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Baldwin County Commission

Special Work Session


September 23, 2009
Agenda
Welcome: Vice Chairman, Charles F. Gruber
I
Invocation
ti
Pledge of Allegiance
Discussion of County Legislative Issues
Update on County Road 83 Project (I
(I-10
10 to II-65)
65)
Public Comment
Public Official’s Comments
Press Questions
Adjournment
Welcome
• Purpose of Special Work Session is to discuss
County Legislative Issues prior to
Commencement of the 2010 Regular Session
of the Alabama Legislature

• The 2010 Regular Session begins on


J
January 12
12, 2010
2010, and
d must conclude
l d bby
April 26, 2010
Welcome
Calendar of Meetings:

Wednesday,
W d d S September
b 2323, 2009
9:00 a.m.
Baldwin County Central Annex
Auditorium
22251 Palmer Street
Robertsdale,, Alabama

Wednesday, October 21, 2009


9:00 a.m.
am
Baldwin County Central Annex
Auditorium
22251 Palmer Street
Robertsdale, Alabama
Welcome
Thank you for attending:

B ld i County
Baldwin C Legislative
L i l i Delegation
D l i

Baldwin County Mayors

Baldwin County Waste Water Utility Providers


(public and pprivate))
(p
I
Invocation
ti
Pl d off Allegiance
Pledge All i
Discussion of County Legislative Issues
1. Regulation of Waste Water Utilities
2. Establishing Community Heritage Districts
3. Municipal Authority Outside Corporate Limits
4 Providing
4. P idi ffor Fl
Flow C
Control
t l (S
(Solid
lid Waste)
W t )
5. Amending Local Planning & Zoning
Legislation to change Composition of County
Planning & Zoning Commission
Discussion of Countyy Legislative
g Issues
6. Amendingg Local Countyy Commission
Personnel Legislation

7. Amending Local Rental/Lease Tax Legislation


to Alter the Manner of Distribution of Certain
Tax Proceeds

8. Absentee Voting
Regulation of Waste Water Utilities
• Legislative
L i l i History
Hi
• Amendment No. 781, as amended by Constitutional Amendment No.
810, authorized the AL Legislature to enact a general or local law
regulating wastewater utilities in Baldwin County. These Amendments
were approved by the voters in 2006 and 2008.
• To date,
d AL Legislature
il has
h not enactedd generall or local
l l legislation
l il i
regulating wastewater utilities in Baldwin County.

• Purpose of Legislation
• Refer to Booklet Page 1
• House Bill 912 of the 2007 Regular Session of the AL Legislature
• Most recent attempt by the Baldwin County Legislative Delegation to enact law
• Passed in the AL House of Representatives
p
• Died in the Local Legislation Committee No. 1 in the AL State Senate
Establishing Community Heritage Districts
• Legislative History
• This is a proposed new Amendment to the Constitution of Alabama 1901

• Purpose of Legislation
• Refer to Booklet Page 18
• This proposed legislation will allow for the establishment and operation
of Community Heritage Districts in unincorporated areas.
• Community
i Heritage
i Districts
i i will:ill
• Preserve and maintain an unincorporated community’s quality of life, character,
identity and independence so that the area’s residents and businesses may rely on
the logical growth of local government affecting them, or to allow the
community’s incorporation if desired

• Allow
ow tthee area
a ea comprising
co p s g said
sa d District
st ct to remain
e a independent
depe de t and
a d autonomous
auto o ous
from municipal government and would further limit municipal extraterritorial
powers and annexation within the District
Municipal Authority Outside Corporate Limits
• Legislative History
• This is a proposed new Amendment to the Constitution of Alabama 1901
• Purpose of Legislation
• Refer to Booklet Page 28
• This proposed legislation will disallow a municipality located wholly or
partially within Baldwin County to exercise any police, subdivision, zoning,
land use or planning jurisdiction beyond the corporate limits of the
municipality.
• Currently 5 of 14 Baldwin County municipalities issue building permits outside
their corporate limits but inside their respective police jurisdiction.
• Citizens in unincorporated areas, but in municipal police jurisdictions, must pay
to obtain a building permit from a municipal government but are unable to
participate in elections for the municipal officials.
• Municipal planning authority outside a municipality’s corporate limits can cause
frustration to citizens seeking a governmental decision as to the establishment of
a subdivision located within a municipality’s existing planning jurisdiction.
Providing for Flow Control (Solid Waste)
• Legislative History
• This is a proposed new Amendment to the Constitution of Alabama 1901
• Purpose of Legislation:
• Refer to Booklet Page 30
• This proposed legislation will allow the Baldwin County Commission’s
Magnolia Landfill to be the designated and primary landfill in the county
for
o tthee disposal
d sposa oof so
solid
d waste refuse.
e use.
• U.S. Supreme Court decision in April, 2007, opened the door for local
government flow control initiatives.
• The Baldwin County Commission’s Magnolia Landfill meets
requirements to be designated as the primary landfill by providing
ggeneral ppublic services including
g composting,
p g, recycling
y g and household
hazardous waste collection.
Amending Local Planning & Zoning Legislation –
Composition of County Planning & Zoning Commission
• Legislative
L i l i History:
Hi
• Act No. 91-719, as amended, is commonly referred to the “Baldwin County
Planning and Zoning Local Law” and provides, among other things, for the
composition of the planning and zoning commission.
• In 2006, the AL Legislature adopted Act No. 2006-609, which deleted explicit
language
g g regarding
g g the maximum number of regular
g members and deleted
terms or length of office for regular members.
• Prior to this Act, the planning and zoning commission was capped at a max of 9
regular
g members ((1 of which could reside in a city)
y) all of which served terms of
office for 4 years.
• Purpose of Legislation:
• Refer
R f tto Booklet
B kl t Page
P 32
• This proposed legislation will set the planning and zoning commission to have
no less than 5, no more than 9 regular members of which 1 may reside in a
municipality, all of which must be registered voters. It will provide that the
term of office for regular members be 4 years and it will provide clarification
regarding temporary members.
Amending Local County Commission
Personnel Legislation
g
• Legislative History:
• Codified at Section 45-2-120
45 2 120.12
12 of the Code of Alabama 1975
• Act No. 95-581, as amended by Act No. 2005-159, commonly referred to
as the “Baldwin County Personnel Merit System Local Law” requires,
among other things, the 8 Baldwin County Commission appointed
contract employees to be evaluated in writing by the Baldwin County
Commission on a semi-annual basis.

• Purpose of Legislation:
• Refer to Booklet Page 34
• This proposed legislation will amend Act No. 95-581, as amended by Act
No. 2005-159, to provide only for the annual written evaluation of the 8
Baldwin County Commission appointed contract employees.
Amending Local Rental/Lease Tax Legislation
• Legislative History:
• Codified at Section 45-2-244.183 of the Code of Alabama 1975.
• Purpose
p of Legislation:
g
• Refer to Booklet Page 36
• This proposed legislation will amend Act No. 2007-377 to :
• Provide payment by the county of tax proceeds to the Fort Morgan
Foundation, Inc. (to benefit the Fort Morgan State Historic Site) and Historic
Blakeley Authority
• Provide that any use of tax proceeds meet certain criteria
• Provide for the manner of handling unappropriated balances
• Provide for the return of prior payments to the county
• Currently, 12.5% of (local Baldwin County) rental/lease tax proceeds are
provided each for capital outlay improvements at the Fort Morgan State Historic
Site and Historic Blakeley
y Authority.
y
• Tax proceeds are paid to the Alabama Historical Commission (for the Fort
Morgan State Historic Site) and Historic Blakeley Authority.
Absentee Voting
• Refer to Booklet Page 40
• Citizens in the Central, South and Eastern Shore areas of the county voiced
concern to the Baldwin County Commission that they are not efficiently
provided
id d a means to
t absentee
b t vote t
• Currently the Baldwin County Absentee Election Manager is stationed in Bay
Minette
• Citizens can complete absentee ballot applications at satellite courthouse locations
but cannot be provided with an absentee ballot. The Absentee Election Manager is
the only authorized official allowed to provide the absentee ballot
• The Baldwin County Commission asked for an AL Attorney General’s Opinion
(Opinion #2008-053; February 13, 2008) to determine :
• If the county could provide multiple offices in various locations in the county where
absentee election duties could be performed
• If the county could appoint other county personnel to perform all functions of the
Absentee Election Manager, including the distribution and receipt of absentee ballot
applications
li i andd ballots
b ll
• The Attorney General informed the county that these options were not allowed
Update on County Road 83 Extension
Project Update
(I-10 to I-65)
County Road 83 Extension Project
• Congressman Jo Bonner is requesting on behalf of Baldwin
County $120,000,000 in funding for the project in the 2010
Federal Transportation Reauthorization Bill

• Should the county be awarded this funding,


funding the Baldwin
County Commission will match the award with $30,000,000

• T
Totall project
j costs to build
b ild a four
f lane
l thoroughfare
h hf is i
$150,000,000

• This appropriation request will enable the construction of the


extension of County Road 83 from Interstate 10 north to
Interstate 65
Benefits of County Road 83 Extension Project

• The added extension will allow for a strengthened and


more efficient hurricane evacuation route for the
southern, as well as central, portion of the county

• Relieve traffic congestion on Alabama State


Hi h
Highway 59

• Provide for an economic development corridor,


corridor which
will also promote tourism in Baldwin County
The Baldwin
Th B ld i County
C t
Commission has already
accomplished
p the
Feasibility Study

The Feasibility Study cost


approximately $70,000
County Road 83 Extension Project
• The Baldwin County Commission received support from
12 Baldwin County municipalities for this project
Orange Beach Spanish Fort
Elberta Gulf Shores
Magnolia Springs Fairhope
Foley Silverhill
Loxley Robertsdale
D h
Daphne S
Summerdale
d l

THANK YOU!
Proposed State Plan
P bli Comment
Public C t
P bli Officials
Public Offi i l Comment
C t
P
Press Questions
Q ti
Adjournment

Next Meeting:

Wednesday, October 21,


Wednesday 21 2009
9:00 a.m.
Baldwin County Central Annex
Auditorium
22251 Palmer Street
Robertsdale, Alabama

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