PROCEEDINGS HELD BEFORE THE
BALDWIN COUNTY COMMISSION
(Work Session)
Tuesday, December 8, 2009

COUNTY COMMISSIONERS PRESENT:

Charles "Skip" Gruber
Frank Burt
David Bishop
Wayne Gruenloh

ALSO PRESENT:

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

B - f -10 SERVICE ROAD - TIMBERCREEK LAND CO., I N C . , AGREEMENT-AMENDMENT

MR. CAL MARKERT: The next one, the service road agreements, we had brought them up last time, hoping to have the data received from Cypress Equities and from Timber Creek. And we've got Timber Creek's in hand. And we've got an e-mail yesterday from Cypress Equities saying they will have us theirs today. So we hope to have an agenda item for Tuesday; if not, that's just going to be too late. But they said they would have it to approve and extending it to August 1.

CHAIRMAN CHARLES "SKIP" GRUBER: Okay. All right.

MR. CAL MARKERT: I will note Timber Creek's pretty much just changing their dates to August 1. They do have some language in there that part of the agreement, TCL being reasonably satisfied that the entire road from 181 to 98 will be public. We're sure of that. That's not a problem. And they also say Timber Creek being satisfied with the price AL DOT agrees to pay Timber Creek with the required land. And I made it known to them I have no control, y'all have no control over what AL DOT is paying them. But they put that in there. So I don't -- If they're not satisfied, then I guess we -- they're just not. I don't know. But I wanted you to be
aware of that statement.

COMMISSIONER WAYNE GRUENLOH: Was that in the previous agreement?

MR. SCOTT BARNETT: To an extent. Their lawyer has told me that was a reminder. Don't know what he meant by that. but he -- he -- in a roundabout way, that was in the other documents. I mean, let's face it, they didn't have to sell to the state if they -- if the price wasn't there. And our- - agreement wouldn't force them to do so. They have their own freewill as far as that topic is concerned. So them saying so in this document doesn't add or take anything away they didn't already have. So, I mean, they just said it in plainer terms, if you will.

COMMISSIONER WAYNE GRUENLOH: All right.

COMMISSIONER DAVID BISHOP: Tell me one more time what they're saying, so I can let that sink in.

MR. CAL MARKERT: All right. Part of the right-of-way north of the interstate --

COMMISSIONER DAVID BISHOP: Yeah.

MR. CAL MARKERT: -- the State is building two ramps and an interchange. And we drew a line between their ramp and our service road. South of that line will be the State's right-of-way; north of it will be the County's. The State is purchasing their right-of-way from Timber Creak. Timber Creek is donating to the County for the service road. So they're just saying they want to be satisfied with the State's payment, the amount of the payment for that property, or if they're not, then they'll -- they won't donate for the service road.

MR. SCOTT BARNETT: In other words, they're reminding us that they're in control.

COMMISSIONER DAVID BISHOP: Timber Creek?

MR. SCOTT BARNETT: Yes, sir.

MR. CAL MARKERT: Yeah, that's a good way to put it. Whether --

COMMISSIONER FRANK BURT: Well --

MR. CAL MARKERT: -- they put that in their -- I 'm sorry.

COMMISSIONER FRANK BURT: Mr. Chairman, are we then entering into an agreement that if they're not satisfied with the State, then we're going to have to buy their right-of-way? That sounds like what you're saying.

MR. SCOTT BARNETT: Well, it would certainly throw a wrench in the works if they were not satisfied with the State's price. And then everybody would have to go back to the drawing board and figure out what the deal would be, how you would accomplish the project. Because if we -- if they give us the property, they'll have to be satisfied with that price. If they're not satisfied with the State's price, again, as Mr. Markert said, we don't have any control, then they may not give us the property.

MR. CAL MARKERT: Or they wouldn't give us the money this agreement would be out.

MR. SCOTT BARNETT: Yes. It would --

MR. CAL MARKERT: We would -- we would --

COMMISSIONER FRANK BURT: So the whole thing --

MR. SCOTT BARNETT: Yeah, the whole project would be in jeopardy. So we'd have to go back to the drawing board.

COMMISSIONER DAVID BISHOP: We -- we -- we just continue to run up on timelines and different things. I've never seen one with so many different players in it.

MR. CAL MARTERT: I haven't, either. And I wish it were different. it's sure wearing us out. But just we try not to give up. And I think we'll get there one day.

COMMISSIONER DAVID BISHOP: Well, just --

COMMISSIONER WAYNE GRUENLOH: How soon before the State's negotiating with them as far as buying right-of-way?

MR. CAL MARKERT: Could be within a month. The problem is they did the environmental study, and then they -- we advertised that. And we did a FONSI, and for the last four or five weeks, trying to get AL DOT to approve the FONSI and send it to the Feds. As soon as the Feds approve the FONSI, then all the obstacles are clear for AL DOT to start working on the right-of-way. That's what they're waiting on. They have it. And we've been waiting, calling every day, so on and so forth.

COMMISSIONER WAYNE GRUENLOH: Okay.

CHAIRMAN CHARLES "SKIP" GRUBER: All right. Well, then that -- this will be on --

MR. DAVID BREWER: Other Staff.

CHAIRMAN CHARLES "SKIP" GRUBER: -- Other Staff, yeah, for Highway.

MR. CAL MARKERT: Yes, sir.

E - 1-10 SERVICE ROAD - CYPRESS/SPANISH FORT I, LP, AGREEMENT AMENDMENT

MR. CAL MARKERT: The next agenda is the same thing with Cypress. They have not sent theirs yet, but they said they'd have it here to Scott by today. So we'll be sending in a replacement item. As quick as we get it, we'll get it to you.

CHAIRMAN CHARLES "SKIP" GRUBER: All right; That - - will be the same-way then.