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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

    - -

    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:

    - - .

    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

    ,

    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

    ,

    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:

    , ,

    9:00 a.m.

    Auditorium

    Robertsdale, Alabama