Fairhope council overturns mayoral veto

Fly Creek Apartments move forward

By Cliff McCollum
Posted 5/3/17

Fairhope’s city council overturned Mayor Karin Wilson’s veto of a time deadline extension for the controversial apartment complex project on Fly Creek.

Before the vote, Wilson said she vetoed …

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Fairhope council overturns mayoral veto

Fly Creek Apartments move forward

Posted

Fairhope’s city council overturned Mayor Karin Wilson’s veto of a time deadline extension for the controversial apartment complex project on Fly Creek.

Before the vote, Wilson said she vetoed the ordinance because she had several concerns the development was not in Fairhope’s best interest.

“I vetoed the ordinance because the developer removed the self-imposed drainage system that the former council approved,” Wilson said. “The outside engineer the city hired was not hired for an opinion on whether or not this would work, but whether this drainage system matched our regulations.”

Wilson said another reason for her veto came over the weekend, and involved the deeding of several acres of wetland to the city from property owner Arthur Corte.

“The former city council accepted on October 24 a deed from property owner Arthur Corte dated October 21 for three acres of wetlands,” Wilson said. “That is Exhibit A, which I found at the courthouse. Prior to the council’s vote, the deed had already been recorded and filed at the probate office.”

Wilson said she believed the property could ultimately be a liability for the city and questioned the manner in which the deed transfer was handled, promising a full investigation into the matter.

“This was not done in a way that was transparent, and absolutely should not be the city’s liability,” Wilson said. “There is no benefit to the city owning over three acres of wetlands.”

City Attorney Marion “Tut” Wynne said the acreage in question was a part of Lot 6-C in the subdivision plans and it was already on a recorded plat that had come before the city’s planning commission.

“I don’t know what Exhibit A is, but Lot 6-C was clearly described in the recorded plat,” Wynne said. “It’s not anything that was hidden. It went in front of the planning commission and in front of the council. It was part of the public record all the way through.”

Wynne also disagreed that the wetlands could be a liability for the city.

“I don’t accept the premise that was put out there that it puts out a great liability on the part of the city,” Wynne said. ‘Just owning wetlands doesn’t necessarily create liability. The city needed part of the property for the sewer line to go through there. The fact that the city accepted a gift of wetlands does not allow everyone on Fly Creek standing to sue the city.”

Wilson again questioned the transparency of the action, getting into an exchange with Wynne.

“Y’all are trying to make a big deal that someone left an exhibit off of one resolution,” Wynne said. “I don’t think it’s a big deal. Go get another opinion, Mayor. If you don’t get the opinions you like, you always just go get someone else.”

Council President Jack Burrell concurred with Wynne.

“If something was left out, it was likely an accident, and there is no hidden agenda,” Burrell said. “There is no good old boy network. There’s not a conspiracy here.”

The council then discussed overriding the veto, with many giving the same answer they had for passing the extension in the first place.

“Since it was approved, we have to give them the year that we promised them,” Burrell said. “If I do find there was something going on behind the scenes, I would do everything within my power to rescind that sunset extension. Until such time that’s it’s proven, I think I will stick on the side of fairness.”

The council voted 4-1 to overturn the veto, with Councilman Jimmy Conyers providing the sole nay vote.