Meeting Type: BCC Regular Meeting
Meeting Date: 3/5/2025
Item Status: New
From Anu Gary, Administrative Services Manager
Submitted by: Braylee Austin, Administrative Support Specialist IV
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ITEM TITLE
Title
Orange Beach Water, Sewer & Fire Protection Authority - Board Appointment(s)
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STAFF RECOMMENDATION
Recommendation
Related to the Orange Beach Water, Sewer & Fire Protection Authority, take the following actions:
1) Appoint Mr. Nathan H. Hancock for a pro-rata reduced six (6) year term to the Board of Directors, said term commencing on March 5, 2025, and expiring on March 1, 2031; and
2) Thank Mr. Jason B. Jackson for his prior civic service as a member of the Board of Directors.
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BACKGROUND INFORMATION
Background: Staff received a request from Jason Jackson, Chairman of the Orange Beach Water, Sewer and Fire Protection Authority on February 20, 2025, requesting the appointment of Nathan Hancock to the Board of Directors. Mr. Hancock was one of three individuals who signed up to run for the election for the position on the board; Mr. Hancock won the election with a total of 742 votes. Therefore, the Board recommends Mr. Hancock be appointed to the Board of Directors by the Commission.
GENERAL BACKGROUND - APPOINTMENT TO WATER, SEWER AND FIRE PROTECTION AUTHORITIES:
The Authority is a public corporation initially established, in 1968, pursuant to applicable Sections of the Code of Alabama 1958 Recompiled, and, currently, is statutorily governed pursuant to §11-88-1 et seq., Code of Alabama 1975; further, when established, in 1968, this Authority was composed of a three (3) member Board of Directors and, today, is composed of a five (5) member Board of Directors
appointed by the Commission to serve, respectively, terms of six (6) years each.
To provide information required to make this decision please note that there remains "required qualifications" set forth in §11-88-6 Code of Alabama 1975 for citizens to be appointed to the Authority. The "required qualifications" for nominees are that such persons:
1. Be a duly qualified elector (i.e. registered voter) in Baldwin County; and
2. Be a resident of that part of the service area of the Authority; and
3. Be an owner of real property in that part of the service area of the Authority; and
4. Cannot be an officer of the state, county or municipality during tenure of office.
Furthermore, on this Authority all regular appointments, and appointments to vacancies, are made by the Commission.
Lastly, there is a provision in §11-88-6 Code of Alabama 1975 which requires appointments/reappointments to be made no earlier than thirty (30) days prior to the date such appointment is to be effective [i.e. the Commission cannot make appointments/reappointments thirty-one (31) days or more in advance of the date on which a director is to take office].
The Board of Directors of the Authority has conducted non-binding elections, since (based on what staff can ascertain) beginning in the late 1980's, from among its membership (subscribers) to propose nominees to the Commission for vacant place-seats on the Board of Directors. Thereafter, the Commission may accept said nominations or can appoint pursuant to its discretion. The Authority proposes the Commission appoint the nominee who gains the most votes for each place-seat in each non-binding election.
Previous Commission action/date: 02/07/2023 - Last action by BCC on the board.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration staff to update the current board list and prepare correspondence to:
Appointment Letter:
Nathan H. Hancock
26223 Saint Lucia Drive
Orange Beach, Alabama 36561
Thank you Letter:
Jason B. Jackson
25627 Cotton Bayou Drive
Orange Beach, Alabama, 36561
Email Letters to: Temple Smith (tsmith@obwaterauthority.com), General Manager, for delivery to board members.
Additional instructions/notes: 1) Enter appointments/resignations in boards app, have verified; 2) Use board checklist to update contact information in boards app if applicable 3) Send notification email.