Text of Commission's Technical Standards Amendment
08 February 2010
STATE OF ALABAMA
COUNTY OF ETOWAH
SECOND RESOLUTION TO AMEND THE TECHNICAL STANDARDS OF GOVERNING
LEGAL BINGO IN ETOWAH COUNTY
Whereas, the Etowah County Commission has previously adopted Technical Standards Governing Legal Bingo in Etowah County on the 2nd day of June, 2009; and
Whereas, the Technical Standards were amended by action of the Etowah County Commission on the 29th day of September, 2009; and
Whereas, these standard were adopted prior to any court action that addressed the standards for the playing of legal bingo; and
Whereas, Etowah County's Technical Standards Governing Legal Bingo was previously adopted with the following language:
SECTION - GENERAL, PAGE 1
Bingo or Bingo Games shall mean any game (whether or not electronic, computer or other technologic aids are used in conjunction therewith), which incorporate the following elements: (a) Is played for prizes, including monetary prizes, with cards bearing numbers or other designations (b) Cards consist of a grid of five (5) horizontal and five (5) vertical spaces; (c) Each square in a grid must be designated by a number or other symbol contained in a collection of numbers or symbols used for playing the game; (d) Number or symbols are selected for each game by a procedure or mechanism entirely driven by chance. (e) The holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined. (f) A game is won by the first player(s) covering for which a previously designated patern or arrangement on such cards is first covered or marked; (g) two or more players must compete against one another for Prices; (h) Game outcomes may be displayed by means of alternative entertaining displays. These entertaining displays must not affect game play.
and
Whereas, the Alabama Supreme Court has ruled as a matter of law in the case of Barber cv Cornerstone Community Outreach -- So. 3d --, 2009 WL 3805712, Ala., November 13, 2009 (NO. 1080805, 1080806) that bingo in any form shall meet specific criteria, and
Whereas, the Etowah County Commission reaffirms that any form of bingo played in Etowah County shall be a legal form of bingo, now
Therefore be it resolved that the Etowah County Commmission desires to amend its Technical Standards Governing Legal Bingo in Etowah County by deleting the language referenced above under Section - General, page 1, and adopt the following replacement language for that Section:
Bingo or Bingo Games shall mean any game (whether or not electronic, computer or other technologic aids are used in conjunction therewith), which incorporate the following elements:
(a) Each player uses one or more cards with spaces arranged in five columns and five rows, with an alphanumeric or similar designation assigned to each space. (b) Alphanumeric or similar designations are randomly drawn and announced one by one. (c) In order to play, each player must pay attention to the values anounced: if one of the values matches a value on one or more of the player's cards, the player must physically act by marking his o her card accordingly. (d) A player can fail to pay proper attention or to properly mark his or her card, and thereby miss an opportunity to be declared a winner. (e) A Player must recognize that his or her card has a "bingo", i.e., a predetermined pattern of matching values, and in turn announce to the other players and the announcer that this is the case before any other player does so. (f) The game of bingo contemplates a group activity in which multiple players compete against each other to be the first or properly mark a card with the predetermined winning pattern and announce that fact.
To the extent that any other term or provision of the Technical Standards Governing Legal Bingo in Etowah County, as heretofore amended, conflicts with this Second Amendment, said term or provision is held for naught and deemed inapplicable.
Adopted this 8th day of February, 2010.
Signed:
Jimmie L. McKee, Commissioner, District 1
Perry W. Gwin, President, Commissioner, District 2
Jeff Overstreet, Commissioner, District 4
Willie F. Brown, Commissioner, District 5
Tim N. Choate, Commissioner, District 6.
ATTEST:
J. Patrick Simms, Chief Executive Officer
Etowah Commission Makes Second Amendment to Bingo Standards
08 February 2010
(Gadsden, AL - February 8, 2010) Etowah County Commissioners voted unanimously (with one commissioner, Larry Payne absent) to change the rules and regulations defining electronic bingo in Etowah County.
Commission CEO Patrick Simms says the changes are minimal, but were required following recent rulings by the Alabama Supreme Court in the Surles v City of Ashville case. That case ruled that the City of Ashville did not contain a legal definition of bingo, as determined by the Barber v Cornerston Community Outreach ruling by the state's highest court in November of 2009. A letter to that effect was sent to the Commission last Monday from Sheriff Todd Entrekin requesting the commission make the changes.
Simms says the changes will not have much of an impact on the regulation of Bingo machines in the county. "There's really not that much difference between the Cornerstone points and ours, we just wanted to make sure our language matched theirs so there would be no question about the legality of our electronic bingo."
Simms says he is unaware if any other municipality has followed the two Supreme Court rulings with modifications to their bingo regulations. He told reporters after the Commission's special called meeting that all he new was that Etowah County would do what was required to make sure electronic bingo was legal in Etowah County.
Simms tells GadsdenMetro that he fears the legislature is headed down the wrong path in their regulatory plans. "I think what they're doing is trying to force a vote on a constitutional amendment that isn't good for the people of Alabama, but will benefit a couple of casino developers in the state to the detriment of charities, other developers and areas of the state, and the people of Alabama."
According to Simms, the modified and revived "Sweet Home Alabama" bill would eliminate requirements that profits be given to non-profit charitable organizations, giving the profits to developers and a minimal amount to the state. He also says the bill would grandfather existing operations and prohibitively limit the number of new developments in areas across the state.
Currently, Etowah County's prospective Bingo Casino Developer, CBS Supply is awaiting the arrival of their prototype machines from American Gaming Systems to Etowah County District Attorney Jimmie Harp for evaluation and trial in Judge Allen Millican's District Courtroom. According to an order from Millican, CBS Supply has until 3 p.m. on February 22 to deliver the machines. If they are delivered on or before that date, a trial will be set for March 3rd at 9 a.m.
CBS Suppy representative Christie Knowles has said she now expects the machines will be delivered, with a guarantee by Judge Millican of a rite of safe passage. One County Commissioner tells GadsdenMetro he has been told the machines will be delivered to Harp on February 19th.
DGI Chili Cook-Off Winners Named
08 February 2010
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| DGI 3rd Annual Chili Cook-Off First Place Team: Logjammin' |
(Gadsden, AL - January 8, 2010) Downtown Gadsden, Incorporated Executive Director Kay Moore says Saturday's weather was perfect for the Third Annual DGI Chili Cook-Off. Temps in the thirties with snow flurries and winds whipping up and down Broad Street in Historic Downtown Gadsden Saturday morning.
According to Moore, more than 600 tickets were sold to patrons who braved the cold and craved the spicy and warm delicacy of more than 10 varieties of chili.
Five judges scored showmanship award and best chili, while the team who collected the most tickets was awarded the "Crowd Favorite" award.
Winning teams were announced following the competition:
Showmanship Award: The Brew Crew
Crowd Favorit: The Brew Crew
Third Place, Best Chili: Great Bowls of Fire, Sponsored by The Southern Bank Company
Second Place: Chip Churn and the Chili Dippers (Z-93)
First Place: Logjammin'
Last year's first place team, Chip Churn and the Chili Dippers won second place. Former Gadsden Mayor Steve Means, First Place Winner from the first annual cook-off was present, but did not compete.
Moore says events like First Friday and the Chili Cook-Off would not be as successful without volunteers, patrons, judges and participants. "We look forward to the Fourth Annual Downtown Gadsden Chili Cook-Off next year!" she say.
Some merchants said they were impressed with the turnout for the cook off. "We had a large number of folks from the Chili Cook-off come into our store Saturday morning," says Brian McDaniel of Hicks Shoes. "We actually had a better response from the cook-off than this month's First Friday," he continued, "but, I'm sure the First Friday crowds will be picking up as soon as the temperatures do!"
The next First Friday is scheduled for Friday, March 5th.
Nine EYSO Performers Recognized in All-State Orchestra
08 February 2010
(Gadsden, AL - February 8, 2010) Etowah Youth Symphony Orchestra Director Michael Gagliardo announces Alabama All-State Orchestra honors for seven EYSO members this year.
The seven selected students have been chosen as some of the top string players in the region. They will join other top players from across the state as members of the 2010 Alabama All-State Orchestra Festival's top orchestra.
EYSO members participating in the event include first violinists Allison Reid and Brianna Ware; second violinists Joycelyn Bradford, Bethany Caudle and Flavia Van De Stadt; violist Hunter Pearce; and cellist Zachary Brooks. Two other members of the EYSO, second violinist Alan Kwan and violist Britne Johnson, were selected for the top orchestra, but had to decline due to scheduling conflicts.
Gagliardo says "the memers of the EYO have represented themselves and their orchestra in an outstanding manner. As the program continues to grow and strengthen, it is becoming obvious that we are producing the caliber of string players comparable to those coming out of any other region in the state."
This year's All-State Orchestra Festibal will be held at the University of Alabama in Tuscaloosa from February 11 - 14, with a performance of Dvorak's Symphony No. 8 on Sunday, February 14, at 1 p.m. in the Moody Concert Hall on the University campus. Admission is free and the performance is open to the public.
Drug Task Force Bust Uncovers Major Tax Fraud by Illegal Aliens
05 February 2010
(Gadsden, AL - February 5, 2010) A three-week long drug investigation and bust has uncovered what Etowah County Sheriff Todd Entrekin suspects is at least a million dollar tax fraud scheme in western Etowah County.
During a press conference Friday morning, Entrekin, District Attorney Jimmie Harp, Drug Task Force Commander Rob Savage and FBI Special Agent Bren Tallent announced the arrest of three individuals who have been charged with one count of drug trafficking each. During the three-week long investigation, a scheme to defraud the federal government of hundreds of thousands of dollars or more was uncovered.
Lori Lei Bodden, 41, Carlos Cardona-Herrera, 36, and Juan Hernandez-Telle, 22, all of Boaz were arrested following a drug bust last night in the Egypt Community of west Etowah County. Two of the three, according to Sheriff Entrekin are illegal aliens.
Each person is charged with one count of trafficking after approximately three-quarters of a pound of Mexican crystal methamphetamine were confiscated. The drugs have a street value of approximately $40,000. In addition to the drugs, several long guns and hand guns (including a high power automatic handgun) six vehicles, one boat and several computers were seized from the mobile home owned by Bodden.
Documents were also seized indicating a major tax fraud scheme involving the first time home buyer's tax credit. Some of the three arrested were creating false sales contracts for non-existent homes in order to defraud the government of thousands of dollars. One file, according to Sheriff Entrekin, involved an illegal alien who had reported $6,000 of income and was given a $13,000 tax refund.
After the refund was paid by the government into a bank account controlled by Bodden, approximately three-quarters of the funds would be transferred to the tax filer's accounts. Paper records seized indicate that more than $200,000 in claims were processed. Sheriff Entrekin says he "expects that the numbers will get into the millions" during today's press conference.
Drug Task Force Rob Savage says the Safe Streets Task Force and the Drug Task Force had conducted undercover investigations of the residence for approximately three weeks. The investigation began with leads from street-level investigations in Gadsden, which led undercover officers to the mobile home in the Egypt Community. Within about 8-10 days into what Savage called a "routine narcotics case, we started to work the tax angle."
He says his investigators observed numbers of individuals in the home when they would enter to purchase drugs who were filing their tax reports. Savage says his officers and others are going through the seized tax records to determine if any of them involve actual homes. "So far, no homes exist, and at least one of the addresses given is a vacant lot."
All four law officers say they are proud of the work being done by the Safe Streets Task Force and Drug Task Force to stop the flow of drugs in Etowah County. Savage says the price of Crystal Meth has risen in the past 24 months from $1,200 per ounce to $2,600 per ounce. In addition, the number of labs busted per month has increased from three per month a year ago to nine to ten per month now. "That's because no one can get the Mexican drugs and are having to make their own in 'shake and bake labs.'"
"Shake and bake labs" produce a minimal amount of crystal meth, about 20 grams, as compared to the kilos and pounds of drugs formerly smuggled into Etowah County from Mexico and other locations.
"I think the combination of drug education programs like ZeroMeth, our Tip Line commercials and the Drug Task Force's efforts to arrest drug distributors has made Etowah County a much safer place for its citizens and a very unfriendly place for drug organizations," Entrekin tells GadsdenMetro.
All three invididuals are being held in the Etowah County Detention Center on one count of drug trafficking with a bond set at $100,000 each. Other charges will follow, according to a press release from the Sheriff.
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Etowah County Commission Chairman Perry Gwin has announced that the Etowah County Courthouse and Etowah County Judicial Buildings will be closed on Friday, January 8th due to the inclement weather. Both buildings will reopen on Monday, January 11th.
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