Meeting Type: BCC Regular Meeting
Meeting Date: 7/17/2018
Item Status: New
From: Vince Jackson, Planning Director
Submitted by: Vince Jackson, Planning Director
______________________________________________________________________
ITEM TITLE
Title
Baldwin County Planning and Zoning Commission - Removal of Member
Body
STAFF RECOMMENDATION
Recommendation
Take the following Actions:
1) Conduct a public hearing to consider the removal of a member for cause; and
2) Approve the removal of Cassie Boatwright from membership of the BCC Planning and Zoning Commission, effective July 17, 2018.
End
BACKGROUND INFORMATION
Previous Commission action/date: November 21, 2017
Background:
The Baldwin County Planning and Zoning Commission was created by Baldwin County Local Legislative Act, specifically Act No. 91-719 (1991), as amended by Act. No 93-668 (1993), as amended by Act No. 98-665 (1998), as amended by Act No. 2006-609 (2006), as amended by Act No. 2010-719 (2010). The aforementioned Alabama laws are codified at Section 45-2-261 through 45-2-261.18 of the Code of Alabama 1975.
Section 45-2-261.01 of the Code of Alabama 1975 provides that the Planning and Zoning Commission shall be composed as a board of nine (9) regular members and other temporary members appointed by the Baldwin County Commission. All regular members shall be qualified electors and actual residents of Baldwin County; one (1) and only one (1) regular member may be a qualified elector who resides in the corporate limits of a Baldwin County municipality. All regular members shall serve a term of four (4) years each except when filing a vacant place seat (which shall be for the balance of the unexpired term). All temporary members shall serve a one-time term of three (3) years each and represent, respectively and singularly, a new Planning (Zoning) district which elects to come within the planning and zoning authority of the Baldwin County Commission. A temporary member shall be a qualified elector from the new Planning (Zoning) District. In the event of any vacancy, such vacancy shall be filled by appointment of the Baldwin County Commission. In addition, the Baldwin County Commission may remove any member for cause upon written charges and after a public hearing.
All members of the Planning and Zoning Commission shall serve without compensation and no member shall be a county officer or employee.
Furthermore, Section 45-2-261.40 of the Code of Alabama 1975 authorizes the Baldwin County Commission to appoint real estate agents or other persons in the field of real estate to the Planning and Zoning Commission; however, such number shall not exceed three (3) members.
Cassie Boatwright was re-appointed to a four (4) year Planning Commission term on November 21, 2017, with the term set to expire on November 1, 2021. Since the date of re-appointment, Ms. Boatwright has missed five (5) Planning Commission meetings without explanation and without communication with the Planning and Zoning staff. This exceeds the maximum number of missed meetings allowed by the Planning Commission By-Laws. As a result, and with the agreement of the Planning and Zoning Commission Chairman, the Planning and Zoning staff recommends that Cassie Boatwright be removed as a member of the Baldwin County Planning and Zoning Commission. According to the previously discussed Section 45-2-261.01 of the Code of Alabama 1975, a public hearing is required in order to remove any member of the Planning Commission.
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 Office
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Send letter thanking Ms. Boatwright for her service to the following address:
Cassie Boatwright
9721 Smithfield Farms Road
Bay Minette, AL 36506
Additional instructions/notes: N/A