Fairhope council president combats bid rigging claims

By Cliff McCollum
Posted 2/8/17

Fairhope Council President Jack Burrell has allegedly been the subject of several complaints filed with the Alabama Ethics Commission regarding his involvement with a bid submitted to the Fairhope …

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Fairhope council president combats bid rigging claims

Posted

Fairhope Council President Jack Burrell has allegedly been the subject of several complaints filed with the Alabama Ethics Commission regarding his involvement with a bid submitted to the Fairhope Airport Authority.

Local blogger Paul Ripp provided a 34-page supplement to a complaint he filed with the Alabama Attorney General’s office, the U.S. Attorney’s Office, the 28th Judicial Circuit and the FBI office in Mobile.

In that complaint, Ripp said he “has no confidence” in the Alabama Ethics Commission and appealed to those offices to pursue a formal investigation.

“The council president was part of a two man ad hoc committee selecting the most qualified bid for a lease hangar space,” Ripp wrote. “All of these gentlemen share a common friendship away from the airport. An official investigation should reveal the scope of their business relationship. It is a classic case of the Ethics Commission being played by individuals that manipulate the Commission with their own Advisory opinions.”

Ripp alleges the RFP process for a hangar lease at the Fairhope Airport was “grossly flawed and gerrymandered” by Burrell to be awarded to Ray Hix, who sits as a member on the Fairhope Airport Authority.

Burrell said he did not take part in writing the RFP and was asked by the Authority’s chairman to simply review the bids as they came in.

“The RFP was written by the chairman, and I had no hand in that,” Burrell said. “Just like with RFP’s done by the city – I certainly review them but I don’t tell city staff how to write them. The chairman asked us to review the RFP, review the bids and come back with our recommendation, which is exactly what we did.”

Ripp alleges Burrell “aided and abetted” Hix in rigging the bid.

“We have received reliable information that Mr. Burrell (sometimes accompanied by his wife) has made numerous flights on aircraft provided by Hix/Snedeker aircraft aka Mid Bay Air LLC while an elected official.”

Burrell denied this claim, adding that, to his knowledge, his wife had never even been on any type of private aircraft.

“That claim is just patently false,” Burrell said. “I’m not certain he can prove those claims because they never took place.”

Ripp claims that of the three bids for the hangar space, “two bidders were not qualified and did not meet the guidelines to bid set by the Authority,” a claim Burrell said is just not true.

“Their bids weren’t tossed out at all,” Burrell said. “Vince Boothe and I considered all of their proposals when we went through the review we were asked to do by the chairman. We treated each bid as if they were fully qualified and tried to make a decision that would bring the most money to the Authority, which is exactly what we did.”

Burrell said the three bids came in close to one another in construction costs and that the real difference came in the amount of fuel flow estimated in each proposal.

Documents shown to The Courier revealed Kel Jones’ bid from Executive Aviation came in with actual fuel numbers of 25,000 gallons, with an estimated 40,000 gallons possible with the new project. Terry Chapman, another bidder, had projected fuel flow of 45,000 gallons. Hix showed actual usage of 85,000 to 95,000 gallons and predicted a 20 percent increase in fuel flow once his upgrades were completed.

Burrell sent several emails to Boothe and Airport Authority Chairman Joe McEnerney where he wasn’t certain that Hix’s inflated estimates would be the best way to measure the potential bid numbers.

“I asked that we lower Hix’s estimate to the actual usage 85,000, making it more conservative than what he suggested his flow might be,” Burrell said. “At that same time, we allowed Kel to use his estimated number of 40,000 gallons instead of the actual number of 25,000. If I was really trying to rig something in Ray’s favor, why would I consistently be questioning the bid and trying to lower his fuel flow numbers?”

While Ripp alleges Executive Aviation’s bid was “by far the most qualified,” Burrell said the numbers showed Hix’s bid came in almost 21 percent higher.

“It’s about $6,000 a year more, which is not a small amount,” Burrell said. “Even without the fuel flow, it was still a larger amount, almost 11 percent higher. Those were the numbers the bidders submitted, and we made our recommendation to go with the bid that offered the Authority the most money.”

Burrell said he and other Airport Authority members were currently negotiating with the FAA to try to find grants and funds to be able to provide further expansions to the airport facility that could accommodate the other bidders.

“We want to find the space for all of them,” Burrell said. “We are always consistently looking for ways to expand and improve our facilities out there.”

When asked why Ripp might allege wrongdoing on his part, Burrell said he had a long history of Ripp being angry with him over various decisions he had made or ones Ripp had wanted him to make.

“I have always been independent, and I think that’s served me well,” Burrell said.

Burrell said he was aware of the numerous complaints filed against him by Ripp, but said he felt the truth would show he had nothing to hide.

“I always try to act in the best interest of the city and the people of Fairhope, and that’s exactly what was done here,” Burrell said. “We helped create a lease that gives more money to the Airport Authority and brings in more business every year, which benefits us.”