§ 14-89. Farmland protection advisory board (farmland board).

(a)

Creation. A farmland protection advisory board (farmland board), to consist of members appointed by the board of county commissioners (BOCC), is hereby established.

(b)

Mission. The farmland board shall foster the wise use of our farmland resources by working with farmers, the community, government entities and agencies and other resources to identify and implement strategies for the preservation and enhancement or our farming community while protecting the land and soils for future generations.

(c)

Membership. The farmland board shall be composed of a minimum of ten voting members and a maximum of 15 voting members, the exact number to be determined by the farmland board. All farmland board members shall reside in Durham County; moving out of Durham County shall be cause for removal of the member. Moving out of the VAD that a member represents shall be cause for removal of the member, although the member may become one of the farmland board's appointments. The farmland board membership shall be based upon the following:

(1)

Six members shall be appointed by the board of county commissioners (hereafter "BOCC"). These members shall be active farmers and /or be engaged in a business or activity that is involved in the farming community of Durham County. These members shall be appointed from the following categories:

(1) Little River VAD

(1) Eno River VAD

(1) Flat River VAD

(1) Lick Creek VAD

(1) Business representative

(1) Cape Fear VAD

However, in the event that after reasonable advertisement, no qualified candidates for a VAD appointment comes forward, then the farmland board shall not be bound by the VAD representation requirement and may instead appoint an at-large member. The BOCC will attempt to ensure that female and minority farmers are represented on the farmland board.

(2)

One member shall be appointed from each of the following elected or appointed farmland boards:

a.

The Durham BOCC, appointed by its chair;

b.

Durham Soil and Water District Supervisor, appointed by its chair;

c.

The Board of Directors of the Durham County Farm Bureau, appointed by its chair; and

d.

The Durham Open Space and Trails Commission; appointed by its chair.

(3)

Up to five members may be appointed by the farmland board. These members may represent a special interest, or focus that the farmland board feels would be helpful in fulfilling its duties and responsibilities.

Appointments made by the farmland board shall be approved with a majority vote of the farmland board, and shall serve three-year terms. Members may be nominated from the floor, or by a nominations committee. Prospective members shall fill out an application for the farmland board appointments as provided by the staff.

Members appointed by the farmland board shall be subject to the BOCC's policy on board appointments.

(d)

Advisors. Advisors from the cooperative extension service, state forest service, farm service agency (FSA) and the soil and water conservation district staff, and the city/county planning department will assist the farmland board.

(e)

Tenure. Appointments to the farmland board will be made as needed. Appointments will be for three-year terms and farmland board members may apply for and receive reappointment.

(f)

Vacancies. Any vacancy on the farmland board is to be filled by the BOCC for the remainder of the unexpired term.

(g)

Removal of members. A member of the farmland board may be removed by the body that appointed that member for any of the following reasons:

(1)

Violation of attendance, ethics, or conflict of interest as deemed by the BOCC;

(2)

Moving out of Durham County;

(3)

Nonpayment of taxes; and

(4)

Any reason deemed sufficient by the body or official that appointed the member.

Reasons for removal include the following: Neglect of duty, failure to carry out duties, misfeasance, malfeasance, lack of attendance and failure to comply with the commissioner's resolution on appointments to boards and commissions.

(h)

Funding.

(1)

The per diem compensation of the members of the farmland board shall be fixed by the BOCC.

(2)

Funds will be appropriated to the farmland board to perform its duties.

(i)

Procedure.

(1)

Chairman. The farmland board is to elect a chairman and vice-chairman each year at its January meeting following the appointment of new members or reappointment of existing members. The chairman shall preside over all regular or special meetings of the farmland board. In the absence or disability of the chairman, the vice-chairman shall preside and shall have and exercise all the powers of the chairman. Additional officers may be elected as needed.

(2)

Jurisdiction. The jurisdiction of the farmland board shall be limited to the county, except in the case where farmland lies in Durham and an adjacent county. The part of the farmland in the county can be included in this program and the contiguous farmland being contained in another county can only be included with the permission of the BOCC of the county in question, unless the farm is already taxed entirely by Durham.

(3)

Farmland board year. The farmland board will use the county fiscal year as its year of operation.

(4)

Meetings. The farmland board shall establish a regular meeting schedule for each calendar year with a regular meeting time, place and date. The farmland board shall meet at a minimum at least six times during the year and the farmland board can call additional meetings as required by need and business. All meetings shall be subject to applicable provisions of the North Carolina Open Meetings Law, G.S. ch. 143, art. 33C. The farmland board shall keep permanent minutes of its meetings, recommendations and other actions. Notice of all meetings shall be given as required by law.

a.

Special meetings. The chair may call a special meeting of the farmland board at any time by giving oral or written notice to all members in advance in compliance with North Carolina Open Meetings Law. Special meetings shall also be scheduled upon the request of at least members of the farmland board.

b.

Cancellation of meetings. Whenever there is no business to come before the farmland board, the chair or vice-chair may dispense with a regular meeting by giving notice to all members not less than 24 hours prior to the time set for the meeting.

c.

Attendance. It is expected that members appointed to the farmland board will regularly attend its meetings. Members may forfeit the remainder of their terms and may be replaced under the following conditions:

1.

Any member who has three unexcused absences of regular farmland board meetings within a one-year time period.

When the farmland board finds that a member has become disqualified for membership because his or her attendance or residence requirement does not meet farmland board regulations, the chair of the farmland board shall notify the body that appointed the member so that a new member may be appointed for the remainder of the unexpired term.

(5)

Quorum. A quorum shall be eight farmland board members or 50 percent of current members.

(6)

Majority vote. The concurring vote of a majority of the quorum shall be necessary to take action on any matter.

(7)

Records. The farmland board shall keep minutes showing the vote upon each question, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the farmland board and shall be public records.

(8)

Administration. The Durham Soil and Water Conservation District will serve as the primary staff support and provide administrative support for the farmland board. Staff liaison and support will also be provided by the county open space program staff.

(9)

Duties. The farmland board shall:

a.

Review and approve or disapprove applications for qualified farmland and for membership in a VAD and make recommendations concerning the establishment and modification of VADs and of potential conservation easements and other programs or polices that will promote the preservation of farmland resources in Durham County.

b.

Review and make recommendations concerning any ordinance or amendment adopted or proposed for adoption under this article.

c.

Hold public hearings pursuant to section 14-92 of this article.

d.

Advise the BOCC on projects, programs or issues, affecting the agricultural economy and any other activities within the county that will affect agricultural districts.

e.

Advise and promote to the BOCC financial incentives and benefits to promote participation in the VAD program and the viability of farmland in Durham County.

f.

Educate the public and the farming community in Durham of the benefits of protection of farmland and continuation of farming.

g.

Act on behalf of the county in promoting and administering the farmland protection program and advising staff on program direction and goals.

h.

Review and advise staff on potential conservation easements, voluntary agricultural districts, and other programs which further the protection of farmland in Durham County.

i.

Represent the farming community on behalf of the county at public and educational venues throughout the county.

(10)

[Annual report.] The farmland board shall produce by March of each year a written annual report to the BOCC that shall include the status, progress and activities of the county's farmland protection program of the preceding fiscal year and shall include:

a.

Number of member farms participating in VADs;

b.

Number of agricultural conservation easements granted to the county;

c.

Yearly budget summary;

d.

Other activities;

e.

Farmland board membership status; and

f.

Proposed program emphasis for upcoming year.

(11)

Conduct of business. All members of the farmland board are subject to the Durham County ethics policy, while conducting or representing business of the farmland board.

(12)

Conflicts of interest. Farmland board members hold their positions for the benefit of the general public and Durham County. Conflicts can arise in situations in which a farmland board member's duty to act in the public interest conflicts with a potential desire to advance his or her own interest. These conflicts of interest can include financial, associative, and personal bias. As a general rule, members shall refrain from taking part in actions that might reasonably call into question the impartiality and fairness in those decisions.

(13)

Bylaws. The farmland board may adopt additional bylaws for its conduct of business, including policies for excused or unexcused absences, rules of procedure, etc.

(Ord. of 5-13-96, § A-4; Ord. of 5-27-03)