BALDWIN COUNTY COMMISSION

SPECIAL WORK SESSION

[with Baldwin County Legislative Delegation, Mayors of Baldwin County and Waste Water
Utility Providers in Baldwin County]

WEDNESDAY, SEPTEMBER 23,2009

9:00 a.m.

Auditorium
Baldwin County Central Annex
22251 Palmer Street
Robertsdale, Alabama

Welcome: Vice Chairman Charles F. Gruber

Invocation

Pledge of Allegiance

Discussion of County Legislative Issues

Update of County Road 83 Project (I-10 to 1-65)

Public Comment

Public Official's Comments

Press Questions

Adjournment
Legislative History: Constitutional Amendment No. 78 1, as amended by Constitutional
Amendment No. 810, authorize the Alabama Legislature to enact a general or local law
regulating wastewater utilities in Baldwin County. The amendments were, respectively,
approved by the voters in 2006 and again in 2008. To date, the Alabama Legislature has not
enacted general or local legislation regulating wastewater utilities in Baldwin County.

Purpose of Legislation: Attached is House Bill 912 of the 2007 Regular Session of the
Alabama Legislature. This bill appears to be the most recent attempt by the Baldwin County
Legislative Delegation to enact a local law which would regulate wastewater utilities in Baldwin
County. During the 2007 Regular Session, House Bill 912 passed the Alabama House of
Representatives but died in Local Legislation Committee No. 1 in the Alabama State Senate.

1
1 HB912
2 86102-2
3 By Representatives McMillan, Davis, Faust, Baker (A) and
4 Shiver (N & P)
5 RFD: Baldwin County Legislation
6 First Read: 15-MAY-07

2
 A BILL
TO BE ENTITLED

AN ACT

Relating to Baldwin County; to grant certain powers

to the Baldwin County Commission for the purpose of regulating
the placement, construction, operation, and maintenance of
wastewater systems and the rates charged for connection,
collection, and treatment services provided by wastewater
utilities within the unincorporated areas of Baldwin County in
order to protect public health, welfare, and environment; to
allow the Baldwin County Commission to establish minimum
standards for construction, operation, and maintenance of
certain wastewater systems operating within the unincorporated
areas of Baldwin County; to provide for the establishment of
reasonable and just rates for connection, collection, and
treatment services; to require wastewater utilities to enter
into a service agreement with the county commission; to
provide penalties for violations; to provide for a technical

3
advisory committee to advise the Baldwin County Commission; to
provide for a tax on gross receipts of connection, collection,
and treatment revenues; and to provide for the distribution of
monies collected.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For purposes of this act, the following
words have the following meanings:
(1) SERVICED FACILITY. Any improvement, whether
residential, commercial or industrial, which is connected to
and serviced by a wastewater system as defined herein.
(2) WASTEWATER SYSTEM. A system of pipes, lines,

meters, pumps, equipment and facilities, all or part of which

are located in the unincorporated areas of Baldwin County and
which are owned or operated by a wastewater utility, as
defined herein, for the collection, treatment, and disposal of
wastewater from homes, schools, businesses, and other entities
in which solids, sewerage, nonhydrocarbon greases, and oils
are collected for treatment or where wastewater is collected
for disposal. Individual septic tank systems, decentralized or
cluster facilities as defined in Act 2001-973, and all
portable toilets are expressly excluded from the definition of
the term "wastewater system."
( 3 ) WASTEWATER UTILITY. The owner or operating

entity of a wastewater system, whether privately owned or

publicly owned, including those portions of privately owned
wastewater systems, municipally owned wastewater systems, and
wastewater systems owned by or through boards or other

4
entities established by municipal corporations or as otherwise
provided by state law.
(4) WASTEWATER. Solids, sewerage, nonhydrocarbon
greases, and oils.
Section 2. (a) The Baldwin County Commission,
hereinafter referred to as the "county commission," may
establish uniform minimum standards for the design, placement,
construction, operation, and maintenance of wastewater systems
including, but not limited to, individual components thereof,
and may establish reasonable and just rates chargeable to
consumers and enter into service agreements with each
wastewater utility providing collection, treatment, and
disposal services within the unincorporated areas of Baldwin
County subject to this act. The county commission shall have
jurisdiction over all wastewater utilities which own or
operate wastewater systems within the unincorporated areas of
Baldwin County, and only to the extent that the wastewater
systems, or parts thereof, lie within the unincorporated areas
of Baldwin County. Notwithstanding any provision of state law
to the contrary, the county commission is vested with
jurisdiction over the design, placement, construction,
operation, and maintenance of all wastewater systems within
the unincorporated areas of Baldwin County. The rules,
regulations, construction standards, and specifications
adopted by the county commission shall be applied equally and
on a nondiscriminatory basis to all wastewater systems and
wastewater utilities within all unincorporated areas of the

5
county. Notwithstanding the foregoing, those wastewater
utilities which are publicly owned by municipalities or other
public corporations established in accordance with state law
shall be exempt from Section 4 of this act except as expressly
provided therein.
(b) The county commission shall have the sole

authority to determine and regulate the location of all pipes,

lines, routes, meters, pumps, equipment, stations, or other
facilities of wastewater systems or wastewater utilities,
which systems or utilities are situated inside the
extraterritorial planning jurisdictions of municipalities, in
compliance with the more stringent of the standards of the
respective municipality or of the county commission, with the
county commission vested with the sole authority to determine
which standards are more stringent.
Section 3. The county commission shall perform all
of the following in the exercise of its authority granted
hereunder:
(1) Establish uniform minimum standards and
specifications for the design, placement, construction,
operation, and maintenance of wastewater systems within all
unincorporated areas of Baldwin County.
(2) Enter into service agreements with each
wastewater utility authorizing the utility to provide
wastewater collection, treatment, and disposal in accordance
with this act and with those requirements established by the
county as provided herein.

6
 (3) Approve reasonable and just rates for
connection, collection, treatment, and disposal services in
accordance with Section 4 hereof and approve requests by
wastewater utilities for adjustments to their rates to conform
with the provisions of Section 4 hereof, and when in agreement
with such requests, approve the same.
(4) Hold public hearings prior to making a
determination regarding rate adjustments in accordance with
procedures adopted by the county commission.
(5) As may be reasonable or necessary, enter into
contracts with private accounting firms, independent
consultants or with other state agencies or commissions,
including the Public Service Commission, for rate reviews,
technical issues, and related services, including contract
services for establishing reasonable and just rates as set out
in Section 4 hereof.
(6) Establish procedures for the relinquishment of
regulatory jurisdiction by the county commission over those
portions of a wastewater system located in an area which is
annexed by a municipality.
(7) Establish procedures and provide staff,
equipment, and other support for the implementation,
administration, and enforcement of the provisions of this act.
(8) Establish procedures to address consumer
complaints.
(9) Establish procedures in coordination with
appropriate county, state, and federal entities for the

7
uniform reporting of information concerning any spills
affecting any public waters or lands.
Section 4. (a) The rates and charges for the
connection, collection, and treatment services in the
unincorporated area of the county shall be reasonable and just
to both the wastewater utilities and the consumers. The rates
and charges for municipal systems shall not be regulated, but
rates and charges for municipal customers outside of the
corporate limits of a municipality may not be more than 20
percent higher than the rates and charges for municipal
customers within the corporate limits of the municipality
unless mandated by federal or state requirements. In
compliance with that maximum 20 percent limit, customers of
municipal systems may be charged higher rates and charges for
new facilities and lines. Every wastewater utility shall be
entitled to just and reasonable connection, collection, and
disposal treatment rates which will enable it at all times to
fully perform its duties to the public and will, under honest,
efficient, and economical management, earn a fair net return
on the reasonable value of the wastewater utility's property
devoted to the services provided, including, but not limited
to, its wastewater system's collection, treatment, and
disposal. For the purpose of fixing connection, collection,
treatment, and disposal rates, the county commission shall
utilize the methodologies of the Public Service Commission in
regulating other utilities. In any determination by the county
commission as to what constitutes a fair rate of return, the

8
county commission shall give primary consideration to the
average rates of return allowed by the Public Service
Commission for other utilities. Further consideration shall be
given to, among other things, the present and future
requirements of the wastewater utility with respect to the
wastewater system under consideration, and the necessity,
under honest, efficient and economical management of the
wastewater utility, of the enlargement or alteration of
treatment plants, facilities and equipment of the wastewater
utility under consideration in order to provide the public
served thereby with adequate, safe, and environmentally sound
service and to ensure the continued stability and ability to
perform the services provided, all generally in accordance
with the methodologies and practices of the Public Service
Commission in regulating other utilities.
(b) In furtherance of this section, each wastewater
utility providing service within the unincorporated areas of
the county shall provide to the county, or its agents as
defined in Section 3 ( 5 ) of this act, any financial
information, including, but not limited to, short and
long-term income, assets, and liabilities or any other
information relevant to determining the financial stability of
the wastewater utility and its ability to perform its intended
service continuously over the long term or the term of the
service agreement. All such information shall be kept
confidential and published only to those officials who need to

9
know the information for the purposes of carrying out this
act.
(c) To ensure the continued performance and
compliance with the terms of this act and the regulations
adopted pursuant hereto, each wastewater utility except a
municipal wastewater utility providing service within the
unincorporated areas of the county shall furnish to the county
an acceptable form of surety to transition and continue
operation and maintenance of the system for a period of one
year should the wastewater utility cease to exist or fail to
fulfill its obligations to the customers served.
Section 5. (a) Each wastewater utility providing
wastewater collection or treatment and disposal services
within the unincorporated areas of the county shall enter into
a non-exclusive service agreement with the county commission.
The purpose of the service agreement shall be to create a
binding contract that implements this act and to convey those
rights and privileges necessary to ensure continuous and
reliable services to all customers.
(b) It shall be a Class C misdemeanor to willfully
operate a wastewater system or utility, or otherwise to
provide wastewater collection, treatment, or disposal services
in Baldwin County contrary to the provisions of this act.
(c) Service agreements may not be assigned or
transferred without written approval of the county commission,
which approval shall not be unreasonably withheld.

10
 (d) Each application for a service agreement, or any
amendment thereto, shall be accompanied by a fee which shall
be established by the county commission.
Section 6. There is created the Baldwin County
Utility Technical Advisory Committee, hereinafter referred to
as the "technical advisory committee," which shall advise the
county commission on the development of minimum engineering
and construction standards for wastewater systems within the
unincorporated areas of Baldwin County, including standards
for construction of gravity, low-pressure, or other types of
collection systems. The technical advisory committee shall be
appointed by the county commission, except as provided herein,
and shall consist of seven voting members as follows: The
County Engineer, the County Planning Department Engineer, the
Administrator of the County Health Department, or their
respective designees; a representative from the Alabama
Department of Environmental Management; a registered
professional engineer with sanitary engineering experience;
one member who is an employee from a municipal utility system
within Baldwin County and one member who is a member of the
Baldwin County Mayors1 Association, or their designees, with
both members being appointed by the Baldwin County Mayors'
Association. The members shall serve for a term of 3 years and
shall be eligible for reappointment at the discretion of the
county commission. The county commission shall have the
authority to remove a member in accordance with procedures
adopted by the county commission. All meetings of the

11
technical advisory committee shall be open to the public and
notice of any meeting shall be given not less than 10 days
before the meeting, except in cases of emergencies when
reasonable notice shall be given to the public. The technical

advisory committee may be compensated in a manner and to the

extent provided by the county commission.
Section 7. The county commission shall adopt uniform
minimum standards and specifications for the construction and
maintenance of wastewater systems within the unincorporated
areas of Baldwin County to ensure protection of public health,
welfare, and the environment. For purposes of systems or
utilities which are situated inside the extraterritorial
planning jurisdictions of municipalities, the county
commission shall adopt the more stringent of the standards of
the respective municipality or of the county commission as to
the respective system or utility, with the county commission
vested with the sole authority to determine which standards
are more stringent.
In performing its responsibility, the county
commission shall encourage compatibility in the construction
of wastewater systems, taking into account engineering
feasibility and economy of operation to consumers and the
wastewater utility. The design and construction of the
wastewater system, whether gravity, low-pressure, or any other
type of system for the collection and transmission of
wastewater using generally accepted engineering principles,
shall be determined by the wastewater utility, subject to the

12
approval of the county commission and provided the design and
construction is performed in accordance with the minimum
standards adopted by the county commission. The approval or
denial of a utility's design and construction shall be based
upon the minimum standards. The county commission may
condition the approval of a utility's design and construction
on specified technical changes to a submitted design.

After at least two public hearings, the county

commission shall adopt uniform minimum standards,
specifications, rules, and regulations, or amendments thereto,
as it deems appropriate based on the recommendations submitted
by the technical advisory committee and in compliance with
this act. The county commission may modify, expand, or
supplement the recommendations of the technical advisory
committee, subject to the provisions of this act. Notice of
the public hearings regarding the adoption of uniform minimum
standards, and any proposed amendments thereto, shall be
published in a newspaper of general circulation in Baldwin
County once a week for two consecutive weeks. The first
publication shall appear at least 20 days prior to the date of
the first scheduled public hearing. The notice of the public
hearings shall state that a copy of the proposed uniform
minimum standards, specifications, rules, and regulations, or
proposed amendments thereto, shall be available for inspection
and copying at the offices of the Baldwin County Commission,
including all satellite offices.

13
 The uniform minimum standards and specifications
adopted by the county commission shall include at least all of
the following: (a) The requirement for submission of plans and
specifications, sealed by a professional engineer registered
in the State of Alabama, of a proposed extension or
construction of a wastewater system within the unincorporated
area of Baldwin County prior to the issuance of any permits;
(b) The requirement for as-built drawings of the construction,
sealed by a professional engineer registered in the State of
Alabama; (c) Capacity assurances for treatment and collection
facilities reflecting demands on wastewater systems as a
result of services presently being provided and service
commitments already made, but not currently served; and (d) An
operations and maintenance plan for the wastewater system,
including a plan for handling emergencies.
Section 8. Those portions of existing wastewater
systems installed or permitted prior to the effective date of
this act and prior to the adoption of uniform minimum
standards and specifications by the county commission are
exempt from the uniform minimum standards and specifications
for the construction of wastewater systems to be adopted by
the county commission pursuant to Section 7. Notwithstanding
the foregoing, the county commission may direct modifications
to the systems which will enhance the operation or service to
the general public. In the event an existing wastewater system
is replaced or expanded after the adoption of the uniform
minimum standards and specifications, those portions to be

14
replaced or expanded shall then meet the requirements of a new
wastewater system as set forth in the adopted minimum
standards and specifications to the extent the requirements do
not materially adversely affect the operation of the remaining
portions of the existing wastewater system.
Section 9. For the use of the public rights-of-way
by wastewater utilities within the unincorporated areas of the
county, the county commission may levy a tax upon wastewater
utilities in an amount not to exceed five percent of the gross
receipts from connection, collection, and treatment revenues
collected from customers whose serviced facility is located
within the unincorporated areas of Baldwin County. Each
wastewater utility subject to this act may surcharge its
customers whose serviced facility is located within the
unincorporated areas of Baldwin County for the amount of any
taxes, and the surcharges shall not be considered as gross
receipts of any wastewater utility for the purpose of
determining the amount of the tax. All taxes collected
pursuant to this section shall be used solely for the
operation and implementation of the county commission's
oversight in accordance with the terms of this act. Annual
budgets for the technical advisory committee shall be
appropriated by the county commission.
Section 10. For the purposes of this act, the power
of eminent domain may be exercised only by the county. The
county may permit a wastewater utility to use its property,
easements, or rights-of-way for the purposes of this act.

15
 Section 11. It is the intent of the Legislature to
ensure the maximum level of service possible and to ensure
protection of the public health, welfare, and the environment
and the viability of wastewater utilities subject to
regulation hereunder. The county commission may require
mandatory connection to wastewater systems where service is
reasonably available and where it is established that it is in
the best interest of protecting public health, welfare, and
the environment. In the event two or more lawful wastewater
systems border the property to be served or are reasonably
available to a property which is otherwise required to connect
to a wastewater system pursuant to the terms of this act, and
further where the wastewater utilities have the current
uncommitted capacity to provide service, a property owner who
is required to connect to a wastewater system pursuant to this
act may choose the wastewater system to which the property
shall be connected, and the property owner may modify that
choice from time to time.
Section 12. Anyone aggrieved by any judgment,
action, or decision of any agency, employee, officer, or
representative charged by the county commission with
responsibility for administering the terms of this act or the
minimum standards and specifications adopted hereunder, within
60 days from the date of the judgment, action, or decision,

may appeal therefrom to the county commission by filing a

written notice of appeal with the chair or presiding officer
of the county commission, specifying the judgment, action, or

16
decision from which the appeal is taken. In the case of an
appeal, the county commission shall within 60 days from the
filing of the appeal either affirm the decision of the agency,
employee, officer, or representative or reverse the decision,
in whole or in part, and render the decision as the county
commission deems appropriate. Anyone aggrieved by any
judgment, action, or decision of the county commission made
pursuant to this act may, within 60 days from the date of the
judgment, action, or decision, appeal therefrom to the Circuit
Court of Baldwin County by filing with the court and the chair
or presiding officer of the county commission a written appeal
specifying the judgment, action, or decision from which the
appeal is taken along with the specific grounds therefor. Upon
the filing of the appeal, the county commission shall cause a
record of the proceedings in the matter to be certified to the
Circuit Court. The case shall proceed in Circuit Court
pursuant to the Alabama Rules of Civil Procedure, and the
action in the court shall be tried de novo. Except as
otherwise provided by law, the actions shall have priority
over other civil actions. The non-prevailing party shall be
responsible for all costs of the appeal.
Section 13. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.

17
Legislative History: There is no legislative history; this is a proposed new Amendment to the
Constitution of Alabama 1901.

Purpose of Legislation: This proposed legislation will allow for the establishment and operation of
Community Heritage Districts in unincorporated areas to preserve and maintain an unincorporated
community's quality of life, character, identity and independence so that the area's residents and
businesses may rely on the logical growth of local government affecting them, or to allow the
community's incorporation if desired. A Community Heritage District will allow the area comprising
said District to remain independent and autonomous from municipal government and would firther limit
municipal extraterritorialpowers and annexation within the District.

A BILL

TO BE ENTITLED

AN ACT

To propose an amendment to the Constitution of Alabama of 1901, relating to Baldwin

County, to provide for the establishment and operation of community heritage districts in

unincorporated areas.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and

shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

Article 1. Purpose of Community Heritage District.

The legislature finds that there is a need to provide methods and procedures to create and

recognize areas where unincorporated communities exist. These Community Heritage Districts

may include areas where these settlements have been traditionally recognized, or they may

18
 include areas of new development. Many of these communities wish to stay independent and

autonomous from municipal government and the establishment of a Community Heritage

District would limit the municipal extraterritorial powers and annexation. Further, these

procedures may also provide a precursor to the incorporation of the Community Heritage District

if the affected area so desires.

Article 2. Definition.

A Community Heritage District is a method of preserving and maintaining an unincorporated

community's quality of life, character, identity and independence so that the area's residents and

businesses may rely on the logical growth of local government affecting them, or to allow the

community's incorporation if desired. For the purposes of t h s definition, "community" shall be

defined as: A locality in which a body of people resides in more or less proximity having

coii~~noii
interests which bind together the people of the area, aid where the people are

acquainted and mingled in business, social or recreational activities. It often incorporates

development in a more compact form that might otherwise occur in scattered clusters. A

community typically has a recognizable center, discrete physical boundaries, and a pedestrian

scale and orientation. This term does not refer to the form of incorporation of a municipality.

Article 3. Boundaries Established

The boundaries of a proposed Comrnunity Heritage District must be clearly designated and

declared and must meet the following criteria:

(a) The area encompassed must be contiguous.

44 (b) The proposed district must include at least 100 persons.

19
45 (c) Area must form a homogeneous settlement or community.

(d) The area encompassed cannot include any areas within the corporate limits of any of

Baldwin County's municipalities.

Article 4. Petition

(a) The petition shall be accompanied by an accurate map which shall show the boundary of

the area proposed to be encompassed within the district.

(b) No Community Heritage District shall be established until a majority of qualified electors

of the affected area voting in an election shall have voted their desire to create a

Community Heritage District. In order to call for a referendum in the district, a petition

containing the signatures of at least ten percent (10%) of the qualified electors residing in

the district must be obtained by the method provided herein.

(c) A petition must be circulated within the district for signatures and then be submitted to

the Baldwin County Commission by a three (3) person committee comprised of qualified

electors residing within the proposed district boundaries. The committee members must

provide any necessary contact information, including name and address, to the County 9

Commission and Judge of Probate.

(d) A valid petition shall be in the following form: "The following qualified electors of

(insert name of community) hereby petition the Baldwin County Commission to call for a

referendum for the establishment of a Community Heritage District."

20
 (e) The petition shall contain the printed name, address and corresponding signature of each

petitioner. Each signature shall be dated as of the day of its execution, the last signature

dated no later than one hundred eighty (180) days fiom the first signature.

(f) A petition which lacks the required number of signatures may be amended once if the

committee files notice with the Probate Judge and the Baldwin County Commission to

amend within 5 business days of receiving written notice of deficiency of petition fiom

either the Baldwin County Commission or Judge of Probate. The committee must file the

amended petition within fourteen (14) days of the notice of a deficient petition. The

amended petition must follow the same requirements as the originally filed petition.

(g) The Baldwin County Commission and the Judge of Probate of Baldwin County shall

certify or reject the accuracy of the petition and provide written notice to the committee

of the status of said petition no later than 45 days of the submission of an original petition

or the submission of an amended petition by the committee.

(h) Once a petition has been filed with the Baldwin County Commission or the Judge of

Probate, no municipality shall annex within the boundaries of the proposed district until

the original and/or amended petition has been rejected by the Baldwin County

Commission and Judge of Probate or until an unsuccessful referendum occurs.

Article 5. Referendum.

(a) Upon certification of the original petition or amended petition, the Judge of Probate of

Baldwin County shall provide for an election within that district no later than 90 days

21
 after certification. All costs for the election shall be paid from the General Fund of

Baldwin County.

(b) The County Commission shall advertise the referendum in accordance with Article 10 (b)

of this Amendment, with the question of the creation of the district shall be placed before

the qualified electors in substantially the following form: "Should the (name of the

district and containing a legal description of the district) be created." The qualified

elector shall vote "Yes" or 'Wo."

(c) If a majority of the qualified electors vote in the negative in the election, then the area

shall not be designated as a Community Heritage District and the qualified electors of the

district shall not be eligible to petition for another election until one year from the date of

the last election. If the majority of qualified electors vote in the affirmative, then the area

shall be designated as a Community Heritage District.

Article 6. Advisory Council.

(a) Once a Community Heritage District has been formed, the Baldwin County Commission

shall appoint a three (3) person Advisory Council.

(b) Each person appointed must be a qualified elector residing within the community

boundaries. Terms of appointment shall be staggered. The initial terms of appointment

shall be:

Place 1 appointment shall hold a one (1) year term,

Place 2 appointment shall hold a two (2) year term, and

104 Place 3 appointment shall hold a three (3) year term.

22
 From thence the terms shall be four (4) years. All Advisory Council members shall be

appointed by the Baldwin County Commission and shall serve without compensation.

(c) In the event that a member of the Advisory Council becomes ineligible pursuant to

Article 6 (b) of this Amendment, the Baldwin County Commission shall appoint a

member to fulfill the remaining term of appointment. The County Commission may

remove an Advisory Council member for cause upon written charges and after a public

hearing.

(d) The role of the Advisory Council is advise the County Commission on issues which may

affect the community. The Advisory Council may provide input on improvements and

work with County staff to develop such improvement plans. In addition, for those areas

which have elected to come under the planning and zoning authority of the Baldwin

County Commission, any zoning request, other than variances, within the community or

within one (1) mile of the community boundaries, must be provided to the Advisory

Council for comment. Advisory Council comments must be presented to the Planning

and Zoning Commission and County Commission for consideration.

Article 7. Merger.

(a) If it is desired to combine two or more Community Heritage Districts into one (1) single

community Heritage District, a majority of the Advisory Councils from each affected

district shall make a written request to the County Commission of such action.

23
 (b) The County Commission shall provide public notice and hearing pursuant to Article 10

(b) of this Amendment. A consolidation may occur upon a majority vote of the County

Commission.

(c) Within sixty (60) days of such action, the County Commission shall appoint an Advisory

Council for the District in the same manner found in Article 6 (b) of this Amendment.

(d) The new Advisory Council shall rename the district and transmit such information to the

County Commission.

Article 8. Enlargement.

In order to enlarge the community boundary, a majority of the Advisory Council members of the

community must submit a written request to the County Commission, along with written consent

from the affected property owner(s). Said request must clearly show the current community

boundary and areas which are requested to be included. Such request must also be consistent

with Article 3 of this Amendment regarding creation. No additional areas shall be included in the

community until a public notice is given in accordance with Article 10 (b) of this Amendment

and a public hearing is held before the County Commission. The County Commission must

approve the enlargement with a majority vote.

Article 9. Dissolution.

(a) A Community Heritage District may be dissolved by following the procedures

established in Article 3,4 and 5 of this Amendment or by successful municipal

incorporation.

24
 (b) If the district is only partially incorporated, the remainder of the unincorporated district

will remain a Community Heritage District.

(c) A Community Heritage District may also be dissolved when annexed in accordance with

Alabama law and Article 12 (c) of this Amendment by a municipality whose boundaries

lie solely within the County, so long as the following requirements are met:

(1) The entire area of the Community Heritage District is proposed to be annexed.

(2) A majority of the Advisory Council assents to the annexation.

(3) A referendum on the annexation is held within the Community Heritage

District for all qualified electors residing in the district.

All costs for such an election shall be the responsibility of the municipality seeking

annexation.

Article 10. Public Hearing and Advertisement.

(a) No action of enlargement, consolidation or dissolution of a district shall become effective

until after a public hearing, in relation thereto, at which parties in interest, and citizens,

shall have an opportunity to be heard.

(b) At least once fifteen (15) days prior, and once seven days (7) prior to any action of

enlargement, consolidation or dissolution of a district, an advertisement of no less than

one-fourth page shall give notice of the time, place and purpose of such a hearing. Any

advertisement required by this section shall be placed in a newspaper of general

circulation in the County.

25
Article 11. Incorporation.

Nothing contained herein shall be construed to prevent a Community Heritage District from

incorporating pursuant to Alabama law.

Article 12. Effects.

In those areas which have established Community Heritage Districts, the following sections

shall apply.

(a) Municipal Police Jurisdiction. No municipality shall exercise any police jurisdiction

powers conferred to it by Alabama law within the district, however, nothing herein shall

prohibit mutual aid assistance when conditions warrant.

(b) Municipal Extraterritorial Planning Jurisdiction. No municipality shall exercise any

extraterritorial Planning and Subdivision powers conferred to it by Alabama law within

the district or within one (1) mile of its borders.

(c) Municipal Annexation.

(1) Except in accordance with Article 9 (c) of this Amendment, no municipality shall

annex, by any means, any land within the boundaries of a Community Heritage

District.

(2) Annexation of land within one (1) mile of the borders of the district may occur only

with the consent of the County Commission after public notice is given pursuant to

Article 10 (b) of t h s Amendment by the municipality and after a public hearing by

the County Commission on the matter.

26
189 Article 13. Miscellaneous.

(a) A Community Heritage District shall have no other power or effect except as provided

herein.

(b) No existing powers of the Baldwin County Commission will be nullified by the creation

of a Community Heritage District.

(c) The Legislature, by local law, may provide for the implementation and administration of

the provisions of t h s amendment upon request of the Baldwin County Commission.

Section 2. An election upon the proposed amendment shall be held in accordance with

Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the

Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election

laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed

constitutional amendment on the election ballot and shall set forth the following description of

the substance or subject matter of the proposed constitutional amendment:

"Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,

to provide for the establishment and operation of community heritage districts in unincorporated

areas.

"Proposed by Act 11

This description shall be followed by the following language:

"Yes ( )No 0."

27
Legislative History: There is no legislative history; this is a proposed new Amendment to the
Constitution of Alabama 1901.

Purpose of Legislation: Currently, 5 of 14 Baldwin County municipalities issue building permits

outside their corporate limits but inside their respective police jurisdiction. These municipalities are:
Gulf Shores, Fairhope, Robertsdale, Bay Minette and Summerdale. Citizens in unincorporated areas,
but also in the police jurisdiction of the 5 above noted municipalities, have to pay and obtain a building
permit from a municipal government when they are unable to participate in elections for the municipal
officials. Further, the exercise of municipal planning authority outside a municipality's corporate
limits can cause frustration with citizens seeking a governmental decision as to the establishment of a
subdivision located within a municipality's existing planning jurisdiction. This proposed legislation
will disallow a municipality located wholly or partially within Baldwin County to exercise any police,
subdivision, zoning, land use or planning jurisdiction beyond the corporate limits of the municipality.

A BILL

TO BE ENTITLED

AN ACT

To propose an amendment to the Constitution of Alabama of 1901, relating to Baldwin

County, to provide that, notwithstanding any other law or agreement to the contrary, no

municipality located wholly or partially within Baldwin County shall have or exercise any

police, subdivision, zoning, land use, or planning jurisdiction beyond the corporate limits of the

municipality.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and

shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

Notwithstanding any other law or agreement to the contrary, no municipality located wholly or

partially within Baldwin County shall have or exercise any police, subdivision, zoning, land use,

or danning: iurisdiction bevond the cornorate limits of the munici~alitv.

28
Section 2. An election upon the proposed amendment shall be held in accordance with

Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the

Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election

laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed

constitutional amendment on the election ballot and shall set forth the following description of

the substance or subject matter of the proposed constitutional amendment:

"Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,

to provide that, notwithstanding any other law or agreement to the contrary, no municipality

located wholly or partially withn Baldwin County shall have or exercise any police, subdivision,

zoning, land use, or planning jurisdiction beyond the corporate limits of the municipality."

"Proposed by Act !I

This description shall be followed by the following language:

"Yes ( ) No ( )."

29
Legislative History: There is no legislative history; this is a proposed new Amendment to the
Constitution of Alabama 190 1.

Purpose of Legislation: A U.S. Supreme Court decision in April, 2007, opened the door for local
government flow control initiatives. Flow control provides that a public entity landfill may be the only
designated landfill whereby all refuse shall be deposited in that geographic jurisdiction. However, in
order for a public entity landfill to be designated as the only landfill to be used in said geographic
jurisdiction, the landfill must be able to provide the general public services including composting,
recycling and household hazardous waste collection. The Baldwin County Commission's Magnolia
Landfill provides the general public in Baldwin County the above mentioned services. This proposed
legislation would allow the Baldwin County Commission's Magnolia Landfill, a public entity landfill, to
be the designated and primary landfill in the county for the disposal of solid waste refuse.

A BILL

TO BE ENTITLED

AN ACT

To propose an amendment to the Constitution of Alabama of 1901, relating to Baldwin

County, to provide that only county-owned solid waste landfills shall be used for the disposal of

solid waste.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and

shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

In Baldwin County, only county-owned solid waste landfills shall be used for the disposal of

solid waste.

Section 2. An election upon the proposed amendment shall be held in accordance with

Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the

Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election

laws of this state.

30
Section 3. The appropriate election official shall assign a ballot number for the proposed

constitutional amendment on the election ballot and shall set forth the following description of

the substance or subject matter of the proposed constitutional amendment:

"Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,

to provide that only county-owned solid waste landfills shall be used for the disposal of solid

waste.

"Proposed by Act I!

This description shall be followed by the following language:

"Yes ( ) No ( )."

31
Legislative History: Adopted by Alabama Legislature during the 1991 Regular Session and amended
during the 1993 Regular Session, 1998 Regular Session and 2006 Regular Session. Enacted as Act No.
91-719, as amended by Act No. 93-668, as amended by Act No. 98-665, as amended by Act No.2006-609.
Codified at Section 45-2-26 1 through Section 45-2-26 1.18 of the Code of Alabama 1975.

Purpose of Legislation: Act No. 91-719, as amended, is commonly referred to the "Baldwin County
Planning and Zoning Local Law." This local law provides, among other things, for the composition of the
planning and zoning commission. In 2006, when the Alabama Legislature adopted Act No. 2006-609 (the
most current amendment to this local law), Act No. 2006-609 deleted explicit language providing for the
maximum number of regular members and further deleted terms or length of office for regular members.
Prior to the enactment of Act No. 2006-609 the planning and zoning commission was capped at a
maximum of nine regular members (one of which could reside in a city) all of which served terms of
office at four years each. At this time, there are ten regular members of which three reside in municipal
corporate limits. This proposed legislation will provide that the planning and zoning commission have no
less than five nor more than nine regular members of which one may reside in a municipality and all of
which must be registered voters; further providing that the term of office for a regular member be four
years; and further providing clarification regarding temporary members.

A BILL

TO BE ENTITLED

AN ACT

Relating to Baldwin County; to amend Section 45-2-261 .O1 of the Code of Alabama

1975, to provide further for the members of the planning and zoning commission.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 45-2-261 .O1 of the Code of Alabama 1975, is amended to read as

follows:

"Appointment of Members and Personnel of the Baldwin County Planning and Zoning

Commission. Commencing on the effective date of this act, the Planning Commission shall be

composed of no less than five nor more than nine remlar members. each of whom shall be a

qualified elector in and an actual resident of Baldwin Countv. c&-#me per-

32
 nfG.~,av9
- .f tha
V l l l W W l U
D
LLlU I
tho
LIl"
o f f o . ~ , t ; ~Am
UllUVLL Y "U
M

. . . .
j%k-aek Rewkm-sG n the P!zxxing C O B ! FA:: -C Yv ith their ex*-
. . . .
the co7.rty
mlm
,,nm
,re
?)I ~ f t h I)P!zmmg
s
. .
A- - - ** . - ._
maximum of one (1) regular member of the Planning Commission mav be a qualified elector of

Baldwin County who resides in the corporate limits of a municipality in Baldwin County. All

re-gular members shall be appointed by the Baldwin County Commission for a term of four vears.

Upon the affirmative vote of a majority of the qualified electors in a district election held

pursuant to 45-2-261.07, the membership of the Planning Commission shall be increased by

appointment by the county commission of a qualified elector fiom that district for a temporary

one-time term of three years. In the event of any vacancy on the Planning Commission, such

vacancy shall be filled by appointment of the Baldwin County Commission. The Baldwin

County Commission may remove any member for cause upon written charges and after a public

hearing. All members shall serve without compensation, and no member shall be a county officer

or employee; however, reasonable and necessary expenses of the members of the Planning

Commission shall be paid fiom the General Fund of Baldwin County."

Section 2. This act shall become effective on June 1,2010, following its passage and

approval by the Governor, or its otherwise becoming law.

33
 Legislative History: Adopted by Alabama Legislature during the 1995 Regular Session and
amended during the 2005 Regular Session. Enacted as Act No. 95-58 1, as amended by Act No. 2005-
159. Codified at Section 45-2-120.12 of the Code of Alabama 1975.

Purpose of Legislation: Act No. 95-581, as amended by Act No. 2005-159, is commonly referred to
the "Baldwin County Personnel Merit System Local Law." Currently, this local law requires, among
other things, the 8 Baldwin County Commission appointed contract employees to be evaluated in
writing by the Baldwin County Commission on a semiannual basis. This proposed legislation will
amend Act No. 95-58 1, as amended by Act No. 2005-159, to provide only for the annual written
evaluation of the 8 Baldwin County Commission appointed contract employees.

A BILL

TO BE ENTITLED

AN ACT

Relating to Baldwin County; to amend Section 45-2-120.12 of the Code of Alabama

1975, providing for the county personnel system, to further provide for the written evaluations of

appointed contract employees.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 45-2-120.12 of the Code of Alabama 1975, is amended to read as

follows:

"One appointed employee position may be filled by the judge of probate which position shall be

designated chief clerk. Two appointed employee positions may be filled by the Revenue

Commissioner which positions shall be designated chief clerk of collections and chief appraiser.

Three appointed employee positions may be filled by the sheriff which positions shall be

designated chief deputy, chief jailer, and chief of the civil division. The following shall be

appointed contract employees: County Administrator, Emergency Management Director,

34
Juvenile Detention Director, Personnel Director, Building Official, ClerMTreasurer, County

Engineer, and Development and Environmental Director. Each of the appointed contract

employees shall be employed under contract with the commission. Each contract shall include at

a minimum the following provisions:

"(1) A provision for termination and severance.

"(2) A job description for the position.

"(3) An annual %swmma4written evaluation to be reviewed with the employee and retained by

the commission in the employee's personnel file.

"(4) A provision that the contract will be nonbinding on the successor commission after each

four-year election; however, the contracts must be cancelled or continued within 90 days of the

successor commission taking office.

"(5) A provision that any appointed contract employee employed by the county commission may

not be subject to any action to cancel or not to renew the contract or in any other manner dismiss

or terminate the contract employee except by a three-fourths vote of the elected members of the

county commission."

Section 2. This act shall become effective immediately following its passage and

approval by the Governor, or its otherwise becoming law.

35
 Legislative History: Adopted by Alabama Legislature during the 2007 Regular Session. Enacted
as Act No. 2007-377. Became law on September 1,2007. Codified at Section 45-2-244.183 of the
Code of Alabama 1975. Baldwin County Commission authorized rentalllease tax levy on September
4,2007.

Purpose of Legislation: Currently, 12.5%of (local Baldwin County) rentalllease tax proceeds are
provided each for capital outlay improvements at the Fort Morgan State Historic Site and Historic
Blakeley Authority. Tax proceeds are paid to the Alabama Historical Commission (for the Fort
Morgan State Historic Site) and Historic Blakeley Authority. This proposed legislation would
amend Act No. 2007-377 to provide payment by the county of tax proceeds to the Fort Morgan
Foundation, Inc. (to benefit the Fort Morgan State Historic Site) and Historic Blakeley Authority; to
provide that any use of tax proceeds meet certain criteria; to provide for the manner of handling
unappropriated balances; and to provide for the return of prior payments to the county.

A BILL

TO BE ENTITLED

AN ACT

Relating to Baldwin County; to amend Section 45-2-244.183 of the Code of Alabama

1975, to provide for appropriation to Fort Morgan Association, Inc. of the privilege or license tax

proceeds, and the manner of appropriations to Fort Morgan Foundation, Inc. and Historic

Blakeley Authority.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 45-2-244.183 of the Code of Alabama 1975, is amended to read as

follows:

"(a) The privilege license tax levied hereunder, except where otherwise provided, shall

be due and payable in monthly installments on or before the twentieth day of the month next

succeeding the month in which the privilege license tax accrues. On or before such twentieth

day, every person on whom the amounts levied hereunder are imposed shall render to the county,

on a form or forms prescribed by the county commission or State Department of Revenue, a true

36
and correct statement showing the gross proceeds of h s or her business for the next preceding

month, the amount of gross proceeds which are not subject to the privilege license tax, or are not

to be used as a measurement of the amounts due by such person and the nature thereof, together

with such other information as the county commission may require, and at the time of making

such monthly report such person shall compute the privilege license taxes due and shall pay the

Baldwin County Commission the amounts shown to be due. All taxes of the county shall be

deposited into the general fund of the county treasury to be distributed as follows:

"(1) Seventy-five percent shall be distributed to the county general fund to be expended, as

approved by the Baldwin County Commission, for general purposes; however, and per fiscal

year from said foregoing distribution, the Baldwin County Commission shall appropriate

$100,000 into a separate county fund to be used for the operation of the Baldwin County

Legislative Office, established by Act 2000-275, including, but not limited to, office equipment,

communication equipment, salary supplements for personnel of the legislative delegation office,

training, and official public travel for members of the Baldwin County Legislative Delegation

and personnel of the legislative delegation office and other expenses deemed appropriate only by

written direction provided the Baldwin County Commission by the members of the Baldwin

County Legislative Delegation. Notwithstanding the foregoing, the expenses for official travel

shall not exceed two thousand dollars $2,000 per member per year and shall be subject to

periodic audits by the Examiners of Public Accounts.

"(2) Twenty-five percent shall be distributed into a separate county fund to be appropriated

expde& as approved by the Baldwin County Commission in a resolution spread upon its

minutesTfor capital proiects located on and for the benefit of the premises of e&la+k the Fort

37
Morgan State Historic Site and Historic Blakeley Authority. In accordance with this subsection,

approvriations for capital proiects located on and for the benefit of the premises of the Fort

Morgan State Historic Site shall be distributed 4 to +he Fort Morgan Foundation. Inc. and

appropriations for capital vroiects located on and for the benefit of the premises of the Historic

Blakeley Authority shall be made distributed to the Historic Blakeley Authority, a public body

corporate as created by Section 41-10-170 thou.& Section 41-10-182 of the Code of Alabama
..
1975. Each entity rece:vqgi%mds No later than October 1 of each year, beginning 2010, Fort

Morgan Foundation, Inc. and the Historic Blakeley Authority, respectively, shall submit to the

county commission an annual a master plan for capital outlay. The county commission shall

either approve or disapprove the said master plans. The Baldwin County Commission ~EXJ W

authorize +he respective avpropriations divided equally between the two entities

-
only upon written request made by said entities to the county commission. and only at the such

times and in such amounts as necessary to fund capital proiects listed on a current master plan
. .
avvroved by the county commission. the r\~f~ ~ p e ~ z d i t w s

U "
J LllW w

Any unavpropriated balance shall remain in the said se~aratecounty

commission fund until such time as the county commission authorizes respective appropriations,

and, krther. all appropriated proceeds which cannot be used for the approved proiect for which

appropriation was made shall be returned forthwith to the county commission. All funds which

were appropriated or disbursed hereunder to the Historic Blakeley Authority and the Alabama

Historical Commission prior to the effective date of t h s Act as amended, and which remain in

the custody or control of said entities on the effective date of this Act as amended, shall be

38
returned to the county commission forthwith. distributed into the separate fund established

herein, and thereafter appropriated by the county commission in accordance with the terms of

this subsection.

"(3) Privilege or license taxes collected and expended under authority of this act shall be audited

by the Examiners of Public Accounts.

"(b) If any person subject hereto should fail to render any report, return, statement, or

form required hereby or should willfully make false statement of facts in the report, return,

statement, or form required hereunder, he or she shall upon conviction be punished by a fine of

not more than five hundred dollars ($500) for each violation of any provision of this section."

Section 2. This act shall become effective immediately following its passage and

approval by the Governor, or its otherwise becoming law.

39
Issue: Absentee voting processes are authorized by Alabama's general elections law. Absentee voting
for each election is administrated by an Absentee Election Manager as appointed by the Sheriff, Circuit
Clerk and Judge of Probate.

For several elections the issue of absentee voting has caused some concern among citizens in places of
the county where the Absentee Election Manager is not stationed. The primary concern voiced to the
Baldwin County Commission is that since the Absentee Election Manager is in Bay Minette, it is
difficult for citizens in Central, South and the Eastern Shore areas of the county to be efficiently
provided a means to absentee vote. For instance, citizens would come to the Fairhope or Foley
Courthouse and fill out an application for an absentee ballot and then hand it to a clerk but the clerk
could not give the citizen the absentee ballot to vote as the Absentee Election Manager is the only
authorized official allowed to provide the absentee ballot. The Baldwin County Commission asked for
an Alabama Attorney General's Opinion (Opinion #2008-053; February 13, 2008) to see if the county
could provide multiple places or offices in the county where absentee election duties could be
performed and to see if the county could appoint other county personnel to perform all functions of the
Absentee Election Manager including the distribution and receipt of absentee ballot applications and
ballots. The Attorney General informed the county could not as to both.

The Baldwin County Commission wishes to have a general discussion on the issue of absentee voting.

40