What? - Triangle Lawsuit Details Exposed
March 28, 2014 THE Ripp Report #10
“What?”
Your mayor, city council and local press, who have been notified of the documents available, are not telling you the truth. Please consider the following 20 items:
• If you speak more than three minutes during a city council meeting with no other citizens present during public participation, you will be escorted by the police chief, from the podium.
• This can be verified by going to the following link and watching my testimony on video: http://www.cofairhope.com/city-government/city-officials/city-council-live (@ 1:08 mark).
• I used the Freedom of Information Act to request documents from the City. The City was reluctant to release these documents—until I threatened a lawsuit. Upon receiving the documents it became perfectly clear to see the patterns between the BP Boom Scandal and the Publix Project—with hiding documents to deceive the public.
• The first document was a list of hand-picked merit raises by the mayor that was never made public nor addressed in the budget highlights for this fiscal year. The second document was the minutes of the April 8, 2013 council meeting. The first issue is councilman Ford requesting an addition to the agenda that was not printed that authorized the mayor to enter into a conditional settlement agreement involving the Triangle Property.
• In attendance at this council meeting was Hand-Arendall attorney, Cain O’Rear, Thompson Engineering, the mayor and the full city council. Who was not present at this meeting? YOU! No citizens of Fairhope were ever allowed to openly comment on a $12.5 million expenditure. However in the minutes the council acknowledges they need public input and public authorization for the mayor to go forward with an agreement. This was totally ignored. There was no public participation.
• In December, still with no public hearing, and no public participation, the council entered into an agreement settlement involving the Triangle lawsuit.
• The third document involved the conditional settlement agreement established at the April meeting and the final settlement conditions agreed upon by both parties. The conditional agreement specifically states that the property cannot be used for commercial or industrial use. This is what the press has reported and this is what the council members have told everyone. However, the final agreement states that it may be used for any use, conditioned upon the PUD and Planning & Zoning of the City of Fairhope. Remember, this is a lawsuit settlement!
• What this means: For years the Dyas Family was conditionally denied use of this land—their land. Now, the City has purchased the land and says it has the right to do the same thing they denied the Dyas Family. We, the taxpayers, paid $3 million in attorney fees for this fraud.
• The ruse concocted by Cain O’Rear of Hand-Arendall, Thompson Engineering, the city council and mayor and NOT YOU—is to use Thompson Engineering’s $30,000 study, “The Fly Creek Watershed Restoration Plan,” as the basis for application of BP Restore Act funds totaling $22 million ($22,000,000 U.S. Dollars).
• The Thompson Engineering “cut and paste” report does not identify any specific problem with Fly Creek Watershed. Further, it conveniently omits that the only problem with the watershed is the damage caused by Publix developer Arthur Corte, who filled the Creek with red clay and who coincidentally owns the majority of the same Fly Creek Watershed.
• Fairhope’s proposal is to use BP Restore Act Funds that they do not have to settle a lawsuit without divulging any of the above facts.
• Let’s not forget at this juncture that the mayor has already been to a grand jury involving him and Senator Trip Pittman and they both are being investigated by the BP Fraud Division. Additionally, the mayor personally and the City are being sued by our former city insurance carrier, AMIC, for excessive legal fees related to the Dyas Lawsuit and misrepresentation by the mayor. This case is due to go to court in November, 2014.
• How does this affect our city budget? The mayor and council, with the assistance of the lazy press, have failed to give you the key details necessary to understanding this mess.
• Not only does the budget highlights not identify merit raises, it also omits $3 million taken from “utility reserves” to make the down payment on the Dyas property. It also does not acknowledge the $5.75 million new debt loan from Compass Bank.
• Recently the City paid a 2009 warranty debt of $1.7 million. This came from the General Reserve Fund. So, what is not in the budget is $5 million paid out since January in cash of city funds and $5.75 million in new debt.
• The City of Fairhope tax-paying citizens were never given the opportunity of saying one single word about the purchase, the negotiation or their concocted BP restoration plan for Fly Creek.
• This is because Fairhope is not a working democracy.
• Tim Kant is our King.
• Whether you agree or disagree with the purchase of the property, you certainly should have been given the opportunity to voice your opinion.
• The ripple effect of this undocumented $10 million is going to be lost opportunity; such as soccer fields, a field house, a private education system, etc. Also, watch your utility bills. They have to make up the hole in the budget.
In closing: Since you did not get the opportunity to even have knowledge of these facts about your public business, take the opportunity now to ask your elected mayor and council what the hell is going on.
Use this email: [email protected] It goes to all six of them.
Francis Paul Ripp, USMC
High Ridge Road
Fairhope, AL