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06-09-2025 City Council Agenda Packet
CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, June 9, 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 May 27, 2025, Regular City Council Meeting, minutes of May 27, 2025, Work Session, and minutes of June 3, 2025, Special City Council Meeting. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Resolution - That the Public Improvements indicated herein for Harvest Green East Phase 2 are hereby accepted for Public Maintenance subject to the Bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Harvest Green East 2022, LLC. 6. Resolution - To award (Bid No. 25-035-2025-PWI-008) to HCL Contracting, LLC for City-Wide Road Repair, Resurfacing & Striping Project with a bid proposal not -to- exceed $533,114.43. Authorize Treasurer to transfer $33,114.43 from Rebuild AL Gas Tax Fund to the Capital Projects Fund in FY25 Budget. 7. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS25-030) for Construction Engineering and Inspection for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard to Neel-Schaffer, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 8. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Replacement of a Wooden Seawall at North Beach to Stewart Marine & Construction LLC for a not-to-exceed project cost of $35,000.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out; and authorizes the City Treasurer to transfer $35,000.00 from Parks Capital Improvement - Cowpen Creek Bridge. 9. Resolution - That the City of Fairhope authorizes Mayor Sherry Sullivan to execute a Change Order No. 2 for the agreement with Long's Human Resource Services to supply temporary employees to supplement the existing workforce. This change order will increase the not-to-exceed cost to $145,000.00 for Custodial Services and Landscaping Services for the Public Works Department. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $20,000.00 from Streets - Salaries (001350-50040) to Streets - Temp Labor (001350- 50245) and to transfer $50,000.00 from Landscape - Salaries (001360-50040) to Landscape - Temp Labor (001360-50245). Page 1 of 224 City Council Regular Meeting June 9, 2025 Page - 2 – 10. Resolution - That the City Council hereby authorizes the Mayor Sherry Sullivan to retain Hand Arendall Harrison Sale LLC to represent the interests of the City in the design, management, and prosecution, as needed, of a dangerous buildings and unsafe structures program, as well as to assist the City with the remediation of other nuisances, by executing an engagement agreement and/or waiver of conflict, if applicable, to secure such representation through all potential stages, including before and after the institution of proceedings before the City Council, through trial, and all stages of appeal, if applicable. 11. Resolution - That the City of Fairhope authorizes Mayor Sherry Sullivan to select, negotiate and execute a contract with a Professional Consulting Service to evaluate, assess, and compare data related to a demographic study with a not-to exceed amount of $20,000.00. 12. Resolution - That certain items are declared surplus and the Mayor and City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope via "GovDeals". 13. Resolution - That the City of Fairhope authorizes the Mayor to submit a letter to Energy Southeast, Inc. requesting a total of $30,000.00 through Community Development Grants: $5,000.00 to be used for a mural on the Pedestrian Tunnel; $20,000.00 to be used for operating an Entrepreneurial Development Center (“Hatch”); and the remaining $5,000.00 to be determined. 14. Resolution - That the City Council hereby adopts and authorizes that the Fairhope Municipal Fountain and Rose Garden shall be named the Timothy M. Kant Fountain and Rose Garden in recognition of his 40-plus years of unselfish dedication to the citizens of Fairhope and the beautification of our Community. 15. Public Participation – (3 minutes maximum) 16. Executive Session - To discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. 17. Adjourn Regular Meetings of the City Council shall be held on the 2nd and 4th Monday of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Next City Council Meeting, Monday, June 23, 2025, 6:00 p.m. Fairhope Municipal Complex City Council Chamber 161 North Section Street Fairhope, AL 36532 Page 2 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1506 FROM: Jenny Wilson, Assistant City Clerk SUBJECT: Approve minutes of May 27, 2025, Regular City Council Meeting and minutes of May 27, 2025, Work Session, and minutes of June 3, 2025, Special City Council Meeting. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: City 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 3 of 224 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( 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 Tuesday, 27 May 2025. Present were Council President Jack Burrell, Councilmembers: Jimmy Conyers, Jay Robinson, and Kevin Boone; Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and Assistant City Clerk Jenny Opal Wilson. Councilmember Corey Martin and City Clerk Lisa Hanks were absent. There being a quorum present, Council President Burrell called the meeting to order at 6:03 p.m. The invocation was given by Pastor Mike Megginson of 3 Circle Church and the Pledge of Allegiance was recited. Council President Burrell stated there was a need to amend the agenda and added Agenda Item Numbers 13-15 after Agenda Item Number 12. Agenda Item Number 13 a resolution to award (Bid No. 25-045-2025-PWI-023A) to Asphalt Services, Inc. for S. Summit Street Outfall Drainage Repair/Improvement Project with a bid proposal of $299,883.40 plus a 20% contingency of $59,976.68 for a total not-to-exceed cost of $359,860.08. Authorize Treasurer to transfer $318,210.08 from General Fund to Capital Projects Fund. Agenda Item Number 14 a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for installation of two (2) motors and recondition of two (2) chiller pumps for the Library Chillers to Sheppard Services for a not-to-exceed project cost of $8,414.72. Agenda Item Number 15 That the City Council hereby authorizes Mayor Sherry Sullivan to write a letter of support for Lyte Fiber, LLC for their subaward grant application through the Alabama Department of Economic and Community Affairs (ADECA) for the Alabama BEAD (Broadband Equity, Access, and Deployment) Grant Program. Councilmember Kevin Boone moved to add on the above-mentioned items not on the printed agenda. Seconded by Councilmember Jay Robinson, motion passed unanimously by voice vote. Councilmember Jimmy Conyers moved to approve minutes of May 12, 2025, Regular Meeting; and minutes of the May 12 2025, Work Session; and minutes of May 14, 2025 Special-Called City Council Meeting. Seconded by Councilmember Jay Robinson, motion passed unanimously by voice vote. Mayor Sherry Sullivan addressed the City Council and recognized the Junior City Council of 2024-2025 with a YETI Cup for their service. Present were Jenna Page 4 of 224 27 May 2025 Kowal, Audrey Small, Teagan Lanicek, Erin Foutch, Grant Kelly, and Camille Hausman. Mayor Sullivan announced if you are interested in the Fairhope Junior City Council, please contact the City Clerk’s Office for an application for the upcoming term. Mayor Sullivan thanked the Public Works Department and employees for their service and the cookout for Public Works Week. Mayor Sullivan additionally thanked the American Legion and Baldwin Pops for their community support in honor of Memorial Day. The following individual spoke during Public Participation for Agenda Item Number 12. Sandra Tormoen, President, Baldwin County Trailblazers, 105 Ashton Ct., Fairhope, AL 36532. Sandra thanked the City Council for resolution on letter of support for the Baldwin County Trailblazers in support of grant that would establish the Kids in Parks program and create a new TRACK Trail at the Flying Creek Nature Preserve and make updates to existing kiosks along Eastern Shore Trail. Councilmember Jimmy Conyers thanked the Veterans for their service. In addition he thanked the Fairhope Junior City Council for their service. Councilmember Jay Robinson concurred with Councilmember Conyers. In addition, he thanked Principal Jon Cardwell of Fairhope High School and Principal Angie Hall of Fairhope Middle School for their presentations this evening at the City Council Work Session along with their educators and administrators. Councilmember Kevin Boone congratulated Mayor Sherry Sullivan on her first granddaughter. Council President Jack Burrell concurred with Councilmember Conyers on the Fairhope Junior City Council service and wished them good luck on their future endeavors. In addition he acknowledged the veterans and a Facebook article on Bobby Hall, Golf Pro, Quail Creek Golf, father that was captured in Vietnam with eight years in captivity. Councilmember Jay Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves Amendment No. 2 to the Contract Agreement with Watershed for (RFQ PS24-008) Professional Architectural and Engineering Services for Nature Center Building Rehabilitation for a not-to-exceed amount of $4,990.00, increasing the original contract total to $57,390.00; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. Page 5 of 224 27 May 2025 RESOLUTION NO. 5458-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves Amendment No. 2 to the Contract Agreement with Watershed for (RFQ PS24-008) Professional Architectural and Engineering Services for Nature Center Building Rehabilitation for a not-to- exceed amount of $4,990.00, increasing the original contract total to $57,390.00; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. ADOPTED ON THIS 27TH DAY OF MAY, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Jay Robinson moved to amend the resolution to add the line item to resolution to authorize Treasurer to transfer $38,921.00 from 004020-59501 Line 10 (Lift Station Upgrades) to 004020-59501 Line 50 (Bypass Pumps for Lift Stations). Seconded by Councilmember Kevin Boone, motion passed unanimously by voice vote. Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-024) to Hydra Service, Inc. for Twelve (12) Natural Gas Bypass Pumps with a bid proposal not-to- exceed $1,137,855.00, once approval from ADCNR is received. The RESTORE Act of 2012 (Bucket 2) will pay for 75% of the total project. Authorize Treasurer to transfer $38,921.00 from 004020-59501 Line 10 (Lift Station Upgrades) to 004020- 59501 Line 50 (Bypass Pumps for Lift Stations). Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. * * * Page 6 of 224 27 May 2025 RESOLUTION NO. 5459-25 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 Twelve (12) Natural Gas Bypass Pumps (Bid No. 25-024) for the Water/Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Hydra Service, Inc. Morrow Water Technologies, Inc. BBA Pumps, Inc. $1,137, 855.00 $1,278,192.00 $878,549.00 Total Bid Cost 12 Weeks ARO 12-16 Weeks 30-34 Weeks Estimated Days for Delivery [3] After evaluating the bid proposals with the required bid specifications, Hydra Service, Inc. is now awarded the bid for Twelve (12) Natural Gas Bypass Pumps (Bid No. 25-024) for the Water/Wastewater Department with a not-to-exceed amount of $1,137,855.00, once approval from ADCNR is received. The RESTORE Act of 2012 (Bucket 2) will pay for 75% of the total project. [4] Authorize Treasurer to transfer $38,921.00 from 004020-59501 Line 10 (Lift Station Upgrades) to 004020-59501 Line 50 (Bypass Pumps for Lift Stations). Adopted on this 27th day of May, 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 hereby authorizes Mayor Sherry Sullivan to execute an Aid to Construction Reimbursement Agreement between the City of Fairhope Gas Department and Haven at Fairhope – CDA, LLC for the Utility Relocation at and near the entrance of Gainswood Page 7 of 224 27 May 2025 Subdivision and approximately 1,600’ South of Highway 181 and County Road 32 Intersection; and to accept the funds (not-to-exceed $64,804.00) for this relocation project. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5460-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute an Aid to Construction Reimbursement Agreement between the City of Fairhope Gas Department and Haven at Fairhope – CDA, LLC for the Utility Relocation at and near the entrance of Gainswood Subdivision and approximately 1,600’ South of Highway 181 and County Road 32 Intersection; and to accept the funds (not-to-exceed $64,804.00) for this relocation project. DULY ADOPTED THIS 27TH DAY OF MAY, 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 Mayor Sherry Sullivan is hereby authorized to execute a contract with Genesis Industrial Staffing, Inc. to supply temporary employees to supplement the existing workforce. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $50,000.00 from Sanitation Salaries 005030-50040 to Temp Contract Labor 005030-50245. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. * * Page 8 of 224 27 May 2025 RESOLUTION NO. 5461-25 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 Genesis Industrial Staffing, Inc. to supply temporary employees to supplement the existing workforce. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $50,000.00 from Sanitation Salaries 005030-50040 to Temp Contract Labor 005030-50245. ADOPTED THIS 27TH DAY OF MAY 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 Mayor Sherry Sullivan is hereby authorized to execute a contract with VITALExam, LLC to perform NFPA 1580-compliant physical examinations and testing of Fairhope Volunteer Fire Department volunteer firefighters and employees. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51(3). Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5462-25 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 with VITALExam, LLC to perform NFPA 1850-compliant physical examinations and testing of Fairhope Volunteer Fire Department volunteer firefighters and employees. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51(3). Page 9 of 224 27 May 2025 DULY ADOPTED THIS 27TH DAY OF MAY, 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 of Fairhope hereby authorizes submission of Grant Application for FY2025 Airport Improvement Program Funds for Runway Strengthening at H.L. "Sonny" Callahan Airport. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5463-25 A RESOLUTION TO AUTHORIZE SUBMISSION OF GRANT APPLICATION FOR FY2025 AIRPORT IMPROVEMENT PROGRAM FUNDS FOR RUNWAY STRENGTHENING AT H. L. “SONNY” CALLAHAN AIRPORT WHEREAS, the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) (“the Airport”) intends to apply for Federal and State matching funds for an Airport Improvement Program Project (AIP) Grant Project at the Airport; and WHEREAS, the overall scope of the AIP Project is expected to be runway rehabilitation, replacement of runway lighting, replacement of taxiway lighting; and WHEREAS, the total project costs are expected to be $6,903,025, with 95% of the project costs funded by the FAA; 2.5% of the project costs funded by the Alabama Department of Transportation; and 2.5% of the project costs funded by Fairhope Airport Authority; and WHEREAS, the application submission deadline is not later than June 16, 2025. THEREFORE, BE IT RESOLVED, by the City of Fairhope, Alabama as follows: Page 10 of 224 27 May 2025 1. That the City of Fairhope is authorized to make an Application for Federal Assistance for the AIP Project for the purpose of seeking Federal funding through the AIP program for runway strengthening and lighting replacement at the Airport. 2. That the application be submitted for and on behalf of the City of Fairhope by its Mayor, as designated by the City Council, who is authorized by this Resolution to sign the application and any related forms or documents on behalf of the City of Fairhope. 3. That should such grant application be accepted and approved by the FAA, that the Mayor is hereby authorized by this Resolution to execute an appropriate grant agreement with FAA without further action on the part of the City Council. BE IT FURTHER RESOLVED, that the City of Fairhope, in reliance upon an appropriate resolution from Fairhope Airport Authority dated May 20, 2025, hereby affirms that the local matching share of funds in the amount required for this AIP Project shall be the responsibility of Fairhope Airport Authority, and not the City of Fairhope. I, the undersigned qualified and acting as the City Clerk of the City of Fairhope, Alabama hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City Council of the City of Fairhope named therein, at a regular meeting of such body held on the 27th day of May, 2025, and that such resolution is on file in the office of the City Clerk, City of Fairhope, Alabama. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 27th day of May, 2025. _____________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk * * Page 11 of 224 27 May 2025 Councilmember Jimmy Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope hereby authorizes submission of the Grant Application for Infrastructure Improvements at H.L."Sonny" Callahan Airport. Seconded by Councilmember Jay Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5464-25 A RESOLUTION TO AUTHORIZE SUBMISSION OF GRANT APPLICATION FOR INFRASTRUCTURE IMPROVEMENTS AT H. L. “SONNY” CALLAHAN AIRPORT WHEREAS, the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) (“the Airport”) intends to apply for grant funding through the Alabama Department of Transportation (ALDOT) for certain infrastructure improvements at the Airport; and WHEREAS, the overall scope of the infrastructure improvements is expected to be the application of a seal coat to the East Ramp, the Northwest Ramp, and Taxiway C, together with certain spall repairs to concrete areas on the Airport premises; WHEREAS, the total cost of the improvements is $624,343.00, with ALDOT contributing 75% of the cost and Fairhope Airport Authority contributing 25% of the cost; and WHEREAS, the application deadline for this grant funding is May 30, 2025. THEREFORE, BE IT RESOLVED, by the City of Fairhope, Alabama as follows: 1. That the City of Fairhope is authorized to make a grant application through ALDOT for pavement maintenance at the Airport as set forth above. 2. That the grant application be submitted for and on behalf of the City of Fairhope by its Mayor, as designated by the City Council, who is authorized by this Resolution to sign the application and any related forms or documents on behalf of the City of Fairhope. 3. That should such grant application be accepted and approved by ALDOT, that the Mayor is hereby authorized by this Resolution to execute an appropriate grant agreement with ALDOT without further action on the part of the City Council. Page 12 of 224 27 May 2025 BE IT FURTHER RESOLVED, that the City of Fairhope, in reliance upon an appropriate resolution from Fairhope Airport Authority approved on May 20, 2025, hereby affirms that the local matching share of funds in the amount required for this grant application shall be the responsibility of Fairhope Airport Authority, and not the City of Fairhope. I, the undersigned qualified and acting as the City Clerk of the City of Fairhope, Alabama hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City Council of the City of Fairhope named therein, at a regular meeting of such body held on the 27th day of May, 2025, and that such resolution is on file in the office of the City Clerk, City of Fairhope, Alabama. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 27th day of May, 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 hereby authorizes Mayor Sherry Sullivan to write a letter of support to the Baldwin County Trailblazers establishing the Kids in Parks Program in Baldwin County and creating a new TRACK Trail at the Flying Creek Nature Preserve in Fairhope; and support of the Baldwin County Trailblazers making updates to the existing kiosks along the Eastern Shore Trail. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5465-25 BE IT HEREBY RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to write a letter of support to the Baldwin County Trailblazers establishing the Kids in the Parks Program in Baldwin County and creating a new TRACK Trail at the Fly Creek Nature Preserve in Fairhope; and support of the Page 13 of 224 27 May 2025 Baldwin County Trailblazers making updates to the existing kiosks along the Eastern Shore. ADOPTED ON THIS 27TH DAY OF MAY, 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 to award (Bid No. 25-045-2025- PWI-023A) to Asphalt Services, Inc. for S. Summit Street Outfall Drainage Repair/Improvement Project with a bid proposal of $299,883.40 plus a 20% contingency of $59,976.68 for a total not-to-exceed cost of $359,860.08. Authorize Treasurer to transfer $318,210.08 from General Fund to Capital Projects Fund. Seconded by Councilmember Jay Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5466-25 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 (Bid No. 25-045- 2025-PWI-023A) S. Summit Street Outfall Drainage Repair/Improvement for the Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: * * * Page 14 of 224 27 May 2025 [3] After evaluating the bid proposals with the required bid specifications, Asphalt Services, Inc. is now awarded the bid for (Bid No. 25-045-2025-PWI-023A) for S. Summit Street Outfall Drainage Repair/Improvement Project for the Public Works Department with a bid proposal of $299,883.40, plus a 20% contingency of $59,976.68 for a total not-to-exceed cost of $359,860.08. [4] Authorize Treasurer to transfer $318,210.08 from General Fund to Capital Projects Fund. ADOPTED ON THIS 27TH DAY OF MAY, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Jimmy Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for installation of two (2) motors and recondition of two (2) chiller pumps for the Library Chillers to Sheppard Services for a not-to-exceed project cost of $8,414.72. Seconded by Page 15 of 224 27 May 2025 Councilmember Jay Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5467-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for installation of two (2) motors and recondition of two (2) chiller pumps for the Library Chillers to Sheppard Services for a not-to-exceed project cost of $8,414.72. DULY ADOPTED ON THIS 27TH DAY OF MAY, 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 hereby authorizes Mayor Sherry Sullivan to write a letter of support for Lyte Fiber, LLC for their subaward grant application through the Alabama Department of Economic and Community Affairs (ADECA) for the Alabama BEAD (Broadband Equity, Access, and Deployment) Grant Program. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5468-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City Council hereby authorizes Mayor Sherry Sullivan to write a letter of support for Lyte Fiber, LLC for its subaward grant application through the Alabama Department of Economic and Community Affairs (ADECA) for the Alabama BEAD (Broadband Equity, Access, and Deployment) Grant Program. Page 16 of 224 27 MAY 2025 ADOPTED ON THIS 27TH DAY OF MAY, 2025 _________________________________ Jack Burrell, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk The following individual spoke during Public Participation. Don De Gutz, 110 Blakeney Avenue, Fairhope AL 36532. Don acknowledged the importance of having microphones on during meetings so when watching meetings at home your able to hear comments. Don was not in favor of the Flying Creek Nature Preserve Active Recreation Park Conceptual Master Plan – Protect, Preserve, Enhance, Restore, Recreate as presented by Thompson Engineering and Tailored Trail s, LLC this evening at the City Council Work Session. Don asked City Council to reject plan. Don was in favor of Building Condemnations as presented by Erik Cortinas, Building Official this evening at the City Council Work Session. Don appreciates the response time on the 311 System and encouraged utilization. Councilmember Jay Robinson moved to adjourn the meeting. Seconded by Councilmember Jimmy Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:32 p.m. Jack Burrell, Council President ________________________________ Jenny Opal Wilson, CMC Assistant City Clerk Page 17 of 224 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, 27 May 2025. Present were Council President Jack Burrell, Councilmembers: Jimmy Conyers, Jay Robinson, and Kevin Boone; Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, City Attorney Chris Williams, and Assistant City Clerk Jenny Opal Wilson. Councilmember Corey Martin and City Clerk Lisa Hanks were absent. Council President Burrell called the meeting to order at 4:32 p.m. The following topics were discussed: • The first item on the agenda was a presentation by Principal Jon Cardwell of Fairhope High School. Mr. Cardwell delivered presentation to the City Council titled “Funding Requests from Fairhope High School – Fairhope Public School Commission/3 Mill Referendum School Year: 25-26.” (See attached presentation). Mr. Cardwell addressed City Council questions and thanked the City Council and Mayor for their support. • The second item on the agenda was a presentation by Principal Angie Hall of Fairhope High School. Ms. Hall delivered the presentation to the City Council titled “Fairhope Middle School 2024-2025”. (See attached presentation). Ms. Hall addressed City Council questions and thanked the City Council and Mayor for their support. • The third item on the agenda was a presentation by Christopher Grant, Principal Landscape Architect of Thompson Engineering and Aaron Steele, President & Co-Owner Tailored Trails, LLC. Mr. Grant and Mr. Steele presented the Flying Creek Nature Preserve Active Recreation Park Conceptual Master Plan – Protect, Preserve, Enhance, Restore, Recreate. (See attached presentation). City Council were concerned with density, sole biking trails, and liability. Attorney Chris Williams discussed public use of park with statutory protections. City Council were in favor of multi-use trails in park, playgrounds, and parking. • The fourth item on the agenda was Discussion: Building Condemnations, by Erik Cortinas, Building Official. Mr. Cortinas delivered presentation to the City Council on the City of Fairhope Dangerous Buildings Ordinance and Hand Arendall Harrison Sale (At Work for a Better Community Dangerous Buildings & Unsafe Structures Program). (See attached presentation). Mr. Cortinas discussed Ordinance No. 1447 (Dangerous Buildings), and addressed City Council questions. Attorney Chris Williams gave brief on Hand Arendall Harrison Sale (At Work for a Better Community Dangerous Buildings & Unsafe Structures Program), and addressed City Council questions. City Council were in favor to repeal and replace Ordinance No. 1447. • The fifth item on the Agenda was Committee Updates. Councilmember Jimmy Conyers had no report. Councilmember Jay Robinson had no report. Page 18 of 224 Tuesday, 27 May 2025 Page -2- Councilmember Kevin Boone had no report. Council President Jack Burrell reported that the Recreation Board had a meeting on May 21st. Consultant addressed the results of Sports Tourism Pros and Cons vs. Local Recreation. Mr. Burrell was not present at the Special Called Airport Meeting on May 20th. Mr. Burrell reported on the submission of Grant Applications for FY2025 Airport Improvement Program Funds for Runway Strengthening and Infrastructure Improvements at H.L. “Sonny” Callahan Airport. • The sixth item on the Agenda was Department Updates. City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 5 and No. 8; and answered any questions if needed. Chief Chris Ellis, Fairhope Volunteer Fire Department (FVFD) addressed the City Council and reported the (FVFD) had 789 calls for FY2025 and Fairhope Single Tax Corporation provided a donation in full for new Training Building. Chief addressed Agenda Item No. 9; and answered any questions if needed. Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Item No. 6; and answered any questions if needed. Assistant Gas Superintendent Taylor Wesson addressed the City Council regarding Item No. 7; and answered any questions if needed. Council President Jack Burrell addressed the City Council regarding Items No. 10 and No. 11; and answered any questions if needed. Urban Forest Manager Justin Hammers addressed the City Council regarding Item No. 12; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:57 p.m. ______________________________ Jack Burrell, Council President _______________________________ Jenny Opal Wilson, CMC Assistant City Clerk Page 19 of 224 Funding Requests from Fairhope High School Fairhope Public School Commission /3 Mill Referendum SchoolY ear: __ �2=5�-=26 ____ _ School Summary: Educational requests for Fairhope High School. Below are requests to the Commission for Fairhope Schools for the approximate $750,000 designated for improving academics. Title of Position/Item Cost Job Description Benefit to students/academic enhancement English-Language Arts /ACT 78,584 Renewal ACT Prep and English Classes Prep Teacher English-Language Arts/ACT 82,032 Renewal English-Language Arts Business Teacher 97,398 Renewal Business Ed Teacher Business Teacher 90,000 New Unit This unit is needed to support the Alabama Legislatures enacting the Option B Diploma. It also increases the mandatory CCRS standard needed to graduate. Agriscience Teacher 90,000 New Unit This second agriscience unit is needed to support the Alabama Legislatures enacting the Option B Diploma. It also increases the mandatory CCRS standard needed to graduate. Academic Student Field Trip 30,000 Academic Field Trip This line item will serve to alleviate Line Item challenges from cost of taking academic field trips like Empowering Minds, Scholars Bowl, Etc. Line Item for Band Program 70,000 Band Upgrades and This line item will be used in procuring new Enhancements instruments and other expenses. Professional Development 10,000 Teacher PD This line item will be used to fund Registration Fees registration fees regarding IB, AP, PLC and other PD that will benefit classrooms. Line Item for Dance 5,000 Dance Enhancements Supplementing items needed to enhance the dance collective Line item for Choir/Piano 10,000 Choir Enhancements Supplement items needed for choral program and Piano Lab Audiovisual Upgrades 10,000 AV Enhancments Enhance outdated technology (sound systems, presentation materials) 1B, AP, PSAT,lOth Grade 55,000 Student Testing Fees Increase availability for students to ACT Testing Fees participate in college testing programs Page 20 of 224 Line Item for Social 5,000 Student Welfare This line item will help provide academic Worker and Nurses assistance to our at-risk and Underprivileged Students Substitute Teachers for 10,000 Student Achievement This line item will be used to help RTI, Field Trips, provide substitute teachers for RTI Professional Development meetings, Academic Field Trips, and teachers attending Professional Development Line Item for Guitar 5000 Guitar Class Supplement items needed for Guitar enhancments Class Total: $648,014 Attachment/additional data for: Page 21 of 224 Fairhope High School ACT Scores Math Science English Readin! 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C e ,, ,, 1/1 = .. 0 0 0 0 0 0 0 8 .. .. 0 0 0 .. a, .. 0 0 0 ,, .. 0 0 0 'c c( ..al (.J (.J (.J (.J (.J (.J (.J al (.J (.J u B al (.J (.J (.J "' al (.J (.J (.J 0 0 0 0 al 0 ::I :::i-"' u C �:i ..3: u u u U C ..I in -1/1 :::E 0 �� #-#-#-#-� #-0 #-� � C 0 � � 0 �� #-0 (.J U) .. = 0 0 0 U) = 0 •. e w = 0 0 a: = 0 0 U) U) U) U) ·; w =ti a, 0 ... -en 3: a, a, a, a, a, a, a, a, a, 3: a, en a, 3: en a, a,a, a, 3: a,a, a, a, a, a, a, ,:;, e en 3: 0 .a a, .. ..� #-�i � #-�� � > � � � � � � � � > ... � #-� � �ifi � � � � � � � � � � .g > � >-c( 0 c( .5 0 c( 0 2024- 2025 22 66% 34% 21.4 47% 44.7 45.2 41.6 44.6 46.6 47.6 50.1 45.4 21.7 48% 44.7 45.2 41.6 22.5 77% 61.1 65 58.6 22 56% 58.4 59.3 50.9 7.1 7 6.6 6.9 7.3 21.7 66% 2023- 2024 21.6 45% 29% 20.7 41% 44.8 47.5 44.6 40 47.4 46.5 49.4 48.1 21.4 44% 49.7 46.9 49.4 21.9 76% 61.8 66.7 59.1 21.7 51% 56.5 62.2 55.7 6.9 6.9 6.5 6.8 7.1 20.9 59% 2022- 2023 21.8 47% 30% 20.6 41% 45 47 44 41.3 47.3 47.7 48 46.6 21.7 48% 52.3 47.2 52.4 22 73% 56 66.9 56.5 22.2 57% 56.8 61.5 60.9 7 6.9 6.5 6.9 7.1 21.5 64% 2021- 2022 '2A,1 36% 21% 19.4 31% 42.3 47.4 51.5 32.8 32.2 52 50.3 44.4 20.5 37% 49.5 52.9 37 19.9 62% 60.6 69.3 52.7 20.3 42% 49.9 54 49.2 5.3 5.1 4.7 5 5.8 2020- 2021 11.t 31% 20% 19.2 28% 41.8 44.3 50.6 33 31.4 54 49.3 44.5 19.8 32% 47.2 51.3 35.8 19.7 59% 59.8 70.2 52 20.1 38% 49.8 52 51.6 5.8 5.7 5.2 5.6 6.2 2019- 2020 21 39% 24% 20.5 41% 47.6 45.3 54.8 42.7 48.4 46.2 49.5 42.3 21.1 37% 69 56.8 48 20.9 67% 57.8 65 59.3 20.9 43% 56.8 57.4 60.2 6.1 6.1 5.6 6 6.5 2018- 2019 22.1 46% 36% 21.2 44% 49.2 41.4 51.8 53.6 47.5 49.9 49.9 48.1 22.1 49% 63.1 65.6 57.9 22.3 74% 61 .1 68.4 62.2 22.4 52% 62.8 61.3 49.8 6.6 6.5 6 6.4 6.9 Page 22 of 224 Ethnicity Number Composite Math Percent who Science Percent Who English Percent Who Reading Percent Who Writing ELA Percent Who in Group Average Average Benchmarked Average Benchmarked Average Benchmarked Average Benchmarked Average Average Benchmarked Whites 300 22.8 22.3 53% 22.3 53% 23.4 82% 22.7 60% 7.2 22.5 72% Black/African 15.8 14.3 0% 16.9 8% 15.4 36% 16.2 24% 5.8 15.9 20% American 25 Hispanic/Latino 25 19 18.7 24% 18.7 20% 18.6 56% 19.2 40% 6.6 18.8 52% Two or More 18 21.9 20.9 39% 21.6 50% 23.1 72% 21.4 50% 7.2 21.7 67% Races Prefer Not to 14 20.4 20.3 36%% 21.3 50%% 19.5 64% 20.5 50%% 5.9 18.4 50% Respond Asian 3 26.3 28.3 100% 26 100% 26.7 100% 24.3 100% 7.7 25.3 100% Not Provided 3 16.3 19 0% 17.3 0% 16 33% 13.3 0% 4.7 12 33% Page 23 of 224 Math ELA Proficiency Proficiency Levels(# of Levels(# of students) students) Total Weighted Formula Level4 125 175 300 375 (300 X 1.25) Level3 105 107 212 212 (212 X 1.00) Level2 86 66 152 76 (76 X 0.50) Level 1 71 39 110 0 (110 X 0.00) 663 cademic chievement or 2024-2025 663/774 85.66% 85.66 x 20% = 17.13 points Page 24 of 224 -------------------------- 2024-2025 Page 25 of 224 MISSION EMPOWER BOLD AND HONORABLE LIFE-LONt LEARNRS WHO STRIVE FOR EXCELLENCE. SERVE OTHERS. AND FIND SUCCESS. Fairhope \Iiddlc School Page 26 of 224 FAIRHOP MIDDLE Angie Hall, Principal Shawn O'Connor, Assistant Principal Katie Shurett, Assistant Principal Page 27 of 224 FAIRHOPE MIDDLE SCHOOL State and District DAT A Page 28 of 224 Data: District Assessment {STAR) 24-25 STAR Fall Data Review: AVERAGE SCORES AND LEVELS MATH eMlddle Fall 2024 COUNT % 209 28% 312 41% so 7% 94 12% 95 12% 24-25 Gracle7 ST AR Fall Data Review: AVERAGE SCORES AND LEVELS Reading Fairhope Middle Fall 2024 COUNT % 178 23% 323 43% 47 6% 96 13% 115 15% Page 29 of 224 Data: District Assessment w u z <( (/) l/) <( z w 0:: Benchmark Reading 50 PR [l Urgent Intervention All Grades Below 21 PR STAR Reading Goal Sheet Name ______ _ Grade ---- ■ intervention O onwatch O At Benchmark O Above Benchmark 21-39 PR 40-49 PR 50-84 PR At/Above 85 PR STAR Fall Results Winter Results S~ring Results Percentile Scaled Score Benchmark? (yes or no) Goal SOPR If you have already met the 50% benchmark, you will add 5% to your current percentile to get your goal. STUDEl'\TS USE THEIR STAR DAT:\ TC) SET Pl◄]{SON.:\L GOALS. GO.:\L SETTING CO~THIBUTES TO THE STUDENT O\VNERSHIP OF THEIH LEAIL\IG\' AND PROGRESS. Page 30 of 224 Data: State Assessment ACAP Ala ba ma Comprehensive Assessment Program SUMMATIVE FAIRHOPE MIDD LE SCHOOL 23-2~ ACAP SUMMATIVE PROFICIENCY PERCENTAGES r11ELA FMS Baldwin Co. 75% 60% PELA FMS Baldwin Co. 83% 57% 7th MATH FMS Baldwin Co. 59% 32% PMATH FMS Baldwin Co. 75% 33% PSCIENCE FMS Baldwin Co. 78% 50% Alabama 51% Alabama 51% Alabama 24% Alabama 23% Alabama 38% FAIRHOPE :\1IDDLE SCHOOL STUDEl\TS PREFOHl\1ED ABOVE THE COUNTY Al\D ST~\TE PHEC:ENTAGES IN ALL CO>JTENT AREAS 0:\ THE STATE SU:\t:\L\TI\'E 1\SSESS\lEi\T! I Page 31 of 224 Local Funding LOCAL FUNDS 3 MILL TAX Intervention Teachers Instructional Aides Pirate Boost Social Worker Professional Development Page 32 of 224 Local Funding: Intervention Teachers ------- fHESE TEACHERS ARE ABLE TO SERVE STUDENTS IN SMALL GROUPS WHO ]AVE NOT MET BENCHMARKS OR ACADEMIC GOALS ON STATE TESTING. 2 Intervention Math Teachers 2 Intervention Language Arts Teachers REN AISSANCE" Star Screening Report Star Math Enterprise Generated DKll, 20:N, 12:01 PM Students S<hool Class!S Sa@el'llng Wi ndow Dem ographics SOIi! Berut1mui( Type 781 Students Fairhope Middle School 354Classes 12/02/2024-12/Uf2024 All Oemo1111phics Star Unified Scale District Grad!! 7 1300 1250 1200 1150 1100 1050 1000 950 900 850 800 750 700 Page 33 of 224 ocal Funding: Intervention Teachers rHESE TEACHERS ARE ABLE TO SERVE STUDENTS IN SMALL GROUPS WHO ~AVE NOT MET BENCHMARKS OR ACADEMIC GOALS ON STATE TESTING. ~ Intervention Math Teacherslv \ ~ Intervention Language Arts Teachers(Y) RENAISSANCE· Star Screening Report Star Read Inc Enterprise Ge,tnited.MnS.2025,l(tSSAM Students Sdll'JOI Clusts Sat«1ing~ndoN 0M'ICll'aphia SQ I, &Mdlmarti.Type 77& Students Falfflo,-Middle S<hool 354 CIIUH 12/02/2024-12/1'/2024 AIIDemo1raphlcs Star Unified Scale District Grade a 1300 1250 1200 1150 1100 1050 1000 950 900 850 BOO 750 700 650 600 Page 34 of 224 Local Funding: Instructional Aides & Intervention Teachers Page 35 of 224 Local Funding: Instructional Aides & Intervention Teachers Page 36 of 224 Local Funding: Pirate Boost ----------------------~-~-----' Students are assigned to Pirate Boost when they have multiple missing assignments due to absences or failing grades. This gives students an opportunity to work during the school day and have support. APirate Boost has reduced our student failure rate. I am thankful to serve the students of Fairhope Middle School and see them succeed. -Faye Sheppard Page 37 of 224 Local Funding: Social Worker ., !+ ~ 1:1' ... ~ ~ 'P· ,,...,r,o ,..,, Page 38 of 224 Local Funding: Professional Development ~-~~~~~~~~-------- Southern Regional Education Board • • • • A team of teachers traveled to N ashvillE __ 1 , where they attendee ,1 the Southern • Regional Education Board (SREB) conference. Teacher ; were able to participate in ~ personalized learnin: where topics f ocusec on how to best servE diverese students. Page 39 of 224 Local Funding: Professional Development • • Innovative Schools Summit • • We were able to send our curriculum leader, a counselor, an English teacher, and our Special Education team leader to the innovative summit in Chicago. This was four conferences in one! Innovative Teaching Strategies, At-Risk Students, Social-Emotional Learning, and Innovative School Leadership. Page 40 of 224 Page 41 of 224 Page 42 of 224 Page 43 of 224 Page 44 of 224 Page 45 of 224 Page 46 of 224 Page 47 of 224 Page 48 of 224 Page 49 of 224 Page 50 of 224 Page 51 of 224 Page 52 of 224 Page 53 of 224 Page 54 of 224 Page 55 of 224 Page 56 of 224 Page 57 of 224 Page 58 of 224 Page 59 of 224 Page 60 of 224 Page 61 of 224 Page 62 of 224 Page 63 of 224 Page 64 of 224 Page 65 of 224 Page 66 of 224 Page 67 of 224 Page 68 of 224 Page 69 of 224 Page 70 of 224 Page 71 of 224 Page 72 of 224 Page 73 of 224 Page 74 of 224 Page 75 of 224 Page 76 of 224 Page 77 of 224 Page 78 of 224 Page 79 of 224 Page 80 of 224 Page 81 of 224 Page 82 of 224 ~~---------Page 83 of 224 The Fairhope Dangerous Buildings Ordinance governs the guidelines for the abatement and condemnation of unsafe buildings. rf he definition of a Dangerous Building inGludes: 1. Vertical structural members that list, lean, ~r buckle; 2. Buildings that show 33% or more damage or deterioration of supporting members; 3. lmpraperly distr,ibuted floo[ or roof loads; Damage by fire, wind, or other causes; Inadequate fatilities for egress (insufficient stair-ways, fire escapes, etc); ~aving parts that may fall or inju l!e members of the public or pr:operty. Page 84 of 224 equ1 Certified or registered mail to last person assessed for property taxes; Sent to address of the property; Filing notice of proposed lien stating the status of the lien, the current owners or owners, and legal description of the property; Rost yellow sign asking anyone with info~mation as to who owns the property to call the City; 6. List photos and desc ti iptioA of the structure considered for demolition on the City website. Page 85 of 224 Some of the recurring issues that we have with this process are: 1. Determining if the structure is condemnable. Abandoned structures are not all condemnable if it is secure fr.om entry, and it has to clearlv, meet the definition of structurally unsafe listed in Ordinance 14417 . 2. Locating the correct property owner. Many are out of state or absentee owners that require extensive and time-consuming legal searches, some of which have taken months to find the owner. 3. Properties that have multiple owners due to properties being willed or passed down to several family members with no clear ownership. 4. Not having a system in place to track the structures and stay within the deadlines presccibed in the oridinance. Page 86 of 224 • The request to enact the proposed program will help in several ways: 1. Revise the definition in the ordinance to broaden what is condemnable or can require action. 1. Add provisions for public nuisances. Our current ordinance does not address properties that attract rodents or vermin. 2. Set guidelines for roof tarps. This issue is not addressed in City code or the Building Code. 3. The current ordinance does not address fire hazards such as examples of hoarding and extreme trash and debris inside the house. 4. Establish conditions in which utilities can be disconnected. Review the legal provisions that can help accelerate the process and stay within the bounds of State and local law. 3. Having a system in place that helps track the ~roperties, establish and follow-up on deadlines, and setting forth clear instructions for action by the property owner and the City. P,rovide clear legal guidelines for rights of entry to a property by City staff. Page 87 of 224 Page 88 of 224 Page 89 of 224 Page 90 of 224 1Hl HAND ARENDALL HARRISON SA LE tt w rk or r mun1 y Dangerous Buildings & Unsafe Structures Program Work or ommun1ty There are two different statutory schemes In Alabama that authorize a municipality to demolish a dangerous building. See ALA. CODE §§ 11-40-30 thru 11 -40-36 (1975); ALA. COOE §§ 11-53B-1 thru 11-53B-16 (1975). There are different benefits and powers conferred within each scheme . Alabama municipali t ies are also granted general powers to abate nutsance.s. See ALA. CooE §§ 6-5- 122, 11-47-117, 11 -47-118 , 11 - 47-131 ; & 11 -53 -1 thru 11-53-4. our dangerous buildings and unsafe structures ordinance employs, alternatively, all tools provided by law to municipalities for the fixing of costs , creation of liens , making of assessments , and collection of costs associat ed wtch repair ing, moving or demolishing buildings and structures, or parts of buildings and structures, party walls, and foundations when found co be unsafe to the extent of being a public nuisance from any cause. Our philosophy Is to employ a process that keeps all of the municipality's options open. ter An Alabama Federal Court has held that following the state statutes alone Is NOT adequate due process. See El/ls v. C/ry of Montgomery, 460 F. Supp . 2d I 301, 1310-1 I (M.D. AL 2006). We go above-and-beyond the requ irements of state law to ensure adequate due process by: Utilizing a t itle report; Fi ling a notice of /is pendens i n the probate court; Following special procedures aimed at notifying unknown heirs ; and setting a t i me limit to act on the appropriate municipal offfctal's findings and to complete the remediation. Our ordinance has been tested In litigation and Withstood challenge. See Maddox Enterprises, LP, et al. v. City of Vestavia Hills, Alabama, Dk . No. 2120436 (Ala. CIV. App. May 29, 2013) (dis missing an appeal from the Circu it Court's order affirming the Ci ty Council's resolution authorizing demolition). COPYRIGHT C :lll2'2 by HAND ARENDALL HARRISON SALE U.C. ALL FUGHTS RESERVED . Page 91 of 224 At Work for a Better Community • In 201 1 , Hand Arenda ll began i mplementing our Dangerous Bu i ldings Prog ram in the City of Tarr ant. In less than five years, Tarrant successfully remediated approximate ly 3% of all residential structures in its corporate lim its. In other words, through this program, three out of every 1 00 houses in Tarrant were repaired or demolished. ► Following the tornadoes of April 27 , 2011, the City of Vestavia Hills had 533 residential structures left damaged. After turning to Hand Arendall for assistance and implementing the firm's Dangerous Buildings Program , by Apr il 2014, Vestavia had remed iated every single one. Before Remed i ati on After Remediation COPY GHT O 2022 by HAND ARENDALL HARRISON SALE U.C. AU RIGHTS RESERVED. At Work for Community Better A5 a part of the City of At hens's neighborhood Improvement Initiative Hand Arendall's team has been successful In sending a message that the City is' ready, WIiiing, and able to demolish blighted properties. As a result, property owners are now more responsive to the City's Bu ild ing Department in self remediating blighted properties such that the Oty's demolition rate has decreased. The Oty has been particularly successful in tackling "heir properties" for which no one could previously find an owner to hold accountable for a bli ghted property. EXAMPLES OF REMEDIATION ACCOMPLISHED BY, AND AT THE EXPENSE OF, THE OWNER FOLLOWING NOTICE FROM THE CITY This property sold for C. $330 ,000 within 3 days of going on the market. This property went from nui sa nce to occup ied home back on the tax roster. COPYRIGHT O 2022 by HAND ARENOAU. HARRISON SALE UC. AU IGHTS RESERVED. Page 92 of 224 t Work f r mmun1ty tt r The firm 's team has assisted various municipalities with commercial remed iation work. On Vestavia 's behalf, the firm litigated the demolition of a commercial structu re (a large hotel that had languished for years) successfully through trial and appeal to the Alabama Court of Civil Appeals. EXAMP LES OF COMMERCIAL PROPERTIES REMEDIATEO THROUGH HAND ARENDALL'$ PROCESS Vesta via Motor Lodge Before Oemolition:.._ ____ ..__ •------------!"'! W rk f r mmuni y r HOW TO RECEIVE A RETURN ON YOUR MUNICIPALITY'S INVESTMENT IN YOUR COMMUNITY SERYJCES , For services related to the creation of your munlc lpallty's dangerous buildings and unsafe structures program, we wil l charge a one-time fee of Sl ,750. , For this one-time fee , your munici pality will rece ive up to three (3 ) hours of telephone consultation with our lawyers and the one-Ume preparation of 15 customized forms that take a property from Initial inspection through the fixing of a lien for the costs of remediation . , The fonns Inc lude a flow chart so that your municipality can easily navigate the process every t ime . , If we are engaged to assist with specific property remediation , then we will bill our work at an agreed upon hourly rate. COLlECTIONS , By satisfying the process fo r both state statutory schemes, this allows us to: Add the lien to the ad valorem bi ll, And /or collect assessments . , If the property owner fails to pay asses sments when due , the city ca n sell the property to the highest bidder for cash. "IA] municipality may assess reason ab le attorney's fees and cleri ca l costs as part of the cost of demolit ion of an unsafe structure ." AI..A. ATTY . GEN. OP. 20 12-032 . COPYRIGHT 0 21122 bf HANO ARSHDALL HARRISON SAlE llC. ALL RIG.HTS RESERVED. Page 93 of 224 sti Page 94 of 224 3 June 2025 Page 95 of 224 3 June 2025 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in Special-Called Session at 4:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Tuesday, 3 June 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus McDowell, and City Clerk Lisa A. Hanks. Councilmember Jimmy Conyers was absent. There being a quorum present, Council President Burrell called the meeting to order at 2:05 p.m. The invocation was given by Councilmember Kevin Boone and the Pledge of Allegiance was recited. Council President Burrell stated there was a need to add on an Executive Session as the first item and said there was need for more discussion. Councilmember Robinson moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Council President Burrell stated we will take a pause until the City Clerk Lisa Hanks returns with the proper language, so we can vote to go into the Executive Session. Councilmember Robinson commented that in two weeks the Youth Baseball District Tournament will be held; and Fairhope is hosting the five-year old and seven- year old District Tournament. He told everyone to come out and support the Fairhope five-year old and seven-year old All Star Teams; and if you are in Grand Bay, come out and support the 11-year old and 12-year old Fairhope Teams. Mayor Sullivan announced the groundbreaking (kickoff) ceremony of the K-1 Center. She asked for everyone to join the City of Fairhope and the Baldwin County Economic Development Alliance on Monday, June 9, 2025 at 3:00 p.m. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session on Alabama Code § 36-25A- 7(a)(3) to discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. The approximate time to be in Executive Session is 30 minutes. Page 96 of 224 3 June 2025 Councilmember Robinson moved to go into Executive Session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Exited the dais at 2:10 p.m. Returned at 2:56 p.m. Council President Burrell called the meeting back to order; and announced they were removing today’s item from the City Council Agenda and we will not be taking a vote. He said after much debate with our attorneys and looking at every possible solution to move it forward, they came to this conclusion. Council Burrell said the following, upon advice of Counsel, they think it is best to move the item from the Agenda due too much of a gray area and not take too much chance with the Bid Law. Council President Burrell apologized to the audience and asked for a motion to adjourn the meeting. Councilmember Boone moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 2:58 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 97 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1532 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Resolution - That the Public Improvements indicated herein for Harvest Green East Phase 2 are hereby accepted for Public Maintenance subject to the Bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Harvest Green East 2022, LLC. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Routine dedication of Rights of Way for Harvest Green East Ph 2. 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 98 of 224 RESOLUTION NO. _______ WHEREAS, the Owners of Harvest Green East Phase 2 desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 0003000-A, and all Fairhope public utilities located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements, and; WHEREAS, the Public Works Director has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of Harvest Green East Phase 2, the maintenance bond for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the public improvements indicated herein for Harvest Green East Phase 2 are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and 68V Harvest Green East 2022, LLC (the “Subdivider”). BE IT FURTHER RESOLVED, this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of- way of public streets, whether or not such may be located within dedicated easements in any of these developments. Adopted this 9th day of June, 2025 _____________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 100 of 224 2188351 Page 101 of 224 Page 102 of 224 Page 103 of 224 Page 104 of 224 Page 105 of 224 Page 106 of 224 Page 107 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1534 FROM: Richard Johnson, CITY ENGINEER George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The City Engineer, Richard Johnson, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals to conduct Resurfacing, Restoration, and Rehabilitation (RRR), striping, marking, and limited leveling/base repair improvements for City of Fairhope roadway segments and/or parking surfaces contained in the project Scope of Work. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-035-2025-PWI-008 City-wide Road Repair, Resurfacing & Striping Project to HCL Contracting, LLC for a not-to-exceed amount of $533,114.43. Authorize Treasurer to transfer $33,114.43 from Rebuild AL Gas Tax Fund to the Capital Projects Fund in FY25 Budget. BACKGROUND INFORMATION: A service bid was issued on April 18, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media for three (3) weeks. Four (4) responsive bids were received at the bid opening on May 15, 2025 at 10:00 a.m. The City Engineer recommends the award be made to HCL Contracting, LLC. Their low bid price for the total project was Five Hundred Thirty-Three Thousand One Hundred Fourteen Dollars and Forty-Three Cents ($533,114.43). Authorize Treasurer to transfer $33,114.43 from Rebuild AL Gas Tax Fund to the Capital Projects Fund in FY25 Budget. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55856 City Wide Street Resurf/Misc $500,000.00 $533,114.43 ($33,114.43) Page 108 of 224 Authorize Treasurer to transfer $33,114.43 from Rebuild AL Gas Tax Fund to the Capital Projects Fund in FY25 Budget as follows: Capital Projects Fund: 103-55856 City-wide Street Resurf/Misc $33,114.43 103-49894 Transfers In-Rebuild AL Fund ($33,114.43) Rebuild AL Gas Tax Fund: 102-55020 Transfer/Cap Proj - Road $33,114.43 102-49998 Budget Rollover ($33,114.43) 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 109 of 224 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 on (Bid Number 25-035-2025-PWI-008) for City-Wide Road Repair, Resurfacing & Striping Project for the Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Vendor: Asphalt Services, Inc. Harwell and Company, LLC HCL Contracting, LLC McElhenney Construction Co., LLC Bid Documents Signed/Notarized: Y Y Y Y Bid Bond: Y Y Y Y Addendum 1 Y Y Y Y 1 Fairland Ave. - From S. Section St. to Young St. - Approx. 2,622.4 L.F. $102,023.95 $94,100.50 $74,830.34 $94,153.44 2 Bon Secour - From Gayfer Ave. to Grand Ave. - Approx 670 L.F. $25,251.22* $23,007.25 $17,863.39 $25,264.27 3 Gaston Ave. - From S. Section St. to S. Bayview St. - Approx. 2,513 7 L.F. $80,050.95 $73,296.00 $57,990.22 $75,244.37 4 Kumquat St. - North - From Pecan Ave. to E.O.M.- Approx. 708 L.F. $22,934.05 $21,312.50 $16,204.89 $23,186.75 5 Kumquat St. - South - From Laurel Ave. to E.O.M. - Approx. 1,031.5 L.F. $20,125.08 $19,949.50 $15,675.58 $20,072.45 6 S. Bayview - From Fels Ave. to Nichols Ave. - Approx. 1,040 L.F. $41,017.70 $37,465.50 $29,721.68 $41,221.84 7 Bishop Rd. - Morphy Ave. to Fairhope Ave. - Approx. 1,379 L.F. $57,427.58 $56,055.50 $44,268.79* $56,720.52 8 Pomelo St. - From Laurel Ave. to Nichols Ave. - Approx. 2,195 L.F. $67,744.35 $66,384.25 $50,188.03 $64,641.97 9 Pecan Ave. & Kirkman Ln. - From S. Section St. To E.O.M. - Approx. 1,972 L.F. $72,140.89 $67,780.00 $60,305.69 $64,099.89 10 South Dr. - From Presbyterian Dr to Oak Bend Ct. - Approx. 2,875 L.F. $150,676.84 $138,444.75 $112,433.71 $141,818.87 11 Bellangee Ave. - From Section St. to Bancroft Sr (CBD) - Approx. 266 L.F. $22,362.15 $22,843.50 $15,594.91 $22,075.58* 12 Johnson Ave. - From Section St. to Bancroft Sr (CBD - Approx. 265 L.F. $32,926.18 $33,459.10 $21,680.95 $29,163.10 13 Project-Wide: Asphalt Leveling - Unit Price in Place $16,875.00 $15,000.00 $16,356.25 $17,218.75 Combined Bid Total $711,555.94* $669,098.35 $533,114.43* $674,881.80* [3] After evaluating the bid proposals with the required bid specifications, HCL Contracting, LLC is awarded (Bid Number 25-035-2025-PWI-008) for City-Wide Road Repair, Resurfacing & Striping Project for a bid proposal not-to-exceed $533,114.43; and authorizes Treasurer to transfer $33,114.43 from Rebuild AL Gas Tax Fund to the Capital Projects Fund in FY25 Budget. ADOPTED ON THIS 9TH DAY OF JUNE, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 110 of 224 Page 111 of 224 Page 112 of 224 Page 113 of 224 Page 114 of 224 Page 115 of 224 Page 116 of 224 Page 117 of 224 Page 118 of 224 Page 119 of 224 Page 120 of 224 Page 121 of 224 Page 122 of 224 Page 123 of 224 Page 124 of 224 Page 125 of 224 Page 126 of 224 Page 127 of 224 Page 128 of 224 Page 129 of 224 Page 130 of 224 Page 131 of 224 Page 132 of 224 Page 133 of 224 Page 134 of 224 Page 135 of 224 Page 136 of 224 Page 137 of 224 Page 138 of 224 Page 139 of 224 Page 140 of 224 Page 141 of 224 Page 142 of 224 Page 143 of 224 Page 144 of 224 Page 145 of 224 Page 146 of 224 Page 147 of 224 Page 148 of 224 Page 149 of 224 Page 150 of 224 Page 151 of 224 Page 152 of 224 Page 153 of 224 Page 154 of 224 Page 155 of 224 Page 156 of 224 Page 157 of 224 Page 158 of 224 Page 159 of 224 Page 160 of 224 Page 161 of 224 Page 162 of 224 Page 163 of 224 Page 164 of 224 Page 165 of 224 Page 166 of 224 Page 167 of 224 Page 168 of 224 Page 169 of 224 Page 170 of 224 Page 171 of 224 Page 172 of 224 Page 173 of 224 Page 174 of 224 Page 175 of 224 Page 176 of 224 Page 177 of 224 Page 178 of 224 Page 179 of 224 Page 180 of 224 Page 181 of 224 Page 182 of 224 PRF - Citywide Paving Project 2025 Final Audit Report 2025-04-02 Created:2025-03-27 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAAm0tv06qPti1HvzoENyw6GJZOyXVPCd5 "PRF - Citywide Paving Project 2025" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-03-27 - 9:37:33 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-03-27 - 9:37:56 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-03-31 - 1:15:06 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-03-31 - 1:15:53 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-03-31 - 1:15:56 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-03-31 - 5:58:29 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-03-31 - 5:58:58 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-03-31 - 5:59:00 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-04-02 - 1:38:04 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-04-02 - 1:38:32 PM GMT - Time Source: server Agreement completed. 2025-04-02 - 1:38:32 PM GMT Page 183 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1536 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, is requesting the hiring for Professional Engineering Services for Construction Engineering and Inspection (CE&I) for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: To approve the selection by the Mayor of Neel-Schaffer, Inc. for RFQ PS25-030 Professional Engineering Services for Construction Engineering and Inspection (CE&I) for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard, and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, is requesting the hiring for Professional Engineering Services for Construction Engineering and Inspection (CE&I) for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard. The selected engineer will provide construction engineering and inspection services, material sampling, and contract administration. Mayor Sullivan has selected Neel-Schaffer, Inc. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55920 TAP - Fairwood & Blue Island $ $ $ GRANT: TAPAA-TA23(929) Sidewalks at Various Locations Page 184 of 224 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 185 of 224 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 Professional Engineering Services for (RFQ PS25-030) for Construction Engineering and Inspection for the FY2023 TAP Project – Sidewalks on Blue Island Avenue and Fairwood Boulevard to Neel-Schaffer, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED ON THIS 9TH DAY OF JUNE, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 186 of 224 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: May 20, 2025 Re: RFQ PS25-030 Professional Engineering Services for Construction Engineering and Inspection for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard City Engineer, Richard Johnson, is requesting the hiring of a consultant for RFQ PS25- 030 Professional Engineering Services for Construction Engineering and Inspection for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard. Per our Procedure for Procuring Professional Services, Richard Johnson 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: _____________ ___________ Neel-Schaffer, Inc. _______________ __________ _ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan May 20, 2025 Page 187 of 224 Memo to choose - Prof Eng. Blue Island Fairwood Blvd Sidewalks Final Audit Report 2025-05-20 Created:2025-05-20 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAHT1imMEdF15OcPHgPgSd8zh1uASQtaKr "Memo to choose - Prof Eng. Blue Island Fairwood Blvd Sidewa lks" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-05-20 - 3:03:34 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-05-20 - 3:04:16 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-05-20 - 3:29:54 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-05-20 - 3:30:37 PM GMT - Time Source: server Agreement completed. 2025-05-20 - 3:30:37 PM GMT Page 188 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1561 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to approve the award of the Request for Quotes for Labor and materials for the Replacement of a Wooden Seawall at North Beach. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for the replacement of a wooden seawall at North Beach to Stewart Marine & Construction LLC for a not-to-exceed project cost of $35,000.00; and authorizes the City Treasurer to transfer $35,000.00 from Parks Capital Improvement - Cowpen Creek Bridge. BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting to approve the award of the Request for Quotes for Labor and materials for the Replacement of 150' of 3' tall Wooden Seawall at North Beach. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent out to three (3) qualified contractors. The lowest quote was from Stewart Marine & Construction LLC. The Director of Public Works requests approval to award the Request for Quotes to Stewart MArine Construction, LLC for the not-to-exceed cost of Thirty-Five Thousand Dollars ($35,000.00). Authorize the City Treasurer to transfer $35,000.00 from Parks Capital Improvement - Cowpen Creek Bridge. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001370- 50475 Capital Improvement $0.00 $35,000.00 ($35,000.00) 001370- 50475-20 Capital Improvement - $35,000.00 $0.00 $35,000.00 Page 189 of 224 Cowpen Creek Bridge Transfer budget from 001370-50475 line 20 $35,000.00 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 190 of 224 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Replacement of a Wooden Seawall at North Beach to Stewart Marine & Construction LLC for a not-to-exceed project cost of $35,000.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out; and authorize the City Treasurer to transfer $35,000.00 from Parks Capital Improvement – Cowpen Creek Bridge. DULY ADOPTED ON THIS 9TH DAY OF JUNE, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 191 of 224 Stewart Marine & Construction LLC PO Box 910 Summerdale, Al 36580 O:251-284-6579 C:251-348-4079 Stewartmarinecont@gmail.com 6/02/25 Estimate: George Ladd City of Fairhope City Park North West Side Bulkhead Estimate: - 150’ 3’ high New Wooden Bulkhead - Demo existing Total Estimate: $35,000 Estimate includes all labor and materials. Page 192 of 224 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: George Ladd Date: 6/3/2025 Department: Public Works 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. Stewart Marine & Construction $ 35,000.00 2. Seale Marine Construction $ 40,000.00 3. Coastal Docks & Seawalls $ 54,150.00 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? Replacement of 150’ of a 3’ tall wooden seawall Labor & materials 2. What is the total cost of the item or service? $35,000.00 3. How many do you need? One 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Stewart Marine & Construction 6. Vendor Number: 8541 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? Click or tap here to enter text. 3. Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Page 193 of 224 E S T I M AT E Coastal Docks & Seawall s 757 Mi chigan Ave Fai rho pe, AL 36532 Info@buil dco astaldocks.com +1 (251) 238-2431 www.bui ldcoastaldo cks.com B il l to J oey Leavit t Es timate det ails Es timate no.: 1745 Es timate dat e: 04/29/2025 #Product or service Description Qty Rate Amount 1.Mobilization Move equipment to jobsite 1 $750.00 $750.00 2 .General Demolition Removal a nd disposal. Including dumping f ees 1 $3,000.00 $3,000.00 3.Wooden Bulkheads Wooden bulkhead. Contractor w ill construct one hundred and six ty linear f eet of bulkhead. All wood materials f or the bulkhead will be marine grade trea ted lumber. All pilings will be set ve feet on center. Contractor w ill use twelve foot long, 8" diameter top, round pilings, driven in the ground by means of vibra tory hammer until max imum resista nce or eight f eet below the nished elevation, whichever is accomplished rst. All fra me work (whalers) will consist of doubled 2" x 8 " ma teria l. All sheet pilings (pickets) will be doubled 1" x 8" X 10' L material. The sheet pilings will be driven into the ground by mea ns of vibratory ha mmer. The sheet pilings will be na iled to the double stringer system with twenty penny hot dipped galvanized nails. We will use marine grade lter cloth, tacked behind the wall to retain dirt. A 2" x 8" sa ndwich board will run the length of the wall. The sandwich board will be through bolted to the pilings with 5/8" ga lvanized timber bolts.. A 2 " x 8" top cap will be placed and na iled to the top of the wall for aesthetic purposes. 160 $315.00 $50,400.00 Note to customer Total $54,150.00 Page 195 of 224 Quote does not include applicable taxes. FAIRHOPE PIER Accepted da te Accepted by Page 196 of 224 SEALE MARINE CONSTRUCTION June 2, 2025 9898 State Highway 104 Fairhope, AL 36532 (251) 605-6279 Estimate: #20250602 ted.seale@sealemarine.com PROJECT DETAILS City of Fairhope City Park North West Site DESCRIPTION OF WORK LABOR Material TOTAL 150' 3' High New Wooden Bulkhead - Demo Existing $40,000.00 TOTAL $40,000.00 THANK YOU For questions concerning this invoice, please contact Ted Seale, (251) 605-6279, ted.seale@sealemarine.com Page 197 of 224 Page 198 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1535 FROM: George Ladd , PUBLIC WORKS DIRECTOR Hannah Noonan, Human Resources Director SUBJECT: The Director of Public Works, George Ladd, are requesting a change order for the agreement with Long's Human Resource Services to increase the contract amount to add temporary custodial and landscaping staff for the Public Works Department. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: To approve the Change Order No. 2 to to increase the Not-to-Exceed cost of the contract with Long's Human Resource Services to $145,000.00 for additional custodial and landscaping staff for the Public Works Department. Authorize Treasurer to transfer $20,000.00 from Streets - Salaries (001350-50040) to Streets - Temp Labor (001350- 50245) and to transfer $50,000.00 from Landscape - Salaries (001360-50040) to Landscape - Temp Labor (001360-50245). BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting a change order for the agreement with Long's Human Resource Services to increase the contract amount to add temporary custodial and landscaping staff for the Public Works Department. The additional contract amount will be Twenty Thousand Dollars ($20,000.00) for temporary custodial staff and Fifty Thousand Dollars ($50,000.00) for temporary landscaping staff. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $20,000.00 from Streets - Salaries (001350-50040) to Streets - Temp Labor (001350-50245) and to transfer $50,000.00 from Landscape - Salaries (001360-50040) to Landscape - Temp Labor (001360-50245). Previous Actions: Resolution 5410-25 authorized the Mayor to execute Change Order No. 1 for the agreement with Long's Human Resource Services to add custodian services for the Nix Center and increase the not-to-exceed cost to $75,000.00. Resolution 5284-24 authorized the Mayor to execute the contract with Long's Human Resource Services to supply temporary employees to supplement the existing Page 199 of 224 workforce. Council Meeting December 9, 2024. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50245 Streets - Temp Labor $0.00 $20,000.00 ($20,000.00) 001350- 50040 Streets Salaries $20,000.00 $0.00 $20,000.00 001360- 50245 Landscape - Temp Labor $0.00 $50,000.00 ($50,000.00) 001360- 50040 Landscape - Salaries $50,000.00 $0.00 $50,000.00 Authorize Treasurer to transfer $20,000.00 from Streets - Salaries (001350-50040) to Streets - Temp Labor (001350-50245) and to transfer $50,000.00 from Landscape - Salaries (001360-50040) to Landscape - Temp Labor (001360-50245) as noted above. 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 200 of 224 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope authorizes Mayor Sherry Sullivan to execute a Change Order No. 2 for the agreement with Long’s Human Resource Services to supply temporary employees to supplement the existing workforce. This change order will increase the not-to-exceed cost to $145,000.00 for Custodial Services and Landscaping Services for the Public Works Department. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $20,000.00 from Streets – Salaries (001350-50040) to Streets – Temp Labor (001350-50245) and to transfer $50,000.00 from Landscape – Salaries (001360-50040) to Landscape – Temp Labor (001360-50245). ADOPTED ON THIS 9TH DAY OF JUNE, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 201 of 224 RESOLUTION NO. 5410-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope authorizes Mayor Sherry Sullivan to execute a Change Order No. 1 for the agreement with Long 's Human Resource Services to supply temporary employees to supplement the existing workforce. This change order will add custodian services for the Nix Center. This change order will increase the not-to-exceed cost to $75 ,000.00. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $23 ,000.00 from Nix Salaries 001300-50040 to Temp Contract Labor 00130-50245. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 Attest: Page 202 of 224 Page 203 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1540 FROM: Sherry Sullivan, Mayor SUBJECT: To retain Hand Arendall Harrison Sale LLC to represent the interests of the City in the design, management, and prosecution, as needed, of a dangerous buildings and unsafe structures program. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: That the City Council adopts the resolution authorizing the Mayor to retain Hand Arendall Harrison Sale LLC to represent the interests of the City in the design, management, and prosecution, as needed, of a dangerous buildings and unsafe structures program, as well as to assist the City with the remediation of other nuisances, by executing an engagement agreement and/or waiver of conflict, if applicable, to secure such representation through all potential stages, including before and after the institution of proceedings before the City Council, through trial, and all stages of appeal, if applicable. BACKGROUND INFORMATION: WHEREAS, the City Council of Fairhope, Alabama desires that the City of Fairhope, Alabama (the “City”) enter into a professional services agreement with Hand Arendall Harrison Sale LLC to assist the City with the remediation of dangerous buildings, unsafe structures, and other nuisances that are located within the City; and WHEREAS, the City Council desires that Hand Arendall Harrison Sale LLC work together with all of the City’s officials, including the City Attorney, to help resolve property maintenance issues. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 204 of 224 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 205 of 224 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING THE RETENTION OF SPECIAL COUNSEL TO DESIGN, MANAGE, AND PROSECUTE, ON AN AS-NEEDED BASIS, THE CITY OF FAIRHOPE’S DANGEROUS BUILDINGS AND UNSAFE STRUCTURES PROGRAM WHEREAS, the City Council of Fairhope, Alabama desires that the City of Fairhope, Alabama (the “City”) enter into a professional services agreement with Hand Arendall Harrison Sale LLC to assist the City with the remediation of dangerous buildings, unsafe structures, and other nuisances that are located within the City; and WHEREAS, the City Council desires that Hand Arendall Harrison Sale LLC work together with all of the City’s officials, including the City Attorney, to help resolve property maintenance issues; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to retain Hand Arendall Harrison Sale LLC to represent the interests of the City in the design, management, and prosecution, as needed, of a dangerous buildings and unsafe structures program, as well as to assist the City with the remediation of other nuisances, by executing an engagement agreement and/or waiver of conflict, if applicable, to secure such representation through all potential stages, including before and after the institution of proceedings before the City Council, through trial, and all stages of appeal, if applicable; and [2] That the Mayor and such other necessary City officials are hereby authorized to execute any pleadings or other documents that may be necessary to assert and/or preserve the City’s interests in connection with such representation authorized by this Resolution. Adopted this 9th day of June, 2025 __________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 206 of 224 CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) BALDWIN COUNTY ) I, Lisa A. Hanks, City Clerk of Fairhope, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of Fairhope, Alabama, on the 9th day of June, 2025. Witness my hand and seal of office this day of June, 2025 _______________________________ Lisa A. Hanks, MMC City Clerk Page 207 of 224 Christopher S. Williams cwilliams@handfirm.com DIRECT 251 694 6233 / FAX 251 544 1601 May 27, 2025 Via Email at sherry.sullivan@fairhopeal.gov City of Fairhope, Alabama c/o Hon. Sherry Sullivan 161 North Section St. Fairhope, AL 36532 Re: City of Fairhope Dangerous Buildings Program Dear Mayor Sullivan: This letter confirms our discussion of Hand Arendall Harrison Sale LLC’s (the “Firm”) representation of the City of Fairhope, Alabama, a municipal corporation (the “City”), on the following terms. By signing below, the City fully accepts the terms and conditions of this engagement, and the City shall be responsible for fulfilling the terms hereof. However, you will be our primary contact, and we will keep you informed of all significant developments. Fees and Costs For services that we will render related to the preparation of the City’s dangerous buildings and unsafe structures ordinance, we will charge a one-time fee of $1,750. For this one-time fee, the City will receive up to three (3) hours of telephone consultation with our lawyers and the one- time preparation of the following forms: 1. Ordinance Concerning Unsafe Structures and Dangerous Buildings; 2. Declaration of Appropriate Municipal Official; 3. Resolution to Authorize the Payment of the Appropriate Municipal Official; 4. Dangerous Building Inspection Checklist Form; 5. Initial Letter from the Appropriate Municipal Official; 6. Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens; 7. Legal Publication Notice; 8. Resolution Deciding Not to Order Demolition at this Time; 9. Resolution Ordering Demolition; 10. Notice of Intent to Demolish; Page 208 of 224 City of Fairhope, Alabama c/o Hon. Sherry Sullivan May 27, 2025 Page 2 11. Satisfaction of Notice of Lis Pendens; 12. Notice Regarding a Public Hearing Ascertaining, Fixing, and Determining the Amount of Assessment to be Charged as a Lien as a Result of Demolition; 13. Report of Costs; 14. Resolution Ascertaining, Fixing, and Determining the Amount of Assessment to be Charged as a Lien as a Result of Demolition; and 15. Dangerous Buildings Program Flow Chart (altogether “the Forms”). This will not include any other documents or services, including, but not limited to those related to specific demolitions and/or other remediation, such as title examinations, property specific notices, remediation agreements, appearances at Council meetings, and/or representation in appeals or other litigation. If additional services are required in this matter, they will be billed on an hourly basis at our Firm’s established rate for other matters for the City. These rates may change from year to year if and when our firm changes its rates across the board. All expenses incurred in connection with this matter are the responsibility of the City. Expenses such as filing fees, title searches, deposition costs, witness fees, expenses of preparing exhibits, etc. will normally be billed directly to you. Out-of-pocket expenses for such things as travel, deliveries, postage, long distance telephone calls, photocopies and computerized legal research that are not billed directly will be advanced by the Firm and submitted for reimbursement with our fee statements. Payment Terms We will submit our fee and expense invoices on a monthly basis by email or regular mail, or both, and we expect prompt payment. Each invoice is due and payable upon receipt and not later than 30 days from the date of the invoice. If collection efforts be come necessary, the City agrees to pay the Firm, in addition to the principal balance due, all costs of collection including reasonable attorney’s fees and interest. The Firm reserves the right to withdraw from further representation in the event of nonpayment within 30 days, and you agree not to contest our withdrawal. Copyright and Nonexclusive License Please be advised that the Firm claims a copyright in the Forms and reserves all of its rights. The Forms are copyrighted work owned by the Firm. Without advance written permission from the copyright owner, no part of the Forms may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact the undersigned. Notwithstanding the foregoing, upon acceptance of the terms of this letter, the Firm grants to the City a nonexclusive license to reproduce, modify, and distribute the Page 209 of 224 City of Fairhope, Alabama c/o Hon. Sherry Sullivan May 27, 2025 Page 3 Forms in the ordinary course of the City’s governmental operations. The City agrees not to sell the Forms or to provide the Forms to third parties, except to the extent required by applicable law, including Alabama public records law. The City shall identify the Firm as the owner of rights to the Forms and shall include the following notice on all copies of the Forms: “Copyright © 2025 by the Firm. All rights reserved.” In the event that the City learns of imitations or infringements of the Forms, the City shall notify the Firm in writing of the infringements or imitations. The City may not assign or transfer its rights or obligations pursuant to this letter without the prior written consent of the Firm. Document Retention and Destruction Policy It is the Firm’s policy to maintain the content of your file in a confidential manner and, based upon your preferences and our legal and ethical obligations, to return your file to you – or portions of such file to which you are entitled – at the conclusion of any matter or case. Additionally, we will destroy the contents of the file six years after the completion of the matter we are handling for you, unless otherwise directed by our professional obligations. You and the Firm may agree in advance to the return, destruction, or other disposition of your file. From time to time, a court order or confidentiality agreement with a third party may also dictate the return, destruction, or other disposition of your file, and we will abide by such an order or agreement. In the absence of such an agreement with you, or any such court order or confidentiality agreement, the Firm will take reasonable steps to provide you with reasonable notice in advance of any proposed destruction of your file. If you object to our planned destruction of your file, you may request that the file be returned to you. It is important that following the conclusion of our representation you should keep the Firm advised of any changes to your address so that we can contact you regarding your file. Termination of Representation You may terminate the engagement at any time for any reason. We may also terminate the engagement at any time, consistent with our ethical obligations. We expressly reserve the right to stop acting for you, and you hereby expressly consent to our right to terminate the representation, if you fail to pay for any fees or costs invoiced or incurred. After termination, you shall remain responsible for paying outstanding fees and costs related to work performed before the end of the engagement. Completion of Engagement Our representation of you will end when we have completed the services described in this letter, send our final invoice, or, unless otherwise agreed, after six (6) months of furnishing no billable services to you, whichever occurs sooner, without the need for further written confirmation. Any new relationship will require a new engagement letter. Page 210 of 224 City of Fairhope, Alabama c/o Hon. Sherry Sullivan May 27, 2025 Page 4 Entire Agreement This engagement agreement constitutes the entire agreement between the Firm and the City regarding this matter, and it may not be modified unless agreed to in writing by a member of the Firm. Please indicate your agreement by signing and returning to me a copy of this letter. If you disagree with anything in this letter, please let us know promptly. If you have specific billing and/or reporting guidelines that you would like for us to follow, please forward them at your soonest convenience. For your convenience, we are also enclosing a proposed resolution for the Council’s consideration that would explicitly authorize the execution of this engagement agreement. We certainly appreciate the opportunity to represent the City in this matter, and we look forward to working with you. Sincerely, Christopher S. Williams For the Firm CSW: Encl. cc: Eric Cortinas (via email to erik.cortinas@fairhopeal.gov) ACCEPTED and AGREED on this the _____ day of ____________________, 2025. CITY OF FAIRHOPE, ALABAMA By:_________________________________ Sherry Sullivan Its Mayor Page 211 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1547 FROM: Sherry Sullivan, Mayor SUBJECT: Professional Consulting Service to evaluate, assess, and compare data related to a demographic study with a not-to exceed amount of $20,000.00. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: That the City of Fairhope authorizes Mayor Sherry Sullivan to select, negotiate and execute a contract with a Professional Consulting Service to evaluate, assess, and compare data related to a demographic study with a not-to exceed amount of $20,000.00. BACKGROUND INFORMATION: That Mayor, Sherry Sullivan, is requesting to procure a Professional Services Firm to evaluate, assess, and compare data related to a demographic study. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50290 Professional Services $15,000.00 $20,000.00 ($5,000.00) Budget line item 001100-50290-40 Misc Professional Services $15,000.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Page 212 of 224 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 213 of 224 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope authorizes Mayor Sherry Sullivan to select, negotiate and execute a contract with a Professional Consulting Service to evaluate, assess, and compare data related to a demographic study with a not-to exceed amount of $20,000.00. DULY ADOPTED THIS 9TH DAY OF JUNE, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 214 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1549 FROM: Kim Creech, CITY TREASURER SUBJECT: Resolution - That certain items are declared surplus and the Mayor and City Treasurer are hereby authroized and directed to dispose of personal property owned by the City of Fairhope via "GovDeals". AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: City 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 215 of 224 RESOLUTION NO. _______ WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: [SEE ATTACHED LIST OF EQUIPMENT] SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by the following method: a. Receiving bids for such property (via “GovDeals”). All such property shall be sold to the highest bidder, provided, however, that the City Council shall grant the authority to the Mayor to reject all bids when, in her opinion, she deems the bids to be less than adequate consideration for the personal property. ADOPTED AND APPROVED THIS 9TH DAY OF JUNE, 2025 _________________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 216 of 224 PROPOSED GOVDEAL ITEMS FOR LIQUIDATION -MAY 2025 Asset #01289 & 01281 -Ditch Witch with Trailer combination -Gas Dept Asset #03319 -Terex/Amida Portable Light -Police Dept Asset #01016-2014 Chevy Tahoe, 1 GNLC2E0XER206932-Police Dept Asset #01035-2012 Chevy Tahoe, 1 GNLC2E02CR248301 -Police Dept JI "fV •~ 1(-e~f>, ·~ ;:::.:A3get H04679 -201 C Chevy Tahee~~,4~ Pe ~~ 1 Pallets of used police car items from liquidated vehicles Pallet of new brake parts from liquidated equipment (Pecan Building) Page 217 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1562 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS Sherry Sullivan, Mayor SUBJECT: Mayor to submit a letter to Energy Southeast, Inc. requesting a total of $30,000.00 through Community Development Grants: $5,000.00 to be used for a mural on the Pedestrian Tunnel; $20,000.00 to be used for operating an Entrepreneurial Development Center (“Hatch”); and the remaining $5,000.00 to be determined. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: That the City of Fairhope authorizes the Mayor to submit a letter to Energy Southeast, Inc. requesting a total of $30,000.00 through Community Development Grants: $5,000.00 to be used for a mural on the Pedestrian Tunnel; $20,000.00 to be used for operating an Entrepreneurial Development Center (“Hatch”); and the remaining $5,000.00 to be determined. BACKGROUND INFORMATION: WHEREAS, the City of Fairhope is in the process of completing its “Flying Creek Nature Preserve Project” and is desirous to put a mural on the Pedestrian Tunnel; and WHEREAS, the City of Fairhope is desirous to continue its partnership with the Baldwin Community and Economic Foundation the 501c3 arm of the Baldwin County Economic Development Alliance, the University of Alabama and Coastal Alabama Community College to operate an Entrepreneurial Development Center (“Hatch”) in space soon to be located in the K-1 Center Building; and WHEREAS, there is funding available for said projects through Community Development Grants from Energy Southeast, Inc. f/k/a Alabama Municipal Electric Authority (AMEA) with a total grant amount of $30,000.00; and WHEREAS, the Energy Southeast grant does not require a match, but does require a letter requesting the grants with an outline of the purpose and intended community/economic development project, program and/or initiative. BUDGET IMPACT/FUNDING SOURCE: Page 218 of 224 Account No. Account Title Current Budget Cost Available Budget 001-41336 Community/Special Project Grant ($30,000.00) ($30,000.00) 001-52040 Grant Expenditure $20,000.00 $20,000.00 ($0.00) GRANT: Community Development 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 219 of 224 RESOLUTION NO. _____ WHEREAS, the City of Fairhope is in the process of completing its “Flying Creek Nature Preserve Project” and is desirous to put a mural on the Pedestrian Tunnel; and WHEREAS, the City of Fairhope is desirous to continue its partnership with the Baldwin Community and Economic Foundation the 501c3 arm of the Baldwin County Economic Development Alliance, the University of Alabama and Coastal Alabama Community College to operate an Entrepreneurial Development Center (“Hatch”) in space soon to be located in the K-1 Center Building; and WHEREAS, there is funding available for said projects through Community Development Grants from Energy Southeast, Inc. f/k/a Alabama Municipal Electric Authority (AMEA) with a total grant amount of $30,000.00; and WHEREAS, the Energy Southeast grant does not require a match, but does require a letter requesting the grants with an outline of the purpose and intended community/economic development project, program and/or initiative. NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope authorizes the Mayor to submit a letter to Energy Southeast, Inc. requesting a total of $30,000.00 through Community Development Grants: $5,000.00 to be used for a mural on the Pedestrian Tunnel; $20,000.00 to be used for operating an Entrepreneurial Development Center (“Hatch”); and the remaining $5,000.00 to be determined. DULY ADOPTED THIS 9TH DAY OF JUNE, 2025 ________________________________ Jack Burrell, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Page 220 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1548 FROM:Jack Burrell, Council President Sherry Sullivan, Mayor SUBJECT: Fairhope Municipal Fountain and Rose Garden shall be named the Timothy M. Kant Fountain and Rose Garden. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: That the City Council hereby adopts and authorizes that the Fairhope Municipal Fountain and Rose Garden shall be named the Timothy M. Kant Fountain and Rose Garden in recognition of his 40-plus years of unselfish dedication to the citizens of Fairhope and the beautification of our Community. BACKGROUND INFORMATION: WHEREAS, on January 28, 1985, City Street Superintendent Timothy M. Kant addressed the City Council regarding a proposed Fountain at the oval at the Municipal Pier; and WHEREAS, Timothy M. Kant served as the City of Fairhope’s first City Horticulturist; WHEREAS, after the initial Municipal Fountain was installed, the Rose Garden was added; and WHEREAS, the City Council is now desirous in naming said Municipal Fountain and Rose Garden as the “Timothy M. Kant Fountain and Rose Garden.” BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: Page 221 of 224 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 222 of 224 RESOLUTION NO. ________ WHEREAS, on January 28, 1985, City Street Superintendent Timothy M. Kant addressed the City Council regarding a proposed Fountain at the oval at the Municipal Pier; and WHEREAS, Timothy M. Kant served as the City of Fairhope’s first City Horticulturist; WHEREAS, after the initial Municipal Fountain was installed, the Rose Garden was added; and WHEREAS, the City Council is now desirous in naming said Municipal Fountain and Rose Garden as the “Timothy M. Kant Fountain and Rose Garden.” BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby adopts and authorizes that the Fairhope Municipal Fountain and Rose Garden shall be named the Timothy M. Kant Fountain and Rose Garden in recognition of his 40-plus years of unselfish dedication to the citizens of Fairhope and the beautification of our Community. Adopted on this 9th day of June, 2025 ______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 223 of 224 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1563 FROM:Marcus McDowell, City Attorney SUBJECT:To discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. AGENDA DATE: June 9, 2025 RECOMMENDED ACTION: That the City Council votes to go into Executive Session to discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. 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 224 of 224