The Cleburne County Commission approved a consent agenda Tuesday directing the county attorney to "seek whatever means necessary to bring clarity to the questions of legality regarding Edwardsville's actions including seeking a declaratory judgment from the circuit court."

Earlier, Edwardsville had filed papers in the Cleburne County Courthouse to create a massive Special Development District including some 9,000 acres of Soterra Timber Company property scattered across the northern half of the county.

The Cleburne News emailed Soterra seeking comments and/or information last week and got no response from them.

The commission action comes following a work session last week in which commissioners and Cleburne County Revenue Commissioner Joyce Fuller discussed the situation and read a letter given to a local businessman which suggested that by signing over one-percent of his business to the town, he would be exempt from state and county property taxes.

In their resolution the commission stated that, "Whereas the Cleburne County Revenue Commissioner has approached the commission with concerns that the Town of Edwardsville has undertaken annexation and other actions of questionable legality to include: attempting to annex non-contiguous parcels of property into their municipal limits, creation of a Special Development District for the entirety of the town and these non-contiguous parcels of property, attempted to engage business owners from across the county to participate in a plan to pursue avoidance of ad valorem taxes through the encouragement of what we feel would be fraudulent misrepresentation: and whereas the revenue commissioner has requested the commission investigate and cause these actions to cease if appropriate."

Cleburne County Attorney Doug Ghee said he personally feels Edwardsville's actions are "very, very questionable" and something the county needs to look into.

Fuller noted that her position is strictly administrative as her department has nothing to do with making or changing tax laws.

To the commissioners and Ghee, much of the proposals by Edwardsville seem to be driven by recommendations of a consultant, E.D. Phillips. "I think his (Phillips) conclusions (reading of state laws) are incorrect," Ghee said, and he is glad to see the commission seeking a declaratory judgment.

Fuller told the commission Tuesday that she has received a letter from Soterra indicating they are in the process of selling all their property and they made a filing in the Cleburne County Probate Court to remove their properties from the proposed Special Improvement District according to Cleburne County Probate Judge Ryan Robertson.

Responding to questions from several commissioners, Fuller said she now sees no reason to change collection of taxes from the area in question since it appears to her the Special Development District properties owned by Soterra have been removed from Edwardsville's plan.

"I've never seen anybody try this," said Ghee of Edwardsville's plans.

Fuller did note that it appears Edwardsville has added a planning commission to extend outward in a five-mile radius around the town.

In other action Shane Cornutt with Ranburne First Baptist Church spoke to the commission about his feelings on alcohol sales in the county.

Cornutt urged the county to take any action they can to regulate sales, particularly in establishing a certain amount of feet between a business selling alcohol and a church, school or daycare.

He said the reason more preachers did not speak out when the alcohol question was last voted on and approved by voters was most were under the impression that restrictions were already in place.

Cornutt said the county now has no good reason not to put restrictions in place. "I'm familiar with bars and what goes on there (he said he has musically performed in them in the past) and never once have I seen a Bible study break out in a bar. I do not want the problems and I don't seek any reason to relinquish local control to a state government. The only things that allow this to happen is — you want the money. Are you willing to take that revenue in over 90 percent of the people's wishes of Cleburne County? You have a chance to make these restrictions," he said.

Commissioner Joel Robinson said there has always been a 1,000 ft restriction and Commissioner Rex Nolen said the commission is not allowing the ABC Board to control what they do. "We can set policy," he added.

Commissioner Tracy Lambert said the commission has looked at several proposals but since they are involved in litigation over a license request they cannot pass any regulations at this time.

He said there are about four different types of licenses and some may be regulated locally while others cannot. As for lounge licenses, Lambert said, "It looks like we're going to have to allow those."

Cornutt re-emphasized his feelings saying he would like to seek a maximum distance between businesses selling alcohol and children, churches and schools.

In other action the commission:

• Reappointed Sandra Kent and Anita Day to the Cleburne County DHR Board.

• Adopted a resolution recognizing the achievements and contributions of clubs and members of the Pilot International and Pilot International Foundation Day on their 88th anniversary.

• Appointed Nolen Coefield to the Cleburne County Library Board.

• Will seek an Attorney General's opinion on the validity of using the existing tobacco tax to improve county roads 19, 35, 49, 60 and 65.

In final action the commissioners decided to donate money to assist Heflin PARD in purchasing some archery equipment and for Seniors Day.