Cleburne County commissioners are trying to decide how to deal with Edwardsville's proposed special development districts.

Cleburne County Manager Steve Swafford said the town is attempting to annex portions of the county, most non-contiguous, into its corporate limits under a state law which enables the formation of Special Improvement Districts.

The area covers some 9,000 acres of mostly Soterra timber land in the northern half of the county.

A letter, delivered to one county business, indicates that participation by the store owner would exempt him from paying property taxes.

"You will no longer have to pay any property tax to the county or the state either," states the six-page letter from Edwardsville's representative E.D. Phillips.

The letter further states that, "A little used portion of Alabama Code allows municipalities to create Special Districts on lands even if they do not physically touch the city limits as long as the town has any percentage of ownership in the land."

In recent court action the Town of Edwardsville filed a writ of mandamus against Cleburne County Revenue Commissioner Joyce Fuller because she would not change the tax rates on the 9,000 acres of land the town says is in their district. Fuller said she had to have a resolution from Edwardsville before she could change the tax rates.

She said a resolution has now been filed and she will have to start collecting 5 mill property taxes on the acreage in October, 2010. This money would go to the town of Edwardsville and if a business or county resident deeded one percent of their property to the town, they would be exempt from paying state, county or school fund taxes. The county would lose 30.5 mills now being collected.

Fuller said she has concerns with the district proposals because she feels the portions of land must be contiguous, based on previous attorney general opinions, whereas none of the properties now touch each other.

She told the commission that she has read two previous attorney general opinions indicating that properties cannot connect on a diagonal line and must be connected by at least 200 feet.

The letter, a copy of which has been given to The Cleburne News, promises that if the business will give Edwardsville a one-percent deeded interest in their property through a quitclaim deed that they in turn will pay only a town sales tax and no property tax. "It doesn't matter if the town owns a 100 percent interest in the property or a 1 percent interest, the town, county or state cannot collect taxes on lands in which a municipality has any percentage of ownership interest," states the letter.

Upon request of the commissioners, Fuller stated, "The county stands to lose $14,000 on the 9,000 acres. My concern is we sit and do nothing. This is the most dangerous thing I've seen for this county."

Cleburne County Board of Education Superintendent David Easley is also concerned about loss of school taxes, saying "the schools could stand to lose a lot of money if businesses and residents get on board with this. It would definitely hurt the school system, yes, in a big way. We are already having to deal with 7.5 percent proration. It would be nice not to have to pay any property taxes but that is one of the ways we fund our schools and makes it possible to provide a quality education. People need to think how this will affect the county as a whole. It is like pouring salt in a wound."

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Discussions on alcohol licensing highlighted the remainder of work session discussion.

A minister, businessman, councilman and several concerned citizens were on hand to voice their opinions on the matter.

The county is now involved in a lawsuit following their attempts earlier this year to place regulations on the sale of alcoholic beverages, following the filing for a lounge license

Bobby Bailey said he would like the commission to adopt regulations keeping establishment serving alcoholic beverages at least 1,000 feet from day cares, churches and schools and also require that 50 percent of their sales come from food.

Rev. Morris from Heflin First Baptist Church supports more controls on the sale of alcohol, saying "If there are no controls at all we are asking for problems."

Don Breed from Hollis said the question of additional local requirements on alcohol sales "have been blow 'way out of proportion" and added that he does not believe there are enough people in Cleburne County to support only a couple of lounges or bars.

Commissioner Dwight Williamson said he doesn't want the problems, shootings and fights, which lounges may bring to an area.

Breed asked the commissioners about the situation in Hollis where Kenneth Breed's convenience store was granted a license to sell beer and a church then located less than 1,000 feet away, knowing he was already in business.

He said he felt churches should be required not to locate within 1,000 feet of a business selling alcohol if the business is held to that restriction.

Kenneth Breed agreed that everyone should be treated fairly and the rule applied both ways.

Lee Loveless said he supports restrictions on the distance between sellers of alcohol and churches, schools and day cares

Heflin Councilman Ken DuHon told the commissioners he appreciates the stance some are taking in trying to establish rules. He said Heflin "set our own guidelines at 500 feet" and supports the county in trying to establish a 1,000 ft. limit.

Commissioner Lambert issued the following statement to The Cleburne News: "I would like to take this time to address some questions that have been raised recently over a proposed lounge to be located in the Muscadine area. One thing that is not and at this time we cannot dispute is that the county voted to go "wet" in November 2008. While many of us envisioned growth through "Applebee's, Outback", and other restaurants we opened the door to stand alone bars! The ABC board has many classifications of liquor selling establishments and the law that passed in Cleburne allows all those types of licensing, However courts have ruled in the past that local restrictions are acceptable and legal. I feel that we, as a commission need to place appropriate restrictions to address every type license that may be issued by the State ABC Board. Some we can restrict food sales, some we cannot, but I believe in all series of applications that we can limit proximity to churches, daycare centers and schools! I feel that any establishment that wishes to sale for "on site" consumption should place a sign in front of the location to notify local residents so that they may voice their opinion, for or against before the commission. I have said all along that I respect the will of the people on their vote in Nov of 2008, However we can still regulate this for the safety of our citizens. Even though it is legal to buy liquor and beer, It is not legal to drink and drive, it is not legal to sell on Sunday. The Circuit Court has the Muscadine case in its hands now, however according to our attorney no matter the outcome we still have the right to regulate locally, any license that comes before us, as long as we are not more restrictive than state law.

I will always fight for the safety and integrity of our county please call you Commissioner and let them know what you think. Should anyone have any comments or concerns one way or the other please give me a call @ 256-452-2526.