PROCEEDINGS HELD BEFORE THE BALDWIN COUNTY COMMISSION
(Work Session)
Tuesday, June 10, 2008

COUNTY COMMISSIONERS PRESENT : Charles "Skip" Gruber; Frank Burt; Wayne Gruenloh; David Bishop

ALSO PRESENT : Scott Barnett, Esquire; David Brewer, Assistant County Administrator; Craig Myers, Mobile Press Register

B - RESOLUTION #2008-112

MR. CAL MARKERT: And then the next item we passed out to you, AL DOT, as per their regulations, their project is extending County Road 13 from Highway 90 to 1-10 and building an interchange. Of course, we're working in conjunction with them to build a service road. This particular resolution agenda item is only dealing with their project of extending 13 and the interchange. And basically the resolution is saying, you know, they provided us with the plans. We agree with the project and where it is and so forth. We won't allow anybody to park to the project while they're building. And we won't change speed limits outside, you know, the normal regulations, and that kind of thing. And it also has in here, you know, we agree to maintain, you know, the County Road 13 part, you know, when it's through.

COMMISSIONER WAYNE GRUENLOH: Up to where?

MR. CAL MARKERT: From 90 to the right-of-way of the interchange.

COMMISSIONER WAYNE GRUENLOH: Okay. Not the interchange, itself?

MR. CAL MARKERT: Right. And not -- not even -- Before you get to the ramps, if you're going north on 13 before you get to the ramps, you'll hit their right-of-way. They'll maintain the road and the bridge over the interstate, all the way across it to beyond the ramp.

COMMISSIONER WAYNE GRUENLOH: Okay.

COMMISSIONER CHARLES "SKIP" GRUBER: Like they do with the interstate crossing.

MR. CAL MARKERT: Or they have authority to do.

COMMISSIONER CHARLES "SKIP" GRUBER: Supposed to do.

COMMISSIONER DAVID BISHOP: That's not in Spanish Fort?

MR. CAL MARKERT: Well, it could be in Daphne's; however, this started out as a County project petition.

COMMISSIONER DAVID BISHOP: Yeah.

MR. CAL MARKERT: The County started it. And it's County Road 13. I feel like it would be much simpler and easier and cleaner for us to do this resolution. And, once it gets finished, come back and get Daphne to take it over.

COMMISSIONER DAVID BISHOP: To take it over.

COMMISSIONER WAYNE GRUENLOH: So that area is in Daphne's city limits?

MR. CAL MARKERT: Yes, sir. You can see the pink color is Daphne. The green color on bottom right is the County. Up to the left in purple is Spain Fort.

COMMISSIONER CHARLES "SKIP" GRUBER: The City of Daphne maintains from the high school up to 90.

MR. CAL MARKERT: Right. They annexed that part after this project started and after the County did the -- And I don't know how y'all started it. But I assumed that the County pushed and pushed for the State to extend 13 to build the interchange.

COMMISSIONER FRANK BURT: Yes, we did.

COMMISSIONER DAVID BISHOP: They came along and requested annexation, even on that part down there on 64, you know. Just lately, they annexed a piece of that.

COMMISSIONER FRANK BURT: And so they maintain it from the school intersection up to 90; is that right? So, hopefully, they'll maintain on up. But, right now, we're saying we'll do it.

MR. CAL MARKERT: Yes.

COMMISSIONER FRANK BURT: Just to satisfy AL DOT.

MR. CAL MARKERT: Yes, sir.

COMMISSIONER FRANK BURT: But the way this reads -- Or maybe I'm misreading it. It says: Covers construction and maintenance requirements fo,r 1-10 interchange at County Road 13 with the connecter to Highway 90 and additional lanes on US 90 and 13. Oh, it don't say what we're approving. It just says -- The resolution says what we're approving; right?

MR. CAL MARKERT: Right.

COMMISSIONER FRANK BURT: Okay.

MR. CAL MARKERT: Yeah, the actual plans are doing that on the interchange between 90 and 13. And, also, you have some additional lanes on 90, additional set of plans.

COMMISSIONER FRANK BURT: And this is something that AL DOT required; right?

MR. CAL MARKERT: Yes, sir. Actually the Feds require it, just part of their environmental document and process

COMMISSIONER FRANK BURT: Okay.

COMMISSIONER DAVID BISHOP: I tell you what. They'd better hurry up and get some kind of road in there, because there's a lot of building gone in there already. I don't know if y'all have seen it lately.

MR. CAL MARKERT: I am hearing something about the State is worried about having to delay construction because they're having trouble with right-of-way.

COMMISSIONER FRANK BURT: With right-of-way where?

MR. CAL MARKERT: I believe north of 1-10, for the interchange portion.

COMMISSIONER FRANK BURT: North of 1-10, is that from the --

COMMISSIONER DAVID BISHOP: Mr. Cox's property.

COMMISSIONER FRANK BURT: Who?

COMMISSIONER DAVID BISHOP: Allen Cox, right around the interchange.

MR. CAL MARKERT: And that's my guess. I didn't see a specific -- Who they have the problem with, whether it was -- It may have been south of 1-10.

COMMISSIONER FRANK BURT: Well, I think he was saying that he was not -- Their group, Timber Creek or whoever, were not going to donate that property for the  interchange. They would the connector road, but not for the interchange. Because they paid the property owners on the south side for that. And Federal law requires them to pay for -- to offer to pay it, don't it?

MR. CAL MARKERT: Absolutely. You have to appraise. And they have to be there when it gets appraised.

COMMISSIONER DAVID BISHOP: Only thing about that, in all honesty, was that I never did hear any of those discussions until we got right down toward the end.

COMMISSIONER WAYNE GRUENLOH: But they did pay for the right-of-way on the south of side of the road to the Malbis Foundation?

MR. CAL MARKERT: I'm not sure. I'm not sure about the Malbis Foundation. But I know one property owner that called me. He was looking for some help. They had made an offer to him. So I'm just -- From that, I'm thinking, you know, there weren't many deals for all that to be donated.

COMMISSIONER WAYNE GRUENLOH: If that's the case, I don't know if, in fact, I were Mr. Cox -- I don't know that I disagree with him, if they've already paid --

COMMISSIONER FRANK BURT: Yeah, I.

COMMISSIONER WAYNE GRUENLOH: -- on the south side.

COMMISSIONER DAVID BISHOP: Got a good argument, there's no question about that.

MR. CAL MARKERT: They may come in -- If you put the service road up there and imagine it being up there, you're going to have a ramp that's being built up here and a service road being build over here. Their slopes are going to be coming down and hit. Well, if the ramp's not there, then this slope comes way over here. And that's that much right-of-way. But if the service road -- I mean, the ramp of the interchange is over here, the slope comes over here, then the right-of-way line is over here. So there may be argument as to what they're donating to the County versus what they should be paid for by the State. Because by having the service road there, it cuts off the amount you need for the ramp, if that makes sense. In one spot, it's not -- not that bad.

COMMISSIONER WAYNE GRUENLOH: Okay.

COMMISSIONER FRANK BURT: Any other questions?

COMMISSIONER DAVID BISHOP: No.

MR. CAL MARKERT: Scott is going to review this too -- I got it to him yesterday -- for form and whatnot.

COMMISSIONER FRANK BURT: Mr. Barnett, I believe has -- Was that all you had?

MR. CAL MARKERT: That's it