HomeMy WebLinkAbout04-29-2025 City Council Agenda Packet
CITY OF FAIRHOPE
CITY COUNCIL REGULAR AGENDA
Tuesday, April 29, 2025 - 6:00 PM
City Council Chamber
Council Members
Jack Burrell
Corey Martin
Jimmy Conyers
Jay Robinson
Kevin G. Boone
Invocation and Pledge of Allegiance
1. Approve minutes of April 14, 2025 Regular City Council Meeting and minutes of April
14, 2025 Work Session.
2. Report of the Mayor
John O'Melveny Woods, Intellect Publishing, Building Dreams
The Legacy of Fairhope's Visionary Mayor James P. Nix
3. Public Participation – Agenda Items – (3 minutes maximum)
4. Council Comments
5. PUBLIC HEARING – Ordinance – Amend Zoning Ordinance No. 1253 - Public
hearing to consider the request of the Applicant, S.E. Civil, on behalf of the owners,
Robert and Renee Taylor and FST Blue Island Owners Association, to amend the
Planned Unit Development, known as Hermitage Court. The property is
approximately 0.36 acres and is located at 620 Hermitage Court. PPIN #: 226992.
6. FINAL ADOPTION - Ordinance - An Ordinance to grant a Franchise Agreement to
Coca-Cola Bottling Company United-Central, LLC to operate Beverage Vending
and Concession Machines specified in (Bid No. 25-015), Beverage Vending and
Concession Annual Contract - Three Years. (Introduced at the City Council Meeting
on April 14, 2025).
7. Ordinance - An Ordinance to declare that certain real property of the City of Fairhope
(Part of the K-1 Center located at 106 S. Church Street) for Baldwin County
Community and Economic Development Foundation, Inc. outlined in Exhibit A
attached to lease is not needed for public or municipal purposes in response to an
offer to lease property for a fifteen (15) year term for the minimum yearly rent of
$1.00 payable as specified in lease.
8. Resolution - That Lisa A. Hanks, City Clerk, is hereby appointed to perform all the
duties otherwise required to be performed by the Mayor per Code of Alabama, 1975
with respect to the Municipal Election to be held in the City of Fairhope on August
26, 2025; and if necessary, a Run-off Election on September 23, 2025.
9. Resolution – Appoint Election Officials for Election Day on August 26, 2025, and
Run-off Election Day on September 23, 2025, if necessary; and establish
compensation for Election Officials.
Page 1 of 253
City Council Regular Meeting
April 29, 2025
Page - 2 -
10. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Mott MacDonald Alabama, LLC for Professional Engineering Design Services
for Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP II)
Intersection Improvements at US98 and Volanta Avenue (RFQ PS25-026) with a
not-to-exceed amount of $203,988.00. Authorize Treasurer to transfer $189,678.73
from General Fund to Capital Projects fund previously approved during the March
10, 2025, Council Meeting.
11. Resolution - To Award (Bid No. 25-022) to Pike Engineering, LLC. for Joint Use
Attachment Inventory for City of Fairhope Electric Department with a not-to-exceed
bid proposal of $135,050.00.
12. Resolution - To Award (Bid No. 25-028) to GMC Underground for Fairhope Cast
Iron Replacement Phase 2 with a bid proposal not to exceed $4,107,412.00.
13. Resolution - That the City Council approves Amendment No. 3 for (RFQ No. PS015-
22) Natural Gas Engineering Consulting Services with Magnolia River Services, Inc.
for Cast Iron Pipe Replacement Phase 1 for additional inspection services with a
not-to-exceed amount of $175,832.35; and authorizes Mayor Sherry Sullivan to
execute contract amendment. The contract price will not-to-exceed $1,890,598.85.
14. Resolution - That the City Council approves Contract Amendment No. 1 for (RFQ
PS24-010) with Kimley-Horn and Associates, Inc. for Professional Engineering
Services for Lead Service Lines Inventory and Compliance - Phase 1 with a not-to-
exceed amount of $57,907.63; and authorizes Mayor Sherry Sullivan to execute
contract amendment. The new contract total with a not-to-exceed amount of
$135,607.63.
15. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract
with Duke's Root Control, Inc. for I & I (Inflow and Infiltration) Identification Study
(RFQ PS25-027) with a not-to-exceed amount of $49,500.00.
16. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan
for (RFQ PS25-028) for Professional Engineering Services for 8" Water Main
Replacement Under Rock Creek Project to Krebs Engineering; and hereby
authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of
$30,000.00.
17. Resolution - That the City Council hereby authorizes Mayor Sherry Sullivan to
execute a contract for Professional Services for closing costs and title insurance on
the Bible Way Holiness Land Purchase with Kopesky & Britt, LLC with a cost not-
to-exceed $10,000.00; and further authorizes the Mayor to execute the purchase
agreement for the property and easement described herein with a purchase price of
$18,000.00 with credit for $1,000.00 already submitted.
Page 2 of 253
City Council Regular Meeting
April 29, 2025
Page - 3 -
18. Resolution - That the City Council hereby amends Resolution No. 5298-24 to add
the following to II. Reservations, Section 5. b. “Groups that have held annual events
and have consistently rented the auditorium for at least ten consecutive years are
granted the privilege to reserve the venue with the same end time as in previous
years.”
19. Resolution - That the City Council hereby Repeals and Replaces Resolution No.
1409-07 setting forth the Rules and Regulations for the Operation of the James P.
Nix Center Complex located at One Bayou Drive, Fairhope, Alabama.
20. Application for Beer/Wine On/Off Premises License by John S. MacArthur, Fairhope
Hemp LLC, d/b/a Johnny Macs, 505 Fairhope, Alabama 36532.
21. Public Participation – (3 minutes maximum)
22. Executive Session - To discuss pending litigation and the legal ramifications of and
legal options for potential litigation.
23. Adjourn
Regular Meetings of the City Council shall be held on the 2nd and 4th Monday
nights of each month immediately following the 4:30 p.m. Work Session
unless prescheduled and announced otherwise.
Next Regular City Council Meeting - Monday, May 12, 2025, 6:00 p.m.
Fairhope Municipal Complex
City Council Chamber
161 North Section Street
Fairhope, AL 36532
Page 3 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-949
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Approve minutes of April 14, 2025 Regular City Council Meeting and
minutes of April 14, 2025 Work Session.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 4 of 253
STATE OF ALABAMA )(
:
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
5:25 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 14 April 2025.
Present were Council President Jack Burrell, Councilmembers: Corey Martin,
Jay Robinson, and Kevin Boone. Mayor Sherry Sullivan, City Attorney Marcus E.
McDowell, and Assistant City Clerk Jenny Opal Wilson. Councilmember Jimmy
Conyers and City Clerk Lisa Hanks were absent.
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Rev. Michael Precht of Fairhope United
Methodist Church, and the Pledge of Allegiance was recited.
Councilmember Martin moved to approve minutes of the 24 March 2025,
regular meeting; and minutes of the 24 March 2025, work session. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
Mayor Sullivan addressed the City Council regarding the following items:
1) Easter Sunrise Service on the bluff at Henry George Park, Sunday, April
20, 2025, 6:30 a.m., hosted by The Optimist Club and Dogwood Trail
Court.
2) Proclamation presented for “National Child Abuse Month” to Niki
Whitaker, Executive Director, Baldwin County Child Advocacy Center.
3) Proclamation presented for “National Public Safety Telecommunicators
Week, April 13-19, 2025” to honor our Dispatchers: Jeanuth Wright,
Taylor Steadham, Jessica Little, and Haylee Pressly. Lieutenant Charles
Varnado addressed Council and gave a brief summary in honor of our
dispatchers.
Benjamin Cummings addressed Council during Public Participation on
Agenda Item No. 9 in favor of Council approval on the Site Plan Review and
Approval on the Request of the Applicant, Benjamin Cummings, acting on behalf of
the Owner, Fairhope 9 LLC, for Site Plan Approval of Harvey and Thomas
Orthodontist on property zoned B-2 General Business District.
Councilmember Corey Martin wished everyone a Happy Easter and their
families and to stay safe during the holidays. Councilmember Jay Robinson and
Councilmember Kevin Boone had no comment. Council President Jack Burrell
acknowledged Department Heads that addressed Council during the Work Session
with insight on their departments.
Page 5 of 253
14 April 2025
Councilmember Jay Robinson moved for final adoption of Ordinance No.
1830, an ordinance for annexation of Casa Azul Fairhope, LLC (Daniel Dorta)
property located at 18348 Greeno Road, Fairhope, Alabama and zoned B-1 Local
Shopping District. Tax Parcel 46-08-28-0-000-017.001. (Introduced at the City
Council Meeting on March 24, 2025). Seconded by Councilmember Kevin Boone,
motion for final adoption passed by the following voice votes: AYE – Burrell, Martin,
Robinson, and Boone. NAY - None.
Councilmember Corey Martin introduced in writing an ordinance to grant a
Franchise Agreement Coca-Cola Bottling Company United-Central, LLC to operate
Beverage Vending and Concession Machines specified in (Bid No. 25-015), Beverage
Vending and Concession Annual Contract – Three Years. Due to lack of a motion for
immediate consideration, this ordinance will layover until the April 29, 2025
City Council meeting.
Councilmember Jay Robinson introduced in writing an ordinance to amend
Ordinance No. 1820 Section 5. Covenants: c) of Lease Agreement with Hope
Community by adding the following language: Notwithstanding the terms and
conditions of this provision, the Tenant may sublease certain portions of the property
only with the express written consent of the Governing Body of the City of Fairhope.
In order to take immediate action, Councilmember Jay Robinson moved for
immediate consideration. Seconded by Councilmember Kevin Boone, motion for
immediate consideration passed unanimously by the following voice votes: AYE –
Burrell, Martin, Robinson, and Boone. NAY - None.
Councilmember Jay Robinson then moved for final adoption of Ordinance
No. 1831 an ordinance to amend Ordinance No. 1820 Section 5. Covenants: c) of
Lease Agreement with Hope Community by adding the following language:
Notwithstanding the terms and conditions of this provision, the Tenant may sublease
certain portions of the property only with the express written consent of the
Governing Body of the City of Fairhope. Seconded by Councilmember Corey Martin,
motion for final adoption passed by the following voice votes: AYE – Burrell,
Martin, Robinson, and Boone. NAY – None.
Councilmember Jay Robinson introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council hereby
approves Mobile Bay Maker’s Market LLC to execute a sublease agreement with
Hope Community for its outdoor market. Seconded by Councilmember Corey Martin,
motion passed unanimously by voice vote.
Page 6 of 253
14 April 2025
RESOLUTION NO. 5413-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby approves for the Maker’s
Market to execute a one-year lease with Hope Community for their outdoor market
located in the “Parking Lot Area of the Property”; and must have a Certificate of
Insurance naming the City of Fairhope additional insured. Any additional leases
and/or permissions would have to come back to City Council approval.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Planning Director Hunter Simmons addressed the City Council to explain the
Site Plan Review and Approval on the request of the Applicant, Bejamin Cummings,
acting on behalf of the Owner, Fairhope 9 LLC, for Site Plan Approval of Harvey and
Thomas Orthodontist on property zoned B-2 General Business District. The property
is located at the northeast corner of Highway 181 and Highway 104, Lot 9 and is
approximately 1.0 acres. PPIN#: 627499. (Planning Commission unanimously
recommends approval of SR 25.02). .
Councilmember Kevin Boone moved to approve the Site Plan of Harvey and
Thomas Orthodontist; property owned by Fairhope 9 LLC as listed above. Seconded
by Councilmember Jay Robinson, motion passed unanimously by voice vote.
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council approves the
selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ
PS25-026) for Design Services for Alabama Transportation Rehabilitation and
Improvement-II Program (A-TRIP II) Intersection Improvements at US98 and
Volanta Avenue to Mott MacDonald Alabama, LLC; and hereby authorize Mayor
Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by
Councilmember Corey Martin, motion passed unanimously by voice vote.
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14 April 2025
RESOLUTION NO. 5414-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council approves the selection by Mayor
Sherry Sullivan for Professional Engineering Services for (RFQ PS25-026) for
Design Services for Alabama Transportation Rehabilitation and Improvement-II
Program (A-TRIP II) Intersection Improvements at US98 and Volanta Avenue to
Mott MacDonald Alabama, LLC: and hereby authorize Mayor Sulivan to negotiate
the not-to-exceed fee to be approved by Council.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council approves the
selection by the Evaluation Team for Professional Landscape Architectural Services
for (RFQ PS25-017) for the Flying Creek Nature Preserve – Phase II to Thompson
Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-
exceed fee to be approved by Council. Seconded by Councilmember
Jay Robinson, motion passed unanimously by voice vote.
RESOLUTION NO. 5415-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves the selection by the Evaluation Team for
Professional Landscape Architectural Services for (RFQ PS25-017) for the Flying
Creek Nature Preserve – Phase II to Thompson Engineering; and hereby authorizes
Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council.
Page 8 of 253
14 April 2025
DULY ADOPTED THIS 14TH DAY OF APRIL, 2025
_________________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution to authorize a budget transfer of
$100,000.00 from General Fund to Capital Projects Fund for Flying Creek Nature
Preserve (FCNP) and John Martin Nature Center (JMNC) signage and furnishings.
Seconded by Councilmember Jay Robinson, motion passed unanimously by voice
vote.
RESOLUTION NO. 5416-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] To authorize a budget transfer of $100,000.00 from General Fund to Capital
Projects Fund for Flying Creek Nature Preserve (FCNP) and John Martin Nature
Center (JMNC) signage and furnishings.
DULY ADPOTED ON THIS 14TH DAY OF APRIL, 2025
____________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 9 of 253
14 April 2025
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution that Mayor Sherry Sullivan is
hereby authorized to execute a contract with Neel-Schaffer, Inc. for Professional
Traffic Engineering Services for (RFQ PS25-024) for the Twin Beech Corridor Study
with a not-to-exceed contract amount of $40,000.00. Seconded by Councilmember
Jay Robinson, motion passed unanimously by voice vote.
RESOLUTION NO. 5417-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to
execute a Contract with Neel-Schaffer, Inc. for Professional Traffic Engineering
Services for (RFQ PS25-024) for the Twin Beech Corridor Study with a not-to-
exceed contract amount of $40,000.00.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Kevin Boone introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council approves and
accepts the Right-of-Entry and Permanent Utility Easement from the Fairhope Single
Tax Corporation, Arthur R. Pouncey and Pam Pouncey to the City of Fairhope for
and in consideration of the sum of THREE THOUSAND AND TWENTY FOUR
DOLLARS ($3,024.00) for the following purposes, to-wit: The right to enter upon the
hereinafter described land and grade, level, cut, fill, build, inspect, repair, replace and
maintain a 180-degree return on a force main as part of the public sewer system,
together with such valves, culverts, pipes, fittings and connections as may be
necessary, and all other work related to the future maintenance of the Fairhope Sewer
Utility Improvements Project located at 9621 Fairhope Avenue, Fairhope, Alabama
36532. Seconded by Councilmember Jay Robinson, motion passed unanimously by
voice vote.
Page 10 of 253
14 April 2025
RESOLUTION NO. 5418-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council approves and accepts the Right-of-
Entry and Permanent Utility Easement from the Fairhope Single Tax Corporation,
Arthur R. Pouncey and Pam Pouncey to the City of Fairhope for and in consideration
of the sum of THREE THOUSAND AND TWENTY FOUR DOLLARS ($3,024.00)
for the following purposes, to-wit: The right to enter upon the hereinafter described
land and grade, level, cut, fill, build, inspect, repair, replace and maintain a 180-
degree return on a force main as part of the public sewer system, together with such
valves, culverts, pipes, fittings and connections as may be necessary, and all other
work related to the future maintenance of the Fairhope Sewer Utility Improvements
Project located at 9621 Fairhope Avenue, Fairhope, Alabama 36532.
Adopted on this 14th day of April, 2025
________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Jay Robinson introduced in writing, and moved for the
adoption of the following resolution, a resolution authorizing Mayor Sherry Sullivan
to inform and submit the Municipal Water Pollution Prevention Program (MWPP)
Report for 2024 to the Department of Environmental Management. Seconded by
Councilmember Kevin Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 5419-25
MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Sherry Sullivan is hereby authorized to inform the
Department of Environmental Management that the following actions were taken by
the City Council of the City of Fairhope, Alabama.
1. Reviewed the MWPP Annual Report which is attached to the resolution.
Page 11 of 253
14 April 2025
2. Set forth the following actions and schedule necessary to maintain effluent
requirement contained in the NPDES Permit, and to prevent the bypass and
overflow of raw sewage within the collection system or at the treatment
plant:
(a) Continue to locate and repair breaches in the collection system that
allow infiltration and flow into the wastewater system.
(b) Continue to upgrade transmission capacity to keep pace with
growth.
(c) Continue to develop maintenance alarms within the SCADA
System that encourage a proactive maintenance response to prolong
the useful life of pumps and motors in the system.
(d) Use the SCADA System using system storage and future side
stream storage systems when available.
(e) Continue to perform O & M requirements to the treatment and
collection system and complete repairs when discovered.
Adopted this 14th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
__________________________________
Lisa A. Hanks, MMC
City Clerk
I, Lisa A. Hanks, City Clerk of the City of Fairhope, Alabama, do hereby certify that
this is a true and correct copy of Resolution No. _______ passed and approved by the
City Council of the City of Fairhope, Alabama, on the 14th day of April, 2025.
_____________________________________________________________________
Lisa A. Hanks, City Clerk Date
*
*
Page 12 of 253
14 April 2025
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution to award (Bid No. 25-026) to BLD
Services, LLC for Fairhope Sewer Manhole Rehabilitation Annual Contract with a
bid proposal for Base Bid Part One – Rohr Area (Sewer District) Manholes for
$52,300.00, Base Bid Part Two – Lakewood Area (Sewer District) Manholes for
$88,590.00 and Base Bid Part Three – Annual Contract Pricing for $358,178.00.
Total Cost not-to-exceed $499,068.00. Seconded by Councilmember Jay Robinson,
motion passed unanimously by voice vote.
RESOLUTION NO. 5420-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for the Fairhope
Sewer Manhole Rehabilitation Annual Contract: Base Bid Part 1 - Rohr Area (Sewer
District) Manholes, Base Bid Part 2 - Lakewood Area (Sewer District) Manholes, and
Base Bid Part 3 – Annual Contract Pricing (Bid Number 25-026) for the
Water/Wastewater Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Vendor Rohr Area –
Base Bid Part One
Lakewood Area –
Base Bid Part Two
BLD Services, LLC $52,300.00 $ 88,590.00
Ranger Environmental Services, LLC $48,410.00 $100,805.00
Slaughter Construction Company, Inc. $69,620.00 $115,250.00
Gulf Coast Underground, LLC $65,880.00 $126,520.00
[3] After evaluating the bid proposals with the required bid specifications, BLD
Services, LLC is now awarded (Bid Number 25-026) for the Fairhope Sewer
Manhole Rehabilitation Annual Contract: Rohr Area Manholes and Lakewood Area
Manholes projects for a total of $140,890.00, and Base Bid Part Three – Annual
Contract Pricing for $358,178.00 for a total not-to-exceed of $499,068.00.
Adopted on this 14th day of April, 2025
*
*
Page 13 of 253
14 April 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City of Fairhope approves
the procurement of Repair Services for Well #2 Pump from Morrow Water
Technologies for the not-to-exceed cost of $41,739.47. Seconded by Councilmember
Jay Robinson, motion passed unanimously by voice vote.
RESOLUTION NO. 5421-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement
of Repair Services for Well #2 Pump from Morrow Water Technologies for the
not-to-exceed Cost of $41,739.47.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
____________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council approves the
selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ
PS25-027) for I & I (Inflow and Infiltration) Identification Study to Duke’s Root
Control, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee
to be approved by Council. Seconded by Councilmember Jay Robinson, motion
passed unanimously by voice vote.
Page 14 of 253
14 April 2025
RESOLUTION NO. 5422-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council approves the selection by Mayor
Sherry Sullivan for Professional Consulting Services for (RFQ PS25-027) for I&I
(Inflow and Infiltration) Identification Study to Duke’s Root Control, Inc.; and hereby
authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by
Council.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Jay Robinson introduced in writing, and moved for the
adoption of the following resolution, a resolution to award (Bid No. 25-025) to
Southcon for 46KV Transmission Line Project – Concrete Poles with a bid proposal
not-to-exceed $105,956.00. Seconded by Councilmember Corey Martin, motion
passed unanimously by voice vote.
RESOLUTION NO. 5423-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for 46KV
Transmission Line Project – Concrete Poles (Bid Number 25-025) for the Electric
Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
SouthCon $105,956.00
Gresco Utility Supply $109,233.00
Tri-State Utility Products, Inc. $117,706.00
Page 15 of 253
14 April 2025
[3] After evaluating the bid proposals with the required bid specifications, SouthCon
is now awarded the bid for 46KV Transmission Line Project – Concrete Poles (Bid
Number 25-025) for the Electric Department with a total bid proposal not-to-exceed
of $105,956.00.
Adopted on this 14th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution to award (Bid No. 25-031) to
Gresco Utility Supply for 46KV Transmission Line Project – Transmission Switches
with a bid proposal not-to-exceed $85,953.00. Seconded by Councilmember Kevin
Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 5424-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for 46KV
Transmission Line Project – Transmission Switches (Bid Number 25-031) for the
Electric Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Gresco Utility Supply $85,953.00
Wesco $91,449.73
MVA Power, Inc. $102,220.00
[3] After evaluating the bid proposals with the required bid specifications, Gresco
Utility Supply is now awarded the bid for 46KV Transmission Line Project –
Page 16 of 253
14 April 2025
Transmission Switches (Bid Number 25-031) for the Electric Department with a total
bid proposal not-to-exceed of $85,953.00.
Adopted on this 14th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Jay Robinson introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council authorizes
submission to the Alabama Law Enforcement Agency’s (ALEA) Homeland Security
Grant Program (HSGP) for vehicle mitigation barriers and 250 additional metal
control barricades. The total grant amount will be $200,000.00 with no match
required. Seconded by Councilmember Corey Martin, motion passed unanimously by
voice vote.
RESOLUTION NO. 5425-25
AUTHORIZING THE EXECUTION OF A SUBRECIPIENT FUNDING
AGREEMENT WITH THE ALABAMA LAW ENFORCEMENT AGENCY FOR
THE STATE HOMELAND SECURITY GRANT
WHEREAS, the City of Fairhope (hereinafter, “Subrecipient Grantee”), acting by and
through its administrative agent, the Alabama Law Enforcement Agency (hereinafter,
“ALEA”), submitted a grant application for the purpose of conducting exercises, receiving
training or the purpose of equipment for the department; and
WHEREAS, the City of Fairhope is the Subrecipient of grant funds from the State Homeland
Security Grant Program through ALEA for $200,000.00 to be used to purchase soft
target/crowded place protection equipment/barriers; and
NOW THEREFORE THIS SUBRECIPENT FUNDING AGREEMENT, (“Agreement”)
is made and entered into by and between the Alabama Law Enforcement Agency and the City
of Fairhope.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRHOPE, IN
REGULAR SESSION ASSEMBLED, that the City of Fairhope authorizes acceptance of
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14 April 2025
the grant award from the Alabama Law Enforcement Agency; authorizes Mayor Sherry
Sullivan to sign the Subrecipient Funding Agreement for the State Homeland Security Grant
in the amount of $200,000.00.
DULY ADOPTED THIS 14TH DAY OF APRIL, 2025
________________________________
Jack Burrell, Council President
Attest:
_________________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution to award Bid No. 25-027 for the
procurement of two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew
Cab to Hardy Chevrolet Buick GMC Inc. for a not-to-exceed amount of $98,638.40.
Seconded by Councilmember Jay Robinson, motion passed unanimously by voice
vote.
RESOLUTION NO. 5426-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for Three (3) New
2024 and 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab (Bid Number 25-027)
for the Police Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
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14 April 2025
[3] After evaluating the bid proposals with the required bid specifications, Hardy
Chevrolet Buick GMC, Inc. is now awarded the bid for two (2) 2025 Chevrolet
Silverado 1500 PPV 4WD Crew Cab Patrol Vehicles for the Police Department with
a total bid proposal not-to-exceed of $98,638.40.
Adopted on this 14th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Corey Martin introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council hereby
approves the payroll reallocation defined as the following effective immediately: the
Police Department is requesting to organize a program for two (2) temporary
Criminal Justice interns at an estimated cost of $4,050.00 per intern for the duration
of 10 weeks [est. $8,100.00 total]: and the available funding will be derived from
payroll funds budgeted for one (1) Part-Time Police Officer position in the FY 2025
Budget. Seconded by Councilmember Jay Robinson, motion passed unanimously by
voice vote.
RESOLUTION NO. 5427-25
WHEREAS, Fairhope Police Department is desirous of organizing a program for two
Temporary Criminal Justice Interns for college students seeking a career in the
Criminal Justice field; and
WHEREAS, the City of Fairhope provided for one (1) Part-Time Police Officer
position in the FY2025 Budget; and
WHEREAS, the department is requesting to organize a program for two Temporary
Criminal Justice Interns at an estimated cost of $4,050.00 per intern for the duration
of the 10-week program [est. $8,100.00 total]; and
WHEREAS, Fairhope Police Department has identified the following available funds
due to a payroll vacancy; and
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14 April 2025
Dept Position Position # Total Amount
Police Part-Time Police Officer 1953 $8,100.00
WHEREAS, the Fairhope Police Department is requesting to reallocate the identified
payroll funds to the two Temporary Intern positions.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves the payroll
reallocation defined above effective immediately.
ADOPTED THIS 14TH DAY OF APRIL, 2025
______________________________
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Kevin Boone introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City Council approves and
adopts the recommendations of the Personnel Board for the reclassification of the
Utilities Public Relations Coordinator (Grade 11) FLSA status from “exempt from
overtime regulations” to “non-exempt from overtime regulations” with no effect to
the assigned pay grade. Seconded by Councilmember Jay Robinson, motion passed
unanimously by voice vote.
RESOLUTION NO. 5428-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,
ALABAMA, That the City Council approves and adopts the recommendations
of the Personnel Board for the reclassification of the Utilities Public Relations
Coordinator (Grade 11) FLSA status from “exempt from overtime regulations”
to “non-exempt from overtime regulations” with no effect to the assigned pay
grade.
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14 April 2025
ADOPTED THIS 14TH DAY OF APRIL 2025
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Kevin Boone introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City of Fairhope approves
the procurement of the Annual Renewal of CivicPlus Media that is on The Interlocal
Purchasing System (“TIPS”) (Contract #220105) with CivicPlus; and therefore does
not have to be let out to bid. The total annual amount not-to-exceed $14,469.48.
Seconded by Councilmember Jay Robinson, motion passed unanimously by voice
vote.
RESOLUTION NO. 5429-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope approves the procurement of the Annual Renewal of
CivicPlus Media that is on The Interlocal Purchasing System ("TIPS") (Contract
#220105) with CivicPlus; and therefore does not have to be let out for bid. The
total annual amount not-to-exceed $14,469.48.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
___________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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14 April 2025
Councilmember Corey Martin moved to grant the request of Chad Clark,
Event Coordinator, The Fairhope Rotary Club Foundation requesting permission for
approval of the “Fairhope Rotary Club Steak Cook-Off” on May 10, 2025, for street
closures on Bancroft Street, between Fairhope Avenue and Morphy Avenue, and
Johnson Avenue between Section Street and Bancroft Street; event from 12:00 p.m.
to midnight; and approval to allow alcohol on City streets contingent upon ABC
license and approval. Seconded by Councilmember Kevin Boone, motion passed
unanimously by voice vote.
Councilmember Corey Martin moved to grant the request of Gary Constantine
requesting permission for a waiver of the Noise Ordinance for a Wedding Celebration
being held at the Fairhope Inn in the evening hours of Saturday, April 11, 2026 to
extend the 10:00 p.m. deadline to 10:30 p.m. Seconded by Councilmember Jay
Robinson, motion passed unanimously by voice vote.
City Council reviewed an application for a Special Retail License – More than
30 Days License by Lowrey Holdings, LLC d/b/a Sallie located at 406 Pine Avenue,
Fairhope, Alabama. Councilmember Jay Robinson moved to approve the issuance of
the license. Seconded by Councilmember Corey Martin, motion passed unanimously
by voice vote.
Councilmember Jay Robinson moved to appoint Cal Cooper to the Pedestrian
and Bicycle Committee for a three-year term which will expire April 2028. Seconded
by Councilmember Corey Martin, motion passed unanimously by voice vote.
The following individuals spoke during Public Participation for Non-Agenda
Items:
1) Gibbs Pearson, 126 White Avenue, Fairhope, Alabama 36532, addressed
the City Council to propose convex mirrors in various street locations
around the City. Mayor Sherry Sullivan requested Gibbs give his
information to Jenny Wilson, Assistant City Clerk to exchange with Chief
Stephanie Hollinghead for the Streets and Traffic Committee.
At the request of the City Attorney, Marcus E. McDowell, the City Council
will rise from the meeting to go into Executive Session based on Alabama Code
Section 36-25A-7(a)(4) to discuss security plans, procedures, assessments, measures,
or systems, or the security or safety of persons, structures, facilities, or other
infrastructures, the public disclosure of which could reasonably be expected to be
detrimental to public safety and welfare. The approximate time to be in Executive
Session is forty-five (45) minutes. Councilmember Jay Robinson moved to go into
Executive Session. Seconded by Councilmember Kevin Boone, motion passed
unanimously by voice vote.
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14 April 2025
Exited the dais at 6:14 p.m. Returned at 7:19 p.m.
Councilmember Kevin Boone moved to adjourn the meeting. Seconded by
Councilmember Jay Robinson, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:20 p.m.
Jack Burrell, Council President
________________________________
Jenny Opal Wilson, CMC
Assistant City Clerk
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STATE OF ALABAMA ) (
:
COUNTY OF BALDWIN ) (
The City Council met in a Work Session
at 4:30 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532,
on Monday, 14 April 2025.
Present were Council President Jack Burrell, Councilmembers: Corey Martin,
Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E.
McDowell, and Assistant City Clerk Jenny Opal Wilson. Councilmember Jimmy
Conyers and City Clerk Lisa Hanks were absent.
Council President Burrell called the meeting to order at 4:33 p.m.
The following topics were discussed:
1. The first item on the Agenda was Committee Updates.
• Councilmember Corey Martin mentioned the Fairhope Environmental
Advisory Board met on Friday, April 11, 2025. The Green Space Working
Group presented a Concept Plan with Green Space Map of the City. They
are giving feedback to the City on land use planning and the process of
increasing green space availability. They are working with Fairhope High
School on a Pilot Program for Sustainable Waste Management on
Composting. They are also working on Smart Growth Policies for
ordinances.
• Councilmember Jay Robinson mentioned the Fairhope Pedestrian and
Bicycle Committee has an appointment on agenda this evening for a new
member Cal Cooper for a three-year term that will expire April 2028. Last
week, Councilmember Robinson met with Mayor Sherry Sullivan and a
Historic Preservation Commission Representative on the Certified Local
Government (CLG) status and steps to get approved.
• Councilmember Kevin Boone mentioned the Harbor Board had a scheduled
meeting on Wednesday, April 9, 2025. They were unable to meet due to lack
of quorum.
• Council President Jack Burrell mentioned the Recreation Board will meet on
Wednesday, April 16, 2025. The Airport Board Authority met on Tuesday,
April 8, 2025. Flightline First Fairhope had their best month ever with a little
over 23,000 gallons of fuel dispensed. That is important because Airport
Authority gets paid by the gallon. This was their best month ever. Volkert
selected as Engineer for negotiation of fee schedule.
2. The second item on the Agenda was Department Head Updates.
• Mayor Sherry Sullivan addressed the City Council regarding Engineering
Agenda Items No. Items 7, 8, 10, 11, 12, 13, 14 for City Engineer, Richard
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Monday, 14 April 2025
Page -2-
Johnson that was not in attendance this evening. She reported he is doing
well.
• Mayor Sherry Sullivan addressed the City Council regarding Community
Events for Paige Crawford, Director of Community Affairs that was not in
attendance this evening. Easter Sunrise Service will be at Henry George Park
on Sunday, April 20, 2025 at 6:30 a.m. We also have a Community Shred
Day on Saturday, April 19, 2025 at 10:00 a.m. at 451 Pecan Avenue,
Fairhope, AL 36532.
• Daryl Morefield, Water and Wastewater Superintendent addressed the City
Council on Items No. 15, 16, 17 and 18; and answered any questions if
needed.
• Jeff Montgomery, Director of Information Technology addressed the City
Council regarding Agenda Item No. 25; and answered any questions if
needed.
• Hannah Noonan, Human Resources Director addressed the City Council
regarding Agenda Items No. 23 and 24; and answered any questions if
needed.
• West Boyett, Gas Superintendent addressed the City Council with a
Department Update. Gas Iron Replacement Bid will be on next agenda. Wes
wanted to give a shout out to Erin Wolfe, Purchasing Manager and her staff
on support of bid. Specifications were specific and showed up in the bid
numbers. This was a four million dollar project with two (2) bidders and the
difference between the bids were $35,000.00 less than 1%. We have finished
the Project on Mary Ann Beach Road that feeds into County Road 1 and the
end of Scenic Hwy 98. Gas is now available for residents. We have ten (10)
new services. We are also working with Marcus McDowell on a
Reimbursement Agreement for relocation of project on Hwy 181.
• Ben Patterson, Electric Superintendent addressed the City Council with
Agenda Items No. 19 and 20; and answered any questions if needed. He
gave a Department Update that we have almost completed removing lights
from trees.
• Hunter Simmons, Planning Director, addressed the City Council regarding
Agenda Items No. 5 and 9; and answered any questions if needed.
• Police Chief Stephanie Hollinghead addressed the City Council regarding
Agenda Items No. 21, 22, 26, 27 and 28; and answered any questions if
needed.
• George Ladd, Public Works Director addressed the City Council regarding
Agenda Item No. 21 in support; and answered any questions if needed.
George gave a Department Update. He discussed Public Works Sanitation
are shorthanded on equipment impacting trash pickups with delays. We are
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Monday, 14 April 2025
Page -3-
working with Paige Crawford on a communications flyer/mailer to educate
citizens on white goods and vegetation with pictures and dimensions.
Horticulture is in the process of replacing the tops from green houses and
potting up for summer change out with additional staffing. Streets and
Construction are catching up on City projects. George noted the new
handrails at football stadium look phenomenal and gave a shoutout to
Raymond and Michael. Mayor Sherry Sullivan reported Veterans Drive is
temporarily closed. There have been traffic complaints on Volanta. Parker
Road sidewalks are still under Design. Blue Island is ready for
advertisement. Fairhope Single Tax Corporation pledged $184,500.00 to
move the Tolstoy Park to Flying Creek Nature Preserve. This contribution is
half of the project goal to move. Hoping to raise all money for project.
• Erik Cortinas, Building Official addressed the City Council with a Building
Department update. Building Code could be impacted by six (6) significant
Alabama State Senate Bills if passed. We are awaiting adoption of the 2024
International Code until bills are settled. Our goal is to have public meetings
in June-July 2025 and go live October 2025. Mayor Sherry Sullivan
discussed the Alabama Senate Bills SB12 and SB29. She said the Baldwin
County Mayors Association are aware and monitoring bills. Mayor Sullivan
is also working with the Alabama League, and they are monitoring.
There being no further business to come before the City Council, the meeting
was duly adjourned at 5:24 p.m.
______________________________
Jack Burrell, Council President
_______________________________
Jenny Opal Wilson, CMC
Assistant City Clerk
Page 26 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1428
FROM: Hunter Simmons, PLANNING DIRECTOR
SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 -
Public hearing to consider the request of the Applicant, S.E. Civil, on
behalf of the Owners, Robert and Renee Taylor and FST Blue Island
Owners Association, to amend the Planned Unit Development,
known as Hermitage Court. The property is approximately .36 acres
and is located at 620 Hermitage Court. PPIN #: 226992
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
Council, while convoluted because this is a PUD amendment, this is a very simple
change. It is essentially a common lot line move to make one R-1 lot bigger and one
smaller. Both lots remain in compliance with Zoning Standards.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
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Action required (list contact persons/addresses if documents are to be mailed or
emailed):
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ORDINANCE NO. _____
AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN
AS THE ZONING ORDINANCE AND ORDINANCE NO. 1698:
A PLANNED UNIT DEVELOPMENT KNOWN AS
HERMITAGE COURT PUD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA as follows:
Whereas, the City of Fairhope, Alabama, has approved a request to rezone property to PUD
– Planned Unit Development, with Ordinance No. 1698 on the 8th day of February 2021 to
establish the Hermitage Court PUD;
Whereas, all property Owners within Hermitage Court PUD submitted an application to
amend Ordinance No. 1698 to increase the size of Lot 7 as recorded on Slide 2812-C thereby
altering the boundary of the Hermitage Court PUD;
Now Therefore, after appropriate public notice and hearing, the Planning Commission of
the City of Fairhope, Alabama, has forwarded a favorable recommendation to amend the
Hermitage Court PUD.
The property of FST Blue Island Owners Association and a portion of property owned by
Robert and Renee Taylor that is being conveyed to James William and Marlo Wilson
Lowery (Owners of Lot 7 in Hermitage Court PUD), generally located at 620 Hermitage
Court, in Fairhope, Alabama.
Hermitage Court PUD
PPIN #: 226992
Legal Description: (Case number ZC 25.02)
ALL PARCEL (“LOTS”) ON THE HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT
DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE
1092-A), AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C,
PROBATE RECORDS, BALDWIN COUNTY, ALABAMA.
ADDITIONAL LAND ADDED TO LOT 7 OF THE HERMITAGE COURT PUD
COMMENCING AT A ONE-HALF INCH CAPPED REBAR FOUND (SE CIVIL CA-1167),
BEING THE NORTHWEST CORNER OF LOT 7, HERMITAGE COURT RE -SUBDIVISION, A
PLANNED UNIT DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT,
UNIT ONE (SLIDE 1092-A), AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON
SLIDE 2812-C, PROBATE RECORDS, BALDWIN COUNTY, ALABAMA: THENCE RUN S
89°06'44" E, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 11.93 FEET, TO A
CHAIN-LINK FENCE CORNER POST, BEING THE POINT OF BEGINNING, THENCE
CONTINUE S 89°06'44" E, A DISTANCE OF 132.27 FEET, TO A ONE -HALF CAPPED REBAR
SET (SE CIVIL CA-1167); THENCE RUN N 00°07'55" E, A DISTANCE OF 99.97 FEET, TO A
ONE-HALF INCH CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 89°11'28" W, A
DISTANCE OF 134.21 FEET, TO A ONE-HALF INCH CAPPED REBAR FOUND (MOORE);
THENCE RUN S 00°59'00" E, A DISTANCE OF 99.83 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL CONTAINING 0.31 ACRES, MORE OR LESS.
1. That, attached as “Exhibit A” is an approved site plan. The property must develop
in substantial conformance with the approved site plan and supporting documents.
Any substantial deviation from the attached site plan, as determined by the Director
of Planning, will require re-approval by the Planning Commission and the City
Council of the City of Fairhope, Alabama, as a PUD amendment.
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Ordinance No. _____
Page -2-
2. That, attached as “Exhibit B” is an approved Master Development Plan. The
property must develop in substantial conformance with the approved site plan and
supporting documents. Any substantial deviation from the Master Development
Plan, as determined by the Director of Planning, will require re-approval by the
Planning Commission and the City Council of the City of Fairhope, Alabama, as a
PUD amendment.
3. That, the following amendments have been made to the PUD:
The size of Lot 7 increases as shown on Exhibit A. No new lots are created with this
amendment.
Setbacks: Setbacks for Lot 7 are altered and shown on the Site Plan (Exhibit A) and
the Master Development Plan (Exhibit B).
A re-plat shall be recorded in Baldwin County Probate to alter the boundary for Lot
7.
The Planned Unit Development (PUD) known as Hermitage Court PUD is hereby
amended. It shall hereafter be lawful to construct on such property any structures permitted
by Ordinance No. 1253 and to use said premises for any use permitted or building sought to
be erected on said property shall be in compliance with the building laws of the City of
Fairhope and that any structure shall be approved by the Building Official of the City of
Fairhope and that any structure be erected only in compliance with such laws, including the
requirements of Ordinance No. 1253.
Severability Clause - if any part, section or subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to invalidate
or impair the remainder of this ordinance, which shall continue in full force and effect
notwithstanding such holding.
Effective Date – This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 29TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 29TH DAY OF APRIL, 2025
_______________________________
Sherry Sullivan, Mayor
Page 30 of 253
Planning Commission (5 Ayes) voted to recommend approval of ZC 25.02
City Council
April 29, 2025
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1
ZC 25.02 Hermitage Court PUD Modification – March 6, 2025
Summary of Request:
Authorized agent, SE Civil, LLC (Aaron Collins), on behalf of owner, FST and Blue Island Owner’s Association
requests a modification of the Hermitage Court PUD shown below and recorded as Slide 2812-C on December
13, 2021.
More specifically, Lot 7 (620 Hermitage Court), owned by FST and Will and Marlo Lowery, will gain more square
feet from a subdivision of PPIN: 226992, a R-1 zoned lot owned by Robert and Renee Taylor (“Taylor Lot”). The
Taylor Lot is not part of the Hermitage Court PUD. See below.
Taylor Lot
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2
ZC 25.02 Hermitage Court PUD Modification – March 6, 2025
Comments:
The application is accompanied by a re-plat. The subdivision and purchase of part of the Taylor Lot is
scheduled for February 28, 2025. This staff report was prepared prior to the subdivision and purchase of the
Taylor Lot with the assumption of a successful closing prior to the date of the Planning Commission meeting.
If the purchase has not been executed prior to the March 6, 2025, Planning Commission meeting then this
staff report is moot.
Proposed Re-plat
There will not be any construction affiliated with the re-plat and modification of the Hermitage Court PUD.
There is a 15ft drainage easement at the rear of the current Lot 7. Accessory structures are permitted
according to Ordinance 1698 Hermitage Court PUD. Accessory structures in the PUD are per R-1
requirements for accessory structures.
The result of this amendment will add the area shown in purple below to Lot 7 of Hermitage Ct, which will
increase the zoning district boundary of the PUD known as Hermitage Court PUD.
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3
ZC 25.02 Hermitage Court PUD Modification – March 6, 2025
As part of the approval process for the Hermitage Court PUD Applicant was required to submit two (2)
bound copies of the Master Development Plan to supplement the Ordinance. Since then, the PUD has been
fully developed and an updated Master Development Plan has been submitted with this application that
reflects the property transaction and modification of the PUD at hand.
A Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B(1)(e).
(1)Compliance with the Comprehensive Plan;
Response: Meets. Established residential area.
(2)Compliance with the standards, goals, and intent of this ordinance;
Response: Meets.
(3)The character of the surrounding property, including any pending development activity;
Response: Meets.
(4)Adequacy of public infrastructure to support the proposed development;
Response: Meets. Already an existing subdivision with utilities.
(5)Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: Meets.
(5)Compliance with other laws and regulations of the City;
Page 35 of 253
4
ZC 25.02 Hermitage Court PUD Modification – March 6, 2025
Response: Meets. Any future development is subject to all applicable laws of the
City.
(6)Compliance with other applicable laws and regulations of other jurisdictions;
Response: Meets. Any future development is subject to all applicable laws.
(7)Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values; and
Response: None anticipated.
(8)Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: None anticipated.
Recommendation:
Staff recommends approval of ZC 25.02 Hermitage Court PUD modification with the following
conditions:
1)Applicant shall submit two (2) bound copies of an updated, complete, and accurate Master
Development Plan to accompany this PUD modification.
2)Record the Re-plat with the Baldwin County Probate.
Condition 1 has been met.
Condition 2 remains.
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Hermitage
Court
A Planned Unit Development
Developed by:
68V Paydirt, LLC
707 Belrose Avenue
Daphne, AL 36526
Page 48 of 253
Site Map
Overall Summary
Hermitage Court is a single family residential community located on the west side of Blue Island Street
and east of Fairwood Subdivision. It consists of 8 Lots on 4.70 Acres for a density of 1.7 units per acre,
accessed by a public right of way that is maintained by The City of Fairhope.
Page 49 of 253
Legal Description
This development is a resubdivision of Lot 2, Hermitage Court Unit One, as recorded at Slide 1092-A.
Ownership/Developer
The property is currently owned by:
FST Blue Island Owners Association Inc.
2700 Highway 280
Birmingham, AL 35223
The property was developed by:
68V Paydirt, LLC
707 Belrose Avenue
Daphne, AL 36526
Page 50 of 253
Neighborhood Character
The lots in Hermitage Court are in keeping with surrounding neighborhoods, which are generally R-1
sized lots. The Fairwood Subdivision along our east margin is zoned R-2, with lot sizes slightly smaller
than those with our development, the effect of this being that the lots in Hermitage Court are almost
identical to the surrounding neighborhoods.
Zoning Map
Comparison to Underlying R-1 Zoning
Although generally consistent with R-1 zoning, a few modifications to the R-1 requirements have been
approved due to the spatial restrictions of the property:
Summary of Comparisons
R-1 Zoning vs. PUD
Requirement R-1 Existing
Min Lot Width 100' 100'
Min. Lot Area 15,000 sf 14,000 sf
Max. Bldg. Ht.40% 40%
Setback Front 30' 30'
Setback Rear 40' 35'
Setback Side 10' 35'
Setback Street 20' 10'
Page 51 of 253
Comprehensive Plan
This property and the surrounding properties are recommended for Single Family Residential use by the
Comprehensive Plan. Our development is in harmony with this recommendation.
Comprehensive Plan
Home Ownership
Homes are privately owned by individuals with no anticipated leasing. However, should an owner
choose to lease their property, a one (1) year minimum lease, in writing, is required. Only residential use
is permitted on each property. No commercial activities of any kind whatsoever shall be conducted in
any Home, any other building located on a Lot, or any portion of any Lot; provided, however, that
(a) an Owner may conduct a business entirely within his Home so long as (i) such business uses only
ten percent (10%) of the total square footage of such Home, (ii) such business does not result in
parking of additional vehicles on the Subdivision streets or Common Areas, (iii) such business is
secondary to the use of the Lot for residential purposes, (iv) such business shall not violate any
applicable zoning ordinances, and (v) such business does not create a nuisance or unreasonably
interfere with any other Owner, Home, or Lot, and (b) Builders shall have the right to use a House
as a “model home” and to operate a sales office from such model home with the prior written
approval of the Architectural Review Committee.
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Land Use
100% of the lots are privately owned, single family residential. The Common Areas will remain private
and will be solely for the use and enjoyment of the Hermitage Court residents. Maintenance of the
Common Areas shall be the responsibility of the Home Owners Association. Streets are constructed to
City Standards and have been dedicated to the City.
Lots
Lots range from 14,474 square feet to 27,816 square feet, for an average of 17,422 square feet. All lots
are a minimum of 100 feet wide at the building setback. Building setbacks are 35 feet on front and rear,
and 10 feet on the side lot lines. There are no corner lot setbacks on our plan.
Greenspace
The site has 0.75 acres of greenspace, or 17% of total site. This exceeds the 15 % required based on
Greenspace Density Calculations as shown on our PUD plan.
Utilities
Water, Sewer and Electrical service is provided by the City of Fairhope. AT&T will provide
telecommunications.
Pedestrian Circulation
Sidewalks are constructed on both sides of streets, running along the front of all lots and common areas,
providing full circulation for pedestrians.
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Lighting
Streetlights are standard Acorn style lights at 75 foot spacing along sidewalks.
Accessory Structures / Equipment
Accessory structures are permitted as per standard R-1 regulations regarding location, percentage of
coverage, and setbacks from property lines. Exterior AC units and generators (if elected) will be
screened from street by landscaping.
Fencing
Individual Owners may elect to install fencing. Walls or fences constructed or erected on any Lot
shall be of ornamental iron, wood, black painted metal or masonry construction. No wall or fence
shall be constructed from the front property line to the rear corners of the House. No fences may
be constructed without the prior written approval of the Architectural Control Committee
Parking
Parking is provided for each residence. A minimum of 3 spaces is provided for each residence
including driveways and garages.
Houses
Maximum building height is 30 feet as per standard City of Fairhope requirements. Maximum lot
coverage by principal structure is 40% in keeping with R-1 zoning. Exterior materials consist of brick,
hardie board, wood and vinyl eaves. Driveways are concrete with pavers or concrete stamping
permitted for detail and enhancement. Minimum house size is 2,400 square feet with a 2-car garage as
outlined in the attached covenants.
Page 54 of 253
LEGAL DESCRIPTION:
ALL PARCEL (“LOTS”) ON THE HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT
DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE 1092-A),
AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C, PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA.
ADDITIONAL LAND ADDED TO LOT 7 OF THE HERMITAGE COURT PUD
COMMENCING AT A ONE-HALF INCH CAPPED REBAR FOUND (SE CIVIL CA-1167), BEING THE
NORTHWEST CORNER OF LOT 7, HERMITAGE COURT RE-SUBDIVISION, A PLANNED UNIT
DEVELOPMENT, A RE-SUBDIVISION OF LOT 2, HERMITAGE COURT, UNIT ONE (SLIDE 1092-A),
AS SHOWN BY A MAP OR PLAT THEREOF, RECORDED ON SLIDE 2812-C, PROBATE RECORDS,
BALDWIN COUNTY, ALABAMA: THENCE RUN S 89°06'44" E, ALONG THE NORTH LINE OF SAID
LOT 7, A DISTANCE OF 11.93 FEET, TO A CHAIN-LINK FENCE CORNER POST, BEING THE POINT
OF BEGINNING, THENCE CONTINUE S 89°06'44" E, A DISTANCE OF 132.27 FEET, TO A ONE-HALF
CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 00°07'55" E, A DISTANCE OF 99.97
FEET, TO A ONE-HALF INCH CAPPED REBAR SET (SE CIVIL CA-1167); THENCE RUN N 89°11'28"
W, A DISTANCE OF 134.21 FEET, TO A ONE-HALF INCH CAPPED REBAR FOUND (MOORE);
THENCE RUN S 00°59'00" E, A DISTANCE OF 99.83 FEET, TO THE POINT OF BEGINNING. SAID
DESCRIBED PARCEL CONTAINING 0.31 ACRES, MORE OR LESS.
Page 55 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1435
FROM: Bobby Hall, Golf Pro
Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: Franchise Agreement Coca-Cola Bottling Company United-Central,
LLC to operate Beverage Vending and Concession Machines
specified in Bid No. 25-015, Beverage Vending and Concession
Annual Contract - Three Years.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
That the City Council grants the Franchise Agreement Coca-Cola Bottling Company
United-Central, LLC to operate Beverage Vending and Concession Machines specified
in Bid No. 25-015, Beverage Vending and Concession Annual Contract - Three Years.
BACKGROUND INFORMATION:
Previous Council Action:
Resolution No. 5408-25 Adopted by Council March 24, 2025 approved the negotiated
contract price and terms and conditions for Bid No. 25-015 Beverage Vending and
Concession Annual Contract.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Page 56 of 253
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 57 of 253
ORDINANCE NO. _____
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. The City of Fairhope, Alabama, having received an application
from Coca-Cola Bottling Company United – Central, LLC for a franchise
agreement to operate Beverage Vending Machines at the following location
described: in locations specified in Bid No. 25-015, Beverage Vending and
Concession Annual Contract - Three Years, and it is to be in the best interest
of the public and the City of Fairhope, Alabama, to grant a franchise to Coca-
Cola Bottling Company United under the terms and conditions of the franchise
agreement attached hereto as “Exhibit A” including the fees that shall be paid to
the City with respect to same.
SECTION 2. Pursuant to the authority granted by Section 11-40-1 and 11-43-62
of the Code of Alabama of 1975, the Mayor of the City of Fairhope, Alabama, is
hereby directed to execute said franchise agreement in the name of the City of
Fairhope, Alabama.
SECTION 3. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and sections,
since the same would have been enacted by the municipality council without the
incorporation of any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4. This ordinance shall take effect immediately upon its due adoption
and publication as required by law.
ADOPTED THIS 29TH DAY OF APRIL, 2025
__________________________________
Jack Burrell, Council President
ATTEST:
________________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 29TH DAY OF APRIL, 2025
__________________________________
Sherry Sullivan, Mayor
Page 58 of 253
ATTACHMENT B
FRANCHISE AGREEMENT
This Agreement is made and entered into by and between the City of Fairhope , 1 1--l-
Alabama ("City") a mun icipal corporation and UL~ -Co\a.. eio:±R\\l.'b c..o...,(??'>~ \.,lv.,.:\:tJ, ~t,I\~ , L-
("Grantee "). .
RECITALS
Grantee is ~ sole propriet%-with a principal place of business at
2/tsfXJ b l.ti./:L kl ~""ifnhtUri Fai,h•~•. AL 36532.,,,_ Grantee is engaged in the
business of (5 e J _IL \}~U)i9J\I\ ~ 3 sz..t 7 to the public . Grantee
proposes to installnd operate ~f.l/VtLIL lltJl"li~ \M c,c.W r10 at the
Se ~' 1\til r 1~ 6,1u-s:tm S . Grantee req3'ests that e City grant to Grantee a
franchA,e to intall, maintain and pperate this business on public property at the
a.~ttLi1. 11G~o\l\ \)w~'.t~ \o(.,4'\-~o"'-S
In consideration of the mutual covenants , promises and conditions set forth
herein the parties agree as follows :
SECTION 1
Section 1.1 DEFINITIONS
Unless otherwise specially provided , or unless clearly required by the context,
the words and phrases defined in this section shall have the following meanings when
used in this Ordinance and Franchise Agreement:
(1) MAYOR: Shall mean the Mayor of the City of Fairhope
(2) COUNCIL: Shall mean the City Council of Fairhope, the governing body
of City of Fairhope , Alabama.
(3) CITY: Shall mean City of Fairhope , Alabama , which is governed by the
Fairhope City Council.
(4) FRANCHISE: Shall mean the franchise granted under the provisions of
the Ala . Code §11-40-1, et seq ., which authorizes municipalities to contract and to be
contracted with . A "franchise " as used in this agreement is a special privilege not
belonging to the citizens by common right but conferred by a municipality upon an
individual or corporation .
(5) GRANTEE : Shall
franchise has been granted
l OLI~. lo\o... ~c,4\-\,.._~ lo"'I~ \). Yl~<~-Ui/\-ttv..\ ~ kk C
, u,JtJ ... lt<-\ 'tt'L\ \ \ t.,1.-l-
mean (.PL~ Lo\1o. ~'0-\\\\~ LoW\QO"'~ to whom a
by the City or anyone who succeeds
. in accordance with the provisions of the franchise .
City of Fairhope - Fran chise Agree ment
Page 1 of 9
Page 59 of 253
(6) GROSS REVENUES: Shall mean all revenues received by the Grantee
from or in connection with the operation of the franchise to provide services in the City of
Fairhope pursuant to this franchise agreement.
(7) PERSON: Shall mean an individual, partnership, association , joint stock
company, trust, corporation, or governmental entity.
(8) SERVICE AREA: Shall mear, the geographical area within City of
Fairhope and specifically defined as follows: Cl~ \2,,,,d l o \Uc.Jl~IA{_, L o t.4,~'-oA S>
Section 1.2 REQUIREMENTS FOR FRANCHISE
A Franchise Agreement is entered into when the person is using public property to
conduct a business but is not leasing said public property.
(a) No person shall engage in the construction, operation, or maintenance of
a private business on public property in the City unless such person or the person for
whom such action is being taken shall hold a valid franchise granted by the City.
(b) Any franchise granted by the City pursuant to these rules and regulations
shall not be deemed to be an exclusive right of permission . The City expressly reserves
the right to grant similar nonexclusive franchises to other persons .
(c) In the event the City enters into a franchise, permit, license, authorization,
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the City's Public Rights -of-way or public property for the purpose of operating
a private business on public property in any part of the City, the material provisions
thereof shall be reasonably comparable to those contained herein, in order that one
operator not be granted an unfair competitive advantage over another, and to provide all
parties equal protection under the law.
(d) No franchise shall be granted by the City in the Central Business District
located in downtown Fairhope.
(e) No franchise shall be granted by the City to any food vendor who does
not show proof of ServSafe certification.
(f) No franchise shall be granted by the City to any vendor requiring a
running water supply for personal sanitary purposes and/or for cleaning equipment used
in the preparation of his/her product unless water supply is provided and metered by the
City.
(g) Food franchises shall meet all Alabama Health Department regulations
and show proof thereof.
(h) No franchise shall be granted by the City to any vendor who has electrical
requirements without securing metered power from the City or, if applicable, having a
generator to supply the power required; generator shall meet City of Fairhope noise
ordinances.
City of Fairhope -Franchise Agreement
Page 2 of 9
Page 60 of 253
Section 1.3 TERM OF FRANCHISE, RENEWAL
(a) The duration of this franchise agreement granted pursuant to this
Ordinance shall be for one year and shall be renewed automatically each year for three
years unless notice of termination is given in writing to the other party at least 60 days
prior to the expiration of the then current term . This Agreement shall commence 10 days
after approved by the City Council.
Section 1.4 ENFORCEMENT OF FRANCHISE
(a) A Grantee shall not be excused from complying with any of the terms or
conditions of the franchise by any failure of the City upon any one or more occasions to
insist upon or to seek compliance with any such terms or conditions .
(b) Whenever the City shall set forth any time for any action to be performed
by or on behalf of Grantee , said time shall be deemed of the essence and any failure of
Grantee to perform with in the time allotted shall be sufficient grounds for the City to
revoke the franchise.
(c) A Grantee agrees by filing an application for a franchise that they will not
assert, at any time , in any claim or proceeding that any condition or term of the franchise
is unreasonable, arbitrary or void or that the City had no power or authority to make such
term or conditions, but shall be required to accept the validity of the terms and conditions
of the franchise in their entirety .
Section 1.5 CONFLICT WITH LAWS
(a) Whenever any law of the State of Alabama or of the United States, or of
any agency of either, shall be in direct conflict with and supersede any provision of these
rules and regulations, then for so long as such state or federal law or regulation shall be
in force and effect, any affected provisions of this franchise granted hereunder shall be
suspended and be of no force and effect and the Grantee shall not be required to
comply with such provision ; however, the validity of the remaining portions or provisions
shall not be affected thereby. In the event this franchise imposes burdens different than
those imposed by any other law , but within the power of the City to impose said burdens ,
the more restrictive provision shall apply.
(b) If any section, sentence , clause or phrase of these rules and regulations
or of any franchise granted hereunder is held unconstitutional or otherwise invalid , such
infirmity shall not affect the validity of the remaining portion of these rules and
regulations or a of any franchise granted hereunder.
SECTION 2
Section 2.1 PROCEDURE FOR GRANTING FRANCHISE
City of Fairhope -Franchise Agreement
Page 3 of9
Page 61 of 253
(a) Any person desiring a franchise shall apply to the City for such a grant.
The application for a franchise shall be in writing, in the form approved by and containing
such information as required by the City and must be accompanied by a nonrefundable
application fee of $150.00 by cashier's check, certified check or money order payable to
City of Fairhope. This is a separate fee from the Franchise fee .
(b) Upon receipt of said franchise application, the City shall provide notice of
said application and conduct a public hearing to determine if the grant of the franchise
would be in the best interest of the citizens of City of Fairhope.
(c) The application shall contain a statement under oath that the applicant
will comply with all legal, financial and technical provisions of these rules and
regulations and any other municipal, state or federal regulatory agencies.
(d) The application shall define the proposed service area of the applicant
with specific time standards for the establishment of service to suit the service area.
SECTION 3
Section 3.1 CONSTRUCTION AND INSTALLATION
(a) After receipt of an initial franchise, a Grantee shall proceed with due
diligence to install and begin operation of the franchise.
Fai ure on the part of the Grantee to commence and diligently pursue
_.!L,!~~~~,L.U.'J./11.J~~-----or failure to commence operation after 90 days
from the c mencem t of this agreement shall be grounds for termination of the
fran ise. The ity ay extend the time for the commencement and completion of
__,r...,::.,=.::::......;.::4=:..__.IL-==-'-4'c.__ for additional periods in the event the Grantee, acting in
good faith, xperience elays by reasons of circumstances beyond her control.
(d) The {J,J~ c/Jd,~ shall be constructed and operated in
accordance with all adopted,City, state and national construction and electrical codes.
Section 3.2 CONDITIONS FOR USE OF PUBLIC PROPERTY
(a) Grantee shall not install or begin operation of the franchise business until
the installation has been approved by the Mayor or his designee .
(b) Grantee is designated a specific area in which Grantee may conduct
business under this Franchise Agreement.
(c) Business conducted from moving vehicles (i.e ., ice cream trucks) do not
require a Franchise Agreement to operate on City streets; however, any
vehicle parked in one spot for longer than thirty (30) minutes and
conducts business while parked, shall be required to enter into a
Franchise Agreement. Violations may result in loss of City of Fairhope
Business License .
City of Fairhope -Franchise Agreement
Page 4 of9
Page 62 of 253
Section 3.3 OPERATION AND MAINTENANCE
(a) The Grantee shall install and maintain -~~~.;;_U1..:;..._~~c ~-[ .... ~ ..... ¼~J ........ ,\ ..... 1!)-~-
in a prudent and reasonable manner. u {)
(b) Failures or malfunctions of the a.. shall be
corrected by the Grantee promptly after notice of such fa re or malf tion except or
unless such failure or malfunction shall have been caused by storm, fire, lightening,
explosion, civil unrest or other similar catastrophe.
(c) The City shall, if it deems it necessary, have the right an pr"vilege to
inspect the installation, operation and maintenance of the .....,~U-.:::...::'tl\--L-<-"'"""'"44-lc.=..i~-
by the Grantee in order to satisfy itself as to the proper performan
franchise agreement.
SECTION 4
Section 4.1 FRANCHISE FEE
(a) There shall be a franchise fee of twenty (20) percent of Gross Revenues ;
and the fee for the business license which is an annual license issued by the
municipality for the privilege of doing any kind of business, trade, profession or other
activity in the municipality, by whatever name called .
(b) Grantee shall pay quarterly to the City during the life of the franchise a
sum equal to twenty (20) percent of its gross revenues. Grantee shall file with the City on
such form as prescribed by the City within sixty (60) days after the end of each quarterly
a report, under oath at the risk of perjury, of the gross revenues for the preceding
quarterly period, and shall, at the same time, pay to the City a sum equal to twenty (20)
percent of the gross revenues for the said quarterly period.
Section 4.2 INDEMNIFICATIONS
(a) Grantee shall at his/her sole cost and expense fully indemnify, defend
and save harmless the City, its officers, boards, and employees against any and all
claims, demands, suits, actions, liability and judgments for damage arising out of the
negligence or willful misconduct of the Grantee in the construction, operation and
maintenance of the beverage vending franchise, and against all liabilities for damages
by reason of, or arising out of, any failure by Grantee to safely operate and maintain the
beverage vending franchise, including reasonable attorney's fees, arising out of the
exercise or enjoyment of this franchise, irrespective of the amount of comprehensive
liability policy required hereunder. This indemnity shall not apply to damages occasioned
solely and exclusively by acts of the City, its agents or employees.
(b) Within thirty (30) days after the granting of the franchise and at all times
during the term of the franchise, Grantee shall obtain, pay all premiums for, and file with
City of Fairhope -Franchise Agreement
Page 5 of9
Page 63 of 253
the City a Certificate of Insurance for such insurance coverage as set forth in Item V
Insurance of the Bid No. 25-015.
(c) All of the foregoing insurance certificates shall be in form satisfactory to
the City and shall be issued and maintained by companies authorized to do business in
the State of Alabama and acceptable to the City and they shall endeavor to provide thirty
(30) days written notice of any cancellation or reduction in coverage to both the City and
Grantee herein, and a copy of said certificates shall be filed with the City.
Section 4.3 BOOKS/RECORDS OF GRANTEE
(a) All books and records of a Grantee concerning its operations within the
City necessary for the enforcement of the provisions of this franchise, shall be made
available for inspection and audit upon demand by the City within thirty (30) days after
any request for such inspection or audit has been made.
Section 4.4 GRANTEE ACKNOWLEDGEMENT
(a) Grantee is an independent contractor. No agency or employment
relationship is created by this Franchise Agreement.
SECTION 5
Section 5.1 SALE OR LEASE OF FRANCHISE
(a) No transfer or control of the _.,,.::....>d.......,,~,..a......--4,u..,,=~~----'
whether by force or voluntary sale, lease, assignment, for osure, atta ent, merger,
or any other form of disposition, shall occur or be considered valid wi out first giving
prior notice and receiving the approval of the City. The notice shall include full
identifying particulars of the proposed transaction. For the purpose of determining
whether it shall consent to such change, transfer, or acquisition of control, the City may
inquire into the qualification of the prospective controlling party and the Grantee shall
assist the City in any such inquiry. The City shall have one 60 days from the date the
notice is received by the City within which to approve or disapprove, by resolution, the
proposed transfer of control. The City will not unreasonably withhold its approval.
(b) Approval of such transfer shall be expressly conditioned upon full
compliance with the material terms of the franchise agreement and this Ordinance . The
transferee shall agree in writing to comply with all provisions of this Ordinance and the
franchise agreement.
Section 5.2 REVOCATON OF FRANCHISE
(1) Subject to the provisions of this section, the City reserves the right to
revoke, at any time, any franchise granted hereunder and rescind all rights and
privileges associated therewith in the event that:
City of Fairhope -Franchise Agreement
Page 6 of9
Page 64 of 253
(a) Grantee has not substantially complied with a material provision of
this Ordinance, the franchise agreement, or of any supplemental written agreement
entered into by and between the City and the Grantee; or
(b) Grantee has made a material false statement in the application for
the franchise, knowing it to be false, or Grantee commits a fraud in its conduct or
relations under the franchise with the City; or
(c) Grantee becomes insolvent, enters into receivership or liquidation,
files for bankruptcy or assignment for benefits of creditors, or is unable to pay its debts
as they mature, unless the Grantee is in due process of contesting such debts; or
(d) Grantee fails to substantially comply with a material provision of
any federal or state statue, or of any material rules or regulations that govern
telecommunications; or
(e) Grantee exhibits a pattern of failing to comply with service
standards as adopted herein or in the franchise agreement; or
(f) Grantee fails to comply with any federal or state judgment
arising directly from the exercise of Grantee's rights under its franchise; or
(g) Grantee fails to provide or maintain in full force and effect the
bond and insurance policies required by this Ordinance and franchise agreement; or
{h) Grantee assigns, sells or transfers its title or interest in its
franchise without the consent of the City.
(2) In the event that the City shall make a preliminary decision to revoke a
franchise granted hereunder, it shall give the Grantee a minimum of thirty days written
notice of its intention to terminate and stipulate cause. A public hearing shall be
scheduled for the end of said 30-day period. If during said period, the cause shall be
cured to the satisfaction of the City, the City shall declare the notice to be null and void.
If the cause is not cured to the satisfaction of the City, before a franchise may be
terminated, the Grantee must be provided with an opportunity to be heard before the
City in a public hearing in accordance with due process procedures. After the public
hearing, if the City, by majority vote, determines that the franchise should be terminated,
it shall issue a written decision containing its findings of fact and stating the specific
grounds for termination. The decision to terminate a franchise shall be subject to judicial
review as provided by law .
(3) A Grantee shall not be declared in default or be subject to any sanction
under any provision of this Ordinance and franchise agreement in any case where the
City determines that the action justifying such sanction is without the Grantee 's
knowledge or authorization or outside its control.
Section 5.3 RIGHTS UPON REVOCATION OR NON-RENEWAL
City of Fairhope -Franchise Agreement
Page 7 of9
Page 65 of 253
In the event the City determines that a franchise should not be renewed at its
expiration or that a franchise should be revoked for cause as permitted hereunder, the
Grantee shall be allowed three months from the date of such determination, or such
lo er period s the City may permit, to negotiate the sale of its
'l/'o.. ' within the City to another provider at a price
acceptabl / to the Gran e, provided that such sale shall be approved by the City
pursuant to Section 5 herein. In the event a sale to a provider acceptable to the City is
not then negotiated within the time allowed, then an independent expert shall be
a pointed to d termine the fair market value of the Grantee 's
-1.::r'~.=....;-.,.,"'---..lool<.-l'H--'-\~~--· The appointment of said expert shall be by mutual
agreem between the ity and the Grantee; provided, however, that if the City and
the Grantee are unable to reach an agreement within 30 days of the written decision of
termination, then the matter of appointing an expert shall be submitted, within ten (10)
days immediately following expiration of the former 30 days, to the American Arbitration
Association [unless the City and the Grantee mutually agree upon some other
arbitrator(s)], and the expert designated by the American Arbitration Association or such
other arbitrators shall be appointed. The cost of employing the arbitrator or arbitrators
and the cost of arbitration , if required , shall be borne equally by the Grantee and the
Ci . Upon d er ination of the fair market value of the Grantee's
......... '-'-""'-=<-~"-"----"'""""""""""-"-', .......,,.""-----the appoint independent expert, the
its , ' to any entity which
• h h d the appr al of the City to purchase
Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY
(a) If the use of any part of Grantee's (.,,L.'"""-":::.......;'-A--":::..-1,,µ....,<-LILl=~-is
d"scontinued fo an reason for a continuous period of twelve 2) months , if such
<.Llo~=-';l',>-<---1.,<.>od<..L&LX:...:..:A--does not comply with the requirements of these rules and
regulati s, or if Gr n ee's franchise is terminated or revoked the City may in its
discretion require that said -be sold to a franchise
designated by the City at a purchase price equal to the ____ .---_______ _
fair market value as determined in subsection (b) hereof.
(b) Any dispute between the City and the Grantee over determination of the
system 's fair market value shall be determined in accordance with Section 5.3 above .
Section 5.5 MISCELLEOUS PROVISIONS
(a) This agreement constitutes the entire agreement of the parties and
supersedes any and all agreements , understandings, statements or representations
either oral or in writing . This agreement can be amended only by a written document
signed by the parties.
(b) This agreement shall be enforced and interpreted pursuant to the laws of
the State of Alabama.
City of Fairhope -Franchise Agreement
Page 8 of9
Ouc-~~f
'-«.t1"0-t-ht-
f'c.5 o lJ.. ~ J
Bt.,\o"'6S tD
C.oCJL. (o\o.. ~ ',
(p\A,\p~~ v._,.._j{-J
C..M+ft-1. \ ' (.. t. C..
Co\.+ o. tl -B~-t
Page 66 of 253
IN WITNESS WHEREOF, the Parties have hereunto set their respective
signatures and seals on the __ day of ____ , 20_.
Attest: ------------Lis a A. Hanks, ~MC
City Clerk
City of Fairhope-Franchise Agreement
Page 9 of9
THE CITY OF FAIRHOPE, ALABAMA
By: _____________ _
Sherry Sullivan, Mayor
By: ______._.._.[ll_oJ1 ............... J. "---"-/l --u ,Grantee
Page 67 of 253
'
ATTACHMENT A
Current Vending Machine Locations
Location # of Machines
Recreation Center 2
City Pool 1
City Hall 1
City Services and Public Utilities 1
Stimpson Park 1
Mike Ford Tennis Center 1
Police Station 1
Wastewater Treatment Plant 1
Aviation Academy 1
Fairhope Docks 1
Current Concession Locations
A . Fairhope Mun icipal Park including : Stadium . High School Baseball, Yo uth Baseba ll, and Pool
B. Founders Park including: Youth Softball , Youth Soccer, and High School Softball
C. Barnwell Park including : Youth Football and Adult Softball
D. Quail Creek Golf Course
E. Fairhope Soccer Complex
Page 68 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1464
FROM:Sherry Sullivan, Mayor
Jack Burrell, Council President
SUBJECT:An Ordinance to declare that certain real property of the City of
Fairhope (Part of the K-1 Center located at 106 S. Church Street) for
Baldwin County Community and Economic Development Foundation,
Inc. outlined in Exhibit A attached to lease is not needed for public or
municipal purposes in response to an offer to lease property for a
fifteen (15) year term for the minimum yearly rent of $1.00 payable
as specified in lease.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
That the City Council adopts Ordinance to declare that certain real property of the City
of Fairhope (Part of the K-1 Center located at 106 S. Church Street) for Baldwin County
Community and Economic Development Foundation, Inc. outlined in Exhibit A attached
to lease is not needed for public or municipal purposes in response to an offer to lease
property for a fifteen (15) year term for the minimum yearly rent of $1.00 payable as
specified in lease.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
Page 69 of 253
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 70 of 253
ORDINANCE NO. _____
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. It is hereby established and declared that the following described real
property of the City of Fairhope, Alabama, is not needed for public or municipal
purposes during the term of this lease, to-wit:
Approximately 16,300 square feet of floor space on the main floor thereof,
but excluding approximately 3,500 square feet of basement located at 106 S.
Church Street, Fairhope, Alabama 36532.
FROM THE POINT OF COMMENCEMENT AT THE SOUTHWEST
CORNER OF THE INTERSECTION OF SAINT JAMES AVENUE AND
SOUTH CHURCH STREET; RUN N 00°09'15" W, ALONG THE WEST
RIGHT-OF-WAY LINE OF SOUTH CHURCH STREET, ± 205.2 FEET TO A
POINT, THENCE RUN WEST, LEAVING SAID RIGHT-OF-WAY, ± 44.6
FEET TO THE POINT OF BEGINNING (POB); THENCE RUN WEST, ±168.0
FEET TO A POINT; THENCE RUN SOUTH, ± 50.0 FEET TO A POINT;
THENCE RUN EAST, ± 116.0 FEET TO A POINT; THENCE RUN SOUTH, ±
66.0 FEET TO A POINT; THENCE RUN WEST, ± 116.0 FEET TO A POINT;
THENCE RUN SOUTH, ± 70.0 FEET TO A POINT; THENCE RUN EAST, ±
104.0 FEET TO A POINT; THENCE RUN NORTH, ± 20.00 FEET TO A
POINT; THENCE RUN EAST, ± 64.0 FEET TO A POINT; THENCE RUN
NORTH, ± 166.0 FEET TO THE POINT OF BEGINNING; CONTAINING
0.51 ACRES, MORE OR LESS, LYING IN GRANT SECTION 37,
TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA.
SECTION 2. The City of Fairhope, Alabama, having received an offer from Baldwin
County Community and Economic Development Foundation, Inc. to lease that real
property described in Section 1, above, it is hereby declared to be in the best interest of
the public and the City of Fairhope, Alabama, to lease said real property Baldwin
County Community and Economic Development Foundation, Inc. under the following
terms and conditions, to-wit:
The leased property to be used only for the purpose of carrying on as
a Business Incubator Hub operated by Baldwin County Community
and Economic Development Foundation, Inc. or other associated
purposes only, and for no other or purpose without written consent of
the City of Fairhope, for the term of fifteen (15) years for the
minimum yearly rent of $1.00 payable as specified in lease.
SECTION 3. Pursuant to the authority granted by Section 11 -47-21 of the Code of
Alabama of 1975, the Mayor of the City of Fairhope, Alabama, is hereby directed to
execute said lease agreement in the name of the City of Fairhope, Alabama.
SECTION 4. The sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by a court of competent jurisdiction, then
such ruling shall not affect any other paragraphs and sections, since the same would
have been enacted by the municipality council without the incorporation of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Page 71 of 253
Ordinance No. _____
Page -2-
SECTION 5. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 29TH DAY OF APRIL, 2025
________________________________
Jack Burrell, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 29TH DAY OF APRIL, 2025
________________________________
Sherry Sullivan, Mayor
Page 72 of 253
LEASE AGREEMENT
1.PARTIES: This Lease Agreement (this “LEASE”) is made and entered to be effective as of _________ __,
2025, by and between the CITY OF FAIRHOPE, an Alabama municipal corporation (“LESSOR”), and
BALDWIN COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT FOUNDATION, INC., an Alabama non-
profit corporation (“TENANT”).
2.TERM OF LEASE: This LEASE shall commence on _______________________, 2025, and shall run for a
term of fifteen (15) years therefrom (the “TERM”).
3.PREMISES: LESSOR hereby leases to TENANT the premises as described and depicted on the attached
Exhibit A, containing approximately 16,300 square feet of floor space on the main floor thereof, but
excluding approximately 3,500 square feet of basement (hereinafter, the “PREMISES”), located at 106 S.
Church Street, Fairhope, Alabama 36532.
4.RENT: The annual rent shall be ONE DOLLAR ($1.00) per year.
5.COVENANTS:
a)TENANT agrees to pay said rent in full (15.00 dollars) for the TERM of this LEASE at
the commencement of the TERM.
b) TENANT agrees to use and occupy the PREMISES for the purpose of carrying on as a Business
Incubator and Innovation Hub operated by the Baldwin County Community and Economic Development
Foundation or other associated purposes only, and for no other object or purpose without the written
consent of the LESSOR, which consent shall not be unreasonably withheld, and to comply with all
applicable laws, rules and regulations.
c) TENANT agrees it shall not at any time assign this LEASE, or any portion thereof, without the
written consent of the LESSOR. Notwithstanding the foregoing, nothing in this LEASE shall be deemed to
prevent TENANT from charging fees to third parties for use of the PREMISES in accordance with the
authorized purposes hereof.
d) TENANT shall at all times keep the PREMISES in a reasonably neat, orderly and sanitary
condition and shall keep the entryways adjoining the PREMISES reasonably clean and free from rubbish
and dirt. TENANT will not make or suffer any waste of the PREMISES or permit anything to be done in or
upon the PREMISES creating a nuisance thereon, and TENANT further agrees to permit the LESSOR or its
agents at all reasonable times to enter upon the PREMISES for making repairs or for examining or showing
the same to prospective customers of LESSOR. The TENANT further covenants and agrees to keep the
grounds and exterior area adjoining the PREMISES in a reasonably clean and sanitary condition.
e) TENANT agrees to surrender possession of the PREMISES upon termination of this LEASE (or
any extension hereof) in as good condition as when received, reasonable wear and tear excepted. Upon
surrender or termination, all attached trade fixtures and other attached furniture, fixtures and equipment
shall become the property of the LESSOR. If, during the TERM of this LEASE, or any renewal or extension
thereof, the PREMISES shall partially be damaged by fire or other casualty, the PREMISES minus attached
trade fixtures and other attached furniture, fixtures and equipment shall be repaired with all proper speed
Page 73 of 253
2
at the expense of the LESSOR unless the LESSOR and TENANT shall mutually agree in writing within sixty
(60) days after such damage to terminate this LEASE. However, during the TERM of this LEASE, or any
renewal or extension thereof, should the PREMISES be damaged by fire or casualty so that the PREMISES
are rendered totally unfit for occupancy and cannot be restored within 120 days, then at the option of
either the LESSOR or TENANT, this LEASE may be terminated from the date of such damage by either party
giving written notice to the other party of such cancellation within sixty (60) days following such damage;
and upon such termination, TENANT shall immediately surrender the PREMISES to LESSOR who may enter
and repossess the PREMISES. In the event during the TERM of this LEASE, or any renewal or extension
thereof, the PREMISES shall be rendered unfit for occupancy but can be restored within 120 days, then
LESSOR, at LESSOR’s expense, shall promptly restore the PREMISES to its former condition (not including
TENANT improvements).
f) TENANT shall pay all charges and bills for water, gas, electricity, and such other utilities as may
be assessed or charged against TENANT during the TERM.
g) TENANT shall have the right and privilege to construct and build or install in the PREMISES any
trade fixture, equipment, and structures as may be determined necessary in TENANT’s sole discretion. All
such trade fixtures, equipment, and structures of every kind and nature used in PREMISES supplied and
installed at the sole cost and expense of the TENANT shall at all times be and remain the property of the
TENANT, and TENANT shall have the right to remove all or any part of the trade fixtures from the PREMISES
at any time; provided, however, that TENANT shall repair or reimburse LESSOR for the cost of repairing
any damage to the PREMISES resulting from the removal of any such trade fixture. LESSOR shall have no
obligation to perform any improvements whatsoever.
h) TENANT SPECIFICALLY ACKNOWLEDGES that in the event of a natural disaster, the LESSOR
prioritizes repairs and services to City infrastructure and facilities first and no real or perceived delay in
repairs to the PREMISES shall be construed as an abandonment of the terms and conditions of this LEASE.
6. HOLD OVER TERM: If the TENANT remains in possession beyond the expiration of this LEASE, or any
extension or renewal hereof, and negotiation of rent or demand to quit the PREMISES has been given,
such holding over shall be deemed a month-to-month tenancy with lease rental rates increasing to
$5,000.00 per month. All other terms in effect at the time such hold over takes place shall remain the
same as stated herein.
7. CANCELLATION PRIVILEGE: It is expressly understood and agreed by the parties hereto that the TENANT
shall have the option to terminate this LEASE at the end of any fiscal year in the event fails to appropriate
funding to fully comply with the TENANT’s responsibilities set forth in this LEASE. TENANT may otherwise
terminate this LEASE for any reason at the end of any calendar year upon one (1) month’s notice.
8. SUBORDINATION: The TENANT’s rights under this LEASE shall remain subordinate to any bona fide
mortgage or deed to secure debt which is now or may hereafter be placed upon the PREMISES; provided
that the TENANT’s tenancy shall not be disturbed, nor shall the covenants and conditions of this LEASE be
invalidated or changed.
9. DEFAULT: If at any time one party shall default in any of its covenants or obligations under this LEASE,
the other party shall give written notice of the nature of the default. If the default cannot be cured within
thirty days, the aggrieved party may cancel this LEASE without further obligation.
Page 74 of 253
3
10. NOTICES: All rent payments due hereunder shall be made to, and notices required to be given to
LESSOR hereunder, shall be sent to LESSOR at LESSOR’s address, and such other address as LESSOR may
direct from time to time by written notice to TENANT. All notices required to be given by LESSOR or
TENANT hereunder shall be sent to TENANT at TENANT’s address, or to such address as TENANT may
direct from time to time by written notice to LESSOR.
11. BENEFIT: This LEASE and all of the covenants and provision herein shall inure to the benefit of and be
binding upon the successors and assigns of the parties hereto. Each provision hereof shall be deemed
both a covenant and condition and shall run with the land.
12. INTEGRATION AND WAIVER: This written LEASE contains the entire agreement of the parties hereto
with reference to the leasing of said PREMISES, except as may be further amended or modified in writing
between the parties. No waiver of any breach of covenant herein contained shall be construed as a waiver
of the covenant itself or any subsequent breach thereof.
13. INSURANCE: TENANT will provide for itself, its officers, trustees, employees, and agents general
liability insurance for bodily injury or property damage; provided, however, that such acts are within the
scope and limit of the insurance coverage of the TENANT, and only to the extent of such scope and limit.
It is agreed by the parties that such insurance does not provide general liability coverage to LESSOR.
TENANT shall also provide insurance to cover all contents and fixtures. A letter of verification of said
insurance will be provided setting forth the limits of liability and designation of policy years. It is further
agreed and understood by the parties that the TENANT is not herein and will not provide any type of
insurance for the protection of the building envelope from fire or casualty. Further it is understood by
the parties and agreed to that the insurance on the building included in the PREMISES is the sole
responsibility of the CITY OF FAIRHOPE, and the TENANT by entering into this LEASE assumes no
responsibility for insuring the protection of said building. At all times after the execution of this LEASE, the
LESSOR through its own expense will maintain insurance against loss or damage to said building, which
coverage will be based on the value of said building. The LESSOR will also maintain liability coverage for
events arising out of occurrences related to said building or grounds which are not due to the negligence
or willful or wanton misconduct of the TENANT or its invitees. The TENANT will maintain liability coverage
for events arising out of occurrences related to said building or grounds which are due to the negligence
or willful or wanton misconduct of the TENANT or its invitees.
14. BUILDING MAINTENANCE: LESSOR and TENANT shall have fourteen (14) days from the execution of
this agreement to inspect the current condition of all mechanical, electrical and plumbing systems
associated with the PREMISES. Once LESSOR is satisfied, in its sole discretion, that the systems have been
presented and are in well maintained and working order, LESSOR and TENANT agree that the parties shall
then be equally responsible for maintenance, repair and/or replacement of the HVAC system and
plumbing systems throughout the TERM. LESSOR shall be responsible for maintenance, repair of electrical
systems throughout the term of the lease. After satisfactory inspection and turnover, LESSOR shall not be
required to repair or replace any mechanical, electrical or plumbing system damage caused by negligent
or willful acts of the TENANT, its agents, employees or invitees. LESSOR may repair damage caused by
negligent or willful acts of the TENANT, its agents, employees, students or invitees and charge back
TENANT for said repair or replacement. LESSOR at its sole discretion, shall determine if the damage
necessitating repair or replacement was caused by the negligent or willful acts of the TENANT, its agents,
employees or invitees.
Page 75 of 253
4
15. LANDLORD/TENANT GENERAL RESPONSIBILITIES: See Exhibit B attached hereto.
16. TENANT is required to obtain all permits for construction or improvement on the PREMISES with the
understanding that fees may be waived at the discretion of the City of Fairhope.
17. RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT: TENANT does hereby completely and fully
release, remise, acquit, and discharge forever LESSOR, and its officers, agents, and employees, of and from
any and all claims, demands, actions, causes of action, suits, costs, personal injury, wrongful death,
damages, expenses, compensation, and liability of every kind, character, and description, either direct or
consequential, at law or in equity, of whatever kind or nature, including, but not limited to, claims in
contract, tort or equity that have arisen or may arise, directly or indirectly, in connection with the
TENANT’s use of the PREMISES including but not limited to the building, sidewalks, adjacent parking areas,
drives and to the unleased portions of the building and its exterior including exterior grounds, sidewalks,
parking, etc. To the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from
LESSOR’s loss or expense, including reasonable attorney fees for claims for personal injury, wrongful
death, property damage, loss, damage, or injury of any kind or character to any person or property arising
from the use of the PREMISES by the TENANT, its members, agents, employees, students, or invitees or
their respective use of the unleased areas and exterior grounds, sidewalks, parking, etc. Additionally, to
the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or
expense, including reasonable attorney fees, against all claims caused by or arising from any act or
omission of the LESSOR, its agents, servants and/or employees.
18. GOVERNING LAW: This LEASE shall be governed by and interpreted under the laws of the State of
Alabama.
[Signatures on Following Page]
Page 76 of 253
5
[Signature Page for Lease Agreement between City of Fairhope and
Baldwin County Community and Economic Development Foundation, Inc.]
IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on the date
first above written.
LESSOR:
CITY OF FAIRHOPE, an Alabama municipal
corporation
Sherry Sullivan, Mayor
ATTEST:
Lisa A. Hanks, MMC
City Clerk
TENANT:
Baldwin County Community and Economic
Development Foundation, Inc., an Alabama
non-profit corporation
Name:
Its:
Page 77 of 253
Exhibit A to Lease Agreement
EXHIBIT A
Depiction of the Premises (Pink Hatch)
Page 78 of 253
Exhibit B to Lease Agreement
EXHIBIT B
LANDLORD-TENANT GENERAL RESPONSIBILITIES
JOINT RESPONSIBILITIES
The parties shall be equally responsible for maintenance, repair and/or replacement of the HVAC and
plumbing systems throughout the TERM. LESSOR shall not be required to repair or replace any
mechanical, HVAC, electrical or plumbing system damage caused by the neglect or willful acts of the
TENANT, its agents, employees or invitees. LESSOR may repair damage caused by negligent or willful
acts of the TENANT, its agents employees, or invitees and charge back TENANT for repair or
replacement. LESSOR at its sole discretion, shall determine if the damage necessitating repair or
replacement was caused by the negligent or willful acts of the TENANT, its agents, employees or
invitees.
LESSOR RESPONSIBILITIES PURSUANT TO THE LEASE
1. General routine inspection, repair and maintenance of roof system and building envelope.
2. Annual inspection, repair and maintenance major electrical systems and if/when LESSOR deems
necessary, periodic inspections of the HVAC and/or plumbing systems.
3. Annual inspection, repair and maintenance fire alarm/suppression systems.
4. Utility cost and maintenance of detached exterior lighting (metered separate)
5. Campus (including PREMISES) sanitation services provided at pickup point.
6. Maintaining insurance on the structure only as set forth above.
TENANT RESPONSIBILITIES PURSUANT TO THE LEASE
1. All custodial care (including cleaning and consumable supplies)
2. Building security – active and passive
3. Establishment and payment of utility bills (separately metered)
4. Establishment and payment of telecommunication and internet utility bills
5. Contents and general liability insurance (with City as additional insured)
6. Routine interior maintenance and repair (including but not limited to:)
a. Tile/Carpet/Floor Cleaning, Polishing and Sealing
b. Changing/servicing of light bulb/fixtures
c. Changing/servicing of air filters
d. Window washing
e. Paint Touchup and scheduled repainting
f. Patching of walls due to damage or placement/removal of fixtures
g. Clogged Toilets and repair of localized plumbing issues.
Page 79 of 253
Exhibit B to Lease Agreement
h. Repair and Maintenance of Tenant Specific Electrical Systems
i. Repair and Maintenance of Tenant Specific Telecom/IT Systems
j. Repair and Maintenance of Tenant Specific Security Systems
k. Repair and Maintenance of Tenant Specific Audiovisual Systems
l. Repair and Maintenance of Tenant Specific furniture, fixtures and equipment.
Page 80 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1444
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Lisa A. Hanks, City Clerk, is hereby appointed to perform all the
duties otherwise required to be performed by the Mayor per Code of
Alabama, 1975 with respect to the Municipal Election to be held in
the City of Fairhope on August 26, 2025; and if necessary, a Run-off
Election on September 23, 2025.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
Lisa A. Hanks, City Clerk, is hereby appointed to perform all the duties otherwise
required to be performed by the Mayor per Code of Alabama, 1975 with respect to the
Municipal Election to be held in the City of Fairhope on August 26, 2025; and if
necessary, a Run-off Election on September 23, 2025.
BACKGROUND INFORMATION:
WHEREAS, a General Municipal Election will be held in the City of Fairhope on the 26th
of August 2025, and if necessary, a Run-off Election will be held in the City of Fairhope
on the 23rd of September 2025; and,
WHEREAS, the Mayor of the City of Fairhope is a candidate in said election and is
thereby disqualified to perform certain duties per Code of Alabama, 1975.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
Page 81 of 253
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 82 of 253
RESOLUTION NO. _____
WHEREAS, a General Municipal Election will be held in the City of Fairhope on the
26th of August 2025, and if necessary, a Run-off Election will be held in the City of
Fairhope on the 23rd of September 2025; and,
WHEREAS, the Mayor of the City of Fairhope is a candidate in said election and is
thereby disqualified to perform certain duties per Code of Alabama, 1975.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF FAIRHOPE, that Lisa A. Hanks, City Clerk, is hereby appointed to
perform all the duties otherwise required to be performed by the Mayor per Code of
Alabama, 1975 with respect to the Municipal Election to be held in the City of
Fairhope on the 26th August 2025 and any Run-off Election ordered held with respect
thereto.
Adopted this the 29th day of April, 2025
_______________________________
Jack Burrell, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 83 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1445
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Appoint Election Officials for Election Day on August 26, 2025, and
Run-off Election Day on September 23, 2025, if necessary; and
establish compensation for Election Officials.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
Appoint Election Officials for Election Day on August 26, 2025, and Run-off Election
Day on September 23, 2025, if necessary; and establish compensation for Election
Officials.
BACKGROUND INFORMATION:
WHEREAS, a Regular Municipal Election has been called to be held on August 26,
2025, and a Run-off Election, to be held, if necessary, on September 23, 2025; and
WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, provides, in
part, that the Municipal Governing Body, not less than 15 days before the holding of any
Municipal Election, appoint from the qualified electors of the municipality, officers to hold
the election as follows; where electronic ballot counters are used, at least one inspector
and three clerks.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001100-
51045
Election Expense $30,000.00 TBD TBD
GRANT:
LEGAL IMPACT:
Page 84 of 253
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 85 of 253
RESOLUTION NO. _____
WHEREAS, a Regular Municipal Election has been called to be held on August 26, 2025, and a
Run-off Election, to be held, if necessary, on September 23, 2025; and,
WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, provides, in part, that the
Municipal Governing Body, not less than 15 days before the holding of any Municipal Election ,
appoint from the qualified electors of the municipality, officers to hold the election as follows; where
electronic ballot counters are used, at least one inspector and three clerks,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama
that the election Officers for said elections shall be as follow:
Chief Inspector: (1) Rebecca “Becky” Brown, 667 Fairhope Avenue
Chief Clerk: (1) John Bartels, 506 N. Mobile Street
Provisional Ballot Officer: (1) John Bartels, 506 N. Mobile Street
(2) Rebecca “Becky” Brown, 667 Fairhope Avenue
Registration &
Voters List Clerks: (1) Margie Gewirtz, 70 Paddock Drive
(2) Helen Allison, 21950 Country Woods Drive
(3) Mike Goodson, 102 Pebble Court
(4) Nelda Goodson, 102 Pebble Court
(5) Donna Bass, 528 Bartlett Avenue
(6) Brenda Callicutt, 9 Canebreak Place
(7) Terri Zechiel, 301 Lake Ridge Drive
(8) Kristina Potter, 554 N. Section Street
Ballot Issue Clerks: (1) Marilyn Witte, 114 Cotswold Court
(2) Diann Carithers, 476 Boulder Creek Avenue
(3) Gregory Carithers, 476 Boulder Creek Avenue
(4) Diane Foote, 210 Heather Lane
(5) Richard Foote, 210 Heather Lane
Inactive List (1) Cindy Cazalas, 404 Patlynn Drive
Express Vote Attendant: (1) Anthony Gasbarro, 322 Clubhouse Drive
(For Handicap)
Machine Attendants: (1) Robert “Bob” Bass, 528 Bartlett Avenue
(2) James “Dale” Vines, 20645 Lowry Drive
(3) Nathan “Judd” Gillespie, 512 Patlynn Drive
(4) Carl Couret, 208 Fig Avenue
(5) Linda Schwemin, 122 North Drive
Page 86 of 253
Resolution No. _____
Election Officers
29 April 2025
Page –2-
Absentee Machine Clerks: (1) Carol Stapleton, 9814 A State Highway 181
(2) Wes Stapleton, 9814 A State Highway 181
BE IT FURTHER RESOLVED, that the Chief Inspector shall be compensated $250.00 for each
Election and for each Run-off Election, if necessary; the Chief Clerk shall be compensated $185.00
for each Election, and for each Run-off Election, if necessary; and other Election Officers shall be
compensated $175.00 for each Election, and for each Run-off Election, if necessary.
ADOPTED THIS 29TH DAY OF APRIL, 2025
___________________________________
Jack Burrell, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 87 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1446
FROM: Richard Johnson, CITY ENGINEER
George Ladd , PUBLIC WORKS DIRECTOR
Nicole Love, Grants Coordinator
SUBJECT: The City Engineer, Richard Johnson, is requesting to procure
Professional Engineering Services for design services for the
Intersection Improvements at US98 and Volanta Avenue, an
Alabama Transportation Rehabilitation and Improvement-II Program
(A-TRIP II) project.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve the negotiated not-to-exceed amount of $203,988.00 for RFQ PS25-026
Professional Engineering Services for design services for the intersection improvements
at US98 and Volanta Avenue and allow the Mayor to execute a contract with Mott
MacDonald Alabama, LLC. Authorize Treasurer to transfer $189,678.73 from General
Fund to Capital Projects fund previously approved during March 10, 2025, Council
meeting.
BACKGROUND INFORMATION:
The City Engineer is requesting to procure Professional Engineering Services for design
services for the Intersection Improvements at US98 and Volanta Avenue, an Alabama
Transportation Rehabilitation and Improvement-II Program (A-TRIP II) project. The
scope of services will include:
1. Corridor Study. Deliverables include:
• Wetland Mapping for inclusion in the plans and use in any required permitting
• Threatened and endangered Species Survey
• ALDOT coordination
2. Survey. Deliverables include:
• Topographic Survey for use in preparing construction plans
3. Preliminary Roadway Plans. Deliverables include:
Page 88 of 253
• Preliminary Plans and estimates (assumes a draft and final submittal)
4. Roadway Plans
• Roadway Plans and Engineering Estimates at the following submittals
- 30%, Plan in Hand (60%) is an Optional Submittal, PSE (85%), Construction Submittal
(95%) and Office Engineer (100%)
• Geotechnical Report
Mayor Sullivan has selected Mott MacDonald Alabama, LLC. for this project.
Mott MacDonald Alabama, LLC. is an ALDOT approved Engineering Firm.
The Mayor and the City Engineer would like to establish a not-to-exceed amount for
Professional Engineering Design Services for Two Hundred Three Thousand Nine
Hundred Eighty-Eight Dollars ($203,988.00).
Previous Action: Council Meeting April 14, 2025, Resolution No. 5414-25 City Council
approved the selection by Mayor Sherry Sullivan for Professional Engineering Services
for (RFQ PS25-026) for Design Services for Alabama Transportation Rehabilitation and
Improvement-II Program (A-TRIP II) Intersection Improvements at US98 and Volanta
Avenue to Mott MacDonald Alabama, LLC.: and hereby authorized Mayor Sullivan to
negotiate the not-to-exceed fee to be approved by Council.
Previous Action: Council meeting March 10, 2025, Resolution 5391-25 City Council
authorized acceptance of an Alabama Transportation Rehabilitation and Improvement
Program-II (ATRIP-II) grant in the amount of $2,000,000.00 and also approved the
City's share of the project as $389,678.73.
The City's portion of $389,678.73 less the FY25 Budget of $200,000.00 resulted in a
shortage of $189,678.73 which was approved as a transfer from General Fund to
Capital Projects Fund.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55840 Capital Projects $203,988.00 $203,988.00 $0.00
Authorize Treasurer to transfer $189,678.73 from General Fund to Capital Projects fund
previously approved during March 10, 2025, Council meeting.
Page 89 of 253
Authorize Budget Transfer:
General Fund
001900-50965 Transfers-Cap Proj Fund $189,678.73
001-49998 Budget Rollover ($189,678.73)
Capital Projects Fund
103-55840 Capital Projects – Paving $189,678.73
103-49810 Transfers from Gen Fund ($189,678.73)
GRANT:
Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP-II)
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 90 of 253
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to
execute a Contract with Mott MacDonald Alabama, LLC for Professional
Engineering Design Services for Alabama Transportation Rehabilitation and
Improvement-II Program (A-TRIP II) Intersection Improvements at U.S. 98 and
Volanta Avenue (RFQ PS25-026) with a not-to-exceed amount of $203,988.00; and
authorize Treasurer to transfer $189,678.73 from General Fund to Capital Projects
fund previously approved during March 10, 2025, Council meeting.
ADOPTED ON THIS 29TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 91 of 253
Mott MacDonald Restricted
Proposal for Design Services for Alabama Transportation Rehabilitation and
Improvement-II Program (A-TRIP_II) Intersection Improvements at US98 and
Volanta Ave.
March 18, 2025
Dear Mr. Johnson,
Mott MacDonald Alabama, LLC (MM) is pleased to submit our proposal to provide
Professional Engineering Services for the referenced project. This proposal will
cover the professional engineering scope of work to complete environmental
permitting and construction documents for Volanta Intersection Improvements at
US 98 ATRIP II Project in Fairhope, AL.
This Project consists of intersection improvements at the US 98 (Greeno Road)
Intersection with Volanta Avenue as approved in the ATRIP Grant documents.
These will include added acceleration and deceleration lanes, striping and traffic
signal installation. MM scope of work will consist of providing environmental
clearance, corridor study and preliminary engineering to support the defined state
environmental document, topographic survey, Right-of-Way map production, and
development of final roadway construction plans including traffic signalization.
Please find here a description of our proposed services. The associated fees for
these services are included in the attached Man-day Estimate.
1 Corridor Study
MM will utilize Barry Vittor (Thompson Engineering) to provide the environmental
engineering services to support the ALDOT Environmental (EIS) documentation
required to clear the project for roadway construction. This will include studies of
the existing corridor, coordinating with Authorities Having Jurisdiction (AHJs),
collecting data and preparing draft environmental layouts and supporting
documentation for ALDOT’s use in preparing the environmental document.
This task will include the services to provide wetland delineation and mapping,
threatened and endangered species survey, and coordination with ALDOT on the
preparation of the environmental document.
Your Reference
Volanta -US98 ATRIP
Intersection
Improvements
Mott MacDonald
107 Saint Francis Street
Suite 2900
Mobile
AL 36602
United States of America
T +1 (251) 343 4366
mottmac.com
Mr. Richard Johnson, PE
City of Fairhope
Post Office Box 429
Fairhope, Alabama 36533
Page 92 of 253
Mott MacDonald
Mr. Richard Johnson, PE
March 18, 2025
Page 2 of 3
Mott MacDonald Restricted
This task includes all necessary expenses including printing costs and subconsultant fees.
Deliverables:
• Wetland Mapping for inclusion in the plans and use in any required permitting
• Threatened and endangered Species Survey
• ALDOT coordination
Corridor Study Fee: $ 6,720
2 Survey
MM will utilize Wattier and Associates to perform all necessary field survey and datal collection services to
provide physical data required for preparation of the complete set of plans as per standard ALDOT procedures.
This includes basic control surveys, closures and preparation of closure diagrams, establishing project
centerline, and obtaining topographic data including cross sections. This task includes field survey to identify and
locate existing utilities, locate existing ROW and critical points, as well as locate property pins/markers. MM will
provide survey for this project to 500 LF beyond the project limits as depicted on the concept plans.
This task includes all necessary expenses including travel and printing.
Deliverables:
• Topographic survey for use in preparing the construction plans
Survey Fee: $ 14,693
3 Preliminary Roadway Plans
MM will develop preliminary roadway plans to support the environmental document and for the Cities use in
presenting this to the Public. This includes traffic analysis, concept and recommended design alternatives,
coordination with utilities and other AHJs, and development of preliminary costs estimates.
This task also includes supporting the City of Fairhope and ALDOT in resolving comments from the Public.
Deliverables:
• Preliminary plans and estimates (assumes a draft and final submittal)
Preliminary Plans Fee: $ 18,456
4 Roadway Plans
MM will prepare detailed plans, specifications, cost estimates for the final project alignment. Plans will be
prepared using the ALDOT standards, including the ALDOT Plans Preparation Manual and applicable sections
of the Guide for Developing Construction Plans (GDCP). MM will also prepare an CBMPP/NOI, including all
necessary supporting documentation, for construction stormwater permitting.
MM will support the City of Fairhope and ALDOT in developing final construction bid documents necessary to bid
the project.
This task will include the services of two sub consultants. SAIN and Associates will provide the signalization
design, plans and traffic analysis. Geotechnical Engineering & Testing, Inc. will perform the necessary field work
and laboratory testing to prepare a Project geotechnical engineering report. This shall include a site preparation
and pavement recommendation for the new roadway in accordance with standard ALDOT procedures and mast
arm foundation borings.
Page 93 of 253
Mott MacDonald
Mr. Richard Johnson, PE
March 18, 2025
Page 3 of 3
Mott MacDonald Restricted
This task includes all necessary expenses including printing costs and subconsultant fees.
Deliverables:
• Roadway Plans and Engineering Estimates at the following submittals
o 30%, Plan in Hand (60%) is an Optional Submittal, PSE (85%), Construction Submittal (95%)
and Office Engineer (100%)
• Geotechnical Report
Roadway Plans Fee: $ 164,119
Total Project Fee: $ 203,988
Assumptions and Clarifications
1. Wetland permitting is not included and would require a Supplemental Agreement (SA) if required.
2. This proposal is based on ALDOT performing the Cultural Resource Assessment, SHPO coordination
and producing the Environmental document, MM will provide wetland delineation and threatened and
endangered species survey, and coordination with ALDOT.
3. No Right-of-Way survey or document preparation is included.
4. No utility relocation design is included, any needed utility relocation design will require a SA.
5. No construction services are included.
6. Fees are based on the current MM FAR.
7. Subconsultants include 5% administrative costs.
8. MM proposes a Lump Sum Not to Exceed total fee billable monthly as a percentage (%) complete for
each task
Thank you for the opportunity to serve the City of Fairhope on this important project.
Sincerely,
John Peterson
Principal Project Manager
+12512879419
2513703425
john.peterson@mottmac.com
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RESOLUTION NO. 5414-25
BE IT RESOLVED BY THE GOVERNING BOD Y OF THE CITY OF
FAIRHOPE, ALABAMA , That the City Council approves the selection by Mayor
Sherry Sullivan for Professional Engineering Services for (RFQ PS25-026) for
Design Services for Alabama Transportation Rehabilitation and Improvement-II
Program (A-TRIP II) Intersection Improvements at US98 and Volanta Avenue to
Mott MacDonald Alabama, LLC: and hereb y authorize Mayor Sulivan to negotiate
the not-to-exceed fee to be approved by Council.
ADOPTED ON THIS 14TH DAY OF APRIL, 2025
Attest:
isaAHanks , MMC
City Clerk
~
Page 95 of 253
Memorandum
From: Richard D. Johnson, P.E., City Engineer
To: Jack Burrell, Council President and All Members of the Council
Thru: Sherry Sullivan, Mayor
CC: Purchasing; Grants; File
Date: April 3, 2025
Subject: Selection of Mott MacDonald for Professional Survey and Engineering
Services - PROJECT NO. ATRP2-02-2025-204 INTERSECTION
IMPROVEMENTS AT US-98 AND VOLANTA AVENUE
Council President:
The City Council approved City Staff to apply for ATRIP‐II Grant funding provided by
the Rebuild Alabama Act of 2019 for the above referenced project in Fiscal Years 2022, 2023
and 2024. Our application was not selected in 2022 and 2023. However, the 2024 application
was awarded by the Governor in early 2025. The award amount was $2,000,000.00 for the
project.
These applications are long and contain over 50+ pages of documents, estimates, maps, sketch
plans and traffic & safety data. As part of these applications, we were required to provide:
• Status of the available right-of-way (ROW) to accommodate the proposed project
• A detailed preliminary pay item estimate of the total project cost (utilizing ALDOT pay
item numbers for the construction phase of work)
• Preliminary scaled drawings, or plans necessary to support the project application
These three key application criteria require the involvement of a consulting engineer. Mott
MacDonald Alabama, LLC (MM) work with City Staff to develop the preliminary drawings,
geometric layout, project estimate (per ALDOT pay items) and ROW determination for the initial
application. Then, MM worked with us each subsequent year to update the application. They
provided this assistance without compensation – pro bono.
It has been the guiding principle of the City that when our Design Firms assist us in the
development of grant applications at no cost to the City, if the grant is awarded, that firm is given
first consideration for selection for the Project Design Contract. Thus, my recommendation of
Mott MacDonald to be awarded the work on this project they helped to secure the funds for.
Thank you for your consideration of this request.
RDJ
Page 96 of 253
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Richard D. Johnson, PE – City Engineer Date: 03/19/2025
Department: Public Works – Capital Projects
Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A
Greater than:
Gen Govt - $5,001
Utilities - $10,001
Operational NON-Budgeted Three Council Required Required
Gen Govt - $5,001-$30,000
Utilities - $10,001 - $30,000
Operational Budgeted Three Treasurer N/A N/A
Over $30,000 Operational Budget* State Bid List or
Buying Group
Treasurer/Mayor N/A N/A
Over $30,000/$100,000 Operational Budgeted Bids Council Required Required
Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
QUOTES
Vendor Name Vendor Quote
1. Mott MacDonald $ Select for PS -
2. Click or tap here to enter text. $
3. Click or tap here to enter text. $
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☐ Sole Source (Attach Sole Source Justification)
ITEM OR SERVICE INFORMATION
1. What item or service do you need to purchase? Professional Survey and Engineering Design Services
2. What is the total cost of the item or service? Estimated at $204,000.00
3. How many do you need? One PS Contract
4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Mott MacDonald
6. Vendor Number: 4912
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
BUDGET INFORMATION
1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? $2508275.39 - $2,000,000.00 ATRIP II Grant
3. Budget code: Unknown – will need to coordinate with Treasurer – See attached
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
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ATRIP-II Project Summary
ATRIP-II Project Number:
County: City:
Sponsor:
Project Description:
Project Responsibilities *
ALDOT Sponsor
Preliminary Engineering
Right-of-Way
CE&I
Post-Construction Maintenance
Project Budgets per Funding Source
Funding ATRIP-II ** SPONSOR OTHER
Preliminary Engineering
Right-of-Way
Utilities
Construction (Incl CE&I)
Project Funding Source Totals
ATRIP II Amount:
Sponsor Amount:
Other Amount:
Total:
CPMS #
NA NA
Local Transportation Other:Project Lead: Region
Lead Contact:
% ATRIP-II Funds on State Routes: % ATRIP-II Funds on Local Routes:
(* Both ALDOT and Sponsor can be checked if applicable)
(** If the Sponsor is funding the PE, ALDOT PE Review Costs should be accounted for in the ATRIP-II PE budget)
SCOPE
REVISED JAN 2023
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1424
FROM: Ben Patterson, ELECTRIC SUPERINTENDENT
SUBJECT: The Superintendent of Electric Department, Ben Patterson, has
requested to procure a qualified contractor to conduct an inventory of
attachments by joint-users to the City's Electric System, attachments
of the City's Electric System to others, and an inventory of the City's
Electric System with phasing diagrams.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve the award of Bid No. 25-022 Joint Use Attachment Inventory for City of
Fairhope Electric Department to Pike Engineering with a not-to-exceed bid proposal of
$135,050.00.
BACKGROUND INFORMATION:
The Superintendent of Electric Department has requested to procure a qualified
contractor to conduct an inventory of attachments by joint-users to the City's Electric
System, attachments of the City's Electric System to others, and an inventory of the
City's Electric System with phasing diagrams.
This contract was unsuccessfully bid twice before. Each of the previous bids received
one (1) bid submittal that was rejected for being too high of cost pursuant to Code of
Alabama 1975, Section 41-16-57(d).
A service bid was issued on February 19, 2025 as an informal bid. Two (2) responsive
bids were received at the bid opening on March 13, 2025 at 2:00 p.m.
The Superintendent of Electric Department and the Telecommunications Consultant
recommends the award be made to Pike Engineering, LLC. Their low bid price was as
follows:
Price Per Pole: $48.25 each (approximately 2,600 poles)
Price Per Pad Mount Transformer: $12.00 each (approximately 800 transformers)
Total bid proposal not-to-exceed $135,050.00.
Previous Actions:
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Resolution No. 5169-24 To Reject All Bids for Bid No. 25-054 and Authorize the Re-Bid
under Code of Alabama 1975, Section 41-16-57(d).
Resolution No. 5296-24 To Reject All Bids for Bid No. 25-001 under Code of Alabama
1975, Section 41-16-57(d).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
003-50290-
30
Electric -
Professional
Services
$135,050.00 $135,050.00 $0.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 101 of 253
RESOLUTION NO. _______
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for Joint Use
Attachment Inventory (Bid Number 25-022) for the Electric Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Pike Engineering, LLC $135,050.00
The Fishel Company d/b/a Team Fishel $151,216.00
[3] After evaluating the bid proposals with the required bid specifications, Pike
Engineering, LLC is now awarded the bid for Joint Use Attachment Inventory (Bid
Number 25-022) for the Electric Department with a total bid proposal not-to-exceed
$135,050.00.
Adopted on this 29th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
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555 S Section Street / Fairhope, Alabama 36532
251.928.8003 (p) / www.FairhopeAL.gov
COF-PUR-003
091321
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PROJECT REQUEST FORM
Requestor: Ben Patterson Department: Electric
Project Name: Joint Use Attachment Inventory
Project Description: Provide full inventory of City of Fairhope’s Electric System
Project Category: x Bid Professional Service Other:
Budget Amount: Budget Code:
Budgeted for Current FY: Yes x No
BID INFORMATION
Bid Duration: Project Duration:
Engineer of Record:
Pre-Bid Meeting: No x Yes X Mandatory Non-Mandatory
Scope of Work Provided By: Contract Extensions: No Yes
Project Manager:
Insurance Requirements: Minimum Maximum
Bonds: Bid Performance Labor & Materials
Related Bids/RF’s
FORCE ACCOUNT INFORMATION
Force Account Project: No Yes Estimated Amount: Budget Code:
Notes:
SIGNATURES
Requestor:
Senior Accountant:
City Treasurer: Mayor:
Page 114 of 253
PRF - Joint Use Attachment Inventory-Electric
Final Audit Report 2024-05-30
Created:2024-05-30
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAd6_Qm7Nvye5wTSbNFzGTeaCtjKnkN7JJ
"PRF - Joint Use Attachment Inventory-Electric" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-05-30 - 12:56:58 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-05-30 - 12:57:01 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2024-05-30 - 2:00:48 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2024-05-30 - 2:01:38 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2024-05-30 - 2:01:39 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2024-05-30 - 2:32:48 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2024-05-30 - 2:33:14 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-05-30 - 2:33:15 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-05-30 - 2:34:34 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-05-30 - 2:34:48 PM GMT - Time Source: server
Agreement completed.
2024-05-30 - 2:34:48 PM GMT
Page 115 of 253
RESOLUTION N O. 5169-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City Council to reject all bids (Bid No. 24-054) to Procure Services for Joint
Use Attachment Inventory for the Electric Department; and authorize the re-bid the annual
contract under Code of Alabama 1975, Section 41-16-(d).
ADOPTED ON THIS 26TH D
Corey Martin , Council President
Attest:
~di~
City Clerk
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1439
FROM: Wes Boyett, GAS SUPERINTENDENT
SUBJECT: The Superintendent of Gas Department, Wes Boyett, has requested
to procure a qualified contract to provide all materials, equipment,
labor and incidentals for Phase 2 of the replacement of cast iron gas
pipes.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve the award of Bid No. 25-028 Fairhope Cast Iron Replacement Phase 2 to
GMC Underground for a not-to-exceed amount of $4,107,412.00.
BACKGROUND INFORMATION:
A service bid was issued on March 14, 2025, posted to the City of Fairhope's website,
and published in three (3) statewide newspapers and Gulf Coast Media. Two (2)
responsive bids were received at the bid opening on April 8, 2025 at 10:00 a.m.
The City Engineer recommends the award be made to GMC Underground. Their low bid
price for the project is Four Million One Hundred Seven Thousand Four Hundred
Twelve Dollars ($4,107,412.00).
Previous Council Action: City of Fairhope approved the Contract Amendment No. 2
for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia
River Services, Inc. on January 27, 2025 (Resolution No. 5363-25). The total contract
amendment award was Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six
Dollars and Fifty Cents ($714,766.50), increasing the total contract cost to One Million
Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents
($1,714,766.50). *This action pertains to Phase 2 of the project*.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
002-59500-
10
Gas - Utility
System
Improvements
$3,808,233.50 $4,107,412.00 ($299,178.50)
Page 118 of 253
Phase 2 Construction costs of $4,107,412.00 are in addition to the previously approved
Engineering Consulting services of $714,766.50 which totals $4,822,178.50. FY25
Budget for Phase 2 is $4,523,000.00, resulting in a budget shortage of $299,178.50.
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 119 of 253
RESOLUTION NO. ____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for Fairhope Cast
Iron Replacement Phase 2 (Bid Number 25-028) for the Gas Department.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Vendor Total Base Bid
GMC Underground $4,107,412.00
Equix Energy Services $4,142,774.00
[3] After evaluating the bid proposals with the required bid specifications, GMC
Underground is now awarded the bid for Fairhope Cast Iron Replacement Phase 2
(Bid Number 25-028) for the Gas Department with a bid proposal not-to-exceed
$4,107,412.00.
Adopted on this 29th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 120 of 253
Aprill 8th, 2025
Mr. Wes Boyett
City of Fairhope Public Utilities
555 South Section St.
Fairhope, AL 36532
RE: Fairhope Cast Iron Replacement Phase 2
Dear Mr. Boyett:
We have evaluated the bids received on April 8, 2025 for the Fairhope Cast Iron Replacement
Phase 2 which consists of the replacement of aging cast iron mains with approximately 510
feet of 4” PE gas man, 34,340 feet of 2” PE gas main, and 610 ¾” PE gas service lines.
The following contractors were the only ones providing sealed bids for the project:
Total Base Bid
GMC Underground $4,107,412.00
Equix Energy Services $4,142,774.00
The low bid was submitted by GMC Underground in the amount of $4,107,412.00. Based on
this low bid amount, we recommend the award of a contract for construction of the Fairhope
Cast Iron Replacement Phase 2 to GMC Underground in the amount of
$4,107,412.00.
Sincerely,
Matt Brush
Project Manager
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1440
FROM: Wes Boyett, GAS SUPERINTENDENT
SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting
approval for a contract amendment for RFQ PS015-22 Natural Gas
Engineering Consulting Services to increase the not-to-exceed
contract amount for additional inspection services rendered for
Phase 1 of the Cast Iron Replacement Project.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve Contract Amendment No. 3 for RFQ PS015-22 Natural Gas Engineering
Consulting Services for additional inspection services rendered for Phase 1 of the Cast
Iron Pipe Replacement Project with Magnolia River Services, Inc. The additional cost is
$175,832.35 and total contract price will not-to-exceed $1,890,598.85.
BACKGROUND INFORMATION:
The Superintendent of Gas Department, Wes Boyett, is requesting approval for a
contract amendment No. 3 for RFQ PS015-22 Natural Gas Engineering Consulting
Services to add additional inspection services rendered for Phase 1 of the Cast Iron
Pipe Replacement Project with Magnolia River Services, Inc..
The additional cost will be One Hundred Seventy-Five Thousand Eight Hundred Thirty-
Two Dollars and Thirty-Five Cents ($175,832.35). The new total not-to-exceed contract
amount will be One Million Eight Hundred Ninety Thousand Five Hundred Ninety-Eight
Dollars and Eighty-Five Cents ($1,890,598.85).
• The new contract total of $1,890,598.85 includes the recently approved Phase 2
amount of $714,766.50.
• The adjusted contract total for Phase I is $1,175,832.35, which was budgeted at
$1,000,000.00.
Previous Council Action: City of Fairhope approved the contract for RFQ PS015-22
for Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. on
October 10, 2022 (Resolution No. 4576-22). The total contract award was Five Hundred
Thousand Dollars ($500,000.00).
Page 157 of 253
Previous Council Action: City of Fairhope approved the Contract Amendment No. 1
for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia
River Services, Inc. on October 10, 2023 (Resolution No. 4889-23). The total contract
amendment award was Five Hundred Thousand Dollars ($500,000.00), increasing the
total contract cost to One Million Dollars ($1,000,000.00).
Previous Council Action: City of Fairhope approved the Contract Amendment No. 2
for RFQ PS015-22 for Natural Gas Engineering Consulting Services with Magnolia
River Services, Inc. on January 27, 2025 (Resolution No. 5363-25). The total contract
amendment award was Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six
Dollars and Fifty Cents ($714,766.50), increasing the total contract cost to One Million
Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents
($1,714,766.50). *This action pertains to Phase 2 of the project*.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
002-59500 Gas - Utility System
Improvements
$0.00 $175,832.35 ($175,832.35)
The adjusted contract total for Phase I is $1,175,832.35, which was budgeted at
$1,000,000.00.
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 158 of 253
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves Amendment No. 3 for (RFQ No. PS015-22)
Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. for
Cast Iron Pipe Replacement Phases 1 for additional inspection services with a not-to-
exceed amount of $175,832.35; and authorizes Mayor Sherry Sullivan to execute
contract amendment. This will increase the total cost of the contract to $1,890,598.80.
ADOPTED ON THIS 29TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 159 of 253
City of Fairhope
Contract Amendment
RFQ No. PS015-22 Natural Gas Engineering Consulting Services
This AMENDMENT OF CONTRACT (“AMENDMENT”) is made this ________ day of _____________, 2025 for the
purpose of increasing the contract for RFQ PS015-22 Natural Gas Engineering Consulting Services dated
November 02, 2022 (“Original Contract”) between the City of Fairhope and MAGNOLIA RIVER SERVICES, INC. (the
“Parties”).
1. The Original Contract, which is attached hereto as part of this Amendment is described below:
The Original Contract was awarded for a not-to-exceed amount of Five Hundred Thousand Dollars
($500,000.00).
2. Amendment No. 1, which is attached hereto as part of this Amendment No. 3 is described below:
Amendment No. 1 was executed July 29, 2024 to amend the Original Contract not-to-exceed amount.
Amendment No. 1 increased the Original Contract not-to-exceed amount by Five Hundred Thousand
Dollars ($500,000.00). The amended not-to-exceed amount is One Million Dollars ($1,000,000.00).
3. Amendment No. 2, which is attached hereto as part of this Amendment No. 3 is described below:
Amendment No. 2 was executed March 7, 2025 to amend the Contract Amendment No. 1 not-to-exceed
amount. Amendment No. 2 increased the Original Contract not-to-exceed amount by Seven Hundred
Fourteen Thousand Seven Hundred Sixty-Six Dollars and Fifty Cents ($714,766.50). The amended not-to-
exceed amount is One Million Seven Hundred Fourteen Thousand Seven Hundred Sixty-Six Dollars and
Fifty Cents ($1,714,766.50).
4. The Parties agree to amend the Original Contract, Contract Amendment No. 1, and Contract Amendment
No. 2 to add additional services for Phase 1 of the project for an additional not-to-exceed amount of One
Hundred Seventy-Five Thousand Eight Hundred Thirty-Two Dollars and Thirty-Five Cents ($175,832.35).
5. That amendment binds and benefits both Parties and any successors or assigns. This document, including
the attached original contract, Amendment No. 1, and Contract Amendment No. 2, is the entire
agreement between the Parties. All other terms and conditions of the Original Contract, remain
unchanged. This contract will be increased of One Hundred Seventy-Five Thousand Eight Hundred Thirty-
Two Dollars and Thirty-Five Cents ($175,832.35). The total cost of the contract shall be not-to-exceed One
Million Eight Hundred Ninety Thousand Five hundred Ninety-Eight Dollars and Eighty-Five Cents
($1,890,598.85).
IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first
above written.
Page 160 of 253
THE CITY OF FAIRHOPE, ALABAMA
_____________________________________ _____________________________________
By: Sherry Sullivan, Mayor By: Lisa A. Hanks, MMC, City Clerk
NOTARY FOR THE CITY
I, the undersigned authority in and for said State and County, hereby certify that Sherry Sullivan as Mayor of
the City of Fairhope whose name is signed to the foregoing document and who is known to me, acknowledged
before me on this day, being informed of the contents of the document she executed the same voluntarily on
the date of the same bears date.
Given under my hand and Notary Seal on this ________ day of _____________, 2025.
Notary Public ___________________________
My Commission Expires ___________________
Page 161 of 253
If Corporation, Partnership, or Joint Venture
_____________________________________________________________________________________
Name of Corporation, Partnership, or Joint Venture
By: _____________________________________ _______________________________________
Signature of Officer Authorized to Sign Bids Position or Title
and Contracts for the Firm
_____________________________________________________________________________________
Email Address
_____________________________________________________________________________________
Business Mailing Address
_____________________________________________________________________________________
City, State, Zip Code
_____________________________________ _______________________________________
General Contractor’s License Number Foreign Corporation Entity ID
(Required of out-of-state vendors)
NOTARY
STATE OF ______________________________}
COUNTY OF ____________________________}
I, the undersigned authority in and for said State and County, hereby certify that
_____________________________________ , as ___________________________________________
Type or Print Name of Bid Signer Type or Print Bid Signer Title
Respectively, of ______________________________________________________________________
Type or Print Company Name
Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day,
that, being of the contents of the document they executed the same voluntarily on the day the same bears date.
Given under my hand and Notary Seal on this ________ day of _____________, 2025.
Notary Public ___________________________
My Commission Expires ___________________
Page 162 of 253
RESOLUTION NO. 4576-22
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract for Natural
Gas Engineering Consulting Services with Magnolia River and approves the
negotiated Proposed Rate Schedule for (RFQ PS0 15-22) with a not-to-exceed amount
$500,0 00 .00 .
DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2022
Attest:
~~~4ifL ~anks,MC
City Clerk
Page 163 of 253
Page 164 of 253
Page 165 of 253
Page 166 of 253
Page 167 of 253
Page 168 of 253
Page 169 of 253
Page 170 of 253
Page 171 of 253
Page 172 of 253
RESOLUTION NO. 4889-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , as follows:
[1] That the City Council approves a contract extens ion for (RFQ No . PS0l 5-22)
Natural Gas Engineering Consulting Services with Magnolia River Services, Inc . for
Cast Iron Pipe Replacement Phases 1-6 with a not-to-exceed amount of $500 ,000.00;
and authorizes Mayor Sherry Sullivan to execute contract amendment.
[2] This will increase the original amount of contract from $500 ,000.00 to one million
dollars $1 ,000,000.00.
Corey Martin
Counci l President Pro Tempore
Attest:
~~
City Clerk
Page 173 of 253
RESOLUTION NO. 5363-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , That Mayor Sherry Sullivan is hereby authorized to
execute a contract amendment with Magnolia River Services , Inc. for Professional
Natural Gas Engineering Consulting Services (RFQ PS015-22) with a not-to-exceed
amount of $714 ,766.50. The new contract total will be $1 ,714 ,766.50.
DULY ADOPTED THIS 27TH DAY OF JANUARY , 2025
~~~ ac Burr~cilPresient
Attest:
~L
City Clerk
Page 174 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1441
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting approval for a contract amendment for RFQ PS24-010
Professional Engineering Services for Lead Service Lines Inventory
and Compliance - Phase 1 to increase the not-to-exceed contract
amount for additional services.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve Contract Amendment No. 1 for RFQ PS24-010 Professional Engineering
Services for Lead Service Lines Inventory and Compliance - Phase 1 for additional
services with Kimley-Horn and Associates, Inc.. The additional cost is $57,907.63 and
total contract price will not-to-exceed $135,607.63.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for a
contract amendment for RFQ PS24-010 Professional Engineering Services for Lead
Service Lines Inventory and Compliance - Phase 1 to increase the not-to-exceed
contract amount for additional services with Kimley-Horn and Associates, Inc.
The additional services will include:
LSLI Web Page Development Assistance $35,407.49
LSLI Web Page Maintenance (As-Needed Services) $1,210.00
LSLI Field Data Collection Assistance (As-Needed Services) $3,500.00
LSLI LSLI ADEM Reporting assistance (As Needed Services) $17,790.14
Total Cost of the Contract amendment is Fifty-Seven ThousandNine Hundred Seven
Dollars and and Sixty-Three Cents ($57,907.63). The new total not-to-exceed amount of
the contract will be One Hundred Thirty-Five Thousand Six Hundred Seven Dollars and
Sixty-Three Cents ($135,607.63).
Previous Council Action:
City of Fairhope approved the contract for RFQ PS24-010 for Professional Engineering
Services for Lead Service Lines Inventory and Compliance - Phase 1 with Kimley-Horn
and Associates on December 11, 2023 (Resolution No. 4946-23). The contract award
was Seventy-Seven Thousand Seven Hundred Dollars ($77,700.00).
Page 175 of 253
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
04010-50290 Water -
Professional
Services
$57,907.63 $57,907.63 $0.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 176 of 253
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves Contract Amendment No. 1 for RFQ PS24-010
with Kimley-Horn and Associates, Inc. for Professional Engineering Services for
Lead Service Lines Inventory and Compliance - Phase 1 with a not-to-exceed amount
of $57,907.63; and authorizes Mayor Sherry Sullivan to execute contract amendment.
The new contract total with a not-to-exceed amount of $135,607.63.
ADOPTED ON THIS 29TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 177 of 253
Page 178 of 253
Page 179 of 253
City of Fairhope
Contract Amendment No. 1
RFQ PS24-010
Professional Engineering Services
For Lead Service Lines Inventory and Compliance –
Phase 1
This AMENDMENT OF CONTRACT (“AMENDMENT”) is made this ________ day of _____________, 2025 for the
purpose of increasing the contract for RFQ PS24-010 Professional Engineering Services for Lead Service Lines
Inventory and Compliance – Phase 1 dated January 31, 2024 (“Original Contract”) between the City of Fairhope
and Kimley-Horn and Associates, Inc. (the “Parties”).
1.The Original Contract, which is attached hereto as part of this Amendment is described below:
The Original Contract was awarded for a not-to-exceed amount of Seventy-Seven Thousand Seven
Hundred Dollars ($77,700.00).
2.The Parties agree to amend the Original Contract to add services for an additional not-to-exceed amount
of Fifty-Seven Thousand Nine Hundred Seven Dollars and Sixty-Three Cents ($57,907.63).
3.That amendment binds and benefits both Parties and any successors or assigns. This document, including
the attached original contract, is the entire agreement between the Parties. All other terms and
conditions of the Original Contract, remain unchanged. This contract will be increased Fifty-Seven
Thousand Nine Hundred Seven Dollars and Sixty-Three Cents ($57,907.63). The total cost of the contract
shall be not-to-exceed One Hundred Thirty-Five Thousand Six Hundred Seven Dollars and Sixty-Three
Cents ($135,607.63).
IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first
above written.
THE CITY OF FAIRHOPE, ALABAMA
_____________________________________ _____________________________________
By: Sherry Sullivan, Mayor By: Lisa A. Hanks, MMC, City Clerk
NOTARY FOR THE CITY
I, the undersigned authority in and for said State and County, hereby certify that Sherry Sullivan as Mayor of
the City of Fairhope whose name is signed to the foregoing document and who is known to me, acknowledged
before me on this day, being informed of the contents of the document she executed the same voluntarily on
the date of the same bears date.
Given under my hand and Notary Seal on this ________ day of _____________, 2025
Notary Public ___________________________
My Commission Expires ___________________
Page 180 of 253
If Corporation, Partnership, or Joint Venture
_____________________________________________________________________________________
Name of Corporation, Partnership, or Joint Venture
By: _____________________________________ _______________________________________
Signature of Officer Authorized to Sign Bids Position or Title
and Contracts for the Firm
_____________________________________________________________________________________
Email Address
_____________________________________________________________________________________
Business Mailing Address
_____________________________________________________________________________________
City, State, Zip Code
_____________________________________ _______________________________________
General Contractor’s License Number Foreign Corporation Entity ID
(Required of out-of-state vendors)
NOTARY
STATE OF ______________________________}
COUNTY OF ____________________________}
I, the undersigned authority in and for said State and County, hereby certify that
_____________________________________ , as ___________________________________________
Type or Print Name of Bid Signer Type or Print Bid Signer Title
Respectively, of ______________________________________________________________________
Type or Print Company Name
Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day,
that, being of the contents of the document they executed the same voluntarily on the day the same bears date.
Given under my hand and Notary Seal on this ________ day of _____________, 2025.
Notary Public ___________________________
My Commission Expires ___________________
Page 181 of 253
RESOLUTION NO. 4946-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Kimley-Hom for ( R FQ PS24-0 I 0) Professional Engineering Services for the Lead Service Line Inventory and Compliance-Phase I with a not-to-exceed amount of $77,700.00. DULY ADOPTED THIS 11TH D Corey Martin. Council President Attest: L~,~ City Clerk Page 182 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1447
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting the hiring of a qualified firm for Professional Consulting
Services for I & I (Inflow and Infiltration) Identification Study.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve negotiated not-to-exceed amount of $49,500.00 for RFQ PS25-027 for I&I
(Inflow and Infiltration) Identification Study and allow the Mayor to execute a contract
with Duke's Root Control, Inc.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater is requesting the hiring of a qualified firm for
Professional Consulting Services for I & I (Inflow and Infiltration) Identification Study.
The scope of work will include the following:
1. Receive and upload current GIS / GDB files from client (data requisition guide may be
supplied upon project initialization).
2. Determine location to place initial iTracker units based on flow data obtained from
maps or GIS files to properly canvas the
study area. Final locations placed with client collaboration to achieve best results.
3. Provide client link to view or approve locations for units.
4. Access manholes and install iTracker units in accordance with manufacturer
recommended installation procedures. If
unable to access/locate previously approved manhole locations, a viable alternative will
be selected by Duke's.
5. After 60 days installed and a qualifying rain event (defined as singe day rain event 1”
or greater), Duke’s will remove the
iTracker units. If there is no qualifying rain event, then Duke’s will extend the study
period an additional 30 days, for a
maximum of 90 days. If an additional field visit is needed for project maintenance after
90 days, a mobilization fee will be
required.
5.1. Rain data will be determined by using compiled Doppler radar-derived precipitation
measurements, generating
hourly grids with data points spaced at 1-km (1/2-mile) intervals across the continental
United States – a so-called
Page 183 of 253
“rainfall map.” This highly detailed picture of hourly data is based on a combination of
various sources:
5.1.1. Precipitation data from a network of 180 NWS-maintained overlapping dual-
polarization Doppler radar
networks.
5.1.2. Input from over 20,000 rain gauges.
5.1.3. Satellite data processed every 15-minutes.
5.1.4. Hourly automatic observations from reporting stations (often located at airports).
5.1.5. Numerical models and climatology.
5.2. Final determination of rain data will be at client's discretion if more than one rain
source is used.
6. Upon project completion, review, analyze and report data from test period to identify
areas of the system prone to elevated
levels of inflow or infiltration during and after rain events. Duke's will provide access to
Insight 360, Duke’s web hosted data
platform.
The Mayor and The Superintendent of Water/Wastewater Department would like to
establish a not-to-exceed amount for services of Forty-Nine Thousand Five Hundred
Dollars ($49,500.00).
Previous Action: On April 14, 2025, Resolution No. 5422-25 The City Council
approved the selection by Mayor Sherry Sullican for Professional Consulting Services
for (RFQ PS25-027) for I&I (Inflow and Infiltration) Identification Study to Duke's Root
Control, Inc.; and hereby authorized Mayor Sullivan to negotiate the not-to-exceed fee
to be approved by Council.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004020-
50290-70
Professional
Services
$100,000.00 $49,500.00 $50,500.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Page 184 of 253
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 185 of 253
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to
execute a Contract with Duke's Root Control, Inc. for I & I (Inflow and Infiltration)
Identification Study (RFQ PS25-027) with a not-to-exceed amount of $49,500.00.
ADOPTED ON THIS 29TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 186 of 253
City of Fairhope
Duke's I&I Study
03 / 26 / 2025
Page 187 of 253
OT CONTRO1020 Hiawatha Blvd. W., Syracuse, NY 13204 (3 1 ) 7 - 4781
RED ARROW * MIDWEST WATER GROUP * RMS UTILITY SERVICE * NEW ENGLAND
Headquarters: 400 Airport Rd., Suite E. | Elgin, IL 60123
800.447.6687 | www.Dukes.com
Daryl Morefield
City of Fairhope
555 South Section St.
Fairhope, AL 36533
PROJECT NAME: Duke's I&I Study
Dear Daryl,
Duke's Root Control, Inc. is pleased to submit this proposal to City of Fairhope for the Duke's I&I Study. All details regarding
this project are contained within the pages of this proposal and include sample deliverables, scope of service descriptions, and
pricing.
This proposal is being submitted based on interpretations made from the study maps or information we have been provided.
Please review for accuracy.
Thank you for your consideration and the opportunity to illustrate our services. Please do not hesitate to contact me with any
questions regarding this proposal.
Sincerely,
Duke's Root Control, Inc.
Stuart Tillery
Southeast Regional Manager
678-232-7706
stu@dukes.com
March 26, 2025
Page 188 of 253
Precision I&I Microdetection - Scope of Services
Process
1. Receive and upload current GIS / GDB files from client (data requisition guide may be supplied upon project initialization).
2. Determine location to place initial iTracker units based on flow data obtained from maps or GIS files to properly canvas the
study area. Final locations placed with client collaboration to achieve best results.
3. Provide client link to view or approve locations for units.
4. Access manholes and install iTracker units in accordance with manufacturer recommended installation procedures. If unable
to access/locate previously approved manhole locations, a viable alternative will be selected by Duke's.
5. After 60 days installed and a qualifying rain event (defined as singe day rain event 1” or greater), Duke’s will remove the
iTracker units. If there is no qualifying rain event, then Duke’s will extend the study period an additional 30 days, for a
maximum of 90 days. If an additional field visit is needed for project maintenance after 90 days, a mobilization fee may be
required.
5.1. Rain data will be determined by using compiled Doppler radar-derived precipitation measurements, generating
hourly grids with data points spaced at 1-km (1/2-mile) intervals across the continental United States – a so-called
“rainfall map.” This highly detailed picture of hourly data is based on a combination of various sources:
5.1.1. Precipitation data from a network of 180 NWS-maintained overlapping dual-polarization Doppler radar
networks.
5.1.2. Input from over 20,000 rain gauges.
5.1.3. Satellite data processed every 15-minutes.
5.1.4. Hourly automatic observations from reporting stations (often located at airports).
5.1.5. Numerical models and climatology.
6. Upon project completion, review, analyze and report data from test period to identify areas of the system prone to elevated
levels of inflow or infiltration during and after rain events. Duke's will provide access to Insight 360, Duke’s web hosted data
platform. A username and password will be provided so that access to all data, graphs, maps, and raw data downloads are
available.
Responsibilities of Duke's Responsibilities of Client
1. Provide staff with proper identification and PPE including,
but not limited to, hi-vis vests.
2. Ensure that all vehicles are properly marked and have
adequate safety lighting.
3. Act in a polite, professional manner at all times and
especially when dealing with the public.
4. Report any severe observations to the point person from
the client's office assigned to this project.
1. Provide contractor with all electronic data to successfully
complete the project.
2. Assist contractor with public issues or concerns.
3. Agree to promptly review and advise contractor on any
changes to location of iTracker units, if client is
participating in the iTracker placement process.
4. Assist contractor with location and access of buried or
surcharged manhole structures that have been deemed
optimal locations for iTracker placement.
5. Assist Dukes with traffic control to ensure a safe
installation of units. If traffic control or permitting is the
responsibility of Duke's, client must disclose this prior to
execution of contract and commencement of work.
REV 02.2025
Page 189 of 253
I&I micro-detection is essential for
creating a Smart Wastewater System.
At Duke’s, we understand that detecting infiltration and
inflow (I&I) can be a frustrating and expensive process.
That’s why we utilize cutting-edge micro-detection
technologies to quickly and accurately isolate the line
segments within a basin that are causing excess I&I. By
pinpointing these specific areas, we can start optimizing
your sewer system right away.
We know that chasing down I&I can be a daunting
task, especially when most models only detect the
problem within a few miles. But with our advanced
technology, we can detect even the smallest points of
entry, saving you time and money in the long run. Trust
Duke’s to efficiently and effectively tackle your I&I
problems.
Duke’s micro-detection units and software
identify specific areas to address for I&I
management
Custom algorithms compare dry days to rain
events to provide charts, graphs, and reports
on I&I flows
I&I Micro-Detection
We do it with precision
pinpointing of lines.
Duke’s has the added capability to combine
traditional gravity area-velocity meters and
Duke’s Sentinel Pump Station Flow Monitors.
Deliverables are provided in an easy-to-use and
understand interface.
Page 190 of 253
Innovation by
Advanced Deliverables
WET WEATHER ANALYSIS
A wet weather analysis is a powerful tool for sewer system operators and
municipalities to identify and manage I&I issues during periods of
precipitation. The analysis provides detailed data on I&I flows, enabling
operators to pinpoint problem areas and prioritize mitigation efforts. By
utilizing this data, sewer systems can be optimized, reducing the risk of costly
and disruptive sewer overflows and backups.
SEVERITY RATINGS
Duke’s team of engineers utilize custom in-house developed algorithms that
compare 4-day rain events with 4-day dry events to determine areas of
concern and triage the results into 4 categories: Severe, Moderate, Fair and
Good. These severity ratings can help prioritize further investigation in select
micro-basins to minimize time spent searching for I&I entrance points.
DUKE’S INSIGHT 360 INTERACTIVE PLATFORM
Duke’s Insight 360 is an online platform that can be used to view all Dukes
micro detection studies, and all other data collection service results. This
platform gives a client’s full team easy access to their information from
anywhere, anytime they have access to the internet. In addition to the online
electronic deliverables, Dukes also provides hard copies and printed maps
upon request.
I&I MITIGATION MAPS
After analyzing the data collected during the study time period, color-coded
maps will be created, providing a visual representation of the sewer system
and highlighting each area included within the study and color coded
according to the severity of the assessed level of inflow and infiltration.
These maps can be viewed either online at Duke’s Insight 360 or can be
physically printed, formatted to 11x17 or 24x36-inches, whichever is
preferred.
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Insight
Duke’s has revolutionized the inspection and data
management process with Insight 360. This innovative
tool offers web-based results that require no special
software, making it easy for anyone to access and
use. With a simple login, clickable results are available
in both map and table views, allowing for quick and
easy analysis. All results can be downloaded in a
standard Excel format, providing users with the
flexibility to manipulate and analyze data as needed.
The video viewer for manhole and pipe inspections is
a particularly valuable feature, allowing for a detailed
visual inspection of assets. And for those who prefer
hard copies, maps can be downloaded and printed.
Insight 360 simplifies the inspection process and
provides valuable insights that help Duke’s clients
make informed decisions about their assets.
360
Innovation by
Transform your inspection and data management
process
Web-based results are easily accessibly to all
users withouth the need for special software
Clickable results are available in both map and
table views, allowing for quick and easy analysis
Download results in standard Excel format for
flexibility in manipulating and analyzing data
Download and print maps for users who prefer or
required hard copies
Simplify the inspection process, saving time and
resources while providing valuable insights
Make informed decisions leading to better asset
management and maintenance
Downloadable Reports Clickable Analysis Viewable Photos
Manhole inspection photos are
available with one click on the
web-based Insight 360.
Page 192 of 253
Maps of Subject Area
Proposed subject area supporting documents and maps
Page 193 of 253
Page 194 of 253
Fee Estimate
The prices quoted herein will remain in effect for the length of this contract, unless
changes are agreed upon in writing by both parties.
TYPE OF SERVICE Price UM QTY Subtotal
Precision I & I Detection Program
Study Area: Approximately 48,264 LF
Microdetection Services Consisting of:
• Installation, Data Pull & Retrieval of approximately 40* iTracker
microdetection meters
• Rain Data Collection
• iTracker microdetection study documentation
• Study report and summary presentation
• GDB / GIS shape files with all deliverables
• Deliverables Review Meeting
$49,500.00 LS 1 $49,500.00
iTracker Remobilization (after 90 days)
Per Scope of Services page, if no qualified rain event within 90 days of
the I&I study, we will re-mob to replace batteries and reinstall the
iTrackers for an additional 60-90 days.
$0.00 LS 1 $0.00
Total $49,500.00
* Please note that the quantity of iTrackers specified in this proposal is an estimate provided for planning purposes. Proposals are built
on the total footage of the project. The final billing will be adjusted according to the actual scope.
This is an estimate. Pricing subject to change based on actual quantity completed.
Proposal pricing is valid for 90 days.
Non-Prevailing Wage Rates Applied
We ask that our clients assist with structures that are not located or accessible while our crews are in the field in an effort to achieve
full project completion. If assistance with access to structures cannot be completed within 24 hours after crews complete field work, a
remobilization fee may be applied to complete remaining structures on the project.
Monthly progress billing will be based on field work completed to date. 10% of the item value will be withheld from billing until receipt
and approval of final deliverables for the project. Any mobilization fees will be billed as they are incurred.
Purchasing Platform Partners:
BuyBoard Contract No. 730-24/731-24
COSTARS Contract No. 016-e22-232, Vendor No. 477970
HGACBuy Contract No. SC06-24
Page 195 of 253
Agreement of Service
By signing below, City of Fairhope agree to all provisions set forth in this proposal. Any requirements not listed in this proposal may be
subject to additional fees.
City of Fairhope
Daryl Morefield
Page 196 of 253
THANK YOU
FOR YOUR CONSIDERATION OF OUR SERVICES
400 E. Airport Road, Ste E
Elgin, IL 60123
800-447-6687
Stuart Tillery
Southeast Regional Manager
678-232-7706
Page 197 of 253
Page 198 of 253
RESOLUTION NO. 5422-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , That the City Council approves the selection by Mayor
Sherry Sullivan for Professional Consulting Services for (RFQ PS25-027) for I&I
(Inflow and Infiltration) Identification Study to Duke 's Root Control , Inc.; and hereby
authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by
Council.
ADOPTED ON THIS 14TH DAY OF APRIL , 2025
Attest:
Page 199 of 253
Sherry Sullivan
Mayor
Council Members:
Kevin G. Boone
Jack Burrell, ACMO
Jimmy Conyers
Corey Martin
Jay Robinson
Lisa A. Hanks, MMC
City Clerk
Kimberly Creech
Treasurer
61 North Section St.
PO Box 429
Fairhope, AL 36533
251-928-2136 (p)
MEMO
To: Lisa Hanks, City Clerk
Kim Creech, Treasurer
From: ______________________________
Erin Wolfe, Purchasing Manager
Date: April 2, 2025
Re: RFQ PS25-027 Professional Consulting Services for I & I (Inflow and
Infiltration) Identification Study
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a
professional consulting firm for I & I (Inflow and Infiltration) Identification Study.
Per our Procedure for Procuring Professional Services, Daryl Morefield and I are
providing firms for the Mayor to select from for the work.
The scope of work will include:
• Inspection (I&I, Manhole Inspection)
• Sewer Flow Monitoring
Please move this procurement of professional services forward to the Mayor for the
selection of a professional service provider.
The short list is:
_____________ ___________ Duke’s Root Control, Inc.
_____________ ___________ None. Submit another list
Cc: file, Daryl Morefield, Mayor Sherry Sullivan
Apr 2, 2025
Page 200 of 253
Memo to choose - Prof Services - Manhole I&I
Inspection
Final Audit Report 2025-04-02
Created:2025-04-02
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAwHSOGkTxQKMVQrXuDWFHS6iu3oaVhS4W
"Memo to choose - Prof Services - Manhole I&I Inspection" Histo
ry
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-04-02 - 1:35:15 PM GMT
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-04-02 - 1:35:50 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-04-02 - 1:36:54 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-04-02 - 1:37:34 PM GMT - Time Source: server
Agreement completed.
2025-04-02 - 1:37:34 PM GMT
Page 201 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1462
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting the hiring of a Professional Engineering Firm for
engineering services for an 8" Water Main Replacement under Rock
Creek.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
To approve the selection by the Mayor for RFQ PS25-028 for professional engineering
services for an 8" Water Main Replacement Under Rock Creek Project and authorize
the Mayor to execute a contract with a not-to-exceed amount of $30,000.00 with Krebs
Engineering.
BACKGROUND INFORMATION:
The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a
Professional Engineering Firm for engineering services for an 8" Water Main
Replacement under Rock Creek. The current 8" water main will be replaced with a 10-
inch DR11, HDPE water main, which has an 8" inner diameter. The new 10-inch DR 11
HDPE water main will be installed by directional drilling from the north side of South
Drive approximately 900 feet along the east side of US Highway 98 to an exiting valve
where the new line will be connected back to the existing system.
Krebs Engineering has submitted a proposal for professional engineering services for
this project to include:
A. Preliminary Services
A.1. Field Reconnaissance
A.2. Discussions with appropriate entities having jurisdiction
A.3. Consultation with the City.
A.4. Site Survey
B. Engineering Design Services
B.1. Evaluate and develop construction documents for the following:
B.2. Installation of a 8-inch Water Main by directional drilling. Preparation of plans and
specifications for viable installation options.
B.3. Preparation of estimates of probable construction cost.
B.4. Review of plans and specifications with the City.
Page 202 of 253
B.5. Furnishing to agencies having jurisdiction the number of sets of plans and
specifications required for review purposes.
B.6. Preparation of application for approval to construct the proposed improvements
from such agencies, including ALDOT.
B.7. Furnish deliverables to the City.
C. Bid Period Services
C.1. Email the "Advertisement for Bids" to qualified contractors.
C.2. Issue Plans and Specifications to requesting Contractors.
C.3. Furnish a representative for attendance at the pre-bid conference.
C.4. Furnish a representative for attendance at the bid opening.
C.5. Tabulate, evaluate, and certify the bids received.
C.6. Evaluate bid pricing for all installation options and make recommendations to the
City.
C.7. Prepare construction contract documents for execution by the City and the
Contractor to whom the award is made.
C.8. Review all sets of executed documents for completeness of forms and required
attachments.
C.9. Furnish a representative for attendance at the pre-construction conference.
D. Construction Review Services
D.1. Provide the location of horizontal and vertical control (reference points and
benchmarks) for the Contractor to use in his layout of the work.
D.2. General review of the work will be done by a licensed professional, who will make
periodic reviews at the site of work as the construction of the project progresses.
D.3. Review and forward to the City a copy of each reviewed shop drawing, equipment
drawing, material specification, working, laboratory test report, shop and mill test report
submitted by the Contractor.
D.4. Note and Report to the City any observed deviations from the intent of the Plans
and Specifications, and recommend to the City any appropriate action to be taken by
the City.
D.5. Review and present to the City for payment the Contractor's periodic and final
estimates of work performed on the project.
D.6. Upon completion of the work, prepare a "punch list" of items of work, if any, to be
corrected by the Contractor.
D.7. Coordinate with the Contractor to correct any items of work required to complete
the project in substantial accordance with the intent of the Plans and Specifications.
D.8. Preparation of Record Drawings.
Krebs Engineering has submitted a proposal for these professional engineering services
for a not-to-exceed cost of Thirty Thousand Dollars ($30,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Page 203 of 253
Budget
004010-
59500
Water System
Improvement -
Distribution
$0.00 $30,000.00 ($30,000.00)
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 204 of 253
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves the selection by Mayor Sherry Sullivan for (RFQ
PS25-028) for Professional Engineering Services for 8" Water Main Replacement
Under Rock Creek Project to Krebs Engineering; and hereby authorizes Mayor
Sullivan to execute a contract with a not-to-exceed amount of $30,000.00.
DULY ADOPTED THIS 29TH DAY OF APRIL, 2025
_______________________________
Jack Burrell, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 205 of 253
1040 Stanton Road Suite A & B Daphne, AL 36526 P 205.987.7411 KrebsEng.com
BIRMINGHAM HUNTSVILLE MONTGOMERY NEWNAN
April 21, 2024
Mr. Daryl Morefield
City of Fairhope
555 South Section Street
Fairhope, AL 36532
Re: 8” Waternain Replacement Under Rock Creek – Proposal Letter
Krebs Project No. 25303
Dear Daryl:
Krebs Engineering, Inc. is pleased to present the proposal to the City of Fairhope (City) for
professional engineering services associated with the 8” Watermain Replacement Under Rock
Creek Project. The project will consist of the installation of a new 8-inch water main to replace
the existing 8-inch line, which is currently leaking. The new 10-inch DR 11, HDPE water main will
be installed by directional drilling from the north side of South Drive approximately 900 feet along
the east side of US Highway 98 to an exiting valve where the new line will be connected back to
the existing system. The scope of services is described in more detail below.
SCOPE OF SERVICES
A. Preliminary Services
1. Field reconnaissance
2. Discussions with appropriate entities having jurisdiction
3. Consultation with the City
4. Site survey
B. Engineering Design Services
1. Evaluate and develop construction documents for the following:
2. Installation of a 10-inch DR11, HDPE water main by directional drilling as described
above. Preparation of plans and specifications for viable installation options.
3. Preparation of estimates of probable construction cost.
4. Review of plans and specifications with the City.
5. Furnishing to agencies having jurisdiction the number of sets of plans and
specifications required for review purposes.
Page 206 of 253
Mr. Daryl Morefield
April 21, 2024
Page 2
6. Preparation of application for approval to construct the proposed improvements
from such agencies including the Alabama Department of Transportation.
7. Furnish deliverables to the City.
C. Bid Period Services
1. Email the "Advertisement for Bids" to those contractors engaged in the type of
construction work contemplated in order to maximize the development of
interest in the project.
2. Issue Plans and Specifications to those contractors requesting such Plans and
Specifications.
3. Furnish a representative for attendance at the pre-bid conference.
4. Furnish a representative for attendance at the opening of bids.
5. Tabulate, evaluate, and certify the bids received.
6. Evaluate bid pricing for all installation options and make recommendations to the
City.
7. Prepare construction contract documents for execution by the City and the
Contractor to whom the award is made.
8. Review all sets of executed documents for completeness of forms and required
attachments.
9. Furnish a representative for attendance at the pre-construction conference.
D. Construction Review Services
1. Provide the location of horizontal and vertical control (reference points and
benchmarks) for the Contractor to use in his layout of the work.
2. General review of the work will be done by a licensed professional, who will make
periodic reviews at the site of the work as the construction of the project
progresses. No full-time field representative will be provided.
3. Review and forward to the City a copy of each reviewed shop drawing, equipment
drawing, material specification, working, laboratory test report, shop and mill test
report submitted by the Contractor.
4. Note and report to the City any observed deviations from the intent of the Plans
and Specifications, and recommend to the City any appropriate action to be taken
by the City.
Page 207 of 253
Mr. Daryl Morefield
April 21, 2024
Page 3
5. Review and present to the City for payment the Contractor’s periodic and final
estimates of work performed on the project.
6. Upon completion of the work, prepare a "punch list" of items of work, if any, to
be corrected by the Contractor.
7. Coordinate with the Contractor to correct any items of work required to complete
the project in substantial accordance with the intent of the Plans and
Specifications.
8. Preparation of Record Drawings.
E. Deliverables
Krebs will provide the following deliverables to the City:
1. Periodic project status reports upon request by the City.
2. Two (2) hard copy full-size sets of plans and specifications.
3. One (1) complete electronic set of plans and specifications in PDF format.
4. One (1) certified bid tabulation.
5. One (1) recommendation letter regarding the award of the construction contract .
6. Three (3) sets of construction contract documents for execution .
7. One (1) “punch list” of items of work, if any, to be corrected by the Contractor.
8. One set of specifications complete with all addenda.
9. One (1) complete electronic set of record documents in PDF format.
F. Services Not Provided
1. Full time onsite Field Representative during the Construction Period.
2. Easement surveys and/or legal descriptions for the necessary easements.
3. Materials Testing services including, but not limited to: Mill, shop and laboratory
testing for metallurgical, chemical, and physical characteristics of materials,
coatings, welds, and manufactured/fabricated articles or equipment.
4. Miscellaneous Surveys/Assessments/Studies services include but are not limited
to, surveys/assessments/studies related to cultural or historical artifacts or
remains, endangered animal or vegetative species, wetland delineation or
identification, population or economic status, traffic volumes, environmental
conditions, or preparation of environmental impact statements.
Page 208 of 253
Mr. Daryl Morefield
April 21, 2024
Page 4
5. Construction materials testing including, but not limited to: concrete compressive
strength, compaction, etc.
6. Litigation services include but are not limited to: Preparation for or appearances
before courts or boards on litigation related to the work, except when related to
negligent errors and/or omissions by Krebs.
COMPENSATION
Time charge-based compensation will be computed using the Krebs Standard Hourly Billing
Rates/Charges (attached) in effect when services are rendered, plus direct job expenses and sub-
consultant expenses.
Fees determined based on time charges plus direct job expenses and sub-consultant expenses
will be paid to Krebs as compensation for Items A through E listed above.
The total of these time charges plus direct job expenses and sub-consultant expenses will not
exceed Thirty thousand dollars and no cents ($30,000.00).
If you have any questions regarding this proposal, please contact us. We appreciate the
opportunity to work with the City to complete this project.
Sincerely yours,
Krebs Engineering, Inc.
By____________________________
D. Robert Vaughan, P.E.
Associate
cc: Caleb Leach
Krebs File No. 25303
Page 209 of 253
Sherry Sullivan
Mayor
Council Members:
Kevin G. Boone
Jack Burrell, ACMO
Jimmy Conyers
Corey Martin
Jay Robinson
Lisa A. Hanks, MMC
City Clerk
Kimberly Creech
Treasurer
61 North Section St.
PO Box 429
Fairhope, AL 36533
251-928-2136 (p)
MEMO
To: Lisa Hanks, City Clerk
Kim Creech, Treasurer
From: ______________________________
Erin Wolfe, Purchasing Manager
Date: April 22, 2025
Re: RFQ PS25-028 Professional Engineering Services for 8” Water Main
Replacement Under Rock Creek
The Superintendent of Water/Wastewater, Daryl Morefield, is
requesting the hiring of a professional engineering firm for the 8” Water Main
Replacement under Rock Creek.
Per our Procedure for Procuring Professional Services, Daryl Morefield and I are
providing firms for the Mayor to select from for the work.
Please move this procurement of professional services forward to the Mayor for the
selection of a professional service provider.
The short list is:
_____________ ___________ Krebs Engineering
_____________ ___________ None. Submit another list
Cc: file, Daryl Morefield, Mayor Sherry Sullivan
Apr 22, 2025
Page 210 of 253
Memo to choose - Prof Engineer - Water Main
Rock Creek
Final Audit Report 2025-04-22
Created:2025-04-22
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAD4BzPlgFgFJR7ssEmwprAAtTOc74LTb7
"Memo to choose - Prof Engineer - Water Main Rock Creek" Hist
ory
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2025-04-22 - 1:07:11 PM GMT
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2025-04-22 - 1:08:11 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2025-04-22 - 1:10:15 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2025-04-22 - 1:10:28 PM GMT - Time Source: server
Agreement completed.
2025-04-22 - 1:10:28 PM GMT
Page 211 of 253
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Daryl Morefield Date: 4/21/2025
Department: Water
Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A
Greater than:
Gen Govt - $5,001
Utilities - $10,001
Operational NON-Budgeted Three Council Required Required
Gen Govt - $5,001-$30,000
Utilities - $10,001 - $30,000
Operational Budgeted Three Treasurer N/A N/A
Over $30,000 Operational Budget* State Bid List or
Buying Group
Treasurer/Mayor N/A N/A
Over $30,000/$100,000 Operational Budgeted Bids Council Required Required
Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
QUOTES
Vendor Name Vendor Quote
1. Krebs Engineering $ 30,000.00
2. Click or tap here to enter text. $
3. Click or tap here to enter text. $
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☐ Sole Source (Attach Sole Source Justification)
ITEM OR SERVICE INFORMATION
1. What item or service do you need to purchase? Engineering Srvc – Water main replacement under Rock Creek
2. What is the total cost of the item or service? 30,000.00
3. How many do you need? 1
4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): $30,000.00
6. Vendor Number: Krebs Engineering
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
BUDGET INFORMATION
1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount?
3. Budget code: Click or tap here to enter text.
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 212 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1463
FROM: Sherry Sullivan, Mayor
Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: Contract for Professional Services for closing costs and title
insurance on the Bible Way Holiness Land Purchase with Kopesky &
Britt, LLC with a cost not-to-exceed $10,000.00; and further
authorizes the Mayor to execute the purchase agreement for the
property and easement described herein with a purchase price of
$18,000.00 with credit for $1,000.00 already submitted.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
That the City Council hereby authorizes Mayor Sherry Sullivan to execute a contract for
Professional Services for closing costs and title insurance on the Bible Way Holiness
Land Purchase with Kopesky & Britt, LLC with a cost not-to-exceed $10,000.00; and
further authorizes the Mayor to execute the purchase agreement for the property and
easement described herein with a purchase price of $18,000.00 with credit for
$1,000.00 already submitted.
BACKGROUND INFORMATION:
Previous Council Action:
Resolution No. 4948-23 Adopted by Council December 11, 2023 authorized the
execution of a Temporary Construction Easement and Purchase Options between City
of Fairhope, Grantee, and Bible Way Holiness Church, Grantor, for and in consideration
of the sum of ONE THOUSAND DOLLARS ($1,000.00). Property for the Water
Department.
Check No. 158011 for $1,000.00 paid to Bible Way Holiness Church January 26, 2024.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004-16020 Water/WW - Land $0.00 $27,000.00 ($27,000.00)
Page 213 of 253
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 214 of 253
RESOLUTION NO. _____
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry
Sullivan to execute a contract for Professional Services for closing costs and title
insurance on the Bible Way Holiness Land Purchase with Kopesky & Britt, LLC with a
cost not-to-exceed $10,000.00; and further authorizes the Mayor to execute the purchase
agreement for the property and easement described herein with a purchase price of
$18,000.00 with credit for $1,000.00 already submitted.
DULY ADOPTED THIS 29TH DAY OF APRIL, 2025
________________________________
Jack Burrell, Council President
Attest:
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 215 of 253
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Page 224 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1436
FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS
SUBJECT: Amend Resolution No. 5298-24 to add the following to II.
Reservations, Section 5. b. “Groups that have held annual events
and have consistently rented the auditorium for at least ten
consecutive years are granted the privilege to reserve the venue with
the same end time as in previous years.”
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
That the City Council hereby amends Resolution No. 5298-24 to add the following to II.
Reservations, Section 5. b. “Groups that have held annual events and have consistently
rented the auditorium for at least ten consecutive years are granted the privilege to
reserve the venue with the same end time as in previous years.”
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Page 225 of 253
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 226 of 253
RESOLUTION NO. _____
A RESOLUTION AMENDING RESOLUTION NO. 5298-24;
SPECIFICALLY II. RESERVATIONS: 5. b.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF FAIRHOPE, ALABAMA, That the City Council hereby amends Resolution No.
5298-24 to add the following to II. Reservations, Section 5. b. “Groups that have
held annual events and have consistently rented the auditorium for at least ten
consecutive years are granted the privilege to reserve the venue with the same end time
as in previous years.”
5.b. Rentals at the Fairhope Municipal Complex will not be permitted after
12:00 a.m. Event breakdown and clean-up (at minimum) should start at
least one hour prior to the 12:00 a.m. closing time. Cleanup and
equipment/decoration removal should be properly estimated and planned
before renting the facility. Mardi Gras and City sponsored events are
excluded from this policy. Groups that have held annual events and have
consistently rented the auditorium for at least ten consecutive years are
granted the privilege to reserve the venue with the same end time as in
previous years.
The balance of Section 5. remains as written and adopted.
ADOPTED THIS 29TH DAY OF APRIL, 2025
_____________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 227 of 253
RESOLUTION NO. 5298-24
A RESOLUTION REPEALING AND REPLACING RESOLUTION NO. 3039-18
SETTING FORTH THE RULES AND REGULATIONS FOR THE
OPERATION OF THE FAIRHOPE MUNICIPAL CIVIC CENTER COMPLEX
LOCATED AT 161 N. SECTION STREET, FAIRHOPE, ALABAMA
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
2.
I.The facilities located in the Municipal Civic Center Complex, namely the Main Auditorium, the
Lobby, the Council Chambers (Municipal Court), Delchamps Suites, and the Kitchen will be
regulated as outlined herein.
II.RESERVATIONS
a.Reservations shall be on a first come, first served basis, except for Governmental
functions which shall take precedence over all other functions and may necessitate the
cancellation or postponement of an event.
b.Persons or groups wishing to reserve one or more of the facilities must complete, date,
and sign an Application for Use of Fairhope Civic Center form, Cancellation Policy.
Indemnity/Hold Harmless Agreement. agree to Resolution No . 5298-24, and pay the
required rental deposit in order for the reservation to be entered on the Activities
Calendar located at the Fairhope Civic Center. No reservations will be confirmed or
booked until the deposit is paid.
c.Persons or groups using one or more of the facilities must also obtain a Special Event
Insurance Policy naming the City of Fairhope as additional insured for any event open
to the public, where tickets are sold, and/or alcohol is on the premises.
1.A mandatory Certificate of Liability Insurance policy showing the minimum
requirements must be provided to and accepted by the City, at least seven days prior to
the submitted rental date. The insurance policy naming the City of Fairhope as
additional insured for any event open to the public or where tickets/money/
donations are exchanged.
Special Event Insurance Policy coverage and minimums:
Commercial General Liability
Coverage on an Occurrence from with a combined single limit of (Bodily
Injury and Property Damage combined as follows:
Each occurrence
Personal and Advertising Injury
Products/Completed Operation Aggregate
General Aggregate
$1,000,000
$1,000,000
$2,000,000
$2,000,000
Page 228 of 253
Resolution No. 5298-24
Page -2-
3. Coverages to include :
Premises and operations
Personal injury and Advertising Injury
Product s/completed operations.
Independent Contractors
Blanket Contractual Liability
Broad Form Property Damage
d. Cancellations or date changes must be in writing and signed by the application holder
and must be given to and accepted by the Facilities Management office at the Fairhope
Civic Center not less than sixty (60) days prior to the event for any refund to be given.
Fee refunds will be made by check, less a 20% handling charge. No refunds will be
made for cancellations made within (60) days of the event.
e. Groups that have events that occur annually and have rented the auditorium for at least
five consecutive years shall have the right for advance booking provided that the City
receives a completed application(s) and deposit(s) paid at least four months prior to the
requested dates.
4 . Groups may use the complex facilities for meetings, conventions, dinners, etc.,
but will not be permitted use the facility on a regular weekly basis.
5. Rental and hourly rates shall be charged consecutively, per day.,_as follows:
Auditorium $585.00 for residents (who live inside the City Limits) and
$700.00 for non-residents Monday -Friday 8:00a.m. -5:00p.m.
$585.00 (residents) and $700.00 (non-residents) + $50.00 per hour
after 5:00p.m. and anytime during the weekend.
Lobby
Council Chambers
Delchamps Room 1
Delchamps Room 2
$175.00
$150.00
$150.00
$100.00
a . An hourly rate of $50.00 per hour will be charged for each
consecutive hour of use after 5:00 p.m. on weekdays and anytime
on the weekends from the time the first person arrives until the last
person leaves. This hourly charge will be $125.00 per hour on
recognized City holidays.
b. Rentals at the Fairhope Municipal Complex will not be permitted after
12:00 a.m . Event breakdown and clean-up (at minimum) should start at
least one hour prior to the 12:00 a.m . closing time. Cleanup and
equipment/decoration removal shou ld be properly estimated and
planned before renting the facility. Mardi Gras and City sponsored
events are excluded from this policy.
Page 229 of 253
Resolution No. 5298-24
Page -3-
6. The Main Auditorium rental fee includes tables , chairs, and a one-time set-up .
An extra setup fee of $150.00 will be applied for any changes to the event set
up, before or during an event. Only Civic Center employees are allowed to
move or reset Civic Center property.
7. Other Equipment and Incidental Fees
a. Commercial Kitchen
Stage Runway with lights and stairs
Dressing Rooms -Stage L/R
$150.00
$200.00
$75.00 per room
Projector and Screen (stage broadcast) $75.00
Scissor Lift
Portable Bar
Mandatory Cleaning Fee
Stanchions and Coat Racks
Parking Lot Tent Permit Fee
A/V Package -Set-/test sound lights
of podium/microphone, sound mixer,
clear-com headsets, CD player, stage
lights and light board, stage monitors ,
up to five microphones.
$100.00 per hour
$75.00
$200.00 mm. fee /$50.00 per hour in
excess of 4 hours
$50.00 per (5) units
$125 .00 per tent
$200.00
8. The Fairhope Public Schools and Thomas Hospital may use the Fairhope Civic
Center provided it has not been booked. See Resolution No. 4871-23 or
Resolution adopted for the present fiscal year and Ordinance No . 1486 .
9. The City of Fairhope, its departments and agencies, and City sponsored
functions shall be exempt from rental fees provided the functions will improve
the skills, finances, or betterment of the sponsoring department or portray the
City of Fairhope in the best light for the good and benefit of the citizens of
Fairhope . This does not relieve the said departments from clean-up and security
responsibilities .
III. RULES AND REGULA TIO NS
1. The number of Auditorium seats is to be given at the time of booking. Maximum
seating and/or crowd capacity will be as per the Fire Code. Fire and exit lanes will
always be open. Chairs will not be disconnected and moved into aisles .
2. Access to the building must be arranged with Facilities Management.
3. Persons or groups renting the Fairhope Civic Center shall have priority of the parking
spaces during normal operating hours with exception of the spaces required by City
Hall and the University of South Alabama College of Nursing.
Page 230 of 253
Resolution No . 5298-24
Page -4-
4 . Law Enforcement Personnel must be scheduled through the Fairhope Police
Department and be present during the entire event. Events requiring Law Enforcement
Personnel include any event where alcohol is present or any function at which security
is deemed necessary by the City of Fairhope .
5. Facilities Management will be the final authority regarding decorations:
a . Decorations must be placed on the day of the event. No equipment or materials
will be allowed to be placed prior to the day and time of use unless approved by
Facilities Management.
b. No painting will be permitted inside or outside the facility .
c . All decorations are to be free-standing or approved by Facilities Management.
No nails, tacks, brackets, or self-adhesive tape will be allowed on or in the
walls , ceilings, floors , windows, or any material that will deface, mark, or cause
damage.
d. No shaving cream, toilet paper, silly string, rice , birdseed, sparklers, glitter,
confetti (including decorative jewels), or the like will be thrown or used for
decoration inside or outside the facility . Wedding sendoff items/throws must be
approved by Facilities Management. All candles must be self-contained, battery
candles preferred . If any of these are found on the floor , there will be additional
clean-up/damage fees.
e. All decorations, personal equipment , supplies , and other materials must be
removed following an event before the renter leaves the premises. Decorations
that are to be shared with other groups may be left in place, ONLY if prior
arrangements are made with and APPROVED by Facilities Management.
6. In order to maintain health standards as required by state and county regulations , all
users of the kitchen must comply with Alabama Department of Health guidelines .
a. The kitchen, along with its appliances and equipment, will be used only in
conjunction with the rental of the Auditorium or by City Personnel.
b. Alcohol must be served by a bartender or caterer . If a cash bar is used, alcohol
is sold, renter/caterer must show proof of proper ABC licensure .
c. The renter must use a licensed catering service , with a current business license
and health permit, for the event. The renter and/or caterer serving food/drink
will furnish pots, pans , trays , plates , saucers , cups serving dishes , glasses , and
silverware all of which will be washed before use .
d. All equipment, including utility carts, coffee , and tea urns , will be cleaned after
use .
Page 231 of 253
Resolution No . 5298-24
Page -5-
e . All appliances including stoves, ovens, microwaves, refrigerators, sinks, work
areas, utility carts, and slicing equipment will be cleaned after use.
f. Grease shall be disposed of properly by the renter or caterer .
g. It is the responsibility of the renter to inform the caterer and other vendors of
the rules and regulations. The caterer and/or renter are responsible for ensuring
that the kitchen is clean and sanitized. Facilities Management can provide a
detailed list of responsibilities .
7. No food or drink will be allowed in the Sound Room or the Council Chambers.
8. Garbage and Debris :
a . All loose debris , including cups , plates, and napkins must be removed from
tables and the floor swept of debris.
b. All garbage and debris will be removed from the building by the renter as
needed during and at the close of the function .
c. All garbage bags must be tied and placed in the garbage containers
provided, behind the kitchen area, outside of the facility.
d. The city will not clean up debris left by a decorating group. All debris is to be
hauled off by the renter.
9. Permission from Facilities Management will be required for any person or group to
bring into the building and use an appliance with special power requirements or
cooking apparatus other than that provided by the Civic Center.
10. Stage light settings will be accomplished by auditorium users, and, when function is
over, stage lights must be reset for general use. All step ladders will be returned to
the original storage place after use, or the renter will be assessed extra fees.
11. The only persons allowed in the sound equipment room upstairs will be the persons in
charge of the activity and persons required to operate sound and light systems .
12. The piano will remain on stage at all times. Nothing will be placed or stored in or on
this instrument.
13. If children are present during the function, they must be supervised at all times. Any
damaged or broken items will be the renter's financial responsibility as determined by
the City of Fairhope.
14. All personal equipment , supplies , decorations, and other materials will be
removed at the close of the activity.
Page 232 of 253
Resolution No. 5298-24
Page -6-
15. No City property or inventory items, such as chairs, tables, podiums, movie projectors,
screens, kitchen utensils, pots, pans, silverware, dishes, etc. will be loaned or permitted
to be removed from the premises under any condition.
16. All groups and organizations are responsible for their own clean-up of the kitchen,
decorations, garbage, and debris. Anything brought in by the renter and/or caterer must
be removed by the renter and/or caterer. It is the responsibility of the renter to ensure
that the Rules and Regulations are adhered to . Facilities Management will review the
clean-up schedule prior to the function and will conduct an inspection after the function
to assess whether additional clean-up fees will be charged. An additional clean-up fee at
the rate of $50 .00 per hour will be charged for any time and/or required personnel
necessary to complete the responsibilities of the renter.
17 . Additional fees will be charged for any damaged or missing items which include , but
are not limited to, any broken or missing items from the facility, and carpet and/or tile
restoration (e.g., dragging coolers and other heavy equipment across the floors.
18. The Fairhope Municipal Civic Center Complex is a smoke-free facility. In compliance
with City Ordinance No. 1311, "smoking is prohibited within· a reasonable distance
often (10) feet outside an enclosed area where smoking is prohibited, so as to ensure
that tobacco smoke does not enter the area through entrances, windows, ventilation
systems or other means." No smoking, use of other tobacco products, e-cigarettes,
vaping, or other forms of smokeless tobacco are permitted in City facilities. It is the
renter's responsibility to ensure that all of those present at the function are made aware
of and adhere to this Ordinance.
19. All rentals and events shall not violate any Federal, State or Local law, including but
not limited to the Code of Alabama, Section 13A-6-68 and Section 13A-12-130.
The City Council reserves the right to amend, delete, adjust, or waive any and all stipulations set out
herein.
ADOPTED THIS 19TH DAY OF DECEMBER, 2024
Attest:
Page 233 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1437
FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS
SUBJECT: Repeals and Replaces Resolution No. 1409-07 setting forth the
Rules and Regulations for the Operation of the James P. Nix Center
Complex located at One Bayou Drive, Fairhope, Alabama.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
That the City Council hereby Repeals and Replaces Resolution No. 1409-07 setting
forth the Rules and Regulations for the Operation of the James P. Nix Center Complex
located at One Bayou Drive, Fairhope, Alabama.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 234 of 253
RESOLUTION NO. ______
A RESOLUTION REPEALING AND REPLACING RESOLUTION NO. 1409-07
SETTING FORTH THE RULES AND REGULATIONS FOR THE OPERATION OF
THE JAMES P. NIX CENTER COMPLEX LOCATED AT ONE BAYOU DRIVE,
FAIRHOPE, ALABAMA.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
I. The James P. Nix Center members will have priority use of the Center. The Ballroom
and the Doris Chennell Cardroom may be rented to individuals or groups when available.
II. RESERVATIONS
A. Reservations shall be on a first come, first served basis, except for Governmental
functions which shall take precedence over all other functions and may
necessitate the cancellation or postponement of an event.
B. Persons or groups wishing to reserve the Ballroom or Cardroom must complete,
date, and sign the Application for Use of Activity Center Form, Cancellation
Policy, Indemnity/Hold Harmless Agreement, Rental Rates and Rules Form, and
pay the required rental fee in order to reserve the James P. Nix Center Ballroom
or Doris Chennell Cardroom. No reservations will be confirmed until the rental
fee is paid in full.
C. Cancellations or date changes must be in writing and signed by the application
holder and must be given to the Rental Coordinator or Manager at the James P.
Nix Center not less than sixty (60) days prior to the event for any refund to be
given. Fee refunds will be made by check, less a 20% handling charge. No
refunds will be made for cancellations made within sixty (60) days of the event.
D. Groups that have events that occur annually and have rented the ballroom for at
least five (5) consecutive years shall have the right for advance booking provided
that the James P. Nix Center receives the completed application(s) and payment(s)
in full at least four (4) months prior to the requested dates.
E. The James P. Nix Center may not be rented on a weekly basis.
F. Rental rates shall be as follows:
1. The Ballroom is $1,250.00 per eight (8) hour day Fairhope Resident Rate and
$1,750.00 per eight (8) hour day Fairhope Non-Resident Rate.
Page 235 of 253
29 April 2025
Resolution No.
Page 2
2. Rentals on recognized city holidays will be charged an additional $600.00.
3. An additional (2) two hours, over and above the already included (8) eight
hours, may be purchased for $100.00 ($250.00 on recognized city holidays).
4. Audio/visual equipment is also available upon request, for an additional
$100.00 fee.
5. The Doris Chennell Cardroom may be rented on weeknights for meetings for
$500.00 Fairhope Resident Rate and $750.00 Non-Resident Rate for four (4)
consecutive hours of use after 5:00pm.
G. Rentals at the James P. Nix Center will not be permitted after 12:00 a.m. Event
breakdown and clean-up (at minimum) should start at least one hour prior to the
12:00 a.m. closing time.
H. The rental fee for the ballroom includes tables, chairs, one-time set-up, and
commercial kitchen. The furniture, tables and chairs in the Doris Chennell
Cardroom may not be moved.
I. The Fairhope Public Schools and Thomas Hospital may use the James P. Nix
Center provided it is available. See Resolution No. 4871-23 or Resolution
adopted for the present fiscal year and Ordinance No. 1486.
J. The City of Fairhope, its departments and agencies, and city sponsored functions
shall be exempt from rental fees provided the functions will improve the skills,
finances, or betterment of the sponsoring department or portray the City of
Fairhope in the best light for the good and benefit of the citizens of Fairhope.
This does not relieve the said departments from clean-up, cleaning fees, security
responsibilities or any of the Rules & Regulations set forth in this Resolution.
III. RULES AND REGULATIONS
A. The number of Ballroom seating is to be given at the time of booking. Maximum
seating and/or crowd capacity will be as per the Fire Code and event layout. Fire
and exit lanes will be open at all times.
B. Members and guests of the James P. Nix Center shall have priority of parking
spaces during normal operating hours.
Page 236 of 253
29 April 2025
Resolution No.
Page 3
C. Law Enforcement Personnel must be scheduled through the Fairhope Police
Department and must be present during the entire event. Events requiring Law
Enforcement Personnel include any event where alcohol is present, or any
function at which security is deemed necessary by the City of Fairhope.
D. Alcohol must be served by a bartender or caterer. If a cash bar is used, alcohol is
sold, or alcohol is provided at a ticketed event, renter/caterer must show proof of
proper ABC licensure.
E. The Rental Coordinator or Manager will be the final authority regarding
decorations.
1. The James P. Nix Center does not provide cloth linens. However, paper
tablecloths may be available for a fee.
2. Decorations must be placed on the day of the event. No equipment or
materials will be placed in the Ballroom or in the Doris Chennell Cardroom
prior to the day and time of use unless approved by the Rental Coordinator or
Manager.
3. No painting will be permitted inside or outside the facility.
4. All decorations are to be free-standing or approved by the Rental Coordinator
or Manager. No nails, tacks, brackets or self-adhesive tape will be allowed on
or in the walls, ceilings, floors, windows or any material that will deface, mar,
or cause damage. No inflatables allowed.
5. No shaving cream, toilet paper, silly string, rice, birdseed, sparklers, glitter,
confetti (including decorative jewels), or the like will be thrown or used for
decoration inside or outside the facility. Wedding sendoff items/throws must
be approved by Rental Coordinator or Manager. All candles must be self-
contained, battery candles preferred. If any of these are found on the floor,
there will be additional clean-up/damage fees.
6. All decorations, personal equipment, supplies, and other materials must be
removed following an event before the renter leaves the premises.
F. In order to maintain health standards as required by state and county regulations,
all users of the kitchen must comply with Alabama Department of Health
guidelines.
Page 237 of 253
29 April 2025
Resolution No.
Page 4
1. The kitchen, along with its appliances and equipment, will be used only by
City Personnel or in conjunction with the rental of the Ballroom or the Doris
Chennell Cardroom.
2. The renter must use a licensed catering service, with a current business license
and health permit, for the event. The renter and/or caterer serving food/drink
will furnish pots, pans, trays, plates, saucers, cups, serving dishes, glasses, and
silverware all of which will be washed before use.
3. Grease shall be disposed of properly by renter or caterer.
4. It is the responsibility of the renter to inform the caterer and other vendors of
the rules and regulations. The caterer and/or renter are responsible for
ensuring that the kitchen is clean and sanitized. The Rental Coordinator or
Manager can provide a detailed list of responsibilities.
G. All garbage will be removed from the building by the renter as needed during, and
at the close of the function before leaving the premises. Debris must be removed
from the premises by the renter.
H. Permission from the Rental Coordinator or Manager will be required for any
person or group using appliances with special power requirements and/or cooking
apparatus other than that provided by the Nix Center.
I. The piano will remain in the Ballroom at all times. Nothing will be placed or
stored in or on this instrument.
J. If children are present during the function, they must be supervised at all times.
Any damaged or broken items will be the renter’s financial responsibility as
determined by the City of Fairhope.
K. All groups and organizations are responsible for their own clean-up of the
kitchen, decorations, garbage, and debris. Anything brought in by the renter
and/or caterer must be removed by the renter and/or caterer. It is the
responsibility of the renter to ensure that the Rules and Regulations are adhered
to. The Rental Coordinator or Manager will review the clean-up schedule prior to
the function and will conduct an inspection after the function to assess whether or
not additional clean-up fees will be charged. An additional clean-up fee at the
rate of $50.00 per hour will be charged for any time and/or required personnel
necessary to complete the responsibilities of the renter.
Page 238 of 253
29 April 2025
Resolution No.
Page 5
L. Additional fees will be charged for any damaged or missing items which include,
but are not limited to, any broken or missing items from the facility, and carpet
and/or tile restoration (e.g. dragging coolers and other heavy equipment across the
floors).
M. The James P. Nix Center is a smoke-free facility. In compliance with City
Ordinance No. 1311, “smoking is prohibited within a reasonable distance often
(10) feet outside an enclosed area where smoking is prohibited, so as to ensure
that tobacco smoke does not enter the area through entrances, windows,
ventilation systems or other means.” No smoking, use of other tobacco products,
e-cigarettes, vaping, or other forms of smokeless tobacco are permitted in City
facilities. The area around the fountain outside the main entrance is a designated
smoking area. It is the renter’s responsibility to ensure that all of those present
at the function are made aware of and adhere to this Ordinance.
N. The James P. Nix Center rentals and events shall not violate any Federal, State or
Local law, including but not limited to the Code of Alabama, Section 13A-6-68
and Section 13A-12-130. The City of Fairhope reserves the right to deny to rent to
any individual, group or organization which may pose a threat to public safety.
O. Any group or individual using the James P. Nix Center must also obtain a Special
Event Insurance Policy naming the City of Fairhope as additional insured for any
event open to the public or tickets/money/donations exchanged; i.e. alcohol being
sold or included in ticket.
Commercial General Liability
Coverage on an Occurrence from with a combined single limit of (Bodily Injury
and Property Damage combined as follows:
Each occurrence $1,000,000
Personal and Advertising Injury $1,000,000
Products/Completed Operation Aggregate $2,000,000
General Aggregate $2,000,000
Coverage to include:
Premises and operations
Personal injury and Advertising Injury
Products/completed operations
Independent Contractors
Blanket Contractual Liability
Broad Form Property Damage
Page 239 of 253
29 April 2025
Resolution No.
Page 6
Certificates of Insurance
A Certificate of Insurance evidencing the above minimum requirements must be
provided to and accepted by the City, naming the City of Fairhope as additional
insured for any event open to the public or tickets/money/donations exchanged:
James P. Nix Center.
The Council reserves the right to amend, delete, adjust, or waive any and all stipulations set out
herein.
Adopted on this 29th day of April, 2025
_________________________________
Jack Burrell, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 240 of 253
Page 241 of 253
Page 242 of 253
Page 243 of 253
Page 244 of 253
Page 245 of 253
Page 246 of 253
Page 247 of 253
INSURANCE REQUIREMENTS
Any group or individual using a public park must sign an indemnity and hold harmless agreement. And,
any group or individual using a public park must also obtain a Special Event Insurance Policy naming the
City of Fairhope as additional insured for any event open to the public or tickets/money/donations
exchanged.
Any group or individual using a City street and/or sidewalk must sign an indemnity and hold harmless
agreement. And, any group or individual using a City street and/or sidewalk must also obtain a Special
Event Insurance Policy naming the City of Fairhope as additional insured for any event open to the public
or tickets/money/donations exchanged.
Commercial General Liability
Coverage on an Occurrence from with a combined single limit of (Bodily Injury and Property
Damage combined as follows:
Each occurrence $1,000,000
Personal and Advertising Injury $1,000,000
Products/Completed Operation Aggregate $2,000,000
General Aggregate $2,000,000
Coverage to include:
Premises and operations
Personal injury and Advertising Injury
Products/completed operations
Independent Contractors
Blanket Contractual Liability
Broad Form Property Damage
Certificates of Insurance
A Certificate of Insurance evidencing the above minimum requirements must be provided to and accepted
by the City, naming the City of Fairhope as additional insured for any event open to the public or
tickets/money/donations exchanged: public park, City street and/or sidewalk.
Page 248 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1448
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Application for Beer/Wine On/Off Premises License by John S.
MacArthur, Fairhope Hemp LLC, d/b/a Johnny Macs, 505 Fairhope,
Alabama 36532.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
Council Approval
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 249 of 253
CITY OF FAIRHOPE
P.O. DRAWER 429
FAIRHOPE, AL 36533
251/928•2136
Revised 09/2013
ALCOHOLIC BEVERAGE LICENSE APPPLICATION
PLEASE PRINT
We hereby apply for a license to sell Alcoho lic Beverages in the City of Fairhope or its Police Jurisdiction .
We agree to abide by all applicable Ordinances of the City, or any amendments to same, and to promptly
furn ish all reports required by the City.
APPLICANT'S NAME -~ c, kl/\ ) '-1#\. Ac Ar±~ u( SSN# _____ _
AGc _DATE OF BJRTH. __ ---=-__ .PLACE OF BIRTH \:v-1 Q ~en
MArUNG ADDRESS ; / (J tie \. "" ( ~
HOME#)_ S--l .. S-{'f , ~ J.8 \ WORK# ~( --6
CELL# 5 v't. 4_ FAX#
RESIDENCE ADDRESS 6~ l ~ ]ct~.s-lo--L,.-,-~--c-q-N.----£---<--}--+(\-:r;-e.-
NO .YEARS AT PRESENT ADDRESS . N /S-
PREVIOUS ADDRESS -=----1,.-...;;;;....__,.______----::.,,..--l,..._._...__,~--=----....:.--'--'--~it------
llc_
HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE__:~'---~---
IF SO , WHERE. ________ UNDER WHAT NAME ____ --,-____ _
HAS APPLICANT EVER BEEN ARRESTE □¥1F SO , WHERE_X3 ..... ti:~}.:....l-=.L.:....\-c.-___ _
WHEN ).µ)C WHAT WAS CHARGE._--4,(?..:......::::c)_~...:+4::_._ _______ _
DISPOSITION _______________________ _
LIST THREE REFERENCES :
NAME ADDRESS PHONE NUMBER
)__t I --6 q -6 u ,
, ~S-( --+ ~t , ll 3
:-·-:z~l -Yt l-) L l 4
Page 250 of 253
City of Fairhope
Alcoholic Beverage
License Application
Page -2-
PLEASE SELECT TYPE OF LICENSE APPL YING FOR:
Revised 09/2013
___ 011 -PACKAGE STORE LICENSE -Allows sale of liquor, wine , or beer at Retail , TO GO
only . No one under age 21 allowed on premises . A liquor tax of 10% City Limits or 5% Police Jurisdiction is
due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee .
010-LOUNGE LIQUOR LICENSE -Allows sale of liquor , wine , or beer for on and off
consumption. No one under age 21 allowed on the premises . A liquor tal< of 10% City Limits or 5% Police
Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the
licensee .
031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC
---Board 's "club" regulations . A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each
month on the purchase price paid for all liquor for use or resale by the licensee .
___ 020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises
consumption only and 51% of gross receipts must come from the sale of food. A liquor tax of 10% City
limits or 5% Police Jurisdiction is due the 1 Qth of each month on the purchase price paid for all liquor for use
or resale by the licensee .
140 -SPECIAL EVENTS LICENSE
160 -SPECIAL RETAIL LICENSE -More than 30 days
/_ 040. BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only , on and off consumption .
050 -BEER OFF-PREMISES LICENSE -Allows sale of Beer Only, TO GO only .
pt(_ 060 -WINE ON/OFF PREMISES LICENSE-Allows sale of Wine Only, on and off consumption .
070 -WINE OFF-PREMISES LICENSE -Allows sale of Wine Only , TO GO, only .
100 -WINE WHOLESALER LICENSE
210 -WINE IMPORTER LICENSE
200 -WINE MANUFACTURER LICENSE
240 -NON -PROFITT AX EXEMPT LICENSE
I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
\\ ~--Y-{o-:J--~-
Sl~LL NAME) DATE
NOT APPROVED
B Y COUNCIL _____ DATE __ _
City Clerk
APPROVED
APPROVED BY COUNCIL _____ DATE __ _
City Clerk
... The Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the
business for the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and
State background check before issuing the License .
Page 251 of 253
\ INCORPORATION MEMBERS
J t?>tiA ) l ~M Jx ( £ u r ,dlb1a1_~=--G---'-'--"-~~e,l5 Applicant:
The following persons have a proprietary of profit interest in this business: (not ne
corporations whose stock is traded on a recognized stock exchange)
Name J" b s l JM ~cit, 4 u r Social Security Number
Date of Birth_~_ . Age ____ P!ace of Birth V<-:h e.J c.V"'\. 8 ....
Mailing Address 5 05": £ 1 I ¼, (C. /4v~ -~~I ~v /21' 4{-?Ls-3L
Position with the Business _ ___.[_:,.c..-fJ-=-_1-\,""-e=--_f _________________ _
State Al c
Nam e _______________ SociaJ Security Number ________ _
Date of Birth __________ Age~ ____ Place of Birth _________ _
Mailing Address ___________________________ _
Posit ion with the Business -------------------------
Telephone Number ________ ~Driver License Number _____ State ___ _
Name _______________ Social Security Number ________ _
Date ofBirth. __________ Age ____ ....:Place of Birth _________ _
Mailing Address ___________________________ _
Position with the Business -------------------------
Telephone Number Driver License Number State --------------------
Name _______________ Social Security Number ________ _
Date ofBirth __________ Age. ____ Plac e of Birth _________ _
Mail ing Address ____________________________ _
Pos ition wi th t he Bu s in ess -------------------------
Telep hone N umb e r Driver Lice nse Num be r S ta t e --------------------
Page 252 of 253
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2025-1438
FROM: Marcus McDowell, City Attorney
SUBJECT: Executive Session - To discuss pending litigation and the legal
ramifications of and legal options for potential litigation.
AGENDA
DATE:
April 29, 2025
RECOMMENDED ACTION:
That the City Council approves Executive Session - To discuss pending litigation and
the legal ramifications of and legal options for potential litigation.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 253 of 253