BALDWIN COUNTY COMMISSION
MINUTES
JUNE 14, 2007
BALDWIN COUNTY ADMINISTRATION BUILDING
BAY MINETTE, ALABAMA

Members present were Frank Burt, Jr., David E. Bishop, Charles F. Gruber and Wayne A. Gruenloh, Chairman.

Also present were Michael L. Thompson, County Administrator and J. Scott Barnett, Chief Counsel

(E29) - I-10 / COUNTY ROAD 13 SERVICE ROAD

On March 8, 2007, the Commission approved an agreement between the County and Carter-Burgess for the survey and design of an I-10 Service Road from State Road 181 to
U.S. 98. The County has been in negotiations with several parties in order to obtain funding for a service road from State Road 181 to U.S. Hwy 98. Currently funding is committed to build the road and interchange from State Road 181 to the property of the proposed Mobile Infirmary site location. The County will fund the  construction and paving of the existing dirt road – Woodrow Lane.

TimberCreek Land Company, Inc. has agreed to contribute a maximum of $4,300,000.00 for construction and paving to extend the road from Woodrow Lane to the proposed Mobile Infirmary site. TimberCreek has stated they would have to approve any extension or access to this service road for a period of ten (10) years after completion in consideration of the land being donated and the cash contribution.

Cal Markert, County Engineer appeared before the Commission and said it may be appropriate to amend the recommendation to include the Chairmen for the Road & Bridge
Committee and the Finance Committee to be involved in the negotiations. Commissioner Bishop suggested adding “Chairman of the Road & Bridge Committee and Chairman of the Finance Committee” in the beginning of the second part of the staff recommendation.

Commissioner Burt said under the first part of the recommendation, if the Commission approves it the way it is worded, it reads like this will approve the Commission to begin work on the road now. That is all part of the overall project and the approval is only in light of the whole interchange and other bids being let.

Mr. Markert said the first part of the recommendation should be amended to be contingent upon the funding and agreement being reached for the remainder of the road.

Commissioner Gruber said the Commission hired Carter & Burgess for the survey and design of the road, including Woodrow Lane. This needs to be finished before the
Commission moves forward with construction.

Mr. Markert said this is correct. Where the end of the road is and where the interchange is going, will be changed slightly. The Commission should wait and do all of this as one package. The last sentence of the first part of the recommendation should be changed to add “contingent upon the agreements and funding being in place and being approved by the Commission for the remainder of the project”.

Commissioner Gruber said this is going to be a very heavily traveled road and it needs to be built to standards.

MOTION BY COMMISSIONER BISHOP, SECONDED BY COMMISSIONER BURT TO APPROVE THE FOLLOWING:

1) BASE AND PAVE 4,000 FEET OF WOODROW LANE FROM END OF PAVEMENT TO END OF MAINTENANCE FOR AN ESTIMATED COST OF $16,000.00 FOR LABOR AND $184,152.00 FOR MATERIALS
FOR A TOTAL ESTIMATED PROJECT COST OF $200,152.00 WITH AREA 100 PERFORMING THE WORK, CONTINGENT UPON AGREEMENTS, FUNDING, AND FINAL PLANS BEING IN PLACE AND APPROVED BY THE BALDWIN COUNTY COMMISSION FOR THE REMAINDER OF THE PROJECT;

2) APPROVED THE CHAIRMAN OF THE ROAD & BRIDGE COMMITTEE, CHAIRMAN OF THE FINANCE COMMITTEE, CHIEF COUNSEL SCOTT BARNETT, AND THE HIGHWAY DEPARTMENT WORKING WITH TIMBER CREEK LAND COMPANY, INC. TO NEGOTIATE A PRELIMINARY AGREEMENT ACCEPTING A CONTRIBUTION OF $4,300,000.00 ALONG WITH RIGHT-OF-WAY FROM TIMBER CREEK LAND COMPANY, INC. AND AGREEING TO THE SCOPE OF PLANS AND CONSTRUCTION REQUIRED FOR THE I-10 SERVICE ROAD EXTENSION AND ACCESS RAMPS BETWEEN STATE ROAD 181 AND THE PROPOSED MOBILE INFIRMARY. THE PRELIMINARY AGREEMENT WILL BE BROUGHT BACK TO THE COMMISSION FOR FINAL APPROVAL.

Chairman Gruenloh said there has been discussion regarding Cypress Equities interest in negotiating more. Does this in anyway affect that or keep the Commission from doingthat?

Mr. Markert said they did make an increased offer, which was very minimum and according to Timber Creek Company, their current offer stands unless the other parties
significantly increase the amount they are going to pay. In Mr. Markert’s opinion, this will not affect this at all.

UNANIMOUS.

(O) - PRESS QUESTIONS

Ms. Virginia Bridges with the Mobile Register, asked the Commissioners regarding Agenda Item E29, if the Commission would move forward with negotiations with Timber Creek to build an access road not connected to the Bass Pro Shop? She asked if the I-10/Baldwin County 13 interchange was placed there to address traffic issues at the Bass Pro Shop?

Ms. Bridges said she has spoken with a Spanish Fort City Council Member and he did not understand why the Commission would not pay for that section of the road.

Commissioner Bishop said a couple of the Commissioners have met with all parties involved at Timber Creek on several occasions. He said they broke the road down into
three parts. The first part is down at State Highway 181 to the interchange the middle part is where Timber Creek is and the last part is where Cypress Equities is located. They discussed funding and it came down to the fact that a certain percentage of money would be needed for each portion of the road.

Commissioner Bishop said both he and Commissioner Gruenloh have attended meetings, which involved talking with all parties involved and letting them know what the County was able to do. There have been discussions about parties not willing to pay their share.

Commissioner Bishop said at this point, the County said they would take care of the road from State Highway 181 to the interchange. This fits into their original statement and the amount the County projected it would cost to get the road done. This is a multi-million dollar project. Timber Creek did not want to pay for any of the road that connected to Cypress Equities. Timber Creek offered $4.3 million and said they would pay for a share of the road and make an arrangement with Mobile Infirmary, in a letter addressed to the Commission. The Commission decided to move this project forward from State Highway 181 to beyond the interchange to where Mobile Infirmary would be located. There would be a segment there, because Cypress Equities have not come with adequate funding to guarantee that portion of the  road. Cypress Equities latest offer moved up from $1.3 million to $1.5 million.

Commissioner Bishop said it would take at least $2.5 million to get this portion of the road financially completed.

Commissioner Bishop said with the latest statement from Cypress Equities, it is not enough money to do this portion of the road. For the benefit of the citizens of Baldwin County, the Commission wants to take this road as far as possible with the amount of money in hand with the negotiations with Timber Creek and make the interchange possible. There have been numerous entities involved with this and it’s difficult to get everyone to agree on one principle to make the road complete.
Chairman Gruenloh said when the State of Alabama showed the Commission the plan for the interchange, there was not an on and off service road, you could only go south. The Commission envisioned having a service road on the north side. They asked the State to go back and redo the plans. After this was done, there was the matter of funding the service road on the north side. The Commission has committed to doing that portion of the road that is within the County. The portion on the west side is not in the County, however, there is a portion located within the County, but it will possibly be annexed into a city.

Chairman Gruenloh said he is using the same philosophy that was used on County Road 20, and that was to do the portion of the road that was within the County limits. The portion within the City would fall under that city’s responsibility. The County could not come up with enough sales tax revenue to take care of its portion of the road. The County would not benefit financially from the road from a tax standpoint.

Michael Thompson, County Administrator, said the Commission is committed to funding the section of the road within unincorporated Baldwin County. In addition, the County has paid for engineering designs and has agreed to use County staff to oversee this project.

Commissioner Bishop asked Cal Markert, County Engineer, what the total cost was for the road? Mr. Markert said it was $9 million.

Commissioner Burt said when he and Mr. Markert went to Montgomery, they were told that the State would only enter into an agreement with the County and no one else. He knew that if this were not built, it would be a mistake. Timber Creek controls all of what’s going on. They own all of the property other than what the County maintains. Timber Creek will not donate right-of-way, except under their conditions. The State of Alabama has said they will not pay for right-of-way. The estimated cost of $9 million did not include right-of-way. If right-of-way were included, it would be upwards of $12 million.

Commissioner Burt said Cypress Equities did not want to put up their fair portion to connect from their property to the Mobile Infirmary. They have had every opportunity to provide an answer to this problem. Both the cities of Spanish Fort and Daphne have invested as much as possible of their revenue. Cypress Equities should step up to the table quickly.

Ms. Bridges asked if the Commission considered Cypress Equities agreeing to build approximately one mile of road from the City of Spanish Fort’s Town Center and their $1.5 million stepping up to the table?

Commissioner Bishop said that portion of the road is within their own perimeter of their shopping center. The portion the Commission is talking about is from there to where Timber Creek meets.

Ms. Bridges asked if the portion they were paving is on their own property, in which the Chairman said that was correct.

Chairman Gruenloh said the segment is located where Cypress Equities ends to where Timber Creek property starts. This will be done, but as of now, the County is not able to do it. However, there are a number of parties that he hopes will come together to make this complete.

Ms. Bridges asked if the portion Mr. Markert mentioned is not in unincorporated Baldwin County.

Chairman Gruenloh said there is one section that is unincorporated, but he has spoken with the City of Spanish Fort and they’ve discussed annexing that portion into the City.

Chairman Gruenloh said this portion is technically in the County, but it is considered to be Spanish Fort’s.

Ms. Bridges asked if the other portion of the road was in Daphne, in which the Chairman said that was correct.