[HISTORY: Adopted by the County Commissioners
of Kent County 8-5-1980 as Bill No. 6-80. Amendments noted where applicable.]
[Amended 6-15-2021 by Bill No. 8-2021]
A.Â
The Board
of County Commissioners of Kent County shall appoint a commission
of at least seven and no more than nine members, which shall be known
as the "Kent County Agriculture Advisory Commission" and which may
consist of representatives from various types of farms (farming sectors)
and farm-supportive businesses of Kent County. All persons appointed
must be residents of Kent County and must be engaged in an agriculture
pursuit in a business that supports farms, farming, or the agricultural
sector in general, at the discretion of the Board.
[Amended 9-7-2021 by Bill No. 9-2021]
B.Â
If any
vacancy occurs for any cause during the term of any Commission member,
the Board of County Commissioners, with regard to those persons in
agriculture, may fill the vacancy. The Board of County Commissioners
shall have full power to remove any member of the Commission for incompetency
or for improper conduct or for an inexcusable nonattendance of meetings
by satisfactory evidence being presented to it of such condition.
The term of each member shall be three years, or until a successor
takes office, with some members being appointed for one year, some
two years and some three years, as needed for staggering.
C.Â
For the
purposes of this chapter, "engaged" shall mean pursuing the production
of agricultural products for profit, including but not limited to
those who are lessors or lessees of land which is in agricultural
production.
A.Â
The Commission shall elect a Chairman from one (1)
of its members and create and fill such other offices as it may determine.
The term of the chairman shall be one (1) year with eligibility for
reelection.
B.Â
The Commission shall adopt rules for the transaction
of business and shall keep records of its resolutions, transactions,
findings and determinations. Each record shall be a public record.
The Board of County Commissioners shall determine from year to year
what, if any, expenses and/or salaries shall be paid the Commission
members, and what, if any, budget shall be set.
[Amended 6-15-2021 by Bill No. 8-2021]
A.Â
It shall be the function of the Commission to provide
advice to the Planning Commission of Kent County and to the Board
of County Commissioners concerning any proposals and zoning changes
coming before them affecting agriculture in Kent County. In this regard,
the Planning Department shall notify the Commission of all such proposals,
plans and changes, except those applications for permitted uses, within
approximately 15 days of receipt of requests and applications. The
Commission shall render its advice in writing to the appropriate body
within a reasonable time frame.
[Amended 6-15-2021 by Bill No. 8-2021]
B.Â
Additionally, the Commission shall recommend proposed
changes or programs for improving the Comprehensive Plan, the Zoning
Ordinance for Kent County, the Subdivision Ordinance for Kent County,
zoning district changes and any other changes and programs which will
improve and promote agriculture in Kent County. All such recommendations
shall be made in writing to the Planning Commission and the Board
of County Commissioners.
[Amended 6-15-2021 by Bill No. 8-2021]
The Commission shall prepare, adopt and file
a report with the Board of County Commissioners when requested. The
report shall be available for public inspection. The Commission shall
be subject to review by the Board of County Commissioners and the
decisions of the Commission shall be subject to review by the Board
of County Commissioners, which shall be the final authority.
[Amended 6-15-2021 by Bill No. 8-2021]
A majority of all the members appointed to the
commission shall constitute a quorum at any regular or special meeting
of the commission. If any members recuse themselves for specific items
and/or votes, the remaining members shall be considered a valid quorum
for the purposes of conducting business on said items and/or votes.
In the event that only one member is available to vote on an item,
this can be considered a valid vote by the Commission, as long as
a quorum of members are present at the meeting. The Commission shall
only meet as needed.
