HomeMy WebLinkAbout01-24-2011 Regular Meeting5573
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 24 January 2011.
Present were Council President Lonnie L. Mixon, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Michael A. Ford, and Rick Kingrea, Mayor Timothy M.
Kant, City Attorney Marion E. Wynne, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Mixon called the meeting to
order. The invocation was given by David Stookey, Pastor of Fairhope Community
Church, and the Pledge of Allegiance was recited. Council President Mixon asked if
there were any corrections to the minutes from the 10 January 2011, regular meeting.
He then stated if there are no corrections, the minutes stand approved as written.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to appoint Haymes Snedeker as Municipal Judge to
serve a two year term and until a successor is elected by the council and qualified.
Seconded by Councilmember Kingrea, motion passed unanimously by the following
voice votes: AYE -- Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None.
RESOLUTION NO. 1734-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that HAYMES SNEDEKER is hereby appointed as Municipal Judge. The
term of the Municipal Judge shall serve a two-year term (January 1, 2011 — January 1, 2013)
and until a successor is elected by the council and qualified. Section 12-14-30, Code of
Alabama, 1975.
ADOPTED 24TH DAY OF JANUARY, 2011
ATTEST:
Asa A. Ranks, City Clerk
1'1_� W'
T' of y M. Kant, Ntor
5574
24 January 2011
The Honorable James H. Reid, Circuit Judge, 28th Judicial Circuit of the State of
Alabama, then gave the Oath of Office to Haymes Snedeker as Municipal Judge. (A
Signed Oath is inserted at end of these minutes.)
Haymes Snedeker addressed the City Council and stated he sincerely appreciated the
City giving him this opportunity over the last six years. Without the City's support
and his two outstanding magistrates, Betty Stevens and Sandy Kelly, the court could
not function and he would be powerless.
Chris Ellis, Fire Chief, Fairhope Volunteer Fire Department, introduced
himself and his two assistants to the City Council. He stated they had 714 service
calls in 2010. There are 53 volunteer fire fighters on their roster and three
paramedics, and we just put 16 fire fighters through EMT basic.
Council President Mixon addressed the City Council and presented the
following Finance Committee Report for the first quarter of fiscal year 2011:
FINANCIAL REPORT 1ST QTR FY 2011
As Chairman of the City Council Finance Committee, I am pleased to announce that as of the
end of the first quarter for fiscal year 2011 we are on budget for the year. Today in the general fund we
have $3.2 million dollars set aside for emergency funds. We have reduced the transfer of funds from
the utility departments to the general fund thereby, enabling them to begin upgrading their
infrastructure.
City Debt is down to $31.7 million. This debt is being paid off by approximately $1.5 million
dollars per year. Over the past two years, total cash is up from $8 million to $16 million dollars. For
the first time in recent years the city did not have to borrow funds against its line of credit either for the
general fund or utilities fund.
We have accomplished this through the coordinated efforts of the elected officials and the
staff. For example, our City Treasurer, Nancy Wilson has acquired the best interest rates for city
savings by contacting all local savings institutions. City Administrator Gregg Mims, in concert with
General Superintendent James Gillespie and the department heads, has streamlined city operations
making them more productive and cost effective. Many volunteer citizens have provided guidance and
recommendations by serving on the following special committees: Strategic Planning, Budget, and
Financial Advisory also known as "FAC."
For 2011, our goal is to continue on the same path of prudent management of city funds.
Councilmember Quinn addressed the City Council and stated that in the
Fairhope Courier reported last week that she voted "for" the extending the landfill
another 40 feet. She just wanted to clarify that she did not vote for the extension of
the landfill.
5575
24 January 2011
Councilmember Quinn also commented that a dear friend of hers, Mikey Jones,
passed away and he was the unofficial ambassador of Fairhope. He always had a
positive thing to say about Fairhope and always had a smile on his face. She hoped
everyone could take to heart what he gave to us. We should keep that in mind when
we look at politics and other things happening in the world. We should try and put a
positive spin on things.
Councilmember Stankoski addressed the City Council and mentioned the
Rainy Day Fund having $3.2 million and the General Fund having $15 million which
seems like a lot, but we have liabilities and expenses. He gave the following
examples: road paving, dispatch system, CAD system, study for the Water and Sewer
Department, and a new water tower. Those were some of the short term projects.
Some of the longer terms we should be looking at are a new fire station and training
tower, a new police precinct, 33 acres to develop for recreation, Fairhope and Greeno
intersection, and a new City Hall. We are in good shape but not great shape.
Councilmember Kingrea addressed the City Council and state he echoed
Councilmember Quinn's comments on Mikey Jones. He said we all need to have
Mikey's positive attitude and he was the first person Councilmember Kingrea met
when he moved to Fairhope. He always had a smile on his face and always said
something great about Fairhope. Mikey Jones was a man who loved Fairhope. We
all need to try and have a little Mikey Jones in ourselves and we will continue to have
a great City.
Mayor Kant addressed the City Council regarding the following:
Council President and Council I have a few things I want to bring up tonight. First,
I want to mention the audit is in its final phase and we will be bringing it forward to
you all at the next Council meeting. Just one quick highlight, I know you all
mentioned a lot of highlights, we did increase cash in the City $5.5 million over last
year. And just this past quarter, we added another million and a half cash in the
bank.
Mikey Jones, you all mentioned him just a few minutes ago. I think the thing I
remember Mikey the most was when I was a senior at Fairhope High School;
Debbie was probably there too. He decided to have a sit-in on the front lawn
because his hair, at that point, was a ponytail down his back. All of us seniors at
school; students were not allowed if you were a male to have any hair touching
your collar. I don't have to worry about that problem today, but that's how Mikey
was. He was very spirited and we are going to truly miss him.
Tonight I put together a few slides, but before I get into that, I would like to call
Caine O'Rear to the podium. Caine is going to give you an update on the Dyas
lawsuits and where we are. And if we need to go into any more detail, he'll be
more than glad to call an executive session and go into it at that time.
5576
24 January 2011
Caine O'Rear addressed the City Council and presented the following
statement:
Thank you Mayor, Mr. President and Councilmembers. I'd just like to report on the
status of the lawsuit that's pending in the Federal Court in Mobile: Dyas vs. the
City of Fairhope and Mayor Kant.
The most significant development in the case, recently, has been that the Federal
Judge has granted our Motion for Summary Judgment in numerous respects in
favor of the City and the Mayor on almost all of the claims that were filed, and
certainly on the most important ones that were asserted by the Dyases. In the
original complaint, they alleged seven causes of action with numerous complex
subparts, and all but one small aspect of the case relating to breach of contract and
negligence on traffic issues has been dismissed. That means that the court threw
out as meritless all of the claims against the Mayor individually and all of the
claims against the City that relate to the Council's approval of the Fly Creek PUD.
In fact, everything is now out of the case except for these very narrow issues related
to traffic, and there will be further proceedings that we will need to address those.
In throwing out these Dyases' claims, the court found that they were completely
meritless and that the Dyases failed to even attempt to present any evidence in
support of most of them. The court's order described their arguments as
"misguided," "nonsense" and "legally irrelevant." In paragraph after paragraph, the
court found that the Dyases completely failed to present any evidence supporting
their position. On the critical claim of equal protection, the court noted that the
Dyases "silence" was "fatal, though it is not clear how they could have shouldered
their burden even had they attempted to do so."
Their pursuit of multiple frivolous claims, which were pleaded in most complicated
fashion, caused the City to incur, as you know, a substantial amount of legal costs
in order to rightfully defend the City and the Mayor against these false allegations.
This was the fourth lawsuit filed by the Dyases against the City over this same
property and utilizing many of the same legal theories which have been determined
to be meritless.
The City has now filed, last week, a motion to recover its attorneys' fees in this
case. That motion, cites in large part extensively from the court's own language in
its order, and asserts that the Dyases' claims were frivolous and without any legal
or factual foundation. It also asserts that the lawsuit that was filed by them for
improper motives and in bad faith.
To show that the lawsuit was filed in bad faith, we have attached evidence
consisting of emails and correspondence from their own files which were obtained
during the litigation process, which show their intent to retaliate against their
cousins, the Cortes, and against Mayor Kant and against other elected Fairhope
officials. We attached evidence of the Dyases' financial and political support of
Chris Warner, of Eric Dyas's numerous meetings with him, to assist him in his
attacks on the Mayor during the mayoral election. We have also attached numerous
5577
24 January 2011
internal emails from the Dyases which establish that the Dyases were actually
trying to get a denial of the application to amend the Village North PUD on their
property to provide for a larger grocery store so they could file another lawsuit
against the City. That is, according to evidence that we have submitted to the court,
they were trying to orchestrate the events to force the City to deny the application in
order to create a lawsuit, not to avoid one. And even though their developer, the
Wallace Group, would not go along with this scheme and withdrew the Village
North application before it was ever considered by the Council, the Dyases filed the
lawsuit precipitously any way against the City and the Mayor.
This is all set forth in a matter of public record in our motion to recover attorneys'
fees which was filed last week. We believe the evidence shows that the Dyases'
claims were frivolous, filed in bad faith for improper motives, and that the City is
entitled to recover its fees from them for having to defend itself against meritless
claims.
We hope for a prompt ruling on this motion. We also are awaiting a ruling from the
Federal Judge on whether the remaining small aspect of the case will be kept in
Federal Court or sent to the Baldwin County Circuit Court for trial. Once the Judge
rules on these issues, we would be happy to meet with the Council, in executive
session, to discuss strategy of going forward.
I want to thank personally, and on behalf of my firm, the opportunity that the
Council and the Mayor has given us to represent the City in this matter. It is an
important matter. We have done our best to see that the City prevails on these
claims and will continue to do so until the case is closed. Our firm has had a long
history which we appreciate. Almost 25 years, as Councilman Ford can attest
personally, of representing the City, the Council, and the Mayor in lawsuits filed by
this family. Hopefully, we will be able to close this chapter and close these
remaining claims out very quickly in the City's favor as we have done previously
with respect to the other claims.
Councilmember Ford asked the following question to Caine O'Rear: In 25
years, in all the litigation we had, how many have you lost? Mr. O'Rear replied we
haven't lost a case that we have tried. Councilmember Ford said you have
represented us very well and appreciate it.
Mayor Kant thanked Mr. O'Rear and then presented his Power Point
Presentation.
Now a lot of you have been reading the newspaper and the oil spill monies and so
forth. So I thought I would recap facts that I know them as of today to the Council
and at the end of my comments ask for Tut and Chris Gill to come forward and give
you their opinions.
5578
24 January 2011
On April 30'h, as you well know, the Governor issued a State of Emergency, and the
important part is that is April 301" and that is what the document shows. Also I put
in this document that you can turn to, that it states under the authority under a
declaration of an emergency, some people said that I have to declare or the body
has to declare, the only one in the State of Alabama that can declare a State of
Emergency is the Governor or the Legislative Body. The mayor can only do so in
the event of a riot or so forth and it's very limited.
On May I", we all started working to resolve a lot of the issues and Unified
Command is when we actually submitted our booming plan to Unified Command;
and we were given approval. I talked to Phil Rivers myself, on my cell phone a
number of times, but we were given approval. They were going to implement it
and we weren't going to have to use any of the funds that BP was in the process of
giving to us. And that's what this memo email which is in your documents shows
Ken sent and got verification, right there, from Phil Woods the Chief ADEM
Officer at Unified Command.
May 6'h, the Governor called for all of the mayors, all the County Commissioners
over to the Riverview Hotel. And, he had a closed meeting, no press, nobody else
allowed in the meeting; and what we discussed was the $25 million dollars that was
given to Alabama, how we should spend that money. It was decided in that meeting
it would be split: $10 million to Mobile, $10 million to Baldwin County, and $5
million would stay with the Governor. After that meeting, he said we are going to
meet again soon and probably on Saturday and I need your numbers.
May 61h, Baldwin County EMA called to inform the City that our disaster debris
contract for this event was approved by the EMA Director of Alabama and BP.
What is significant about that is, we could have done like all of the other mayors
and county of amending their current contract to deal with the BP spending of
monies, yet this Council did not go that direction, we actually bid it out.
On May 71", prior to the May 81" meeting, I called Senator Tripp Pittman and I said
he being our emergency contract in place coordinator, I said I need an estimate of
what it would cost to do the booming in the event that the City has to pay to do the
work.
On May 81", I received an email from the Baldwin County EMA Director, calling a
meeting at 10:00 a.m. for all the mayors and commissioners to be at her office on
May 81". Also that same day, the Governor asked for the EMA Directors of Mobile
and Baldwin County to submit their plans to him at 12:00 p.m. So, you see how
fast the timeline is going. I was over at a meeting and I had an estimate from Tripp
Pittman, and I was advised by the Director that the request needs to come from the
mayor. So, I didn't have time to come back, find somebody on Saturday morning
to type up anything, so I proceeded to ask the secretary who worked at EMA to
draft a real simple letter asking for $650,000 for Fairhope.
5579
24 January 2011
May 10`h, made a report to the City Council on what was going forward. In your
own Council meeting minutes, states right there, I spoke to Governor Riley, the
booming on the Eastern Shore and the boom would be deployed possibly by
tomorrow. So there again, I also went on to tell you that we were looking at
$450,000 and $200,000 the same thing I asked for previously.
Meeting with Governor Riley, submitted the City of Fairhope Grant to the State
EMA Director; and Baldwin EMA Director confirms the boom pricing. If you will
read up at the top, when the numbers were submitted to EMA, there is a little
number at the top where Ken Eslava called or emailed the Emergency Management
Director and said was there any problems with what Fairhope had submitted. She
said no problems as far as she knew.
May 17`h, the City Treasurer deposited in the bank $650,000. Fairhope City
Council authorizes to accept the $650,000. Also at that meeting, the mayor would
call a meeting before spending any of the BP money.
On May 28`h, after two weeks of trying to get the boom deployed in the Fairhope
and Point Clear area, I instructed to staff to get competitive quotes. We received on
May 31s' a quote from Crowder Gulf That's their quote. On June I", received
Pittman Tractor and Sean McKnight and Sons. Those are bids from them. On June
2°d, Oil Recovery Company, Inc. June 3`d, received an incomplete bid from IED,
Inc. in response to the bid, so it wasn't considered for the Council's consideration.
June 4`h, after having all of those prices I called the Council President, and we
called for an emergency session. I also had Tut Wynne present at that meeting. He
took questions from the Council and he said everything the City was doing was
correct and above law; and followed all of the laws of the State of Alabama.
Back in December 14`h, I put this in here because you know how people like to pick
on political people; and I am not taking up for or against whether the Senator did
anything wrong or right, but I will say staff sent an email to the League staff asking
can we do business with an elected Senator of the State of Alabama. As you can
quote, Lisa - I don't know of anything that prohibits the municipality from doing
business with a company owned by a state senator, barring any specific factors that
would present a conflict of interest or some other problem. Therefore, we went
forward.
This is a resolution that the Council told me to enact. On there is the question and
you can't see the number down at the bottom, but it will come up again. You are
authorized some $649,000 to be expend.
June 23`d, there was a second grant requested. There was $3 million dollars left
over and everybody south; and you know we were in that debate how to do
Montrose to the north and how to do Summit to the south and other parts of
Baldwin County. Ken Eslava represented me at the meeting and they divvied up
the other $3 million dollars and Fairhope got an additional $500,000.
5580
24 January 2011
July 6`h, Treasurer deposited that into our bank account. I put these numbers up
here because as of December 31", the balance in the bank is $433,281.00, and the
total amounts paid to Pittman Tractor was $639,126.00; total authorized by the City
Council was $649,575.00, so you see we followed that contract.
The following is the Mayor's Power Point Presentation:
FA
�•�--•- - -
(r%C17`'K�!i 1. i ''t t►[�•i
Slide 1
Slide 2
P I20CL�AMATION
........mow
�..��....._.+.J .........�
� «._�� `:`��+'
Slide
3
Slide
4
5581
24 January 2011
Nnnlriyal (:na'rrninR PotlY s Disnsler
Respnnslplllrles
f>;��Li1i pis �t4�
Slide
5
Slide
6
1! r.
..n..w,._
((1 0 +v,
Slide
7
Slide 8
(10O3tlom i x. Ow
i1 dir4
!ice
i + I .tk' f'i
:17�..�Yw QUKI-)t.�.1 *lm
Slide 9
Slide 10
5582
24 January 2011
_I1�� 'A� , ' �
llYn etVNpm.l.�w�muw Yfa.tm fa.eubYeew
flf}woU u pa.n f.i.my. v.m uw evm o. �m W+e u
ffyrn.t.
tii'r�+V �.TL fS`.Y.V Ji1
La.ee Meml.vM.nwb e.v. wmar eew YP�vNIr Bf.
, n��f
S.i W1i910d,CF.CPoif
Slide 11
Slide
12
fJ1--4U _0
.., ,.. M.,..,.� ,..,,_.. •,...,.,�
;�zwIILo w Tu q,1ilt
Slide 13
Slide
14
cfiC
iw ��ft9�r�J 11k�%:r'I�
t eYpl611J1 , ►J�-n}��ur
Slide 15
Slide
16
5583
24 January 2011
sr,nr r
Slide 17
Slide
18
-------------
Ate,, '�' , OND
�1w �:1, wO (1)
*�.� 1 [ D iUw.
�vAry to re7tllit : a .� - Isar
5 7"' t ;)tIJL
Imijau9`x4
11 t u: @I3Ji �I[LY_1i;iYCF��
bP UL-- Phial
Wj
Slide
19
Slide 20
CrowderGulf
Slide 21
Slide
22
5584
24 January 2011
fJ.4 R....�
li�jlt^i3) I`triiL�I�Xj• : i
,7Ia D
tip
'�i�S1Sc.
Slide
23
Slide 24
Slide
25
Slide
26
S[wt, MCKNIGKT95oKf
Lx
�j,,y �,�rim!
Wit
Slide
27
Slide
28
5585
24 January 2011
(_Wtf)Y obt- i WAMF)a: tX$
Slide
29
Slide
30
7M
' TT' q 41") 4jx-.iEd
113��• �im. -ku'ji
Slide 31
Slide
32
Slide
33
Slide
34
5586
24 January 2011
=.. .. _
�' ► lxw)� A .sue
to (fib gmL.
4J, a&UIIx=
Slide
35
Slide 36
-1-he City of Eairhope
Treasurer receiNed
fYtiEill �1; Gyj2;y
$500,000 from the State
�f3iYi]iiitD t1rtldCU� 7USf3�.1.i,y�lip
{ill �1[iEUuirys
A;
� �y,� ,r�i�v*iJ "'�rslalti r�4fUU
Slide 37
Slide 38
Mayor Kant stated at this time, I would like Tut and Chris to come forward, if
you have anything and they are going to tell you their findings of looking of all the
data.
City Attorney Marion E. "Tut" Wynne addressed the City Council and
presented the following statement:
Good evening, as Mayor Kant stated, we have reviewed a timeline of events as the
Mayor just showed you of what's happened with regards to these funds in this
emergency situation. We've also looked at the State statutes that control
emergency situation. Those statutes are located in Section 31-9-1 of the Code of
Alabama. At 31-9-10, it does state that the City Councils have authority, once an
emergency is declared, to waive procedures and formalities otherwise required by
law pertaining to the performance of public work and entering into contracts,
5587
24 January 2011
occurring obligations and employing temporary workers, and utilizing volunteer
workers and doing a lot of other things. It gives a lot of powers to City Councils
and Mayors, and County officials in an emergency situation. The emergency
situation was declared when this Council acted on June 41h and it had been declared.
The other thing I would like to say is that when reviewing this; it has become clear
and apparent that the City went above and beyond its duties because as Mayor Kant
told you, the City still asked for quotes and received quotes from other vendors.
They didn't just take the first quote, the Pittman Tractor quote. After the Pittman
Tractor quote was public knowledge for two or three weeks, public knowledge, the
City went out and sought other quotes and received other quotes; and considered
those quotes. So, I would submit based on that the City has gone above and beyond
the legal requirements and tried to be as fair as possible given the emergency.
And, so I submit that what was done on June 41h by the Council and what was done
leading up to that is all appropriate, proper; and as we said on the June 4`h at that
meeting in the minutes; I stick by that right now and repeat it, "everything is in
order."
Chris Gill, attorney from Hand Arendall, addressed the City Council and
presented the following statement:
For the record, I have reviewed all of the same stuff Tut has and agree with all of
his conclusions.
Mayor Kant said he has a couple of more items that summarize it all up:
There were questions about a vendor not being able to, I guess to bid on the boom.
This here is a list of all of the different products that came in for Ken and the staff
to evaluate; which would we use to protect Fairhope beaches. At the end, they
selected a hard boom that was a standard in the industry for the past 25 years. They
also decided to use the hair boom which you know we had a lot of people; we went
and picked it all up and stored it all. We were going to use that along the beach
front. I kind of put it in an analogy, when we looked at all of these different
absorbent booms, the company that was concerned: If we were going out to buy a
50 ton crane and we had somebody submit a bid of a 5 ton crane; they both are
going to pick up something, but we wanted a 50 ton crane and that was our
specifications when we went out and that is what we asked quotes on. In the event
that the oil had come over the booms and I thought that it probably would if it got
that close in, we were going to have other plans in place. I instructed the Fire
Department to get certified and we also talked to other vendors to have some of the
other types of boom; and I think we even said that at the June 41h meeting.
So when we say that we didn't allow somebody to bid or give a price, we, as a staff,
have to decide or staff reference to me has to tell me what they feel is in the best
interest for Fairhope.
5588
24 January 2011
And I really resent the fact, after hearing in all of the debate, being quiet for two
years, being sued personally; and this City being kind of being quiet and told we
couldn't talk; and couldn't get involved in the lawsuit that was going on. I have
had just about enough when the last two weeks now, emails have been flying
everywhere accusing staff of doing things wrong. This staff works hard for this
Council and this City every day of the week. And I'm standing up on their behalf.
I'm tired of these emails going out. I'm tired of people saying things. These
conspiracy people need to get a life. Fairhope is a better place because of what this
Council and these employees do for this City every day. But to have Dan Ames,
Gregg Mims, and others, Ken Eslava accused of doing something wrong, is just not
right. And being in politics, I understand I get accused of everything every day,
just probably like you do. But it goes over the line, when we start talking about all
of these conspiracy theories. And this memo that I'm going to hand out to the press
and others is what was in some of the evidence on the Dyas Case.
And I still go back, and all this goes back to September 2007 when they had their
plan of attack in place to how they were going to get that property rezoned. And
who were all the conspirators; here's the team: you had the Wallaces, you had
Jeremy Millings, you had John Whitespunner, Rebecca Burns, you had Christopher
Baker, Scott Hutchinson, you had lawyers Danny Blackburn in with the Dyases.
And you just have to read it all, but when it gets down to the back here when it
says, "When you screw with us at every future opportunity we're going to screw
with you. And we know how to do it because we have the skill and we're not shy
about spending a bunch of money to deal with this situation where folks have
screwed us." Well I'm telling you after four lawsuits and millions of dollars being
spent to defend this City, it's time for these people to be quiet and quit attacking our
elected officials and our dedicated employees.
And, even on their own deposition, where Eric Dyas openly states that he and his
family financially supported Chris Warner. And it's amazing to me that he and
others were meeting with our own Councilmember trying to explain to him what we
we're all doing wrong. That little conspiracy just keeps growing. And it's time for
it to stop. We haven't done anything wrong. And I just wanted to let the Council
know that. Thank You!
Councilmember Mixon thanked Mayor and said "I think the citizens of Fairhope
appreciate that. I think hopefully we can put that to rest."
Councilmember Stankoski addressed the City Council regarding the following
items:
1) Senior Bowl practice — He went to take a look and the field is in great shape. He
thanked the Senior Bowl Committee for allowing the South Team to practice in
Fairhope. The parking lot was just full of people and there was no parking over
there. This is a great event for the City.
5589
24 January 2011
2) Police Department was at the Senior Bowl providing security. I also attended the
Citizens Advisory Committee of the Fairhope Police Department and last year this
department answered 8,876 calls for service. They are doing an outstanding job.
3) School Feasibility Study — In the newspaper, the group who was pushing for a
separate school system said the City Council did not take a leadership role in the
process. I personally took offense to that comment and beg to differ. We paid for
the survey, we paid $25, 000 for it, and we hosted a meeting. And, I told them if
they had enough support and brought it to the Council; my vote would be to allow
the citizens to vote whether or not they wanted to fund a school system.
Council President Mixon asked about the Water & Sewer Study. Mayor Kant
said we met last week and they are putting something together to bring back to the
Council. He asked the Mayor to prepare a list of what you see for long-term and
short-term improvements for the infrastructure of the City; one year out, three years
out, and five years out, so we can throw that into the equation.
Councilmember Ford said after listening to all of the positive comments he
felt the City was in good shape.
City Administrator Gregg Mims addressed the City Council regarding the
following items:
1) He requested that the comments of Caine O'Rear, Mayor Kant, Chris Gill, and
Tut Wynne be made part of the record, verbatim comments and all of the
attachments. (Please find attachments inserted at end of these minutes)
2) The only comment he wanted to make about the lawsuit was he wanted to thank
the Planning Commission particularly for all they have endured in this process. He
wanted to thank the staff that's been involved in the process: the entire Planning
staff, particularly Jonathan Smith, and Jennifer Fidler for taking care and doing
their job; and doing the right thing.
3) Unfortunately, due to some emails and some other things, particularly one email
that went to a local elected official; my family and I will be forced to deal with that
separately.
4) Report on the firm handling our bad debts for utility accounts and citations:
some of the debts are from the mid 90s and the older the debt the harder it is to
collect. By the end of next week, this firm would have brought in $11,000 to the
City. The newer accounts will bring in more funds if collected.
5) Public Works did some work on Bancroft Avenue to Fairhope Avenue putting in
a sidewalk. The work took care of a hazard and it looks great.
5590
24 January 2011
6) Police Chief Press gave a report on the "Yellow Dot Program" which is an
initiative of the Fairhope Police Department, Sheriff Hoss Mack, and several other
municipalities are undertaking. We will issue upon request a yellow dot packet
which contains a yellow dot and emergency information request. A photo will be
taken free of charge and will be place in the glove box along with the emergency
information. The yellow dot is placed on the rear window. If the car is ever
involved in a crash, the yellow dot would notify the police department to look in the
glove box for identification.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to award Bid for Sludge Removal Services for the
Waste Water Treatment Plant (Bid No. 005-11). Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
RESOLUTION NO. 1735-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[ 1 ] That the City of Fairhope did request, receive, and open bids for Sludge Removal Services
for the Waste Water Treatment Plant (Bid Number 005-11) at 555 South Section Street in the
City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as follows:
Please see attached Bid Tabulation for
Sludge Removal Services for the Waste Water Treatment Plant
[3] After evaluating the bid proposals with the required bid specifications, Southern
Environmental, L.L.C., with the total bid proposal of $443,000.00 (estimated) per year, is
now awarded the bid for Sludge Removal Services for the Waste Water Treatment Plant.
Adopted on this 24th day of January, 2011
Oil,
y M. Kant, 1yor
Attest:
�sa A. nks, City Clerk
5591
24 January 2011
Wj
CITY OF FAIRHOPE
BID TAB i RECOMMENDATION
BID NO: 003.11
BID NAME: SLUDGE REMOVAL
BID OPENED:JANUARY 10, 2011
W
E
$10,000)
VENDOR
Bid Proposal
cut Exeed I Signed I
Notarized
Bid Price PER CUBIC
YARD
Addendum No i
signed end returned
BID BOND
SOUTHERN ENMRONMENTAL, LLC
YES
$90.00
YES
$10 000 CHECK
SYNAGRO SOUTH LLC
NO BID
NO BID
NO BID
WASTEEOUIP, INC
NO RESPONSE
NO RESPONSE
NO RESPONSE
RECOMMENDATION: Award bid to Southern Emironmental, LLC To the best of my knowledge this Is an accursts Bid Tabulation
for their 1190.00 per eubie yard. W ,p�f
an McCrory, Superinte Mn rWanr d Sewer Dept. Daniel P. Amp, Purchasing Manager
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to award RFQ for Pad Mount Transformers
for the Electrical Department (RFQ No. 002-11). Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
5592
24 January 2011
RESOLUTION NO. 1736-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request and receive RFQs for Pad and Pole Mount
Transformers for the Electric Department at 555 South Section Street in the City of
Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following RFQs were received and tabulated
as follows:
Please see attached RFQ Tabulation for
Pad and Pole Mount Transformers for the Electric Department
[3] After evaluating the RFQ proposal with the required specifications, HD Supply
Utilities, with the total RFQ proposal of $49,584.00 for 24 Pad Mounts and to Gresco
Utility Supply, with the total RFQ proposal of $9,240.00 for 12 Pad Mounts, is now
awarded RFQ No. 002-11 for Pad and Pole Mount Transformers.
Adopted on this 24th day of January, 2011
1M -
mo y M. Kant, ayor
Attest:
i4AHffaAs, ity Clerk
5593
24 January 2011
CITY OF FAJWK
RFO TAWTION AND R4001IMENDATKSN
RFO NO m1-11
PFO KWE PAD AND POLE MOUNT TRANSFORMERS
B&DOPENEO 12-MIO
I I
Snow RMe P4
.VENDOR 'va TInMM ; D*m IW
V,,p sl ,Sb : MAPOnawe PpMn
24W20laNm , IE—Wis0
I I Paw Man GRAND
Ptl Yan E&W Ptl You1 SK¢PAw Pdwan DoNey" IaM6All Paw ma Ma
EAKW Pow n IWA1 PAD
P. IEld1 P•iu Ted Pm TrinldmMlValy MARO.d* I P4E0 Pm TIWP. kONPOLF ...._ ..
. ..... ___—_
�—t— � m
YAYERHFCTItlC N/IlY 00WMP'IC.� SO Nn M
YES
1
to
{ 1.41M { SW Ii
{ twSo {n6u70
1 M
IS Mn
26Kn
M 1 '6 1e1n 1 •uw . _. --. ..
0 1 t 11311�3 SWN .—
10
f 3.O83117
370.om
_.
STIMATC.NEYCOIiAMY' —�� 75 Nr1 rt
. ~ So Ka
10
70 o
70
YES
1
10
to
1 2MC.
1 071Sm
t 7,otlm
1 .160.m
i!lAm 00
{ X1/000
1 14M
15 Ka
75 Kn
Se 1 f 50600 1 117000 II ItEN 1 7176t 00
56 h 1 Niml
S64m- _r _
6 { 7Lm
1 45400 3 11,fI1M f 4716m
u 75
�_.`_—
Kve
mKv
1m Kn
4.56
436
YES
10
1.NI.m
3 1651.m
1 1.74400
f 16.S70off
11//MM
ISKI.
75 Ka
11d6 / { 11 _
/l56
to
1 0176m
1 $171000
56
56
--
6 3 61em�{ I1Nrot 11MJ6 SINM _
1 1 N2 mT—SOSt m—ice— —^yel
Iii
ISKre
75Kre
CAEICO URRY SUI/EY lS K. 56
`SO Kn 56
YES
1
10
{ 14600
1 Imoo
{ swoo
111.10000
7.iSS.00
f nWm
_------
OELTORECT106C0MPSNY W - iS K;. 70
50KrH. =5b7a
15 Nn
2sx.
SaA
5670
6 1 1.7/10074mt 11XN'f 17 W6m
---I- ---_-
6 { 111070 3 70660m� (lel rau it
11111am
YES
/
10
1 730500
1 7.113m
1 /.nOm
1l7 /70m
1
%70
10
1 /ptlno
14Wm
~---- --�
:Np WIPIYURRlE1 ��—So Kn 70
AS
1
10
1 I23600
{ Iltlm
{ INIm
317NO.m
1 4MAM
ISKd
lS Nn
N
N
6
1
i 7400 1 146m 1 7o,1M.Y i WO
1 117m t 5.616.m'
--- Im Nn
70
10
1 1a100
171a1000
W
SO
1
B
t 7/1m { /4fi 110'{ 4,101M.f m.660m
3 N1m ; dUtm
—___-------------- T—
ITA{STATEUTEITY PROOte �IIC. SSKn � so
SO Ka so
1 5.711Bm
411.34m
{ N IM
ISKn
7SNv1
YES
1
10
1 121
{ 1,7NID
--"�ImKn w
o
t lram
1n.1mm
�AESQI10.—in
NeR
Plwdw
WR
NOR
_ _
RelpaMlT — _
Na P11pmM _ NeA _
YR1C011
SOEOMOMCOM_ �—jw
Y4STDM TAAM6f N0.
4LOM/A POYEII S{/PlY �NaP —
MI
NOR
IOSi11SWTAIgII /10 �N-
NOP
_ _
'- --
No R
_T_-
GPAl11AA fiFC11M0
Ne A
_��_—No a.rpanFe
NW.
NOfl
'— _—
_�Rl
NW I VMtOM MdM W6 MW. W prcMl rM N116 n dalMea
NO2 VWMbWMnmeM VMPIKo wnrldnllalllar
R ..Mm11 Arid Pd Merd 1-i w N0 I** UMIr
IM,YIMMMs,n WbW4N1.116d
AMMAINMMM1ee: AMM/ P1Y Wn/ Ilew M CIr4 Ul♦YSyd3
I/6M�«,MFM.bre M1�w N?M61
ToN aW deNMowg71 M u 1 N Mtl+mnM Od dA1Mm
d.G:/P�— iIr Zoe,
I l k l ZA14l
OMrM P Amu. PnlMlq MMMIM
Councilmember Quinn moved to address the following item not on the
printed agenda. Seconded by Councilmember Stankoski, motion passed unanimously
by voice vote.
Councilmember Quinn moved to authorize Human Resources to go out on an
RFQ for a study of competitive jobs in the area. Seconded by Councilmember Kingrea,
motion passed unanimously by voice vote.
5594
24 January 2011
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to award RFQ for Mandatory EPA and ADEM
Water Testing for the Water and Sewer Departments (PS003-11). Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
RESOLUTION NO. 1737-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request and receive RFQs for Mandatory EPA and
ADEM Water Testing for the Water and Sewer Departments at 555 South Section
Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place; after evaluating the RFQ proposal with the
required specifications, TestAmerica Laboratories, Inc., is now awarded PS003-11 for
Mandatory EPA and ADEM Water Testing.
Adopted on this 24th day of January, 2011
Attest:
Lisa A. anks, City Clerk
Ti of y M. Kant, V
ayor
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to purchase a Service Truck for the Sewer
Department. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
5595
24 January 2011
RESOLUTION NO. 1738-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope has voted to purchase a 2011 Ford F-250 Service Truck
GVWR 8600 for the Sewer Department and the type of vehicle needed is on the
Alabama State Department of Purchasing bid list and therefore does not have to be let
out for bid; and
[2] The following is the Alabama State Department of Purchasing contract
information:
Bid Number: T193-A
Service Truck
Bid Number: T195-A
Service Body
Ford F-250 Service Truck
Contract Number: 4011356
Cost is $ 19,457.00
Contract Number: 4011156
Cost is $4,058.53
Total Cost is $23,515.53 each
Adopted on this 24th day of January, 2011
1M.
to_t" M. Kant, yor
Attest:
r
Lisa A Hanks, City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to establish the procedure for Public
Participation for Non -Agenda Items. The motion was seconded by Councilmember
Stankoski. Councilmember Kingrea questioned the time being changed from noon to
5:00 p.m. Councilmember Quinn replied this particular part is alright, but she would
bring back the agenda item ordinance at the next meeting.
5596
24 January 2011
Councilmember Kingrea explained the reasoning for this resolution and that there
will be dialogue back and forth at this meeting. Council President Mixon questioned
the resolution in regards to Department Heads attending this meeting and concluded
that Department Heads are not required to attend. Councilmember Stankoski stated
that he has opposed this several times and not because he doesn't want to hear people.
He said it is redundant and there are procedures for getting on the agenda to be
discussed at the business meeting. Councilmember Ford commented we can try it
for a while and if it doesn't work. After further discussion, motion passed by the
following voice votes: AYE — Quinn, Mixon, Ford, and Kingrea. NAY - Stankoski.
RESOLUTION NO. 1739-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the following procedure is hereby established for Public Participation for
Non -Agenda Issues:
A "Public Participation" meeting shall occur at 5:00 p.m. prior to the first City Council
meeting of each month.
Each participant would get four (4) minutes to address his/her issue, then the appropriate City
Official (Councilmember, Mayor, Department Head) would have four (4) minutes to respond.
After the Official's response, the participant would have one (1) minute to rebut followed by
the Official's minute to respond to the rebuttal. The chair of the meet ing (the Council
President) could waive the time limits, if he/she deemed that necessary.
Each participant who wants to address an issue during "Public Participation" must sign in
with the City Clerk by noon of the day of the meeting; and state the issue he/she wishes to
speak about. The City Clerk can be notified via e-mail, fax, and letter or by signing in at the
City Clerk's office.
Adopted on this 24th day of January, 2011
mot y M. Kant, Ma or
Attest:
Lisa A. Hanks, Ci Clerk
5597
24 January 2011
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
a contract between the City of Fairhope and Mobile Baykeeper regarding the 2011
Grandman Triathlon. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
RESOLUTION NO. 1740-11
WHEREAS, Mobile Baykeeper serves a public purpose and the publicity that Mobile
Baykeeper gives the City of Fairhope is a public service; and,
WHEREAS, We, and Mobile Baykeeper, agree to work with the Mayor, and/or his
agent(s), advertise (regionally and nationally) and promote the City of Fairhope and
to enhance City revenues through economic development through its annual
Grandman Triathlon.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute contract between the City of Fairhope and Mobile Baykeeper for use of the
City facilities depending on availability and permission from the Rental Facilities
Manager; and resources including personnel, with a minimum rental fee of $150.00,
and subsidizing the cost of 14 Fairhope Police Officers.
ADOPTED this 24th day of January, 2011
kotv
M. Kant, Ma or
ATTEST:
, I .4e /-Z-1- --1
isa A. nks, Ci y Clerk
Councilmember Quinn moved to grant the request of Casi Callaway,
Executive Director of Mobile Baykeeper, requesting permission to serve beer at the
beach pavilion for the post race event and permission to close the Rose Garden late
on the evening of June 3, 2011. Seconded by Councilmember Kingrea, motion
passed unanimously by voice vote.
5598
24 January 2011
Councilmember Kingrea introduced in writing an Ordinance establishing the
City of Fairhope's Tree Ordinance which replaces and repeals Ordinance No. 1193,
Ordinance No. 1223, and Ordinance No. 1351. Since there was no motion for
immediate consideration, this ordinance will layover until the February 28, 2011 City
Council meeting.
City Council reviewed an application for a Beer and Wine On -Off Premises
License by Michael Pinzone, d/b/a Italian Downtown, located at 312 Fairhope
Avenue, Building A, Fairhope, Alabama. Councilmember Quinn moved to approve
the issuance of the license. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:00 p.m.
r
Lonnie L. Mixon, Cotfncil President
6;Lisa A. anks, CMC
City Clerk
5599
24 January 2011
OATH OF OFFICE
MUNICIPAL JUDGE
STATE OF ALABAMA )(
COUNTY OF BALDWIN )(
CITY OF FAIRHOPE )(
I HAYMES SNEDEKER , solemnly swear that I will support the Constitution of the
United States and the Constitution of the State of Alabama, so long as I continue a citizen
thereof, and that I will faithfully and honestly discharge the duties of the office of Municipal
Judge upon which I am about to enter, to the best of my ability, so help me God.
(Signed)
-4
Sworn to and subscribed before me this 24th Day of January, 2011.
i
(Signed) i
Jirdes H. Reid
Circuit Judge,
28`h Judicial Circuit
State of Alabama
5600
24 January 2011
MEMORANDUM
TO: Jeremy Milling
FROM: EJD
DATE: September 28, 2007
RE: Rezoning
Following our conversation on Thursday, I have been spending a considerable amount of
time giving thought to how best, from my perspective, to skin the rezoning cat.
Team:
Wallaces
Whitespunner— Jeremy, John, Rebecca, others?
HMR — C. Baker, Scott Hutchinson, others?
Lawyer— D. Blackburn, A. Chason?
Architect — Mac Walcott?
Dyases
Targets:
A. Planning Staff: Gregg Mims; Glenn LeRoy (Gregg had recommended that C. Baker get
him on board) — the whole process is made easier if the planning staff/developer of the
comp plan is supportive of what's being done.
B. P&Z Commission (11.5 & 12.3)—need 5 max. The keys here are Kant (he's can have
significant say over 8 of the 9) and Gentle; arguably if we don't get either one we have a
problem; Gentle is the more consequential of the two.
1. Tim Kant — Mayor
2. Bob Gentle — Council President
3. Dan McCrory — Superintendent of Water and Sewer Department
4. Jean Wilson — PC Chair (appointed by Mayor)
5. Dick Charles — PC Vice Chair (appointed by Mayor) — watch out for him; big
supporter of AC
6. Bob Clark — appointed by Mayor
7. Lee Turner — appointed by Mayor— he's the voice that puts AC in his place (i.e.
"your beef is pretty transparent; you want us to take sides? You think it's OK for
us to do that for you and not for them? Don't know about the rest, but 1 don't
want to be on the receiving end of that lawsuit. There's no significant change to
what we already approved. Etc.")
Charles L. Dyas, Jr., et al v. City of Fairhope, et al Plaintiffs000377
Redd 1017/08 and Prod. 1018108
5601
24 January 2011
A. We were told Publix wasn't going on his property no matter the
circumstances.
We didn't screw with you when you sought your zoning (subtext — we
can't believe you're going to screw with us):
• Box issue —they wouldn't give it to us.
• Sign issue — failed to post signs.
• RCPOA — recused and recommended a levelheaded approach.
We're interesting in figuring out a way where we don't end up at each
other's throats long into the future (subtext — you screw with us and at
every future opportunity, we're going to screw with you (and we know
how to do that with some skill and are not shy about spending a bunch of
money to deal with situations where folks have screwed with us)).
Don't forget the B-2JPUD issue.
A lawyer or lawyers need to be in the mix so that the point can be made (it'll
require some effort to make sure that it is made deftly) that treating this property
differently from the property across the street won't be taken lightly.
4. Be on the lookout for AC -related objections dressed in BS clothing (e.g. "we're
OK with a box but it needs to be in a place that they know won't work").
Charles L. Dyas, Jr., at at v. City of Fairhope, at al Plaintiffs000379
Rec'd 10M08 and Prod. 1M108
5602
24 January 2011
Dyas, Eric Jonathan - Corrected
Page 346
1
Q Okay. Let me direct your attention to
1
2
the first bullet point there. If you could just read
2
3
into the record the sentence beginning with however.
3
4
A This is in the first bullet?
4
5
Q Yes.
5
6
A You want me to read it?
6
7
Q Yes.
7
8
A However, I reminded Sean ofthe
8
9
contents of Don Brady's letter with respect to the
9
10
purpose ofthe comprehensive plan, its flexibility,
10
11
and its use as a mere guide for development. Sean
11
12
said that those type of statements with respect to
12
13
comprehensive plans are, in fact, accurate and that
13
14
the city could use those facts to get around this
14
15
particular language. However, Sean did express
15
16
concern that neighboring residents could contest the
16
17
validity ofthe decision even ifthe city were to
17
18
take advantage of that, quote, wiggle room --
18
19
Q Okay.
19
20
A -- period, close quote.
20
21
Q All right. Let me ask. Don Brady was
21
22
with the South Alabama Regional Planning Commission
22
23
at that time; is that correct?
23
Page 347
1
A I believe that he was.
1
2
Q And, in fact, they had worked on the
2
3
Fairhope comprehensive plan at some point in time?
3
4
A I think he had.
4
5
Q And you were using his language to
5
6
argue the point that was in agreement with his
6
7
language that a comprehensive plan is a flexible
7
6
document and its use is as a mere guide for
8
9
development; is that correct?
9
10
A Yeah. The comprehensive plan that was
10
11
in place at the time, if I recall. Initially, maybe
11
12
back in'95 or so -- no, I think maybe in'92,'91,
12
13
or something, it said that there should be no
13
14
commercial development on the north end of town.
14
15
And then Arthur Corte's property was
15
16
annexed and then it was rezoned B2. And then the
16
17
comprehensive plan was changed, I think, subsequent
17
18
to that, maybe in'95, to say, because there's now 52
18
19
acres of B2 on the north end of town, no more should
19
20
be permitted.
20
21
We were attempting, 1 think, to point
21
22
to the existence of, you know, the commercial across
22
23
the street that had been approved, you know, as an
23
Page 348
argument as to why, you know, what it is that we were
proposing across the street wouldn't be a problem.
Q And, in fact, Sean, your consultant,
stated that those types of statements, that is,
comprehensive plan is flexible and it's used as a
mere guide are true and accurate?
A As I said before, I think as a general
matter, it's true, but I think when the city denied
our application, if memory serves, they denied it in
part because it was not consistent with the
comprehensive plan, which said, we've got 52 acres of
B2 up there. We can't permit any more.
And 1 think that proposal in'97 had
maybe 18 acres or so, 19 acres of B2, literally right
across the highway from where that B2 was. It was on
the North ofthe Triangle property, just south of Fly
Creek.
Q Would you consider the approval of the
Village North PUD in 2001 and 2002 to be a violation
ofthe Fairhope comprehensive plan in light ofthe
existence of 52 or 53 acres of 132 across U. S. 98?
A No, 1 wouldn't.
O Do you know Paul Rion?
Page 3491
A Yeah, I have met him.
Q Do you know Chris Warner?
A I do.
Q Are they and have they been constant
critics of the construction of the Fly Creek center?
A I know that they both have -- have been
fairly strident critics of the Fly Creek PUD.
Q Uh-huh. Have you met with them about
that issue?
A I'm trying to think if 1 have met with
Paul. 1 met him during the campaign. He was, you
know, all about clean sweeps and such, because he's
apparently a resident across the street of Parker
Road, from the Fly Creek development and has been
pretty agitated about it.
And I have met with Chris Warner
probably on two or three occasions. It was
during the -- during the political campaign.
Q Did you support -- he ran for mayor?
A lie did run for mayor.
Q Did Paul Ripp run for mayor?
A No, I don't think -- 1 don't think he
was. He didn't run for any office?
88 (Pages 346 to 349)
HENDERSON & ASSOCIATES COURT REPORTERS, INC.
P. 0. BOX 2263, MOBILE, AL 36652 (251)694-0950 (888)557-2969
5603
24 January 2011
Dyas, Eric Jonathan - Corrected
Page_ 350
1
Q Did you support Chris Warner
1
2
financially for mayor?
2
3
A 1 did.
3
4
Q Did any other members of your family
4
5
support him?
5
6
A Yes, they did.
6
7
Q Okay. He ran against Tim Kant and
7
8
others?
8
9
A He did, yeah. 1 mean, there were a
9
10
number of mayoral candidates that I supported. Tim
10
11
wasn't one of them.
11
12
Q All right. This group -- is he a
12
13
member -- what's the name of the group? Citizens for
13
14
Responsible Fairhope, or something like that?
14
15
A Who?
15
16
Q Paul Ripp and Chris Warner. Are you
16
17
familiar with that group?
17
18
A Who and what group?
18
19
Q Are you familiar with the group called
19
20
Citizens for Responsible Government or Citizens for
20
21
Responsible Fairhope, or something of that nature?
21
22
A Not really.
22
23
Q Have you actually drafted letters or
23
1
presentations for either Paul Ripp or Chris Warner
1
2
with respect to criticism of the Fly Creek PUD?
2
3
A Not for -- not for Ripp. Again, my
3
4
connection to Paul has been very limited. I think
4
5
there was a time when Chris Warner had prepared a
5
6
document that he was attempting to use to some good
6
7
effect in his political campaign that he asked me to
7
8
look at, and that I did and that 1 provided some
8
9
feedback on with respect to -- to the -- it involved
9
10
the Fly Creek PUD.
10
11
And 1 think the essence of it was he
11
12
was, I think, believing that he could use it to the
12
13
political disadvantage of two of his adversaries, one
13
14
being Bob Gentle and one being Tim Kant.
14
15
Q And you were all in favor of that?
15
16
A Oh, absolutely.
16
17
Q Are you using Paul Ripp or Chris Warner
17
18
to assist you in any way in this lawsuits?
18
19
A Not at all.
19
20
Q Are you encouraging them to continue
20
21
public criticism ofthe Fly Creek development?
21
22
A Not at all.
22
23
Q When is the last --
23
Page 352 1
A I'm sorry.
Q Pardon me. Do you have any financial
or business relationship with either of them?
A None at all.
Q When is the last time you spoke with
either one of them?
A Probably the last time I spoke to Chris
may have been a couple of weeks ago. Maybe. Paul
Ripp, I can't even tell you. Probably --
Q What did your conversation relate to a
couple of weeks ago with Chris Warner?
A You know, Chris calls me with a
reasonable amount of frequency just to tell me what's
going on in the world. And it frequently relates to
things -- you know, almost exclusively relates to
things going on in Fairhope.
Q What was your conversation about
two weeks ago?
A I really don't remember. I mean, I
just don't know the specifics of it.
Q Is there a contention in the lawsuit
that relates to whether or not a roundabout is built
near the Village North PUD?
Page 353
A Is there a -- a contention that one
would be or should be?
Q Well, tell me, what your under -- is
there a contention in the lawsuit that concerns a
roundabout?
MR. McDONALD:
1 object to the form. The lawsuit will
speak for itself. We have a complaint on
file, but you can tell him to the extent --
BY MR. O'REAR:
Q Well, your understanding of the claim.
Based on your understanding of the claim, is there an
issue in this lawsuit about whether or not a
roundabout will be built?
A I'm not sure that there's a sort of a
claim that sort of relates to that. I mean, it was
our understanding that one would be built when we
went through the rezoning process.
Q And is this a roundabout that is
depicted on a site plan for Village North PUD that is
somewhere halfway between U. S. 98 and then the
intersection of Veterans Drive and 104 and Scenic 98?
A No. I was referring to sort of the
89 (Pages 350 to 353)
HENDERSON & ASSOCIATES COURT REPORTERS, INC.
P. 0. BOX 2263, MOBILE, AL 36652 (251)694-0950 (888)557-2969