Meeting Type: BCC Regular Meeting
Meeting Date: 7/10/2018
Item Status: New
From: Ronald J. Cink, County Administrator and Linda Lee, Planner
Submitted by: Christel Carpenter, Administrative Support Specialist III
______________________________________________________________________
ITEM TITLE
Title
Baldwin County Commission District No. 2 Planning (Zoning) District Board of Adjustment (Greater Eastern Shore Baldwin County Area) - Board Appointments
Body
STAFF RECOMMENDATION
Recommendation
As relates to the Baldwin County Commission District No. 2 Planning (Zoning) District Board of Adjustment, take the following actions:
1. Reappoint Mr. Michael Cochran as a regular member (Planning District 28 Designee) for a pro-rata reduced three (3) year term, said term continuing from November 7, 2017, and expiring on November 7, 2020; and
2. Reappoint Mr. Blayne G. Pierce as a regular member (Planning District 10 Designee) for a three (3) year term, said term continuing from November 7, 2016, and expiring on November 7, 2019; and
3. Reappoint Mr. Gary D. E. Cowles as an alternate member (Planning District 26 Designee) for a pro-rata reduced three (3) year term, said term continuing from November 7, 2017, and expiring on November 7, 2020; and
4. Reappoint Norman E. Bragg as an alternate member (Planning District 28 Designee) for a pro-rata reduced three (3) year term, said term continuing from November 7, 2017, and expiring on November 7, 2020.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: Section 45-2-261 through Section 45-2-261.18 of the Code of Alabama 1975 (Baldwin County's enabling planning and zoning local legislation), sets forth, among other numerous things, the background on, and authority of, Board(s) of Adjustment. The last amendments to the aforementioned law were adopted by the Alabama Legislature through Act No. 2010-719 during the 2010 Regular Session of the Alabama Legislature. The appointment processes related to the Boards of Adjustment as set forth in the aforementioned Alabama law are as follows:
Establishment: "The Baldwin County Commission shall provide for the appointment of boards of adjustment ... [to,] ... in appropriate cases and subject to appropriate conditions and safeguards ... make special exceptions to the terms of the ordinances and regulations ..."
Number: Geographic Boundaries: "Four district boards of adjustment shall be appointed by the Baldwin County Commission with the same boundaries as the county commission districts as currently provided for by law ..."
Jurisdiction: "If a planning district is in more than one commission district, the board of adjustment for the planning district shall be the board of adjustment for the county commission district which contains the greatest part of the planning district."
Composition: "Each board of adjustment shall consist of not less than three and not more than the same number of regular members as the number of planning districts within the jurisdiction of a board of adjustment."
"The board of adjustment for each county commission district shall be composed of at least one member from each planning district and shall reflect as nearly as practical the diversity of land use in the commission district."
Qualifications: "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 a directly related field."
Terms of Office: (Regular Members) "Each regular member shall be appointed for a term of three years in such manner to serve staggered terms. A regular member shall continue service until a successor is duly appointed."
(Alternate Members) "In addition to the regular members provided for in this section, one alternate member for each regular member shall be appointed to serve on each board of adjustment only in the absence of the regular member for the place for which he or she was appointed an alternate and while serving shall have and exercise authority of a regular member. The alternate member shall have the same qualifications as a regular member and shall serve for a term concurrent with the regular member for the district."
Removal: "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: "Vacancies shall be filled for the unexpired term of any member whose term becomes vacant."
Initial Appointment: "The initial appointment of members of boards of adjustment and the alternates provided by Act 2006-609 shall be from nominations by the boards of adjustment of the local planning districts on April 26, 2006."
This requirement only applies to the initial appointment of the boards of adjustment. After the terms expire, the Baldwin County Commission may appoint persons meeting the appropriate qualifications (Staff note).
BACKGROUND ON BALDWIN COUNTY COMMISSION DISTRICT NO. 2 PLANNING (ZONING) DISTRICTS BOARD OF ADJUSTMENT [GREATER EASTERN SHORE BALDWIN COUNTY AREA]:
This recommendation relates to the "Baldwin County Commission District No. 2 Planning (Zoning) Districts Board of Adjustment."
The Jurisdiction of this board of adjustment includes the following Planning (Zoning) Districts: 10, 14, 15, 16, 17, 26 and 28. However, of this number of Planning (Zoning) Districts and at this time, only the following are active "zoned" Districts [which total five (5) in number]: Planning (Zoning) District No. 10, 15, 16, 26 and 28. The Composition of this board of adjustment is five (5) Regular Members and five (5) Alternate Members. The purpose in this number is that there are a total of five (5) "zoned" Districts within the jurisdiction of this board of adjustment. Each of the five (5) Regular Members and each of the five (5) Alternate Members will be representative of each of the five (5) "zoned" Districts within the jurisdiction of the board of adjustment and all ten (10) Regular and Alternate Members shall be qualified electors. Furthermore, while the board of adjustment will be composed of a total of ten (10) Regular and Alternate Members there shall be no more the 1 of the 10 total members (either Regular Members or Alternate Members) who are directly engaged in real estate sales, development, or construction or an directly related field [at this time, no member on this board of adjustment is directly engaged in real estate sales, development, or construction or an directly related field].
This board of adjustment was initially composed as authorized by the Baldwin County Commission during their November 7, 2006, regular meeting, which caused, at that time, several place-seats to be staggered and for periods of terms of office of less than three (3) years; however, subsequent re-appointments/appointments were made for three (3) year terms each.
BACKGROUND ON PROPOSED APPOINTMENT:
Staff has verified that the nominees are 1) qualified electors (i.e. registered voters) within the territory of the respective Board of Adjustment No. 2 as found within the respective districts, which is within the jurisdiction of this Board of Adjustment and 2) the nominees are not directly engaged in real estate sales, development, or construction or a directly related field. Therefore, staff confirms the nominees meet the applicable requirements to be considered for appointments.
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): Update Board List. Mark Carl Tobert’s (Planning District 26 Designee) seat vacant.
Correspondence to:
Mr. Michael Cochran
206 Black Oak Way
Daphne, Alabama 36526
Mr. Blayne G. Pierce
3 Armadillo Run
Spanish Fort, Alabama 36527
Mr. Gary D. E. Cowles
12593 County Road 1
Fairhope, Alabama 36532
Norman E. Bragg
210 Black Oak Way
Daphne, Alabama 36526
CC: Vince Jackson
Linda Lee
Additional instructions/notes: N/A