Meeting Type: BCC Regular Meeting
Meeting Date: 1/7/2025
Item Status: New
From: Jay Dickson, Planning Director
Submitted by: Brittany Epling, Planning Technician II
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ITEM TITLE
Title
Baldwin County Commission Board of Adjustment #2 - Board Appointment
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STAFF RECOMMENDATION
Recommendation
Related to the Baldwin County Commission Board of Adjustment #2, appoint Mr. Samuel (Sammy) Swindle, Jr., as a regular member (Planning District 24) for a three (3) year term, with said term commencing January 8, 2024, and expiring January 8, 2027.
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BACKGROUND INFORMATION
Background: Mr. Samuel (Sammy) Swindle, Jr. has been serving as an alternate member of the Board of Adjustment #2 since December 20, 2023. He formerly served one term (four years) for the Tuscaloosa County Commission, twenty-six (26) years as Chairman for the Tuscaloosa County Solid Waste Disposal Authority, is the current Chair for the Ono Island Property Owners Association, and is retired as the CFO for a property management company. Planning staff has verified that this appointment meets the qualifications to be appointed to the Baldwin County Commission Board of Adjustment #2.
On May 8, 2020, an amendment (Act #2020-177) to the Baldwin County Planning and Zoning statutes was adopted pertaining to the Boards of Adjustment. The Code Section in question is Alabama Code Title 45, Local Laws Section 45-2-261.10. As approved, the amendment reduced the number of Boards of Adjustment from four (4) to two (2). The appointment processes related to the Boards of Adjustment as set forth in the aforementioned in question is Alabama Code Title 45, Local Laws Section 45-2-261.10. As approved, the amendment reduced the number of Boards of Adjustment from four (4) to two (2).
The appointment processes related to the Boards of Adjustment as set forth in the aforementioned Alabama law are as follows:
Establishment: The Baldwin Couty Commission shall appoint two boards of adjustment, and the regulations and ordinances adopted pursuant to the authority of this subpart shall provide that the boards of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of the ordinances and regulations in harmony with their general purposes and interests and in accordance with general or specific rules therein contained.
Geographic boundaries: Board of Adjustment Number one shall serve western, central, and northern Baldwin County and shall include Planning Districts 4, 10, 12, 15, 16, 26, 28, 31, 37, and 39. Board of Adjustment Number Two shall serve southern Baldwin County and shall include Planning Districts 20, 21, 22, 23, 24, 25, 29, 30, 32, 33, and 35. If the majority of qualified electors voting in an election in a territory that is not in a planning district on August 1, 2020, vote to come within the planning and zoning authority and jurisdiction of the Baldwin County Commission in accordance with Section 45-2-261.07, the new planning district shall be under the jurisdiction of the board of adjustment with the closest geographic relationship. Each board of adjustment shall consist of one regular member from each planning district. Each member of a board of adjustment shall be a qualified elector of a planning district within the territory of the respective board of adjustment. Not more than one member of a board of adjustment shall be directly engaged in real estate sales, development, or construction or any directly related field. Each regular member shall be appointed for a term of three years in such a manner to serve staggered terms. A regular member shall continue service until a successor is duly appointed. The members of each board of adjustment shall elect a chair.
Composition: In addition to the regular members provided for in this section, the Baldwin County Commission shall appoint alternate members to serve on each board of adjustment. The number of alternate members on each board of adjustment shall be not less than two nor more than the number of regular members on each board. Alternate members may serve in the absence of any regular member and while serving he or she shall have and exercise the authority of a regular member. The alternate member shall have the same qualifications as a regular member and shall be appointed for three terms.
Qualifications: Members of each board of adjustment may be removed for cause by the Baldwin County Commission upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each board of adjustment shall adopt bylaws in accordance with any ordinance or regulation adopted pursuant to this subpart. Meetings of each board of adjustment shall be held at the call of the chair of the board and at such other times as each board may determine, provided that no board of adjustment shall meet less than once every three months on a day to be determined by the board. The chair or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the boards of adjustment shall be open to the public. Each board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and of other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
Previous Commission action/date: 04/02/2024 - Last BCC BOA #2 Board Appointment.
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: Commission Administration Staff
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration send correspondence as follows:
Appointment letter to:
Mr. Samuel (Sammy) Swindle, Jr.
33087 Marlin Key Road
Orange Beach, Alabama 36561
cc: Jay Dickson
Brittany Epling
Additional instructions/notes: Administration: 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. dministration - Update board list and upload to BCAP. Send notification email.