HomeMy WebLinkAbout06-15-1981 Special MeetingSTATE OF ALABAMA X
COUNTY OF BALDWIN
We, the undersigned members of the Fairhope City Council,
do hereby waive notice of a special called meeting to be held
15 June 1981 at 6:00 pm, City Administration Building,
387 Fairhope Avenue, Fairhope, Alabama, for the purpose of
taking action relative to the City Licensesof Mr. Richard
Underwood, dba GALLERY OF COINS and KIMBERLY JEWELERS.
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Councilmem er
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City C er
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The City Council, City of Fairhope, met in special session
at 6:00 p.m. City Administration Building, 387 Fairhope Avenue
Fairhope, Alabama 36532, on Monday, June 15, 1981.
The purpose of this meeting was to review information
and take action relative to the revocation of City License
No. 822, Mr. Richard Underwood, dba KIMBERLY JEWELERS,
and City License No. 823, Mr. Richard Underwood, dba GALLERY
OF COINS.
Present were Mayor James P. Nix; Councilmembers David
Ed Bishop, Roy C. White, Trisha Nelson, Sam E. Box, and
C.O. McCawley; City Attorney John Duck and City Clerk Evelyn
Phillips.
Mr. Underwood had been summoned, and was present, with
Mr. Lloyd Taylor of Taylor, Benton, Gibson, & Irby., to show
cause'as to why his Licenses should not be revoked as per
Ordinance No. 544.
Mayor Nix called the meeting to order. Mrs. Phillips
immediately advised Mayor and Council that she had placed
confidential information on the Council table a few minutes
before Meeting time. She had then left the room and upon
her return, Mr. Underwood and Mr. Taylor were standing at
the Council table, reading the material which was plainly
marked Confidential.
Mayor Nix stated the purpose of the meeting and reviewed
the events leading to the summons issued to Mr. Underwood.
On request by the City Clerk, Council authorized a request
for sales information from the State Department of Revenue.
(Resolution No. 6-81, adopted 13 April 1981). Letter
of Request was sent to the Revenue Dept. on 15 April 1981.
The Dept. replied by furnishing the information requested
on 30 April 1981. On 2 June 1981, all those businesses
who had under -reported their 1980 Gross Receipts on their
City License (1981) Applications were so advised and an
additional check was requested by 8 June 1981.
Mr. Underwood did not respond to his notice. On June 15
1981, Mayor Nix instructed the City Clerk to summon Mr.
Underwood before a special session of the Council at 6:OO.p.m.
to show cause as to why the Council should not revoke his
licenses.
Mayor Nix asked Mr. Underwood if he had authorized Mr.
Lloyd Taylor to see his confidential information regarding
the Gross Receipts of his business as reported to the State
and as reported to the City. Mr. Underwood replied that
he does so authorize Mr. Taylor. Mayor Nix stated that no
dollar information had been given by any member of the
Council to any unauthorized persons.
(b/15/81) 293
Mr. Taylor said he apologized for reading the informa-
tion on the Council table, he assumed it was Mr. Underwood's
information, and he did not know it would be such a big
deal, since it was on a public table. Mr. Taylor then explain-
ed that he and Mr. Underwood were not able to answer or show
cause because they had not had enough time to gather informa-
tion. Mr. Taylor explained he was sitting in for Mr. Under -
wood's attorney, Mr. Ken Gibson, who had been called out of
town that morning, and did not have all the facts himself.
Mr. Taylor then stated that there is a difference between
Gross Receipts and Gross Sales and that the $25,000 and the
�35,000 figures given by Mr. Underwood on his License Applic-
ations were not the same as the $934,882.94 reported to
the Department of Revenue.
City Attorney Duck advised Mr. Taylor to read Section 9-
11 of Ordinance No. 544.
Mayor Nix again stated that the dollar information was
being made public by Mr. Taylor and no one else.
Mr. Taylor summed up by requesting additional time to
gather information.
After more discussion, Councilman Bishop moved to allow
Mr. Underwood and Mr. Taylor to return one week from this
date, on June 22, at the regular Council meeting time be-
fore any action is taken. Seconded by Councilwoman Nelson
motion passed unanimously.
Meeting was duly adjourned.
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