FREE SPEECH
Hard to believe a week later we are expecting another hurricane, IRMA, headed towards the United States. Landfall is expected in the Miami area and the destructive route may travel through the entire state of Florida. Please pray for those in Irma’s path and be prepared to help those in need as the storm passes.
Baldwin County can expect yet another influx of people as a result of hurricane Harvey and hurricane Irma. We are geographically centered between both storms and can certainly expect storm immigrants. We should welcome them with open arms but we should also open our eyes to growth and infrastructure.
FREE SPEECH
What does it mean to you? Well on the same day the trade towers fell in New York, Sept 11th 2001, the Fairhope City Council will decide who is allowed to speak and who is silenced. Monday Sept 11th 6:00 pm City Council Chambers. Be Heard or be Silenced.
The City Council has obstructed the Mayor from doing her job, at our expense. The Council also betrayed the entire city with election promises of stopping the development on Fly Creek, they paved the way for the developer.
It’s not over till the fat lady sings, Fly Creek Apartments may see yet another legal challenge by citizens concerned over the future health of the creek, the bay ,our quality of life and property values.
This Lagniappe article is a fair assessment of current events in Fairhope and should wake some people up or at least educated them on what is going on:
A very unfair depiction is the letter to the editor of the Courier. Chuckee, the editor of the tabloid coupon paper, has been on a tear to print anything and everything negative about the Mayor Of Fairhope. His “inside” sources in Fairhope, it is a secret but it’s Jack Burrell, provide him the fodder. Journalism is vacant, misquotes, no quotes, fabrication, anonymous sources and speculation riddle most articles. Chuckee often leaves out certain details and clarifications that may coincide with his agenda to discredit the Mayor.
WHO THE HELL IS MIKE TURNER?
CHUCKEE did not clarify that Mr Turner is married to Pam Caudill a long standing board member of Fairhope Airport Authority, FAA, and dear friend of Jack Burrell another board member. He also failed to mention Pam is friends of Ray Hix another board member who shares ethics charges with Jack. Jack Burrell blocked the Mayors choice for the Airport Authority board member that would have replaced Pam Caudall.
Mr. Turner wants you to believe that his letter has nothing to do with Jack or the Airport. You have to be pretty damn stupid not to see through his false narrative. He claims to be an investigator of white collar crime in another life while he enjoys singing country western music in his present life. I hope he can sing better than he can investigate, see or read. Since he fell back into his past life to write this letter to the editor let me take a moment to suggest a few more things he should investigate, real close to home.
1. Your wife, Pam was on the board of the FAA when Mr Hix submitted his RFP, Bid, for a lease on an airplane hanger. She knew Mr Hix had inside information about the FAA since he had been a board member prior to his bidding. 2. Your wife, Pam has an aviation background in fact Jack Burrell said she was very knowledgeably, and has his back, and he had complete trust in her. However she failed to see that the RFP contained false information , provided by Mr. Hix. He claimed on the bid form that he owned more planes than he actually did and his fuel usage was grossly overestimated. Both these facts assisted Mr Hix in securing the bid. 3. As a board member your wife so no conflict of interest in Mr. Burrell flying free in Mr. Hix’s jet prior to Mr Burrell overseeing and selecting Mr Hix as the winner. 4. Your wife so no problem with Mr. Hix not complying with the construction requirements set out in the RFP. 5. Your wife so no problems handing out special provisions for Mr. Hix to have is own fuel farm, something now being considered as foolish and counter productive to the fixed based operator who sells fuel.
Truth is Mike the whole FAA board turned a blind eye for their friends and fellow board members and are equally guilty of betraying the public trust.
Mike use those investigative powers and answer these questions and while your at it consult with Jack on the enclosed timeline: Since your so damn experienced in white collar crime lets see if you can understand FACTS. I will buy you a new guitar or give you the 5000 dollars that I have offered to the public if you can prove the timeline is totally inaccurate. You better stick to music maybe a Song about Chuckee and his failed and frustrating love life. How about:
I AM CHUCKEE AND NOT LUCKEE
Thanks Mike for giving me the opportunity to again publish the timeline of events that surround the dirty dealings at the Airport that have cost Fairhope Millions. The council knows this to be true but does not want anyone in, public participation, to state the facts for the record.
Timeline Fairhope Airport Authority
December 16th 2015 Request for Advisory Opinion from the Alabama Ethics Commission, submitted by Dennis R. Bailey ESQ, of Rushton, Stakley, Johnston and Garrett, on behalf of Mid-Bay Air, LLC. The submittal includes Exhibit C-” GROUND LEASE AND OPERATING AGREEMENT”, DATED THE 21ST DAY OF December, 2015. How did he send a lease dated the 21st on the 16th ? Exhibit C is the unsigned 21st lease, provided by Bailey to Ethics Commission in the form of the Request for Advisory Opinion.
December 17th 2015 Ground Lease and Operating Agreement, under Article XLVII, Limited Personal Guaranty, is the subject title. This is signed by H. Ray Hix as “Limited Guarantor”, as well as Joe McEnerney, as Fairhope Airport Authority “Board Chairman” and Attested by Joshua P. Myrick, Fairhope Airport Authority “Attorney/General Counsel”.
December 17th 2015 Memorandum of Lease, notarized and recorded at the Baldwin County Probate 12/28/15. This Memorandum is signed by Joe McEnereney, as Fairhope Airport Authority “ Board Chairman”, as well as H. Ray Hix, as “Operator”, on behalf of Mid -Bay Air LLC.
December 21st 2015 EXHIBIT C [Ground Lease and Operating Agreement] sent to ethics commission unsigned and different than Dec 17th lease. The 21st lease, under Article XLVII, “ Personal Guaranty” is the subject title, whereas, on the Dec. 17th lease the title is “Limited Personal Guaranty”. Both the Dec. 21st and the Dec. 17th leases contain title XLVII “CONTINGENCY FOR ETHICS OPINION”. the Dec. 21st Lease lists the title as CONTINGENCY FOR ETHICS OPINION the same as the Dec.17th lease however the sentence, “In the event of cancellation under this article only, the Authority will refund the security Deposit set forth in Article VII.”, appears in the 17th lease and is omitted in the 21st lease which was presented as Exhibit C. Clearly two separate leases.
Also the signature pages of the two leases are different, as the Dec. 17th, executed lease, is signed by “Limited Guarantor”, H. Ray Hix, through the Dec. 21st lease, which was submitted to the Ethics Commission, states “Guarantor”.
Letter of engagement, from Dennis R. Bailey ESQ, of Rushton, Stankley, Johnston and Garrett dated February 2, 2017, submitted to Mr. Joe McEnereney [Fairhope Airport Authority Chairman], regarding representation related to “Potential Claims against Francis Rip [sp] by Fairhope Airport authority”. Being as the same Dennis R. Bailey ESQ submitted Exhibit C, Dec. 21st lease to the Ethics Commission, a lease that is absolutely not one in the same, that which was already executed on Dec. 17th and recorded as a memorandum of Lease on 12/28/15. http://www.deltacomputersystems.com/TEMP/PDFWEB/AL05/AL05/O3022/O3022016.PDF
How can the Fairhope Authority engage Mr. Bailey, as he truly has a major conflict of interest and lacks credibility. Mr. McEnereney said the purpose of hiring Mr. Bailey was “to head off any Ethics complaints involving Fairhope Airport Authority or it’s members”.
The Ethics Commission was contacted by a Fairhope resident who inquired about the lease’s in question. The Resident had every expectation of confidentiality, however later learned their information was shared by the Ethics Commission and Mr Dennis Bailey ESQ. The same Mr. Bailey hired by the Fairhope Airport Authority to quash any investigation involving his client or clients.
Feb. 3 2016 Ethics Advisory Opinion: http://ethics.alabama.gov/docs/pdf/AO2016-04.pdf.pdf “A copy of any contract/lease agreement entered into between the Board member and the Airport authority must be filed with the Alabama Ethics Commission within 10 days of it’s having been entered into.” Entered into would be signed and notarized which happened Dec 17th 2016. https://rippreport.com/p/whos-on-first/
Feb. 8th 2016 EXHIBIT C was submitted to the Ethics Commission, that lease is dated Dec.21st and is different than the recorded lease Dec.17th
March 20 2017 The Affidavit by Joe Mc Enerney, Board Chairman, Fairhope Airport Authority, filed Probate, Baldwin County, 3/20/17 Clearly references Ground Lease and Operating Agreement dated Dec 17th 2015, as well as “that certain Memorandum of Lease dated December 17th, 2015”. The Dec. 21st lease however was the lease submitted to, and confirmed by the Ethics Commission, as being the lease sent for approval. http://www.deltacomputersystems.com/TEMP/PDFWEB/AL05/AL05/Q3334/Q3334532.PDF
The Ethics Advisory Opinion stated, under FACTS and ANALYSIS: “It should be pointed out facts regarding RFP’s the letting of bids, etc. Occurred prior to this opinion being requested. The question is prospective in that while the bid process had been completed and Mr. Hix’s company was the successful bidder, the contract has not been signed, pending review by the Alabama Ethics Commission. Execution of the lease is contingent upon a favorable opinion from the commission.” The 21st lease was unsigned. The 17th lease was signed and executed, so the 17thlease does not comply with the Ethics Advisory Opinion.
These documents alone prove that the request for Advisory Opinion from the Alabama Ethics Commission on Dec. 16th 2015 contained false documents.
ADDITIONALLY: Their is an abundance of facts, documents and actions by the Fairhope Airport Authority that the RFP process was tainted and that Board members used inside information to better position themselves to obtain a lease.
The question at hand is not just the violation of the Ethics Advisory Opinion, it also involves the RFP process, which was manipulated. Both issues are of equal importance .
NOT THE END