Fairhope opposes pending legislation

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FAIRHOPE – Several bills now before the Alabama Legislature could have an adverse effect on the city of Fairhope, City Council members said.

The legislation includes creating a Barnwell Historic District, removing extraterritorial jurisdictions and changing the state public records law.

Mayor Karin Wilson said she did not object to creating historic district for Barnwell, but the proposed legislation would restrict future growth in Fairhope.

“Nobody has a problem with Barnwell creating a landmark district, it’s just what is making up this district is most of the unincorporated area south of our incorporated limits,” Wilson said. “It’s 44 square miles. It includes other areas that have existed that have existed long before Barnwell including parts of Point Clear, Clay City, Battles Wharf, Houstonville or Tatumville, Marlow and Fish River. It’s something that needs to be more defined. It’s something that needs to be a more formal way by which you would define a district.”

Council President Jack Burrell said the district includes much more than the historic community of Barnwell.

“If you look at a map, just to be honest, it’s absurd,” Burrell said. “It’s really absurd.”

House Bill 208, sponsored by Rep. Joe Faust, R-Fairhope, would not allow a municipality to annex any part of the new district. The bill was introduced on Feb. 11 and is pending a final vote in the House of Representatives before moving to the Senate.

Wilson also said a bill introduced by the Fairhope area senator would also restrict growth in Fairhope.

Senate Bill 142 would abolish extraterritorial jurisdictions for any city or town in Alabama and would restrict police and planning authority to within the municipal limits. The bill was introduced Feb. 6 and in pending a final vote in the Senate before moving to the House of Representatives.

“It eliminates a municipalities ability to exercise an extraterritorial jurisdiction or all of our extraterritorial jurisdictions including our planning jurisdiction and as the fastest growing city in the fastest growing county, to me that just does not make sense,” Wilson said. “To me, we need more tools, not less.”

The council also voted on Feb. 27 to approve a resolution opposing Senate Bill 57. The bill, sponsored by Sen. Cam Ward, R-Alabaster, would create a new Open Records Law for Alabama.

Fairhope City Clerk Lisa Hanks said the law would create additional burdens and expenses, particularly for small towns with small staffs.

“It’s going to be a huge unfunded mandate on all municipalities,” she said.

The bill was introduced on Feb. 4 and is pending action before the Senate Governmental Affairs Committee.