Baldwin County Commission Regular Meeting – October 1, 2024

The Baldwin County Commission held a pre-meeting work session at 8:30 AM and a regular meeting at 10:00 AM on October 1, 2024, at the Baldwin County Administration Building in Bay Minette, Alabama. All four commissioners were present. The main focus was a public hearing on proposed amendments to the Baldwin County Subdivision Regulations, which after extensive public comment and discussion was tabled to the January 7, 2025 regular meeting. The consent agenda was approved as published.

Consent Calendar

• CE1: Extended Bid #WG22-60A for fiber optic network maintenance and locates with B & L Cable Construction, LLC for an additional 12 months through November 1, 2025.
• CE2: Awarded Project No. HW22146 – US-98 at Old Foley Road intersection realignment to Asphalt Services, Inc. for $461,310.25; construction time 45 working days.
• CE3: Rejected all proposals for the Fish River Watershed Sediment and Stormwater Project – Summerdale Stormwater Pond and approved a revised RFQ including RESTORE funding.
• CF1: Authorized execution of the annual Community Rating System Recertification Form (CC-213) by October 15, 2024.
• CH1: Extended GIS support services agreement with Keet Consulting Services, LLC for 12 months through October 1, 2025.
• CH2: Approved a Microsoft Volume Licensing Agreement effective October 1, 2024 through September 30, 2027.
• CJ1: Authorized transfer of three Sheriff’s Office vehicles to the Commission for sale on GovDeals.com and deposit of revenue into General Fund.
• CM1: Approved write-off of uncollectible employee balances: $1,268.57 (Solid Waste Fund 510) and $1,371.50 (Solid Waste Collections Fund 511).
• CO1: Authorized Change Order No. 1 for $6,400.00 for the Perdido Bay Water, Sewer & Fire Protection District Water Capacity Improvement Project using ARPA funds.
• CO2: Authorized advertising for competitive bids for Fiscal Year 2025 Resurfacing Projects.
• CO3: Approved consent to assignment of contract from John G. Walton Construction Company, Inc. to Wiregrass Construction Company, Inc. for Baldwin County Resurfacing Projects 2024: Group #2.
• CO4: Approved License Agreement #24028 with Riviera Utilities for installing electrical conduit and transformers along Moogs Lane right-of-way.
• CR1: Approved position descriptions for Part Time Library Services Coordinator and Part Time Library Courier.
• CR2: Approved promotion of Nicholas Brown to Operator Technician II ($20.63/hour, effective no sooner than October 7, 2024).
• CR3: Approved employment of Quantina Brooks as Detention Worker I ($18.25/hour, effective no sooner than October 7, 2024).
• CR4: Approved a 36-month Provider Agreement with Asurint for background screening services.

Public Comments & Testimony

Public Hearing on Subdivision Regulations (Item ES1) – 10:06 AM to 11:33 AM:

• Tucker Dorsey (home builder, 30 years in county): Expressed strong opposition, stating the regulations “do nothing but increase the cost of housing” and drive up lot prices by $15,000–$20,000. Requested the commission table the item to allow developer input.
• Han Hua (Realtor, Baldwin Realtors Government Affairs chair): Requested postponement, noting her organization was not re-engaged in 2024 and needed time to review the 150-page document.
• Michael Ludvigsen (Fort Morgan Planning and Zoning Advisory Committee chair): Stated many stakeholders were unaware of the proposal; requested tabling for broader public input.
• Chloe Kelly (representing development/engineering/construction group): Raised concerns about lack of clarity, open interpretation by planning staff, inconsistent application, and cost implications of gravity sewer, LID, street trees, and open space requirements. Requested tabling.
• Tracey Gambill (resident): Complimented the commission’s work but noted small lot homes are not always affordable and urged careful consideration.
• Justin Palmer (land surveyor): Argued the family subdivision 24-month waiting period may be unconstitutional (citing Agins v. City of Tiburon) and called for tabling to allow constitutional review.
• Shawn Walker (homebuilder group): Emphasized rising construction costs and high cancellation rates (~48-49%); asked if an analysis of increased costs to buyers had been conducted.
• Steve Pumphrey (Planning Commission chair, speaking as individual): Expressed disappointment that the planning commission’s subcommittee recommendations were not fully incorporated; acknowledged current regulations are not working but said the proposal is “better than what we have now.”
• Jerry McInnis (utility provider): Noted Baldwin County’s GDP grew from $3.1 billion (2001-2002) to $10.8 billion (2022) – a 250% increase; asked for delay to ensure stakeholder input to protect future economic success.

Public Comments (after public hearing closed):

• Tucker Dorsey thanked the commission for tabling and requested a work session with county staff and the Planning Commission to discuss concerns.

Discussion Items

Subdivision Regulations Amendments (Item ES1): Planning Director Jay Dickson presented a detailed overview of the proposed amendments, developed over 18 months to strengthen regulations, streamline processes, and modernize standards. Key provisions included: 24-month waiting period for family subdivisions; 60-foot wide easement requirement for large parcels; clarification on utility service reports; lot size and width options (7,500 sq ft minimum; 80 ft width standard, 60 ft width with gravity sewer and LID); gravity sewer preferred for developments over 50 lots; broadband conduit requirements; open space requirement of 10% (50% usable) for developments of 25+ lots; low impact development (LID) incentives; stormwater management emphasizing off-site drainage evaluation; and street tree planting every 100 feet. Commissioners questioned the 24-month family subdivision limit, lot width incentives, and cost impacts. Commissioner McKenzie expressed personal opposition to the 24-month restriction, calling it punitive to family landowners. The discussion highlighted the balance between meeting market demand and preserving quality of life.

Executive Session (Work Session): The commission convened an executive session at 8:34 AM to discuss pending litigation and real property matters with County Attorney Brad Hicks. The session lasted until 9:04 AM. No actions were taken other than the motion to convene.

Key Outcomes

• Minutes of September 17, 2024 Regular Meeting: Adopted with a correction to Resolution #2024-169 (Federal Interest amount corrected from $105,925.60 to $132,407.00). Vote: 4-0.
• Payment of Bills (Item BA1): Approved. Vote: 4-0.
• Consent Agenda: Approved as presented (no changes from work session). Vote: 4-0.
• Subdivision Regulations (Item ES1): Motion to table to the January 7, 2025 Regular Meeting passed 4-0. Commissioner Ball suggested tabling until after the first of the year; Commissioner Gruber seconded. County Attorney Hicks clarified that the tabled item is the current draft; any substantial changes would require new advertising and a public hearing.
• Public Comment: Chairman Underwood urged stakeholders to contact Planning and Zoning staff to discuss concerns. A work session with staff and the Planning Commission was suggested but not formally scheduled.