Rauf Bolden: Repeal the Baldwin County lodging tax district in Orange Beach
Rauf Bolden discusses the lodging tax district in Baldwin County.
Rauf Bolden: Avoiding water related deaths in Orange Beach
Water deaths can easily be avoided with a life vest.
Rauf Bolden: Should Orange Beach ban open & concealed carry at all city facilities
Shootings happen every day in America. I argue for a common-sense approach at municipal facilities, respecting our After-School Programs like Camp Sunshine and Expect Excellence. Columbine, Sandy Hook and Parkland are still fresh in our minds, banning open and concealed carry at city facilities makes sense, lowering the level of fear for adults and children inside. The Second Amendment gives American citizens the right to bear arms. “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed,” according to a report on The Cornell Law School web site. I agree with the Second Amendment, but I must ask in today’s world is a lone shooter a “well-regulated Militia”? Of course, he or she is not, especially in government buildings. “Generally, federal law prohibits a person from knowingly possessing or attempting to possess a firearm in a federal facility,” according to a report on Gifford’s Law Center web site. Several years ago, a man committed suicide outside of Community Development. He ended his life with a pistol in the front seat of his car, parked in the first space next to the front door. Could he have come into the office and opened fire on the city employees who refused his permit? Yes, he could have. In response to this threat management authorized construction of a bullet-proof podium in the Council Chambers at City Hall, giving the elected officials a place to duck down in the event a shooter opens fire during a council meeting. Yet, the front-desk personnel at Community Development are still unprotected. Open carry has strong support in Orange Beach. “In my opinion Orange Beach should not ban concealed or open carry weapons in city buildings or facilities,” said Tim Blackwell, former Planning Commissioner and current resident of Orange Beach in an email. “I am a supporter of our 2nd amendment rights personally. I support the right to bear arms to protect my family and country,” said four-term Orange Beach Council Member Jeff Silvers in an email. The city has no appetite for physically protecting facilities with TSA style security, arguing it costs too much, presenting an aura of suspicion when constituents pay sewer bills or apply for a business license. This is understandable. An ordinance costs nothing, putting a sign at the entrance to each building, providing legal notice of the policy. It’s simple, leave your guns locked in the car. The consequences of not taking action can lead to public hysteria at events held on city property. On Saturday morning, September 7, 2019, people at a Farmers Market in Old Town, Alexandria, Virginia feared for their lives as open-carry protesters (five men), brandishing fully-loaded assault rifles and pistols, walked through the market spreading fear by their presence, according to a report in Blue Virginia. Families ran not wanting to be the next headline on Fox News. To better prepare our community the Orange Beach Fire Department holds Active Shooter/Hostile Event Response (ASHER) classes, said Assistant Chief for Training Kevin Lanford in an email. An Ordinance banning firearms at city facilities is not without its obstacles. “The ‘Dillon Rule’ from 1868 prohibits local jurisdictions from adopting laws that are not specifically permitted in the state. This has prevented communities like Falls Church (Virginia) from preventing people from walking the streets or entering businesses with loaded guns,” according to a report in Blue Virginia. Open and concealed carry are not synonymous with municipal life in a vacation town espousing family values like Orange Beach. This city is branded on every street corner and brochure as family friendly, catering to tourists from around the world. Allowing citizens to carry open or concealed weapons into city facilities like the Event Center, the Art Center, or the Recreation Center is reckless. The city was able to ban short term rentals, citing Mayor Tony Kennon’s desire to know who his neighbors are. Perhaps banning open and concealed carry at city facilities is easy, pro-actively creating a: Guns-Free Zone, protecting the same neighbors from harm. Rauf Bolden is retired IT Director at the City of Orange Beach, presently pursuing his dream as a Web Technologies Consultant on the Beach Road. He can be reached by email: publisher@velvetillusion.com.
Rauf Bolden: Proposing off-island parking and free shuttle service
Life presents you with motivational moments. “My thoughts are to have fewer vehicles on the island. Vacationers should park offsite, and ride free shuttles [electric] from secure-parking areas [across the bridge]. Orange Beach has become a very expensive parking lot,” said Ian Boles, a resident of Orange Beach in an email. Developing a strategy for off-island parking with free shuttles makes sense, eliminating the need for a Flyover Bridge west of the Foley Beach Express, and the proposed Wolf Bay Bridge by Doc’s. Imagine taking the $87 Million allocated by the State of Alabama for the Flyover Bridge, and the $60 Million earmarked by the City of Orange Beach for the Wolf Bay Bridge, using those funds to lower the environmental impact of traffic. Electric buses, recharged by solar panels, running every five minutes along the Beach Road (Hwy. 182), Canal Road (Hwy. 180), and Orange Beach Blvd (Hwy. 161), minimizing the congestion problem. We must create several secure parking areas off the island for vacationers, enhanced by Orange Beach’s family-friendly atmosphere, simultaneously providing better control over the visitor experience. City Managers do it at Beaver Creek, Davos, and Disney. Why not here? The city is growing at a phenomenal rate, outstripping infrastructure resources for traffic and boat launches. The Council must find innovative solutions that do not include more parking per condo bedroom, minimizing gridlock on the island. Crafting a 2030 Plan with off-site transfers is vital, engaging with City Council, businesses, and residents, creating policies for the future of parking in Orange Beach, perhaps imitating the example of other successful resort cities. “From timely shuttle buses to complimentary door-to-door transportation, getting around Beaver Creek is easy,” according to a report on the Beaver Creek website.“Complimentary standard parking [off-site] is available to Guests,” according to a report on Disney World. The key issue is Mayor Tony Kennon, refusing to have a publicly viewable 2030 Plan, as if the future is an undecided secret. Mayor Kennon told Fox10 News, “You can’t stop the growth. It’s coming whether you like it or not.” Are the constituents comfortable, knowing their City Council has an insatiable appetite for big developments and the dollars they bring without consideration to the quality of life? A 2030 Plan should not be considered a threat to elected officials. Rather a blue print, providing a venue for meaningful discussions from residents and businesses before adoption. “All I know is we need a road through the State Park,” said Mayor Tony Kennon in aninterview with John Mullen of the Lagniappe, putting commerce ahead of environmental impact, supporting development of the natural resource the State Park was created to protect. Exploitation of the State Park seems to be his real plan, exposing this protected area to development. Luckily the Deep-Water Horizon Settlement Team blocked his proposed roadway across the State Park for 20 years, putting his caucus “in check” for the immediate future. Some will argue Mayor Kennon already has a plan, widening Canal Road, building a Flyover Bridge, and constructing a span across Wolf Bay. Throwing concrete and asphalt at the traffic problem is short sighted, simply hoping it goes away. Orange Beach has had no professional infrastructure studies done by independent-academic bodies. Professional-planning research (aside from ALDOT) is the start of the solution. The Orange Beach Police Jurisdiction (PJ) stretches from the Foley Beach Express to Pirates’ Cove, including many agricultural areas suitable for parking north of the Intracoastal Waterway, according to the GIS Map from Community Development. Respectfully, I propose the city debate off-site parking, because politics is the art of the possible. Elected Officials must undertake feasibility studies by multiple universities, buying non-wetland areas north of the Intracoastal as loading points for environmentally-friendly electric busses, transporting tourists to and from the island, as if Orange Beach were a theme-park resort. Rauf Bolden is retired IT Director at the City of Orange Beach, presently pursuing his dream as a Web Technologies Consultant on the Beach Road. He can be reached by email: publisher@velvetillusion.com. Disclosure: The views, thoughts, and opinions expressed in the text belong solely to the author. I have no business relationship with any company whose stock is mentioned in this article.
Laura Lane and Doug Snow: For whom the bridge tolls, an expose of big government run amok
In general, the fuel tax pays for our ordinary highways today. Given this, tolls should be used to pay for some privilege. The Beach Express in Orange Beach provided an alternative to Highway 59, a non-tolled route. It gave people who chose to pay a toll a privileged ride. This is an appropriate use of tolling. Toll roads are most definitely a libertarian stance; we advocate that all public services be funded in a voluntary manner. Then, along comes the current AL legislature and, under the leadership of Kay Ivey, proceeds to RAIP the citizens. Portions of the RAIP plan go into effect in September, mainly the gas tax which increases the current rate by 10 cents. The plan was touted as needed to pay for infrastructure upgrades to bridges and roads. Then, Ivey admitted to a local area news station that the legislators were coached on the plan and those that weren’t in agreement were not encouraged to run for office. After the passage of the RAIP, one of the first things Ivey said was that the first monies coming in from the gas tax would be allocated to the Port of Mobile for dredging and widening of the channel. Now, Ivey, through Alabama Department of Transportation (ALDOT), is trying to force a toll bridge onto the citizens of Mobile and Baldwin counties. This plan calls for the toll project to commandeer the Wallace Tunnel and Bay Way, existing portions of I-10. The tunnel will become part of the new toll project, but the existing Bay Way will be torn down. The tunnel and Bay Way have already been paid for by the citizens using Federal and State fuel taxes. It is an unfair double taxation to commandeer those structures and toll them. This misappropriation amounts to the initiation of force to achieve political goals. The people have already paid for the Wallace Tunnel and Bay Way and now they are being taken away from their rightful owners. In contrast, the toll plan for Mobile destroys the route the people have paid for with their fuel tax in order to drive people onto the tolled route. They offer the Causeway ( a portion US Hwy 90) and the Cochrane Bridge as alternatives. This is an insult to the people of Alabama for ALDOT to pretend the Causeway is a viable non-tolled route. The insult of misinformation is repeated often in the plan to privatize the Bridge. ALDOT has hired Allison Gregg to head up a massive public relations campaign to sell the toll to the people of Alabama. It is not the function of the government to sell its ideas to the people. It is the proper function of government to prudently implement the ideas of the people. Many people who follow the Mobile River Bridge and Bay Way toll project accuse the State of Alabama elected officials and bureaucrats of corruption. This is not a claim to be made lightly and the Libertarian Party of Alabama and Citizens for Government Accountability make no such claim. Still, state government has created an atmosphere favorable to corruption. The state legislature created the Alabama Toll Road, Bridge and Tunnel Authority to oversee all toll projects in the State of Alabama. The function of this Authority is oversight of state bureaucracies. The entire Authority is appointed by the Governor. John Cooper, the Director of Transportation for Alabama and head of ALDOT is on that Authority. This lack of independence is an accommodation to corruption. Transparency and accountability are lacking and cannot be enforced without some type of Initiative and Referendum in place for the State. State funds belong to the taxpayers. It is foundational that our government be responsible stewards of those funds. Here are disturbing facets of the Mobile River Bridge and Bay Way toll project itself: • The state will enter a 55-year deal.• The state has limited non tolled crossing of Mobile River and Bay to the Causeway only. The Bankhead tunnel leading from Downtown to the Causeway is only one lane in each direction. Traffic jams and delays are planned obstacles to using the non toll route that are expected to force people to pay a toll to cross.• Although the proposed toll would be $6, the toll operator is allowed to add a 40% surcharge for processing the invoice for the toll.• The planned deal is extremely complicated with many unacceptable risk points.• Road and Bridge private funding is very prone to bankruptcy.• Bids that lose will receive up to $2 million in reimbursement. This toll road is wholly unacceptable to the people of Alabama and should be immediately stopped. Alabama’s own State Auditor, Jim Zeigler, has presented information that shows there is money available for this project and is leading a group of over 52,000 Alabama residents in opposition to this plan. But what’s the backstory here? Something is going on to make this bridge…this TOLL bridge such an urgent issue for the current State leadership. So let’s take a look at this proposed toll bridge and the history behind this 20-plus year fiasco. From the beginning, frequent travelers of I-10 that use the Wallace tunnels and Bay Way have voiced complaints about the entrance to the tunnels; both East and West sides have fairly sharp turns leading into the tunnels, along with on-ramps from local streets. As the population has grown and more residents are traveling to either side of the Bay for employment, congestion and accidents have gotten worse. They say hindsight is 20/20. ALDOT and the designers of the Wallace Tunnel and Bay Way were definitely short-sighted. Both should have planned for growth and made them capable of handling, at a minimum, three lanes of traffic both ways. The Federal government had put in $27 million in transportation funding in the 1990’s for a project that would have fixed the issue of the sharp turns and on ramps at the entrances to the Wallace Tunnels. The project was given in the green
Rauf Bolden: Mayor Tony Kennon must address underpaid first responders
Orange Beach Mayor Tony Kennon has often said, he will evaluate raises on a case-by-case basis. In this case Orange Beach’s First Responders lag behind the state’s average and the national average, according to a report on Zip Recruiter. Our First Responders deserve better than below average pay, training constantly, dedicated to our community, responding to any emergency within three minutes. I raise this voice, hoping someone will hear. There is no plan in place to correct responder’s compensation imbalance, having reviewed Council’s online minutes for several years. Should the city reward First Responders for exceptional public service? “My husband was chronically ill before his [liver] transplant and required First Responders to come to our house often. We had numerous obstacles they would have to work around. Our house is an older house with two small steps coming up through the door. My husband was often incapacitated and the gurney would not fit around the corner into the bedroom and with his excessive weight it was never easy getting him to the gurney. But they never failed us and they always did their job in the most professional manner. We have nothing but praise for them,” said Jeannetta Bell a Bear Point resident in a text. “There have been several occasions that Orange Beach Emergency personnel have been called to my home for medical emergencies. Their response time was always very quick. I cannot say enough about their kindness and concern for me and my husband. Orange Beach is very fortunate to have such competent first responders,” said Sherry Brandler a Marina Road resident in a text. “On my way home from work one evening, an extremely large, and therefore very old turtle decided to cross Canal Road. Fearful of his fate during the crossing, I could only think of one way to preserve his life. I called 911. My call was taken most seriously. [The] officer captured him, and relocated him deep within the state park,” said Patsy Rose, retired Children’s Librarian, having lived her entire life in Orange Beach. The city’s business is keeping the resident and visitor populations safe. I see no rational objection to paying our First Responders a better-than-average wage, enabling the departments to recruit and retain the best people. “The First Responders in Orange Beach have provided excellent professional service during times of trouble,” said Sarah DeLazzer Property Manager at Sea Chase Condominiums in a text. “Recently, one of my friend’s home caught fire [in Orange Beach]. The fire department worked hard to put out the fire. That is their job and they did it well. But they went beyond doing their expected job. They all stayed and helped console the family and start the cleanup. They helped drain the water and salvage what they could for the family. These men and women don’t just do what’s expected. They care about our community and citizens. Their guiding force is service. These dedicated men and women deserve to be well paid and have solid benefits. They risked their lives to help save this family’s home and then gave them the gift of being there to help them start to pick the pieces. They gave this family a bit of hope when they were down. That’s what they do every single day without hesitation. It is simply a part of who they are and we are blessed to have them in our City,” said Kim and Jared Byrd, part-time residents of Orange Beach in a text. ”ALEA [Alabama Law Enforcement Agency]: Driver killed when crashing into Orange Beach police vehicles,” according to a report on Fox10News. I argue, all First Responders are dedicated to our community in ways that are priceless. Mayor Tony Kennon may not agree, probably thinking an underpaid paramedic or officer is replaceable. This logic works until someone has a stint failure, bad car accident at the turn around, or needs resuscitating in the Gulf, raising questions about going cheap. Orange Beach is a wealthy community, taking in $15 Million annually above expenses. Paying Firefighters and Police Officers a salary that reflects the city’s standing as the premier beach resort in Alabama is the right decision. Rauf Bolden is retired IT Director at the City of Orange Beach, presently pursuing his dream as a Web Technologies Consultant on the Beach Road. He can be reached by email: publisher@velvetillusion.com. Disclosure: The views, thoughts, and opinions expressed in the text belong solely to the author. I have no business relationship with any company whose stock is mentioned in this article.
Rauf Bolden: Overtourism in Orange Beach
Overtourism is like water, proportionately increasing with the lanes you give it. The impact of overtourism’s traffic in Orange Beach was never anticipated. Is it too much to ask City Council, Community Development, and the Planning Commission to publish their 2030 Plan for growth, replacing the old Horizon 2020 Plan? “In short, overtourism occurs when there are too many visitors to a particular destination. ‘Too many’ is a subjective term, of course, but it is defined in each destination by local residents, hosts, business owners and tourists. When rent prices push out local tenants to make way for vacation rentals, that is overtourism. When narrow roads become jammed with tourist vehicles – these are all signs of overtourism,” according to a report in Responsible Travel. Where is the off ramp for Orange Beach? Continually hiding behind the rhetoric, “They can build [condos] by right,” arguing we cannot stop the growth, because Orange Beach will face litigation. This is the city’s defensive shield, blaming the debilitating traffic from construction-driven growth and unplanned infrastructure on zoning rights. Archaic zoning laws, passed decades ago, place Orange Beach in legal jeopardy if they restrict zoning on grandfathered properties, enabling overtourism to thrive in a booming economy. In 2008 the Taxable Lodging Rentals were $4,268,949 versus the Taxable Lodging Rentals of $23,091,793 in 2018, according to a report from the Citizen and Visitors Bureau in an email. This is an impressive increase in lodging rentals of 540 percent over ten years, obviously generating substantial tax revenues for the city. I do not expect to see a revolt in Orange Beach with protesters shouting, “Tourist go home,” as happened on the streets of Barcelona, Venice and Dubrovnik. We need a bipartisan community plan for sustainable tourism, not a knee jerk reaction where local officials increase lodging taxes, and initiate road widening in a desperate attempt to quell tourist traffic. Does Orange Beach need a comprehensive plan, looking forward to 2030, defining paths for community wellness, infrastructure, schools, churches, businesses, tourism, and the environment? “The old plan [for 2020] was done during [Mayor] Russo’s era [2006]. Should be revisited,” said Lucy Hazebrook, a resident of Orange Beach in an email. “The whole county needs a comprehensive plan for growth. Both Orange Beach and Gulf Shores desperately need a plan for growth. Robert Craft I trust. Terrible Tony [Kennon]? No,” said Brenda Hancock, a resident of Baldwin County since 1961 in an email. The travel industry dictates growth, thinking less about the impact. Is this a key issue? Orange Beach is not a tourist destination in the classical sense of visiting museums, seeing historic artifacts, or wandering through a medieval castle. We are a family destination with a beach, and our primary product is family safety. Keeping visitors safe whether in the water, on the beach, or dining out is the city’s anthem. In today’s world where gun violence litters every news cycle, safety is a primary concern for parents choosing a destination for their families. Yet we still have problems with overtourism. City officials want to address the situation through infrastructure spending, like building a span across the Intracoastal Waterway to County Road 20 without limiting the number of beds for people to sleep in. Mayor Tony Kennon told Fox10 News, “You can’t stop the growth. It’s coming whether you like it or not,” watch here. As if growth cannot be managed, like is an apocalypse. The Orange Beach City Council is poised to allow 677 new housing units (condos) on the Beach Road, underlining the premise of construction by zoning right, according to a report by John Mullen in the OBA Community website. Let’s do the math. If 677 new multi-bedroom units house eight people each, calculated out means 5,416 additional souls wandering the beach on any given day. That’s 1,354 additional vehicles, assuming each family unit only brings two cars. I ask my fellow residents, “Is this what you elected Mayor Tony Kennon to do?” I propose this solution. A 270-day moratorium on all commercial building permits, allowing city officials time to hire planning professionals from multiple universities for policy studies on overtourism, assessing the impact of growth on our beach environment, and the wellness of our residential community. ENDS. Rauf Bolden is retired IT Director at the City of Orange Beach, presently pursuing his dream as a Web Technologies Consultant on the Beach Road. He can be reached by email: helpdesk@raufbolden.com. Disclosure: The views, thoughts, and opinions expressed in the text belong solely to the author. I have no business relationship with any company whose stock is mentioned in this article.
Rauf Bolden: Breaking promises in Orange Beach
A politician once told me, “The bigger the smile, the sharper the knife.” So, it is in Orange Beach. In 2008, Mayor Tony Kennon came to power on rhetoric espousing the Republican ideal of smaller government. “Small government is a term generally used by political conservatives to describe a government with minimal involvement in public policy or the private sector,” according to a report in Wikipedia. Political conservatism has similar goals, “lower taxes, free market capitalism, free enterprise, deregulation and restrictions on labor unions,” according to a report in Wikipedia. After winning the election, Tony Kennon took the oath of office, proceeded to cut employee benefits, appropriations, vehicles, and staff, reducing Police to 35 people (Charts 1 & 2). His Council Class of 2008 was proud. Today the late Councilman Ed Carroll would not recognize the ideology he shared with Tony Kennon back in 2008. Orange Beach’s government has grown by 69.5%, yet the local population has stagnated around 5,700, according to a Edward VIII on City Data. Chart 1: Employee Comparison for City Departments 2009 and 2019 CITY DEPARTMENT- NUMBER OF EMPLOYEES 2009 NUMBER OF EMPLOYEES 2019 POLICE 35 62 FIRE 41 59 COMMUNITY DEVELOPMENT 13 16 FINANCE 8 10 LIBRARY 9 8 SEWER 19 22 PUBLIC WORKS 46 71 PARKS AND RECREATION 19 20 ADMIN 6 14 TOTAL EMPLOYEES 196 282 Republican orthodoxy is woven into the fabric of Orange Beach residents. Baldwin County overwhelmingly voted for the Christian Theologian Judge Roy Moore (61.7%) in the special senatorial election in 2017 , confirming residents’ belief in small government as a conservative value. Yet somehow the Mayor of Orange Beach is not on the same page. Pre-2008, Mayor Steve Russo provided voting residents with amenities: Recreation Center, Tennis Center, Aquatic Center, Library, Senior Center, and Sportsplex. When the city’s purse was full, he gave back to the community. Post-2008, Mayor Tony Kennon’s regime generates $15 million above expenses each year, and has over $40 million in reserves. While the city’s purse is bulging, residents are given increased fees on sewer, restricted vacation rentals, and higher lodging taxes. Looking back to the pre-Kennon era resident memberships at the Recreation Center, including Pool and Tennis were $20 per year. Today the cost is approximately 400% more. It is easy to say things have changed from pro-resident to pro-money, but the analogies smack more of business fundamentals trumping our quality of life. The head scratching continues. Has government grown to service the needs of the voting residents, or has government grown to service the needs of the revenue generating tourist industry? Tony Kennon has successfully inflated the bureaucracy, completely overlooked cuts on property tax in an era of prosperity (4 mils). Residents and businesses could use a little love. Orange Beach does not have a caucus of conservative minds, canvasing for better leadership. We see a Facebook Group against the Flyover Bridge west of the Foley Beach Express and a Facebook Group against the proposed Wolf Bay Bridge near Doc’s. These do not ensure change. Transformation needs a plan, and a political voice. Conservatism “favors tradition in the face of external forces for change,” according to a report on Philosophy Basics. Encouraging more financial prospectors to make speculative investments in Orange Beach is truly an “external force for change”. Our leaders are content, moving the goal posts, accommodating real estate developments with setback variances. The mask is off the long-term plan. The size of government is directly proportional to the number of developments. As proof, subdivision planning has become more aggressive. “A main point of concern raised [by Council] about the subdivision [Broken Sound PUD, Lauder Lane and Pelican Place] itself was in reference to the small setbacks proposed for the development [40 lots]. For RS zoning [residential], front setbacks are a minimum of 30 feet, rear setbacks at least 20 feet and side setbacks require 10 feet. For Broken Sound, the setbacks are set at 18 feet in the front, 8 feet in the rear and 5 feet on the sides,” according to a report by Crystal Cole/ Islander Editor in Gulf Coast News Today. Short-term rentals will not be allowed in this subdivision. “A condition of the Broken Sound PUD approval was that house rentals shall not be less than six months,” according to a report by the City Clerk’s Office in an email. Mayor Kennon explained his thinking, approving this housing project (See Image 1), “They’re going to have to have X number of units to financially make that work, and it’s going to have to be close. In my opinion, even though these are extremely small setbacks and we all [Council Members] have our problems with that, the alternative project of apartments or more townhomes to me was a greater evil,” according to a report by Crystal Cole/ Islander Editor in Gulf Coast News Today. Tony’s logic is business centric, speaking volumes. I argue, we will wake up one morning, wondering how we missed the setback apocalypse. Image 1: Broken Sound Subdivision (PUD) with 5 ft. side setbacks Some are in opposition to stripping away city planning standards, but there is fear of mayoral retribution. Having bones of contention is an unspoken violation. Last cycle, one council member had a vision for better governance, breaking ranks, declaring a much-anticipated candidacy for Tony’s job. The candidate was immediately uninvited from the council’s internal meetings and discussions, according to sources familiar with the events. Such retribution, “is used to discourage future behavior,” according to people who spoke on the condition of anonymity. I assume Mayor Kennon has already found someone to challenge this malcontent in the 2020 election cycle. Not everyone complains about Kennon’s brand of real-estate conservatism. To his credit Mayor Kennon purchased and renovated the Event Center, painted to look like the hotel next door, appearing from the bridge to be part of the same brand-name entity, making it easier to rent out. He also rebuilt the crumbling Art Center from the ruins of the old Orange
Rauf Bolden: Opposing taxation without representation
“It is all about the money. “Money to get the power, power to keep the money,” according to Machiavelli’s patron Lorenzo di Piero de’ Medici. Orange Beach has the power to tax people living outside the corporate limits, and the power to keep the money without allowing them to vote. State Sen. Chris Elliot – Republican, and Gerald Allen – Republican propose doing something about it. Their answer is Alabama Legislation SB19 & SB23. “S23 [SB23 is] a good idea in some respects; however AL is only state in US which grants as much authority to public officials without opportunity to vote on those officials! A complicated issue which has taken lot of legislative time with no good solution!” said Alabama State Rep. Steve McMillan (Republican-Gulf Shores) in an email. Both pieces of legislation argue that a person should have the right to vote for the people who levy taxes, require business licenses, and handle law enforcement in their jurisdiction. It all seems reasonable to me. Orange Beach Mayor Tony Kennon does not agree. Resolutions opposing the senators’ legislation passed unanimously in the Council Chambers on March 19th, according to a recording on the city’s web site, approximately at time index: 14:30. • “Resolution opposing proposed SB19, and opposing any action by the Alabama Legislature that would exempt certain vacation, short-term rentals from lodgings taxes [13%],” according to item 11 on the Agenda’s website. • “Resolution opposing proposed SB23 [], and opposing any action by the Alabama Legislature that would restrict or remove municipal police or planning jurisdictions,” according to item 10 on the Agenda’s website. I reached out to Orange Beach’s Legal Administrator, asking why quashing SB19 & SB23 is so important to the city. Their office did not respond to my request for comment. “Rumor has it the House [Alabama] is blocking the legislation [SB19 & SB23] and it will never pass. City lobbyists deeply involved. Monies from police jurisdictions too valuable to lose,” said Ernie Church in a Facebook Group, End The #Bridge2Nowhere. The legislation SB19 tackles eliminating unfair hospitality taxes. “Transient occupancy tax (lodging tax), not applicable to tent camping, marine ships, and recreational vehicles, Sec. 40-26-1 am’d,” according to a report on LegiScan. Similarly, SB23 seeks to dispose of outside-the-city mercantile taxes, “Municipalities, police jurisdiction and planning jurisdiction, limited to property within corporate limits, provisions for business licenses and sales taxes outside of corporate limits repealed, Secs. 11-51-90, 11-51-206 repealed; Secs. 11-40-10, 11-52-30 am’d,” according to a report on LegiScan. We are looking for clarity, but there is no distinct path forward. Legislators will need consensus, and a willingness to see past a small municipalities’ obsession with the power they hold over their neighbors in the police jurisdictions (PJ). The State of Alabama should demand Orange Beach seed authority to the people who live in the PJ (north of the canal), or incorporate them into their municipality, changing the electoral map forever. Police Jurisdiction of Orange Beach (populated areas outlined in orange north of the canal). Source: See Orange Beach GIS Website. Population of Orange Beach (inside city limits, south of the canal). Source: See Google Public Data. The unfairness of a small group of people having political leverage over the lives of individuals living in the unincorporated areas north of Orange Beach is unsustainable. Mayor Tony Kennon’s resolutions argue for the status quo, ostensibly keeping as much money as possible in the city’s coffers, simultaneously oppressing the voters living outside the city limits.Have the people on the North Shore finally woken up to this power grab?Supporters of the Elliott-Allen Legislation (SB19 & SB23) need the muscle of existing regulations, arguing cities have not adhered to the present rules. Thereby freeing the unincorporated from the constraints of extraterritorial taxation. The requirements are clear, according to the Alabama Department of Revenue. The stipulations for posting Ordinances and maps on the website are quoted below: 1. Copy of the 30-Day Notice that was posted for the following police jurisdiction related ordinances passed on or after 9/1/15: • Ordinances enforcing police or sanitary regulations and prescribing fines and penalties for violations thereof within the police jurisdiction.• Ordinances to fix and collect licenses for any business, trade, or profession done within the police jurisdiction.• Ordinances to levy and assess taxes within the police jurisdiction. 2. Map showing the boundaries of the municipal limits and police jurisdiction: • Due no later than the first day of January in each year.• Maps in PDF or JPG are preferred. Not many Alabama Cities are in compliance. It can be argued that municipal non-compliance automatically exonerates residents from paying taxes. Although this position will be challenged. Citizen complaints should be reported to Alabama Revenue: LocalTaxUnit@revenue.alabama.gov, or faxed to 334-353-7666. I wrote Senator Gerald Allen (R-Tuscaloosa) who sponsored SB19, asking for comment. “Senator Allen [R] will be making public comments when the bill is placed in Committee,” according to an email from Luanne Miller of the Senator’s office. The key issue is getting both these pieces of legislation passed by the Alabama Senate and House. Then signed into law by Governor Kay Ivey. Orange Beach’s lobbyist former Governor Bob Riley will be hard at work, whispering in ears, and twisting arms. If the bills pass, Orange Beach will not have jurisdiction over the North Shore. No planning jurisdiction means no Wolf Bay Bridge. I reached out to Senator Chris Elliott (Republican-Baldwin County). He sponsored SB23. The senator’s office did not respond to my request for comment. Mayor Tony Kennon will fight, saying we do not need to make any changes, supported by his resolutions opposing a refresh. He may argue the city provides services across the canal, including fire and police protection for the residents. Therefore, Orange Beach should keep its extraterritorial jurisdiction as a matter of public safety. Since incorporation in 1984 no Fire Station or Police Precinct House has been built on the North Shore. The public safety argument is nothing more than a smokescreen for keeping the present state of
Rauf Bolden: Rejecting environmentalism in Orange Beach
The construction of the new Lodge in the Alabama State Park set the bar, specifying solar panels for power, recycling water from air conditioners, catching rainwater off the roof, and innovating in ways that reflect the environmental values of our local community. The Gulf State Park Lodge is a shining example, begging our local elected officials to wake up and smell the coffee. Environmentally friendly technologies like solar panels; air conditioner water recycling and rainwater collection are viable, being easily incorporated into building sustainable technologies for the new Middle School/High School in Orange Beach. Unfortunately, the political will is not there. By contrast, “The park is recognized as an international benchmark for environmental and economic sustainability,” according to a report on Gulf State Park Facebook. Broadening the sustainability equation, enveloping the City of Orange Beach will help the city’s environmental image, simultaneously generating significant energy and water savings over time, re-paying the initial cost of adding renewable systems to the new school’s construction. The Gulf State Park is leading the way. The Lodge’s sustainability profile provides an impressive example to follow: “….It collects, stores and treats 105 percent of the water needed by guests and the surrounding landscape. It features an 11,000-gallon water cistern that stores rainwater collected from the building’s roof. ….It is completely self-sufficient and will generate 105 percent of the power needed with solar panels placed at the site’s southwest corner (This means the facility generates more energy than it uses.),” according to a report on Gulf State Park Facebook. I argue, mandating FORTIFIED Homes and Commercial be built as energy and water efficient as they are hurricane resistant is crucial, minimizing the environmental impact on Orange Beach. How did we get here? “Hurricane Ivan made landfall in Gulf Shores on September 16, 2004 and devastated [the] Gulf State Park. This category III storm (categorized as one of the top five worst storms to make landfall on the Gulf Coast) broke the pier into three sections, washed out the bottom floors of the hotel, totaled one of the cabins, and flooded the majority of the park with salt water,” states the Alabama State Parks web site. Ivan required Orange Beach to re-evaluate new home and commercial builds, adopting the FORTIFIED Homes and Commercial criteria as their building codes, but no environmental sustainability amendments like solar panels and water recycling were included. “We [The State Park Lodge] meet the highest standards for an environmentally sustainable hospitality and meeting experience and are seeking certification as a LEED Gold facility, FORTIFIED Commercial facility, and SITES Platinum landscape,” according to a report on The Lodge’s web site. “With new trailheads and places to pause, along with interpretive and wayfinding [sic] signage along the way, it’s ideal for enjoying the stunning natural beauty of Alabama’s Gulf Coast. And it’s accessible to all levels of physical ability. So park your car and leave it behind for unforgettable hikes of all types,” according to The Gulf State Park web site. What appears to be environmental harmony in Orange Beach like trails and clean beaches makes the symphony incomplete without interconnected sustainability woven into the fabric of our local building codes. The City of Orange Beach is singularly focused on the big picture, primarily its bottom line. The FORTIFIED Homes and Commercial standard provide reductions in insurance premiums for locals; but environmental sustainability does not. Mayor Tony Kennon came away impressed with the new lodge, and its stout construction. “I think they did a first-class job,” Kennon said in a report in the Lagniappe. “It’s a unique design but it’s also built in such a way to be fortified to withstand storms and survive. So, I’m very proud of it.” He never disappoints, clearly implying FORTIFIED Homes and Commercial standards are important to him. I argue for a plan, demanding resource conservation measures like solar power and water recycling be incorporated into the city’s FORTIFIED Homes and Commercial building codes, as environmental addendums. When the Gulf State Park opened, the speeches were a master class on the Park’s aspirations for the local community. Mayor Kennon entertained his friends, clearly not cheerleading these sustainability standards. I assume it was because there is no financial incentive in it for him. A solar powered house in Orange Beach does not add more money into the city’s general fund from the electrical cooperative’s partnership with local government. Every year Baldwin EMC presents the City Council with a check for approximately $1 Million, from coal generated power sold to local residents. Alternatively, the Gulf State Park’s sustainability statement suggests raising the standard of environmental ethics over monetary gain, “Environmentally friendly operations and facilities; support for the protection of cultural and natural heritage; direct and tangible social and economic benefits to local people,” according to The Lodge at Gulf State Park web site. On the face of it, Baldwin EMC and Orange Beach rail against adding solar homes and commercial, because it cuts into their margins. According to documentation obtained in an email from Greg Gipson, Manager of Business Development, Energy Services, and Advanced Metering at Baldwin EMC, the electrical provider requires liability insurance and upgrade-payment guarantees from EMC’s solar customers. This procedure insulates EMC’s upstream suppliers from financial exposure by pushing additional expenses for solar connectivity down onto the solar users, according to EMC’s “Members Guide to Interconnected Distributed Resource”, pgs. 8-9. “The Member (read: EMC customer) may be compensated for the power [on solar projects] that flows onto the distribution system,” according to EMC’s “Members Guide to Interconnected Distribution”, pg. 7. This language is conspicuously vague as to if and how much credit is given for each watt of solar power generated. The city’s position is diametrically opposed to the environmental values espoused by the Alabama Gulf State Park. The Park calls for, “Direct and tangible social and economic benefits to local people,” according to a report on The Lodge at Gulf State Park. Elected officials in Orange Beach made a conscious choice about climate change, solar power,
Rauf Bolden: Solutionism in Orange Beach
Solutionists believe their way is the only way, fighting against the tide of possibilities, reasoning they have thought the problem through, analyzed all the facts, and concluded their vision is completely correct. Orange Beach Mayor Tony Kennon is a solutionist. He espouses the fix to the traffic problem in Orange Beach is more roads and bridges to move the tourists, ignoring the evidence that unbridled development on the beach road caused the problem, and it happened over the last ten years on his watch. We are past the point of limiting development, but not past the point of asking ourselves if this government is governed by council’s addiction to the wealth from tourism, or if the notion of maintaining our small town quality of life means more to us than supporting council’s devotion to increasing the city’s tax yield on revenues. The unfolding rests with voting for council seats in 2020, possibly giving birth to a group of neomillennial politicians. Solutionism is singularly focused on the distillation of one person’s ideas, letting them implement every policy of government in a democracy. This requires the collective surrender of all the levers of power, believing the strong individual understands the big picture better than anyone else in the community. The mayor and council are not co-equal branches of government as defined by the founders. Mayor Kennon is the person we elected to lead us through the very difficult recession of 2008, recovering from the post-Ivan devastation of 2005. In 2018 our town sits with cash reserves of more than $40 million, according to documents on the city’s web site. This is commendable, and I am thankful for the city’s fiscal solvency, providing job security for municipal employees. Perhaps it is time to plan for a change away from solutionism. The Alabama Constitution Section 2 provides guidance, “That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient,” according to a report on Justia. Districting Council Seats is one alternative, forcing each council member to support the concerns of their constituents, not the vision of the strong mayor. Mayor Tony Kennon went on a lobbying tour in January of this year, visiting Rotary Clubs and Chambers across the state, arguing for a transportation solution through the State Park (Powerline Road), even though the BP Agreement prohibited such an environmentally destructive project for two decades. “A federal lawsuit that was settled last year, and which enabled a new beachside conference center and hotel complex to move forward, bluntly declares that no north-south connecting road [Powerline Road] can be built through a popular coastal Alabama state park for the next 20 years,” according to a report by John Sharp at al.com. The solutionist in Kennon rails against this part of the settlement. According to a report by John Mullen in the Lagniappe, “I really want to start educating these folks to just how simple the fix is, and that is the road down Powerline Road [north-south corridor] to the beach,” Kennon said. “It could solve so many of our traffic problems during the summer. I’m going to start beating that drum now all over the state as we need help getting that done.” Kennon continues, “These are Alabama’s beaches, we’re the stewards of them and you guys need to help us build the infrastructure and maintain the infrastructure that we need to move all these tourists. You’re not doing Orange Beach a favor by helping us out, you’re doing the state of Alabama a service because there’s so much money generated down here and a good bit of it goes to Montgomery. Orange Beach generates about 15 percent of all lodging tax in the state. This is significant.” Solutionism reflected in Mayor Tony Kennon’s words speaks volumes. This key issue neglects to mention who will get the bill for breaking the BP Agreement, building a road across the state park. Alabama should not entertain paying for nonsense in Orange Beach, including the proposed Flyover Bridge west of the Foley Beach Express. Confiscating properties through eminent domain to build this bridge rails against conservative values. Nothing says socialism quite like seizing private lands. Orange Beach boasts overflowing coffers, enthusiastically campaigning against preserving the environmental integrity of the state park, but still grabbing their portion of the BP settlement, “We were very pleased with $40 million, with $275 million on the table, I’ve seen knifing’s and shootings for a whole lot less but it was fairly distributed and very equitable,” Kennon said, according to a report on Fox10 News. Solutionism is driving the conversation in Orange Beach. We see diametrically opposing forces at work here, simultaneously wanting to kill the BP Settlement, proposing a road across the state park, and concurrently blessing the BP Settlement monies the city has yet to receive. Perhaps it is time to reflect. ••• Rauf Bolden is retired IT Director at the City of Orange Beach, working as an IT & Web Consultant on the Beach Road. He can be reached by email: publisher@velvetillusion.com.
Rauf Bolden: Is the new school in Orange Beach leading to another split?
It may seem obvious to those who look. Orange Beach is perfectly positioned to have an independent school system, divorced from the constraints of the Baldwin County Board of Education (BCBE). In a stroke of negotiated genius, Orange Beach Mayor Tony Kennon closed a deal with BCBE, ensuring they take on millions of dollars worth of construction debt, providing a new High School/Middle School for students in Orange Beach with no increase in local-property taxes. The city did transfer land to BCBE, giving them clear title to the property the school will sit on. This new campus is the final catalyst for a school split in Orange Beach. As with all politicians, there is a hidden cost to partnering with the City of Orange Beach. The Baldwin County Board of Education is expected to make administrative concession, accommodating Mayor Kennon’s vision. He will be disappointed, leading to a split of irreconcilable differences. Kennon said, “I expect to be treated differently, I expect them [Baldwin County Board of Education] to listen to our community [me]. The school [Middle School/High School] that we’re building is a gem for them to show off,” according to a report by John Mullen on the OBA Website. BCBE is not going to let Orange Beach tell them how to do their job, providing the excuse for Orange Beach to file for separation, severing ties with Baldwin County, and forming an independent school system. Orange Beach tried twice before to found a school system. Once in 2007 and once in 2014, but both failed massively. This time the initiative will succeed. Mayor Kennon will have more influence over the school board in an independent school system, finally getting what council has always wanted for Orange Beach, tattooing their guidance on the lives of future generations through a finely tuned curriculum of academics, sports and after-school programs. This will take the worry off the shoulders of working parents, because their kids will be in supervised care from sunup to sundown. Prayer and The Pledge in standalone after-school programs are elements local parents will not oppose; having independent after-school programs is the only way this works. “Organized prayer in the public school setting, whether in the classroom or at a school-sponsored event, is unconstitutional. The only type of prayer that is constitutionally permissible is private, voluntary student prayer that does not interfere with the school’s educational mission,” according to adl.org. By example Gulf Shores City Schools will show how effective independent-minded programs can be, allowing Orange Beach parents to see how they can improve alternative education. Administrative differences will be pointed out, underlining the idea for independence. Perhaps more home-schooled children will come back, because of Orange Beach’s after-school model. Orange Beach must first demonstrate the short comings of the Baldwin County Schools, pointing again to how well an independent school system like Gulf Shores targets the unique needs of local children in a way generic, county-wide education never can, like marine biology, oceanography, or religious studies. Political interests will start to align, pointing out the discrepancies, and shortcomings of the county system. A groundswell of concern will rise, pleading for help, leading to discussions, therapy and divorce. “I would hope Gulf Shores would go ahead and help us [Orange Beach] move forward so both city and county schools can move forward,” said Mayor Tony Kennon. “We [BCBE] need to hire administrators, coaches, and … it’s frustrating and unfair to the parents who are in limbo.” according to a report in al.com (https://www.al.com/news/2018/12/orange-beach-families-to-state-where-are-we-going-to-school-next-year.html). The Baldwin County Board of Education and the Gulf Shores City School Board could not find common ground, negotiating the school separation, requiring the Alabama State Superintendent of Education to step in, settling the dispute. “Gulf Shores High School students living outside of the city going into grades 11 and 12 will remain at the school. Next year’s 10th graders will have the choice to stay at Gulf Shores High School or to attend class in Orange Beach,” said Dr. Eric Mackey, Alabama’s State Superintendent of Education. The possibility exists that students attending Gulf Shores City Schools from Orange Beach and Ono Island will be required to pay tuition, “Gulf Shores City Schools shall retain the right to formulate an Out of District Policy at their discretion,” said Mackey, according to a report in mynbc15.com. This Out of District Policy ruling is leverage for Gulf Shores City Schools. Precedent already exists for student applications, vetting, and tuition payments in Satsuma, an independent school system, according to a report on Satsuma City Schools web site. Kennon will be very disappointed if Orange Beach is saddled with a large tuition bill for its students, but you cannot expect Gulf Shores’ taxpayers to foot the bill for Orange Beach’s students. The Orange Beach City Council could volunteer to subsidize tuition, providing financial assistance to local parents, during the transition period. The Orange Beach separation whispers have already begun, based on the premise that we can do it better. “I am not comparing Orange Beach schools to the county,” Kennon said. “I’m comparing Orange Beach schools to the best in the state. If we can’t be the best in the state, then we have underachieved. We have the ability, the financial wherewithal to be the best in the state. No one can hold us back. We have to as a community expect excellence, hold our kids to it and hold other parents to it. If we don’t demand excellence, if we don’t demand that we are the best in the state then we’re not going to get it.” Obviously Mayor Kennon wants to put his stamp on the way things are done. This will be impossible with the reins of power in the hands of the Baldwin County Board of Education. Sooner rather than later Kennon will announce Orange Beach is going their own way. Orange Beach can afford to go it alone. In 2017 the city generated $41.8 million in revenue, having $25.1 million in expenses, leaving $16.7
