PROCEEDINGS HELD BEFORE THE
BALDWIN COUNTY COMMISSION
(Work Session)
Tuesday, November 24, 2009

COUNTY COMMISSIONERS PRESENT:

Charles "Skip" Gruber
Frank Burt
David Bishop
Wayne Gruenloh

ALSO PRESENT:

Scott Barnett, Esquire
David Brewer, Assistant County Administrator
Craig Myers, Mobile Press Register

A - 10 SERVICE ROAD - TIMBER CREEK LAND CO., INC. AGREEMENT AMENDMENT
B - 10 SERVICE ROAD - CYPRESS/SPANISH FORT I, LP, AGREEMENT AMENDMENT

MR. CAL MARKERT: Just for your -- Scott has brought to you to consider. The 1-10 Service Road project -- I don't know if I have a map. We have an agreement with Timber Creek to fund part of the project. That timeframe is running out. It expires in December. And Scott's been working with them. And they've agreed to extend their agreement to August the 1st, at least verbally they have.

COMMISSIONER DAVID BISHOP: 2010?

CHAIRMAN CHARLES "SKIP" GRUBER: Yeah.

MR. CAL MARKERT: Of 2010. And so we've got Timber Creek's version. We hopefully can get everything done. Also, Cypress Equities has agreed, previously agreed, to fund five hundred thousand. And I have not been able to contact them and get their verbal approval. However, theirs expires the end of December as well. So I'm going forward with this. Scott and I can put it together, if we can put it together in time --

CHAIRMAN CHARLES "SKIP" GRUBER: Okay.

MR. CAL MARKERT: -- so that we can at least send them an approved amendment that y'all approved it. And then it's up to them.

COMMISSIONER DAVID BISHOP: Okay.

CHAIRMAN CHARLES "SKIP" GRUBER: All right.

MR. CAL MARKERT: And Daphne's agreement went through, I believe, June of 2010 already. So really these are the only two that -- that were expiring in -- in December. Also, AL DOT is previously -- or funding one-point-five million. And we requested additional funding from them a few weeks ago where the service road's going around the interchange. So if you're coming west on the interstate, you're getting off on the north ramp. We built the service road first. We're going to be building part of the north ramp just because somebody's got to go first. So they've agreed to fund an additional seven hundred and fifty thousand for that. And we should be getting a new agreement. So that would be two-point-two-five million from AL DOT on that project. So we're -- we're -- we're trying to get our Corps permit. And it's taking longer trying to get the State to get us the FONSI. But we just -- just didn't get it done, couldn't get the permit in time, so we're having to extend these funding agreements with these private sources.

COMMISSIONER WAYNE GRUENLOH: So is -- is there any other update you can give us as far as the interchange and the State or where that stands?

MR. CAL MARKERT: They're -- they're -- I believe they're pretty much almost complete with the design. The FONSI, which is the environmental document, they -- they approved it, and the Feds approve the environmental document. After that, they advertise it. And we have turned in a FONSI, which is a Finding of No Significant Impact. That's been turned in. When the Fed's approve that, then they should be approaching the property owners on the north side about purchasing the right-of-way.

COMMISSIONER WAYNE GRUENLOH: Okay.

MR. CAL MARKERT: So they have moved the scheduled date out some. But they keep asking and pushing. And obviously, they just approved this additional money, so I think they're still wanting to do it.

COMMISSIONER WAYNE GRUENLOH: Okay.

MR. CAL MARKERT: We just -- we just -- I'm going to send you this later on when I get it tabulated, the comments we received from the Corps when the Corps advertised our permits. We got some good comments from some folks y'all need to be aware of. And we've got to deal with those, answer those comments, and get it back to the Corps, and hopefully get our Corps permit.

CHAIRMAN CHARLES "SKIP" GRUBER: Okay. Any other questions on that? Scott?

MR. SCOTT BARNETT: There may be attachments or replacement attachments coming. We might be able to attach the current documents that we have noting that, where we want to make changes. But, hopefully, we'll get the documents finalized prior to next Tuesday. With the Thanksgiving holiday, that's going to be a chore, but we're going to --

CHAIRMAN CHARLES "SKIP" GRUBER: Right.

COMMISSIONER DAVID BISHOP: One question about the date, you know, that you've got from -- I guess it's Rock Creek -- Timber Creek. They've given you a date of a certain time. Is that to get started or what does that mean?

MR. CAL MARKERT: August 1, we started with construction, be let -- let to contract, open bids.

COMMISSIONER DAVID BISHOP: Is that a reasonable timeframe, in your mind?

MR. CAL MARKERT: Well, it was June. And I -- I got -- I -- that was not reasonable. August, I mean, it should be. But I -- I just don't know anymore. I can't answer for the Corps or the State. I mean, I -- it's been --

COMMISSIONER DAVID BISHOP: AS slow --

MR. CAL MARKERT: -- a year.

COMMISSIONER DAVID BISHOP: -- as this thing is moving, it seems to me like you ought to try to get some extra time.

MR. CAL MARKERT: I -- I did. I think I got as much as they'd give. And if it -- we don't have a permit by then, they may just pull it.

COMMISSIONER WAYNE GRUENLOH: Well, hopefully at least by then, you can show where there is some movement --

COMMISSIONER DAVID BISHOP: Yeah.

COMMISSIONER WAYNE GRUENLOH: -- and -- and we're right around the corner to where they would extend it a few more months.

COMMISSIONER DAVID BISHOP: Yeah.

MR. CAL MARKERT: Right. The bulk of the work with the -- the Corps of Engineers has been done. We've got to come up with a mitigation plan now. And that's -- that's what we're working on. And I'll be coming back to y'all.

MR. SCOTT BARNETT: We -- we originally asked for July, and they gave us June. We went back to them and asked for September, and they gave us August. So they're -- they're - real --

COMMISSIONER DAVID BISHOP: Well, one more trip maybe to March.

MR. SCOTT BARNETT: So we're -- we're pushing. They're pushing back.

CHAIRMAN CHARLES "SKIP" GRUBER: All right. That -- that will be on the agenda.

MR. DAVID BREWER: Do you want these on the Highway part --

CHAIRMAN CHARLES "SKIP" GRUBER: Yeah.

MR. DAVID BREWER: -- or Other Staff Recommendations?

CHAIRMAN CHARLES "SKIP" GRUBER: Yeah. Yeah. In case there's been some changes.

MR. CAL MARKERT: And, like Scott said, there'll be replacements coming, hopefully.

CHAIRMAN CHARLES "SKIP" GRUBER: All right. Cal you said you had one more, or was that --

MR. CAL MARKERT: That was it. Two -- two --

CHAIRMAN CHARLES "SKIP" GRUBER: Okay.

MR. CAL MARKERT: -- identical.

CHAIRMAN CHARLES "SKIP" GRUBER: Okay.

MR. CAL MARKERT: One was Timber Creek and one was Cypress Equities.

CHAIRMAN CHARLES "SKIP" GRUBER: All right.

MR. CAL MARKERT: And the one with Cypress will be the most unlikely. I mean, we have -- I don't know if we'll get there in time. If we don't, it'll have to be the next - Commission meeting.