until all with an interest have agreed that such development is the highest and best use of the land and should proceed or until satisfactory PDR programs are developed in the public sector.

MOTION BY ___________ SECONDED BY_ ______________ __
MEMBER ACTION: ADOPTED__________ ___________ AS AMENDED___________________
DEFEATED_____________________

R-L 2 TITLE: Kalamazoo County Purchase of Development Rights (PDR) Program

BACKGROUND: Starting in November 2001, a group of concerned citizens started work on a PDR program for Kalamazoo County. It has been presented to County Commissioners but lacks funding from all levels.

RESOLUTION: Kalamazoo County Farm Bureau fully supports the Kalamazoo County Purchase of Development Rights Program Proposal. We also encourage the Kalamazoo County Board of Commissioners to adopt the proposal and start a PDR program in Kalamazoo County.

MOTION BY ___________ SECONDED BY_ ______________ ___
MEMBER ACTION: ADOPTED__________ ___________ AS AMENDED___________________ DEFEATED_____________________

R-L 3 TITLE: US 131

BACKGROUND: In 2003 local units of government in the Schoolcraft area formed a committee to study the issue of a bypass around Schoolcraft. There was a good representation of local farmers on this committee. The committee recommended a by pass around Schoolcraft either to the west or the east. All local units of governments in the area supported the committee's decision by passing the resolutions.

However, Kalamazoo County Farm Bureau members realize the uniquely productive nature of the surrounding farmland and quality of family farms that exist there.

RESOLUTION: We support the utilization of the existing corridor for the construction of an improved highway through the village of Schoolcraft, thereby avoiding the destruction of productive agricultural land. We suggest accomplishing this through the construction of an elevated roadway on the existing right of way to clear the village and railroad.

MOTION BY ___________ SECONDED BY_ ______________ __
MEMBER ACTION: ADOPTED__________ ___________ AS AMENDED___________________ DEFEATED_____________________

STATE ISSUES

R-S 1 TITLE: Gubernatorial Appointments

RESOLUTION: Whereas the commission system that governs certain state departments has benefited the State of Michigan through improved continuity and reduced the politicization of these resource-oriented Departments,

Therefore be it resolved that Michigan Farm Bureau vigorously support the commission system that currently governs the Department of Agriculture, the Department of Natural Resources, and the Department of Education.

Be it further resolved that the Department of Environmental Quality also be placed under the commission system.

MOTION BY ___________ SECONDED __________________ _
MEMBER ACTION: ADOPTED____________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

R-S 2 TITLE: Local Elections

RESOLUTION: Cities utilize nonpartisan elections to not only save money but to allow all people to vote for whom they feel is the best candidate.

We support allowing townships and villages to hold nonpartisan elections for local offices.

MOTION BY ___________ SECONDED __________________ _
MEMBER ACTION: ADOPTED___________ __________ AS AMENDED_______ ___________ DEFEATED_____________________

R-S 3 TITLE: Land Use/Sprawl

BACKGROUND: In the State of Michigan, there are several policies that contribute to poor land use decisions and urban sprawl. One is the state shared revenue formula with local units of government, which is based solely on population. The more houses and people the more money from the State. Another is the subsidizing of development of new infrastructure by local government for those locations away from existing infrastructure.

REAFFIRMATION: We propose that the State shared revenue formula be changed to reflect the following: 50% of shared revenue would be population based, 50% would be based on the local unit of governments effectiveness of farmland preservation and urban redevelopment. This portion would be based on criteria developed by the Michigan Agriculture Preservation Board.

Also before a local unit of government approves a new development where municipal services are needed the group (developers) must pay for the needed infrastructure for these municipal services.

MOTION BY ________________________ SECONDED BY_______________________
MEMBER ACTION: ADOPTED___________ __ ________ AS AMENDED___________________ DEFEATED_____________________

R-S 4 TITLE: Land Acquisitions for Public Projects

REAFFIRMATION: The condemnation of property by eminent domain should be permitted only when there is a clear need for the betterment of transportation, public utility and national defense.

We oppose the taking of property by government for the purpose of development of privately-owned nonpublic projects.

We support a complete agricultural impact statement before productive agricultural land is condemned. The statement should evaluate all direct and indirect physical and economic impacts to agriculture. We support the concept of no-net gain for state and federal ownership of land in Michigan.

In such cases where all condemned land is not needed at the completion of a public project, the original landowner should have the right of first refusal at the price paid by the government entity.

MOTION BY ___________ SECONDED BY__ ______________________
MEMBER ACTION: ADOPTED___________ __ ________ AS AMENDED___________________ DEFEATED_____________________

R-S 5 TITLE: PA 116 Refund Delinquency

RESOLUTION: We believe PA 116 is a positive agreement between landowners and the State of Michigan which helps to preserve farmland and open spaces. We further believe the State of Michigan has an obligation to provide PA 116 refunds in a timely manner.

Therefore, if the state issues a PA 116 refund on or after May 15, a penalty shall be paid by the state to the landowner in an amount equal to or greater than the late fees and interest charged by the appropriate county for tax delinquency.

MOTION BY ___________ SECONDED BY__ ______________________
MEMBER ACTION: ADOPTED___________ __ ________ AS AMENDED___________________ DEFEATED_____________________

NATIONAL ISSUES

R-N 1 TITLE: Eminent Domain

REAFFIRMATION: The taking of property or easements should be permitted only when there is a clear-cut need for the betterment of the public good and the completion of the project is guaranteed. We oppose the use of eminent domain for recreational purposes, private economic development, or to expand the landholdings of wildlife agencies. In cases where private property is taken, we support prompt, just and adequate compensation. In cases of partial takings of real property, loss in the value of any remaining real property should be recognized, and compensation paid for any damages which result.

All utility lines, cables and pipelines should be properly installed according to appropriate specifications. Such installations should be adequately marked. A landowner or tenant shall not be held liable for any accidental or inadvertent breakage or disruption of service on any lines, cables or pipelines.

We believe a landowner in eminent domain cases should have five years from the time of the original settlement in which to negotiate claims for damages that may not have been confirmed at the time of initial settlement.

We will seek legislation to require public bodies proposing acquisition of property for public purposes to send a written notice at least 60 days prior to any formal public hearing and to hold such hearing before any land is optioned or purchased. Local communities and states should be required to be given prior knowledge of a pending utility permit before a proposed utility right of way is granted by the federal government. Property owners should have the right to judicial review of the need and location of the proposed taking.

We oppose legislation, which grants the right of federal eminent domain to any additional entities. We oppose the ability of non-elected boards, agencies and commissions, public or private, to utilize the eminent domain process.

Property should not be condemned in fee title if a lesser interest will suffice.

We oppose the use of eminent domain to acquire properties intended for future sale. Any lands taken for public purposes and not promptly used for that purpose (i.e., within a maximum period of five years) must be offered immediately to the prior owners or their heirs at a price no higher than the original purchase price. We believe that entities having the owner of eminent domain when acquiring land for right of way, either by condemnation, threat of condemnation, or easement should be required to maintain natural drainage and should be held liable for damage to landowners.

An environmental impact statement should be prepared as a prerequisite for any eminent domain proceeding.

We oppose the practice of acquiring new rights of way through farmland when existing public corridors exist, such as railways, highways, power lines, pipelines, etc. In numerous situations, especially when nonthreatening entities such as, but not limited to, fiber optic cables are run, legislation should require using these existing corridors so additional farmland is not hindered by restrictive easement.

We support changes in legislation regarding eminent domain cases that would strengthen the rights of landowners and would allow them greater latitude to present evidence in court proceedings.

MOTION BY ___________ SECONDED BY_______________ __________
MEMBER ACTION: ADOPTED___________ __ ________ AS AMENDED___________________ DEFEATED_____________________