BAD AXE — While Huron County commissioners over the past three months have been approving farmland preservation agreements in lock, stock and barrel fashion, the board put the rubber stamp away Tuesday morning.
Officials refrained from acting on several farmland preservation agreement (PA 116) applications sought by John and Anthonia Verhaar,
The Verhaars, who pleaded guilty in federal court earlier in June to hiring illegal immigrants, filed seven applications to enroll a total of 363.66 acres into PA 116 in Grant Township.
Part 361 of the Natural Resources and Environmental Protect Act of 1994 — most commonly known as PA 116 — allows farmers to enter into an agreement with the state where farmers promise to keep their land in farming and agree not to develop the land for a minimum of 10 years. In return, the farmers get certain income tax benefits, and the land is not subject to special assessments for sanitary sewer, water lights or non-farm drain projects, according to the Michigan Department of Agriculture.
There has been an influx in the number of new applications submitted to the county, after Gov. Rick Snyder’s proposed budget included the elimination of PA 116 credits. However, the Legislature has taken no action. As a result, the program has not been eliminated at this time. It’s unclear what will happen in the future.
Commissioners on Tuesday estimated more than 100 applications have been submitted to the county since this spring. Applications first go through the Huron County Planning Commission, which reviews the application and then recommends it to the Huron County Board of Commissioners for approval. Once approved by the county, the application is forwarded to the state.
When a PA 116 application is forwarded to the board of commissioners, it means the planning commission has determined the application is adequate and meets all the eligibility requirements, and the board of commissioners gives it the rubber stamp approval.
But that wasn’t the case Tuesday, as a number of commissioners were concerned about a letter from Grant Township Supervisor Mike Mandich. Mandich wrote that during the township board’s Aug. 1 meeting, multiple residents voiced concerns over “so-called farming operations within Grant Township.”
“Their complaints ranged from noise, foul odors, road damage and unsafe speeds by these local operations,” Mandich wrote. “It seems there are some large, mega farms within Grant Township and throughout Huron County that have cattle that produce sizable amounts of waste. This waste is being trucked on our township roads, causing damage from the amount of trucks, weight of the trucks and unsafe speeds of the trucks, all of which were complaints of our residents. Besides the road damage, the odor from the deposited waste is causing health concerns to one resident, who has been and currently is seeking medical treatment. The waste is being deposited within feet of his property line.”
Mandich sought the board’s support in getting the help of local state officials and the Huron County Road Commission.
Commissioner David Peruski said he cannot vote to approve the applications until all the concerns in that letter are addressed. He said information from Corporation Counsel Stephen J. Allen indicates there may be a way to deny the Verhaars’ applications.
However, the Verhaars could appeal to the state and have it approved anyway, Peruski said. But, he added, it may be worth it because it would let the application go to the state so state officials can see what the county faces. If the board were to rubber stamp the applications, the issue never would go to Lansing.
Commissioner John Horny favored tabling the issue and having a meeting with the Verhaars to see what plans they have to resolve these issues. If they don’t have a plan, then the board could deny it and let them appeal to the state, he said.
Commissioner Steve Vaughan said he realizes there have been issues with the dairy, but they have been fined and paid restitution. Per their guilty plea in federal court, the Verhaars agreed to pay a $2.7 million penalty, and acknowledged they had employed about 80 illegal immigrants from 2000 through much of 2007. The couple faces up to six months in prison when they’re sentenced in October.
Vaughan said the dairy, which is in his district, is a multi-million dollar operation that supports the county. Verhaar also has two sons that are building two cattle operations that also will result in revenue for the county, Vaughan added.
He said the issue shouldn’t be about denying their applications. Rather, it should be about working with the Verhaars to teach them better practices and have them become better neighbors. Vaughan also noted that the Verhaars aren’t actually named in that Grant Township letter: The letter just referred to “mega farms.”
Board Chairman Ron Wruble questioned what kind of legal ground the county has to reject the application, and whether the board is singling out this one farm. Peruski noted the board previously had never received a letter like the one from Grant Township.
Vaughan said the county doesn’t have the right to overrule the Right to Farm Act, and the issues raised in the letter aren’t ones that should be addressed by the board of commissioners. Instead, he said, they are issues that need to be discussed with the Michigan Department of Agriculture, road commission and health department.
He said it’s the local government’s role to approve the application if it’s filled out correctly and meets all the eligibility criteria — not whether the applicant’s farming practices are standard or substandard.
Wruble said when county commissioners get complaints, their answer always is that the county can’t do anything about it because of the Right to Farm Act. But this may be a way for the county to intervene — or to at least voice disapproval on what’s going on, he said.
Horny agreed, noting the board can use this as either leverage “to get them to clean up their act or send a message to Lansing that we don’t like what’s going on.”
Still, Wruble said he didn’t want to vote on the applications without more information about the legality of denying the applications if they meet the eligibility criteria.
Commissioners John Nugent and John Bodis agreed. Nugent said the Verhaars need to have a say in this issue. Bodis felt the farming practices and PA 116 application are two separate issues that need to be addressed.
The board voted six to one to suspend the discussion until the board’s next meeting on Sept. 13. Vaughan, who voted against the motion because he favored approving the applications, said he will ask the Verhaars to meet with the board to discuss the issue.
Efforts to seek comment from the Verhaars were unsuccessful as of press time.
Kate Hessling • (989) 269-6461 • khessling@hearstnp.com
