Meeting Type: BCC Regular Meeting
Meeting Date: 11/5/2019
Item Status: New
From: Wayne Dyess, County Administrator
Submitted by: Keri Green, Administrative Support Specialist
______________________________________________________________________
ITEM TITLE
Title
East Central Baldwin County Water, Sewer and Fire Protection Authority - Board Appointment(s)
Body
STAFF RECOMMENDATION
Recommendation
As relates to the East Central Baldwin County Water, Sewer and Fire Protection Authority, take the following actions:
1) Accept the resignation of Mr. Wayne Kelpen (July 19, 2019) and thank him for his prior civic service as a member of the Board; and
2) Appoint Mr. Frank (Rick) Hale as a member of the Board to the place seat formerly held by Mr. Wayne Kelpen (Place Seat #5) for a pro-rata reduced six (6) year term, said term commencing on November 5, 2019, and expiring on March 1, 2025.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: The East Central Baldwin County Water, Sewer and Fire Protection Authority (Authority) is a public corporation initially established in 1987, pursuant to, and is statutorily governed by §11-22-1, et seq., Code of Alabama 1975; further, when established, in 1987, this Authority changed its name to the "East Central Baldwin County Water and Fire Protection Authority" and in 2008 the Authority, again, changed its name to "East Central Baldwin County Water, Sewer and Fire Protection Authority." On its initial inception, the Authority was composed as a three (3) member Board of Directors and, today, by actions taken by the Authority in the late 1990's and in 2004, is composed of a five (5) member Board of Directors appointed by the Commission to serve, respectively, terms of six (6) years each.
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" are for nominees to:
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.
Staff has verified that the nominee meets the above requirements. Furthermore, on this Authority, all regular appointments, and appointments to vacancies, are made by the County Commission.
Lastly, there is a provision in §11-88-6 Code of Alabama 1975 which requires appointments to be made no earlier than thirty (30) days prior to the date such appointment is to be effective [i.e. the County Commission can't make appointments thirty-one (31) days or more in advance to an expiring Board Member's term]. These appointments are compliant to said law.
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: N/A
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Administration - Send correspondence:
Send appointment letter to:
Mr. Frank (Rick) Hale
26259 County Road 71
Robertsdale, Alabama 36567
Send thank you letter to:
Mr. Wayne Kelpen
21881 Peacock Land
Robertsdale, Alabama 36567
Copy:
Carl Davis, Chairman
22844 County Road 87
Robertsdale, Alabama 36567
Additional instructions/notes: N/A