ORANGE BEACH, Ala. – Just when it seemed as if an agreement might be reached on the Phoenix West II development, the controversy has re-ignited.

Mayor Tony Kennon, the city council and several members of the audience discussed pros and cons and explained different sides that exposed the rift once believed closed is wide-open again.

And it’s quite likely that rift won’t be spanned by a pedestrian bridge across Alabama 182 to the Village of Tannin.

Developer Brett/Robinson appeared before the planning commission in November and asked for relief from some of the public benefits the developer promised back in 2005, citing financial woes because of the economic downturn and the BP oil spiil. The commission voted 5-1 on Jan. 12 to approve the amendments.

The council can vote on the amendments or offer new ones, then vote on it Tuesday. The council also has the option of tabling it for the third time.

One of those amendments was a bridge to Tannin to help foster economic development in its proposed town center. From there, the discussion took off in a full gallop that ended more than an hour later at pretty much where it started.

“Or,” Councilman Jeff Silvers concluded near the end of the hour, “we go back to this original amendment, everything inside, and vote on the planning commission’s recommendation. And then you’ll have one party upset and one party happy.”

That brought the mayor to the point he has steadfastly stood by since the discussion began more than a month ago.

“Jeff, what you said is correct, except for one thing,” Kennon said. “One side’s going to sue us and has a chance to win with major ramifications if we lose in millions of dollars.”

Kennon and Silvers both stated during the meeting they oppose a pedestrian bridge. Kennon also sits on the planning commission and voted in favor of the amendments.

The other council members – Joni Blalock, Pattisue Simpson and Ed Carroll – have not stated an opinion.

Councilman Brett Holk, also a member of the planning commission, was the only member of that panel to vote against relief for Brett/Robinson.

“I think we should stick with the (planned unit development) we have now,” Holk said. “I’d like to try and keep it simple to what they agreed to and then move forward on that aspect.”

Holk said that doesn’t necessarily mean a bridge. He mentioned Turquoise Place offered up public benefits of bathrooms at a beach access on that complex’s west side and offered to build a fire station across the street as well.

The city didn’t necessarily want those amenities, he said, but accepted money – what it would cost to build them – instead.

“They actually paid everything upfront for whatever he didn’t do,” Holk said. “So, if there’s something they don’t want to do, then they need to pony up that money.”

Which is a point supported by Blalock.

One of the amendments approved by the planning commission was to forgo the $1.5 million promised toward a bridge, but instead pay that to the city over five years. That figure is basically what it would cost for impact fees per unit.

“Why should the city have to wait an additional five years even if it means a little more money in interest?” Blalock asked. “Think of the things we can do with that money. When they get that (certificate of occupancy), we should get our money. I feel strongly about that.”

Kennon countered that Brett/Robinson has told him repeatedly they cannot afford to provide any cash up front.

Tannin resident Jim Jennings said the pedestrian bridge is vital to the development of a retail area or a town center.

“I really, truly believe we will not have the town center if we do not have the bridge,” he said.

Cecil Young has a beachfront home in the immediate area and wondered why the retail hasn’t been developed already.

“He’s been sitting there seven years and not one retail business has he put up on there,” Young said of Tannin Inc. owner George Gounares. “Why haven’t they built any retail? We’ve got strip malls all over the city.”

Young said does not favor the proposed pedestrian crosswalk.

“We’ve got this monstrosity of a condo building here and now we’re going to have this walkway built?” he said. “As a person who has to look at it every day, I am against it.”