HomeMy WebLinkAbout04-29-2025 City Council MinutesSTATE OF ALABAMA
COUNTY OF BALDWIN
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The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Thursday, 29 April 2025.
10862
Present were Council President Jack Burrell, Councilmembers: Corey Martin,
Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City
Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Burrell called the meeting to
order at 6:08 p.m. The invocation was given by Pastor Betty Massey of Fairhope
Christian Church and the Pledge of Allegiance was recited.
Council President announced that Agenda Items No. I 2, and No. 13 were
being pulled from the Agenda at the request of the Gas Superintendent and Mayor
Sullivan.
Councilmember Robinson moved to approve minutes of the 14 April 2025,
regular meeting; and minutes of the 14 April 2025, work session. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
Mayor Sullivan addressed the City Council regarding the following items:
1)May 4, 2025 through May 10, 2025 is National Correction Officers Week; and
presented Chief Hollinghead and Fairhope Correction Officers a proclamation.
2)John Woods presented the Mayor and Councilmembers a signed copy of a book
titled "the Legacy of Fairhope's Visionary Mayor James P. Nix." This was the
autobiography of Jim Nix.
3)Eastern Shore Repertory Theatre with be presenting Theatre on the Bluff
featuring the classic "Grease."
4)First Friday Art Walk will be May 2, 2025.
The following individual spoke during Public Participation for Agenda Items:
1)Don DeGutz, 110 Blakeney Avenue, addressed the City Council regarding
Agenda Item No. 7: a lease with Baldwin County Community and Economic
Development Foundation, Inc. for part of the K-1 Center. He questioned the land
for parking and the hardware store. Council President Burrell mentioned their
grant would pay the rent.
Councilmember Martin mentioned the Fairhope Volunteer Fire Department
getting education and training: and getting bum building training.
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29 April 2025
Councilmember Conyers asked the audience to be polite and courteous when
addressing the City Council during Public Participation regarding the Fairhope Public
Library.
Councilmember Robinson said there are opinions on both sides; and asked,
"Who wants keeping sexually explicit books and/or material from the Teen Section?"
He then asked, "Who doesn't want keeping sexua11y explicit books from the Teen
Section?" He said the definition of sexually explicit comes from the State.
Councilmember Boone announced the play of the bluff begins tomorrow
night.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253. Councilmember Martin introduced in writing an
ordinance to amend the property of Robert and Renee Taylor and FST Blue Island
Owners Association, the Planned Unit Development known as Hermitage Court. The
property is approximately 0.36 acres and is located at 620 Hermitage Court. PPIN
#226 992. The Planning Commission gave a favorable recommendation of this
ordinance. Council President Burrell read the proposed ordinance.
Planning Director Hunter Simmons briefly explained the proposed ordinance.
Council President Burrell opened the Public Hearing at 6:29 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:29 p.m.
Due to lack of a motion for immediate consideration, this ordinance wi11 layover until
the May 12, 2025 City Council meeting.
Councilmember Robinson moved for final adoption of Ordinance No. 1832,
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. 25-0 15), Beverage Vending and Concession Annual Contract -Three Years.
(Introduced at the City Council Meeting on April 14, 2025). Seconded by
Councilmember Martin, motion for final adoption passed by the fo11owing v01ce
votes: AYE� BUITe11, Martin, Conyers, Robinson, and Boone. NAY -None.
Councilmember Robinson introduced in writing 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 (1 5) year
tenn for the minimum yearly rent of S 1.00 payable as specified in lease.
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29 April 2025
Mayor Sullivan said the rent is $1.00 per year, but the $2.0 million from Baldwin
County Community and Economic Development Alliance is a significant investment.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the May 12, 2025 City Council meeting.
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a 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. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
RE SOLUTION NO. 5430-25
\VHEREAS, 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,
\VHEREAS, 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.
NO\V, 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
Attest:
� City Clerk
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29 April 2025
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution to 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. Seconded by Councilmember
Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 5431-25
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: (I) John Bartels, 506 N. Mobile Street
ProYisional Ballot Officer: (1) John Bartels, 506 N. Mobile Street
(2)Rebecca "Becky" Brown, 667 Fairhope Avenue
Registration &
Voters List Clerks: (I)Margie Gewirtz, 70 Paddock Drive
(2)Helen Allison, 21950 Country Woods Drive
(3)Mike Goodson, I 02 Pebble Court
(4 )Nelda Goodson, I 02 Pebble Court
(5)Donna Bass, 528 Bartlett Avenue
(6)Brenda Callicutt, 9 Canebreak Place
(7)Terri Zechiel, 301 Lake Ridge DriYe
(8)Kristina Potter, 554 N. Section Street
(9)Jessica Walker, I 07 Willow Lake Drive
Ballot Issue Clerks: (I)Marilyn Witte, 114 Cotswold Court
(2)Diann Carithers, 476 Boulder Creek A\'enue
(3)Gregory Carithers, 476 Boulder Creek Avenue
(4)Diane Foote, 21 0 Heather Lane
(5)Richard Foote, 210 Heather Lane
lnacti,·e List (I)Cindy Cazalas, 404 Patlynn DriYe
29 April 2025
Express Vote Attendant:
(For Handicap)
Machine Attendants: (])
(2)
(3)
(4)
(5)
Absentee Machine Clerks: ( 1)
(2)
Anthony Gasbarro, 322 Clubhouse Drive
Robert "Bob" Bass, 528 Bartlett Avenue
James "Dale" Vines, 20645 Lowry Drive
Nathan "Judd" Gillespie, 512 Patlynn Drive
Carl Couret, 208 Fig AYenue
Linda Schwemin, 122 North Drive
Carol Stapleton, 9814 A State Highway 181
Wes Stapleton, 9814 A State Highway 181
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BE IT FURTHER RESOLYED, 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
Attest:
City Clerk
Councilmember Conyers 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 Mott MacDonald Alabama, LLC for Professional
Engineering Design Services for Alabama Transportation Rehabilitation and
Improvement-II Program (A-TRIP 11) Intersection Improvements at US98 and
Volanta Av enue (RFQ PS25-026) with a not-to-exceed amount of $203,988 .00.
Authorize Treasurer to transfer $ I 89,678.73 from General Fund to Capital Projects
fund. Seconded by Councilmember Robinson, motion passed unanimously by voice
vote.
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29 April 2025
RESOLUTION NO. 5432-25
BE IT RESOLVED BY THE GOVER N ING 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 Av enue (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.
ADOPTED ON THIS 29TH DAY OF APRIL 2025
Attest:
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution to Aw ard (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. Seconded by Councilrnember
Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 5433-25
BE IT RESOLVED BY THE GOVERNI NG. BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[l]That the City of Fairhope did request, receive, and open bids for Joint Use
Attachment Inventory (Bid Number 25-022) for the Electric Department.
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29 April 2025
[2]At the appointed time and place, the following bids were opened and tabulated as
follows:
Pike Engineering, LLC
The Fishel Company d/b/a Te am Fishel
$135,050.00
$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
Attest:
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves Contract
Amendment No. 1 for (RFQ PS24-0 I 0) with Kimley-Hom and Associates, Inc. for
Professional Engineering Services for Lead Service Lines Inventory and Compliance
-Phase I with a not-to-exceed amount of $50,000.00; and authorizes Mayor Sherry
Sullivan to execute contract amendment. The new contract total with a not-to-exceed
amount of $127,700.00. Seconded by Councilmember Martin, motion passed
unanimously by voice vote.
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10869
29 April 2025
RESOLUTION NO. 5434-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council approves Contract Amendment No. 1 for RFQ PS24-010
with Kimley-Hom and Associates, Inc. for Professional Engineering SerYices for Lead
Service Lines Inventory and Compliance -Phase 1 with a not-to-exceed amount of
$50,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new
contract total with a not-to-exceed amount of $127,700.00.
ADOPTED ON THIS 29TH DAY OF APRIL, 2025
Attest:
?.� �anic;:MMC
City Clerk
Councilmember 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 Duke's Root Control, Inc. for 1 & 1 (Inflow and lnfiltration)
Identification Study (RFQ PS25-027) with a not-to-exceed amount of $49,500.00.
Seconded by Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 5435-25
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
Duke's Root Control, Inc. for I & I (lnf1ow 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
Attest:
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29 April 2025
Councilmember Boone 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 (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. Seconded by Councilmember Robinson, motion passed unanimously
by voice vote.
RESOLUTION NO. 5436-25
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[ 1]That the City Council approves the selection by 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
Attest:
�� ity Clerk
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a 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 $5,000.00: 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. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
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29 April 2025
RESOLUTION NO. 5437-25
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 $5,000.00; 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
Attest:
���L �,MM City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a 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.'' Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
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29 April 2025
RESOLUTION NO. 5438-25
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.
52 98-24 to add the fo11owing 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 wi11 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
Attest:
���nks,tAM
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the fo11owing resolution, a 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. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
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29 April 2025
RESOLUTION NO. 5439-25
A RESOLUTION 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 FAIRHOP E,
ALABAMA, as follows:
I.
1 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.
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 Fonn, 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.
E.
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.
The James P. Nix Center may not be rented on a weekly basis.
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29 April 2025
F.Rental rates shall be as follows:
G.
I.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.
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 1s 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.
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.
1.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 bettennent 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.
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29 April 2025
111.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 nonnal operating hours.
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 pennitted 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.
29 April 2025
10876
All candles must be self-contained, battery candles prefeITed. 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.
I.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 cuJTent
business license and health pe1111it, 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.Pennission 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.
l.The piano will remain in the Ballroom at all times. Nothing will be
placed or stored in or on this instrument.
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29 April 2025
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 detennined 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.
lt 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.
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. ln 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-l 30. 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.
0.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 e,,ent open to the public, where tickets are
sold, and/or alcohol is on the premises.
29 April 2025
10878
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.
2.Special Event Insurance Policy coverage and minimums:
3.
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
Coverages to include:
Premises and operations
Personal injury and Advertising Injury
Products/completed operations.
Independent Contractors
Blanket Contractual Liability
Broad Fonn Property Damage
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
Attest:
Li�,�
City Clerk
10879
29 April 2025
City Council reviewed an application for a Beer/Wine On/Off Premises
License by John S. MacArthur, Fairhope Hemp LLC, d/b/a Johnny Macs, 505
Fairhope, Alabama 36532. Councilmember Martin moved to approve the issuance of
the license. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
Items:
The following individuals spoke during Public Participation for Non-Agenda
1)Don DeGutz, 110 Blakeney Av enue, addressed the City Council regarding
marketing natural gas; and mentioned a study from December 2022 where 12.7
percent of childhood asthma comes from use of gas stoves. Councilmember
Martin questioned Mr. DeGutz on the source of the study, what medical article,
and statistics. Mr. DeGutz did not have any.
2)Zeke Demian, student al Ordo Amoris Classical Academy, addressed the City
Council regarding sewer infrastructure issues, sewer overflows, and needed
upgrades. He gave an example of the flower expense but not for sewer
infrastructure.
3)Suzanne Walker, 710 South Mobile Street resident and President of the HOA for
Magnolia Beach Town Homes, addressed the City Council regarding the illegal
dumping logs into Mobile Bay. She mentioned asking a City employee regarding
Tatumville Gulley; and he said it was not the City's. Ms. Walker commented it
states on our website; all gulleys are maintained by the City. Council President
Burrell said it is quite shocking; and it is clear someone cut these. He said we
want to find out who is responsible.
4)Donna Riley-Lein, 19270 Greeno Road Lot 60, addressed the City Council
regarding the Fairhope Public Library; and said she is in support of the Library,
Library staff, and the Board. Ms. Riley-Lein mentioned a book she read at age
12, titled "Christy" which is a Christian Book and today would have been banned
for the Teen Section. She told the City Council that she trusts the Library
employees and the Board.
5)Mary Kate Dean, 707 Crystal Wells Court N., addressed the City Council
regarding the Fairhope Public Library; and said she was a teacher at Daphne
School. Ms. Dean said she is in support of the Library and trust them. She said
they are American Library Association approved; and do not reshelve books.
6) Wendy Pickering, 26577 Cotton Bayou, Orange Beach, addressed the City
Council regarding the Fairhope Public Library. She said they just want the books
moved from the Teen Section to the Adult Section. She told the Mayor and City
Councilmembers that they took an oath to protect citizens. Ms. Pickering stated
that she will file formal claims against their surety bonds if they do not move the
books.
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29 April 2025
7)Dr. Caleb Whitehead, 20 Burlington Drive, addressed the City Council regarding
the Fairhope Public Library; and said we are being called the worst library and
we are one of the best. He said the primary ones who are sexually abused are
children who need to see these books. Dr. Whitehead said he supports the
Library. He mention a Florida House Bill 1505 regarding children with sexually
transmitted diseases my have parental rights for medical treatment.
8)Savan Wilson, retired Library Science Professor, addressed the City Council
regarding the Fairhope Public Library; and said the Library is defending the right
to read. She said they were never trained for this; and this is a new year and for
our society. Ms. Wilson said she is in support of the Library, Library staff, and
the Board. She commented that reading is a basic freedom and choice. Ms.
Wilson said if books are removed from Sections, children are being taught "don't
ask questions."
9)Dirk Anderson, 27469 Elise Court, Daphne, addressed the City Council regarding
the Fairhope Public Library; and said he wants the books moved to Adult
Section. Mr. Anderson stated he was against the books; and has conservative
values.
I 0) Maggie Davis, 210 Perdido Avenue, addressed the City Council regarding the
Fairhope Public Library; and stated that she attended Public Schools. Ms. Davis
said the Library is good and she supports the Library.
11)Anita Powell, citizen in Daphne, addressed the City Council regarding the
Fairhope Public Library; and said she has lived on the Eastern Shore all of her
life. Ms. Powell said she is in support of the Library; and thanked the City
Council for their support. Ms. Powell said the Library shaped her into what she is
today; and books are to challenge us.
12)Samantha Kingston, Willow Subdivision, addressed the City Council regarding
the Fairhope Public Library; and said she is a strong support for the Library. Ms.
Kingston also said she trust the Librarians.
13)Jennings Wright, 114 Spring Drive, addressed the City Council regarding the
Fairhope Public Library; and said he is in support of the Library and the Board.
Mr. Wright said the APLS is micromanaging Libraries; and also supports the City
Council.
14)Nathaniel Spurgeon, 10539 McNeil Davis Lane A, addressed the City Council
regarding the Fairhope Public Library; and commented he has eight children. He
said the Library is a place for learning; and is in favor of the books being moved
to Adult Section. Mr. Spurgeon told about his wife and mother-in-law being
kidnapped and held for ransom.
15)Kelly Wright, F airwood Subdivision, addressed the City Council regarding the
Fairhope Public Librnry; and said she is in support of the Library. Ms. Wright
commented these books exists throughout the World. She said the books can help
counsel children through conversation.
10881 29 April 2025 16)Taylor Damico, near the intersection at County Road 13 and Morphy Avenue,addressed the City Council regarding the Fairhope Public Library; andcommented she cannot control what her son has seen on his phone. Ms. Damicosaid she is in support of the Library and books could help a child. She said theLibrary is a resource they can trust.17)Jenny Douglas, 850 Cherry Circle, addressed the City Council regarding theFairhope Public Library; and said she is in support of the Library. Ms. Douglasthanked the City Council for their support and for funding the Library.18)Dr. Kathleen Heath, Therapist for children, addressed the City Council regardingthe Fairhope Public Library; and commented she has worked for 35 years inBaldwin County and is licensed in many fields. She stated one out of six childrenare sexually abused; and there has been an increase in child homicides. Dr. Heathstated not one child in 10 years has been sexually abused from reading books.She said the books are important where they are in the Library. Dr. Heath alsostated she has read the two books in question and these need to remain in theTeen Section.19)Donald Furlong, 17606 Woodmere Court, addressed the City Council regardingthe Fairhope Public Library; and said he is a parent and not perfect. Mr. Furlongstated, "he is not trying to take sides; and if his child brings a book home that iscontroversial, 1 can sit down and help explain it." Mr. Furlong said he wasuncomfortable with the authoritarian group; and he is in support of the Library.20)David Gespass, 40 Echo Lane, addressed the City Council regarding the FairhopePublic Library; and said he is in support of the Library. Mr. Gespass said thedecision is for the Library to make.21)Carolyn Mayo, 113 Sandy Shoal Loop, addressed the City Council regarding theFairhope Public Library; and said she is in support of the Library. Ms. Mayo saidshe ga,·e money to fill the gap from the halt in funding from the APLS. She saidthere is a whole room full of people next door.22)Laura Johnson, resident of Daphne, addressed the City Council regarding theFairhope Public Library; and said the standard has been set. She stated that theLibrary Board is not compliant: and access is the issue. She said the books shouldbe removed from Children Section and placed in Adult Section.23)Randy Wendt, 554 Southern Run, addressed the City Council regarding theFairhope Public Library; and said he is in support of the Library. He told the CityCouncil not to listen to the Marxist comments.24)Andrew Mullek, 20760 Lacey Road, addressed the City Council regarding theFairhope Public Library: and said he is in support of the Library. However, \\'eare the only Library in violation; and should expose 10 year olds to sexuallyexplicit books. He stated this is not being addressed and is not a new issue.Council President Burrell said the City did not hm e due process!25)Brian Dasinger, citizen of Fairhope -no address giwn, addressed the CityCouncil regarding the Fairhope Public Library; and said the Fairhope Library isnot compliant and is in war with John Wahl. He told the City Council they were"woke" and "worthless:" and allowed "Pride Events" and "Drag Shows."
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29 April 2025
Mr. Dasinger stated these books should be moved from the Teen Section to the
Adult Section. He reminded everyone tlwt this is an election year and hopes it
will be a clean sweep.
Council President BuITell read an excerpt from an APLS letter from John Wahl
dated February 7, 2025 that stated the Fairhope Public Library was in
compliance. He said \\'e are all citizens of the Community and ha\'e our O\\'n
opinions. Council President Burrell stated we do not condone ,·iolating the law.
He reiterated the books have been rc\'iewed and books ha\'e been moved.
Council President Burrell s.iid we want to comply \\'ith the law; and the last thing
we want is an O\'er-reaching Go\'emment.
26)Mia Manifold, 9940 Windmill Road, addressed the City Council regarding the
Fairhope Public Library; and told them she was an educator who taught
emotionally challenged children. She said we underestimate what our children
need and a book may help. Ms. Manifold stated she respects the Fairhope Public
Library and the Librarians.
27)Laura Gamard, 248 South School Street, addressed the City Council regarding
the Fairhope Public Library; and stated children need access to "Sold'' and
"Grown." Ms. Gamard said she is in support of the Library and the Board.
28)Breanna Marsh, 16303 Hollowbrook Court, addressed the City Council regarding
the Fairhope Public Library; and said children need equal access to books. Ms.
Marsh said she is in support of the Library and the Board.
29)Gusta,·o Enrique, 219 Orleans Dri\'e, addressed the City Council regarding the
Fairhope Public Library; and stated that no one wants sexually explicit books in
the Teen Section. Mr. Enrique said he has read all of the books being challenged;
and some are okay and others are explicit. Mr. Enrique said he is in support of the
Library nnd the Board; and stnted this is n free society.
30)Cheryl Cor\'O, 20 Burlington Driw, addressed the City Council regarding the
Fairhope Public Library; and snid she is in support of the Library and the Board.
She commented that this is nn erasure issue and censorship. Ms. Corvo said
"Liberty" is for all; and we need to teach and help our children.
31)Kay Clemmons, 16351 Holbrook Court, addressed the City Council regarding the
Fairhope Public Library; and said she is in support of the Library and the Board.
32)Tim Demian, Elder for Redeemer Lutheran Church and fonner Head Mnster at
Ordo Amoris Classical Academy, addressed the City Council regarding the
Fairhope Public Library; and stnted there are t\\'O million books printed each
year. I k said these books should not just be reshel\'cd but removed from the
Library.
33)Willie Henr y, 206 Nichols A\'enue, addressed the City Council regarding the
Fairhope Public Library; and told the City Council "do not be bullied by these
people to do their agenda. They hm e shown there true colors; and it is just
political." Mr. Henry said he is in support of the Library.
10883 29 April 2025 34)Emily Mann, Twin Beech Road, addressed the City Council regarding theFairhope Public Library; and said she is an educator and we are fighting over twobooks. She commented that the six of you should not have been called worthlessor been threatened. Ms. Mann said that is unfair and unprofessional; and said sheis in support of the Library.35)Carol Tebay, 98 Paddock Drive, addressed the City Council regarding theFairhope Public Library; and said she trust the education of the Librarians andtheir decisions and hopes they do too. Ms. Tebay told the Mayor and CityCouncil she appreciated them .36)Amy Ananth, 54 Ingleside Street North, addressed the City Council regarding theFairhope Public Library; and said she too is in support of the Mayor, CityCouncil, and the Library. She asked the City Council to consider everythingbased on what the citizens of Fairhope support and what is best for theCommunity. Ms. Ananth stated again, "I support the Library."37)Dr. Savage, Ridgewood Circle, addressed the City Council regarding theFairhope Public Library; and said she is in support of the City, Community, andLibrary. She also said, "thank you all."38)Lindsey Windom, 22811 Hillwood Road, addressed the City Council regardingthe Fairhope Public Library; and mentioned the tiered library card system inplace. Ms. Windom said her mom is a Librarian; and said she is in support of theLibrary.39)Stephanie Durnin, 209 Hemlock Drive, addressed the City Council regarding theFairhope Public Library; and said, "she could not be more disappointed in agroup of people she \'Oted for and elected." Ms. Durnin said the disappointmentcontinued when the Library Board won Volunteers of the Year. She thankedCouncilmember Robinson for speaking out today. She asked everyone who waswatching or listening, if they want to run for election based on conservative\'alues, contact D!.!lforfoirhopccitycnuncilw umail.com.40)Jessica Deese, 23885 Main Street, addressed the City Council regarding theFairhope Public Library; and said she is in support of the Library, Board, and allof you. She mentioned the Supreme Court ruling that was based on Public Schoolcurriculum not a Public Library.4 I) Rebecca Watson, 124 Fig A\enue and with Moms of Liberty, addressed the City Council regarding the Fairhope Public Library; and said she is in support of the Library. She said the books should be moved from the Teen Section to the Adult Section, Ms. Watson stated she went to the APLS several times; and then, read the definition of "Sexually Explicit." She said the Library is supposed to weed out the books and make a list. Ms. Watson mentioned the February Library Board minutes and read them to eYeryone, Ms. Watson said she trust the Librarian but not the Library Board. She said, "I invested in this Community and I am not moYing. ,. Councilmember Martin responded the Alabama Statute would not consider a book hannful if it possesses "serious literary, artistic , political or scientific \'alue for minors."
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29 April 2025
42)Elizabeth Williams, 702 Greenwood Avenue, addressed the City Council
regarding the Fairhope Public Library; and passed out a handout to the City
Council. She mentioned the Miller test, also called the three-prong test for
obscenity; and said all three must be met. Ms. Williams said she is in support of
the Library and is with "Read Freely Alabama." She said the Library Board are
following processes and procedures; and are volunteers.
43)Donna Nichols, Colony at the Ground, addressed the City Council regarding the
Fairhope Library Board; and she said the Miller Test was a test for adults. She
said we have laws to protect children; and the books should be moved from the
Teen Section to the Adult Section.
44)Jeanine Normand, 720 Holly Drive, addressed the City Council regarding the
Fairhope Public Library; and told the Mayor and City Council they were doing a
wonderful job. Ms. Normand commented that the Library was in compliance;
and said all of you were called "woke." She told them, "they were very sensible
and to do the right thing; and citizens will vote for you." Ms. Normand said we
are all concerned about the children.
45)Brent Shaw, 19721 Hunters Loop, addressed the City Council regarding the
Fairhope Public Library; and said we set guidelines for our children and what is
best for our children. He said the books should be moved from the Teen Section
to the Adult Section. Mr. Shaw said we need to use common sense and pray for
wisdom.
Councilmember Martin said we all have been called names, had fingers
pointed, and lied to. He stated we all have a freedom to exist; and should meet in the
middle and compromise. Councilmember Martin said we need to maintain democracy
and a common thread of morality. He said, "we all have the same God; and with love
we have order."
Councilmember Conyers mentioned the Library Board and the process that is
now in place. Councilmember Conyers said he read the book "Sold" and it is
appropriately shelved in the Teen Section. He stated the Library Board is unpaid
volunteers trying to do the right thing; and will support their decision.
Councilmember Robinson stated none of us want our children having access
to sexually explicit material. He said everything we do up here is difficult at times
and not every decision is easy. But every decision we must look at the constitutional,
the legal, the moral, and the ethical ramifications of each. He said moving books
should not offend Librarians. He said there are processes in place and need to be
followed; we need to come to a legal decision for the Community.
Councilmember Boone said he appreciates everyone that is still here; and
comme nted he is not big on the ones that give their side and then leave. He thanked
everyone who was still here; and gain said they were appreciated.
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29 April 2025
Mayor Sullivan apologized to Council President Burrell being beat up for the
Volunteer of the Year award which is her decision every year. Mayor Sullivan said
this decision was made based on the Library Board doing capital fundraising for the
Teen Section and they have done a lot of things throughout the year. She reiterated
they are volunteers. Mayor Sullivan said she has had conversations with John Wahl
and a possible appeals process if we wanted a second opinion. She thanked everyone
for coming here to voice their opinion for one side or the other. Mayor Sullivan said
we serve a very diverse population who are free thinkers and like living in a
democracy.
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 § 36-
25A-7(a)(3) to discuss pending litigation and the legal ramifications of and legal
options for potential litigation. The approximate time to be in Executive Session is 60
minutes. Councilmember Robinson moved to go into Executive Session. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
Exited the dais at 9:21 p.m. Returned at I 0:22 p.m.
Councilmember Robinson moved to adjourn the meeting. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at I 0:23 p.m.
City Clerk