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                    BALDWIN COUNTY COMMISSION
                              MINUTES
                           JANUARY 18, 2005
               BALDWIN COUNTY ADMINISTRATION BUILDING
                        BAY MINETTE, ALABAMA

Members present were Frank Burt, Jr., Wayne A. Gruenloh, Albert Lipscomb and David
Ed Bishop, Chairman. Also present were Locke W. Williams, Clerk/Treasurer and J. Scott
Barnett, Chief Counsel. The Chairman called the meeting to order at 8:30 A.M. and after
the invocation given by Commissioner Burt, and the Pledge of Allegiance led by
Commissioner Gruenloh , the Commission transacted the following business to-wit:

                              ADOPTION OF MINUTES

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
LIPSCOMB TO ADOPT THE MINUTES OF THE JANUARY 4, 2005 BALDWIN
COUNTY COMMISSION MEETING. UNANIMOUS.

                           STUDENT GOVERNMENT DAY

Mr. Harold Buyson, Baldwin County Commander for the American Legion, and Morgan
Odom, Past Department of Alabama Commander for the American Legion of Alabama,
appeared before the Commission regarding the “2005 Student Government Day”.

Mr. Buyson informed the Commission that the Baldwin County American Legion is
preparing for the upcoming “2005 Student Government Day” in Baldwin County.
“Student Government Day” entails mock elections which are conducted in the six Baldwin
County High Schools whereby students elect many of their peers to serve as various
municipal, county & state officials. As has been done in the past and in preparation for
these mock elections, the Baldwin County American Legion is requesting the use of six
voting machines, with one such voting machine placed at each high school, to conduct the
mock elections on April 5, 2005, at the high schools.

After the mock elections, “Student Government Day” will be conducted on April 19, 2005,
whereby the students travel to the Baldwin County Courthouse, in Bay Minette, and spend
time during a county commission meeting.

Mr. Odom expressed his pleasure over the fact that Mr. Buyson is interested in taking over
his place in taking over and working with this program. He assured the Commission he
would work with Mr. Buyson in this program for as long as he can.

Commissioner Burt said this is at least Mr. Odom’s 17th year. He commended him for
what he has done for Baldwin County in encouraging high school seniors to vote.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO APPROVE THE PLACEMENT OF SIX VOTING MACHINES, WITH
ONE TO BE PLACED IN EACH OF THE SIX BALDWIN COUNTY HIGH SCHOOLS,
ON APRIL 5, 2005, FOR USE IN THE 2005 MOCK ELECTIONS WHICH WILL BE
HELD IN CONJUNCTION WITH “STUDENT GOVERNMENT DAY” IN BALDWIN
COUNTY, ALABAMA. UNANIMOUS.

                  BALDWIN COUNTY BOARD OF EDUCATION

Dr. Faron Hollinger, Superintendent of the Baldwin County Board of Education appeared
before the Commission on the Board’s behalf and expressed their appreciation for the new
building they are being provided in Bay Minette. He also expressed their appreciation for
the Commission’s generous support of public education in Baldwin County and some other
areas such as assistance with debris removal in the wake of Hurricane Ivan.
Dr. Hollinger said there are numerous projects at individual schools within Baldwin
County, that the Commission has worked with them on, and been instrumental in. He
considered it a privilege to work in concert with each of the Commissioners as they serve
the citizens of Baldwin County.

Dr. Hollinger presented the Commission with one of this year’s featured lapel pins.

Commissioner Lipscomb thanked Dr. Hollinger for his outstanding leadership. The
partnership the County Commission and the Legislative Delegation has had in dealing with
education, has been a strong partnership for many years. It is recognized throughout the
State and the Southeastern region across the nation.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO MAKE THE COMMENTS PART OF THE RECORD. UNANIMOUS.

        ALABAMA GULF COAST CONVENTION & VISITORS BUREAU

Herb Malone, CEO of the Alabama Gulf Coast Convention & Visitors Bureau, appeared
before the Commission at the request of Commissioner Gruenloh to brief them on the
status of the Alabama Gulf Coast after Hurricane Ivan. He introduced Collette Bain,
Director of Special Projects.

Mr. Malone gave the following PowerPoint presentation which showed the Commission
where they are in the economy process during Hurricane Ivan:

           ECONOMIC INDICATORS ON ALABAMA’S GULF COAST
                      BEFORE AND AFTER IVAN
                         CAN BE FOUND IN
              SUPPLEMENTAL MINUTE BOOK #37, VOLUME #1

Mr. Malone explained that 70% of the $1.8 billion in travel-related expenditures comes
from out of county and out of state. The 41,357 travel-related jobs are held by citizens of
Baldwin County. Baldwin Rural Area Transportation System (BRATS) carries workers to
the beach to help in these jobs and those payrolls are distributed in communities
throughout Baldwin County. Mr. Malone said they are trying to get people back to work.

He pointed out on page 2 of the presentation, that Baldwin County leads the State of
Alabama in lodging revenue at $228 million. In addition, Baldwin County generates over
29% of the state’s total and generates almost as much as Jefferson, Mobile and Madison
County combined. Mr. Malone said Baldwin County is very important to the economy of
the State of Alabama, particularly from the tourism standpoint.

Mr. Malone pointed out that Baldwin County along with 5 counties in the Panhandle of
Florida, i.e. Escambia County, Santa Rosa County, Okaloosa County, Walton County and
Bay County, generate nearly $1 billion in lodging revenue each year. Although Walton
County, which consists of Sandestin, Seaside and Grayton Beach in Florida lead the region
in 2003, Baldwin County in Alabama leads market share of the region and out produces
each of the 5 Florida Panhandle counties in lodging revenue. Of the $228 million
generated in Baldwin County, 90% of it comes from down on the coast. In addition, Mr.
Malone said Baldwin County is growing by about 13% a year and outgrowing the other
counties mentioned.

Mr. Malone said the progress that has been made along the coast since Hurricane Ivan hit 4
months ago, has been phenomenal. They have been tracking closely, the re-opening of the
hotels and condominiums. On page 3 of the presentation, it points out that 42% have
reopened. Mr. Malone explained that they only lost 6% of their room inventory, as a result
of Hurricane Ivan. By Spring Break, they anticipate over 3/4th of these units being open,
and by summer over 90% should be re-opened. Mr. Malone said a lot of people saw the
buildings demolished but the news did not show the other 94% still standing.
Mr. Malone showed another graph of where they stand as far as attractions, beach,
cruises/charters, golf courses, marinas, restaurants and shopping being open. He said it is
apparent that Baldwin County’s coast is re-open for business.

Mr. Malone asked the Commissioners, as well as the citizens of Baldwin County, to help
them spread the word that Baldwin County is open for business. There is still some
renewal and clean-up working going on but it is progressing rapidly. There is a nice group
of snowbirds (people from the north) in town and more are expected in by the first of
February. They appreciate their presence as well as the presence of all the visitors to
Baldwin County. It is the hospitality of the people and citizens of Baldwin County that
keep people coming back.

Mr. Malone referred the Commission and public to their website at www.agccvb.org where
all the statistics and data is available. He said they had provided a lot of data to the
Baldwin County Board of Education in preparation for their trip to New York to meet with
their bond rating people. He offered the same services to the County Commission.

Mr. Malone said before the storm, there were approximately 13,800 units. This
encompassed the Gulf Shores, Fort Morgan and Orange Beach area. This puts them in the
same range of rooms as places such as Atlantic City, NJ; Charleston, SC; Daytona Beach,
FL; and Jacksonville, FL.

Chairman Bishop was surprised about Baldwin County by-passing Fort Walton Beach, FL
and Sandestin, FL. Mr. Malone said they are ahead of them and growing faster than they
are growing.

Mr. Malone explained that their 2004 figures will be skewed by the effects of the
hurricane. In addition, the 2005 figures will be slightly skewed as well as they are going
through a recovery process this year. Their goal is to be back on top no later than 2006.

Chairman Bishop was impressed that by June of this year, 91% of the accommodation
inventory would be open. Mr. Malone pointed out that those figures only include the
rebuilding of existing units. There are another few thousand units of new construction
underway. They expect 1,000 of those to come on-line this year. They will be back on par
with volume of units by this summer if you add in the new units.

Commissioner Lipscomb said the growth has been phenomenal. One thing that makes it so
special is that it is family oriented. He trusted that it would always be a priority in Baldwin
County and Alabama as other states have chosen casinos and other types of activity. The
family atmosphere we have been able to maintain is our strength.

Mr. Malone said he recently looked back at some newspapers from the 1930’s. In reading
those areas, early pioneers of tourism development in the beach area, made the point that
the vision for the Alabama Gulf Coast was to be a family destination.

Commissioner Burt thanked Mr. Malone for the job he has done for the Gulf Coast
Convention and Visitor’s Bureau.

Mr. Malone said the teamwork they have in working together between business to
business, city to city, city to county is great and that is what it takes to make it happen.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO MAKE THE COMMENTS PART OF THE RECORD. UNANIMOUS.

                                  RESOLUTION #2005-38

Commissioner Gruenloh appeared before the Commission and recognized and
congratulated Mr. George Spottswood, of Point Clear, on the occasion of his selection as
“Business Innovator of the Year” as named by the Alabama Technology Network.
Commissioner Gruenloh then presented Mr. Spottswood with the following Resolution
#2005-38:

                                       RESOLUTION #2005-38

       By Commissioner Wayne A. Gruenloh
       codified as Resolution #2005-38 of the Baldwin County Commission

            CONGRATULATING MR. GEORGE SPOTTSWOOD FOR EARNING
       RECOGNITION AS “BUSINESS INNOVATOR OF THE YEAR” AS NAMED BY THE
       ALABAMA TECHNOLOGY NETWORK.


               WHEREAS, in a desire to recognize outstanding accomplishments by citizens of
       Baldwin County, Alabama, the Baldwin County Commission congratulates Mr. George
       Spottswood, of Point Clear, Alabama, on the occasion of his earned recognition as
       “Business Innovator of the Year” as named by the Alabama Technology Network; and

               WHEREAS, Mr. Spottswood, President of Quality Filters, Inc., of Robertsdale,
       Alabama, and Industrial Filtration Services, in Silverhill, Alabama, was selected from
       among fifty nominated business leaders throughout Alabama before being conveyed such
       an honor; and

                WHEREAS, at a time when more and more manufacturing companies are
       relocating oversees, Mr. Spottswood not only maintains and strengthens America’s
       manufacturing base, but, furthermore, supports the national and local economy by
       generating jobs for local citizens; and

                WHEREAS, upon such a momentous and important occasion, this honorable
       county governing body hereby congratulates Mr. Spottswood who, through his selection to
       such a prestigious position, honors all the citizens of Baldwin County, Alabama, and,
       indeed, is deserving of special public commendation; now therefore

               BE IT RESOLVED BY THE BALDWIN COUNTY COMMISSION, IN
       REGULAR SESSION ASSEMBLED, That we hereby congratulate Mr. George
       Spottswood, of Point Clear, Alabama, on the occasion of his earned recognition as
       “Business Innovator of the Year” as named by the Alabama Technology Network and wish
       him continued success.

                                         IN WITNESS WHEREOF, we have hereunto
                                         set our hands and caused the Seal of the County
                                         of Baldwin to be affixed at the County Seat in
                                         Bay Minette, Alabama, on this the eighteenth
                                         day of January, 2005.

       ________________________________               _________________________________
       Commissioner David Ed Bishop                   Commissioner Albert Lipscomb
       Chairman                                       Vice Chairman

       ________________________________              _________________________________
       Commissioner Frank Burt, Jr.                  Commissioner Wayne A. Gruenloh

Mr. Spottswood expressed his appreciation for this recognition. Although his name has
been applied to this award, he had with him, a team of fine men and women from Baldwin
County. He introduced Rich Scott, Vice President who has played a key membership role
in their VISION Program; Russell Dennis, IT Manager; Jackie Milstid, Accounting
Manager; Tina Miller, HR Coordinator; Ed Sulskey, Plant Manager; Jason Henderley,
Sales Manager; and Donnie Payne, VISION Manager.

Mr. Spottswood said VISION is an acronym they have developed. Under the VISION
Program, all their continuous process improvement programs apply. Programs like Lean
Manufacturing and SigSigma have been learned through hours of training with Alabama
Technology Network. He highly recommended at least a 1 day orientation with Alabama
Technology Network for businesses in Baldwin County.

Mr. Spottswood said they are losing a lot of their business overseas. He felt this was a
reason for concern and felt their free enterprise process and freedom was at stake if they
don’t maintain a manufacturing base of operation.
Mr. Spottswood said Baldwin County is blessed with a group of very diverse, quality
manufacturers and was proud to be one of them. Some of their Lean programs are far
ahead of theirs and he saluted them. Quality Filters would like to unite with them through
whatever methods they can find. Bob Higgins of Baldwin County Economic Development
Alliance is a champion of Lean manufacturing and can help stimulate this unity. Mr.
Spottswood felt they can maintain a base of manufacturing in the United States and survive
and thrive in this competitive environment.

Commissioner Lipscomb said it is important to remember to shop at home first.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
LIPSCOMB TO ADOPT AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AFOREMENTIONED RESOLUTION #2005-38 WHICH CONGRATULATES MR.
GEORGE SPOTTSWOOD, OF POINT CLEAN, ALABAMA, ON THE OCCASION OF
HIS SELECTION AS “BUSINESS INNOVATOR OF THE YEAR” AS NAMED BY
THE ALABAMA TECHNOLOGY NETWORK. UNANIMOUS.

                                   CONSENT AGENDA

The Chairman asked if the Commission wanted to discuss or remove any items from the
Consent Agenda?

Locke W. Williams, Clerk/Treasurer informed the Commission that there is a replacement
item for Consent Agenda Item #E7 which pertains to Baldwin County Fiber Network. He
explained that the reason for the replacement is because the initial item had only 1
application attached and there are actually 2 different applications. In addition, there is an
attachment to Consent Agenda Item #E49 which pertains to Personnel – 2005
Performance Evaluations (Annual Employment Contracts).

Commissioner Lipscomb asked that Consent Agenda Item #E4 which pertains to Baldwin
County Legislative Delegation – Proposed Amendments to Act No. 91-719 and Consent
Agenda Item #E37 which pertains to National Hurricane Conference (Travel for County
Engineer), be removed from the Consent Agenda.

        BALDWIN COUNTY LEGISLATIVE DELEGATION – PROPOSED
                  AMENDMENTS TO ACT NO. 91-719

The background provided to the Commission on the Agenda Action Form regarding
Baldwin County Legislative Delegation – Proposed Amendments to Act No. 91-719, is as
follows:

       Senator Bradley Byrne forwarded a copy of a proposed Local Bill which
       would amend Act No. 91-719, as amended. Act No 91-719, as amended,
       remains the enabling Local Legislation which authorizes the Baldwin
       County Commission to exercise planning & zoning in applicable areas of
       unincorporated Baldwin County.

       The Baldwin County Commission has reviewed the text of the proposed
       Local Bill, forwarded by Senator Byrne, and has drafted correspondence
       making limited changes to the text. The Baldwin County Commission shall
       forward correspondence to the Delegation after authorizing the Chairman to
       sign said correspondence.

Commissioner Lipscomb expressed concern with the letter that is included as part of the
Agenda Packet. The letter requests the Legislative Delegation to consider specific
language in a bill, that would re-write the Planning and Zoning laws of Baldwin County
from 1991.
Commissioner Lipscomb’s concern with the letter is the reference to “B” which would take
away someone’s right to appeal for a jury trial, if there is a dispute between the County and
an individual or corporation. He recalled when they first passed the bill that part of the
assurance was that if there was a dispute in zoning, a person would not be denied the right
to access a court and that would include a jury trial. Commissioner Lipscomb said the
recommendation in the draft letter would disallow a jury trial and would allow for a non-
jury trial which would go before a judge. Commissioner Lipscomb said his statement is
not meant to be reflective of the judges in Baldwin County as they do have an outstanding
group of judges. He felt they did need to look more carefully at the request.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO PULL CONSENT AGENDA ITEM #E4 WHICH PERTAINS TO
BALDWIN COUNTY LEGISLATIVE DELEGATION – PROPOSED AMENDMENTS TO
ACT NO. 91-719 FOR FURTHER CONSIDERATION AND POSSIBLE CHANGES.

Commissioner Burt said this has been through the Workshop and came to the table at the
request of the Planning Department. The Planning Department has had conversation with
local legislators. Senator Byrne went to a great amount of effort to draft legislation and
sent it for this Commission to review. He had asked that the Commission make a prompt
response. Commissioner Burt felt it was inappropriate to table this issue and not respond
just because they have a problem with one item. He said if Commissioner Lipscomb wants
to strike something out, then he can make a motion to do that and send them the remainder
of the draft bill.

Commissioner Burt said the recommendation for a nonjury trial is from the County’s Legal
Department, who has to defend the County in case of lawsuits. He said quite often, these
cases can go through a jury trial and the County loses at the jury level. When it goes on for
appeal, in cases past, in counties with zoning, they have won on appeal. A jury trial is very
expensive. This cases are about technical, detailed matter that needs to be reviewed by a
judge.

Commissioner Lipscomb said his concern is from the citizens point of view. He is aware
the Commission has to balance the budget for the County. He felt this was a fundamental
issue and fundamental right. Commissioner Lipscomb did not think the bill was in proper
form. The bill will have to be advertised and he knew time was of the essence.

Commissioner Lipscomb said if they would table this matter and take it back to Workshop,
then they would be in a better position to move forward.

Commissioner Burt said the same local delegation that gave the County this bill before,
also gave the County the Personnel Bill which contains the language for a nonjury trial.
He again recommended Commissioner Lipscomb strike out the portion that refers to a
nonjury trial if he is dissatisfied with it. Commissioner Lipscomb said that would be
acceptable to him and he would be prepared to withdraw his motion to table if that is in
order and they have consensus to do that.

Commissioner Burt said he and Commissioner Gruenloh met with the lawyers and staff
and brought it as a Committee recommendation. When it was brought to Workshop,
Commissioner Lipscomb voiced his opposition. Commissioner Burt said it is an
opportunity to vote your opposition today but he did not think they were being respectful
of the Legislative Delegation if they re-hash it and put it off for a period of time.

Commissioner Lipscomb said he would withdraw his motion to table if Commissioner
Burt felt it was appropriate to strike that one section which refers to a nonjury trial.
Otherwise, he will stick with his original motion.

Commissioner Gruenloh said he and Commissioner Burt did meet with Legal Counsel and
the Planning Director. He is comfortable with the language of a nonjury trial and seconded
the motion in order to allow them to discuss this issue. He saw no reason why it should be
taken back to the Workshop. Commissioner Gruenloh felt the citizens would still have a
fair trial.

VOTING YEA, COMMISSIONER LIPSCOMB. VOTING NO, COMMISSIONER
BURT, COMMISSIONER GRUENLOH AND CHAIRMAN BISHOP. MOTION
FAILED.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE THE CHAIRMAN TO SIGN CORRESPONDENCE TO
THE BALDWIN COUNTY LEGISLATIVE DELEGATION REGARDING THE
DELEGATION’S REQUEST FOR INPUT, FROM THE BALDWIN COUNTY
COMMISSION, AS TO A PROPOSED LOCAL BILL WHICH WOULD AMEND ACT
NO. 91-719, AS AMENDED, WHICH CORRESPONDENCE PROVIDES LIMITED
CHANGES TO SAID LOCAL BILL. VOTING YEA, COMMISSIONER BURT,
COMMISSIONER GRUENLOH AND CHAIRMAN BISHOP. VOTING NO,
COMMISSIONER LIPSCOMB. MOTION PASSED.

                     NATIONAL HURRICANE CONFERENCE

Commissioner Lipscomb said there was some discussion in recent days regarding travel
for the County Engineer to attend the National Hurricane Conference in New Orleans,
Louisiana.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO TABLE ANY ACTION ON CONSENT AGENDA ITEM #E37
WHICH REFERS TO NATIONAL HURRICANE CONFERENCE (I.E., TRAVEL TO NEW
ORLEANS, LA FOR THE COUNTY ENGINEER). UNANIMOUS.

                                 CONSENT AGENDA

There being no other requests to discuss or remove any other items from the Consent
Agenda, it was MOTIONED BY COMMISSIONER GRUENLOH, SECONDED BY
COMMISSIONER BURT TO APPROVE THE CONSENT AGENDA AS FOLLOWS
WITH THE EXCEPTION OF CONSENT AGENDA ITEM #E4 AND #E37:

                                     ------------

                                  STATELINE PRIDE

       RETROACTIVELY APPROVED THE ESTABLISHMENT OF A
       PUBLIC HEARING FOR THE TRANSFER OF A RETAIL BEER 050
       (OFF PREMISES ONLY) AND A RETAIL TABLE WINE 070 (OFF
       PREMISES ONLY) FOR STATELINE PRIDE ON FEBRUARY 15, 2005
       AT 9:00 A.M.

                                     ------------

              BOOT CAMP GRANT & PERFORMANCE CONTRACT

       TOOK THE FOLLOWING ACTIONS:

       1) AUTHORIZED THE CHAIRMAN TO EXECUTE THE CAMP
       GRANT AWARD AGREEMENT WITH THE STATE OF ALABAMA
       DEPARTMENT OF YOUTH SERVICES, WHICH PROVIDES $100,000
       TO THE COMMISSION THIS FISCAL YEAR FOR BALDWIN
       JUVENILES ORDERED INTO A BOOT CAMP PROGRAM BY THE
       JUVENILE JUDGE. FURTHER, AUTHORIZED THE CHAIRMAN TO
       EXECUTE THE GRANT-RELATED DISCLOSURE STATEMENT;
2) APPROVED THE FY 2004-2005 JUVENILE BOOT CAMP
PERFORMANCE CONTRACT BETWEEN THE COUNTY OF
BALDWIN AND THE BOYS AND GIRLS CLUBS OF SOUTH
ALABAMA, INC. FOR $133,333.33 CONSISTING OF $100,000 IN
STATE FUNDS AND $33,333.33 IN LOCAL MATCH FUNDS.
FURTHER, AUTHORIZED THE CHAIRMAN TO EXECUTE THE
PERFORMANCE CONTRACT.

                             ------------

                         SOLID WASTE REFUNDS

AUTHORIZED SOLID WASTE COLLECTION REFUNDS TOTALING
$1,196.44 TO THE FOLLOWING INDIVIDUALS:

   Gabriel Perez                         $11.85
   Michael W Moulton                     $50.36
   Mattie Merchant                       $11.85
   Michael Magnoli                       $55.05
   Harold W Rogers                       $11.85
   J T Duddy                             $57.40
   V R Bray                               $8.89
   Beverlyn Houston                      $11.85
   Lorraine Forman                       $23.70
   J & A Broxson                         $14.35
   Robin R Davis                         $28.70
   Glen Hosmer                           $32.11
   John C Shoupe                         $82.51
   Marshall Bennett                      $35.55
   Veronica Deffes                       $77.03
   Robert W Williams                     $32.29
   W & Mary Brown                        $17.78
   David Oglesby                         $14.35
   Richard Dorman                        $14.35
   Shelley McHardy                       $23.70
   Johnny Charrier                       $11.85
   Lynn Collier                           $2.96
   Alicia Jones                         $106.65
   Bryan & Tina Derch                    $18.35
   Michael & R Saba                       $8.89
   Greg & Jamie Saad                     $14.35
   R & Val Cunningham                    $23.70
   Larry & Carla Cole                    $17.94
   Douglas L Stewart                     $14.81
   Mike Pontieri                         $35.55
   Tom & Cindy Nelson                   $140.10
   T & C Matheny                         $17.94
   Sara Rebecca Bain                     $17.94
   A&M Hall                               $5.93
   JI & E Wiggins                        $14.35
   Gary Heaton                           $17.94
   Marguerita Sheridan                   $32.29
   Hubert McCann Jr                      $11.85
   John B Griffin                        $55.05
   Vennie C Johnson                       $8.89
   K & C Davidson                         $3.59
                                      $1,196.44

                             ------------

   BALDWIN COUNTY CATTLE & FAIR ASSOCIATION, INC.

AUTHORIZED AN APPROPRIATION OF $750 EACH FROM BCC
DISTRICT 1, 2, 3, & 4’S CONTINGENCY FUND TO THE BALDWIN
COUNTY CATTLE & FAIR ASSOCIATION, INC., SUCH TOTAL
APPROPRIATION TO BE USED EXCLUSIVELY TO REMUNERATE
THE BALDWIN COUNTY CATTLE & FAIR ASSOCIATION, INC.,
FOR PROVIDING POST-HURRICANE IVAN AGRICULTURAL
RECOVERY INFORMATION FOR CITIZENS DURING THE 2004
BALDWIN COUNTY FAIR, THE PROVISION OF SUCH SUPPORT
CONVEYED THROUGH REDUCED ADMISSION FEES AND FREE
BOOTHS TO ENTITIES WITH AGRICULTURAL INFORMATION;
FURTHER, AUTHORIZED THE CHAIRMAN TO SIGN THE
REQUIRED “AGREEMENT” BETWEEN THE BALDWIN COUNTY
COMMISSION AND BALDWIN COUNTY CATTLE & FAIR
ASSOCIATION, INC., IN ORDER TO CONVEY THE TOTAL $3,000
APPROPRIATION. LASTLY, AUTHORIZED THE CHAIRMAN TO
SIGN THE REQUIRED CORRESPONDENCE.

                     ------------

           LONG TERM RECOVERY PLANNING

RETROACTIVELY APPROVED THE CHAIRMAN SIGNING A
LETTER ADDRESSED TO BRUCE BAUGHMAN, AEMA DIRECTOR
REQUESTING THAT BALDWIN COUNTY BE CONSIDERED FOR
INCLUSION IN A FEMA ESF 14 LONG TERM RECOVERY PLAN.

                     ------------

           BALDWIN COUNTY FIBER NETWORK

TOOK THE FOLLOWING ACTIONS:

1) AUTHORIZED THE CHAIRMAN TO SIGN THE APPLICATION FOR
WIRELINE CROSSING WITH CSX TRANSPORTATION;

2) AUTHORIZED THE CHAIRMAN TO SIGN THE WIRELINE
CROSSING AGREEMENT WITH CSX TRANSPORTATION AFTER
REVIEW BY LEGAL COUNSEL.

                     ------------

                  MOBILE BAYWATCH

AUTHORIZED THE CHAIRMAN TO SIGN A LETTER TO THE
PRESIDENT OF MOBILE BAYWATCH REQUESTING RESULTS TO
THE MERCURY STUDY.

                     ------------

     SALES TAX – REFUND REQUEST FOR TAX ID. 5332

APPROVED A REFUND IN THE AMOUNT OF $495.95 FOR OVER-
PAYMENT OF SALES TAX AS TAXPAYER REMITTED 4% TAX
INSTEAD OF 2% FOR THE PERIOD OF JUNE, 2004.

                     ------------

  SELLERS USE TAX – REFUND REQUEST FOR TAX ID. 7112

APPROVED A REFUND IN THE AMOUNT OF $429.89 AS
TAXPAYER OVERPAID SELLERS USE TAX.
                    ------------

   REQUEST FOR PENALTY WAIVER – TAXPAYER ID. 2983

DENIED THE REQUEST OF PENALTY WAIVER IN THE AMOUNT
OF $393.88.

                    ------------

          ST. PATRICK’S LEPRECHAUN CHASE

APPROVED THE ROUTE PER POLICY ON COUNTY ROAD 52 AND
COUNTY ROAD 55 IN ROBERTSDALE FOR THE RUNNING OF THE
16TH ANNUAL LEPRECHAUN CHASE ON SUNDAY, MARCH 13,
2005, WITH THE BALDWIN COUNTY SHERIFF’S DEPARTMENT
PROVIDING THE SECURITY AND THE BALDWIN COUNTY
TRAFFIC CONTROL PROVIDING ANY NECESSARY BARRICADES.

                    ------------

   BLACKWATER RIVER – WATER QUALITY SAMPLING

TOOK THE FOLLOWING ACTIONS:

1) AUTHORIZED THE CHAIRMAN TO SIGN A LETTER TO THE
STATE OF ALABAMA AND NOAA TO EXPEND APPROXIMATELY
$30,000 TO OBTAIN BACKGROUND WATER QUALITY DATA IN
THE BLACKWATER RIVER;

2) UPON CONCURRENCE, AUTHORIZE THE CHAIRMAN TO SIGN
AN AMENDMENT TO THE EXISTING CONTRACT WITH BARRY
VITTOR AND ASSOCIATES TO OBTAIN BACKGROUND PRE-
DEVELOPMENT WATER QUALITY SAMPLES ON THE BLACK-
WATER RIVER AND PERDIDO BAY FOR AN ADDITIONAL
COST NOT TO EXCEED $30,000.

                    ------------

   ESCAMBIA COUNTY FLORIDA AND BALDWIN COUNTY
               EASTFORK LANDFILL

PURSUANT TO ACTION OF THE BALDWIN COUNTY
COMMISSION, DURING THEIR DECEMBER 21, 2004, REGULAR
MEETING, WHICH “TABLED” A REQUEST FROM THE
DEVELOPMENT & ENVIRONMENTAL DIRECTOR REGARDING
CONSTRUCTION AND DEMOLITION DEBRIS FROM ESCAMBIA
COUNTY, FLORIDA, POSTPONE ACTION ON THE ISSUE UNTIL
FURTHER RECOMMENDATION FROM THE DEVELOPMENT AND
ENVIRONMENTAL DIRECTOR.

                    ------------

              CLAIM – WARREN V. JONES

APPROVED THE CLAIM OF WARREN V. JONES IN THE AMOUNT
OF $400 FOR DAMAGES RECEIVED TO HIS CHAINSAW WHILE
CLEARING HURRICANE IVAN DEBRIS ON ROCKHILL ROAD ON
DECEMBER 15, 2004.
                     ------------

               DRAFT PARK LEGISLATION

AUTHORIZED THE CHAIRMAN TO SIGN A LETTER TO THE
ALABAMA ASSOCIATION OF COUNTY COMMISSIONERS AND
THE BALDWIN COUNTY LEGISLATIVE DELEGATION
REQUESTING THEIR SUPPORT AND ENDORSEMENT OF THE
DRAFT LEGISLATION WHICH GRANTS THE COMMISSION THE
AUTHORITY TO REGULATE ITS PARKS AND PUBLIC ACCESSES.

                     ------------

                 RESOLUTION #2005-21

RECONFIRM THE “DIVISIONAL RESOLUTION OF THE BALDWIN
COUNTY COMMISSION”, AS CODIFIED AS RESOLUTION #2005-21
OF THE BALDWIN COUNTY COMMISSION, WHICH EFFECTS
CERTAIN PROCEDURAL REQUIREMENTS AND PRESCRIBES
OTHER PERMITTED DUTIES AS ENUMERATED AT ACT NO. 239
(1931), AS AMENDED, AND APPLICABLE LAW.

                     ------------

             J.M. WOOD AUCTION COMPANY

APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN THE
CONTRACT WITH J.M. WOOD AUCTION COMPANY TO CONDUCT
SURPLUS EQUIPMENT AUCTIONS FOR THE BALDWIN COUNTY
COMMISSION FOR FISCAL YEAR 2004/2005.

                     ------------

               BALDWIN COUNTY SEWER

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05001-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL THE FOLLOWING:

   APPROXIMATELY 4,210 L.F. 4” SDR CLASS 160 SEWER
   FORCE MAIN ON THE WEST SIDE OF FISH RIVER ROAD;

   APPROXIMATELY 32 L.F. DIRECTIONAL BORE AND
   ASSOCIATED FITTINGS ON GAVIN LANE;

   APPROXIMATELY 32 L.F. DIRECTIONAL BORE AND
   ASSOCIATED FITTINGS ON FISHERMAN’S LANE;

   APPROXIMATELY 32 L.F. DIRECTIONAL BORE AND
   ASSOCIATED FITTINGS ON YUPON LANE;

   APPROXIMATELY 1,330 L.F. 4” SDR CLASS 160 SEWER
   FORCE MAIN ON THE NORTH AND WEST SIDE OF GAVIN
   LANE TO PROVIDE SERVICE IN THE AREA
                       ------------

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05002-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL SEWER FORCE MAIN BEGINNING AT THE EXISTING
4” SDR CLASS 160 SEWER FORCE MAIN AT 17426 RIVER ROAD
ON THE EAST SIDE OF RIVER ROAD, APPROXIMATELY 32 L.F.
DIRECTIONAL BORE AND ASSOCIATED FITTINGS ON RIVER
ROAD, APPROXIMATELY 4,100 L.F. 4” SDR CLASS 160 SEWER
FORCE MAIN CONTINUING NORTH ALONG THE WEST SIDE OF
RIVER ROAD TO PROVIDE SERVICE IN THE AREA.

                     ------------

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05003-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL SEWER FORCE MAIN BEGINNING AT THE NORTH-
WEST INTERSECTION OF BASIN LANE AND HIGHWAY 9;

   TIE IN TO EXISTING 8” SDR CLASS 160 SEWER FORCE
   MAIN; INSTALL APPROXIMATELY 1902 L.F. 4” SDR CLASS
   160 SEWER FORCE MAIN ALONG THE WEST SIDE OF
   HIGHWAY 9;

   APPROXIMATELY 350 L.F. 4” SDR CLASS 160 SEWER
   FORCE MAIN ALONG THE SOUTH SIDE OF SINGLETON
   LANE;

   APPROXIMATELY 378 L.F. 4” SDR CLASS 160 SEWER
   FORCE MAIN ALONG THE EAST SIDE OF JUNIPER LANE
   IN FOLEY TO PROVIDE SERVICE TO THE AREA

                     ------------

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05004-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL SEWER FORCE MAIN BEGINNING AT EXISTING 2”
VALVE AT THE SOUTHWEST CORNER OF BARCLAY AVENUE
AND SANTA PIEDRO STREET APPROXIMATELY 1200 L.F. 2” SDR
CLASS 160 SEWER FORCE MAIN ON THE WEST SIDE OF SANTA
PIEDRO STREET ENDING AT 34291 U.S. HIGHWAY 98 TO PROVIDE
SERVICE TO THE AREA.

                     ------------

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05005-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL SEWER FORCE MAIN BEGINNING AT EXISTING 2”
VALVE AT 7588 BLAKELEY OAKS DRIVE NORTH;
   APPROXIMATELY 1,078 L.F. 2” SDR CLASS 160 SEWER
   FORCE MAIN ON THE SOUTH SIDE OF BLAKELEY OAKS
   DRIVE NORTH AND THE WEST SIDE OF BLAKELEY OAKS
   DRIVE EAST;

   BEGINNING AT EXISTING 2” VALVE ON BLAKELEY
   OAKS DRIVE WEST, APPROXIMATELY 2,146 L.F. 2” SDR
   CLASS 160 SEWER FORCE MAIN ON THE NORTH SIDE OF
   BLAKELEY OAKS DRIVE SOUTH AND THE WEST SIDE OF
   BLAKELEY OAKS DRIVE EAST;

   APPROXIMATELY 20 L.F. DIRECTIONAL BORE AND
   ASSOCIATED FITTINGS ALONG BLAKELEY OAKS DRIVE
   NORTH. THIS PROJECT WILL PROVIDE SERVICE WITHIN
   THE BLAKELEY OAKS SUBDIVISION.

                     ------------

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05006-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL SEWER FORCE MAIN BEGINNING AT EXISTING 2”
LINE AT THE NORTHEAST CORNER OF KELLER ROAD AND
ALABAMA STATE HIGHWAY 59, APPROXIMATELY 2,650 L.F. 4”
SDR CLASS 160 SEWER FORCE MAIN ON THE NORTH SIDE OF
KELLER ROAD; APPROXIMATELY 32 L.F. 4” DIRECTIONAL BORE
AND ASSOCIATED FITTINGS ON DRAKE DRIVE TO PROVIDE
SERVICE TO THE AREA.

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05007-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL SEWER FORCE MAIN BEGINNING AT EXISTING 4”
VALVE ON COUNTY ROAD 99 NEAR EMMANUEL AVENUE;

   APPROXIMATELY 32 L.F. 4” DIRECTIONAL BORE AND
   ASSOCIATED FITTINGS ON COUNTY ROAD 99;
   APPROXIMATELY 400 L.F. 4” SDR CLASS 160 SEWER
   FORCE MAIN ON THE SOUTH SIDE OF EMMANUEL
   AVENUE;

   APPROXIMATELY 350 L.F. 4” SDR CLASS 160 SEWER
   FORCE MAIN ON THE WEST SIDE OF BAYVIEW DRIVE TO
   9216 BAYVIEW DRIVE;

   APPROXIMATELY 32 L.F. 4” DIRECTIONAL BORE AND
   ASSOCIATED FITTINGS ON BAY VIEW DRIVE TO
   PROVIDE SERVICE IN THE AREA.

                     ------------

           BALDWIN COUNTY SEWER SERVICE

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05008-S TO BALDWIN COUNTY SEWER SERVICE
TO INSTALL 500 L.F. 2” SDR CLASS 160 SEWER FORCE MAIN
BEGINNING AT EXISTING 2” LINE AT THE SOUTHWEST CORNER
OF MOLSBEE ROAD AND CARVER ROAD CONTINUING EAST
ALONG THE SOUTH SIDE OF CARVER ROAD TO PROVIDE
SERVICE TO THE AREA.

                      ------------

                   RIVIERA UTILITIES

APPROVED AND AUTHORIZED THE HIGHWAY DEPARTMENT TO
ISSUE PERMIT #05009-S TO RIVIERA UTILITIES TO BORE
COUNTY ROAD 20 AT JAMES ROAD WITH APPROXIMATELY 60
L.F. SIXTEEN INCH STEEL CASING PIPE FOR NEW 10 INCH
GRAVITY SEWER LINE TO PROVIDE SERVICE IN THE AREA.

                      ------------

 BAY MINETTE MAIL ROOM – POSTAGE MACHINE RENTAL

AUTHORIZED THE CHAIRMAN TO EXECUTE THE LEASE AGREE-
MENT WITH ACCURATE CONTROL (NEOPOST) OF FAIRHOPE TO
RENEW THE RENTAL OF THE POSTAGE MACHINE FOR THE BAY
MINETTE MAIL ROOM FOR 12 MONTHS WITH OPTION TO RENEW
FOR 1 YEAR AS FOLLOWS:

   NEOPOST MAILMASTER 30/AL DIGITAL MAILING
   SYSTEM

   NEOPOST MODEL IJ85AI POSTAGE METER

   1 RATE CHANGE PROTECTION

   $1,830.77 PER QUARTER – TOTAL PER YEAR $7,323.08

   WARRANTY & MAINTENANCE CONTRACT - $1,645 PER
   YEAR

                      ------------

  BID #WG05-04 – PROVISION OF PERSONAL PROTECTION
    EQUIPMENT FOR FIRST RESPONSE TEAMS AND ERT
     EMERGENCY TEAMS FOR THE BALDWIN COUNTY
                     COMMISSION

APPROVED THE SPECIFICATIONS AND AUTHORIZED THE
PURCHASING AGENT TO PLACE A COMPETITIVE BID.

                      ------------

     BID #WG05-05 – PURCHASE OF 75 OR MORE VHF
  TONE & VOICE PAGERS FOR SEARCH & RESCUE TEAMS
       FOR THE BALDWIN COUNTY COMMISSION

AWARDED BID #WG05-05 TO THE LOWEST RESPONSIBLE
BIDDER, TEAM ONE COMMUNICATIONS AS FOLLOWS:

AMOUNT BID: $325.00 EACH
MAKE/MODEL: MOTOROLA/ A03KUS7238BC
DELIVERY TIME: 1½ WEEKS
                     ------------

      BID #WG05-11 – PURCHASE OF 1 TRACK TYPE
  EXCAVATOR FOR THE BALDWIN COUNTY COMMISSION
                    (SOLID WASTE)

AWARDED BID #WG05-11 TO THE LOWEST RESPONSIBLE
BIDDER, THOMPSON TRACTOR COMPANY WHO MET ALL THE
SPECIFICATIONS AS FOLLOWS:

AMOUNT BID: $254,988.00
MAKE/MODEL: CATERPILLAR 330CL
AVAILABILITY: WITHIN 45 DAYS
LOCATION OF PARTS FACILITY: MALBIS, AL
MAINTENANCE/REPAIRS COST PER HOUR $7.20
*WITH NO EXCEPTIONS

                     ------------

     BID #WG05-12 – SALE OF THE COUNCIL ON AGING
 BUILDING LOCATED IN ROBERTSDALE FOR THE BALDWIN
                 COUNTY COMMISSION

AUTHORIZED THE PURCHASING OFFICER TO RE-BID.

                     ------------

       BID #WG05-14 – PROVISION OF CLOSED TOP
  RECYCLING ROLL OFF CONTAINERS FOR THE BALDWIN
         COUNTY COMMISSION (SOLID WASTE)

APPROVED THE SPECIFICATIONS AND AUTHORIZED THE
PURCHASING AGENT TO PLACE A COMPETITIVE BID.

                     ------------

      48TH ANNUAL TRANSPORTATION CONFERENCE

AUTHORIZED GEORGE DAVIS, ASSISTANT COUNTY ENGINEER
TO ATTEND THE 48TH ANNUAL TRANSPORTATION CONFERENCE
IN AUBURN, AL FEBRUARY 9-10, 2005 AT AN ESTIMATED COST
OF $400 (LODGING, CONFERENCE FEE, AND MEALS).

                     ------------

ALABAMA DEPARTMENT OF TRANSPORTATION CONCRETE
              TECHNOLOGY TEST

APPROVED TRAVEL TO MOBILE FOR WALTER MACKEY, BRIDGE
INSPECTOR TO COMPLETE THE ALABAMA DEPARTMENT OF
TRANSPORTATION CONCRETE TECHNOLOGY TEST AT AN
APPROXIMATE COST OF $175.
                     ------------

  ALABAMA GOVERNMENT MANAGEMENT INFORMATION
           SCIENCES WINTER CONFERENCE

APPROVED TRAVEL FOR DAVID PIMPERL, CIS DIRECTOR AND
MICHAEL JOB, COMMUNICATIONS MANAGER TO PRATTVILLE,
ALABAMA FOR ALABAMA GOVERNMENT MANAGEMENT
INFORMATION SCIENCES WINTER CONFERENCE FEBRUARY 27
THROUGH MARCH 2, 2005 AT AN ESTIMATED TOTAL COST OF
$1,150.

                     ------------

          SOUTHERN RURAL TRANSIT MEETING

APPROVED TRAVEL FOR ROSIE SANFORD, BRATS DIRECTOR TO
ATTEND A TRANSIT CONFERENCE SPONSORED BY THE
FEDERAL TRANSIT ADMINISTRATION IN NEW ORLEANS, LA
JANUARY 19-21, 2005 WITH NO COST TO THE COUNTY.

                     ------------

 EMERGENCY SHELTER GRANT 2005 APPLICATION WORK-
                     SHOP

APPROVED TRAVEL FOR STACY MCKEAN, GRANTS
COORDINATOR TO MONTGOMERY, AL ON MONDAY, JANUARY
24, 2005 FOR THE EMERGENCY SHELTER GRANT APPLICATION
WORKSHOP AT A COST OF $25.

                     ------------

          NATIONAL HURRICANE CONFERENCE

APPROVED TRAVEL FOR LEIGH ANNE RYALS, EMA DIRECTOR
AND JAN BYRD, EMERGENCY SPECIALIST TO NEW ORLEANS
MARCH 21-25, 2005 TO ATTEND THE NATIONAL HURRICANE
CONFERENCE.

                     ------------

    CROAA – COURSE II (LEGAL CONSIDERATIONS FOR
                 LOCAL REVENUE)

APPROVED TRAVEL FOR DEBBIE WEST, REVENUE EXAMINER II
TO ATTEND A WORKSHOP SPONSORED BY JACKSONVILLE
STATE UNIVERSITY IN PELHAM, AL ON FEBRUARY 9-11, 2005,
DEPARTING ON FEBRUARY 8, 2005 AT A COST OF
APPROXIMATELY $558.34 .

                     ------------

                     SOLID WASTE

APPROVED THE PROMOTION OF BENNIE MOSELY FROM AN
OPERATOR TECH I, AT A GRADE D, 03 TO FILL THE
OPEN/FUNDED OPERATOR TECH III POSITION AT A GRADE F, EL,
WITH A PROMOTION DATE OF JANUARY 24, 2005.
                     ------------

                BUILDING INSPECTIONS

APPROVED THE EMPLOYMENT OF CLAUDE DESROSIERS TO
FILL THE OPEN/FUNDED BUILDING INSPECTOR III, AT A GRADE
J, 03 WITH A START DATE OF JANUARY 24, 2005.

                     ------------

        COMMUNICATIONS/INFORMATION SYSTEM

APPROVED THE FOLLOWING PERSONNEL AND
ORGANIZATIONAL CHANGES WITHIN THE COMMUNICATIONS &
INFORMATION SYSTEMS DEPARTMENT (CIS) AS DETAILED:

      PERSONNEL AND ORGANIZATIONAL CHANGES
                 CAN BE FOUND IN
      SUPPLEMENTAL MINUTE BOOK #37, VOLUME #1

                     ------------

        COMMUNICATIONS/INFORMATION SYSTEM

TOOK THE FOLLOWING ACTIONS:

1) APPROVED THE EMPLOYMENT OF TIMOTHY DOERR TO FILL
THE OPEN/FUNDED NETWORK SUPPORT SPECIALIST I, AT A
GRADE J, EL WITH A START DATE NO SOONER THAN JANUARY
24, 2005;

2) APPROVED THE EMPLOYMENT OF BRIAN PEACOCK TO FILL
THE COMMUNICATION TECHNICIAN II, AT A GRADE J, EL, WITH
A START DATE NO SOONER THAN JANUARY 24, 2005.

                     ------------

     PERSONNEL – 2005 PERFORMANCE EVALUATIONS

APPROVED PERCENTAGE INCREASES FOR THE FOLLOWING
SALARIED EXEMPT EMPLOYEES EFFECTIVE JANUARY 10, 2005:

    PERCENTAGE INCREASES FOR SALARIED EXEMPT
                   EMPLOYEES
                 CAN BE FOUND IN
      SUPPLEMENTAL MINUTE BOOK #37, VOLUME #1

                     ------------

     PERSONNEL – 2005 PERFORMANCE EVALUATIONS

TOOK THE FOLLOWING ACTIONS:

1) APPROVED PERCENTAGE INCREASES FOR THE FOLLOWING
APPOINTED CONTRACT EMPLOYEES EFFECTIVE JANUARY 10,
2005;
         PERCENTAGE INCREASES FOR CONTRACT EMPLOYEES
                          CAN BE FOUND IN
               SUPPLEMENTAL MINUTE BOOK #37, VOLUME #1

         2) AUTHORIZED THE CHAIRMAN TO SIGN THE ANNUAL
         EMPLOYMENT CONTRACTS.

UNANIMOUS.

                           PAYMENT OF BILLS

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO APPROVE PAYMENT OF BILLS AS FOLLOWS TOTALING $5,059,645.06
WITH THE EXCEPTION OF BILLS PAID FROM DISCRETIONARY FUNDS WHICH
ARE AUTHORIZED FOR PAYMENT SOLELY AS DIRECTED BY THE OFFICIAL
RESPONSIBLE BY LAWS:

Wrt. #                           Date                 Amount

                              GENERAL FUND

DISBURSEMENT FUND                01/18/05             $3,468,667.07
                                 01/18/05             $ 35,531.99
                                 01/18/05             $ 164,067.16

                       COUNTY TRANSPORTATION FUND

DISBURSEMENT FUND                01/18/05             $        3.76
                                 01/18/05             $        4.72

                        LEGISLATIVE DEL OFF FUND

DISBURSEMENT FUND                01/18/05             $    3,454.90
                                 01/18/05             $       30.38
                                 01/18/05             $      483.00

                       JUVENILE DETENTION FAC. FUND

DISBURSEMENT FUND                01/18/05             $    5,194.89
                                 01/18/05             $       95.31
                                 01/18/05             $      563.73

                         7 CENT GASOLINE TAX FUND

DISBURSEMENT FUND                01/18/05             $   183,675.73
                                 01/18/05             $     6,571.65
                                 01/18/05             $    50,235.25

                            REAPPRAISAL FUND

DISBURSEMENT FUND                01/18/05             $    8,797.83
                                 01/18/05             $    2,500.00
                                 01/18/05             $      555.00

                          COUNCIL ON AGING FUND

DISBURSEMENT FUND                01/18/05             $    5,679.42
                                 01/18/05             $      201.36
                                 01/18/05             $   11,190.83

                             SECTION 18 FUND

DISBURSEMENT FUND                01/18/05             $ 11,961.68
                                 01/18/05             $    177.96
                                 01/18/05             $ 18,668.51
                                        PARKS FUND

DISBURSEMENT FUND                         01/18/05                      $    1,365.86
                                          01/18/05                      $      896.21
                                          01/18/05                      $       35.52

                                        FEMA FUND

DISBURSEMENT FUND                         01/18/05                      $    38,351.98
                                          01/18/05                      $    53,158.35
                                          01/18/05                      $    56,434.35

                          2002 WARRANT CONSTRUCTION FUND

DISBURSEMENT FUND                         01/18/05                      $    16,086.98
                                          01/18/05                      $     1,450.00
                                          01/18/05                      $    20,240.86

                          2003 WARRANT CONSTRUCTION FUND

DISBURSEMENT FUND                         01/18/05                      $ 166,313.88
                                          01/18/05                      $    2,550.00

                                   DEBT SERVICE FUND

DISBURSEMENT FUND                         01/18/05                      $ 395,085.22

                                    SOLID WASTE FUND

DISBURSEMENT FUND                         01/18/05                      $ 29,797.34
                                          01/18/05                      $    336.94
                                          01/18/05                      $ 34,091.07

                            SOLID WASTE COLLECTION FUND

DISBURSEMENT FUND                         01/18/05                      $ 92,592.07
                                          01/18/05                      $ 12,233.96

                                 LAND REDEMPTION FUND

DISBURSEMENT FUND                         01/18/05                      $ 62,037.49
                                          01/18/05                      $ 94,257.43

                            PLANNING & ZONING COMM FUND

DISBURSEMENT FUND                         01/18/05                      $        151.50
                                          01/18/05                      $        176.00

                                    LAW LIBRARY FUND

DISBURSEMENT FUND                         01/18/05                      $    3,689.88

Of this amount, $1,680,143.59 is payable to the B.C. Board of Education for its portion of
county sales & use tax. In addition, the following Accounts Payable vendors had amounts
exceeding $20,000:

       Vendor Name                      Amount         Brief Description
       Baldwin Co. Bd of Education      1,972,826.19   Sales/Use Tax
       Robertson Insurance Agency         633,467.00   Annual Premium
       The Bank of New York               277,735.42   Warrants
       Trademark Construction             166,313.88   Probate Renovations
       South Alabama Regional             143,940.74   Contract Laborers
       SouthTrust Bank                    117,349.80   Warrants
       Faulkner State Community College    88,352.17   Sales/Use Tax
       Solid Waste Department              86,136.70   Tipping Fees
       Plymouth Park                       78,648.69   Land Redemption
       Photo Science                       66,406.56   Land Use Classification
       Baldwin County Mental Health        66,240.00   Cigarette Tax
       City of Daphne                      56,841.34   Gas & Oil Distribution
       Dobson Sheet Metal                    52,524.00   Foley Courthouse roof repairs
       Juvenile Detention Center             49,680.00   Cigarette Tax
       Hosea O Weaver                        46,096.05   Asphalt
       City of Fairhope                      45,209.57   Gas & Oil Distribution
       Equifunding                           45,130.90   Land Redemptions
       David Whetstone                       44,986.25   Quarterly Appropriation
       Minto Energy                          40,251.10   Fuel
       Gulf Coast Office Products            40,124.53   Office supplies/furniture
       Mobile Asphalt                        38,866.10   Asphalt
       ESRI, INC                             35,979.18   Computer & Maintenance
       Thompson Tractor                      34,550.84   Maintenance
       Baldwin Economic Alliance             30,000.00   Quarterly Appropriation
       City of Bay Minette                   26,807.75   Gas & Oil Distribution
       City of Foley                         26,019.28   Gas & Oil Distribution
       Alabama Power                         25,109.20   Utilities
       M&N of Alabama                        22,000.00   Co Rd 1 Drainage Repair
       Independent Health Services           21,033.46   Prisoner Drugs
       Southern Communications Services      20,445.42   Telephone services
       North Baldwin INFIRMARY               20,312.11   Prisoner Treatment
                                          4,419,384.23

UNANIMOUS.

                              TEALWOOD SUBDIVISION

Tealwood Subdivision is currently under construction. The Auxiliary Lane Permit requires
an overlay of the existing roadway (County Road 64). Since County Road 64 is under
construction by the Highway Department, a CPP is proposed for the required overlay to
reduce the number of pavement joints.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO TAKE THE FOLLOWING ACTIONS:

       1) ACCEPT THE FINANCIAL PARTICIPATION FROM THE
       DEVELOPER, YIA DEVELOPMENT, LLC IN THE AMOUNT OF
       $6,200 FOR THE OVERLAY OF APPROXIMATELY 380LF OF CR 64
       UNDER THE CITIZENS PARTICIPATION PROGRAM (CPP).

       2) AUTHORIZE THE HIGHWAY DEPARTMENT TO PLACE AN
       ASPHALT SURFACE COURSE ON THE DECELERATION LANE AT
       TEALWOOD SUBDIVISION ON CR 64 UPON RECEIPT OF THE
       $1,000.00 FROM THE DEVELOPER.

       3) ACCEPT A PERFORMANCE BOND ($13,200.00) FROM GULF
       EQUIPMENT COMPANY FOR THE AUXILIARY LANE PERMIT.

UNANIMOUS.

     EMERGENCY WATERSHED PROTECTION (EWP) AGREEMENTS –
                     HURRICANE IVAN

Emergency Watershed Protection (EWP) Agreements provide reimbursable funds that are
available from NRCS to restore damaged sites. The County generally performs the
construction and inspection, thereby providing in-kind services. Subsequent to the
completion of the work a reimbursement requested will be submitted.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO TAKE THE FOLLOWING ACTIONS:

       1) AUTHORIZE THE CHAIRMAN TO SIGN THE TWO (2)
       EMERGENCY WATERSHED PROTECTION (EWP) AGREEMENTS
       WITH THE NATURAL RESOURCE CONSERVATION SERVICE
       (NRCS) FOR ASSISTANCE IN THE RESTORATION OF FOURTEEN
       (14) SITES ALONG COUNTY MAINTAINED ROADS (BAL090401 –
       BAL090414) DAMAGED BY HURRICANE IVAN ESTIMATED AT
       $253,000.00;

       2) AUTHORIZE THE HIGHWAY DEPARTMENT TO COMPLETE THE
       WORK AT THE FOURTEEN (14) SITES UPON RECEIPT OF THE
       EXECUTED AGREEMENTS FROM NRCS.

UNANIMOUS.

                               OVERTON SUBDIVISION

Overton Subdivision is currently under construction. The Auxiliary Lane Permit requires
an overlay of the existing roadway (CR 64). Since CR 64 is under construction by the
Highway Department, a CPP is proposed for the required overlay to reduce the number of
pavement joints.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO TAKE THE FOLLOWING ACTIONS:

       1) ACCEPT THE FINANCIAL PARTICIPATION FROM ELITE
       DEVELOPMENT, LLC IN THE AMOUNT OF $1,000.00 FOR THE
       OVERLAY OF APPROXIMATELY 300LF OF CR 64 UNDER THE
       CITIZENS PARTICIPATION PROGRAM (CPP).

       2) AUTHORIZE THE HIGHWAY DEPARTMENT TO PLACE AN
       ASPHALT SURFACE COURSE ON THE DECELERATION LANE AT
       OVERTON SUBDIVISION ON CR 64.

       3) ACCEPT A PERFORMANCE BOND ($22,224.00) FROM GULF
       EQUIPMENT COMPANY FOR THE AUXILIARY LANE PERMIT.

UNANIMOUS.

      HIGHWAY 181 (FORMERLY COUNTY ROAD 27)/COUNTY ROAD 64

Tom Granger, County Engineer appeared before the Commission. Traffic volumes and
turning movements handled by the intersection of Highway 181 (formerly County Road
27) and County Road 64 have increased to the point where the left turn protect arrows are
warranted on County Road 64 to supplement the left turn protect arrows installed in 2003
on Highway 181 (formerly County Road 27). The County Engineer received verbal
confirmation from Wayne Curry in the Alabama Department of Transportation (ALDOT)
9th Division that the State would allow this signal installation without formal action from
ALDOT as long as the County paid for the entire expense which we estimate to be $5,000.

Mr. Granger informed the Commission that the contract for doing this work is on State
Bid. Therefore, all labor, equipment and materials do not have to be put out for bid. Staff
has met with the contractor who is getting the County a price list this week. Based on the
last project, this should cost approximately $5,000.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER TO D.M. KENNEDY AND ASSOCIATES, INC. UNDER THE STATE BID
FOR APPROXIMATELY $5,000 FOR THE LABOR, EQUIPMENT, AND MATERIALS
TO ADD “LEFT TURN PROTECT” SIGNALS ON COUNTY ROAD 64 WHERE IT
INTERSECTS WITH HIGHWAY 181 (FORMERLY COUNTY ROAD 27).
UNANIMOUS.
                  HILLCREST DRIVE AND HIXON ROAD WEST

Tom Granger, County Engineer appeared before the Commission and informed them that a
request was received from property owners along Hillcrest Drive and Hixon Road West, to
add their county maintained roads to the County’s Multiyear Paving List. Approximately
12 residences and one business utilize these roads.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
LIPSCOMB TO ADD THE FOLLOWING TWO (2) ROADS TO THE COUNTY’S
MULTIYEAR PAVING LIST:

       1) HILLCREST DRIVE – 0.75 MILES (NORTH FROM US 98;

       2) HIXON ROAD W – 0.50 MILES (WEST FROM HILLCREST DRIVE)

UNANIMOUS.

                           SWIFT ELEMENTARY SCHOOL

Tom Granger, County Engineer appeared before the Commission. The drive up lane at for
student loading/unloading at Swift Elementary School was eroded and uneven and was
causing problems for the students getting in and out of the cars after a rain. This material
was placed during the Christmas break.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO RETROACTIVELY APPROVE THE PLACEMENT OF LIMESTONE
MATERIAL AT SWIFT ELEMENTARY SCHOOL WITH THE COST OF $310.50
BEING FUNDED BY BALDWIN COUNTY COMMISSION DISTRICT 4’S HIGHWAY
CONTINGENCY FUND. UNANIMOUS.

                    COUNTY ROAD 83 CORRIDOR EXTENSION

Tom Granger, County Engineer appeared before the Commission. The County Road 83
Corridor Extension project and its value to Baldwin County and the State of Alabama has
been discussed with three Administrations with no definite commitment from the State.
This letter formally requests the State to commit resources towards the completion of the
project.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN THE LETTER
TO GOVERNOR RILEY REQUESTING THE STATE’S COMMITMENT TO
ENHANCING THE COUNTY ROAD 83 CORRIDOR EXTENSION PROJECT.
UNANIMOUS.

                         FORT MORGAN SAND REMOVAL

Tom Granger, County Engineer appeared before the Commission. During the September
30, 2004 Special Baldwin County Commission meeting, the Commission Awarded
contract to low bidder for initial sand removal/sifting/deposition/spreading on Fort Morgan
Peninsula to John G. Walton Construction.

The original contract resulted in successfully removing approximately 100,000cy of sand
from County roadways on the Fort Morgan Peninsula and placing and spreading clean sand
back on the beaches on the Peninsula. As residents and property managers returned to
clean up their property, they brought sand from their private property out to the ROW
where it is blowing across the roadways potentially obstructing access for emergency
vehicles.
Mr. Granger recommended the Commission declare an emergency and authorize staff to
take bids for the removal and sifting of sand from County rights-of-ways along the Fort
Morgan Peninsula. The Federal Emergency Management Agency (FEMA) has been there
and stated it was eligible work for public assistance. Staff will follow the same format,
they basically had before. Mr. Granger clarified that by declaring an emergency, it simply
allows staff to solicit bids without advertising in the newspaper as they would normally
have to. This bid will be sent to 10 to 12 contractors.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO DECLARE AN EMERGENCY AND AUTHORIZE STAFF TO TAKE
BIDS FOR THE REMOVAL AND SIFTING (IF NECESSARY) OF SAND FROM
COUNTY RIGHTS-OF-WAYS ALONG THE FORT MORGAN PENINSULA AND
REDEPOSITION AND SPREADING OF CLEAN SAND BACK ON FORT MORGAN
BEACHES CONTINGENT UPON RECEIVING WRITTEN CONFIRMATION FROM
FEMA THAT THIS PROJECT IS ELIGIBLE FOR REIMBURSEMENT THROUGH
FEMA’S PUBLIC ASSISTANCE PROGRAM.

Commissioner Burt asked if the declaration of an emergency is beyond the emergency
already in place in which Mr. Granger said that was correct. This declaration of
emergency is to basically go out for bids.

J. Scott Barnett, Chief Counsel said Mr. Granger had submitted the document to him
through the Legal Department, as normal protocol. He was able to look at that document
yesterday and give it approval from the Legal Department.

UNANIMOUS.

                                  COUNTY ROAD 64

Tom Granger, County Engineer appeared before the Commission. As the County Road 64
project progressed, it was determined that additional drainage pipe would be required and
leveling course of asphalt on the existing travel way was needed. The additional estimated
material costs increased this project from an estimated $260,000 to an estimated $385,000.
The City of Daphne was reimbursing the County for approximately 1/3rd of the cost of
materials. Mr. Granger explained that cost overruns are mainly due to the addition of a lot
of piping. They have added approximately 1,200 feet of pipe and the addition of a level
course of asphalt due to the condition of the road. At one time, this project was estimated
by contractors at over $1 million. Even with the cost overrun, they are looking at a
$385,000 project.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO APPROVE THE ESTIMATED COST OVERRUNS IN THE AMOUNT OF
$125,000 FOR MATERIAL EXPENSES TO BE INCURRED ON THE COUNTY ROAD
64 WIDENING AND RESURFACING PROJECT FROM HIGHWAY 98 TO STATE
HIGHWAY 181 (FORMERLY COUNTY ROAD 27) CONTINGENT UPON THE CITY
OF DAPHNE PAYING 1/3 OF THE OVERRUN ESTIMATED TO BE $41,667 AND
THE COUNTY PAYING 2/3 OF THE COST OVERRUN ESTIMATED TO BE $83,333
AND FURTHER AUTHORIZE THE CHAIRMAN TO SEND A LETTER TO THE CITY
OF DAPHNE REQUESTING THEIR CONCURRENCE. UNANIMOUS.

                    HURRICANE IVAN DEBRIS CLEANUP DAY

Jim Ransom, Environmental Development Director appeared before the Commission and
informed them they are trying to bring a closure to the debris cleanup from Hurricane Ivan.
Crowder Gulf, the County contractor has been working since the end of September until
now.
Due to the various amounts of eligible/ineligible debris left on Baldwin County right-of-
ways, the Solid Waste Department desires to conduct a Hurricane Ivan Debris Cleanup
Day on March 5, 2005. The intent of the cleanup day is to allow all residents of
unincorporated Baldwin County to bring, at no charge, debris to the three disposal sites
within the County.

Since each governmental entity signed separate debris cleanup contracts, the Department
will require that each participant bringing debris to a disposal site for free disposal must
have a recent remittance stub. For all customers not possessing a recent remittance stub,
normal rates will be charged.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE THE BALDWIN COUNTY SOLID WASTE
DEPARTMENT TO CONDUCT A HURRICANE IVAN DEBRIS CLEANUP DAY,
SATURDAY, MARCH 5, 2005, FROM 7:00 A.M. – 3:00 P.M., ONLY FOR CURRENT
BALDWIN COUNTY SOLID WASTE DEPARTMENT RESIDENTIAL CUSTOMERS
TO DISPOSE OF DEBRIS AT NO-CHARGE AT THE MAGNOLIA LANDFILL,
MACBRIDE C & D LANDFILL AND THE BAY MINETTE TRANSFER STATION.

Commissioner Gruenloh asked if they would reschedule this event if it was a rainy day on
March 5? Mr. Ransom said they would not reschedule but would probably try to have
another County wide cleanup day in early summer.

Commissioner Gruenloh asked if they would keep track of the loads of debris that come
into the drop-off sites in which he said they would.

UNANIMOUS.

  COMMUNITY BASED HABITAT RESTORATION GRANT FOR BOHEMIAN
                           PARK

At the Baldwin County Commission meeting on November 16, 2004 the Commissioners
approved the grant application to the Gulf of Mexico for a Community-Based Habitat
Restoration Grant. Baldwin County was awarded $50,000 to implement a stream
restoration project at Bohemian Park, located at County Road 48 and Fish River. A stream
restoration plan was developed by the Planning Department with assistance from the
Alabama Department of Conservation and Natural Resources Weeks Bay Reserve and the
U.S. Fish and Wildlife Service.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO TAKE THE FOLLOWING ACTIONS:

       (1) AUTHORIZE THE BALDWIN COUNTY COMMISSION TO
       APPROVE THE GRANT CONTRACT/AGREEMENT FOR A $50,000
       GRANT AWARDED TO THE BALDWIN COUNTY COMMISSION
       FROM THE GULF OF MEXICO FOUNDATION FOR THE BOHEMIAN
       PARK STREAM RESTORATION PROJECT.

       (2) AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN THE
       GRANT CONTRACT/AGREEMENT AND CERTIFICATIONS,
       DISCLOSURES, AND OTHER REQUIRED DOCUMENTATION
       AFTER REVIEW AND APPROVAL OF LEGAL COUNSEL.

       (3) AUTHORIZE PLANNING AND ZONING DEPARTMENT,
       HIGHWAY DEPARTMENT, AND PARKS DEPARTMENT TO
       CONDUCT RESTORATION.

       (4) RESCIND THE FOLLOWING ACTION TAKEN AT THE MARCH
       18, 2003 MEETING:
            PER THE RECOMMENDATIONS OF THE PARKS
            COMMITTEE, AUTHORIZED THE COUNTY COMMISSION TO
            APPROVE A STREAM RESTORATION PLAN (ALTERNATIVE
            #2) TO STABILIZE THE BANKS AT BOHEMIAN PARK USING
            TECHNICAL ASSISTANCE FROM WETLAND RESOURCES,
            INC., U.S. FISH AND WILDLIFE SERVICES, AND NATURAL
            RESOURCE CONSERVATION SERVICE TO ALLOW FOR
            CONTINUED PUBLIC ACCESS TO THE RIVER ALONG WITH
            PROVIDING AN ECOLOGICAL FRIENDLY SOLUTION TO THE
            EROSION PROBLEM.

            AUTHORIZED THE CHAIRMAN'S SIGNATURE ON A LETTER
            TO NOAA AND THE STATE OF ALABAMA REQUESTING
            APPROVAL TO CONTRACT WITH WETLAND RESOURCES,
            INC. TO DEVELOP A STREAM RESTORATION PLAN WHICH
            WOULD INCLUDE A TIMELINE OF STEPS, FUNDING
            ASSISTANCE, PARK SCHEMATIC AND CONSTRUCTION
            SPECIFICATIONS FOR THE BANK STABILIZATION, WITH
            THE FUNDING OF THIS EXPENDITURE NOT TO EXCEED
            $5,000.00.

            UPON CONCURRENCE FROM NOAA, AUTHORIZED THE
            CHAIRMAN TO EXECUTE A CONTRACT AND ALL OTHER
            PERTINENT DOCUMENTS WITH WETLAND RESOURCES,
            INC. WITH RESPECT TO THE DEVELOPMENT OF THE
            STREAM RESTORATION PLAN.

UNANIMOUS.

                        PROPERTY LEASE IN POINT CLEAR

Mr. Brodbeck contacted the County regarding a potential lease of property adjacent to
Zundel’s Lane in Point Clear. Staff feels this property could be used for parking to enhance
the existing water access. The Parks Department does not have a problem improving/
maintaining the property. The Legal Department has prepared a lease. The lease has been
forwarded to Mr. Brodbeck for review and he had no objections. Mr. Brodbeck requested
Zundel’s Lane be open for vehicular traffic as a clause in the lease. Legal Department has
inserted the clause.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE THE CHAIRMAN TO SIGN THE LEASE
AGREEMENT AND RELATED CORRESPONDENCE TO LEASE A HALF ACRE OF
PROPERTY LOCATED AT THE END OF ZUNDEL’S LANE IN POINT CLEAR,
ALABAMA AT A PRICE OF $142.80 PER YEAR.

Commissioner Gruenloh said when he was at a meeting regarding Zundel’s Lane, there
was a question as far as Mr. Brodbeck doing the lease with the access. He asked if that has
been resolved?

Cara Stallman, Senior Natural Resource Planner appeared before the Commission and
informed them that the lease would be contingent upon the road being continually opened.
Vehicular access is not to be restricted on the road. She said based on a Supreme Court
Case, Chief Counsel agrees with the recommendation.

Chairman Bishop said this does not prohibit the erection of a speed limit sign, or a sign
that says “no parking” along the road.
Ms. Stallman asked for permission to make a minor correction and clarified that the lease
agreement is for the cost of the property taxes each year. That is subject to change each
year.

COMMISSIONER BURT WITHDREW HIS MOTION AND COMMISSIONER
GRUENLOH WITHDREW HIS SECOND.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE THE CHAIRMAN TO SIGN THE LEASE
AGREEMENT AND RELATED CORRESPONDENCE TO LEASE A HALF ACRE OF
PROPERTY LOCATED AT THE END OF ZUNDEL’S LANE IN POINT CLEAR,
ALABAMA WITH THE END ON THE HIGHWAY SIDE, NOT THE BEACH SIDE,
AND THE COST OF THE LEASE BEING THE AMOUNT OF THE PROPERTY TAX
FOR THE YEAR.

Commissioner Lipscomb asked if the lease is just for 1 year, with renewal each year?
J. Scott Barnett, Chief Counsel said the lease as attached to the agenda item is an annual
lease. However, if neither party acts to terminate it under the terms of the lease, it
automatically renews on it’s own. It is an annual lease with an option to renew
automatically.

Commissioner Lipscomb said this is a very generous offer and asked that if approved by
this Commission, appreciation for this offer be placed in writing.

Commissioner Lipscomb asked if there is any legal authority at the county level and/or
possibly, the municipal level, about restricting certain hours?

Mr. Barnett said the details of questions that were raised at the meeting regarding Zundel’s
Lane, have not been in writing as of yet. The research is half finished and will be put in
writing to the Commissioners very soon.

Chairman Bishop said they have not answered the question about whether a road can be
closed to vehicle traffic at night or not. He felt it was unusual for that to be applicable or
possible, especially on a road that has been open for 50 years.

Commissioner Burt said the man who is leasing the property says the road has to stay
open.

Chairman Bishop said you might be able to put up a sign but he did not know if you could
restrict the road.

Commissioner Lipscomb said there are some serious complications with this area. One is
that this is a small right-of-way. It is a small right-of-way and thus, hard to get in, turn
around and get out in the daytime, much less nighttime.

Chairman Bishop said there is another meeting scheduled February 2, 2005 at the Fairhope
Courthouse regarding Zundels Lane in order to work with the residents and come up with
amicable solutions.

UNANIMOUS.

                     BALDWIN COUNTY CORRECTIONS TEAM

During the December 21, 2004, regular meeting, the Baldwin County Commission
established a body or committee styled as the “Baldwin County Community Corrections
Team” to study local legislation on a possible community corrections program for Baldwin
County. The discussion on the subject was initiated by Sheriff James Johnson at a County
Commission work session held prior to December 21. The “Team” is composed as a five-
member body of Commissioner Frank Burt (Chairman of Team), District Attorney,
Sheriff, State Representative Randy Davis & Presiding Judge Reid.
On January 6, 2005, the Chairman of the Team, Commissioner Burt, informed the County
Commission that the Team met on two occasions and that they were in unanimous
concurrence as to a proposed “Local Bill,” on the subject, for introduction during the 2005
Regular Session of the Alabama Legislature by the B. C. Legislative Delegation (Please
see a copy of Commissioner Burt’s e-mail to the County Commission as dated January 6,
2005). Furthermore, please find attached a copy of the final draft of the proposed “Local
Bill” as submitted by the Team.

Each of the members of the Team have submitted, in writing, their respective concurrence
as to the final text of the “Local Bill” as submitted by the Team.

At this time, Commissioner Burt, as Chairman of the Team, respectfully asks the County
Commission to: [1] accept the report of the “team,” [2] thank the “Team” members for
their service & [3] forward correspondence to the B. C. Legislative Delegation informing
the Delegation of the Team’s concurrence as to the final text of the “Local Bill” and for
adoption by Alabama Legislature.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO TAKE THE FOLLOWING ACTIONS:

       [1]   ACCEPT THE FINAL DRAFT OF THE PROPOSED LOCAL
       BILL, AS SUBMITTED BY THE “BALDWIN COUNTY COMMUNITY
       CORRECTIONS TEAM,” REGARDING A “COMMUNITY
       CORRECTIONS PROGRAM” FOR BALDWIN COUNTY, ALABAMA;
       AND

       [2] AUTHORIZE THE CHAIRMAN TO SIGN CORRESPONDENCE
       THANKING THE MEMBERS OF THE “BALDWIN COUNTY
       COMMUNITY CORRECTIONS TEAM” FOR THEIR SERVICE; AND

       [3]   AUTHORIZE THE CHAIRMAN TO SIGN CORRESPONDENCE
       RESPECTFULLY REQUESTING THE BALDWIN COUNTY
       LEGISLATIVE DELEGATION TO ACCEPT THE FINAL DRAFT OF
       THE PROPOSED LOCAL BILL, AS SUBMITTED BY THE “BALDWIN
       COUNTY COMMUNITY CORRECTIONS TEAM,” REGARDING A
       “COMMUNITY CORRECTIONS PROGRAM” FOR BALDWIN
       COUNTY, ALABAMA, AND PROVIDE FOR ITS
       INTRODUCTION/ADOPTION DURING THE 2005 REGULAR
       SESSION OF THE LEGISLATURE OF ALABAMA.

Commissioner Gruenloh thanked Commissioner Burt for heading up the Team as he did a
great job and it was a pleasure to see the various parties work together in order to develop a
good piece of legislation.

Commissioner Gruenloh expressed concern because he has not seen any figures regarding
the revenue that will be generated by the facility or the expenses. He did not want to hold
up the process but would like to see the figures.

Chairman Bishop said they are asking staff to gather that information and have it for the
Commission by the next Work Session.

Commissioner Gruenloh said he would be more comfortable if they had the information by
the next Work Session. He saw this legislation creating another department, whether it is
operated by the Commission or a separate board, with revenues and expenses.

Commissioner Burt said the Team discussed sources of revenue. There is no push from
the Team to create this until the Commission chose to go into the Community Correction
business. At that point or prior, all the research they are talking about doing would have to
be done. The Commission would then have to vote to enter into the Community
Corrections business. The Board would then be in place and would consist of the
Presiding Judge, Chairman of Baldwin County Commission, Sheriff, Circuit Clerk and
District Attorney. They would have oversight over Community Corrections from then on,
once the Commission votes to put it in place.

Commissioner Burt said he would not vote to create a Community Corrections until they
had all the questions answered, that Commissioner Gruenloh has raised. But, if they don’t
have the legislation, they can’t do anything.

Commissioner Burt said this is permissive legislation that is broad and open. It was
drafted that way by Judy Newcombe of the District Attorney’s Office in order that it could
give options to the Commission. Once the Commission chooses to do this, then they
would need to meet again and decide if they want the Commission, Sheriff or independent
board to run the Community Corrections. Commissioner Burt was in hopes they could
proceed with getting the legislation to the delegation so they can advertise and give the
permissive legislation. In the mean time, staff can be working on the number of people it
would reduce from going in to the County Corrections Center and decide whether it would
be an alternate source of sentencing for the judges. Commissioner Burt did say it would
not interfere with the Court Referral that is in place today. That would still remain and it
would be up to the judge as to what system he wanted to use.

Commissioner Gruenloh questioned whether there is enough revenue sources in the
legislation to fund a program? If there is not, it would have to be done through some other
type of legislation since the Baldwin County Commission can not create a revenue. He
worried about this being an unfunded mandate.

Chairman Bishop said they can try and get some rough numbers that might be applicable.

Commissioner Lipscomb thanked the Team for their work and hoped they would continue
to work together for a budget. The bottom line is the overcrowding in the Corrections
Center and many reasons for the overcrowding is because the State has not been able to
take a lot of the prisoners.

Chairman Bishop said this Team is basically finished. When the new groups is put
together and they get more serious, they will meet and discuss finances.

Commissioner Burt said the Team that was appointed was not given the task to do research
for this Commission. This puts in place a $1 per day for the court’s people who are on
probation and that is limited by State law. The monitoring of people with the ankle
bracelets is charged $7 per day. That could probably be done for less but there is no limit
as to what can be charged. The 20% minimum of the salary for those who would be
housed and working out, would pay into the Community Corrections, a minimum of 20%.
Ms. Newcombe looked for sources of revenue. Commissioner Burt said if there is not
enough revenue, he will not vote to put it in place when the question comes to the
Commission.

Chairman Bishop said approximately 1 to 2 months ago, this Team was appointed to do the
work. They are just about finished and met 2 or 3 times. He commended them as he has
never seen any groups as responsive as they were. He anticipates a letter of commendation
coming forth for this Team’s work.

Commissioner Burt said there are letters of support from Judge Reid and others. In
addition, there is draft legislation that came from Legislative Reference. Representative
Davis has carried the legislation to Legislative Reference in Montgomery. They have gone
through it and sent it back to Baldwin County. This Commission is simply asking that they
advertise the legislation and pass it.
Chairman Bishop said approximately 1 year ago, the legislation was before the
Commission and they all thought it was a good idea. There were factions getting involved
in it. As a result, the proposed bill was killed and never got anywhere. This time, the
factions have been taken out by getting all the parties involved in helping construct the bill.

Commissioner Gruenloh is in favor of accepting staff recommendation but did ask that
STAFF BE INSTRUCTED TO GATHER SOME FIGURES TOGETHER.

UNANIMOUS.

                           DELTA ELEMENTARY SCHOOL

The PTO of Delta Elementary School submitted a letter to Commissioner Burt in late
October 2004, requesting funds to assist with the Pavilion Project at Delta Elementary
School. Because of the impact of Hurricane Ivan and the Commission’s involvement with
the cleanup efforts and related pressing matters, this request is now submitted.

We are in receipt of a letter from Dr. Hollinger which gives this request his formal
approval. In addition, a materials estimate is attached to the agenda item that itemizes
most of the materials needed to complete the project.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE AN APPROPRIATION OF $6,000.00 FROM BCC
DISTRICT 1’S GENERAL FUND CONTINGENCY TO THE BALDWIN COUNTY
BOARD OF EDUCATION WITH FUNDS TO BE USED EXCLUSIVELY FOR THE
PURCHASE OF MATERIALS NEEDED TO COMPLETE THE PAVILION PROJECT
AT DELTA ELEMENTARY SCHOOL. UNANIMOUS.

                    COUNTY ROAD 83 CORRIDOR EXTENSION

The engineering office received a call from Mr. Steve Pearson with Hand Arendall, LLC,
who was brokering a Real Estate transaction for the described property. During the title
search the error in the legal description was discovered. Mr. Pearson requested that we
expedite the execution of the “Correction Deed to accommodate the closing on the real
estate transaction. Mr. Pearson committed to returning an executed, recorded copy of this
instrument.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO RETROACTIVELY AUTHORIZE THE CHAIRMAN TO EXECUTE
A “CORRECTION DEED” FROM WOERNER REALTY, INC. TO BALDWIN
COUNTY FOR RIGHT-OF-WAY FROM PARCEL 54-02-03-0-000-001.000 WHEREIN
THE ORIGINAL EXECUTED AND RECORDED DEED (INSTRUMENT NO. 764461)
INCORRECTLY DESCRIBED THE COMMENCEMENT POINT AS THE
SOUTHEAST CORNER OF SECTION 3 WHERE IT SHOULD HAVE BEEN THE
SOUTHWEST CORNER. UNANIMOUS.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO RECESS THE BALDWIN COUNTY COMMISSION MEETING AT
10:03 A.M. UNANIMOUS.

The Chairman reconvened the meeting at 10:25 A.M.

                 EASTERN SHORE TRAIL – MONTROSE SECTION

Cara Stallman, Senior Natural Resource Planner appeared before the Commission. There
have previously been several actions regarding the Montrose bike trail.
Bids were opened on January 13, 2005 for the construction of the Eastern Shore Trail.
There were 3 bids received. Peavy construction was the apparent low bidder. This is a
100% reimbursable appropriation through former Congressman Sonny Callahan, funneled
through the Alabama Department of Transportation (ALDOT).

As per ALDOT’s procedure, we need to formally request concurrence to award the bid to
Peavy Construction (scheduled to be awarded at the February 1, 2005 BCC meeting) and
this letter requests such concurrence.

Ms. Stallman said they are still working with the Purchasing Officer and Trailblazers in
order to insure there are enough funds available based on the low bid.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO AUTHORIZE THE CHAIRMAN TO SIGN LETTER TO ALABAMA
DEPARTMENT OF TRANSPORTATION REQUESTING CONCURRENCE TO
AWARD BID FOR THE CONSTRUCTION OF THE MONTROSE SECTION OF THE
EASTERN SHORE TRAIL.

Chairman Bishop said once this section is done and the final section of the Point Clear
section is done, that leaves the section between County Road 32 and the Grand Hotel.
That portion is not funded and there are no plans at this time to do anything about that in
which Ms. Stallman said that was correct.

Chairman Bishop said the thought process in this is that there are quite a few people that
have money and may be able to help them with that particular area. By completing that
final section, it would take the trail all the way down 98 to the Barnwell community where
it turns and goes to Foley in which Ms. Stallman said that was correct.

Ms. Stallman further stated there is one section on County Road 98 where it goes east to
west to Scenic 98 just until it reaches U.S. Highway 98. That would be the only remaining
County section of the Eastern Shore Trail.

Chairman Bishop asked how far it went down County Road 1 in which Ms. Stallman said
it goes to Mullet Point Park.

Chairman Bishop asked about the status of the broken concrete on the south end of the
trail? Ms. Stallman said they have still not accepted the trail from the contractor and are
still withholding the contingency. The contractor will be back down to finish one section
between County Road 32 and Bailey’s Creek Bridge that has not been constructed due to
the speed in relocating utilities. By the end of next month, this should be done and at that
point, they will address the cracks in the concrete, do the final walk through, sign it over
and accept the trail based on the work being corrected.

Commissioner Gruenloh asked where the Montrose section runs in which Ms. Stallman
said the trail will be on the east side of Scenic 98. If you travel from the north to the south,
the Daphne trail ends at the city limits past Judge Roy Beans. It picks up at that points and
goes along the east side of the right-of-way, all the way through Montrose. There are 2
constructed wooden boardwalks designed in this trail and 2 pre-made steel bridges, each to
go over Fly Creek and Rock Creek. The trail will go through the city limits of Fairhope
after it passes Fly Creek and crosses over the intersection of Section Street and Scenic
Highway 98 and Highway 104. It will travel the northeast side of the intersection and link
into the Fairhope Trail.

Ms. Stallman said McCrory & Williams is the engineer for the project and they have done
an outstanding job avoiding the oak trees and protecting the trees. Commissioner Burt
agreed that McCrory & Williams has done an outstanding job working with staff and other
people in the community and brought a bid that will be within budget.

Ms. Stallman said the Baldwin County Trail Blazers has secured the funds and McCrory &
Williams has worked closely with them throughout this entire process.
UNANIMOUS.

                      FOLEY COUNTY COMMISSION OFFICE

Upon the transfer of Nancy Strube to the Central Annex facility, the Office
Administrator’s position in the Foley Commission Office will become available. Gloria
Bitto has been chosen to fill this vacancy.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
BURT TO APPROVE THE PROMOTION AND TRANSFER OF GLORIA BITTO
FROM THE HIGHWAY DEPARTMENT WHERE SHE IS CURRENTLY AN OFFICE
ASSISTANT III AT A GRADE D, STEP 13 TO THE FOLEY COMMISSION OFFICE
AS AN OFFICE ADMINISTRATOR AT A GRADE G, STEP 4. UNANIMOUS.

                                   PROBATE OFFICE

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
LIPSCOMB TO APPROVE A 3% INCREASE IN COMPENSATION FOR PROBATE
CHIEF CLERK, DAVID C. WOOD, EFFECTIVE JANUARY 10, 2005. UNANIMOUS.

HAZARD MITIGATION GRANT APPLICATION – SPECIAL NEEDS SHELTER
                     IN BAY MINETTE

Baldwin County has special needs shelters in Fairhope and Foley where citizens who are
not self-sufficient can have a safe place to stay during a natural disaster. Currently, no
such shelter exists in the northern part of the county. It was determined that the basement
of the Bay Minette utilities building would be an ideal site for a facility of this type.
Funding is currently available through the HMGP program through FEMA to support this
project. A scope of work and cost estimate are required to complete the grant application.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
LIPSCOMB TO TAKE THE FOLLOWING ACTIONS:

       1) AUTHORIZE THE CHAIRMAN TO ACCEPT THE PROPOSAL
       FROM GATLIN HUDSON NOT TO EXCEED $3,800 TO PROVIDE A
       SCOPE OF WORK AND COST ESTIMATE FOR RETROFITTING THE
       BASEMENT IN THE CITY OF BAY MINETTE UTILITY
       DEPARTMENT BUILDING TO SERVE AS A SPECIAL NEEDS
       SHELTER WITH FUNDING TO COME FROM BCC DISTRICT 1’S
       GENERAL CONTINGENCY FUND.

       2) AUTHORIZE THE GRANTS COORDINATOR TO PROCEED WITH
       WRITING A HAZARD MITIGATION GRANT APPLICATION TO
       HARDEN AND RETROFIT THE BAY MINETTE UTILITIES
       BUILDING BASEMENT FOR A SPECIAL NEEDS SHELTER.

VOTING YEA, COMMISSIONER BURT, COMMISSIONER LIPSCOMB, AND
CHAIRMAN BISHOP. ABSTAINING, COMMISSIONER GRUENLOH.

As a matter of information, Commissioner Burt said the Utility Board of the City of Bay
Minette have stepped forward and made recommendations regarding the use of this
facility, which belongs to them. In addition, they have given offers of support in matching
funds and have been cooperative in this effort.

   HAZARD MITIGATION GRANT APPLICATION – HARDENING COUNTY
                         FACILITIES

The Emergency Management Director in Conjunction with the County Grants Coordinator
is seeking Mitigation funds to protect critical County facilities. It has been determined that
there is a need to harden the buildings with hurricane shutters and doors in order to help
protect critical county records, plans and computer equipment. The grant, if approved will
be a 75/25 match cash/in-kind (will determine source when cost estimate is known).

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
LIPSCOMB TO AUTHORIZE THE EMERGENCY MANAGEMENT DIRECTOR TO
PREPARE A HAZARD MITIGATION GRANT APPLICATION ON BEHALF OF THE
COUNTY. THIS GRANT WILL BE WRITTEN TO SEEK FUNDS TO INSTALL
HURRICANE SHUTTERS AND DOORS TO THE BALDWIN COUNTY
ADMINISTRATION, ANNEX I AND II BUILDINGS. UNANIMOUS.

                                    RESOLUTION #2005-39

Chairman Bishop desires for the Baldwin County Commission to adopt a Resolution
requesting the Alabama Department of Transportation establish a service road on the North
side of Interstate 10 from the “Spanish Fort Town Center” to the County Road 13
interchange, at Interstate 10, to State Highway 181 (formerly County Road 27).

The Resolution was prompted pursuant to correspondence from Cypress Equities, dated
January 11, 2005. Chairman Bishop seeks for the request to ALDOT be styled to ask for
the service road to connect from the “Spanish Fort Town Center” all the way to State
Highway 181 (formerly County Road 27).

Commissioner Lipscomb asked if it would be appropriate to clarify that the interchange at
County Road 13, at Interstate 10 is yet to be constructed?

Tom Granger, County Engineer appeared before the Commission and said he met with Mr.
Poiroux last week and if he understood correctly, this is a definite project and it may be bid
this year. The Commission can use the terminology “proposed” or “yet to be constructed”
when referring to this project.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO ADOPT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
FOLLOWING, RESOLUTION # 2005-39 WHICH RESPECTFULLY REQUESTS THAT
THE ALABAMA DEPARTMENT OF TRANSPORTATION ESTABLISH A SERVICE
ROAD ON THE NORTH SIDE OF INTERSTATE 10 FROM THE “SPANISH FORT
TOWN CENTER” TO THE COUNTY ROAD 13 INTERCHANGE AT INTERSTATE
10, YET TO BE CONSTRUCTED, TO STATE HIGHWAY 181 (FORMERLY
COUNTY ROAD 27):

       STATE OF ALABAMA                   )

       COUNTY OF BALDWIN                  )

                                    RESOLUTION # 2005-39
                                          OF THE
                                BALDWIN COUNTY COMMISSION

             RESPECTFULLY REQUESTING THE ALABAMA DEPARTMENT OF
       TRANSPORTATION ESTABLISH A SERVICE ROAD CONNECTING THE
       SPANISH FORT TOWN CENTER TO THE COUNTY ROAD 13 INTERCHANGE,
       AT INTERSTATE 10, AND STATE HIGHWAY 181.

               WHEREAS, currently, in Baldwin County, Alabama, the Alabama Department of
       Transportation is planning their new interchange at Interstate 10 and County Highway 13,
       with such interchange yet to be completed; and

               WHEREAS, at the same time, a large development, known as the “Spanish Fort
       Town Center,” is being planned which will be located North of Interstate 10 and East of
       U.S. Highway 98 in the Spanish Fort, Alabama, community; and
                  WHEREAS, the “Spanish Fort Town Center” is planned to be a 850,000 SF open-
       air lifestyle center encompassing retail establishments, restaurants, a hotel and an auto-park
       which will, collectively, generate significant revenue of benefit to the state and local
       economy; and

                WHEREAS, based upon the foregoing and during this period the Alabama
       Department of Transportation is planning their new interchange, this honorable county
       governing body respectfully requests that the Alabama Department of Transportation
       establish a service road on the North side of Interstate 10 from the “Spanish Fort Town
       Center” to the County Road 13 interchange, at Interstate 10, to State Highway 181; now
       therefore

                BE IT RESOLVED BY THE BALDWIN COUNTY COMMISSION, IN
       REGULAR SESSION ASSEMBLED, That, during this period the Alabama Department of
       Transportation is planning their new interchange at Interstate 10 and County Highway 13,
       this honorable county governing body respectfully requests that the Alabama Department
       of Transportation establish a service road on the North side of Interstate 10 from the
       “Spanish Fort Town Center” to the County Road 13 interchange, at Interstate 10, to State
       Highway 181.

               FURTHER, BE IT RESOLVED, That this instrument be conveyed, forthwith, to
       the Honorable Governor of the State of Alabama, Alabama Department of Transportation
       & Baldwin County Legislative.

                DONE, under the Seal of the County of Baldwin, at the County Seat in Bay
       Minette, Alabama, on this the 18th day of January, 2005.


                                                                            s/s
                                                             Commissioner David E. Bishop, Chairman

       ATTEST:

                       s/s
       Locke W. Williams, Clerk / Treasurer

       This Instrument prepared by:
       David A. Z. Brewer
       Assistant to County Administrator for Research & Special Projects
       Baldwin County Commission

Commissioner Gruenloh asked if it would be appropriate to also send this resolution to the
Governor and copied to the Legislative Delegation? Chairman Bishop said it will be
copied to the Governor and Legislative Delegation.

UNANIMOUS.

           2005 PERFORMANCE EVALUATION – COUNTY ENGINEER

The County Engineer has been evaluated by the Commission. The Employment
Agreement contains provision for a 0% increase in salary.

MOTION BY COMMISSIONER GRUENLOH, SECONDED BY COMMISSIONER
LIPSCOMB TO TAKE THE FOLLOWING ACTIONS:

       1) CONTINUE THE EMPLOYMENT OF APPOINTED CONTRACT
       EMPLOYEE TOM GRANGER, COUNTY ENGINEER; AND

       2) AUTHORIZE THE CHAIRMAN TO SIGN THE ANNUAL
       EMPLOYMENT CONTRACT.

VOTING YEA, COMMISSIONER GRUENLOH AND COMMISSIONER LIPSCOMB.
VOTING NO, COMMISSIONER BURT AND CHAIRMAN BISHOP. MOTION
FAILED.
Commissioner Lipscomb said he has given a great deal of thought to this and talked with
Legal Counsel. He has been with the Commission for 8 months and has worked fairly
closely with most members of the staff. Being Chairman of the Road & Bridge Committee
has allowed him to work very closely with Tom Granger, County Engineer. Commissioner
Lipscomb said very careful consideration needs to be given to this.

MOTION BY COMMISSIONER LIPSCOMB, SECONDED BY COMMISSIONER
GRUENLOH TO EXTEND THE CONTRACT FOR TOM GRANGER, COUNTY
ENGINEER FOR A PERIOD OF 8 MONTHS.

Commissioner Lipscomb explained that this would allow them to achieve some of the
goals they have talked about for the roads and bridges.

MOTION BY COMMISSIONER BURT TO TABLE AND ENTER INTO EXECUTIVE
SESSION IN ORDER TO DISCUSS THIS ISSUE.

MOTION DIED FOR LACK OF A SECOND.

Commissioner Gruenloh said he has only been on the Commission since November and all
of his time has been “post Hurricane Ivan”. He witnessed Mr. Granger doing an admirable
job under the most adverse circumstances during this “post Hurricane Ivan” period, even in
light of Federal Emergency Management Agency (FEMA) regulations. The job Mr.
Granger has done is not what he considers normal for the County Engineer and thus, he has
not had the opportunity to witness Mr. Granger lead his department during a normal time.
He did think they were on the verge of reaching such a period of time.

Commissioner Gruenloh said a number of changes were made to the Highway Department
by the Commission, in the last 6 months prior to Hurricane Ivan. He felt the changes were
made in a good faith effort by the past Commission, to assist the County Engineer with the
management of the largest department the County has. Shortly after those changes were
made, Hurricane Ivan hit and the focus of the Highway Department changed to a “post
Hurricane Ivan” period of cleaning up debris.

Commissioner Gruenloh did not personally think the Commission has given the County
Engineer the chance to operate his department with the changes that were put in place by
the past Commission. If he was given the opportunity to manage his department with these
changes, he felt that a number of the issues raised by some of the Commissioners would be
resolved. Commissioner Gruenloh was hopeful the Commission would reappoint Mr.
Granger to the position of County Engineer.

Commissioner Gruenloh felt the continuity in that position would result in a smooth
transition out of the “Hurricane Ivan era” into the “Baldwin County full speed ahead era”.
He was of the opinion that more could be accomplished by not changing the current
leadership in that department.

Commissioner Lipscomb understood there was a window of time, which is 90 days after a
new Commission takes the oath of office, during which there is a review of 8, potentially 9
Department Heads. He said today was not the final day to make a decision and asked
Chief Counsel if he could give them the window for this matter?

J. Scott Barnett, Chief Counsel said the 90 day provision Commissioner Lipscomb is
speaking of is in the local Act and speaks to the fact that contracts for contract employees
of the County are not binding on the new Commission. The 90 day provision here may not
be as operative as it first appears. The terms of the contract may govern and the terms of
all the County employees contracts have in and of itself, terminated. That is why the
Commission is acting on those contracts today. An extension of a contract is not
necessarily the proper phraseology but rather, to enter into a contract with any County
employee that may be under a contract. Mr. Barnett recommended the Commission not
focus on the 90 day provision as strongly as the contract itself.
Commissioner Lipscomb said if they don’t give an 8 month extension to Mr. Granger’s
contract, will they have an opportunity on February 1 to consider this matter, as far as
employment? Mr. Barnett said the County has the option at any day pass today, to
consider the employment of any such person in such capacity.

VOTING YEA, COMMISSIONER GRUENLOH, COMMISSIONER LIPSCOMB.
VOTING NO, COMMISSIONER BURT AND CHAIRMAN BISHOP. MOTION
FAILED.

                                 EXECUTIVE SESSION

J. Scott Barnett, Chief Counsel requested the Commission adjourn into Executive Session,
with no further action needed, in order to discuss good name and character of an
individual/individuals and pending litigation.

                            COMMISSIONER COMMENTS

Commissioner Lipscomb said Tom Granger has served the County well for many years,
although it may not have been an excellent rating. He has been close to the decision
making process as Chairman of the Road & Bridge Committee for the last 8 months.
Commissioner Lipscomb hoped that in the window of time left in the 90 days, there would
be a willingness in Executive Session to reconsider the action of the Commission today.
He said this was difficult for him because he did not see this coming in time to talk
specifically about areas of deficiency with Mr. Granger. He hoped there would be a proper
forum for reconsideration of employment of Mr. Granger in the very near future.
Commissioner Lipscomb questioned whether there was enough time given to consider all
the implications.

Commissioner Gruenloh said if they are not able to resolve this matter with Mr. Granger,
he has appreciated his forthrightness and truthfulness. Although Mr. Granger has not
always given him the answers he has wanted to hear, Mr. Granger has been as honest,
upright and up front with him as he possibly could and given his view based upon rules
and regulations in place. He appreciated that about him and was in hopes they could
resolve this matter in the proper way.

Commissioner Gruenloh referred to the presentation made earlier today by Herb Malone
and said the amount of revenue Baldwin County provides in lodging tax to the State of
Alabama, amazes him. He was in hopes that Baldwin County would be able to get
everything back in good order so they can continue to receive and provide revenue.

Commissioner Gruenloh said as people pass through Baldwin County on their way down
to Gulf Shores, they stop and eat, get gas and shop. The idea of hospitality is important
throughout Baldwin County.

Chairman Bishop thanked the Commission for all their hard work with the staff interviews.
He also thanked the Corrections Team for all they did to bring the proposed legislation to
the table in a short period of time.

                                  PRESS QUESTIONS

Penelope McClenny of the Mobile Register asked if there were any plans in place for the
changes in the leadership for the County Highway Department in which Commissioner
Lipscomb said there was not from the Road & Bridges side as there was not that much lead
time.

Ben Cruitt of Baldwin County Press asked if there are other areas in the list of laws the
County has that has the same denials for a right to a jury trial as is being recommended in
the proposed local bill which would amend Act No. 91-719, as amended?
J. Scott Barnett, Chief Counsel said the County’s Personnel Local Act which implements
the County’s Personnel System, also has an appeal right to anyone aggrieved to the Circuit
Court. It is a non-jury trial. To his knowledge, that is the only one.

Commissioner Lipscomb said as he has previously stated, he is concerned because they are
talking about a citizen’s right, and not an employee’s right. An employee accepts certain
terms and conditions or moves on and accepts a job somewhere else with different
provisions in a contract. Commissioner Lipscomb recalled 14 years ago when he was in
the Legislature and said what they agreed upon at that time was the fairest and most
fundamental way of handling grievances and it was without any restriction. Now, it will
be coming down to just one person’s decision. He did not mean this as a disparaging
remark against any member of the Baldwin County Judiciary. Commissioner Lipscomb
said it comes down to the fundamental property right. Commissioner Lipscomb said the
thoughts of the Founding Fathers of the United States of America was “life, liberty and
private property rights”. He felt it was a mistake of this Commission and hoped they
would reconsider that as well.

Mr. Cruitt asked if the County has any rules or regulations whereby they have binding
arbitration required in order to settle a matter in which J. Scott Barnett, Chief Counsel said
they did not.

MOTION BY COMMISSIONER BURT, SECONDED BY COMMISSIONER
GRUENLOH TO ADJOURN THE BALDWIN COUNTY COMMISSION MEETING
INTO EXECUTIVE SESSION AT 11:00 A.M. UNANIMOUS.


                                                                           DEB




                                                  02/01/2005 01:32:37 pm

				
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