PUBLIC HEARING of the Town Council held Wednesday, May 24, 2006 at 7:00 p.m. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees, Councilors Jacqueline Zahn, Nancy F. Binns, Edward F. Bonczek, Margaret L. Dudley and Ronald E. Faford.
MEMBERS ABSENT: Councilor William A. Andrews was excused due to vacation.
Relative to considering and acting upon amendments to the General Ordinances of the Town of Burrillville, 2004 as revised, Chapter 30 Zoning, by adding §30-36 entitled “Compliance with Title 2, Chapter 23.1 of the Rhode Island General Laws entitled “Agriculture and Forestry” – Notification to Farmers.
NOTE: The notice of meeting was advertised in the Woonsocket Call on May 9, 16 and 23, 2006.
1. Comments/Input/Recommendations from the Ordinance Subcommittee: None
2. Comments/Input/Recommendations by the Administration (Town Solicitor, Town Manager)
Walter J. Kane, Town Solicitor, explained that the general assembly had passed an act that requires the town to notify farmers when certain actions are being considered. Mr. Kane noted that the notification would be sent only to those farmers who are listed with the Department of Agriculture. Mr. Kane said that the ordinance under consideration tracks the state law.
3. Proponents: None
4. Opponents: None
5. Town Council Members Comments/Input: None
6. VOTED to close the public hearing.
Motion by Councilor Margaret L. Dudley. Seconded by Councilor Nancy F. Binns. The motion was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, Nancy F. Binns, Edward F. Bonczek, Margaret L. Dudley and Ronald E. Faford. Councilor William A. Andrews was excused.
7. VOTED to adopt amendments to the General Ordinances of the Town of Burrillville, 2004 as revised, Chapter 30 Zoning, by adding §30-36 entitled “Compliance with Title 2, Chapter 23.1 of the Rhode Island General Laws entitled “Agriculture and Forestry” – Notification to Farmers, as follows:
The Town Council of the Town of Burrillville hereby ordains as follows:
The Revised General Ordinances of The Town of Burrillville 2004 Chapter 30 “Zoning” is hereby amended by adding the following:
30-36 Compliance with Title 2, Chapter 23.1 of the Rhode Island General Laws entitle “Agriculture and Forestry”
a) Notification to Farmers
The Town Planner is hereby designated as the official responsible for providing notification to farmers pursuant to the provisions of chapter 23.1 of Title 2 of the Rhode Island General Laws entitled, “Agriculture and Forestry”.
b) Eligible Farmers
Eligible Farmers shall be those placed on a list established by the director of the Department of Environmental Management pursuant to R.I. G. L. 2-23.1-3
c) Matters Subject to Notice
Matters subject to notification shall include the following actions to:
(1) change the zoning and/or permitted uses of land subject to farming;
(2) designate or amend the designation of land used for farming in comprehensive plans or land use ordinances;
(3) change the manner of taxation of real and personal property used for farming;
(4) establish or amend programs for the transfer of development rights affecting farming and hours of operation of machinery and equipment used in farming;
(5) regulate water uses for farming purposes;
(6) control noise and hours of operation of machinery and equipment used in farming.
d) Time of Notification
Not later than seven (7) business days after a matter subject to notification as provided for herein is formally proposed for study or consideration by a public body in which the matter originates written notification of the matter shall be mailed to farmers listed on the Directors list.
e) Contents of Notification
The written notification shall, as a minimum, state the matter subject to notification, the public body of the town which will be studying or considering the matter and provide the name of the town official, whom the farmers may contract to request additional information about the matter or to request a work session as provided herein.
f) Work Session Request
Any farmer who receives a notification as provided herein may request in writing, within ten (10) business days after such notification, a work session to review the impact of the matter subject to notification on farming. The request shall be made to the official designated on the notification to receive such a request. Within twenty (20) business days after the receipt of such a request, said official shall notify in writing all farmers on the notification list of such request, providing the location time and date of a work session on the matter. The work session shall not be sooner than seven (7) business days after the date of notice of the said work session. The work shall be to review and consider the effects of the matter, subject to notification on farming. The work
session shall be prior to any final action on the matter subject to notification by the public body and the findings and conclusions of the work session shall be reported to the public body. Work sessions shall be governed by the Open Meetings Act. For any matter subject to notification not more than one work session shall be required to comply with the provisions of this ordinance.
g) Emergency actions unimpaired
The provisions of this ordinance shall not be deemed to impair, limit or restrict the power of the public body of the town to take emergency actions of a temporary duration that are necessary to protect health, safety or welfare.
h) Validity of actions
Except in instances of knowing and willful noncompliance with the provisions of this ordinance, a failure to comply strictly with any of the requirements of this ordinance shall not be deemed to affect or impair the validity of any action otherwise taken.
This ordinance shall take effect upon passage.
8. VOTED to adjourn.
Motion by Councilor Margaret L. Dudley. Seconded by Councilor Jacqueline Zahn. The motion was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, Nancy F. Binns, Edward F. Bonczek, Margaret L. Dudley and Ronald E. Faford. Councilor William A. Andrews was excused.
The public hearing was taped. The tape is on file with the record of the minutes.
Louise R. Phaneuf, Town Clerk
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