booklet (special work session)

8/9/2019 Booklet (Special Work Session)

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BALDWIN COUNTY COMMISSIONSPECIAL WORK SESSION

[with Baldwin County Legislative Delegation, Mayors of Baldwin County and Waste WaterUtilityProviders in Baldwin County]WEDNESDAY, SEPTEMBER 23,200 99:00 a.m.

AuditoriumBaldwin County Central Annex

22251 Palmer StreetRobertsdale, Alabama

Welcome: Vice Chairman Charles F. GruberInvocation

Pledge of AllegianceDiscussion of County L egislative Issues

Update of County Road 83 Project (I-10 to 1-65)Public Com ment

Public Official's CommentsPress Questions

Adjournment


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Legislative History: Constitutional Amendment No. 78 1, as amended by ConstitutionalAmendment No. 810, authorize the Alabama Legislature to enact a general or local lawregulating wastewater utilities in Baldwin County. The amendments were, respectively,approved by the voters in 2006 and again in 2008. To date, the Alabama Legislature has notenacted general or local legislation regulating wastewater utilities in Baldwin County.Purpose of Legislation: Attached is House Bill 912 of the 2007 Regular Session of theAlabama Legislature. This bill appears to be the most recent attempt by the Baldwin CountyLegislative Delegation to enact a local law which would regulate wastewater utilities in BaldwinCounty. During the 2007 Regular Session, House Bill 912 passed the Alabama House ofRepresentatives but died inLocal Legislation Committee No. 1 in the Alabama State Senate.

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1 HB9122 86102-23 By Representatives McMillan, Davis, Faust, Baker (A) and4 Shiver (N & P)5 RFD: Baldwin County Legislation6 First Read: 15-MAY-07

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A BILL

TO BE ENTITLEDAN ACT

Relating to Baldwin County; to grant certain powersto the Baldwin County Commission for the purpose of regulatingthe placement, construction, operation, and maintenance ofwastewater systems and the rates charged for connection,collection, and treatment services provided by wastewaterutilities within the unincorporated areas of Baldwin County inorder to protect public health, welfare, and environment; toallow the Baldwin County Commission to establish minimumstandards for construction, operation, and maintenance ofcertain wastewater systems operating within the unincorporatedareas of Baldwin County; to provide for the establishment ofreasonable and just rates for connection, collection, andtreatment services; to require wastewater utilities to enterinto a service agreement with the county commission; toprovide penalties for violations; to provide for a technical

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advisory committee to advise the Baldwin County Commission; toprovide for a tax on gross receipts of connection, collection,and treatment revenues; and to provide for the distribution ofmonies collected.BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For purposes of this act, the followingwords have the following meanings:

(1) SERVICED FACILITY. Any improvement, whetherresidential, commercial or industrial, which is connected to

and serviced by a wastewater system as defined herein.(2) WASTEWATER SYSTEM. A system of pipes, lines,

meters, pumps, equipment and facilities, all or part of whichare located in the unincorporated areas of Baldwin County andwhich are owned or operated by a wastewater utility, asdefined herein, for the collection, treatment, and disposal ofwastewater from homes, schools, businesses, and other entitiesin which solids, sewerage, nonhydrocarbon greases, and oilsare collected for treatment or where wastewater is collectedfor disposal. Individual septic tank systems, decentralized orcluster facilities as defined in Act 2001-973, and allportable toilets are expressly excluded from the definition ofthe term "wastewater system."

( 3 ) WASTEWATER UTILITY. The owner or operatingentity of a wastewater system, whether privately owned orpublicly owned, including those portions of privately ownedwastewater systems, municipally owned wastewater systems, andwastewater systems owned by or through boards or other

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entities established by municipal corporations or as otherwiseprovided by state law.

(4) WASTEWATER. Solids, sewerage, nonhydrocarbongreases, and oils.

Section 2. (a) The Baldwin County Commission,hereinafter referred to as the "county commission," mayestablish uniform minimum standards for the design, placement,construction, operation, and maintenance of wastewater systemsincluding, but not limited to, individual components thereof,

and may establish reasonable and just rates chargeable toconsumers and enter into service agreements with eachwastewater utility providing collection, treatment, anddisposal services within the unincorporated areas of BaldwinCounty subject to this act. The county commission shall havejurisdiction over all wastewater utilities which own oroperate wastewater systems within the unincorporated areas ofBaldwin County, and only to the extent that the wastewatersystems, or parts thereof, lie within the unincorporated areasof Baldwin County. Notwithstanding any provision of state lawto the contrary, the county commission is vested withjurisdiction over the design, placement, construction,operation, and maintenance of all wastewater systems withinthe unincorporated areas of Baldwin County. The rules,regulations, construction standards, and specificationsadopted by the county commission shall be applied equally andon a nondiscriminatory basis to all wastewater systems andwastewater utilities within all unincorporated areas of the

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county. Notwithstanding the foregoing, those wastewaterutilities which are publicly owned by municipalities or otherpublic corporations established in accordance with state lawshall be exempt from Section 4 of this act except as expresslyprovided therein.

(b) The county commission shall have the soleauthority to determine and regulate the location of all pipes,lines, routes, meters, pumps, equipment, stations, or otherfacilities of wastewater systems or wastewater utilities,which systems or utilities are situated inside theextraterritorial planning jurisdictions of municipalities, incompliance with the more stringent of the standards of therespective municipality or of the county commission, with thecounty commission vested with the sole authority to determinewhich standards are more stringent.

Section 3. The county commission shall perform allof the following in the exercise of its authority grantedhereunder:

(1) Establish uniform minimum standards andspecifications for the design, placement, construction,operation, and maintenance of wastewater systems within allunincorporated areas of Baldwin County.

(2) Enter into service agreements with eachwastewater utility authorizing the utility to providewastewater collection, treatment, and disposal in accordancewith this act and with those requirements established by thecounty as provided herein.

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(3) Approve reasonable and just rates forconnection, collection, treatment, and disposal services inaccordance with Section 4 hereof and approve requests bywastewater utilities for adjustments to their rates to conformwith the provisions of Section 4 hereof, and when in agreementwith such requests, approve the same.

(4) Hold public hearings prior to making adetermination regarding rate adjustments in accordance withprocedures adopted by the county commission.

(5) As may be reasonable or necessary, enter intocontracts with private accounting firms, independentconsultants or with other state agencies or commissions,including the Public Service Commission, for rate reviews,technical issues, and related services, including contractservices for establishing reasonable and just rates as set outin Section 4 hereof.

(6) Establish procedures for the relinquishment ofregulatory jurisdiction by the county commission over thoseportions of a wastewater system located in an area which isannexed by a municipality.

(7) Establish procedures and provide staff,equipment, and other support for the implementation,administration, and enforcement of the provisions of this act.

(8) Establish procedures to address consumercomplaints.

(9) Establish procedures in coordination withappropriate county, state, and federal entities for the

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uniform reporting of information concerning any spillsaffecting any public waters or lands.

Section 4. (a) The rates and charges for theconnection, collection, and treatment services in theunincorporated area of the county shall be reasonable and justto both the wastewater utilities and the consumers. The ratesand charges for municipal systems shall not be regulated, butrates and charges for municipal customers outside of thecorporate limits of a municipality may not be more than 20

percent higher than the rates and charges for municipalcustomers within the corporate limits of the municipalityunless mandated by federal or state requirements. Incompliance with that maximum 20 percent limit, customers ofmunicipal systems may be charged higher rates and charges fornew facilities and lines. Every wastewater utility shall beentitled to just and reasonable connection, collection, anddisposal treatment rates which will enable it at all times tofully perform its duties to the public and will, under honest,efficient, and economical management, earn a fair net returnon the reasonable value of the wastewater utility's propertydevoted to the services provided, including, but not limitedto, its wastewater system's collection, treatment, anddisposal. For the purpose of fixing connection, collection,treatment, and disposal rates, the county commission shallutilize the methodologies of the Public Service Commission inregulating other utilities. In any determination by the countycommission as to what constitutes a fair rate of return, the

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county commission shall give primary consideration to theaverage rates of return allowed by the Public ServiceCommission for other utilities. Further consideration shall begiven to, among other things, the present and futurerequirements of the wastewater utility with respect to thewastewater system under consideration, and the necessity,under honest, efficient and economical management of thewastewater utility, of the enlargement or alteration oftreatment plants, facilities and equipment of the wastewaterutility under consideration in order to provide the publicserved thereby with adequate, safe, and environmentally soundservice and to ensure the continued stability and ability toperform the services provided, all generally in accordancewith the methodologies and practices of the Public ServiceCommission in regulating other utilities.

(b) In furtherance of this section, each wastewaterutility providing service within the unincorporated areas ofthe county shall provide to the county, or its agents asdefined in Section 3 ( 5 ) of this act, any financialinformation, including, but not limited to, short andlong-term income, assets, and liabilities or any otherinformation relevant to determining the financial stability ofthe wastewater utility and its ability to perform its intendedservice continuously over the long term or the term of theservice agreement. All such information shall be keptconfidential and published only to those officials who need to

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(d) Each application for a service agreement, or anyamendment thereto, shall be accompanied by a fee which shallbe established by the county commission.

Section 6. There is created the Baldwin CountyUtility Technical Advisory Committee, hereinafter referred toas the "technical advisory committee," which shall advise thecounty commission on the development of minimum engineeringand construction standards for wastewater systems within theunincorporated areas of Baldwin County, including standards

for construction of gravity, low-pressure, or other types ofcollection systems. The technical advisory committee shall beappointed by the county commission, except as provided herein,and shall consist of seven voting members as follows: TheCounty Engineer, the County Planning Department Engineer, theAdministrator of the County Health Department, or theirrespective designees; a representative from the AlabamaDepartment of Environmental Management; a registeredprofessional engineer with sanitary engineering experience;one member who is an employee from a municipal utility systemwithin Baldwin County and one member who is a member of theBaldwin County Mayors1 Association, or their designees, withboth members being appointed by the Baldwin County Mayors'Association. The members shall serve for a term of 3 years andshall be eligible for reappointment at the discretion of thecounty commission. The county commission shall have theauthority to remove a member in accordance with proceduresadopted by the county commission. All meetings of the

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technical advisory committee shall be open to the public andnotice of any meeting shall be given not less than 10 daysbefore the meeting, except in cases of emergencies whenreasonable notice shall be given to the public. The technicaladvisory committee may be compensated in a manner and to theextent provided by the county commission.

Section 7. The county commission shall adopt uniformminimum standards and specifications for the construction andmaintenance of wastewater systems within the unincorporated

areas of Baldwin County to ensure protection of public health,welfare, and the environment. For purposes of systems orutilities which are situated inside the extraterritorialplanning jurisdictions of municipalities, the countycommission shall adopt the more stringent of the standards ofthe respective municipality or of the county commission as tothe respective system or utility, with the county commissionvested with the sole authority to determine which standardsare more stringent.

In performing its responsibility, the countycommission shall encourage compatibility in the constructionof wastewater systems, taking into account engineeringfeasibility and economy of operation to consumers and thewastewater utility. The design and construction of thewastewater system, whether gravity, low-pressure, or any othertype of system for the collection and transmission ofwastewater using generally accepted engineering principles,shall be determined by the wastewater utility, subject to the

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approval of the county commission and provided the design andconstruction is performed in accordance with the minimumstandards adopted by the county commission. The approval ordenial of a utility's design and construction shall be basedupon the minimum standards. The county commission maycondition the approval of a utility's design and constructionon specified technical changes to a submitted design.

After at least two public hearings, the countycommission shall adopt uniform minimum standards,

specifications, rules, and regulations, or amendments thereto,as it deems appropriate based on the recommendations submittedby the technical advisory committee and in compliance withthis act. The county commission may modify, expand, orsupplement the recommendations of the technical advisorycommittee, subject to the provisions of this act. Notice ofthe public hearings regarding the adoption of uniform minimumstandards, and any proposed amendments thereto, shall bepublished in a newspaper of general circulation in BaldwinCounty once a week for two consecutive weeks. The firstpublication shall appear at least 20 days prior to the date ofthe first scheduled public hearing. The notice of the publichearings shall state that a copy of the proposed uniformminimum standards, specifications, rules, and regulations, orproposed amendments thereto, shall be available for inspectionand copying at the offices of the Baldwin County Commission,including all satellite offices.

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The uniform minimum standards and specificationsadopted by the county commission shall include at least all ofthe following: (a) The requirement for submission of plans andspecifications, sealed by a professional engineer registeredin the State of Alabama, of a proposed extension orconstruction of a wastewater system within the unincorporatedarea of Baldwin County prior to the issuance of any permits;(b) The requirement for as-built drawings of the construction,sealed by a professional engineer registered in the State of

Alabama; (c) Capacity assurances for treatment and collectionfacilities reflecting demands on wastewater systems as aresult of services presently being provided and servicecommitments already made, but not currently served; and (d) Anoperations and maintenance plan for the wastewater system,including a plan for handling emergencies.

Section 8. Those portions of existing wastewatersystems installed or permitted prior to the effective date ofthis act and prior to the adoption of uniform minimumstandards and specifications by the county commission areexempt from the uniform minimum standards and specificationsfor the construction of wastewater systems to be adopted bythe county commission pursuant to Section 7. Notwithstandingthe foregoing, the county commission may direct modificationsto the systems which will enhance the operation or service tothe general public. In the event an existing wastewater systemis replaced or expanded after the adoption of the uniformminimum standards and specifications, those portions to be

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replaced or expanded shall then meet the requirements of a newwastewater system as set forth in the adopted minimumstandards and specifications to the extent the requirements donot materially adversely affect the operation of the remainingportions of the existing wastewater system.

Section 9. For the use of the public rights-of-wayby wastewater utilities within the unincorporated areas of thecounty, the county commission may levy a tax upon wastewaterutilities in an amount not to exceed five percent of the gross

receipts from connection, collection, and treatment revenuescollected from customers whose serviced facility is locatedwithin the unincorporated areas of Baldwin County. Eachwastewater utility subject to this act may surcharge itscustomers whose serviced facility is located within theunincorporated areas of Baldwin County for the amount of anytaxes, and the surcharges shall not be considered as grossreceipts of any wastewater utility for the purpose ofdetermining the amount of the tax. All taxes collectedpursuant to this section shall be used solely for theoperation and implementation of the county commission'soversight in accordance with the terms of this act. Annualbudgets for the technical advisory committee shall beappropriated by the county commission.

Section 10. For the purposes of this act, the powerof eminent domain may be exercised only by the county. Thecounty may permit a wastewater utility to use its property,easements, or rights-of-way for the purposes of this act.

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Section 11. It is the intent of the Legislature toensure the maximum level of service possible and to ensureprotection of the public health, welfare, and the environmentand the viability of wastewater utilities subject toregulation hereunder. The county commission may requiremandatory connection to wastewater systems where service isreasonably available and where it is established that it is inthe best interest of protecting public health, welfare, andthe environment. In the event two or more lawful wastewater

systems border the property to be served or are reasonablyavailable to a property which is otherwise required to connectto a wastewater system pursuant to the terms of this act, andfurther where the wastewater utilities have the currentuncommitted capacity to provide service, a property owner whois required to connect to a wastewater system pursuant to thisact may choose the wastewater system to which the propertyshall be connected, and the property owner may modify thatchoice from time to time.

Section 12. Anyone aggrieved by any judgment,action, or decision of any agency, employee, officer, orrepresentative charged by the county commission withresponsibility for administering the terms of this act or theminimum standards and specifications adopted hereunder, within60 days from the date of the judgment, action, or decision,may appeal therefrom to the county commission by filing awritten notice of appeal with the chair or presiding officerof the county commission, specifying the judgment, action, or

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decision from which the appeal is taken. In the case of anappeal, the county commission shall within 60 days from thefiling of the appeal either affirm the decision of the agency,employee, officer, or representative or reverse the decision,in whole or in part, and render the decision as the countycommission deems appropriate. Anyone aggrieved by anyjudgment, action, or decision of the county commission madepursuant to this act may, within 60 days from the date of thejudgment, action, or decision, appeal therefrom to the Circuit

Court of Baldwin County by filing with the court and the chairor presiding officer of the county commission a written appealspecifying the judgment, action, or decision from which theappeal is taken along with the specific grounds therefor. Uponthe filing of the appeal, the county commission shall cause arecord of the proceedings in the matter to be certified to theCircuit Court. The case shall proceed in Circuit Courtpursuant to the Alabama Rules of Civil Procedure, and theaction in the court shall be tried de novo. Except asotherwise provided by law, the actions shall have priorityover other civil actions. The non-prevailing party shall beresponsible for all costs of the appeal.

Section 13. This act shall become effective on thefirst day of the third month following its passage andapproval by the Governor, or its otherwise becoming law.

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Legislative History: There is no legislative history; this is a proposed new Amendment to theConstitution of Alabama 1901.Purpose of Legislation: This proposed legislation will allow for the establishment and operation ofCommunity Heritage Districts in unincorporated areas to preserve and maintain an unincorporatedcommunity's quality of life, character, identity and independence so that the area's residents andbusinesses may rely on the logical growth of local government affecting them, or to allow thecommunity's incorporation if desired. A Community Heritage District will allow the area comprisingsaid District to remain independent and autonomous from municipal government and would firther limitmunicipal extraterritorial powers and annexation within the District.

A BILLTO BE ENTITLED

AN ACT

To propose an amendment to the Constitution of Alabama of 1901, relating to BaldwinCounty, to provide for the establishment and operation of community heritage districts inunincorporated areas.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1.The following amendment to the Constitution of Alabama of 1901, is proposed andshall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENTArticle 1. Purpose of Community Heritage District.

The legislature finds that there is a need to provide methods and procedures to create andrecognize areas where unincorporated communities exist. These Community Heritage Districtsmay include areas where these settlements have been traditionally recognized, or they may

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45 (c) Area must form a homogeneous settlement or community.

(d) The area encompassed cannot include any areas within the corporate limits of any of

Baldwin County's municipalities.Article 4. Petition

(a) The petition shall be accompanied by an accurate map which shall show the boundary ofthe area proposed to be encompassed within the district.

(b) No Community Heritage District shall be established until a majority of qualified electorsof the affected area voting in an election shall have voted their desire to create aCommunity Heritage District. In order to call for a referendum in the district, a petitioncontaining the signatures of at least ten percent (10%) of the qualified electors residing inthe district must be obtained by the method provided herein.

(c) A petition must be circulated within the district for signatures and then be submitted tothe Baldwin County Commission by a three (3) person committee comprised of qualifiedelectors residing within the proposed district boundaries. The committee members mustprovide any necessary contact information, including name and address, to the County

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Commission and Judge of Probate.

(d) A valid petition shall be in the following form: "The following qualified electors of(insert name of community) hereby petition the Baldwin County Commission to call for areferendum for the establishment of a Community Heritage District."

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(e) The petition shall contain the printed name, address and corresponding signature of eachpetitioner. Each signature shall be dated as of the day of its execution, the last signaturedated no later than one hundred eighty (180) days fiom the first signature.

(f) A petition which lacks the required number of signatures may be amended once if thecommittee files notice with the Probate Judge and the Baldwin County Commission toamend within 5 business days of receiving written notice of deficiency of petition fiomeither the Baldwin County Commission or Judge of Probate. The committee must file theamended petition within fourteen (14) days of the notice of a deficient petition. Theamended petition must follow the same requirements as the originally filed petition.

(g) The Baldwin County Commission and the Judge of Probate of Baldwin County shallcertify or reject the accuracy of the petition and provide written notice to the committeeof the status of said petition no later than 45 days of the submission of an original petitionor the submission of an amended petition by the committee.

(h) Once a petition has been filed with the Baldwin County Commission or the Judge ofProbate, no municipality shall annex within the boundaries of the proposed district untilthe original and/or amended petition has been rejected by the Baldwin CountyCommission and Judge of Probate or until an unsuccessful referendum occurs.

Article 5.Referendum.

(a) Upon certification of the original petition or amended petition, the Judge of Probate ofBaldwin County shall provide for an election within that district no later than 90 days

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after certification. All costs for the election shall be paid from the General Fund ofBaldwin County.

(b) The County Commission shall advertise the referendum in accordance with Article 10 (b)of this Amendment, with the question of the creation of the district shall be placed beforethe qualified electors in substantially the following form: "Should the (name of thedistrict and containing a legal description of the district) be created." The qualifiedelector shall vote "Yes" or 'Wo."

(c) If a majority of the qualified electors vote in the negative in the election, then the areashall not be designated as a Community Heritage District and the qualified electors of thedistrict shall not be eligible to petition for another election until one year from the date ofthe last election. If the majority of qualified electors vote in the affirmative, then the areashall be designated as a Community Heritage District.

Article 6. Advisory Council.

(a) Once a Community Heritage District has been formed, the Baldwin County Commissionshall appoint a three (3) person Advisory Council.

(b) Each person appointed must be a qualified elector residing within the communityboundaries. Terms of appointment shall be staggered. The initial terms of appointmentshall be:

Place 1 appointment shall hold a one (1) year term,Place 2 appointment shall hold a two (2) year term, and

104 Place 3 appointment shall hold a three (3) year term.

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From thence the terms shall be four (4) years. All Advisory Council members shall beappointed by the Baldwin County Commission and shall serve without compensation.

(c) In the event that a member of the Advisory Council becomes ineligible pursuant toArticle 6 (b) of this Amendment, the Baldwin County Commission shall appoint amember to fulfill the remaining term of appointment. The County Commission mayremove an Advisory Council member for cause upon written charges and after a publichearing.

(d) The role of the Advisory Council is advise the County Commission on issues which mayaffect the community. The Advisory Council may provide input on improvements andwork with County staff to develop such improvement plans. In addition, for those areaswhich have elected to come under the planning and zoning authority of the BaldwinCounty Commission, any zoning request, other than variances, within the community orwithin one (1) mile of the community boundaries, must be provided to the AdvisoryCouncil for comment. Advisory Council comments must be presented to the Planningand Zoning Commission and County Commission for consideration.

Article 7. Merger.

(a) If it is desired to combine two or more Community Heritage Districts into one (1) singlecommunity Heritage District, a majority of the Advisory Councils from each affecteddistrict shall make a written request to the County Commission of such action.

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(b) The County Commission shall provide public notice and hearing pursuant to Article 10(b) of this Amendment. A consolidation may occur upon a majority vote of the CountyCommission.

(c) Within sixty (60) days of such action, the County Commission shall appoint an AdvisoryCouncil for the District in the same manner found in Article 6 (b) of this Amendment.

(d) The new Advisory Council shall rename the district and transmit such information to theCounty Commission.

Article 8. Enlargement.

In order to enlarge the community boundary, a majority of the Advisory Council members of thecommunity must submit a written request to the County Commission, along with written consentfrom the affected property owner(s). Said request must clearly show the current communityboundary and areas which are requested to be included. Such request must also be consistentwith Article 3 of this Amendment regarding creation. No additional areas shall be included in thecommunity until a public notice is given in accordance with Article 10 (b) of this Amendmentand a public hearing is held before the County Commission. The County Commission mustapprove the enlargement with a majority vote.

Article 9. Dissolution.

(a) A Community Heritage District may be dissolved by following the proceduresestablished in Article 3,4 and 5 of this Amendment or by successful municipalincorporation.

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(b) If the district is only partially incorporated, the remainder of the unincorporated districtwill remain a Community Heritage District.

(c) A Community Heritage District may also be dissolved when annexed in accordance withAlabama law and Article 12 (c) of this Amendment by a municipality whose boundarieslie solely within the County, so long as the following requirements are met:

(1) The entire area of the Community Heritage District is proposed to be annexed.

(2) A majority of the Advisory Council assents to the annexation.

(3) A referendum on the annexation is held within the Community HeritageDistrict for all qualified electors residing in the district.

All costs for such an election shall be the responsibility of the municipality seekingannexation.

Article 10. Public Hearing and Advertisement.

(a) No action of enlargement, consolidation or dissolution of a district shall become effectiveuntil after a public hearing, in relation thereto, at which parties in interest, and citizens,shall have an opportunity to be heard.

(b) At least once fifteen (15) days prior, and once seven days (7) prior to any action ofenlargement, consolidation or dissolution of a district, an advertisement of no less thanone-fourth page shall give notice of the time, place and purpose of such a hearing. Anyadvertisement required by this section shall be placed in a newspaper of generalcirculation in the County.

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189 Article 13. Miscellaneous.

(a) A Community Heritage District shall have no other power or effect except as provided

herein.(b) No existing powers of the Baldwin County Commission will be nullified by the creation

of a Community Heritage District.

(c) The Legislature, by local law, may provide for the implementation and administration ofthe provisions of t h s amendment upon request of the Baldwin County Commission.

Section 2.An election upon the proposed amendment shall be held in accordance withAmendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of theOfficial Recompilation of the Constitution of Alabama of 1901, as amended, and the electionlaws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposedconstitutional amendment on the election ballot and shall set forth the following description ofthe substance or subject matter of the proposed constitutional amendment:"Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,to provide for the establishment and operation of community heritage districts in unincorporatedareas."Proposed by Act 11This description shall be followed by the following language:"Yes ( )No0."

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Legislative History: There is no legislative history; this is a proposed new Amendment to theConstitution of Alabama 1901.Purpose of Legislation: Currently, 5 of 14 Baldwin County municipalities issue building permitsoutside their corporate limits but inside their respective police jurisdiction. These municipalities are:Gulf Shores, Fairhope, Robertsdale, Bay Minette and Summerdale. Citizens inunincorporated areas,but also in the police jurisdiction of the 5 above noted municipalities, have to pay and obtain a buildingpermit from a municipal government when they are unable to participate in elections for the municipalofficials. Further, the exercise of municipal planning authority outside a municipality's corporatelimits can cause frustration with citizens seeking a governmental decision as to the establishment of asubdivision located within a municipality's existing planning jurisdiction. This proposed legislationwill 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.

A BILL

TO BE ENTITLEDAN ACT

To propose an amendment to the Constitution of Alabama of 1901, relating to BaldwinCounty, to provide that, notwithstanding any other law or agreement to the contrary, nomunicipality located wholly or partially within Baldwin County shall have or exercise anypolice, subdivision, zoning, land use, or planning jurisdiction beyond the corporate limits of themunicipality.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1.The following amendment to the Constitution of Alabama of 1901, is proposed andshall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENTNotwithstanding any other law or agreement to the contrary, no municipality located wholly orpartially within Baldwin County shall have or exercise any police, subdivision, zoning, land use,or danning: iurisdiction bevond the cornorate limits of the munici~alitv.

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Section2. An election upon the proposed amendment shall be held in accordance withAmendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of theOfficial Recompilation of the Constitution of Alabama of 1901, as amended, and the electionlaws of this state.Section 3. The appropriate election official shall assign a ballot number for the proposedconstitutional amendment on the election ballot and shall set forth the following description ofthe substance or subject matter of the proposed constitutional amendment:"Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,

to provide that, notwithstanding any other law or agreement to the contrary, no municipalitylocated wholly or partially withn Baldwin County shall have or exercise any police, subdivision,zoning, land use, or planning jurisdiction beyond the corporate limits of the municipality.""Proposed by Act !IThis description shall be followed by the following language:"Yes ( ) No ( )."

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Legislative History: There is no legislative history; this is a proposed new Amendment to theConstitution of Alabama 1901.Purpose of Legislation: A U.S. Supreme Court decision in April, 2007, opened the door for localgovernment flow control initiatives. Flow control provides that a public entity landfill may be the onlydesignated landfill whereby all refuse shall be deposited in that geographic jurisdiction. However, inorder for a public entity landfill to be designated as the only landfill to be used in said geographicjurisdiction, the landfill must be able to provide the general public services including composting,recycling and household hazardous waste collection. The Baldwin County Commission's MagnoliaLandfill provides the general public in Baldwin County the above mentioned services. This proposedlegislation would allow the Baldwin County Commission's Magnolia Landfill, a public entity landfill, tobe the designated and primary landfill in the county for the disposal of solid waste refuse.


AN ACT

To propose an amendment to the Constitution of Alabama of 1901, relating to BaldwinCounty, to provide that only county-owned solid waste landfills shall be used for the disposal ofsolid waste.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed andshall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENTIn Baldwin County, only county-owned solid waste landfills shall be used for the disposal ofsolid waste.Section 2. An election upon the proposed amendment shall be held in accordance withAmendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of theOfficial Recompilation of the Constitution of Alabama of 1901, as amended, and the electionlaws of this state.

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Section 3. The appropriate election official shall assign a ballot number for the proposedconstitutional amendment on the election ballot and shall set forth the following description ofthe substance or subject matter of the proposed constitutional amendment:"Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,to provide that only county-owned solid waste landfills shall be used for the disposal of solidwaste."Proposed by Act I!This description shall be followed by the following language:

"Yes ( ) No ( )."

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Legislative History: Adopted by Alabama Legislature during the 1991 Regular Session and amendedduring the 1993 Regular Session, 1998 Regular Session and 2006 Regular Session. Enacted as Act No.91 -71 9, as amended by Act No. 93-668, as amended by Act No. 98-665, as amended by Act No.2006-609.Codified at Section 45-2-26 1 through Section 45-2-26 1.18 of the Code of Alabama 1975.Purpose of Legislation: Act No. 91-719, as amended, is commonly referred to the "Baldwin CountyPlanning and Zoning Local Law." This local law provides, among other things, for the composition of theplanning and zoning commission. In 2006, when the Alabama Legislature adopted Act No. 2006-609 (themost current amendment to this local law), Act No. 2006-609 deleted explicit language providing for themaximum number of regular members and further deleted terms or length of office for regular members.Prior to the enactment of Act No. 2006-609 the planning and zoning commission was capped at amaximum of nine regular members (one of which could reside in a city) all of which served terms ofoffice at four years each. At this time, there are ten regular members of which three reside in municipalcorporate limits. This proposed legislation will provide that the planning and zoning commission have noless than five nor more than nine regular members of which one may reside in a municipality and all ofwhich must be registered voters; further providing that the term of office for a regular member be fouryears; and further providing clarification regarding temporary members.


AN ACTRelating to Baldwin County; to amend Section 45-2-261 O1 of the Code of Alabama

1975, to provide further for the members of the planning and zoning commission.

BE IT ENACTED BY THE LEGISLATUREOF ALABAMA:Section 1. Section45-2-261 .O1 of the Code of Alabama 1975, is amended to read as

follows:

"Appointment of Members and Personnel of the Baldwin County Planning and ZoningCommission. Commencing on the effective date of this act, the Planning Commission shall becomposed of no less than five nor more than nine remlar members. each of whom shall be aqualified elector in and an actual resident of Baldwin Countv. c&-#me per-

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n fG . ~ , a v - .f tha D th o o f f o . ~ , t ; ~m MV l l l W W l U L LlU I LIl" U l l U V L L "U

j%k-aekRewkm-sG n the P!zxxing C O B ! A:: C Y v ith heir ex* . . .. . . .the co7.rty Immm ~ f t h s)P!zmmg

. .- . _maximum of one (1) regular member of the Planning Commission mav be a qualified elector ofBaldwin County who resides in the corporate limits of a municipality in Baldwin County. Allre-gular members shall be appointed by the Baldwin County Commission for a term of four vears.Upon the affirmative vote of a majority of the qualified electors in a district election held

pursuant to 45-2-261.07, the membership of the Planning Commission shall be increased byappointment by the county commission of a qualified elector fiom that district for a temporaryone-time term of three years. In the event of any vacancy on the Planning Commission, suchvacancy shall be filled by appointment of the Baldwin County Commission. The BaldwinCounty Commission may remove any member for cause upon written charges and after a publichearing. All members shall serve without compensation, and no member shall be a county officeror employee; however, reasonable and necessary expenses of the members of the PlanningCommission shall be paid fiom the General Fund of Baldwin County."

Section 2. This act shall become effective on June 1,2010, following its passage andapproval by the Governor, or its otherwise becoming law.

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Legislative History: Adopted by Alabama Legislature during the 1995 Regular Session andamended during the 2005 Regular Session. Enacted as Act No. 95-58 1, as amended by Act No. 2005-159. Codified at Section 45-2-120.12 of the Code of Alabama 1975.Purpose of Legislation: Act No. 95-581, as amended by Act No. 2005-159, is commonly referred tothe "Baldwin County Personnel Merit System Local Law." Currently, this local law requires, amongother things, the 8 Baldwin County Commission appointed contract employees to be evaluated inwriting by the Baldwin County Commission on a semiannual basis. This proposed legislation willamend Act No. 95-58 1, as amended by Act No. 2005-1 59, to provide only for the annual writtenevaluation of the 8 Baldwin County Commission appointed contract employees.


AN ACT

Relating to Baldwin County; to amend Section 45-2-120.12 of the Code of Alabama1975, providing for the county personnel system, to further provide for the written evaluations ofappointed contract employees.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-2-120.12 of the Code of Alabama 1975, is amended to read as

follows:"One appointed employee position may be filled by the judge of probate which position shall bedesignated chief clerk. Two appointed employee positions may be filled by the RevenueCommissioner which positions shall be designated chief clerk of collections and chief appraiser.Three appointed employee positions may be filled by the sheriff which positions shall bedesignated chief deputy, chief jailer, and chief of the civil division. The following shall beappointed contract employees: County Administrator, Emergency Management Director,

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Juvenile Detention Director, Personnel Director, Building Official, ClerMTreasurer, CountyEngineer, and Development and Environmental Director. Each of the appointed contractemployees shall be employed under contract with the commission. Each contract shall include ata minimum the following provisions:"(1) A provision for termination and severance."(2) A job description for the position."(3) An annual%swmma4written evaluation to be reviewed with the employee and retained bythe commission in the employee's personnel file.

"(4) A provision that the contract will be nonbinding on the successor commission after eachfour-year election; however, the contracts must be cancelled or continued within 90 days of thesuccessor commission taking office."(5) A provision that any appointed contract employee employed by the county commission maynot be subject to any action to cancel or not to renew the contract or in any other manner dismissor terminate the contract employee except by a three-fourths vote of the elected members of thecounty commission."

Section 2. This act shall become effective immediately following its passage andapproval by the Governor, or its otherwise becoming law.

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Legislative History: Adopted by Alabama Legislature during the 2007 Regular Session. Enactedas Act No. 2007-377. Became law on September 1,2007. Codified at Section45-2-244.183 of theCode of Alabama 1975. Baldwin County Commission authorized rentalllease tax levy on September4,2007.Purpose of Legislation: Currently, 12.5%of (local Baldwin County) rentalllease tax proceeds areprovided each for capital outlay improvements at the Fort Morgan State Historic Site and HistoricBlakeley Authority. Tax proceeds are paid to the Alabama Historical Commission (for the FortMorgan State Historic Site) and Historic Blakeley Authority. This proposed legislation wouldamend Act No. 2007-377 to provide payment by the county of tax proceeds to the Fort MorganFoundation, Inc. (to benefit the Fort Morgan State Historic Site) and Historic Blakeley Authority; toprovide that any use of tax proceeds meet certain criteria; to provide for the manner of handlingunappropriated balances; and to provide for the return of prior payments to the county.


AN ACT

Relating to Baldwin County; to amend Section 45-2-244.1 83 of the Code of Alabama1975, to provide for appropriation to Fort Morgan Association, Inc. of the privilege or license taxproceeds, and the manner of appropriations to Fort Morgan Foundation, Inc. and HistoricBlakeley Authority.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-2-244.183 of the Code of Alabama 1975, is amended to read as

follows:"(a) The privilege license tax levied hereunder, except where otherwise provided, shall

be due and payable in monthly installments on or before the twentieth day of the month nextsucceeding the month in which the privilege license tax accrues. On or before such twentiethday, every person on whom the amounts levied hereunder are imposed shall render to the county,on a form or forms prescribed by the county commission or State Department of Revenue, a true

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and correct statement showing the gross proceeds of h s or her business for the next precedingmonth, the amount of gross proceeds which are not subject to the privilege license tax, or are notto be used as a measurement of the amounts due by such person and the nature thereof, togetherwith such other information as the county commission may require, and at the time of makingsuch monthly report such person shall compute the privilege license taxes due and shall pay theBaldwin County Commission the amounts shown to be due. All taxes of the county shall bedeposited into the general fund of the county treasury to be distributed as follows:

"(1) Seventy-five percent shall be distributed to the county general fund to be expended, asapproved by the Baldwin County Commission, for general purposes; however, and per fiscalyear from said foregoing distribution, the Baldwin County Commission shall appropriate$100,000 into a separate county fund to be used for the operation of the Baldwin CountyLegislative Office, established by Act 2000-275, including, but not limited to, office equipment,communication equipment, salary supplements for personnel of the legislative delegation office,

training, and official public travel for members of the Baldwin County Legislative Delegationand personnel of the legislative delegation office and other expenses deemed appropriate only bywritten direction provided the Baldwin County Commission by the members of the BaldwinCounty Legislative Delegation. Notwithstanding the foregoing, the expenses for official travelshall not exceed two thousand dollars $2,000 per member per year and shall be subject toperiodic audits by the Examiners of Public Accounts.

"(2) Twenty-five percent shall be distributed into a separate county fund to be appropriatedexpde& as approved by the Baldwin County Commission in a resolution spread upon itsminutesTfor capital proiects located on and for the benefit of the premises of e&la+k the Fort

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Morgan State Historic Site and Historic Blakeley Authority. In accordance with this subsection,approvriations for capital proiects located on and for the benefit of the premises of the FortMorgan State Historic Site shall be distributed4 o +he Fort Morgan Foundation. Inc. andappropriations for capital vroiects located on and for the benefit of the premises of the HistoricBlakeley Authority shall bemade distributed to the Historic Blakeley Authority, a public bodycorporate as created by Section 41-10-170 thou.& Section 41-10-182 of the Code of Alabama1975.E a c h entity rece:vqgi%mds. No later than October 1 of each year, beginning 201 0, FortMorgan Foundation, Inc. and the Historic Blakeley Authority, respectively, shall submit to the

county commission an annual a master plan for capital outlay. The county commission shalleither approve or disapprove the said master plans. The Baldwin County Commission~EXJ Wauthorize+he respective avpropriations divided equally between the two entitiesonly upon written request made by said entities to the county commission. and only at the suchtimes and in such amounts as necessary to fund capital proiects listed on a current master plan

. .avvroved by the county commission.- he r\~f ~ p e ~ z d i t w sU " L l l W w Any unavpropriated balance shall remain in the said se~arat eountycommission fund until such time as the county commission authorizes respective appropriations,and, krther. all appropriated proceeds which cannot be used for the approved proiect for which

appropriation was made shall be returned forthwith to the county commission. All funds whichwere appropriated or disbursed hereunder to the Historic Blakeley Authority and the AlabamaHistorical Commission prior to the effective date of th s Act as amended, and which remain inthe custody or control of said entities on the effective date of this Act as amended, shall be

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returned to the county commission forthwith. distributed into the separate fund establishedherein, and thereafter appropriated by the county commission in accordance with the terms ofthis subsection.

"(3) Privilege or license taxes collected and expended under authority of this act shall be auditedby the Examiners of Public Accounts.

"(b) If any person subject hereto should fail to render any report, return, statement, orform required hereby or should willfully make false statement of facts in the report, return,

statement, or form required hereunder, he or she shall upon conviction be punished by a fine ofnot more than five hundred dollars ($500) for each violation of any provision of this section."

Section 2. This act shall become effective immediately following its passage andapproval by the Governor, or its otherwise becoming law.

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Issue: Absentee voting processes are authorized by Alabama's general elections law. Absentee votingfor each election is administrated by an Absentee Election Manager as appointed by the Sheriff, CircuitClerk and Judge of Probate.For several elections the issue of absentee voting has caused some concern among citizens in places ofthe county where the Absentee Election Manager is not stationed. The primary concern voiced to theBaldwin County Commission is that since the Absentee Election Manager is in Bay Minette, it isdifficult for citizens in Central, South and the Eastern Shore areas of the county to be efficientlyprovided a means to absentee vote. For instance, citizens would come to the Fairhope or FoleyCourthouse and fill out an application for an absentee ballot and then hand it to a clerk but the clerkcould not give the citizen the absentee ballot to vote as the Absentee Election Manager is the onlyauthorized official allowed to provide the absentee ballot. The Baldwin County Commission asked foran Alabama Attorney General's Opinion (Opinion #2008-053; February 13, 2008) to see if the countycould provide multiple places or offices in the county where absentee election duties could beperformed and to see if the county could appoint other county personnel to perform all functions of theAbsentee Election Manager including the distribution and receipt of absentee ballot applications andballots. The Attorney General informed the county could not as to both.The Baldwin County Commission wishes to have a general discussion on the issue of absentee voting.

booklet (special work session)

Documents