HomeMy WebLinkAbout07-09-2021 Fairhope Environmental Advisory Board Meeting Minutes.. , FEAB July 9, 2021 Minutes
'FEAB MEETING MINUTES
July 9, 2021
3:00 p.m.
Fairhope Public Library Board Room, Fairhope, AL
Member Attendees: Gary Gover, Jim Horner, Michelle Me lt on , Jennifer Foutch, Amy
Paulson, Mike She lton
Members not in attendance :
Nigel Temp le (warranted absence); Ben Frater (warranted absence); Jeanine Normand
(warranted absence)
City of Fairhope: Kim Burme iste r, Christ in a LeJeune -Plan ning and Zo ning Department.
City Council: None
Honored Guests: None
Minutes taken by Kim Burmeister
Gary called the meeting to order at 3 :00 p.m.
Summary of meeting:
1 . Dyas Triangle Deed and mission suggested language
2 . Colony Park upgrade considerations for drainage
3 . Parking Authority upcoming interactions with FEAB
4 . Stormwater infrastructure inventory for Fairhope
FEAB Minutes:
Jennifer made a motion to approve the FEAB Special Meeting Minutes from 6/25/21, as
written . Unanimously approved.
Dyas Triangle Park Deed Draft
Amy ha nded out the draft of suggeste d deed language and draft mission:
Mission : To preserve and protect the property known as the Dya s Tr iangle to be used as
public parkland for the enjoyment of the community in a natura l state and with the
protection of the environment, natural resources, and animal habitat being the first
priority.
Comment from Jennifer: Change 7irst priority" to "the priority"
In accordance with the mission, we suggest the following be prohibited :
. \ FEAB July 9, 2021 Minutes
1. Any commercial or industrial use of the property
Comment from Gary: Should we define commercial? Michelle : No , keep it vague, better
for legalities .
2. The placement or construction of any buildings other than restroom facilities
Comment from Jennifer : Building is a roof and 4 walls . Pavilions should not be
excluded.
3 . Removing , destroying, or cutting of trees, shrubs or other vegetation , except as
required for 1) fire breaks, 2) maintenance of designated trails and hab itat, or 3)
prevention or treatment of disease .
4 . Disposal or dumping of waste , refuse , or debris on property
5 . The above-ground installation of communication towers, antennas, and related
faci lit ies unless constructed in a manner to preserve the environmental aesthetic
6. The exploration for, or development and extraction of, any minerals and
hydrocarbons by any mining or extraction method .
7 . Any alteration of the surface of the land including excavation or remova l of soil ,
sand , gravel, rock, etc. unless directly tied to habitat or watershed re storation and
management .
Comment from Gary: Prohibitions shall not inhibit connectivity of the two triangle park
pieces (via wildlife corridor, tunnel or wa lkway over road).
8 . Any use or activity that causes or is likely to cause significant soil degradation or
erosion or significant pol lu tion of any surface or subsurface waters.
9 . Any maintenance of the property that is inconsistent with the environmental
management plan established for the property
Comment from Gary : City of Fairhope will be in charge of park maintenance
10 . Use of any motorized vehicle or battery powered vehicle on the property other
than motorized wheelchairs for handicapped individuals, with the exception of
maintenance vehicles and designated parking areas
Comment from Amy : Sign at trail head parking area should state prohibited vehicles
(anything motorized or electrical, with the exception of maintenance vehicles) and also
should state that park closes at dark .
Comment from Mike : Use the term "mobility devices " instead of "handicapped".
Comment from Michelle: Remove "designated parking areas " reference . She will work on
politica ll y correct language .
11 . The placement of any above ground utility infrastructure larger than a tota l of
0 .25 acres. Minor utility infrastructure less than 0 .25 acres must be located
adjacent to exterior boundaries and must be obscured and constructed in a
manner to preserve the environmental aesthetic .
12 . The introduction of any non-native vegetation to the property
Pa g e 12
FE AB Jul y 9, 2021 Min utes
Comment from Jennifer: Will the city want to introduce flower beds?
Comment from Gary: City may want an attractive border or entrance
Comment from Amy: if city introduces flower beds or plantings on the property, all
plantings should be native .
13. Manipulating, impounding, or altering of the natural watercourse of Fly Creek.
Comment from Mike : Unless associated with watershed restoration
14. The perma ne nt installation of art ifi cial lighting an ywhere o n t he property
Comme nt from Jenn ifer : Artificia l lighting should be allowed in parking areas
Comment from Amy : Artificial lighting should be allowed in restroom areas
Comment from Michelle : City may want lighting through the park for liability reasons .
Comment from Kim : There are other city parks with no artificial lighting , such as North
Mobile Street park ("Vo/onto Park") and "Kno ll wood Park".
Ot her discussions on Dyas Triangle Park :
Amy: Deed should not be overly prescriptive . Specific items can be wr itten into the
management plan. Management p lan shou ld not be referred to as "forestry
management" since this has a different imp l ication .
Miche ll e: park pro perty can revert back to Fairhope Single Tax ownership if park use is
not accord in g to d eed.
Gary: City w ill have to follow an y bu ffe r requ i rements on park development, such as
stream buffers.
Co lony Park at CR 13 on Tw in Beech Road
Amy: Recent article on Colony Park ("Fairhope Time s") indica tes upgrades may be conside red to
th is park to include frisbee golf, which is no longer offered at Volanta Sports Par k. She said thi s
park/ area serves as a floodway to Cowpen Creek and should not be altered without a
professional flood study. It is a beautifu l area to watch birds feeding in the mudflats after a ra i n
event. There is a trampoline in a ditch here that needs to be removed .
Kim will refer trampoline to publ ic works for removal .
M ik e: this park was prev iously engineered to be a mud flat and a drainage area .
Parkin g Committee , Parking Stu dy :
Page 13
FEAB July 9, 2021 Minutes
Jennifer: Recent Planning and Zoning commission meeting mentioned upcoming discussions on
parking regulation changes . FEAB was sugges ted as being invo lved in the work groups .
Gary : Asked Kim to check with Hunter to see how FEAB can be involved in these changes and/or
work with the Park i ng Authority group. He would li ke to designate a FEAB member to atte nd the
meetings.
Amy : Suggested Nigel as a good FEAB contact for the Parking Authority
Stormwater Infrastructure :
Jim : City of Mobile is conducting a stormwater infra structure inventory with RESTORE funds . City
of Fairhope should consider doing the same. He suggested invi ting City of Mobile contact Jennifer
Green to upcoming FEAB meeting to d isc uss how this will be done, if city leaders have inte rest in
pursuing the same .
Mike : This has been brought up before . Currently City of Fairhope has partial inventory of
stormwate r infrastructure through the MS4 outfall inventory (stormwater ba sins and city
outfalls).
Amy : Eastern Shore Wate rshed Management Plan study may encompass so me mapping of
i nfrastru ctu re .
Kim: Richard Johnson is the appropriate person to initiate stormwater outfall inventory
for the City of Fairhope.
Meeting adjourned: 4:00 p .m .
Next meeting is Friday, August 13th @ 3 p.m. Library Board Room
FEAB CONTACT INFORMATION:
Chairman:
Gary Gover
Members:
Jeanine Normand
Ben Frater
Mike Shelton
Jim Horner
Amy Paulson
Nigel Temple
Michelle Melton
Jennifer Foutch
Page 14
govers@be l lsouth.net
dr jnormand@aol.com
ben.frater@gmail .com
yaupon3@gma il.com
none
amy.paulson@yahoo .com
757nige l @gmai l.com
miche ll eleeme ltonlee@gmail.com
Foutch. jen n ifer@gma i I .com
(251) 990-8662
(251) 928-2284
(404) 314-8815
(251) 270-9042
(251) 928-9722
(251) 654-7401
(757) 803-3589
(423) 504-8253
(618) 318-0354
FEAB July 9, 2021 Minutes
CITY CONTACTS:
Corey Martin, City Council corey . ma rti n@fa irhopea I.gov
Ki m Burmei ster, Planning and Zoning Department kim .burmeister@fairhopeal.gov
Christ i na LeJeune , Planning and Zoning Department christina .lejeune@fairhopeal.gov
Page 15
STATE OF ALABAMA
COUNTY OF BALDWIN
QUITCLAIM DEED
KNOW MEN BY ALL THESE PRESENTS , that the CITY OF FAIRHOPE , an
Alabama municipal corporation, herein referred to as "Grantor," for and in consideration
of the sum of ONE DOLLAR ($1.00) and other valuable consideration this day in cash in
hand paid to Grantor by the FAIRHOPE SINGLE TAX CORPORATION, a corporation,
chartered under the laws of the State of Alabama, herein referred to as "Grantee," the
receipt of which is hereby acknowledged by these presents , the undersigned does hereby
remise , release , quit claim, grant, sell and convey unto the said Grantee all its right, title ,
interest and claim in or to follow described real property situated in Baldwin County ,
Alabama, to wit:
PARCEL 1:
BEGINNING AT A POINT on the East right of way line of County Road 98,
which is more particularly identified as Station No. 89 and 65 of the right of way
map of Project No. S-635(3) as recorded in the Office of the Judge of Probate ,
Baldwin County , Alabama; thence North 47 degrees 29 minutes 52 seconds East
along said right of way line a distance of 935 feet, more or less , to a point; thence
turn an angle of 90 degrees to the right a distance of 10 feet ; thence North 47
degrees 29 minutes 52 seconds East, a distance of 429 feet , more or less , to a
point of curve ; thence along a curve to the left having a radius of 1,145 .92 feet , a
distance of 569 feet , more or less , to a point; thence turn an angle to the East a
distance of 60 feet , more or less , to a point on the West right of way line of U.S.
Highway 98; thence South 20 degrees 8 minutes 38 seconds East, along said West
right of way line , a distance 1,621 feet , more or less, to a point; thence South 34
degrees 45 minutes West distance of 57.49 feet; to a point on the North right of
way line of Alabama Highway 104; thence South 89 degrees 40 minutes West
along said right of way line of Alabama Highway 104, a distance of 1,665 feet ,
more or less to a point ; thence turn an angle to the right of approximately 34
degrees , a distance of 190 feet more or less ; thence turn an angle to the right of
approximately 54 degrees, a distance of 50 feet , more or less , to the POINT OF
BEGINNING ;
Said parcel of land lies in the William Patterson Grant Section 8 Township 6
South , Range 2 East, Baldwin County, Alabama, and is a part and parcel of that
property conveyed by the deed recorded in Deed Book No . 422 , Pages 70 and 71 ,
identified therein a s Parcel No . Six .
Said triangular shaped parcel is bounded on the South by Alabama Highway 104 ;
is bounded on the Easterly side by U.S. Highway 98 (4 lane) and is bounded on its
Westerly side by what is called Baldwin County Highway 98.
PARCEL 2:
Beginning at a concrete block being the Southwest comer of the Forbes Grant,
Section 7, Township 6 South, Range 2 East, Baldwin County, Alabama; thence
run S-76 degree s 03'22'-W along the South boundary of said Forbes Grant, a
distance of 875.08 feet; thence run S-39 degrees 56'38"-E, a distance of 185 feet,
more or less , to the center of Fly Creek, the Point of Beginning, thence run
Easterly along the centerline of Fly Creek, a distance of 1,850 feet, more or less ,
to the West right of way line of U.S. Highway 98; thence run S-19 degrees
37'38"-E along the sai d West right of way line of U.S. Highway 98, a distance of
420 feet , more or less; thence run S-04 degrees 40'-E along said West right of
way of U.S. Highway 98, a di stance of 194.4 feet, more or less ; thence continue
along the West right of way line of U.S . Highway 98 along a curve to the right,
concave Northwesterly, having a radius of 1,025.92 feet , a distance of 384 .97 feet ,
more or less to a concrete right of way monument; thence run S-66 degrees
03'09"-E, a distance of 30 feet, more or le ss; thence continue along the West
right of way line of U.S. Highway 98 (alternate route) along a curve to the right
concave Northwesterly, having a radius of 1,055.92 feet, a distance of 434 feet,
more or less; thence continue along said West right of way line of U.S. Highway
98 (alternate route) S-47 degrees 29'52"-W, a distance of 729 feet , more or less ;
thence run S-42 degrees 30'08"-E a distance of 30 feet, more or le ss; thence
continue along said West right of way line of U.S. Highway 98 (alternate route)
S-47 degrees 29'52"-W, a distance of 660 feet , more or less ; thence run N-81
degrees 10' -W, a distance of 51 feet , more or les s, to the East right of way line of
Baldwin County Scenic Highway 98 (old U.S. Highway 98); thence run N-29
degrees 18 '-W along said East right of way line of Baldwin County Scenic
Highway 98 , a distance of 190.26 feet, more or less ; thence run S-75 degrees 44-
W, a distance of 10 feet, more or less ; thence continue along the East right of way
line of Baldwin County Scenic Highway 98, N-14 degrees 16'-W, a distance of
924.5 feet, more or less; thence continue along the East right of way line of
Baldwin County Scenic Highway 98 along a curve to the left , concave
Southwesterly , having a radius of 1,989.4 feet , a distance of 735.7 feet , more or
less , to the intersection of the South property line of land owned by Arthur and
Ellen Dyas ; thence run S-87 degrees 49'-E, a distance of225 feet , more or less ;
thence run N-17 degrees 11 '-E , a distance of 170 feet, more or les s, thence run N-
64 degrees 49'-W, a distance of275 feet, more or less , to the center of Fly Creek;
thence run Northeasterly along the center of Fly Creek, a di stance of 275 feet,
more or less , to the Point of Beginning. Said parcel of land lies in Section 8,
Township 6 South, Range 2 East, Baldwin County, Alabama, and includes a
drainage easement located on the West right of way line of U.S. Highway 98,
being more particularly described as:
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Beginning at a point 145 feet West of U.S . Highway 98 , Station 133 +00 ; thence
run N-49 degrees 22 '22"-E, a distance of 65 feet , more or less , to the center of Fly
Creek; thence run Southeasterly along the center of Fly Creek to a point on the
West right of way line of U.S . Highway 98; thence run S-19 degrees 37'38"-E
along the West right of way line of U.S . Highway 98 , a distance of 75 feet , more
or less , to the Point of Beginning .
Both parcels , collectively, are sometimes referred to as the "Dyas Triangle ," and
were previously deeded to the City of Fairhope by a warranty deed from Charles
L. Dyas, Jr., a married man, Arthur C. Dyas , a married man, Pamela D. Vautier,
an unmarried woman, Drew C. Dyas, a married man, and Eric J. Dyas , a married
man recorded in Baldwin County Probate Court on December 30 , 2013
(Instrument No . 1435575).
This conveyance is subject to the following:
1. Any and all liens, encumbrances , easements , right of way and all other
matters recorded in the Office of the Judge of Probate, Baldwin County ,
Alabama.
2. Any and all defects , liens , encumbrances , adverse claims or other matters ,
if any , created , first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date of recording
this Deed.
3. Any prior reservation or conveyance of minerals , and any rights associated
therewith.
4. Rights of the United States of America, the State of Alabama, or other
parties , in and to the shore , littoral or riparian rights to the portion of the
Property described in Parcel 2 lying adjacent to Fly Creek.
5 . Rights of ways of U .S. Highway 98 , U.S . Highway 98 Business; Alabama
Highway 104 and County Highway 11 , as they now exist along the
margins of the Property .
Recording references are with respect to the records of the Probate Court of
Baldwin County, Alabama.
TOGETHER WITH all and singular the rights , members , privileges , tenements ,
hereditaments , easements , appurtenances and improvements belonging or in anywise
appertaining thereto.
TO HA VE AND TO HOLD unto the said Grantee , its successors or assigns , forever.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its
duly authorized officer on this the __ day of ______ ~ 2021.
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ATTEST: ---------
City Clerk
GRANTOR:
CITY OF FAIRHOPE, an Alabama
municipal corporation
By: __________ _
Sherry Sullivan
Its : Mayor
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Controlling Statutes
Alabama Code Section 35-4-410
Authorization to alienate public recreational facilities and housing projects.
The governing bodies of counties , cities, towns , and other subdivisions of the state
shall have full power and authority to alienate public parks and playgrounds , other
public recreational facilities and public housing projects on such terms as may be
agreeable to them , provided such alienation is first approved by a majority of the
qualified electors of the county, city , town, or subdivision affected thereby voting in a
referendum election held for such purpose.
(A cts 1956, 2nd Ex. Sess., No. 103 , p. 425, §1.)
Alabama Constitution of 1901, Art. IV, § 94.01
(a) The governing body of any county, and the governing body of any municipality
located therein, for which a local constitutional amendment has not been adopted
authorizing any of the following, shall have full and continuing power to do any of the
following:
(1) Use public funds to purchase, lease, or otherwise acquire real property, buildings,
plants, factories, facilities, machinery, and equipment of any kind, or to utilize the
properties heretofore purchased or otherwise acquired, and improve and develop the
properties for use as sites for industry of any kind or as industrial park projects,
including, but not limited to, grading and the construction of roads, drainage, sewers,
sewage and waste disposal systems, parking areas, and utilities to serve the sites or
projects.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the
governing body of the county or the municipality, as applicable, all or any part of any
real property, buildings, plants, factories, facilities, machinery, and equipment of any
kind or industrial park project to any individual, firm, corporation, or other business
entity, public or private, including any industrial development board or other public
corporation or authority heretofore or hereafter created by the county or the
municipality, for the purpose of constructing, developing, equipping, and operating
industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any
individual, firm, corporation, or other business entity, public or private, for the purpose of
promoting the economic and industrial development of the county or the municipality.
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(4) Become indebted and issue bonds, warrants which may be payable from funds to
be realized in future years, notes, or other obligations, or evidences of indebtedness to
a principal amount not exceeding 50 percent of the assessed value of taxable property
therein as determined for state taxation, in order to secure funds for the purchase,
construction, lease, or acquisition of any of the property described in subdivision (1) or
to be used in furtherance of any of the other powers or authorities granted in this
amendment. The obligations or evidences of indebtedness may be issued upon the full
faith and credit of the county or any municipality or may be limited as to the source of
their payment.
The recital in any bonds, warrants, notes, or other obligations or evidences of
indebtedness that they were issued pursuant to this amendment or that they were
issued to provide funds to be used in furtherance of any power or authority herein
authorized shall be conclusive, and no purchaser or holder thereof need inquire further.
The bonds, warrants, notes, or other obligations or evidences of indebtedness issued
hereunder shall not be considered an indebtedness of the county or any municipality for
the purpose of determining the borrowing capacity of the county or municipality under
this Constitution.
(b) In carrying out the purpose of this amendment, neither the county nor any
municipality located therein shall be subject to Section 93 or 94 of this Constitution .
Each public corporation heretofore created by the county or by any municipality located
therein, including specifically any industrial development board incorporated
under Article 4 of Chapter 54 of Title 11 of the Code of Alabama 1975, and any
industrial development authority incorporated or reincorporated under Chapter 92A of
Title 11 of the Code of Alabama 1975, and the Shoals Economic Development Authority
enacted under Act No. 95-512, 1995 Regular Session, are validated and the powers
granted to the board or authority under its respective enabling legislation are validated
notwithstanding any other provision of law or of this Constitution. The powers granted
by this amendment may be exercised as an alternative to, or cumulative with, and in no
way restrictive of, powers otherwise granted by law to the county, or to any municipality,
or to any agency, board, or authority created pursuant to the laws of this state.
(c) Neither the county nor any municipality located therein shall lend its credit to or
grant any public funds or thing of value to or in aid of any private entity under the
authority of this amendment unless prior thereto both of the following are satisfied:
(1) The action proposed to be taken by the county or municipality is approved at a
public meeting of the governing body of the county or municipality, as the case may be,
by a resolution containing a determination by the governing body that the expenditure of
public funds for the purpose specified will serve a valid and sufficient public purpose,
notwithstanding any incidental benefit accruing to any private entity or entities.
(2) At least seven days prior to the public meeting, a notice is published in the
newspaper having the largest circulation in the county or municipality, as the case may
be, describing in reasonable detail the action proposed to be taken, a description of the
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public benefits sought to be achieved by the action, and identifying each individual, firm,
corporation, or other business entity to whom or for whose benefit the county or the
municipality proposes to lend its credit or grant public funds or thing of value.
For purposes of the foregoing, any sale, lease, or other disposition of property for a
price equal to the fair market value thereof shall not constitute the lending of credit or a
grant of public funds or thing of value in aid of a private entity.
Nothing in this amendment shall authorize the county commission to own or operate a
cable television system .
(d) This amendment shall have prospective application only. Any local constitutional
amendments previously adopted and any local law enacted pursuant to such
amendment shall remain in full force and effect.
Caselaw
In Thomas vs . Bullock County Commission , 474 So. 2d 1094 (Ala 1985) the A labama Supreme
Court reversed a lower Court and remanded a suit to enjoin a transfer of land by a county . The
County accepted a deed with plans to build a park , began planning the park , then deeded the
property back. The Court set out the standard for common law dedication of property for
recreational purposes as requiring both the intent of the owner to dedicate and acceptance by the
public or a body thereof. Id. at 1098 (emphasis added ).
Thomas cited O 'Rorke v. City of Homewood 286 Ala 99 (1970) as holding that the clear intent of
the owner must be shown and be unequivocal in showing intent to create a public right. Thomas
further cites AmJur2d as requiring language in the deed showing intent that the land be used for
a public purpose . The Thomas court found in that case that the deed did so evidence intent by
the granter and remanded that case for further proceed ings .
The O 'Rorke case , cited above in Thomas , is a controlling Alabama Supreme Court case on this
issue . The Court affirmed a lower court denial of injunctive relief to stop the transfer of property
by the City of Homewood . O 'Rorke favorably cites McQuillian Municipal Corporations as saying
"where lands are conveyed to a municipality free from any trusts or conditions , and afterwards
used for park purposes , the municipality may sell and convey lands to any grantee that it may
choose, under its charter power to sell and dispose of property owned by it, or it may devote the
property to other public uses ." The O 'Rorke Court noted that the deed to the City did not contain
any limitation or dedication prov isions , and the City did not dedicate the property as a park by
ordinance . The land was used in a limited fashion as a park , but the Court held this did not rise to
the level of a perpetual dedication .
O 'Ro rke was not only followed by the Alabama Supreme Court in Thomas , above , but also by the
federal district court in Harper v. Birmingham , 661 F. Supp . 672 (N . D. Ala . 1986). In that case , a
cit izen claimed the failure of the City to hold a vote on the sale of land was a denial of his due
process . The Court analyzed O 'Rorke and other cases and said a dedication could occur by
either the clear intent in a deed or a clear resolution or ordinance. The Court focused on the fact
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that neither the deed transferring the property nor any resolution or ordinance of the city
referenced the property 's purpose to be used as a park. Id. at 676 .
The Alabama Attorney General has given an opinion that cites Harper. The City of Florence asked
if it could lease property used as a softball field . Following Harper, AG 2004-115 states that
because the deed had no formal dedication and there was no formal ordinance or resolution , then
no referendum vote was required .
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