UPDATE NO 3 Executive Session Of Houston County Commission
Rickey Stokes
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Posted by: RStokes
thehoustonnewspaper@yahoo.com
334-790-1729
Date: Jul 26 2010 10:34 AM
HOUSTON COUNTY: At the request of Gary Sherrer, Attorney for Houston County Commission, the commission went into an Executive Session to discuss a pending legal matter.
The Executive Session is allowed under the Alabama Open Meetings Law to discuss pending legal matters.
At 10:29 AM the commission left the chambers and are meeting with the county attorney. They will return and we will update.
UPDATE @ 10:56 AM
Chairman Culver and members of the Houston County Commission followed that Alabama Open Meetings Law and cited to the public it was a pending legal matter which they were going into an Executive Session. They would be discussing the pending legal matter with their attorney.
More to come.
The executive session meeting to discuss a pending legal matter, what is it about? The issue is the money that has been paid into the courts that should be returned to Country Crossings. App. 1 million has been paid into the courts.
December 2009 Country Crossings paid to Houston County a license fee of $ 1.7 million dollars to operate electronic bingo in Houston County.
Then your Governor Bob Riley and Mobile’s District Attorney sends 250 state troopers to Houston County to intimidate Country Crossings and force them to close. Since they have not been allowed to re-open Country Crossings has filed for their money back.
The case has been assigned to a Lee County Circuit Court Judge that has sit on his buttocks and never ordered this case for a hearing. Oh…the chairman of the Alabama Republican Party, Mike Hubbard, is in Lee County…
The commissioners are discussing this legal matter with their attorney, Gary Sherrer.
UPDATE @ 11:16 AM
The Houston County Commissioners are on their way back into the meeting. Updates to follow...
UPDATE @ 11:19 AM
Members of the Houston County Commission have returned and called the meeting back to order.
Chairman Culver asked for a motion to reconvene the meeting.
Chairman Culver presented the motion for resolution, the legal council recommended to enter into a court order agreement with the Economic Development order.
Commissioner Snellgrove voted NO…with that said the motion passed.
The approved consent judgment is based on the underlying lawsuit that was filed on March 4, 2010. The Houston County Economic Development Association sought a judicial determination with respect to the bingo stamps purchased for $ 1,693,000.00 paid to Houston County.
In the agreement the Houston County Circuit Court Clerk is directed to return $ 881,916.00 to HEADA, which is the entity that operates Country Crossings. This is less than what was asked for by HEDA, which was $ 1,551,916.67.
The remaining $ 120,000.00 will be disbursed to the Houston County Commission.
When HEADA is allowed to re-open, they will be required to pay to Houston County a prorated machine bingo stamp fee for the calendar year and a credit of $ 400,000.00.
There have been no legal determinations made by a Circuit Court as to the legality of machines. So far Alabama Governor Bob Riley and Mobile’s District Attorney John Tyson have blocked the issue from ever being tried in a court of law.
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NHicks27 - Jul 27 2010 12: AM 13:33
I am listening to everyone and it is making me sick. It looks to me like Mr Gilley should have been told NO when he approached the Commision on this issue in the first place, if they weren't sure. And then I don't think Riley should have waited till all the buildings were built to do what he did. With all the talk going around the state about it he HAD to have known it was being built PERIOD!! So it should have been stopped then and there and no one can tell me he didn't know. He just let Mr Gilley waste all that money. And no I don't know Mr Gilley never met him and never been to C.C. They should though let the restaurants and others open up in there. I don't see why they can't. They can figure something out for them. That part COULD be resolved! So the commision & Riley were wrong!
t-smith77 - Jul 26 2010 12: AM 16:57
Culver, Culver, Culver, you never cease to amaze me. I guess your buddy called and said he was finally running low on legal/propaganda funds. Oh and Rickey, I love how you worded your sentence to continue the Gilley Propaganda-"There have been no legal determinations made by a circuit court as to the legality of Machines." No, THE SUPREME COURT HAS RULED TIME AND TIME AGAIN. Cant we ever get passed this topic as a community. Rickey, your side lost, get over it! There are other ways for you to make money without having to kiss the rearend of Ronnie Gilley.
2010 - Jul 26 2010 12: AM 15:47
typical culver. help his country crossing buddies out all that he can. good for bobby snellgrove for finally showing an independent streak. if he would have done that earlier - he may have won re election. culver is fortunate and should thank his lucky stars that no one ran against him in the primary election. if so, he would have been defeated. and to think that certain members of the county commission are telling folks country crossing will reopen ?!? this is such a circus. thanks, chairman culver, you keep the circus alive...we expect nothing less.
pjeff53 - Jul 26 2010 12: AM 14:05
This is Mark Culver doing this before all his YES men are out of office in January. The court didnt rule against them. There was no reason they had to return it until the court ruled on it. I dont believe a court would have ruled they had to return it. But Culver needed to help his business associates from CC out and he knew he couldnt wait until the new commision took over to do it, because hopefully he will be unemployed too. But I guess if CC opens back up in January he can be there spokesperson, he has a lot of experience at that position.
fairplay - Jul 26 2010 12: AM 13:43
As a business owner in Houston County, it would be nice to think if we went out of business they would refund the "unused" portion of our license but, it does not work that way. The Governor should have to repay that money to Country Crossing....he is the only one saying it is illegal for them to run their business. Bob Riley has hurt this county in more ways than just one. November CAN'T get here fast enough! Looking forward to a Governor who thinks we are smart enough to choose for ourselves!
PMiz - Jul 26 2010 12: AM 13:02
OK lets see. They purchased a business license. Business has been ruled to be illegal. Now we're refunding a portion of the license fee? What if this was a liquor store? They purchased licensed, busted by ABC for illegal activity, would we refund them the "unused" months remaining on the annual license? Bad, bad, bad business decision! Would any of the Commissioners vote the way they did if it was their money? This isn't a Bingo issue this is a business decision/practic. This is an embrassment! If anyone out there closed down a business this year that required a Houston County license, apply for a refund!
