Power Point (Special Work Session)
Transcript of Power Point (Special Work Session)
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Baldwin County Commission
September 23, 2009
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Agenda
Welcome: Vice Chairman, Charles F. Gruber
nvoca on
Pledge of Allegiance
Discussion of County Legislative Issues
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Public Comment
Public Officials Comments
Press Questions
Adjournment
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County Legislative Issues prior to
of the Alabama Legislature
The 2010 Regular Session begins on
anuary , , an must conc u e yApril 26, 2010
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WelcomeCalendar of Meetings:
e nes ay, eptem er ,
9:00 a.m.
Baldwin County Central Annex
Auditorium
22251 Palmer Street
Robertsdale Alabama
Wednesday, October 21, 2009
. .Baldwin County Central Annex
Auditorium
a mer ree
Robertsdale, Alabama
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a w n ounty eg s at ve e egat on
Baldwin County Mayors
Baldwin County Waste Water Utility Providers
ublic and rivate
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nvoca on
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e ge o eg ance
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Discussion of County Legislative Issues1. Regulation of Waste Water Utilities
2. Establishing Community Heritage Districts
3. Municipal Authority Outside Corporate Limits
. rov ng or ow on ro o as e
Amendin Loc l Pl nnin Zonin
Legislation to change Composition of County
Pl nnin Zonin ommission
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Regulation of Waste Water Utilities
eg s at ve story
Amendment No. 781, as amended by Constitutional Amendment No.
regulating wastewater utilities in Baldwin County. These Amendmentswere approved by the voters in 2006 and 2008.
To date, AL Legislature has not enacted general or local legislation
regulating wastewater utilities in Baldwin County.
Refer to Booklet Page 1
Most recent attempt by the Baldwin County Legislative Delegation to enact law
Passed in the AL House of Re resentatives
Died in the Local Legislation Committee No. 1 in the AL State Senate
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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 Heritage Districts will:
Preserve and maintain an unincorporated communitys quality of life, character,
identity and independence so that the areas residents and businesses may rely on
the logical growth of local government affecting them, or to allow thecommunitys incorporation if desired
Allow the area com risin said District to remain inde endent and autonomous
from municipal government and would further limit municipal extraterritorial
powers and annexation within the District
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Municipal Authority Outside Corporate Limits
This is a proposed new Amendment to the Constitution of Alabama 1901
Pur ose of Le islation
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 toparticipate in elections for the municipal officials.
Municipal planning authority outside a municipalitys corporate limits can cause
frustration to citizens seeking a governmental decision as to the establishment of
a subdivision located within a municipalitys existing planning jurisdiction.
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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 Commissions
Magnolia Landfill to be the designated and primary landfill in the county
for the dis osal of solid waste refuse.
U.S. Supreme Court decision in April, 2007, opened the door for local
government flow control initiatives.
The Baldwin County Commissions Magnolia Landfill meetsrequirements to be designated as the primary landfill by providing
eneral ublic services includin com ostin rec clin and householdhazardous waste collection.
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Amending Local Planning & Zoning Legislation
Composition of County Planning & Zoning Commission
eg s at ve story:
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
lan ua e re ardin the maximum number of re ular 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 9re ular members 1 of which could reside in a cit all of which served terms of
office for 4 years.
Purpose of Legislation:
e er o oo e age 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 clarificationregarding temporary members.
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Amending Local County Commission
Personnel Le islation Legislative History:
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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:
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.
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Amending Local Rental/Lease Tax Legislation
Codified at Section 45-2-244.183 of the Code of Alabama 1975.
Purpose of Legislation:
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
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 Blakele Authorit .
Tax proceeds are paid to the Alabama Historical Commission (for the Fort
Morgan State Historic Site) and Historic Blakeley Authority.
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Absentee Voting
Citizens in the Central, South and Eastern Shore areas of the county voiced
concern to the Baldwin County Commission that they are not efficiently
prov e a means o a sen ee vo e
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 Generals 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 and ballots
The Attorney General informed the county that these options were not allowed
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Update on County Road 83 Extension
Project Update
(I-10 to I-65)
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County Road 83 Extension Project
Congressman Jo Bonner is requesting on behalf of Baldwin
Federal Transportation Reauthorization Bill
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County Commission will match the award with $30,000,000
ota pro ect costs to u a our ane t oroug are s
$150,000,000
This appropriation request will enable the construction of theextension of County Road 83 from Interstate 10 north to
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more efficient hurricane evacuation route for thesouthern, as well as central, portion of the county
Relieve traffic congestion on Alabama Stateg way
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will also promote tourism in Baldwin County
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e a w n ounty
Commission has alreadyaccom lished theFeasibility Study
The Feasibility Study costapproximately $70,000
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The Baldwin County Commission received support from
12 Baldwin County municipalities for this project
Elberta Gulf Shores
Magnolia Springs FairhopeFoley Silverhill
Loxley Robertsdale
ap ne ummer a e
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Proposed State Plan
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u c c a s ommen
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ress ues ons
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Adjournment
Next Meeting:
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9:00 a.m.
Auditorium
Robertsdale, Alabama