Meeting Type: BCC Regular Meeting
Meeting Date: 3/6/2019
Item Status: New
From: Ronald J. Cink, Budget Director
Submitted by: Tawanda Gulley, Administrative Support Specialist III
______________________________________________________________________
ITEM TITLE
Title
Baldwin County Commission District No. 1 Planning (Zoning) District Board of Adjustment (Greater North Baldwin County Area) - Board Appointments
Body
STAFF RECOMMENDATION
Recommendation
Related to the Baldwin County Commission District No. 1 Planning (Zoning) District Board of Adjustment (Greater North Baldwin County Area), take the following actions:
1) Reappoint Ms. Charmein K. Moser as a regular member (Planning District 4 designee), for a three (3) year term, said term continuing from October 17, 2018, and expiring on October 17, 2021; and
2) Reappoint Ms. Christine Sullivan as an alternate member to Ms. Charmein K. Moser (Planning District 4 designee), for a three (3) year term, said term continuing from October 17, 2018, and expiring on October 17, 2021; and
3) Appoint Ms. Nancy Mackey as a regular member (Planning District 4 designee), for a pro-rata reduced three (3) year term, to fill the place seat formerly held by Mr. Charles Bankester, said term commencing March 6, 2019, and expiring on October 17, 2021; and
4) Thank Mr. Charles Bankester for his former civic service as a regular member of the board (Planning District 4 designee).
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: Section 45-2-261 through Section 45-2-261.28 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)
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): Correspondence to:
Charmein K. Moser
7489 Blakeley Oaks Drive S
Spanish Fort, Alabama 36527
Christine Sullivan
7506 Bladeley Oaks Drive S
Spanish Fort, Alabama 36527
Nancy Mackey
9180 Dockens Lane
Bay Minette, Alabama 36507
Charles Bankester
P. O. Box 53
44260 State Highway 225
Bay Minette, Alabama 36507
Additional instructions/notes: N/A