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HomeMy WebLinkAbout04-23-2026 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Thursday, April 23, 2026 - 6:00 PM City Council Chambers Council Members Jack Burrell Joshua Gammon Jimmy Conyers Jay Robinson Andrea Booth Invocation and Pledge of Allegiance Final Adoption Final Adoption Fairhope Historic Pres Page 1 of 168 City Council Regular Meeting April 23, 2026 Page - 2 - 11. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Duplantis Design Group, PC (DDG) for Professional Landscape Architectural and A&E Services for (RFQ PS26- II (GOMESA Funded Project No. 2026-PWD 100) and Phase III (South Tract Off road Bicycling Project No. 2026-PWD 110) with a not-to- Sidewalk Segments along SR-42 (US-98) between Leonard Vaughn Lane and SR ROW, on US-98, SR-104 and SR- include additional Mechanic Ma $5,040.00 per intern for the duration of the 9- noon; and to use the Ci 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 Regular City Council Meeting, Monday, May 11, 2026, 6:00 p.m. Fairhope Municipal Complex Council Chambers 161 North Section Street Page 2 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-271 FROM: Lisa Hanks, City Clerk SUBJECT: Approve minutes of April 13, 2026 Regular City Council Meeting and minutes of April 13, 2026 Work Session AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: Minutes of April 13, 2026 Regular City Council Meeting and minutes of April 13, 2026 Work Session 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 168 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 Monday, 13 April 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Conyers called the meeting to order at 5:48 p.m. The invocation was given by Reverend Michael Precht of Fairhope United Methodist Church, and the Pledge of Allegiance was recited. Councilmember Burrell moved to approve minutes of the March 23, 2026, regular meeting; and minutes of the March 23, 2026, work session. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Earth Day Mobile Bay, Saturday, April 18, 2026, at Fairhope Pier South Beach Park from 10:00 a.m. to 6:00 p.m.; and 2) Community Shred Day, Saturday, April 18, 2026, at 451 Peacan from 10:00 a.m. to 2:00 p.m.; and 3) Fairhope Volunteer Fire Department Open House, Saturday, April 18, 2026, at 19875 Thompson Hall Road from 10:00 a.m. to 1:00 p.m.; and 4) Niki Whitaker with Baldwin County Child Advocacy Center received a Proclamation from Mayor Sullivan for “Child Abuse Prevention Month;” and 5) Chief Hollinghead and three Dispatchers received a Proclamation from Mayor Sullivan for “National Public Safety Telecommunications Week;” and 6) Amy Morris received a Proclamation from Mayor Sullivan for “Donate Life Month;” and 7) Sofia Semisch was announced the winner of the Earth Day Anti-Litter Contest. Mayor Sullivan said that all 5th graders received one of Earth Day T-shirts with Sofia’s artwork on the back; and 8) Lori Dubose, known as “The Voice of Fairhope” and radio broadcaster at WABF has retired after 23 years. She was honored with a Proclamation naming April 13, 2026 as “Lori Dubose Day.” Mayor Sullivan said Ms. Dubose would our emcee whenever needed. She said Ms. Dubose asked the hard questions or for our big ticket items on the agenda; and has always been transparent and the voice we needed. Councilmember Burrell said he enjoyed working with Ms. Dubose; and she did asked the hard questions. He said she will be missed and best of luck to her. Page 4 of 168 13 April 2026 Councilmember Gammon commented that he met her through campaigning and it was beneficial. He said government cannot operate well without an engaged press. Councilmember Robinson said he appreciated time with her on the radio; and outside involvement in the Community. He mentioned her emceeing all events; and said he was appreciative for all she has done. Councilmember Booth told Ms. Dubose that she is a good friend, and said they raised their kids together. She told her, “your Mom and Dad would be proud.” Council President Conyers said he loved working with Ms. Dubose on the radio; and thanked her for her service. Ms. Dubose thanked the City Council and the Mayor. Councilmember Burrell recognized a Boy Scout in the audience and asked him to come to the podium. Jackson Triplett addressed the City Council and said he was working on his Communications Merit Badge. Councilmember Gammon thanked Ms. Dubose and the others that Mayor Sullivan recognized. Councilmember Booth announced a ribbon cutting ceremony will be held at the Fairhope Public Library at 10:00 a.m., on Monday April 2026, for the Local Authors Room. This is a new area just for local authors and should be fun. Councilmember Burrell introduced in writing an ordinance amending the City of Fairhope Code of Ordinances, Chapter 20, Traffic, Article I. In General: Operation of Mobility Devices. Due to lack of a motion for immediate consideration, this ordinance will layover until the April 23, 2026 City Council meeting. Councilmember Burrell introduced in writing an ordinance to amend Ordinance No 1797, Codified as Chapter 2, Article III, Division 8 of the Fairhope Code of Ordinances, to provide for the Process for Designation of Historic Properties and Historic Districts by the Fairhope Historic Preservation Commission to enable the City of Fairhope to attain Certified Local Government ("CLG") status. Due to lack of a motion for immediate consideration, this ordinance will layover until the April 23, 2026 City Council meeting. Attorney Chris Williams gave a brief overview of the proposed ordinance amendment and explained the main reason is to attain Certified Local Government status. Page 5 of 168 13 April 2026 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council grants public funds and things of value in aid of, or to, Gulf Health Hospitals, Inc. for the Purpose of promoting the Economic Development of the City of Fairhope; and the Mayor is hereby authorized and directed to execute, deliver, and cause the City to perform the Development Agreement pursuant to resolution. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Burrell questioned the estimates and underground line. Thomas Hospital is to give $1,000,000.00 toward installation of line. RESOLUTION NO. 5777-26 A RESOLUTION GRANTING PUBLIC FUNDS AND THINGS OF VALUE IN AID OF, OR TO, GULF HEALTH HOSPITALS, INC. FOR THE PURPOSE OF PROMOTING THE ECONOMIC DEVELOPMENT OF THE CITY OF FAIRHOPE WHEREAS, Gulf Health Hospitals, Inc., an Alabama nonprofit corporation (“Gulf Health”), operates Thomas Hospital (the “Hospital”), a nonprofit hospital facility located at the Southwest intersection of Morphy Avenue and Greeno Road within the corporate limits of the City; and WHEREAS, Gulf Health is undertaking an estimated $40,000,000.00 expansion of the Hospital, including a new patient tower which will add 25 beds, a parking area, and space to accommodate further expansion (the “Hospital Project”); and WHEREAS, the City has determined to undertake a project to improve its electric system, which will include the installation of new transmission and distributions lines, among other improvements, in areas near the Hospital (the “Utility Project”); and WHEREAS, Gulf Health has informed the City that the Hospital Project cannot be completed as planned without certain work to relocate a transmission and distribution line, which are currently located in the right of way adjacent to or on the Hospital parcel (the “Line Relocation Work”), and Gulf Health has requested that the Line Relocation Work be included in the Utility Project as more particularly described in the proposed Aid to Construction Agreement between the City and Gulf Health (the “Aid to Construction Agreement”); and WHEREAS, the City included the Line Relocation Work as Alternate #1 in its Advertisement for Bids (Bid No. 25-017) in order to facilitate the segregation of certain costs associated with the Line Relocation Work for payment by Gulf Health; and WHEREAS, the estimated cost of the Line Relocation Work is $1,823,627.14, comprised of the following: (i) $1,011,142.62 for the contractor’s specified price for labor, (ii) $154,000.00 for engineer fees, (iii) $190,000.00 for rock, paving, and sidewalk repairs, and (iv) $468,484.52 for materials; and Page 6 of 168 13 April 2026 WHEREAS, Gulf Health has agreed to contribute $1,000,000.00 as aid to construction for the Line Relocation Work and has informed the City that such amount is the maximum amount that Gulf Health has available to expend for the Line Relocation Work, it being believed that the respective amounts contributed by the City and Gulf Health to the Line Relocation Work represent an appropriate allocation of the costs of the Line Relocation Work between the City and Gulf Health based on the relative benefits to the Hospital Project and other benefits to the City’s electric system; and WHEREAS, in addition to the improvements to the City’s electric system, the Line Relocation Work, by facilitating the Hospital Project, will promote the economic development of the City and will be in the best interests of the City and its citizens by: (i) increasing the availability of health care services in the City, which are vital to the health and wellbeing of the citizens of the City and are crucial in the recruitment of business enterprises to the City; and (ii) increasing the number of health care job opportunities in the City; and WHEREAS, pursuant to Section 94.01 of the Constitution of Alabama of 2022, as amended (the “Economic Development Amendment”), the City is authorized to, among other things, lend its credit to, or grant public funds and things of value in aid of or to any individual, firm, corporation, or business entity, public or private, for the purpose of promoting the economic and industrial development of the City; and WHEREAS, the City has caused to be published a notice in March 25, 2026, a newspaper in circulation in the City, at least seven days prior to the date of the meeting at which this resolution is adopted satisfying the requirements of the Economic Development Amendment. NOW, THEREFORE, be it resolved by the City Council of the City of Fairhope as follows: 1. The recitals set forth in the foregoing preambles are hereby found and declared to be true and correct and are adopted as findings of the Council. 2. It is hereby found and determined that the expenditure of public funds for the Line Relocation Work will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities. 3. The Aid to Construction Agreement is hereby approved, and the Mayor is hereby authorized and directed to execute, deliver, and cause the City to perform the Development Agreement, in substantially the form attached hereto as Exhibit A, with such changes as the Mayor may determine to be necessary or appropriate (the Mayor’s execution thereof being conclusive evidence of such determination). Page 7 of 168 13 April 2026 4. The Mayor, City Clerk, and the other officers of the City are each authorized and empowered to take any and all such further actions as are necessary or convenient to effectuate the purposes of this resolution, and any such actions heretofore taken by them are hereby ratified and confirmed. Adopted this 13th day of April, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sherry Sullivan to execute a Riparian Easement of State-Owned Submerged Lands “Riparian #25-12-014 from the State of Alabama, Department of Conservation and Natural Resources, to the City of Fairhope relating to the state-owned submerged land more particularly described in the Riparian Easement; and hereby authorizes to appropriate funding of $8,021.75 for the first year for the Riparian Easement fees . Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5778-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute a Riparian Easement of State-Owned Submerged Lands “Riparian #25-12-014 from the State of Alabama, Department of Conservation and Natural Resources, State Lands Division, acting by and through its Commissioner (Grantor) to City of Fairhope, an Alabama Municipal Corporation (Grantee) relating to the state-owned submerged land more particularly described in the Riparian Easement. * * Page 8 of 168 13 April 2026 BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes to appropriate funding of $8,021.75 for the first year for the Riparian Easement fees. Adopted on this 13th day of April, 2026 ______________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ PS26 -025) to assist with the USDOT Safe Streets for All (SS4A) Implementation Grant funding program to Kimley-Horn and Associates, Inc.; that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Kimley-Horn and Associates, Inc. with a not-to- exceed contract amount of $25,000.00. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5779-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves a contract with Kimley-Horn to assist with the USDOT Safe Streets for All Implementation Grant funding program in the amount of $25,000.00. Kimley-Horn will provide conceptual designs, planning-level construction cost estimates, and create graphics and formatted application materials. The City’s Grants Coordinator will prepare and submit all required grant application forms. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 168 13 April 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope hereby authorizes and approves the Grant Application for FY2026 Airport Infrastructure Grant funds to Replace Taxiway Lighting System and Guidance Signs Reimbursement Phase I at the H.L. “Sonny” Callahan Airport; and authorizes Mayor Sherry Sullivan to sign the application and any related forms or documents on behalf of the City of Fairhope. The Mayor is hereby authorized to execute an appropriate grant agreement with FAA without further action on the part of the City Council. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5780-26 A RESOLUTION TO APPROVE AND AUTHORIZE THE APPLICATION FOR THE FY2026 AIRPORT INFRASTRUCTURE GRANT FOR H. L. “SONNY” CALLAHAN AIRPORT (KCQF) WHEREAS, the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) (“Airport”) intends to apply for Federal and State matching funds for an Airport Infrastructure Grant (AIG) project during fiscal year 2026; and WHEREAS, the overall scope of the AIG project is to Replace Taxiway Lighting System and Guidance Signs Reimbursement Phase I at the H.L. “Sonny” Callahan Airport (KCQF) that was constructed and funded, in part, in FY25; and WHEREAS, the total project cost for construction was $1,135,026. Total FY25 funding was $967,473 leaving a balance to be reimbursed in FY26 of $169,560 with 95% of the project costs funded by the Federal Aviation Administration (FAA); 2.5% of the project costs funded by the Alabama Department of Transportation (ALDOT); and 2.5% of the project costs funded by Fairhope Airport Authority; and WHEREAS, the application submission deadline is not later than May 15, 2026. THEREFORE, BE IT RESOLVED, by the City of Fairhope, Alabama as follows: 1. That the City of Fairhope is authorized to make an Application for Federal Assistance for the AIG Project for the purpose of seeking Federal funding through the AIG program to Replace Taxiway Lighting System and Guidance Signs Reimbursement Phase I 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. Page 10 of 168 13 April 2026 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 March 10, 2026, hereby affirms that the local matching share of funds in the amount required for this AIG 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 13th day of April, 2026, 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 13th day of April, 2026. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope hereby authorizes and approves the Grant Application for FY2026 Airport Improvement Program Grant funds to Replace the AWOS at the H.L. “Sonny” Callahan Airport; and authorizes Mayor Sherry Sullivan to sign the application and any related forms or documents on behalf of the City of Fairhope. The Mayor is hereby authorized to execute an appropriate grant agreement with FAA without further action on the part of the City Council. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Councilmember Burrell stated that this is a 95% Federal Grant with the State paying 2-1/2% and the Fairhope Airport Authority paying 2-1/2%. Page 11 of 168 13 April 2026 RESOLUTION NO. 5781-26 A RESOLUTION TO APPROVE AND AUTHORIZE THE APPLICATION FOR THE FY2026 AIRPORT IMPROVEMENT PROGRAM GRANT FOR H. L. “SONNY” CALLAHAN AIRPORT (KCQF) WHEREAS, the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) (“Airport”) intends to apply for Federal and State matching funds for an Airport Improvement Program (AIP) project during fiscal year 2026; and WHEREAS, the overall scope of the AIP project is to Replace the AWOS system at the H.L. “Sonny” Callahan Airport (KCQF); and WHEREAS, the total project costs are expected to be $112,158.77, with 95% of the project costs funded by the Federal Aviation Administration (FAA); 2.5% of the project costs funded by the Alabama Department of Transportation (ALDOT); and 2.5% of the project costs funded by Fairhope Airport Authority; and WHEREAS, the application submission deadline is not later than May 15, 2026. THEREFORE, BE IT RESOLVED, by the City of Fairhope, Alabama as follows: 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 the Replace AWOS project 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 April 7, 2026, 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. Page 12 of 168 13 April 2026 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 13th day of April, 2026, 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 13th day of April, 2026. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves the First Amendment to the Shared Parking Facilities Agreement concerning Eastern Shore Village Shopping Center pursuant to Site Plan (SR 22.03). Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Councilmember Burrell said it meets all requirement. * * * * Page 13 of 168 13 April 2026 RESOLUTION NO. 5782-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves the First Amendment to the Shared Parking Facilities Agreement concerning Eastern Shore Village Shopping Center pursuant to Site Plan (SR 22.03). DULY ADOPTED THIS 13TH DAY OF APRIL, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to inform and submit the Municipal Water Pollution Prevention (MWPP) Program Report for 2024 to the Department of Environmental Management. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5783-26 MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to inform the Department of Environmental Management that the following actions were taken by the City Council of the City of Fairhope, Alabama. 1. Reviewed the MWPP Annual Report which is attached to the resolution. 2. Set forth the following actions and schedule necessary to maintain effluent requirement contained in the NPDES Permit, and to prevent the bypass and overflow of raw sewage within the collection system or at the treatment plant: Page 14 of 168 13 April 2026 (a) Continue to locate and repair breaches in the collection system that allow infiltration and flow into the wastewater system. (b) Continue to upgrade transmission capacity to keep pace with growth. (c) Continue to develop maintenance alarms within the SCADA System that encourage a proactive maintenance response to prolong the useful life of pumps and motors in the system. (d) Use the SCADA System using system storage and future side stream storage systems when available. (e) Continue to perform O & M requirements to the treatment and collection system and complete repairs when discovered. Adopted this 13th day of April, 2026 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon 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 the 365 Mershon Lateral Installation to Ballcon, Inc. for a not-to-exceed project cost of $26,500.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Authorize Treasurer to transfer $30,075.00 from Wastewater - Maintenance Collections to Wastewater - System Improvements Collections in the FY2026 Budget. The requested transfer includes materials to be provided by City in an estimated amount of $3,575.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * Page 15 of 168 13 April 2026 RESOLUTION NO. 5784-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the 365 Mershon Lateral Installation to Ballcon, Inc. for a not-to-exceed project cost of $26,500.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out; and authorizes Treasurer to transfer $30,075.00 from Wastewater - Maintenance Collections to Wastewater - System Improvements Collections in the FY2026 Budget. The requested transfer includes materials to be provided by City in an estimated amount of $3,575.00. Councilmember Burrell gave a shoutout to Staff for getting quotes instead of using the on call contractor. DULY ADOPTED ON THIS 13TH DAY OF APRIL, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes the submission of a Pipeline and Hazardous Materials Safety Administration (PHMSA) Grant to the US Department of Transportation (USDOT) for the FY2026 Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program for Gas Pipe Replacement. The grant amount is approximately $14,000,000.00 and will cover the remaining four phases of pipe replacement. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * Page 16 of 168 13 April 2026 RESOLUTION NO. 5785-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes the submission of a Pipeline and Hazardous Materials Safety Administration (PHMSA) Grant to the US Department of Transportation (USDOT) for the FY2026 Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program for Gas Pipe Replacement. The grant amount is approximately $14,000,000.00 and will cover the remaining four phases of pipe replacement. ADOPTED ON THIS 13TH DAY OF APRIL, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of inventory for Residential and Commercial Gas Meters for the Gas Department to be purchased from Ed Young Sales Company, Inc. as Sole Source Distributor; exempt from formal bid pursuant to Code of Alabama 1975, Section 41- 16-51(b)(7). The total amount not-to-exceed $80,963.04 plus freight. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5786-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of inventory for Residential and Commercial Gas Meters for the Gas Department to be purchased from Ed Young Sales Company, Inc. as Sole Source Distributor; exempt from formal bid pursuant to Code of Alabama 1975, Section 41-16- 51(b)(7). The total amount not-to-exceed $80,963.04 plus freight. ADOPTED ON THIS 13TH DAY OF APRIL, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 168 13 April 2026 Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS26-023) for New Sidewalks along CR-13 from Sedgefield Dr. to Fox Hollow & Pecan Park to Nichols Ave. to Sawgrass Consulting, LLC.; that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Sawgrass Consulting, LLC. with a not-to- exceed amount of $25,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5787-26 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 PS26-023) for New Sidewalks along CR- 13 from Sedgefield Dr. to Fox Hollow & Pecan Park to Nichols Ave. to Sawgrass Consulting, LLC; and hereby authorizes Mayor Sherry Sullivan to execute a Contract with Sawgrass Consulting, LLC with a not-to-exceed amount of $25,000.00. DULY ADOPTED THIS 13TH DAY OF APRIL, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember 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 Neel-Schaffer, Inc. for Professional Construction Engineering and Inspection (CE&I) Services (RFQ PS26-020) for the Construction of New Sidewalks along Parker Road with a not-to-exceed amount of $36,892.58. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Councilmember Burrell said that this Agenda Item and Agenda Item No. 17 are both MPO Projects. Page 18 of 168 13 April 2026 RESOLUTION NO. 5788-26 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 Construction Engineering and Inspection (CE&I) Services (RFQ PS26- 020) for the Construction of New Sidewalks along Parker Road to Neel-Schaffer, Inc; and hereby authorizes Mayor Sherry Sullivan to execute a Contract with a not-to- exceed amount of $36,892.58. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Architectural and Engineering Services for (RFQ PS26-022) for the James P. Nix Center West Porch/Promenade Repairs to Cypress Coast Consulting; that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Cypress Coast Consulting with a not-to-exceed amount of $8,961.25; and authorizes the Treasurer to transfer $8,961.25 from Adult Recreation - Professional Services to Adult Recreation - Capital Improvements in the FY2026 Budget. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * Page 19 of 168 13 April 2026 RESOLUTION NO. 5789-26 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 Architectural and Engineering Services for (RFQ PS26-022) for the James P. Nix Center West Porch/Promenade Repairs to Cypress Coast Consulting; that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Cypress Coast Consulting with a not-to-exceed amount of $8,961.25; and authorizes the Treasurer to transfer $8,961.25 from Adult Recreation - Professional Services to Adult Recreation - Capital Improvements in the FY2026 Budget. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth 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 Pyro Productions Inc. for a Professional Consultant for (RFQ PS26-021) Design and Production of Fireworks Display for the 4th of July 2026 with a not-to-exceed amount of $40,000.00; pursuant to Code of Alabama, "Pyrotechnic Shooter Law.” Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * * Page 20 of 168 13 April 2026 RESOLUTION NO. 5790-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, hat Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS26 -021) Design and Production of Fireworks Display for the 4th of July 2026 with a not-to-exceed amount of $40,000.00; pursuant to Code of Alabama, “Pyrotechnic Shooter Law”. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves Contract Amendment No. 4 for (Bid No. 25-008) Pest Control Annual Contract with Wayne's Pest Control Services LLC with an additional not-to-exceed annual amount of $858.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not-to-exceed annual amount of $14,426.68. Additionally, there is an initial fee of $144.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5791-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves Contract Amendment No. 4 for (Bid No. 25 -008) Pest Control Annual Contract with Wayne’s Pest Control Services LLC with an additional not -to-exceed amount of $858.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not-to-exceed annual amount of $14,426.68. Additionally, there is an initial fee of $144.00. DULY ADOPTED THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 168 13 April 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-004-2022-PWI-004) to Roy Lewis Construction Corporation for City of Fairhope's Hurricane Safe Room with a bid proposal not-to-exceed $1,891,800.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5792-26 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. 26-004-2022- PWI-004) for the City of Fairhope First Responder’s Hurricane Safe Room. [2] At the appointed time and place, the following bids were opened and tabulated as follows: [3] After evaluating the bid proposals with the required bid specifications, Roy Lewis Construction Corporation is now awarded (Bid No. 26-004-2022-PWI-004) for the City of Fairhope First Responder’s Hurricane Safe Room with a bid proposal not -to-exceed $1,891,800.00. ADOPTED ON THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 22 of 168 13 April 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement between the Alabama Law Enforcement Agency and the City of Fairhope Police Department to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children Task Force. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5793-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement between the Alabama Law Enforcement Agency and the City of Fairhope Police Department to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children Task Force. ADOPTED ON THIS 13TH DAY OF APRIL, 2026 _____________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope has voted to approve the procurement of the installation of fiber optic cabling in the Police Facility from Network Cabling Services, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15). The cost will not-to- exceed $2,950.00. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Page 23 of 168 13 April 2026 RESOLUTION NO. 5794-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to approve the procurement of the installation of fiber optic cabling in the Police Facility from Network Cabling Services, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15). The cost will not-to-exceed $2,950.00. ADOPTED ON THIS 13TH DAY OF APRIL, 2026 ____________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-036-2026-REC-100) to SiteOne Landscape Supply, LLC for Barnwell Youth Football Improvements – Lesco CarbonPro-G or Equivalent with a bid proposal not-to-exceed $7,185.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5795-26 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 bid for (Bid No. 26-036-2026- REC-100) for Barnwell Youth Football Improvements – Lesco CarbonPro-G or Equivalent for the City of Fairhope Recreation Department. [2] At the appointed time and place, the following bid was opened and tabulated as follows: Barnwell Youth Football Improvements Lesco CarbonPro-G or Equivalent Page 24 of 168 13 April 2026 [3] After evaluating the bid proposals with the required bid specifications, SiteOne Landscape Supply, LLC, with a bid proposal not-to-exceed $7,185.00, is now awarded the bid for Barnwell Youth Football Improvements – Lesco CarbonPro-G or Equivalent. ADOPTED ON THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon 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 RFQ 2026-REC-100-A to Barnwell Youth Football Improvements – Pearl Valley RPM Accelerator or Equivalent to Green Point Ag for a not-to-exceed cost of $6,600.00. Per the Code of Alabama 1975, Section 41-16- 50(b)(4). Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5796-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for RFQ 2026-REC-100-A to Barnwell Youth Football Improvements – Pearl Valley RPM Accelerator or Equivalent to Green Point Ag for a not-to-exceed cost of $6,600.00. Per the Code of Alabama 1975, Section 41-16-50(b)(4). DULY ADOPTED ON THIS 13TH DAY OF APRIL, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 25 of 168 13 April 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes and approves the addition of one (1) temporary Director of Golf Operations/Golf Professional position to the FY2026 Budget to align with the retirement of the incumbent who will work with and train their replacement. This will be beneficial to the City as well as the new employee. The temporary position will expire at the end of the 2026 Fiscal Year. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5797-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes and approves the addition of one (1) temporary Director of Golf Operations/Golf Professional position to the FY2026 Budget to align with the retirement of the incumbent who will work with and train their replacement. This will be beneficial to the City as well as the new employee. The temporary position will expire at the end of the 2026 Fiscal Year. ADOPTED THIS 13TH DAY OF APRIL 2026 ____________________________ James Reid Conyers, Jr. Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes and approves the hiring of two (2) new Sanitation Equipment Operator III positions to allow the current Sanitation Equipment Operators, who are retiring May 1, 2026 and June 1, 2026 respectively, to work with and train the new employees prior to their leaving. This will be beneficial to the City as well as the new hires. The temporary positions will expire upon each of the retirements as listed. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 26 of 168 13 April 2026 RESOLUTION NO. 5798-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes and approves the hiring of two (2) new Sanitation Equipment Operator III positions to allow the current Sanitation Equipment Operators, who are retiring May 1, 2026 and June 1, 2026 respectively, to work with and train the new employees prior to their leaving. This will be beneficial to the City as well as the new hires. The temporary positions will expire upon each of the retirements as listed. ADOPTED THIS 13TH DAY OF APRIL 2026 ____________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves Contract Amendment No. 1 for (Bid No. 25-042) for City Employee Uniform Shirts Annual Contract with Van Horn Miller Enterprises d/b/a Deep South Apparel for an additional item of a Back Logo for a cost not-to-exceed $1.25 each; and authorizes Mayor Sherry Sullivan to execute contract amendment. The contract total will remain the same with a not-to-exceed annual amount of $100,000.00. Seconded by Councilmember Booth, motion passed unanimously by voice vote. * * * Page 27 of 168 13 April 2026 RESOLUTION NO. 5799-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves Contract Amendment No. 1 (Bid No. 25-042) for City Employee Uniform Shirts Annual Contract with Van Horn Miller Enterprises d/b/a Deep South Apparel for an additional item of a Back Logo for a cost not-to-exceed $1.25 each; and authorizes Mayor Sherry Sullivan to execute contract amendment. The contract total will remain the same with a not-to-exceed annual amount of $100,000.00. ADOPTED ON THIS 13TH DAY OF APRIL 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term sheet with the Lender respecting the Warrant. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5800-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term sheet with the Lender respecting the Warrant. DULY ADPOTED ON THIS 13TH DAY OF APRIL 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 28 of 168 13 April 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes the City Treasurer to reimburse itself from warrant issue proceeds for planning the design, construction, and financing of various capital improvements to the water works plant and distribution system and the sanitary sewer system. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5801-26 BE IT RESOLVED by the City Council (the "Council") of the City of Fairhope, Alabama (the "City"), as follows: Section 1. Findings. The City has ascertained and does hereby find and declare as follows: (a) The City is in the process of planning the design, construction, and financing of certain various capital improvements to the water works plant and distribution system and the sanitary sewer system of the City (collectively the "Improvements"); and (b) The City intends to issue, in one or more series of General Obligation and/or Utility Revenue Warrants in the approximate aggregate principal amount of $75,000,000 (collectively the "Warrants"), for the purpose of paying a portion of the costs of acquiring, providing, equipping, and constructing the Improvements and paying the costs of issuing the Warrants; and (c) The City expects to issue the Warrants during the second half of calendar year 2026; and (d) Prior to issuance of the Warrants, the City expects to incur certain costs and make certain expenditures out of the general fund of the City in connection with the Improvements; and (e) The City expects to allocate to itself, from the proceeds of the Warrants, up to $15,000,000 of such proceeds to reimburse the City for the expenditures made prior to the date of issuance of the Warrants. Section 2. Official Intent. The City hereby declares its official intent to allocate a portion of the proceeds of the Warrants to reimburse the general fund of the City for expenditures incurred after the date that is no more than sixty (60) days prior to the date of the adoption of this resolution, but prior to the issuance of the Warrants, in connection with the acquisition, provision, equipping , and construction of the Improvements. This resolution is being adopted pursuant to the requirements of the Internal Revenue Code of 1986, as amended, and Treasury Regulations Section 1.150 -2(e) promulgated thereunder. ADOPTED THIS 13TH DAY OF APRIL, 2026 CITY OF FAIRHOPE A Municipal Corporation ______________________________ James Reid Conyers, Jr. City Council President ATTEST: _____________________________ Lisa A. Hanks, MMC City Clerk Page 29 of 168 13 April 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to authorize the Treasurer to complete a FY2026 Budget transfer for the Water Department from System Improvement-Distribution to Maintenance-Plants/Wells in the amount of $200,000.00 for well repairs. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5802-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, To authorize the Treasurer to complete a FY2026 Budget transfer for the Water Department from System Improvement-Distribution to Maintenance-Plants/Wells in the amount of $200,000.00 for well repairs. DULY ADPOTED ON THIS 13TH DAY OF APRIL 2026 _____________________________ James Reid Conyers, Jr Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon moved to approve the recommendation from the Street & Traffic Committee for additional signal lights, if needed, with left turn signals for downtown. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Robinson moved to approve the recommendation from the Recreation Board that the City Council accepts the most recent Phase One recommendations from Gonzalez-Strength & Associates as the final requirements of GSA’s contract with the City of Fairhope. Seconded by Councilmember Booth, motion passed unanimously by voice vote. City Council reviewed an application for a Specialty Retailer of Consumable Hemp Products by Melissa B. Lane, Lane Beckner LLC, d/b/a Kathy's Package Store, 18153 Wright Blvd., Fairhope, Alabama 36532. Councilmember Burrell moved to approve the issuance of the license. Seconded by Councilmember Booth, motion passed by the following voice votes: AYE – Burrell, Conyers, Robinson, and Booth. NAY – Gammon. Page 30 of 168 13 April 2026 City Council reviewed an application for a Special Events License by Thomas Bratton McGregor, Bottles Up Mobile Inc. d/b/a Bottles Up Mobile, Eastern Shore Art Center event on May 7, 2026, at 401 Oak St., Fairhope, Alabama 36532. Councilmember Robinson moved to approve the issuance of the license. Seconded by Councilmember Booth, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Lou Siemer, 116 Easton Circle, addressed the City Council and thanked the Mayor and City Council for what they do for the City. He asked about the debt and bonds that the City has now. Mr. Siemer said Councilmember Burrell is like a “hawk” and that is good. Councilmember Burrell said we have a 1.2% loan and earning 3% on our money. City Treasurer Kim Creech explained the new loan, the City’s debt, and answered any questions if needed. Council President Conyers stated we must do a bond issue or a loan for critical infrastructure. 2) Rebecca Titford, 553 Marsim Drive, addressed the City Council regarding the moratorium and when it ends. She mentioned heritage size trees being cut down; and property being clear cut. She asked if everyone had to abide by the Tree Ordinance. Mayor Sullivan mentioned property rights of homeowners. She was told the City cannot do anything on private property. 3) Mayor Sullivan announced that City Clerk Lisa Hanks made copies of the April 20, 2026 Special City Council Meeting Agenda and put those on the back table. Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Booth, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:53 p.m. James Reid Conyers, Jr., Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 31 of 168 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, 13 April 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon (arrived at 4:45 p.m.), Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Conyers called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the Agenda was the Discussion of the Amendment to the Fairhope Historic Preservation Commission Ordinance No. 1797. Attorney Chris Williams explained the need for an amendment and the timeline of events that happened between the State Historic Commission, the Fairhope Historic Preservation Commission, and the Federal agency. The main reason for the amendment is to attain Certified Local Government status for an historic preservation incentives. The draft Ordinance was approved by the State but was not approved by the Federal agency. There must be an additional decision by the City Council and many Public Hearings for any designation of Historic Districts and Historic Properties. Councilmember Robinson said this change does not set Historic Districts but steps if we ever choose to. Councilmember Burrell commented nothing forces that forces the City Council to set Districts; and multiple hearings would have to happen. Council President Conyers said the only reason this proposed Ordinance was implemented was for CLG status. The consensus of the City Council was to move forward with this Ordinance. • The Presentation of the Eagle Scout Project: New Trailhead Kiosk and Hole Signs for Colony Parks Disc Golf and Cost Assessment by Bennett Sawyer with Troop 5087 was next on the Agenda. (See attached handout) Mr. Sawyer briefly went over the presentation; and answered any question if needed. The consensus of the City Council was Option 3 with a simple design that matches the fence that was installed by another Boy Scout (his brother). It will be cheap and fits the vibe of the course. • Councilmember Burrell said the Fairhope Airport Authority has a couple of Agenda Items; and asked the City Council to support the resolutions. • Councilmember Booth mentioned the Friends of the Fairhope Library are having a brunch; and there will be a ribbon cutting for the new Local Authors Room. • Council President Conyers said the Fairhope Public Schools Commission met and discussed the new 3-Mill school requests. He attended the Fairhope Airport Authority meeting in Councilmember Burrell’s place and said there was good discussion. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Items No. 24 and No. 12; and answered any questions if needed. Page 32 of 168 Monday, 13 April 2026 Page -2- • Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Items No. 15, No. 16, and No. 29; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 8, No. 17, No. 18, No. 19, No. 22, and No. 33; and answered any questions if needed. He mentioned the Twin Beech Corridor Study will on the next Work Session. • Planning and Zoning Director Hunter Simmons addressed the City Council regarding Agenda Item No. 12; and answered any questions if needed. He announced that the Special City Council Meeting for April 20, 2026 Agenda has been posted. • City Treasurer Kim Creech addressed the City Council regarding Agenda Items No. 27, No. 28, No. 30, No. 31, and No. 32; and answered any questions if needed. She said $15,000,000.00 in Projects have already been awarded. (See attached) • Recreation Director Pat White addressed the City Council regarding Agenda Item s No. 21, No. 25, No. 26, and No. 34; and answered any questions if needed. • Interim Public Works Director John Thomas Agenda Items No. 9 and No. 28; and answered any questions if needed. He announced the retirements of Chris Smith with 15 years and Tyrone Davis with 18 years. • Chief Stephanie Hollinghead addressed the City Council regarding Agenda Items No. 23, No. 35, No. 36, and No. 5; and answered any questions if needed. She explained the Operation of Mobility Devices Ordinance, the penalties, and the need for education. • Utilities Engineer Noel Berry addressed the City Council regarding Agenda Items No. 13 and No. 14; and answered any questions if needed. • Mayor Sullivan addressed the City Council regarding Agenda Items No. 7 and No. 20; and answered any questions if needed. • Councilmember Burrell addressed the City Council regarding Agenda Items No. 10 and No. 11; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:35 p.m. ______________________________ James Reid Conyers, Jr. Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 33 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-830 FROM: Stephanie Hollinghead, Chief of Police SUBJECT: An Ordinance amending the City of Fairhope Code of Ordinances, Chapter 20, Traffic, Article I. In General: Operation of Mobility Devices. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance amending the City of Fairhope Code of Ordinances, Chapter 20, Traffic, Article I. In General: Operation of Mobility Devices. 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 34 of 168 ORDINANCE NO._____ AN ORDINANCE AMENDING THE CITY OF FAIRHOPE CODE OF ORDINANCES, CHAPTER 20, TRAFFIC, ARTICLE I. IN GENERAL: OPERATION OF MOBILITY DEVICES WHEREAS, in recent years the number of mobility devices, many with electric- driven power assistance, has increased dramatically, both because of personal ownership and the number of rentals; and WHEREAS, the City Council of Fairhope finds that the unsafe operation of regulated mobility devices on all public property and private property open to the public for pedestrian and bicycle travel poses a significant risk to the safety and welfare of persons, pedestrians, motorists, and children throughout the City; and WHEREAS, the purpose of this Ordinance is to implement reasonable regulations on the operation and use of these types of mobility devices pursuant to the City's police power to protect the public health, safety, and welfare, to better promote the safe use and operation of regulated mobility devices, to prevent vehicular and pedestrian conflicts and other traffic hazards, to prevent hazards to public safety, and to enhance pedestrian and motorist safety. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I. The Code of Ordinances, City of Fairhope, Alabama, Chapter 20: Traffic is hereby amended to reflect the following changes and additions: CHAPTER 20 TRAFFIC ARTICLE I. IN GENERAL Sec. 20-21. Definitions. In addition to the definitions set forth elsewhere in this Code, for purposes of this Ordinance, the words and phrases defined herein shall be construed in accordance with the following definitions: Bicycle is a vehicle composed of two wheels held in a frame propelled by pedals and steered with handlebars. Electric bicycle is a bicycle whose propulsion is enhanced by an electric-driven motor and also has the same meaning as in Alabama Code Section 32-5A-267, as it may be amended from time to time. Electric personal assistive mobility device is an electric-driven self-balanced vehicle, more commonly known as a Segway or Hoverboard. **This ordinance does not apply to wheelchairs or other power-driven mobility devices used by individuals with mobility disabilities, as defined by the Americans with Disabilities Act (ADA). Electrically motorized board is a one or two-wheeled board, more commonly known as an electric skateboard. Motorized scooter is a two-wheeled electric scooter with an upright handlebar and rectangular platform on which the rider stands. Operate means to ride, operate, and/or otherwise control a regulated mobility device other than walking such device. Page 35 of 168 Ordinance No. ____ Page -2- Regulated mobility device means an electric bicycle, electric personal assistive mobility device, electrically motorized board, motorized scooter, shared mobility device, and any other similar mobility device. Sidewalk means the portion of the public right-of-way between the curb line of any street, road, highway, bicycle lane, or other thoroughfare designed for vehicular travel and the adjacent property line, or any other paved path or walkway, which is intended for pedestrian travel, whether publicly or privately owned and/or maintained. Sec. 20-22. ADA Exemptions. The following provisions shall not apply to wheelchairs or other mobility devices used by individuals with disabilities: • Speed limits • Operating location restrictions • Parking or placement restrictions • Enforcement provisions The City shall accommodate the use of wheelchairs and OPDMDs by individuals with mobility disabilities as required under the ADA and 28 CFR § 35.137. Sec. 20-23. Unlawful operation of regulated mobility devices. It shall be unlawful and a violation of this Ordinance for any person to operate a bicycle or regulated mobility device in an unsafe manner on any street, road, highway, sidewalk, bike path, bike lane, trail, park, or upon any private property which is held open to the public for pedestrian travel. Operating a bicycle or regulated mobility device in an unsafe manner includes any one or more of the following: (a) Violating any provision of the City of Fairhope Municipal Code, Alabama Rules of the Road, or other laws or regulations applicable to the use or operation of any bicycle or regulated mobility device. (b) Operating on any street, road, highway, or bicycle lane against the direction of traffic. (c) Operating upon any public drainage facility, culvert, ditch, or channel. (d) Operating in a manner other than the manner in which the bicycle or regulated mobility device was designed, including carrying more than one passenger or carrying passengers on the bicycle or regulated mobility device in a manner other than as designed. (e) Operating on any street, road, highway, bicycle path, bicycle lane, trail, or sidewalk with more than two bicycles or regulated mobility devices side-by-side. (f) Operating at a speed greater than the posted speed limit on any street, road, or highway, or any posted speed limit on any bicycle path, bicycle lane, or designated multi-use path. (g) Operating a bicycle or regulated mobility device on a sidewalk that has not been designated by the City of Fairhope for use by both pedestrians and bicycles or regulated mobility devices. Page 36 of 168 Ordinance No. ____ Page -3- (h) Operating while hitched to or physically attached to any moving vehicle or motorized device. (i) Operating while allowing another person who is not a passenger to either cling to or to be physically attached to the bicycle or regulated mobility device. (j) Operating while lifting one or more wheels into the air. (k) Operating while failing to yield the right-of-way to any and all pedestrians or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk. (l) Passing a pedestrian or other cyclist without first either ringing a bell or audibly warning such pedestrian or cyclist of the intention to pass by calling out “passing on your left” sufficiently in advance of passing. (m) Operating while failing to obey any posted signs regulating operation, including speed limit signs or signs prohibiting or limiting operation in specific areas. (n) A person under the age of 18 operating without a properly fitted and fastened helmet, including a passenger under the age of 18. (o) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering, modifying, or adjusting the motor settings to increase the speed of the device, unless the required label indicating the classification is appropriately replaced. Sec. 20-24 Designated speed limits and posted prohibited operation areas. (a) The City Council of Fairhope may by resolution designate and declare any street, road, highway, sidewalk, trail, or other area generally open to public access, or portions thereof, to be locations where the operation of bicycles or regulated mobility devices are prohibited, or may require such areas to be designated as dismount zones only. (b) The Fairhope Police Department is authorized to post maximum speed limits in high traffic areas, or in areas presenting a danger to the public safety of persons, pedestrians, motorists, or children, as it deems reasonable and necessary to safeguard and protect the public. (c) The Mayor is authorized to cause signs and/or markings to be placed giving notice of such prohibitions as necessary to implement the regulations established by Subsection (a) and (b) above. Sec. 21-25 Penalties. Any person who violates the provisions of this Ordinance shall be guilty of an offense against the City and upon conviction shall be punished as follows: (a) A fine of $250.00 for a first violation. (b) A fine of $400.00 for a second violation of this Ordinance within one year from the date of the first violation. (c) A fine of $500.00 for each additional violation of this Ordinance within one year from the date of the first violation. Page 37 of 168 Ordinance No. ____ Page -4- (d) If a person under the age of 18 is found in violation of any provisions of this Ordinance, and no parent or legal guardian is present, and the unsafe manner in which the bicycles or regulated mobility devices that were operated constitutes an immediate danger to the health and safety of the juvenile operator and/or to members of the public, the police officer may take immediate possession of the bicycles or regulated mobility device and transport the device for safekeeping to the nearest City facility; thereafter, the regulated mobility device shall be released by the City to the legal owner of the device and/or to the parent or legal guardian of the person under the age of 18, upon payment of a $50.00 impoundment fee. (e) If a person under the age of 18 is found in violation of any provision of this Chapter, and no parent or legal guardian is present; the police officer may also contact the parent or legal guardian of the person under the age of 18 to notify them of the violation. SECTION II. SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION III. EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 23RD DAY OF APRIL, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: _____________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 23RD DAY OF APRIL, 2026 ______________________________ Sherry Sullivan, Mayor Page 38 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-831 FROM: Jay Robinson, Councilmember SUBJECT: An Ordinance to amend Ordinance No 1797, Codified as Chapter 2, Article III, Division 8 of the Fairhope Code of Ordinances, to provide for the Process for Designation of Historic Properties and Historic Districts by the Fairhope Historic Preservation Commission to enable the City of Fairhope to attain Certified Local Government ("CLG") status. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance to amend Ordinance No 1797, Codified as Chapter 2, Article III, Division 8 of the Fairhope Code of Ordinances, to provide for the Process for Designation of Historic Properties and Historic Districts by the Fairhope Historic Preservation Commission to enable the City of Fairhope to attain Certified Local Government ("CLG") status. 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: Page 39 of 168 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 40 of 168 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 1797, CODIFIED AS CHAPTER 2, ARTICLE III, DIVISION 8 OF THE FAIRHOPE CODE OF ORDINANCES, TO PROVIDE FOR THE PROCESS FOR DESIGNATION OF HISTORIC PROPERTIES AND HISTORIC DISTRICTS BY THE FAIRHOPE HISTORIC PRESERVATION COMMISSION WHEREAS, the City Council of Fairhope, Alabama enacted Ordinance No. 1797 and established the Fairhope Historic Preservation Commission (the “Commission”) pursuant to Alabama Code § 11-68-1 et seq.; and WHEREAS, the City of Fairhope, Alabama applied to become a Certified Local Government (“CLG”) with the Alabama Historical Commission and the State, Tribal, Local, Plans & Grants Division of the National Park Service pursuant to the National Historic Preservation Act; and WHEREAS, the City of Fairhope, Alabama was advised that Ordinance 1797 must be amended to establish the process of designation of Historic Districts and Historic Properties in accordance with Federal and State law to attain CLG status; and WHEREAS, the City Council desires to amend Ordinance No. 1797 to establish the process for designation of Historic Districts and Historic Properties to enable the City of Fairhope to attain CLG status. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section III of Fairhope Ordinance No. 1797 (codified as Section 2-190 of the Fairhope Code of Ordinances) is hereby repealed and replaced with Section III as follows, and further that Fairhope Ordinance No. 1797 is amended to add Section IV as follows: Section III: Recommendation and Designation of Historic Districts and Properties A. Preliminary Research by Commission 1. The Commission shall compile and collect information and conduct surveys of historic resources within the City of Fairhope in accordance with the rules and regulations of the Alabama Historical Commission. 2. The Commission shall present to the City Council recommendations for Historic Districts and Historic Properties. 3. Prior to the Commission's recommendation of a Historic District or Historic Property to the City Council for designation, the Commission shall prepare a report consisting of: a. a physical description; b. a statement of the historical, cultural, architectural, and/or aesthetic significance; c. a map showing district boundaries and classification (i.e., historic, non- historic) of individual properties therein, or showing boundaries of individual Historic Properties; d. a statement justifying district or individual property boundaries; e. representative photographs. B. Designation of a Historic District 1. A Historic District is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which: Page 41 of 168 Ordinance No. ____ Page -2- a. represents one or more periods, styles, or types of architecture typical of one or more eras in the history of the municipality, county, state, or region; b. represents a significant aspect of the cultural, political, economic, military, or social history of the locality, region, state, or nation; c. has had a significant relationship with the life of a historic person or event, representing a major aspect of the history of the locality, region, state, or nation; d. is a part of the historic, architectural, archaeological, or aesthetic heritage of the locality, region, state, or nation; e. contains vernacular structures which contribute to an overall character and sense of place which is representative of the City of Fairhope. 2. Boundaries of a Historic District designated by City Council shall be shown on the Official Zoning Map or other designated map kept as a public record to provide notice of such designation. 3. Evaluation of properties within Historic Districts: Individual properties within Historic Districts shall be classified as: a. contributing (contributes to the district); b. non-contributing (does not contribute to the district). C. Designation of a Historic Property 1. A Historic Property is a building, structure, or site deemed worthy of preservation by reason of value to the City of Fairhope for one of the following reasons: a. it is an outstanding example of a structure representative of its era; b. it is one of the few remaining examples of past architectural style; c. it is a place or structure associated with an event of persons of historic or cultural significance to the City of Fairhope, State of Alabama, or the region; d. it is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region; or e. the building or structure is an example of an architectural style, or combination of architectural styles, which is representative of the City of Fairhope, or which is unique to the City of Fairhope. 2. A Historic Property designated by City Council shall be shown on the Official Zoning Map or other designated map kept as a public record to provide notice of such designation. D. Requirements for Adopting an Ordinance for the Designation of Historic Districts and Historic Properties 1. Application for Designation of Historic Districts or Property: Designations may be proposed by the City Council, the Commission, or: a. for Historic Districts - a historical society, neighborhood association or group of property Owners may apply to the Commission for designation; b. for Historic Properties - a historical society, neighborhood association or property Owner may apply to the Commission for designation. 2. Required Components of a Designation Ordinance: Any ordinance designating any property or district as historic shall: a. list each property in a proposed Historic District or describe the proposed individual Historic Property; Page 42 of 168 Ordinance No. ____ Page -3- b. set forth the name(s) of the Owner(s) of the designated property or properties; and c. require that a Certificate of Appropriateness be obtained from the Commission prior to any Material Change in appearance of the designated property. 3. Required Public Hearings: The Commission shall hold a public hearing on any proposed ordinance for the designation of any Historic District or Historic Property. Notice of the hearing shall be published in accordance with the notice requirements of the City of Fairhope and Alabama law. A notice of such hearing shall be sent via United States Mail to the last-known Owner of the property shown on the Baldwin County tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant under this ordinance. 4. Recommendations on Proposed Designations: A recommendation in support, or with proposed revisions, or in opposition to the proposed Designation Ordinance shall be made by the Commission in the form of a recommendation to the City Council. 5. City Council Action on Commission Recommendation: Following receipt of the Commission's recommendation, the City Council may adopt the Designation Ordinance as proposed, may adopt the Designation Ordinance with any amendments it deems necessary, may return the Designation Ordinance to the Commission for further evaluation, or reject the ordinance. 6. Notification of Adoption of Ordinance for Designation: Within thirty (30) days following the adoption of the Designation Ordinance by the City Council, the Commission shall give written notification to the Owners and occupants of each designated Historic Property, and the Owners and occupants of each building, structure or site within a designated Historic District, which notice shall apprise said Owners and occupants of the necessity of obtaining a Certificate of Appropriateness prior to undertaking any Material Change in appearance of the Historic Property designated or within the Historic District designated. A notice sent via the United States Mail to the last-known Owner of the property shown on the Baldwin County tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant shall constitute legal notification to the Owner and occupant under this ordinance. The Commission shall also notify all agencies of the City of Fairhope of the Designation Ordinance following adoption by City Council. Section IV: Application to Historic Preservation Commission for Certificate of Appropriateness A. Approval of Alterations, Demolitions, or New Construction in Historic Districts or Involving Historic Properties 1. After the designation by Ordinance of a Historic Property or of a Historic District, no Historic Property may be demolished, no building or structure in a Historic District may be erected or demolished and no Material Change shall be made to the exterior appearance of such Historic Property, or of a structure, or site within such Historic District, unless or until the application for a Certificate of Appropriateness has been approved by the Commission, except that no Certificate of Appropriateness shall be required by the City for the demolition of all or part of a structure, building or other property deemed to be a public nuisance and ordered to be demolished by the City Council. 2. “Material Change” is defined as:– a change in appearance that will affect either the exterior architectural features of a Historic Property or any building, structure, site, of a property within a local Historic District, or designated by the City Council as a Historic Property including, but not limited to: (1) Reconstruction or alteration of the size, shape, facade or elevation of a Historic Property, including, but not limited to, relocation or replacement of any doors or windows removal or alteration of any architectural features, façade details or elements; Page 43 of 168 Ordinance No. ____ Page -4- (2) Demolition or relocation of a Historic Property; (3) Commencement of excavation for construction purposes; or (4) Any exterior work that must be permitted by the City. B. Approval of New Construction within Historic Districts 1. The Commission shall issue Certificates of Appropriateness (COA) to new structures constructed within designated Historic Districts if these structures conform in design, scale, building materials, setback and landscaping to the character of the district specified in the design criteria developed by the Commission. C. Approval of Signs Within Historic Districts 1. Signs shall be considered as structures and no sign on a Historic Property or in a Historic District shall be changed, erected or demolished unless and until a Certificate of Appropriateness is approved by the Commission. D. Demolition Within Historic Districts 1. The Commission shall not grant Certificates of Appropriateness for the demolition or relocation of a Historic Property or any property within a Historic District unless the Commission finds that the removal or relocation of such building and/or structure will not be detrimental to the historical or architectural character of the district. In making this determination, the Commission shall consider: a. The historic or architectural significance of the structure in or of itself or as part of the district; b. The importance of the structure to the integrity of the Historic District, the immediate vicinity, area, or relationships to other structures; c. The difficulty or the impossibility of reproducing the structure because of its design, texture, material, detail, or unique location; d. Whether the structure is one of the last remaining examples of its kind in the neighborhood, the county, or the region or is a good example of its type, or is part of an ensemble of historic buildings creating a neighborhood; e. Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what effect such plans will have on the architectural, cultural, historical, archaeological, social, or aesthetic nature of the district. 2. Content of Applications. All applications to demolish or relocate a structure in a Historic District shall contain the following minimum information: a. The date the Owner acquired the property, purchase price, and condition on date of acquisition; b. Replacement construction plans for the property in question and future use; c. Financial proof of the ability to complete the replacement project, which may include but not be limited to a performance bond, a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institution; and d. Such other information as may be reasonably required by the Commission. 3. In no event shall the Commission entertain any application for the demolition or relocation of any Historic Property unless the applicant also presents at the same time the post-demolition or post relocation plans for the site. E. Approval of Alterations or Demolitions of Public Property Within Historic Districts or Public Property Which Has Been Designated as a Historic Property Page 44 of 168 Ordinance No. ____ Page -5- 1. The requirement of a Certificate of Appropriateness shall apply to public property which has been designated as a Historic Property or which is contained in a Historic District as set forth in this Ordinance, and shall apply to all actions by public authorities which involve Historic Properties and properties within Historic Districts. F. Interior Alternations 1. In its review of applications for Certificates of Appropriateness, the Commission shall not consider interior arrangement or use having no effect on Exterior Architectural Features. G. Failure to Maintain a Historic Property 1. Demolition by neglect and the failure to maintain a Historic Property or a structure in a Historic District shall constitute a change for which a Certificate of Appropriateness is necessary. H. Guidelines and Criteria for Certificates of Appropriateness 1. The Historic Preservation Commission shall approve an application and issue a Certificate of Appropriateness if it finds that the proposed change, erection, or demolition conforms to the general design standards established by the Commission, is compatible with the character of the Historic Property or Historic District and does not detract from the value of the Historic Property or Historic District. 2. The Commission shall adopt rules and regulations setting forth the procedure for submission and consideration of applications for Certificates of Appropriateness. The Commission shall also adopt general design standards modeled on those established by the Alabama Historic Commission which shall apply in considering the approval or denial of Certificates of Appropriateness. I. Submission of Plans to Commission 1. An application for a Certificate of Appropriateness shall be submitted at least thirty (30) days before the next regularly scheduled Commission meeting and shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the Commission, Staff, or other representatives of the City of Fairhope. Applications involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site. J. Response to Applications for Certificate of Appropriateness 1. The Commission shall approve the application and issue a Certificate of Appropriateness if it finds that the proposed Material Change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the Historic Property or the Historic District. In making this determination, the Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involved and the relationship thereof to the exterior architectural style and pertinent features of the other structures in the immediate neighborhood. 2. The Commission shall deny a Certificate of Appropriateness if it finds that the proposed Material Change(s) in appearance would have substantial adverse effects on the aesthetic, historic, or architectural significance and value of the Historic Property or the Historic District. K. Public Meetings and Hearings on Applications for Certificates of Appropriateness 1. Applications for Certificates of Appropriateness shall be considered by the Commission at public meetings, held at the regularly scheduled Commission monthly meeting. Page 45 of 168 Ordinance No. ____ Page -6- At least seven (7) days prior to review of a Certificate of Appropriateness, the Commission shall take such action as may be reasonably required to inform the Owners of any property likely to be affected by reason of the application, and shall give applicant and such Owners notice of the opportunity to be heard at the public hearing. E. Approval or Rejection of Application for Certificate of Appropriateness 1. The Commission shall approve or reject an application for a Certificate of Appropriateness at a public meeting within sixty (60) days from the submission of a completed application, including all necessary supporting documentation, by the Owner or occupant of a Historic Property, or of a historic building, structure, or site, located within a Historic District. Evidence of approval shall be by a Certificate of Appropriateness issued by the Commission. Notice of the issuance or denial of a Certificate of Appropriateness shall be sent by United States Mail to the applicant and all other persons who have requested such notice in writing filed with the Commission. Failure of the Commission to act within sixty (60) days shall constitute approval and no other evidence of approval shall be needed. An applicant requesting a delay or a Commission-adopted motion to holdover an application shall relieve the Commission of the 60-day deadline. F. Necessary Actions to be Taken by Commission upon Rejection of Application for Certificate of Appropriateness 1. In the event the Commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant, and the City Clerk. The Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after making any modifications. 2. In cases where the application covers a Material Change in the exterior appearance of a Historic Property or designated building, structure, or site within a Historic District which would require the issuance of a building permit, the rejection of the application for a Certificate of Appropriateness by the Commission shall be binding upon the Building Department or other relevant Departments of the City charged with issuing permits or approvals and, in such cases, no building permit shall be issued. G. Appeals 1. Any person having a request for a Certificate of Appropriateness denied by the Commission as hereinafter provided, may appeal such denial to the Circuit Court of Baldwin County, Alabama within thirty (30) days of the Commission’s decision. 2. Standard of Review. The appeal shall be determined solely on the question of whether the Commission, in rendering its decision, acted beyond the limits of its powers or abused its discretion. H. Certificate of Economic Hardship 1. If the Commission denies an application for a Certificate of Appropriateness, a property Owner may apply for a Certificate of Economic Hardship. The purpose of the Certificate of Economic Hardship is to provide relief where the application of this Ordinance would otherwise impose a Substantial Economic Hardship. 2. Burden of Proof. The burden of proof rests on the applicant to show that the denial of the Certificate of Appropriateness will result in a Substantial Economic Hardship. 3. Applications. The applicant shall provide such information as may be reasonably required by the Commission to establish the Owner’s claim of Substantial Economic Hardship. The data provided by the applicant must be substantiated by proof. The Commission may request additional information from the applicant as necessary to make informed decisions. Certificates of Economic Hardship are granted only to the applicant and are not transferable. Page 46 of 168 Ordinance No. ____ Page -7- 2. Standards for Consideration. In making its determination, the Commission may consider, but is not limited to, the following described factors, evidence, and testimony: a. Date property was acquired and status of the property under this Ordinance at the time of acquisition, e.g., whether property was protected by this Ordinance, condition at the time of acquisition, etc. b. The structural soundness of the building, or any structures on the property and their suitability for rehabilitation. c. The current level of economic return on the property. d. The economic feasibility of rehabilitation or reuse of the existing property. e. Comments and/or reports from any community organizations, preservation groups, other associations and private citizens that wish to comment on a submission made under the financial hardship provision; and f. The extent to which the Owner is responsible for his or her own economic hardship, if any, such as the Owner’s failure to: 1. Perform normal maintenance and repairs; 2. The Owner’s purchase of the subject property after the enactment of this Ordinance without making said purchase contingent upon the Owner’s first obtaining the approvals required by this Ordinance. 3. Hearing. The Commission shall hold a public hearing as soon as practical but no later than sixty (60) days following receipt of a completed application for a Certificate of Economic Hardship. Notice shall be provided in the same manner the Commission uses for hearings on Certificates of Appropriateness. At the public hearing, the Owner and any other interested parties shall have the right to speak to the Commission and discuss the applicability of the standards set forth above. The Commission shall make its decision at the public hearing. If the Commission fails to timely hold a public hearing the application for a Certificate of Economic Hardship shall be deemed granted. 4. Denial. If the Commission determines to deny the application for a Certificate of Economic Hardship, the applicant shall be notified in writing and shall be provided a copy of the Commission’s final order. 5. Issuance of Certificate. The certificate may be subject to conditions including design guidelines for subsequent construction not inconsistent with the standards set forth in this Ordinance and the Commission’s design guidelines. The Certificate of Economic Hardship shall be valid for a period of one hundred twenty (120) days from approval by the Commission. P. Record of Applications for Certificate of Appropriateness and Certificates of Economic Hardship 1. The Commission shall keep a public record of all applications for Certificates of Appropriateness and of all the Commission's proceedings in connection with said application. Q. Certificate of Appropriateness Void if Construction not Commenced 1. A Certificate of Appropriateness shall become void unless construction is commenced within twelve (12) months from the date of issuance. Certificates of Appropriateness are renewable for one (1) additional twelve-month period. R. Requirements of Conformance with Certificate of Appropriateness 1. All work performed pursuant to a Certificate of Appropriateness shall strictly comply with all conditions of such certificate. In the event work is not performed in accordance with such Certificate, the City may issue a stop work or cease-and- desist order. Page 47 of 168 Ordinance No. ____ Page -8- 2. The City Council shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any Material Change in appearance of a designated Historic Property or Historic District, except those changes made in compliance with the provisions of this Ordinance or to prevent any illegal act or conduct with respect to such Historic Property or Historic District. S. Affirmation of Existing Building and Zoning Codes 1. Nothing in this Ordinance shall be construed as to exempt property owners from complying with existing City building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations. The provisions, sections, paragraphs, sentences, clauses, phrases, and parts thereof of this Ordinance are severable, and if any provision, section, paragraph, sentence, clause, phrase, or part thereof of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, then such ruling shall not affect any other provision, section, paragraph, sentence, clause, phrase, or part thereof, since the same would have been enacted by the Council without the incorporation of any such unconstitutional or invalid provision, section, paragraph, sentence, clause, phrase, or part thereof. This Ordinance shall go into effect upon its passage and publication as provided by law. Adopted and Approved this 23rd day of April, 2026 James Reid Conyers, Jr. Council President ATTEST: Lisa A. Hanks, MMC City Clerk Adopted and Approved this 23rd day of April, 2026 Sherry Sullivan, Mayor CERTIFICATE OF CLERK I, Lisa A. Hanks, MMC, City Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing copy of Ordinance No. ________ is a true and correct copy of such Ordinance that was duly adopted by the City Council of Fairhope, Alabama, on the 23rd day of April, 2026, as same appears in the official records of said City. Posted at City Hall, Public Works Building, and Planning Building on this the ______ day of April, 2026. Lisa A. Hanks, MMC City Clerk Page 48 of 168 Page 49 of 168 Page 50 of 168 Page 51 of 168 Page 52 of 168 Page 53 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-826 FROM: Kim Creech, City Treasurer SUBJECT: City of Fairhope General Obligation Water and Sewer Warrant, Series 2026, in the principal amount of $30,000,000.00 necessary for capital improvements to the combined water works plant and distribution system and sanitary sewer system. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: Council to adopt ordinance and authorize execution of closing documents. BACKGROUND INFORMATION: The City expects to issue its General Obligation Water and Sewer Warrant, Series 2026-A, to be dated the date of delivery (the "2026-A Warrant"), to the Lender prior to the May 1, 2026 final maturity date of the 2024 Warrant. Upon review of the 3 responses, the City, in consultation with its municipal advisors, has determined the lending proposal from PNC Bank (the "Lender") offers the terms most favorable to the City. Prior to the City's preparation, negotiation and adoption of an ordinance (the "authorizing Ordinance") authorizing the issuance of the Warrant, it will be necessary for the City to execute a term sheet with the Lender to evidence the intent of the City to issue the Warrant to the Lender. Previous Council Action: March 21, 2024 - Resolution No. 5015-24 Authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term sheet with the lender for the General Obligation Water and Sewer Warrant, Series 2024, in the amount of $25,000,000.00; and Authorize the Mayor, City Clerk and City Treasurer are each hereby authorized and directed to execute such agreements or documents and to take such other actions as may be necessary or desirable to effect the provisions of the resolution. April 8, 2024 - Ordinance No. 1796 Authorizes the issuance of the City's General Obligation Water and Sewer Warrant, Series 2024, in the Principal Amount of $25,000.000.00. Page 54 of 168 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Bond Counsel Lee Birchall preparing ordinance and closing documents. FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Treasurer, Kim Creech Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 55 of 168 ORDINANCE NO. ______ AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, DELIVERY, AND PAYMENT OF THE CITY’S $30,000,000 PRINCIPAL AMOUNT GENERAL OBLIGATION WATER AND SEWER WARRANT, SERIES 2026-A, TO BE DATED THE DATE OF DELIVERY, TO PNC BANK, NATIONAL ASSOCIATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA AS FOLLOWS: Section 1. Findings and Representations. The City of Fairhope (the “City”), by and through the City Council, its governing body, does hereby find, determine, represent, and warrant as follows: (a) pursuant to the City's long-term capital improvements plan, the City issued its General Obligation Water and Sewer Warrant, Series 2024, dated April 11, 2024 (the "2024 Warrant"), in order to finance certain initial capital water and sewer system improvements as set forth in said plan; (b) the 2024 Warrant has a final maturity date of May 1, 2026 and is outstanding in the approximate principal amount of $25 million; (c) the City plans to currently refund the 2024 Warrant prior to its May 1, 2026 maturity date on a short-term basis and to acquire approximately $5 million of funds for additional water and sewer system improvements (the "2026 Improvements"); (d) in furtherance of such purposes, the City requested terms sheets from three banking institutions with whom the City has established relationships in order to assess the City's financing options; (e) after reviewing the responses, the City, in consultation with its municipal advisor, PFM Financial Advisors LLC, has determined that the proposal of PNC Bank, National Association (the "Bank"), offers the terms most favorable to the City. (f) The City's obligation to the Bank for the aforesaid loan will be evidenced by a General Obligation Water and Sewer Warrant, Series 2026-A, to be dated the date of delivery (the “Warrant”), which will be executed and delivered to the Bank on or before April 30, 2026. (g) The net assessed valuation of taxable property in the corporate limits of the City, as assessed for municipal taxation and on which taxes were due and payable on October 1, 20 25, including motor vehicles, is not less than $855,828,674, and the total indebtedness of the City following the issuance of the Warrant chargeable against the debt limitation for the City prescribed by the Constitution of Alabama of 2022, as amended, will not be more than twenty percent of said assessed valuation. (h) The City acknowledges and agrees that the Bank is purchasing the Warrant in evidence of a privately negotiated loan, and, in that connection, the Warrant shall not be (i) assigned a separate rating by any municipal securities rating agency, (ii) registered with DTC or any other securities depository, (iii) issued pursuant to any type of offering document or official statement, or (iv) assigned a CUSIP number by Standard & Poor's CUSIP Service. Page 56 of 168 2 (i) The City acknowledges that the Bank and their representatives are not registered municipal advisors and do not provide advice to municipal entities or obligated persons with respect to municipal financial products or the issuance of municipal securities (including regarding the structure, timing, terms and similar matters concerning municipal financial products or municipal securities issuances) or engage in the solicitation of municipal entities or obligated persons for the provision by non -affiliated persons of municipal advisory services and/or investment advisory services. With respect to this Ordinance and any information, materials or communications provided by Bank: (1) Bank and its representatives are not recommending an action to any municipal entity or obligated person; (2) Bank and its representatives are not acting as an advisor to any municipal entity or obligated person and do not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to any municipal entity or obligated person with respect to such Ordinance, information, materials or communications; (3) Bank and its representatives are acting for their own interests; and (4) the City has been informed that City should discuss this Ordinance and any such other information, materials or communications with any and all internal and external advisors and experts that the City deems appropriate before acting on this Ordinance or any such other information, materials or communications. (j) The City represents and warrants to the Bank that neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of any such person. The City further represents and warrants to the Bank that the City is not directly or indirectly, engaged in, nor facilitating, the transactions contemplated by this transaction on behalf of any person named as a Specially Designated National and Blocked Person. (k) The City will allow the Bank to identify the City and the receipt(s) of any proceeds of the Warrant in accordance with the USA PATRIOT Act. Section 2. Authorization and Description of Warrant; Payment of Warrant. (a) The City shall borrow an aggregate amount not exceeding $30,000,000 for the purposes set forth in Section 1(c) hereof, and the City shall issue the aforesaid Warrant therefor to the Bank, to evidence a term loan extended thereby to the City for such purposes. (b) The Warrant shall (1) be dated the date of initial delivery and payment, (2) bear interest at a variable rate equal to the sum of (i) 79% of the Secured Overnight Financing Rate (SOFR) plus (ii) 0.30%; provided, however, that in no event shall the interest rate be less than 0.30%, (3) be payable as to principal and interest in a single payment at maturity on November 1, 2026, unless redeemed prior to maturity , (5) be subject to redemption prior to maturity at any time in any amount, without premium or penalty, at the option of the City, and (6) be registered and transferred, all as provided therefor in the form of the Warrant in Section 4 herein. (c) The principal of and interest on the Warrant shall be payable in lawful money of the United States of America, at the designated office of the registered owner thereof at par and without discount, exchange or deduction or charge therefor, as set forth in the form of the Warrant in Section 4 . Section 3. Authorization of Single Advance. The Mayor and the City Treasurer are authorized and directed to request a single disbursement of the net proceeds of the Warrant in order to carry out the purposes of this Ordinance. Page 57 of 168 3 Section 4. Form of Warrant. The Warrant shall be in substantially the following form: THIS WARRANT IS A RESTRICTED SECURITY WITHIN THE MEANING OF SECURITIES AND EXCHANGE COMMISSION ("SEC") RULE 144(a)(3) UNDER THE SECURITIES ACT OF 1933 ("1933 ACT") AND ANY SALE OR TRANSFER OF THIS WARRANT MUST BE MADE IN COMPLIANCE WITH THE CONDITIONS OF SEC RULE 144 OR RULE 144A UNDER THE 1933 ACT OR IN COMPLIANCE WITH ANOTHER EXEMPTION FROM REGISTRATION UNDER THE 1933 ACT. UNITED STATES OF AMERICA STATE OF ALABAMA CITY OF FAIRHOPE GENERAL OBLIGATION WATER AND SEWER WARRANT SERIES 2026-A No. R-1 $30,000,000 THE CITY OF FAIRHOPE, a municipal corporation organized and existing under and by virtue of the laws of the State of Alabama (the "City"), for value received, hereby acknowledges itself indebted to and does hereby order and direct the Treasurer of the City to pay, solely out of the special warrant fund hereinafter described, to PNC BANK, NATIONAL ASSOCIATION (herein called the "Payee"), and its successors and assigns, the principal sum of THIRTY MILLION DOLLARS ($30,000,000) as hereafter provided, and to pay, solely from the said warrant fund, the interest on the outstanding principal amount hereof (computed on an actual/360 basis), at a variable per annum rate of interest equal to the sum of (i) 79% of the Secured Overnight Financing Rate (SOFR) plus (ii) 0.30% (provided, however, that in no event shall the interest rate on this Warrant at any time be less than 0.30%), as follows: (a) On November 1, 2026, the interest accrued on the outstanding principal amount of this Warrant; and (b) On November 1, 2026, the outstanding principal amount this Warrant. Payment of the principal hereof and interest hereon shall be made at the office of the Payee or at such other place as shall be designated to the City in writing by the Payee, provided the final payment of principal of and interest on this Warrant shall be made only upon presentation and surrender of this Warrant to the City for cancellation. The City may, on any date, pay in advance the entire unpaid principal balance of this Warrant or any lesser portion or portions thereof by paying to the Payee the principal amount to be prepaid, plus interest accrued on such principal amount to the date of such prepayment, without premium or penalty. This Warrant is issued pursuant to the Constitution and laws of the State of Alabama, including the provisions of Section 11-47-2 et seq. of the CODE OF ALABAMA 1975, as amended, and an Ordinance and proceedings of the governing body of the City adopted April 23, 2026 (the "Authorizing Proceedings") for the purposes described in the Authorizing Proceedings. Page 58 of 168 4 The principal of and interest on this Warrant is a general obligation of the City and the full faith and credit of the City are pledged to the payment of the principal of and interest on the Warrant. The City has established in the Authorizing Proceedings a special fund designated "Series 2026-A General Obligation Water and Sewer Warrant Fund" for the payment of the principal of and interest on the Warrant, and has obligated itself to pay or cause to paid into said Fund from the taxes and revenues of the City sums sufficient to provide for the payment of the principal of and interest on this Warrant as the same matures and comes due. This Warrant is recorded and registered as to principal and interest in the name of the owner on the book of registration maintained for that purpose by the City. The person in whose name this Warrant is registered shall be deemed and regarded as the absolute owner hereof for all purposes and payment of the principal of and interest on this Warrant shall be made only to or upon the order of the registered owner hereof or its legal representative, and neither the City nor any agent of the City shall be affected by any notice to the contrary. Payment of principal of and interest on this Warrant shall be valid and effectual to satisfy and discharge the liability of the City upon this Warrant to the extent of the amounts so paid. This Warrant may be transferred only upon written request of the registered owner or its legal representative addressed to the City, such transfer to be recorded on said book of registration and endorsed hereon by the City. Upon presentation to the City for transfer, this Warrant must be accompanied by a written instrument or instruments of transfer satisfactory to the City, duly executed by the registered owner or its attorney duly authorized in writing, and the City shall endorse on the schedule attached hereto for such purpose the principal amount of this Warrant unpaid and the interest accrued hereon to the date of transfer. No charge shall be made for the privilege of transfer, but the registered owner of this Warrant requesting any such transfer shall pay any tax or other governmental charge required to be paid with respect thereto. It is hereby recited, certified and declared that the indebtedness evidenced and ordered paid by this Warrant is lawfully due without condition, abatement or offset of any description and that all acts, conditions and things required by the Constitution and laws of the State of Alabama to happen, exist and be performed precedent to and in the execution, registration and issuance of this Warrant and the adoption of the Authorizing Proceedings have happened, do exist and have been performed in time, form and manner as so required. IN WITNESS WHEREOF, the City, acting by and through its governing body, has caused this Warrant to be executed in its name and on its behalf by its Mayor and its municipal seal to be hereunto affixed and attested by its City Clerk, and has caused this Warrant to be dated April _____, 2026. CITY OF FAIRHOPE S E A L By ____________________________ Its Mayor Attest:_________________________________ City Clerk Page 59 of 168 5 REGISTRATION CERTIFICATE I hereby certify that this Warrant has been duly registered by me as a claim against the City of Fairhope and the Series 2026-A Warrant Fund referred to herein. City Treasurer REGISTRATION OF OWNERSHIP This Warrant is recorded and registered on the registry books of the City of Fairhope in the name of the last owner named below. The principal of and interest on this Warrant shall be payable only to or upon the order of such registered owner. Date of In Whose Name Signature of Authorized Registration Registered Officer of City April ____, 2026 PNC Bank, N.A. , City Clerk ________________ ___________________ _________________________ ENDORSEMENT BY CITY OF UNPAID PRINCIPAL AND ACCRUED INTEREST ON DATE OF TRANSFER Date of Principal Accrued Interest on Signature of Authorized Transfer Unpaid Date of Transfer Officer of City ________ _________ ________________ ______________________ ________ _________ ________________ ______________________ Section 5. Execution of the Warrant. The Warrant shall be manually executed in the name and on behalf of the City by the Mayor and shall be manually attested by the City Clerk of the City, and the official seal of the City shall be manually imprinted thereon. The Registration Certificate shall be executed by the City Treasurer. The Registration of Ownership of the Warrant shall be executed by the City Clerk of the City who shall make the endorsements provided at the time of any transfer. Said officers are hereby directed to so execute, attest and register the Warrant and to make the appropriate endorsements and notations, if any, thereon. Section 6. General Obligation; Warrant Fund. (a) The Warrant and the interest thereon shall constitute a general obligation debt of the City. The Warrant is an obligation of the City to which the general faith and credit of the City is pledged. (b) To secure the payment of the principal of and interest on the Warrant and to secure for the benefit of the registered owner of the Warrant the faithful performance of all of the covenants and provisions contained herein, in the manner and to the extent so provided, the City (1) does hereby pledge unto the registered owner of the Warrant and its registered assigns the full faith and credit of the City, (2) does hereby create and establish a special fund designated the "Series 2026-A General Obligation Water and Sewer Page 60 of 168 6 Warrant Fund" (the "Warrant Fund"), which shall be held by the Bank, as custodian and paying agent of the Warrant and (3) does hereby covenant and agree to pay or cause to be paid into the Warrant Fund a sufficient amount of the revenues and taxes of the City. (c) The City further covenants and agrees to collect or cause to be collected all taxes and revenues when due and to apply the same as provided in this Ordinance. Section 7. Expenses of Collection; Interest After Maturity. The City covenants and agrees that, if the principal of and interest on the Warrant are not paid promptly as such principal and interest matures and comes due, it will pay to the registered owner of the Warrant or its registered assignees all expenses incident to the collection of any unpaid portion thereof, including a reasonable attorney's fee. To the extent permitted by applicable law, the Warrant and the interest thereon shall bear interest at a rate equal to the greater of (i) the PNC Prime Rate, as announced by the Bank from time to time in its sole discretion, plus 3.00%, (ii) the Overnight Bank Funding Rate plus 3.50%, or (iii) 9.00%, from and after the maturity or due date(s) thereof, if not then paid. Section 8. Federal Tax Exemption; No Designation of Warrant Pursuant to Section 265 of the Code. The City recognizes that the Series 2026-A Warrant is being sold on the basis that the interest payable on the Series 2026-A Warrant is excludable from gross income of the registered owners thereof for federal income taxation under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). The City hereby covenants and agrees with the registered owner from time to time of the Series 2026-A Warrant that: (a) the proceeds of the Series 2026-A Warrant will be used solely for the governmental purposes for which the Series 2026-A Warrant is issued; (b) none of the proceeds of the Series 2026-A Warrant will be applied for any "private business use" nor will any part of the proceeds of the Series 2026-A Warrant be used (directly or indirectly) to make or finance loans to persons other than a governmental unit; (c) the payment of the principal of or interest on the Series 2026-A Warrant will not be (under the terms of the Series 2026-A Warrant or any underlying arrangements) directly or indirectly (i) secured in any way by any interest in property used or to be used for a "private business use" or by payments in respect of such property or (ii) derived from payments (whether or not to the City) in respect of property, or borrowed money, used or to be used for a "private business use;" (d) the proceeds of the Series 2026-A Warrant shall not be used or applied by it, and the taxes or other revenues of the City shall not be accumulated in the Warrant Fund in such a manner, and no investment thereof shall be made, as to cause the Series 2026-A Warrant to be or become an "arbitrage bond," as that term is defined in Section 148 of the Code; (e) the City will comply with the requirements of Section 148(f) of the Code with respect to any required rebate to the United States; (f) the City will make no use of the proceeds of the Series 2026-A Warrant that would cause the Series 2026-A Warrant to be "federally guaranteed" under Section 149(b) of the Code and the payment of the principal of and interest on the Series 2026-A Warrant shall not be (directly or indirectly) "federally guaranteed" (in whole or in part) as described in said Section, except as otherwise permitted in said Section; Page 61 of 168 7 (g) to the extent permitted by law, the City will not take any action, or omit to take any action, with respect to the Series 2026-A Warrant that would cause the interest on the Series 2026-A Warrant not to be and remain excludable from gross income pursuant to the provisions of Section 103 of the Code; and, (h) however, the City has not designated the Series 2026-A Warrant as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Cod e. The Series 2026-A Warrant is not "bank qualified." Section 9. Financial Reporting. The City agrees to provide (i) its audited financial statements to the Bank within 180 days of the end of the prior fiscal year, if not otherwise available to the Bank on the EMMA website, beginning with the fiscal year ending September 30, 2026, (ii) its general fund budget for the fiscal year beginning October 1, 2026 not later than October 31, 2026, or within 30 days of adoption by the City Council, and (iii) such other financial information as may be reasonably requested by the Bank and available to the City. A failure by the City to comply with any of the foregoing reporting requirements shall not constitute an event of default hereunder. Section 10. Event of Default; Determination of Taxability (a) The failure by the City to pay the principal of and interest on the Warrant within 30 days of the due date shall constitute an event of default, the remedy to the Bank for which shall be its right to seek a writ of mandamus from the Courts in Baldwin County, Alabama, seeking to compel the City to make such payment. The Warrant shall bear interest at the rate set forth in Section 7 upon the occurrence of an event of default. (b) Upon the final, non-appealable determination by the IRS that the interest on the Warrant is taxable to the holder thereof, as a result solely of the action or inaction of the City, the interest rate on the Warrant shall be recalculated to equal a taxable-equivalent rate based on the prior tax-exempt interest rate on the Warrant, from the date that the interest on the Warrant to the holder thereof is taxable to the date of payment. Section 11. Authorization of Issuance of Warrant. (a) The Mayor and the City Clerk, or either of them, are hereby authorized and directed to effect delivery of the Warrant to the Bank and in connection therewith to deliver such closing papers containing such representations as are required to demonstrate the legality and validity of the Warrant and the absence of pending or threatened litigation with respect thereto. (b) The City Clerk of the City shall give a receipt to the said purchaser for the purchase price paid, and such receipt shall be full acquittal to the said purchaser and the said purchaser shall not be required to see to or be responsible for the application of the proceeds of the Warrant. Nevertheless, the proceeds of the Warrant shall be applied solely to the purposes herein referenced. Section 12. Entire Agreement; Severability. This Ordinance represents the entire agreement of the Bank and the City. The provisions of this Ordinance are severable. In the event that any one or more of such provisions or the provisions of the Warrant shall, for any reason, be held illegal or invalid, such illegality or invalidity shall not affect the other provisions of this Ordinance or of the Warrant, and this Ordinance and the Warrant shall be construed and enforced as if such illegal or invalid provision had not been contained herein or therein. Page 62 of 168 8 Section 13. Repeal of Conflicting Provisions. All ordinances, proceedings and orders or parts thereof in conflict with this Ordinance are, to the extent of such conflict, hereby repealed. Section 14. Provisions of Ordinance a Contract. The terms, provisions and conditions set forth in this Ordinance constitute a contract between the City and the registered owner of the Warrant and shall remain in effect until the principal of and interest on the Warrant shall have been paid in full. Page 63 of 168 * * * There being no further business to come before the meeting, it was moved and seconded that the meeting be adjourned. Motion carried. CITY OF FAIRHOPE A Municipal Corporation ________________________________ James Reid Conyers, Jr. City Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk APPROVED this ______ day of April, 2026 ________________________________ Sherry Sullivan, Mayor Page 64 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-816 FROM: Kim Creech, City Treasurer Stephanie Hollinghead, Chief of Police SUBJECT: Resolution — Authorize the Treasurer to complete a FY2026 Budget transfer for the Police Department. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: Resolution - To authorize the Treasurer to complete a FY2026 Budget transfer for the Police Department from Communications to Capital Purchases Equipment in the amount of $23,092.32 for additional phone setup for current Dispatch system. BACKGROUND INFORMATION: The additional phone setup for use with the current Dispatch phone system was budgeted to Communications, after reviewing the procurement requisition it was determined this item should be capitalized. The Treasurer requests to transfer the budgeted expense to Capital Purchases Vehicles and Equipment. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150-50470 Police - Vehicles & Equipment $0.00 $23,092.32 ($23,092.32) 001150-50380 Line 150 Police - Communications $23,092.32 $0.00 $0.00 Authorize the Treasurer to complete a FY2026 Budget transfer for the Police Department from Communications to Capital Purchases Equipment in the amount of $23,092.32. GRANT: Page 65 of 168 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 66 of 168 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes the Treasurer to complete a FY2026 Budget transfer for the Police Department from Communications to Capital Purchases Equipment in the amount of $23,092.32 for additional phone setup for current Dispatch system. Adopted on this 23rd day of April, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 67 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-822 FROM: Sherry Sullivan, Mayor SUBJECT: Mayor Sullivan to send a 30-day notice to terminate the Contract with Maynard Nexsen, P.C. pursuant to “Fee Structure and Contract Terms” section in the Engagement Letter; and authorizes Mayor Sullivan to sign the necessary paperwork for said termination. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That the City Council hereby authorizes Mayor Sullivan to send a 30-day notice to terminate the Contract with Maynard Nexsen, P.C. pursuant to “Fee Structure and Contract Terms” section in the Engagement Letter; and authorizes Mayor Sullivan to sign the necessary paperwork for said termination. BACKGROUND INFORMATION: RESOLUTION NO. 5609-25: That the City Council hereby authorizes Mayor Sherry Sullivan to execute a three (3) year agreement with Maynard Nexsen from October 2025 to September 2028, with a retainer fee of Eight Thousand Five Hundred Dollars ($8,500.00) per month; plus reimburse monthly for all reasonable travel and other meeting-related expenses incurred in the performance of services under the agreement. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 68 of 168 Individual(s) responsible for follow up: Treasury will end contract in system once final contract termination date is defined. Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 69 of 168 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sullivan to send a 30-day notice to terminate the Contract with Maynard Nexsen, P.C. pursuant to “Fee Structure and Contract Terms” section in the Engagement Letter; and authorizes Mayor Sullivan to sign the necessary paperwork for said termination. DULY ADOPTED THIS 23RD DAY OF APRIL, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 70 of 168 Page 71 of 168 Page 72 of 168 Page 73 of 168 RESOLUTION NO. 5609-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That the City Council hereby authorizes Mayor Sherry Sullivan to execute a three (3) year agreement with Maynard Nexsen from October 2025 to September 2028 , with a retainer fee of Eight Thousand Five Hundred Dollars ($8 ,500 .00) per month; plus reimburse monthly for all reasonable travel and other meeting-related expenses incurred in the performance of services under the agreement. DULY ADOPTED THIS 13TH DAY OF OCTOBER 2025 Attest: k,!idL ~ A anks,MMC City Clerk Page 74 of 168 Jjl MAYNARD NEXSEN Sherry Sullivan Mayor City of Fairhope 161 North Section Street Fairhope, AL 36532 October I , 2025 Re: Engagement of Maynard Nexsen, P.C. Dear Mayor Sullivan: Dayne Cutre ll DIRECT 205 .254 . J 083 EMAIL: dcutrell @ maynardnexsen .com The law firm of Maynard Nexsen P.C. (the "F irm ") appreciates the opportunity to present a continued engagement proposal for consideration to the City of Fairhope ("the Client") with respect to the range of services more specifically set forth below. The purpose of this letter is to outline the scope of services that we, the Firm, would perform in the representation of the City of Fairhope . Scope of Services The Firm will be engaged to provide government affairs services and assistance , which may include lobbying , as well as assist in special projects and provide strategic consulting advice from time to time. I will be your primary contact but expect that other attorneys and staff could also be involved in this representation. You can anticipate that I may delegate certain aspects of a project or undertaking to others who have special expertise or who may be able to perform such work more efficiently or economically. However, you should never hesitate to contact me whenever yo u have questions or comments concerning any matter. Fe e Structure and Contrac t Terms T he fee for the serv ices described above will be billed at $8,500 per month as a standard fi xe d price , retainer fee contract, commencing October 1, 2025 , for three (3) consecutive years expiring at the end of Septe mber 2028. In addition to the monthly retainer fee, the C ity of Fairhope shal l reimbur se the Firm monthly for all reasonable travel and other meeting-related expenses incurred in the performance of services under this agreement ("Agreement"). I will not , however , incur expenses in excess of $1 ,000 per month without yo u and /or your designee's prior approval. Payment is expected on a mo nthly basis beginnin g when the contract takes effect as outlined above. 1901 Sixth Ave . North I Suite 1700 I Birmingham, AL 35203 I 205 .254 .1000 I maynardnexsen.com Page 75 of 168 City of Fa irhope Engagement Letter October I , 2025 Page 2 of 3 Either party will be allowed to terminate this Agreement upon a thirty (30) day written notice with payment on a pro-rated basis up through the date of termination . Also , unless required by applicable law , the terms of our representation shall be confidential and shall not be disclosed to any third party without prior written consent of either party , as appropriate. I do not perceive any conflict of interest related to the Firm 's representation of the City of Fairhope as outlined in this Agreement. If any such conflict should arise , I will notify you promptly and take appropriate action . You agree that the Firm 's representation for the limited purposes of this Agreement shall not be used as a basis for disqualifying the Firm from representing a client on a matter that is not related to the work to be performed pursuant to the terms of this Agreement. I am confident that any relationship with other clients will not affect the Firm 's ability to represent the City of Fairhope zealously in any way. By consenting to the Firm 's representation of the City of Fairhope in thi s Agreement, you acknowledge and assent to the Firm 's continuing representation of other clients as outlined above. No Guarantee of Outcome or Result I will strive to do my best to meet the City of Fairhope's needs in this and any other matter the Firm subsequently undertake s on its behalf. However, the Firm cannot and does not make any representation or warranties concerning the outcome of this or any representation provided . I will provide my best advice , render opinions , and seek to obtain the desired result. In this regard , it is most important that we communicate regularly. If yo u have any que stio ns about th e terms of this engagement or the billing arrangements noted abo v e, please let me know. Please sign ify yo ur acknowledgment and agreement to the terms and conditions hereof by signing the enc losed copy of this letter and returning the same to my attent ion by electronic correspondence. S incerel y, Day ne C utrel l Maynard Nexsen P.C. Page 76 of 168 City of Fairhope Engagement Letter October 1, 2025 Page 3 of 3 Acknowledged and agreed to as of Octo'tet=: ) y , 2025 . "'' MAYNARD NEXSEN Page 77 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-829 FROM: Sherry Sullivan, Mayor SUBJECT: A contract between the City of Fairhope and the Eastern Shore Art Center, on behalf of the Committee on Public Arts (“COPA”), for funding of the Roundabout Artist and the City of Fairhope will appropriate additional funds upon the selection of the Art. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Eastern Shore Art Center, on behalf of the Committee on Public Arts (“COPA”), for funding of the Roundabout Artist and the City of Fairhope will appropriate additional funds upon the selection of the Art. BACKGROUND INFORMATION: WHEREAS, a contract shall be executed between the City of Fairhope and the Eastern Shore Art Center, on behalf of the Committee on Public Arts “COPA”, for funding of the Roundabout Artist, and the City making an appropriation of $13,250.00; and WHEREAS, “COPA” will submit Request for Proposals from 12 artists who made their list of semifinalists; and WHEREAS, “COPA” will select four finalists who will submit scale models and COPA will include Mayor Sherry Sullivan, a City Councilmember, and City Staff in the winners selection process; and WHEREAS, COPA has agreed to procure the Roundabout Art, and the City of Fairhope will appropriate additional funds upon the selection of the Art; and WHEREAS, the City of Fairhope desires for Mayor Sherry Sullivan, a City Councilmember, and City Staff to work with “COPA” on the Roundabout Art placement; and WHEREAS, the City of Fairhope agrees to maintain the Roundabout Art after the installation is completed by all parties. Page 78 of 168 WHEREAS, payment shall be made in the amount of $13,250.00; until contract either expires or is cancelled. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50475 Streets - Capital Improvements $13,250.00 $13,250.00 $0.00 Project No.: TBD 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 79 of 168 RESOLUTION NO. ____ WHEREAS, a contract shall be executed between the City of Fairhope and the Eastern Shore Art Center, on behalf of the Committee on Public Arts “COPA”, for funding of the Roundabout Artist, and the City making an appropriation of $13,250.00; and WHEREAS, “COPA” will submit Request for Proposals from 12 artists who made their list of semifinalists; and WHEREAS, “COPA” will select four finalists who will submit scale models and COPA will include Mayor Sherry Sullivan, a City Councilmember, and City Staff in the winners selection process; and WHEREAS, COPA has agreed to procure the Roundabout Art, and the City of Fairhope will appropriate additional funds upon the selection of the Art ; and WHEREAS, the City of Fairhope desires for Mayor Sherry Sullivan, a City Councilmember, and City Staff to work with “COPA” on the Roundabout Art placement; and WHEREAS, the City of Fairhope agrees to maintain the Roundabout Art after the installation is completed by all parties. WHEREAS, payment shall be made in the amount of $13,250.00; until contract either expires or is cancelled. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Eastern Shore Art Center, on behalf of COPA, for funding of the Roundabout Artist and the City of Fairhope will appropriate additional funds upon the selection of the Art. DULY ADOPTED THIS 23RD DAY OF APRIL, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Page 80 of 168 CONTRACT STATE OF ALABAMA )( : COUNTY OF BALDWIN )( For and in consideration of the sum of Thirteen Thousand Two Hundred and Fifty Dollars, ($13,250.00), to be paid as per motion for approval of this appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, on the 23rd day of April, 2026; We, the EASTERN SHORE ART CENTER , ON BEHALF OF THE COMMITTEE ON PUBLIC ARTS (hereinafter “COPA”), agree to work with the Mayor and/or her agent(s) of the City of Fairhope Roundabout Art. COPA will submit Request for Proposals from 12 artists who made their list of semifinalists; select four finalists who will submit scale models and will include Mayor Sherry Sullivan, a City Councilmember, and City Staff in the winners selection process. COPA has agreed to procure the Roundabout Art, and the C ity of Fairhope will appropriate additional funds upon the selection of the Art; and Mayor Sherry Sullivan, a City Councilmember, and City Staff to work with COPA on the Roundabout Art placement. The City of Fairhope agrees to maintain the Roundabout Art after the installation is completed by all parties. This contract may be cancelled at any time. Pursuant of the motion for approval of this appropriation, payment is to be made in the amount of $13,250.00 from the City of Fairhope. Signed this 24th day of APRIL, 2026 EASTERN SHORE ART CENTER By__________________________________ Pelham G. Pearce, Jr. Executive Director CITY OF FAIRHOPE By ________________________________ Sherry Sullivan, Mayor Attest: ____________________________ Lisa A. Hanks, MMC City Clerk Page 81 of 168 April 24, 2026 Pelham Pearce Eastern Shore Art Center 401 Oak Street Fairhope, AL 36532 Dear Pelham: Enclosed you will find two (2) copies of a contract between the City of Fairhope and the Eastern Shore Art Center, on behalf of the Committee on Public Arts, for funding of the Roundabout Artist and the City of Fairhope will appropriate additional funds upon the selection of the Art. Please sign each copy, return one copy to me, and retain one copy for your files. If you have any questions regarding this contract, please contact me. Cordially, _____________________________ Lisa A. Hanks, MMC City Clerk Page 82 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-815 FROM: Richard Johnson, City Engineer John Thomas, Interim Public Works Director Nicole Love, Grants Coordinator SUBJECT: The City Engineer, Richard Johnson, and the Interim Public Works Director, John Thomas, are requesting to procure a qualified firm to provide professional landscape architectural and engineering & architectural design services for the next two construction phases of Flying Creek Nature Preserve. Phase II is a Gulf of Mexico Energy Security Act (GOMESA) Grant Funded Capital Improvement Project within the City parkland already developed in Phase I and is based on the continuation of the approved Project Masterplan for this northern tract. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: To approve the negotiated fee schedule from Duplantis Design Group, PC (DDG) for RFQ PS26-015 Professional Landscape Architectural and A&E Services for the Flying Creek Nature Preserve Phase II (GOMESA Funded Project No. 2026-PWD 100) and Phase III (South Tract Offroad Bicycling Project No. 2026-PWD 110) and authorize the Mayor to execute a contract for the not-to-exceed amount of $292,250.00. BACKGROUND INFORMATION: The City Council approved the selection of Duplantis Design Group, PC (DDG) as the result of RFQ PS26-015 Professional Landscape Architectural and A&E Services for the Flying Creek Nature Preserve Phase II (GOMESA Funded Project No. 2026-PWD 100) and Phase III (South Tract Offroad Bicycling Project No. 2026-PWD 110) and approved the Mayor to negotiate the contract fee schedule. The negotiated services will include: • Schematic Design for Phase II Only • Design Development for Phases II and III • Construction Documents for Phases II and III • Bidding, Procurement, and Permitting for Phases II and III • Construction Administration for Phases II and III Page 83 of 168 • Topographic Survey for Phase II Only • Wetland Delineation and Jurisdictional Determination for Phase II Only • Threatened and Endangered Species Survey and Habitat Assessment for Phase II Only The Mayor and the City Engineer would like to establish a not-to-exceed amount for Professional Engineering Services of One Hundred Forty-Two Thousand Two Hundred Fifty Dollars ($142,250.00) for Phase II and One Hundred Fifty Thousand Dollars ($150,000.00) for Phase III, Total Contract Amount Not-to-exceed Two Hundred Ninety- Two Thousand Two Hundred Fifty Dollars ($292,250.00). Previous Council Action: March 23, 2026 - Resolution No. 576-26 - That the City Council approves the selection by the Evaluation Team for Professional Landscape Architectural and A&E Services for (RFQ PS26-015) for the Flying Creek Nature Preserve Phase II (GOMESA Funded Project No. 2026-PWD-100) and Phase III (South Tract Offroad Bicycling Project No. 2026-PWD 110) to Duplantis Design Group, PC (DDG); and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. November 12, 2024 - Resolution No. 5264-24 - That City Council authorizes acceptance of the GOMESA Grant award from ADCNR for Phase II to Construct Improvements at Flying Creek Nature Preserve; and authorizes the Mayor to sign the Grant Agreement and other grant related documents on behalf of the City. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55890-10 Flying Creek Nature Preserve (PH II) $142,332.00 $142,250.00 $82.00 103-55893-10 South Triangle Park (PH III) $150,000.00 $150,000.00 $0.00 Project No. 2026PWD100 | Project Expense String: 2026PWD100-ENG (Flying Creek Nature Preserve - Phase II Engineering) Project No. 2026PWD110 | Project Expense String: 2026PWD110-ENG (South Triangle Park - Offroad Cycling - Phase III Engineering) GRANT: GOMESA Grant G-CFNPII/24/CF LEGAL IMPACT: N/A Page 84 of 168 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Treasury has Projects and corresponding budgets setup in Project Ledger. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 85 of 168 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract with Duplantis Design Group, PC (DDG) for Professional Landscape Architectural and A&E Services (RFQ PS26-015) for the Flying Creek Nature Preserve Phase II (GOMESA Funded Project No. 2026-PWD 100) and Phase III (South Tract Off-road Bicycling Project No. 2026-PWD 110) with a not-to-exceed contract amount of $292,250.00. DULY ADOPTED THIS 23RD DAY OF APRIL, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 86 of 168 April 9, 2026 DDG Project # 26-1059 Landscape architectural and engineering DESIGN SERVICES PROPOSAL Prepared for: City of Fairhope Flying Creek Nature Preserve, Phases II and III Fairhope, AL. WWW.DDGPC.COM Page 87 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 1 Mayor, Please allow this letter to serve as our proposal to provide landscape architectural and engineering design services for Phases II and III of Flying Creek Nature Preserve located in Fairhope, Alabama. The proposed design services contained herein are based on the information provided from email correspondence, meetings, and our history with the project. This document once executed will serve as the design service contract between your organization and DDG inclusive of the following attachments: 01 – Project Overview + Quote + Scope & Deliverables 02 – Assumptions & Exclusions 03 – Standard Rate Sheet 04 – Additional Documents DDG appreciates the opportunity to provide these services to you and is excited about being a part of the design team. If acceptable, please sign in the space provided. This proposal shall be considered valid for sixty (60) days from the proposal date. Sincerely, Nick Combs, PE Senior Project Manager 561 Fairhope Avenue, Suite 204 Fairhope, AL. 36532 ncombs@thompsonengineering.com 251-284-1088 Duplantis Design Group, PC April 9, 2026 Mayor Sherry Sullivan 161 North Section Street Fairhope, AL. 36532 sherry.sullivan@fairhopeal.gov CC: Richard Johnson, PE Flying Creek Nature Preserve Phases II and III DDG Project #26-1059 ACCEPTANCE OF PROPOSAL By signing below I hereby certify that I am authorized to sign this agreement on behalf of the company listed above and that I have read and familiarized myself with this agreement and all attachments identified herein. X: _________________________ Date: ______________ Page 88 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 2 PROJECT OVERVIEW This proposal outlines the scope of work for the planning, design, permitting, bidding, and construction administration services of Phases II and III of the Flying Creek Nature Preserve (FCNP) in the City of Fairhope, Alabama. FCNP comprises two primary parcels, a 72‑acre North Parcel and a 36‑acre South Parcel, bordered by US‑98 to the east and Scenic 98 to the west, with Veterans Drive dividing the two sites. Phase II will build upon and enhance the improvements recently completed as part of Phase I within the 72‑acre North Parcel, consistent with the vision established in the approved Master Plan. Phase III will initiate development of the 36‑acre South Parcel, also guided by the Master Plan, with a focus on active recreation amenities such as mountain bike/multi use trails and related features. Detailed program elements for both phases are described later in this section. PROFESSIONAL SERVICES QUOTE PHASE II Design Development $ 41,000.00 Construction Documents $ 40,000.00 Bidding, Procurement, and Permitting $ 12,500.00 Construction Administration $ 27,500.00 Topographic Survey $ 5,750.00 Wetland Delineation and Jurisdictional Determination $ 12,000.00 Threatened & Endangered Species Survey and Habitat Assessment $ 3,500.00 TOTAL: $ 142,250.00 PHASE III Schematic Design $ 32,000.00 Design Development $ 30,000.00 Construction Documents $ 27,000.00 Bidding, Procurement, and Permitting $ 15,000.00 Construction Administration $ 46,000.00 TOTAL: $ 150,000.00 OVERALL PROJECT TOTAL $292,250.00 + reimbursable expenses REIMBURSABLE EXPENSES Reimbursable expenses will be invoiced in addition to the above listed design fees per the Standard Rate Sheet in Section 03. Rates are subject to change. DDG reserves the right to change the rate sheet periodically. PROJECT OVERVIEW + QUOTE + SCOPE & DELIVERABLES 01 Page 89 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 3 PROGRAM ELEMENTS Based on our ongoing coordination with the City of Fairhope, discussions with key stakeholders, and our long-standing involvement in the planning and implementation of Flying Creek Nature Preserve, we have developed a clear understanding of the program elements envisioned for Phases II and III. The following summarizes these components, reflecting both the City’s priorities and the project framework established through Phase I of design and construction. PHASE II Phase II will provide additional improvements to the 72‑acre North Parcel, building on the work completed during Phase I. This phase focuses on expanding and refining the site’s amenities to better support planned use and long‑term goals. The program elements described below represent the specific components that are included in our scope of design for this phase. • Pedestrian Bridge Connection to Eastern Shore Trail o Approximately 10 foot timber pedestrian bridge connecting the existing connector trail to the Eastern Shore Trail along Main Street. o Includes associated grading work to meet existing elevations. • Pedestrian Bridge Connection to South Parcel o Timber pedestrian bridge connection extending from the tunnel on the South Parcel, modeled after the existing bridge on the North Parcel. The design will reflect the same character and material style to provide consistent user experience between the two sides of the preserve. o Includes associated grading work to meet existing elevations.  Evaluate need for retaining wall; includes design of such as needed. o Includes trail surfacing on the approach to the tunnel on the North Parcel. • Creekside Observation Deck o One (1) approximately 14’ x 12’ pile supported timber deck structure with built in benches and railing. o Deck to be located outside the floodplain of Fly Creek. o It is assumed that the deck will be located outside of any wetlands, and USACE permitting will not be required. • Gabion Wall Seat Caps o Completion of approximately 300 linear feet of recycled glass concrete seat caps on the existing gabion walls along the south tunnel approach. • Kayak/Canoe Launch o Surface‑level kayak/canoe launch including layout, access, and materials to provide safe and functional water entry. The design will coordinate with surrounding site elements and overall parcel improvements. o Trail connection from the existing hammerhead to the launch. • Gully Outdoor Classroom o Outdoor classroom modeled after the existing Creekside outdoor classroom, incorporating tree stumps and other natural materials for seating and furnishings, with minimal overstory clearing to maintain the natural atmosphere of the space. The following items are specifically excluded from the program. It is understood that these elements will require additional funding and may be considered for implementation in future project phases: • Landscape Restoration o Restore areas of disturbance during Phases I and II that would benefit from habitat restoration with native plant material • Wayfinding, Interpretive, and Educational Signage o A signage program to include coordinated wayfinding, educational, and interpretive signs that guide visitors, highlight key features, and share the site’s natural and cultural stories. Page 90 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 4 PHASE III Phase III will begin development of the 36‑acre South Parcel, with a focus on active recreation features. This phase is expected to include elements such as mountain bike/multi use trails and related site amenities. The program elements described below represent the specific components that are included in our scope of design for this phase. • Entry Drive and Parking o Entry drive for the north parcel that provides approximately 20 parking spaces, including ADA‑compliant stalls. The park entrance will feature a monument sign integrated into the overall design. • Trailhead Kiosk o Informational kiosk at the park entrance near the parking lot, providing visitors with clear details about park amenities, trail routes, rules, and upcoming events. • Mountain Bike Trails o Approximately 2 miles of mountain biking trails with varying levels of difficulty (beginner, intermediate, and advanced) and skill-based features incorporated throughout. • Multi Use Trails o Approximately 1.5 miles of multi use trails for use by pedestrians and cyclists • Pump Track* o Engineered pump track for biking featuring graded rollers, berms, and a compact, closed‑loop layout designed to maintain speed through weight‑shifting rather than pedaling, with delineated areas dedicated to varying age groups and skill levels. • Restroom Facility* o Basic two‑stall park restroom featuring an architectural aesthetic that aligns with and enhances the natural character of the surrounding park environment. • Adventure Play Area* o An adventure play area offering an active, nature‑inspired experience for kids, featuring climbing elements, natural materials, and exploratory play woven into a wooded setting. * These items will be provided within the final bid package as additive alternates, allowing flexibility during the bidding and selection process. The following items are specifically excluded from the program. It is understood that these elements will require additional funding and may be considered for implementation in future project phases: • Gathering Pavilion o A small pavilion will be located within the park to provide a shaded place for visitors to rest. The structure will offer basic shelter and seating while fitting comfortably into the surrounding natural setting. • Bicycle Playground and Skills Area o A dedicated bike playground and skills area to provide a fun, safe space for riders to build confidence and practice fundamental biking techniques through age appropriate and progressive skills features. • Trail Signage o Trail signage within the park will provide clear wayfinding and illustrate the overall trail layout, helping users understand how the system connects and progresses. Signage will also identify trail difficulty levels and key features, allowing riders to make informed decisions based on skill level while promoting safety and an enjoyable park experience. Page 91 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 5 SCOPE & DELIVERABLES Upon documented approval to proceed by the City, DDG will coordinate with the full design team, establish an overall project schedule that meets the City’s requirements and design team's production schedule. DDG will coordinate with the team and solicit owner feedback between each design phase prior to advancing to the next. The landscape architect will lead the design team that includes architecture and engineering. A traditional design/bid/build process in compliance with federal and state laws are to be employed by this Project will include the following: SCHEMATIC DESIGN (SD) PHASE (PHASE III ONLY) Based on the approved Master Plan, the Schematic Design phase will refine the project vision and establish the overall layout and relationships of program elements within the site. This phase will include reconvening the Steering Committee to confirm project goals and objectives, review assumptions, and evaluate opportunities to refine or adjust the program layout as needed. During this phase, DDG, in partnership with our bicycle trail specialist, IMBA Trail Solutions, will develop conceptual plans and preliminary design strategies that respond to site conditions, align with confirmed project goals, and support a cohesive user experience. The resulting schematic package will provide a clear framework for evaluating options, confirming design direction, and guiding the subsequent development of detailed design documents. • Schematic Design (30%) drawings illustrating the general location and arrangement of all major program elements. o These documents will be presented to the City for review and approval, along with a request for authorization to advance into Design Development. o DDG anticipates one (1) meeting with the City during this phase to review the schematic package and gather feedback for refinement. • 30% Opinion of Probable Cost DESIGN DEVELOPMENT (DD) PHASE (PHASES II AND III) Upon receiving the Owner’s approval of the Schematic Design (SD) Phase, DDG will advance into the Design Development (DD) Phase. During this phase, DDG will coordinate the architectural and engineering disciplines to further refine, define, and develop the approved design concept. The process and associated deliverables for this phase will include: • Design Development (60%) drawings that further detail and clarify site plans, building elements, and design intent. o These documents will be presented to the City for review and approval, along with a request for authorization to advance into Construction Documents. o DDG anticipates one (1) meeting with the City during this phase to review the DD package and gather feedback for refinement. • Preliminary or Outline Technical Specifications • 60% Opinion of Probable Cost DDG assumes that all decisions affecting the size, shape, form, scope, and costs associated with the project have been fully understood by the City at the completion of this Phase. That said, any changes, modifications, or revisions affecting the project's square footage, size, shape, or scope once the City authorizes DDG to proceed into the next Phase will be subject to additional service charges. Page 92 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 6 CONSTRUCTION DOCUMENT (CD) PHASE (PHASES II AND III) Upon the City’s approval of the Design Development (DD) Phase, DDG will proceed with the Construction Documents (CD) Phase. During this phase, DDG will prepare a complete and fully coordinated set of drawings and specifications required for bidding and construction. The CD Phase process and deliverables will include: • Completion of all plans and specifications necessary to clearly define the site (civil and landscape improvements), architectural elements, and structural systems, ensuring that contractors can submit competitive and accurate bids. o These documents will be presented to the City for review and approval, along with a request for authorization to advance into bidding and permitting. • 100% Opinion of Probable Cost BIDDING, PROCUREMENT, AND PERMITTING (PHASES II AND III) Upon approval of the CD Phase, DDG will assist the City and contractor with the following: BIDDING: • DDG will coordinate the Bidding date, time, and process for bidding the project in the instruction and invitation for bidders with the City of Fairhope Purchasing Department. • DDG will receive and answer pre-RFI’s from bidding general contractors and issue addenda to the documents as received from the City of Fairhope Purchasing Department. • DDG will attend and assist the City of Fairhope Purchasing Department with one (1) Pre-Bid Conference. • DDG will be responsible for directing and managing any bidding process with the design team providing clarifications. • DDG will assist the City of Fairhope Purchasing Department to receive bids in compliance with Alabama Public Bid law. • DDG will evaluate a reasonable number of material substitution requests. CONTRACT NEGOTIATION: • DDG will review all bids, take each under advisement and provide the City with a bid recommendation after any required post bid documents have been received and evaluated as required. • DDG will assist the City with preparation of the owner/contractor construction contract. PERMITTING: • DDG will prepare and submit the ADEM NPDES Construction Stormwater NOI on behalf of the City, with the City initially listed as the permittee. It is anticipated that, once a contractor is selected, the permit will be transferred to that contractor, who will then assume full responsibility for ongoing stormwater compliance. DDG will develop the project’s CBMPP and provide QCP level oversight, including periodic compliance checks and plan updates. The contractor will be responsible for all routine QCI inspections, BMP installation and maintenance, recordkeeping, and day‑to‑day compliance with ADEM stormwater requirements. DDG will assist with ADEM communication, maintain key permit documentation, and prepare and submit the NOT after confirming final stabilization. ADEM fees, BMP installation, and construction activities are excluded. Page 93 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 7 CONSTRUCTION ADMINISTRATION (CA) (PHASES II AND III) Once a construction contract between the City and the Contractor has been executed, DDG will further assist the City by providing Construction Administration services at the project site. DDG's services at the project site may include the following tasks: • DDG shall advise and consult with the City during the construction phase to keep the City reasonably informed about the progress and quality of the work and report known and/or visible deviations at the time of the site observation. • Attend and conduct one (1) Pre-Construction Conference (Kick Off meeting). • DDG shall attend site visits at appropriate intervals to the stage of the construction duration to become generally familiar with the progress and the quality of the Work and determining if the Work has been performed in general compliance with the contract documents. DDG is NOT required to make exhaustive or continuous on-site inspections. • DDG assumes a nine (9) month construction schedule per phase of the project. DDG will attend a total of eighteen (18) site visits including the Pre-Construction meeting and Substantial Completion meeting. • DDG will receive, evaluate and formally answer a reasonable number of General Contractor's Requests for Information (RFI's). • DDG will receive and evaluate Contractor's periodic requests for payment for the construction duration identified above. • DDG will attend one (1) substantial completion inspection. Owner-initiated changes will be prepared and coordinated as additional services and billed hourly per the attached hourly rate sheets. Should the project construction duration last longer than eleven (11) months (including punch-list completion), DDG will be entitled to additional construction administration services per the attached hourly rate sheets to complete the project. TOPOGRAPHIC SURVEY (PHASE II ONLY) Supplemental surveying services shall include providing professional services and qualified personnel to perform a detailed topographic survey to document the as‑built conditions of the tunnel construction completed during Phase 1. The purpose of this supplemental survey is to capture and tie the as‑built tunnel and adjacent path features into the proposed bridge design and additional path improvements, providing an accurate connection to the existing trail system on the southeast side of Veterans Drive. The survey will locate existing above‑ground features, visible utilities, underground utilities marked by others, natural ground elevations, portions of Veterans Drive, constructed tunnel‑to‑trail connections, and ditch cross sections as necessary to develop a representative Digital Terrain Model (DTM). Survey limits shall be confined to the areas shown within the survey limit line as defined in Section 4. Survey data will be provided by DDG in Alabama State Plane Coordinates, referenced to the NAVD 88 vertical datum (Geoid 18). The surveyor shall be provided the following: • Any recorded documents affecting the property being surveyed and containing information to which the survey shall refer, • Any recorded easements benefiting the property, • Any recorded easements, servitudes or covenants burdening the property, • Any unrecorded documents affecting the property being surveyed and containing information to which the survey shall refer, if desired by the client. Page 94 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 8 WETLAND DELINEATION AND JURISDICTIONAL DETERMINATION (PHASE II ONLY) The following services will be provided to collect the required information for establishing a professional opinion on the presence and potential extent of jurisdictional wetlands and/or Waters of the U.S. (WOTUS) in accordance with the requirements of the U.S. Army Corps of Engineers’ (USACE) “1987 Wetland Delineation Manual” (Wetlands Research Program Technical Report Y-87-1) and “Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0)” (ERDC/EL TR-1020). The provided opinion will not be an official wetland determination as only the USACE has the authority to make an official Jurisdictional Determination (JD) that an area is a wetland or WOTUS and is subject to its jurisdiction under Section 404 of the Clean Water Act. It is DDG’s current understanding that wetland and stream delineation fieldwork efforts would be focused on approximately 16.6 acres (outlined in green on the enclosed exhibit, see Section 04) surrounding Fly Creek, in areas where proposed fill or vegetation clearing is planned, and in areas where the likelihood of wetlands being present is higher due to factors such as changes in elevation contours, changes in canopy cover from aerial imagery, or underlying soil type. To perform a wetland delineation, DDG personnel will provide the following professional services on-site at the property described above. It is the responsibility of the Client to obtain any required landowner permissions to provide DDG access to the property for the purpose of conducting wetland delineation field work. During field work activities DDG will observe and analyze soil samples, streambed and flow characteristics, wetland hydrology indicators, and vegetation on the property to document the potential presence/absence of wetlands. Field work services also include GIS mapping activities to map the geographic location and extent of sample points and delineated wetland/WOTUS features, as well as any other information required for the issuance of a JD by the USACE Mobil District Regulatory Branch. After field work has completed a finalized wetland data report summarizing all findings on the property, including GIS maps, property photographs, and USACE-approved data sheets, will be provided to the Client for review within three (3) weeks after the completion of field work activities. Upon Client approval, the wetland data report will be submitted to the USACE Mobile District for the issuance of a JD. After submittal of the JD request, DDG will coordinate and follow up with USACE frequently and provide status updates to the Client, until the JD is received. In addition to the above 16.6 acres to be delineated, DDG will make a quick walk through of high probability areas of the surrounding 119 acres of the Property (outlined in red on the enclosed exhibit) to determine the presence/absence of wetlands that may impact other Phases of the proposed Project. THREATENED & ENDANGERED (T&E) SPECIES SURVEY AND HABITAT ASSESSMENT (PHASE II ONLY) DDG will perform a field study and provide a report which identifies the risk for threatened and endangered (T&E) species, and/or their habitats, to be present on the project site. The final report will include a map of the studied area with the boundary defined by an x-y coordinate system, as well as a report justifying the methods and conclusions of the survey. In the event that no T&E species, or their habitats, are present on the project site, a concurrence letter of “No Effect on T&E Species” from the United States Fish & Wildlife Service (USFWS) will be requested. T&E concurrence from the USFWS is valid and generally considered current for one (1) year from the date of issuance. Page 95 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 9 PROJECT ASSUMPTIONS The project assumptions below are believed to be reasonably accurate at the time this proposal was prepared based on the information available. These items are not to be deemed as statements of fact but only assumed parameters used in the preparation of the fees associated with this project. Changes to these parameters during the course of the project may result in decreased or increased fees. • DDG assumes that phases II and II will be designed, bid, and constructed concurrently. • DDG will be provided all design drawings and CAD files for Phase I from client prior to commencement of design. • This proposal assumes that two separate plan sets and procurement procedures will be required for each phase. • This scope assumes that wetlands/waters impacts will remain below Nationwide Permit thresholds (1/10 of an acre) and that a USACE Nationwide or Individual Permit will not be required. • Limits of the wetland delineation and T&E study are limited to that shown on the attached exhibit (see Section 04) • DDG assumes that USACE will not require DDG personnel to make another field visit during the course of their Jurisdictional Determination. If USACE requires personnel, DDG will communicate this ask and an assumed fee with the Client. • It is assumed that the production of information from, and reviews by, the Client or Others will occur in a timely manner. • It is assumed that any Landowner permissions will be acquired by the Client before any fieldwork efforts commence on the project site. • Project Schedule/Submittal Deadline – The project schedule will be determined in coordination with the City and design team at project kickoff. DDG will work with the Client to establish a projected project schedule; however, all parties acknowledge that the durations associated with permitting can vary and are outside the control of both the Client and DDG. We will diligently pursue the project schedule through regular communication and timely response to requests for information from permitting authorities. • Permitting – It is assumed that all City permits will be waived and the only permitting activity required is that noted in this proposal. • Environmental - It is assumed that no environmental issues exist that would adversely affect the design, development, or intended use of the property. It is further assumed that no environmental studies, assessments, or related permits are required as part of the project. • Wetlands – Jurisdictional wetlands are anticipated in the vicinity of Fly Creek. It is assumed that construction of the program elements defined in this proposal will be constructed outside of the delineated wetland boundary and that USACE permitting is not required. • Geotechnical Report and Geotechnical Concurrence - DDG assumes that the geotechnical investigation and associated report prepared during Phase I will be provided by the Client and made available to DDG for use in subsequent phases of design. • Survey/Platting – DDG assumes that all survey data completed during Phase I will be provided by the Client for use in subsequent design phases. Any additional survey work required beyond the Phase I limits is included only as specifically noted in this scope. It is assumed that linework from publicly available GIS interface is adequate for delineating property boundary. • Water Supply - It is assumed that an adequate and reliable water supply is available to the property and that the quantity, pressure, and quality of the water are sufficient to support the proposed design, construction, and operational needs. It is further assumed that no additional studies, upgrades, or off-site improvements are required to secure an acceptable water source for the project. A water supply site survey is not included. • Utilities - It is assumed that all required utility services (including, but not limited to, power, water, and sanitary sewer) are available to the project site, and that the design team will coordinate with 02 PROJECT ASSUMPTIONS & EXCLUSIONS Page 96 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 10 the applicable utility providers as noted in the project documents and as needed throughout the design and construction phases. It is further assumed that utility companies will provide timely information, approvals, and service connections necessary to support the project without requiring extraordinary design revisions or off-site improvements. • Traffic Issues - It is assumed that a traffic impact study for the subject project will not be required by the City. Traffic engineering, studies, etc. are excluded. • Storm Sewer/Drainage/Detention - It is assumed that detention will not be required. • Existing Easements (Encroachments/Approvals) – DDG will evaluate existing easements as depicted on the survey for design impacts. • Proposed Easements Required (Onsite/Offsite) - DDG will reflect proposed easements on the applicable drawings. Easement exhibit preparation is included only as defined elsewhere in this proposal. Negotiation of easement agreements is not included. • Title Review - Title work and title review is not included. • Zoning/Variances/Other Discretionary Entitlements – Based on preliminary desktop review, the zoning appears adequate for the proposed use. It is assumed that the development will not require any rezoning or other discretionary entitlements such as variances. • Offsite Improvements - It is assumed that no off-site work, utility extensions, roadway improvements, or external infrastructure modifications will be required to support the proposed project. All necessary improvements are assumed to be contained within the project site boundaries, and no additional off-site coordination, permitting, or construction activities are anticipated. • Flood Plain - DDG assumes that Fly Creek is a FEMA‑regulated floodway and that no project improvements will be proposed within the designated floodway. Any improvements located within the associated floodplain will be designed to be elevated above the Base Flood Elevation (BFE) and will be coordinated with, and subject to approval by, the City’s Floodplain Administrator. • All application fees required for approvals will be paid by the client/owner. If payment by DDG is required or beneficial, these will be billed for reimbursement. PROJECT EXCLUSIONS Items below are excluded and shall either be provided to DDG by the owner or are not needed for the project. In any instance these items are not included in DDG’s scope of services. • Boundary Surveying • Utility Surveying and Locating • Lighting Plans • Wetland Delineation • Environmental Site Assessments • Cultural, Historical, or Archaeological Studies • USACE Permitting • Floodplain Studies, Hydraulic Modeling, or FEMA Map Revisions/Certifications • FEMA Approvals • Zoning Variance Coordination or Other Discretionary Entitlements • Offsite Improvements • Traffic Impact Analysis • LEED certification Design & Coordination • Flow Tests • Full time on site representation • Construction Material Testing • ADEM Stormwater Inspections • ADEM Permit Fees Page 97 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 11 03 STANDARD RATE SHEET Page 98 of 168 26-1059 FCNP PHASES II AND III – PROFESSIONAL SERVI CES PROPOSAL | 12 FIGURE 1: SURVEY LIMITS FIGURE 2: WETLAND STUDY LIMITS 04 ADDITIONAL DOCUMENTS Page 99 of 168 Page 100 of 168 Project Request Form FCNP II III RFQ Final Audit Report 2026-01-06 Created:2026-01-05 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAHeJQYe-MoGW2SKwrvY_xIxXm3JSBpAAA "Project Request Form FCNP II III RFQ" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-01-05 - 9:34:02 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2026-01-05 - 9:34:23 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2026-01-06 - 2:50:06 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2026-01-06 - 2:56:46 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2026-01-06 - 2:56:48 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2026-01-06 - 9:56:23 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-01-06 - 9:56:25 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-01-06 - 10:01:29 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-01-06 - 10:03:11 PM GMT - Time Source: server Agreement completed. 2026-01-06 - 10:03:11 PM GMT Page 101 of 168 RESOLUTION NO. 5764-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1]That the City Council approves the selection by the Evaluation Team for Professional Landscape Architectural and A&E Services for (RFQ PS26-015) for the Flying Creek Nature Preserve Phase II (GOMESA Funded Project No. 2026-PWD- 100)and Phase III (South Tract Offroad Bicycling Project No. 2026-PWD 110) to Duplantis Design Group, PC (DDG); and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 23RD DAY OF MARCH, 2026 Attest: Assistant City Clerk Page 102 of 168 RESOLUTION NO. 5264-24 AUTHORIZING THE EXECUTION OF A GOMESA GRANT AGREEMENT WITH THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES FOR FLYING CREEK NATURE PRESERVE PHASE II WHEREAS, the City of Fairhope was recently awarded a Gulf of Mexico Energy Security Act .of 2006 (GOMESA) Grant (No. G-CFNPIJ/24/CF) with the Agreement by and between the State of Alabama Department of Conservation and Natural Resources (ADCNR) to Construct Phase II Improvements at Flying Creek Nature Preserve; and WHEREAS , the total estimated project cost is $1,328 ,400 .00 , of which the grant amount is a not-to-exceed amount of $1,328,400.00 to allow satisfactory completion of all Project Services following the execution of this Agreement; and WHEREAS , the City of Fairhope warrants and represents that it will use the GOMESA funds provided under this Agreement in accordance with approved GOMESA and consistent with all applicable stated and federal laws; and WHEREAS, City Staff will provide oversight of the project which shall begin on the date of the Mayor 's signature and end in approximately 24 months; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that City Council authorizes acceptance of the GOMESA Grant award from ADCNR for Phase II to Construct Improvements at Flying Creek Nature Preserve ; and authorizes the Mayor to sign the Grant Agreement and other grant related documents on behalf of the City. DULY ADOPTED TIIIS 12TH DAY OF NOVEMBER, 2024 ATTEST: Page 103 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-834 FROM: Richard Johnson, City Engineer SUBJECT: An agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Repairing/replacing various Sidewalk Segments along SR-42 (US- 98) between Leonard Vaughn Lane and SR-104; Project# CRPES- 0042( ); CPMS Ref# 100078721 and 100078722. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That the City Council adopts Resolution - That the City Council hereby authorizes Mayor Sullivan to enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Repairing/replacing various Sidewalk Segments along SR-42 (US-98) between Leonard Vaughn Lane and SR-104; Project# CRPES-0042( ); CPMS Ref# 100078721 and 100078722. 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: Page 104 of 168 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 105 of 168 8 RESOLUTION NO. ____ BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: That the City of Fairhope enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Repairing/replacing various Sidewalk Segments along SR-42 (US-98) between Leonard Vaughn Lane and SR-104; Project# CRPES-0042( ); CPMS Ref# 100078721 and 100078722. Which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official seal of the City be affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 23rd day of April, 2026 ___________________________________ James Reid Conyers, Jr. Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 23rd of April, 2026, and that such resolution is on file in the City Clerk’s Office. Seal Lisa A. Hanks, City Clerk Date Page 106 of 168 Memorandum From: Richard D. Johnson, P.E., City Engineer To: Jimmy Conyers, Council President Thru: Sherry Sullivan, Mayor CC: City Clerk; Public Works Director; File Date: April 15, 2026 Subject: Cooperative Maintenance Agreement (CMA) & Funding Agreement with ALDOT – Sidewalk Rehabilitation – US Hwy 98 (within the City Limits) Mayor and Council President: The City has received funding through the ESMPO (Reference Project# CRPES-0042(); CPMS Ref# 100078721 and 100078722) to repair/replace various sidewalk segments along SR-42 (US-98) between Leonard Vaughn Lane and SR-104 – all within the corporate city limits. For the City to undertake this work and accept future responsibility for the maintenance of these sidewalks, we must enter into a Cooperative Maintenance and Funding Agreements with ALDOT. I am requesting Council consideration for approval of the Mayor to sign and enter the City of Fairhope into these Cooperative Maintenance and Funding Agreements. Thank you for your consideration, please let me know if you have any questions. Regards, RDJ Attachments: CMA Funding Agreement Page 107 of 168 Form MB-06A Revised April 2024 ALABAMA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE COOPERATIVE MAINTENANCE OF PUBLIC RIGHT OF WAY Pagel of 4 County Baldw_in ____________ .--------------------. FOR OFFICIAL USE ONLY Route Number US-98, SR-104, SR-181 DATERECEIVEDFROMAPPLICANT:_/_/_ V · PERMIT NUMBER: __________ _ Milepost ane_s _______________________________. Resolution Number __________ _ Associated Permits and/or Documents ______________________ _ THIS AGREEMENT, entered into this the __ day of _______ , 20 __ , by and between the Alabama Department of Transportation acting by and through its Transportation Director hereinafter referred to as ALDOT and City of Fairhope in an effort to provide maintenance within the city limits of Fairhope, AL along Route 98• 104• 181 the City of Fairhope agrees to maintain all sidewalk located on ALDOT ROW, on US-98, SR-104 and SR-181, within the City limits of Fairhope. This will include additional locations along those routes corresponding to areas annexed by the City. All preexisting maintenance agreements will stand and be considered a part of this new agreement. ________________ in the ALDOT right-of-way from milepost __ to __ . All maintenance shall conform to standards and specifications of ALDOT and the ALDOT approved version of the national Manual on Uniform Traffic Control Devices. Any future proposed work not described in this agreement or any associated agreements shall be requested by permit and is subject to approval by ALDOT. It is furthermore understood by the parties that the map attached hereto describes the current situation. The parties understand that this agreement and the plans attached hereto may be amended by the mutual agreement of the parties. In accepting the above, ALDOT and APPLICANT agree to do the following: 1.Adequate sight distances must be maintained for maximum public safety; otherwise ALDOT reserves the right to remedy this situation in the most expedient manner. 2.ALDOT is not responsible for the safety of the individual involved or taking part in this work during maintenance operations. 3.If ALDOT construction (repair of drainage and traffic structures, crossovers and other minor construction) is done in the subject area, it will be the responsibility of ALDOT to establish a stand of vegetative cover if deemed necessary by ALDOT and then the APPLICANT'S responsibility to maintain the vegetative cover as stipulated herein. In the event of major construction in the subject area, this Agreement shall be voided at a time designated by ALDOT. Page 108 of 168 Page 109 of 168 Page 110 of 168 Page 111 of 168 Page 112 of 168 Page 113 of 168 Page 114 of 168 Page 115 of 168 Page 116 of 168 Page 117 of 168 Page 118 of 168 Page 119 of 168 Page 120 of 168 Page 121 of 168 Page 122 of 168 Page 123 of 168 Page 124 of 168 Page 125 of 168 Page 126 of 168 Page 127 of 168 Page 128 of 168 Page 129 of 168 Page 130 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-833 FROM: Richard Johnson, City Engineer SUBJECT: An agreement with Alabama Department of Transportation (ALDOT) for the Cooperative Maintenance of ALDOT ROW, on US-98, SR- 104 and SR-181, within the City limits of Fairhope. This will include additional locations along those routes corresponding to areas annexed by the City. All preexisting Maintenance Agreements will stand and be considered a part of this new Agreement. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That the City Council adopts Resolution – Authorizing Mayor Sullivan to enter into an agreement with Alabama Department of Transportation (ALDOT) for the Cooperative Maintenance of ALDOT ROW, on US-98, SR-104 and SR-181, within the City limits of Fairhope. This will include additional locations along those routes corresponding to areas annexed by the City. All preexisting Maintenance Agreements will stand and be considered a part of this new Agreement. 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: Page 131 of 168 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 132 of 168 RESOLUTION NO. ____ BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: 1. WHEREAS, the City of Fairhope, Alabama enter into an agreement with the Alabama Department of Transportation, acting by and through its Transportation Director hereinafter referred to as the (“State”) for: The Cooperative Maintenance of all Sidewalk located on ALDOT ROW, on US-98, SR-104 and SR-181, within the City limits of Fairhope. This will include additional locations along those routes corresponding to areas annexed by the City. All preexisting Maintenance Agreements will stand and be considered a part of this new Agreement. 2. WHEREAS, the agreement shall be executed in the name of the City of Fairhope, by its Mayor Sherry Sullivan, for and on its behalf. 3. WHEREAS, the agreement shall be attested by the City Clerk Lisa A. Hanks, and the seal of the City of Fairhope affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the Agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 23rd day of April, 2026 ___________________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 23rd of April, 2026, and that such resolution is on file in the City Clerk’s Office. Seal Lisa A. Hanks, City Clerk Date Page 133 of 168 Form MB-06A Page 1 of 4 Revised April 2024 ALABAMA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE COOPERATIVE MAINTENANCE OF PUBLIC RIGHT OF WAY County Route Number Milepost Resolution Number Associated Permits and/or Documents THIS AGREEMENT, entered into this the _____ day of __________________, 20_____, by and between the Alabama Department of Transportation acting by and through its Transportation Director hereinafter referred to as ALDOT and ______________________________, in an effort to provide maintenance within the city limits of ___________________________________ along Route ________, the ___________________________________ agrees to maintain in the ALDOT right-of-way from milepost _____ to _____. All maintenance shall conform to standards and specifications of ALDOT and the ALDOT approved version of the national Manual on Uniform Traffic Control Devices. Any future proposed work not described in this agreement or any associated agreements shall be requested by permit and is subject to approval by ALDOT. It is furthermore understood by the parties that the map attached hereto describes the current situation. The parties understand that this agreement and the plans attached hereto may be amended by the mutual agreement of the parties. In accepting the above, ALDOT and APPLICANT agree to do the following: 1. Adequate sight distances must be maintained for maximum public safety; otherwise ALDOT reserves the right to remedy this situation in the most expedient manner. 2. ALDOT is not responsible for the safety of the individual involved or taking part in this work during maintenance operations. 3. If ALDOT construction (repair of drainage and traffic structures, crossovers and other minor construction) is done in the subject area, it will be the responsibility of ALDOT to establish a stand of vegetative cover if deemed necessary by ALDOT and then the APPLICANT’S responsibility to maintain the vegetative cover as stipulated herein. In the event of major construction in the subject area, this Agreement shall be voided at a time designated by ALDOT. FOR OFFICIAL USE ONLY DATE RECEIVED FROM APPLICANT: ___/___/____ PERMIT NUMBER: _____________________________ Page 134 of 168 Form MB-06A Page 2 of 4 Revised April 2024 4. Any proposed work, whether being performed or accomplished, that is described within or with any associated proposal is subject to the inspection and approval of ALDOT. Should the APPLICANT fail to conform to the provisions of the Agreement, such failure shall be grounds for termination and shall be cause for ALDOT to assume the maintenance at the APPLICANT’s expense and/or remove the work and restore the right-of-way to ALDOT’s discretion at the expense of the APPLICANT. The APPLICANT agrees to pay ALDOT all such costs as a result. ALDOT shall provide thirty (30) days notice, in writing, or any termination. 5. A copy of this Agreement must be kept by all parties that sign the Agreement. The State of Alabama does not grant APPLICANT any right, title, or claim on any highway right-of-way. 6. The APPLICANT agrees to store no equipment, materials, or debris of any kind on the shoulders of pavement and in the case of multi-lane highways, in the median strips. The pavement will be kept free from waste and equipment. 7. This Agreement is executed with the understanding that it is not valid until the APPLICANT has complied with all existing ordinances, laws and zoning boards that have jurisdiction in the county, city, or municipality. 8. The APPLICANT may perform any herbicide treatments necessary to maintain the appearance of the roadside with written permission from ALDOT. This includes but is not limited to concrete islands, median barriers, curbs, and other structures. Herbicide treatments shall conform to the guidelines found in the current edition of Chapter IV: ALDOT Herbicide Treatment Recommendations. Treatments shall be applied by an individual in possession of a current Commercial Applicator Permit (ROW category) issued by the Alabama Department of Agriculture & Industries. Daily application reports shall be made available for review by ALDOT upon request. 9. Indemnification Provisions. Please check the appropriate type of applicant: By entering into this agreement, the APPLICANT is not an agent of the State, its officers, employees, agents or assigns. The APPLICANT is an independent entity from the State and nothing in this agreement creates an agency relationship between the parties. ___ If the applicant is an incorporated municipality or gas district then: Subject to the limitations on damages applicable to municipal corporations under Ala. Code § 11- 47-190 (1975), the APPLICANT shall defend, indemnify, and hold harmless the State of Alabama, ALDOT, its officers, officials, agents, servants, and employees, in both their official and individual capacities, from and against (1) claims, damages, losses, and expenses, including but not limited to attorneys’ fees arising out of, connected with, resulting from or related to the work performed by the APPLICANT, or its officers, employees, contracts, agents or assigns (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the APPLICANT pursuant to the terms of this Agreement, or (3) any damage, loss, expense, bodily injury, or death, or injury or destruction of tangible property (other than the work itself), including loss of use therefrom, and including but not limited to attorneys’ fees, caused by the negligent, careless or unskillful acts of the APPLICANT its agents, servants, representatives or employees, or the misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation or reimbursement by the APPLICANT, its agents, servants, representatives or employees, or anyone for whose acts the APPLICANT may be liable. Page 135 of 168 Form MB-06A Page 3 of 4 Revised April 2024 ___ If the applicant is county government then: The APPLICANT shall be responsible at all times for all of the work performed under this agreement and, as provided in Ala. Code § 11-93-2 (1975), the APPLICANT shall protect, defend, indemnify and hold harmless the State of Alabama, The Alabama Department of Transportation, its officials, officers, servants, and employees, in their official capacities, and their agents and/or assigns. For all claims not subject to Ala. Code § 11-93-2 (1975), the APPLICANT shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation, the officials, officers, servants, and employees, in both their official and individual capacities, and their agents and/or assigns from and against any and all action, damages, claims, loss, liabilities, attorney’s fees or expense whatsoever or any amount paid in compromise thereof arising out of, connected with, or related to the (1) work performed under this Agreement, (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the APPLICANT pursuant to the terms of this agreement, or (3) misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation or reimbursement by the APPLICANT, its agents, servants, representatives, employees or assigns. ___ If the applicant is a state governmental agency or institution then: The APPLICANT shall be responsible for damage to life and property due to activities of the APPLICANT of employees of APPLICANT in connection with the work or services under this Agreement. The APPLICANT agrees that its contractors, subcontractors, agents, servants, vendors or employees of APPLICANT shall possess the experience, knowledge and skill necessary to perform the particular duties required or necessary under this Agreement. The APPLICANT is a state institution and is limited by the Alabama Constitution in its ability to indemnify and hold harmless another entity. The APPLICANT maintains self-insurance coverage applicable to the negligent acts and omissions of its officers and employees, which occur within the scope of their employment by the APPLICANT. The APPLICANT has no insurance coverage applicable to third- party acts, omissions or claims, and can undertake no obligation that might create a debt on the State Treasury. The APPLICANT agrees ALDOT shall not be responsible for the willful, deliberate, wanton or negligent acts of the APPLICANT, or its officials, employees, agents, servants, vendors, contractors or subcontractors. The APPLICANT shall require, its contractors and its subcontractors, agents, servants or vendors, as a term or its contract with the APPLICANT, to include ALDOT as an additional insured in any insurance policy providing coverage for the work to be performed pursuant to and under this Agreement and to provide the APPLICANT a copy of the insurance policy declaration sheet confirming the addition of ALDOT thereto. 10. The APPLICANT agrees to provide pruning and/or trimming of plants in any existing or newly landscaped areas. 11. No new installation or removal of plantings is allowed on the right-of-way under this agreement. 12. Nothing contained in this Agreement, or in its execution, shall be construed to alter or affect the title of the STATE to the public right-of-way nor to increase, decrease or modify in any way the rights of the APPLICANT in performance of these maintenance activities. 13. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. Page 136 of 168 Form MB-06A Page 4 of 4 Revised April 2024 This Agreement is deemed to be executed on the date hereinabove set forth by the parties hereto in their respective names by those persons and officials thereunto duly authorized. Witness our hands and seals, this the _____ day of ____________________, 20_____. Legal Name of Applicant WITNESS: By: Authorized Signature and Title for Applicant Typed or Printed Name of Signee Telephone Number Address Line 1 Contact Email Address Address Line 2 FOR OFFICIAL USE ONLY THIS AGREEMENT HAS BEEN LEGALLY REVIEWED AND APPROVED AS TO FORM: BY: ______________________________ ______________________________ __________ Legal Counsel for Signature Date Alabama Department of Transportation RECOMMENDED FOR APPROVAL: DISTRICT: ______________________________ ______________________________ ____________ Printed Name Signature Date AREA: ______________________________ ______________________________ ____________ Printed Name Signature Date REGION: ______________________________ ______________________________ ____________ Printed Name Signature Date APPROVED: ALABAMA DEPARTMENT OF TRANSPORTATION ACTING BY AND THROUGH ITS TRANSPORTATION DIRECTOR (PLEASE CHECK APPROPRIATE BOX) CENTRAL OFFICE REGION AREA DISTRICT By: ______________________________ ______________________________ ____________ Printed Name Signature Date Page 137 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-849 FROM: Hannah Noonan, Human Resources Director SUBJECT: Payroll reallocation defined as the following effective immediately: the departments are requesting to organize a program for one (1) temporary Electric Utility Intern and one (1) temporary Mechanic Maintenance intern for the Public Works Department at an estimated cost of $5,040.00 per intern for the duration of the 9-week program; and the available funds have been identified in their respective departments due to payroll vacancies. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: That the City Council hereby approves the payroll reallocation defined as the following effective immediately: the departments are requesting to organize a program for one (1) temporary Electric Utility Intern and one (1) temporary Mechanic Maintenance intern for the Public Works Department at an estimated cost of $5,040.00 per intern for the duration of the 9-week program; and the available funds have been identified in their respective departments due to payroll vacancies. BACKGROUND INFORMATION: WHEREAS, Fairhope Utilities participated in the 2025 Baldwin County Utilities Internships Program available to rising High School Seniors; and WHEREAS, Fairhope Utilities and City of Fairhope Public Works departments have requested to expand the internship opportunities available to local students; and WHEREAS, the City of Fairhope provided for seven (7) Utility Intern positions in the FY 2026 Personnel Budget; and WHEREAS, the departments are requesting to organize a program for one (1) additional Electric Utility Intern and one (1) additional Mechanic Maintenance intern at an estimated cost of $5,040.00 per intern for the duration of the 9-week program. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 138 of 168 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 139 of 168 RESOLUTION NO. _____ WHEREAS, Fairhope Utilities participated in the 2025 Baldwin County Utilities Internships Program available to rising High School Seniors; and WHEREAS, Fairhope Utilities and City of Fairhope Public Works departments have requested to expand the internship opportunities available to local students; and WHEREAS, the City of Fairhope provided for seven (7) Utility Intern positions in the FY 2026 Personnel Budget; and WHEREAS, the departments are requesting to organize a program for one (1) additional Electric Utility Intern and one (1) additional Mechanic Maintenance intern at an estimated cost of $5,040.00 per intern for the duration of the 9-week program; and WHEREAS, Fairhope Utilities and City of Fairhope Public Works departments have identified the following available funds in their respective departments due to payroll vacancies; and Dept Position Electric Assistant Superintendent Public Works Mechanic WHEREAS, the Fairhope Utilities and the Public Works departments are requesting to reallocate the identified payroll funds to the temporary Intern positions. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves the payroll reallocation defined above effective immediately. ADOPTED ON THIS 13TH DAY OF APRIL 2026 _____________________________ James Reid Conyers, Jr. Council President Attest: ___________________________ Lisa A. Hanks, MMC City Clerk Page 140 of 168 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-825 FROM: Paige Crawford, Director of Community Affairs SUBJECT: Request of Domenick Risola and Helen Cain with Adventure Calls and Cece Pless with Mobile Baykeeper requesting approval for the 2026 Aquathlon (Swim/Run) called the "Return of the Grand", on Saturday, June 20, 2026, from 4:00 a.m. to noon; and to use the City of Fairhope Parklands. Special Event Request and Application for the Use of City Parklands are included within the Agenda Packet with details of the event. AGENDA DATE: April 23, 2026 RECOMMENDED ACTION: BACKGROUND INFORMATION: Below you will find our requests and needs to ensure the success of the Return of the Grand: 1. City leadership. The leadership and support of the Fairhope Police Department, Parks and Recreation, Public Works, Public Utilities, and the Fairhope City government are invaluable. 2. Race Day. We will be having a single race on Saturday, and it will be shorter than in previous years due to temporarily removing the bike leg from the race. Our goal is to put on a race that fits within the City's safety needs in order to re-affirm the race's goodwill with the City in past years. 3. Official Partnership/In-Kind Sponsorship. We would like to officially partner with the City of Fairhope, put your logo on the race, and make this a city -sanctioned event. In doing so, we would like to offer the City the benefits that come with being a sponsor and ask the City to offset costs associated with the race (see details below). • We request permission to use Fairhope Municipal Park from 4:00 a.m. to noon on Saturday, June 20, 2026. • Road Closure: We will close the road entering the North Municipal Park to traffic from 4:00 a.m. until the last racer finishes, around 9:30 a.m. on Saturday. June 20, 2026. • Rose Garden Parking: We ask that you please close the Rose Garden at the Municipal Pier to parking at 4:00 a.m. on Saturday, June 20, 2026, to allow for a safe race setup. Page 141 of 168 • Signage. To ensure the race area is automobile-free and safe for racers, please have the City's Public Works Department place ''No Parking" signs at the Rose Garden and along the lower portion of Fairhope Avenue leading up from the Rose Garden ("the hill") by 4:00 a.m. on Saturday, June 20, 2026. • Alcoholic beverages. As GrandMan has in the past, we would like to serve beer at the post-race event in South Park with the agreement that we rope off the area where the alcohol is being served, serve non-alcoholic drinks as well as burgers and other food from The Blind Tiger. We will place signage to keep drinking within the post-race area in the park, and ensure that no one is underage, as well as provide volunteers to monitor the entrance/exit and ensure racers are complying with these rules. • Sweep streets. We request the Fairhope City Services to sweep the streets on Friday before the race, clean the south beach and duck pond, and sweep areas where participants will be barefoot (sidewalks on south beach park). • Allow racers to jump off the finger pier as in past years. The swim course will remain at the south side of the pier, as it did from 2013–2023, with racers going into the water from the deeper west finger pier only. This is a fee waiver request, so I did not add it to the agenda. See Below: The last request is to have the City be a partner for the GrandMan. We are happy to work with you to make your support equal any desired benefits. In -kind support can come in the following manner: • Cover the police support costs. The support of the Fairhope Police Department is the single most significant reason the GrandMan was a success in past years. We want the officers well compensated for their work and request that the City of Fairhope subsidize the cost of the police officers needed to monitor traffic on the race course. • Waive the park and street deposits. Mobile Baykeeper operated the GrandMan successfully for 18 years, leaving no trace of having 3,500 people congregating on the park and around the Rose Garden. We value the consolidation of deposit fees for the race and ask that this fee be waived. • Waive the park rental fees. We are grateful for the reduction of the park rental fees, and we request the City of Fairhope to once again support the race by covering these fees. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 142 of 168 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 143 of 168 Please see Notes on Pages 3 - 5 from Chief Page 144 of 168 Page 145 of 168 Page 146 of 168 Page 147 of 168 Page 148 of 168 Page 149 of 168 Page 150 of 168 Page 151 of 168 Page 152 of 168 Page 153 of 168 Page 154 of 168 Page 155 of 168 Page 156 of 168 Page 157 of 168 Page 158 of 168 Page 159 of 168 Page 160 of 168 Page 161 of 168 Page 162 of 168 Page 163 of 168 Page 164 of 168 Page 165 of 168 Page 166 of 168 Page 167 of 168 Page 168 of 168