Pay Now Make Excuses Later: New Hoover Policy to disregard Council votes described by Attorney Phillip Corley

Last Monday, Councilman Derek Murphy took a moment to address an issue that city council President John Lyda and Mayor Frank Brocato have ignored for months. The problem, which Alabama Today first brought to light on July 22, 2024, centers around who is responsible for the legal fees associated with the Certificate of Need the city sought. According to the city attorney Phillip Corley, at his sole discretion, the city ordinance that passed and was signed “is not binding.” Hoover businesses and residents are responsible for the bills despite the signed contract and signed ordinance that says otherwise. 

The City of Hoover’s zoning procedures in Section’s 8 or 12 do not appear to have language to support Corely’s assertation that such a costly financial declaration in the PUD is non-binding and the city has not attempted to clarify his comments. 

On September 16^th the Hoover Sun reported, “The Hoover City Council on Monday night amended the city’s 2024 budget to allocate an additional $381,251 for legal fees related to the project. The city’s initial budget for legal fees for that project was $150,000, but once the project was contested and the city had to have a three-week hearing with an administrative law judge in May and June, the council added another $500,000 to cover legal bills. With Monday’s action by the council, the total approved budget for legal costs is $1,035,251.” That $1,035,251 in costs will seemingly be paid for without any additional questions based on last weeks exchange. 

Murphy asked Phillip Corley for the city’s lawyers to “do a deep dive to explain what occurred with that…and it relates to the legal fees and who is responsible for that.” 

Corley explained that despite the fact the PUD ordinance was brought before the council during a work session with the language that reflected the developer footing the cost, then again at a council meeting where it was passed and was later signed, there was “some confusion” because the language did not reflect the unwritten and secret “intent” of those involved. 

The City of Hoover passed Ordinance 23-2634, “2023 Amendment to the Riverchase Planned Unit Development Regulations and Conditional Use Application,” dated August 14, 2023. The document is 419 pages long.

“2023 Amendment to the Riverchase Planned Unit Development Regulations and Conditional Use Application,” dated August 14, 2023. The document is 419 pages long.

The document is signed on page 20, “In witness thereof, this Rriverwalk Planned Unit Development Zoning application and development plan and amendment to the Riverchase planned unit development regulations has been executed as of the day and year first above written by the parties hereto:

Alabama Today has reviewed a copy of the signed ordinance: Adopted and approved on the 20^th day of 2023 by John B. Lyda, Council President; Approved by Frank V. Brocato, Mayor; and Attested By Wendy Dickerson, City Clerk.

Other signatures include the property owner Regions Bank. The developer Healthcare Resources L.L.C signed by Robert A. Simon, Manager and the signature on behalf of SB DEV Corp. signed by Jonathan Belcher, President.

To date, Councilman John Lyda has deferred the council’s responsibility to correct the million-dollar mistake, instead allowing Corley to unilaterally decide that the intent of some of those involved was more important than the words of the document the council passed.

One has to wonder how many resolutions or ordinances could be challenged based on the newly revealed “oopsie, we didn’t mean to pass what that document said; that wasn’t the intent” defense. In the meantime, residents of Hoover still have 1,035,251 reasons to call their city councilor and the mayor to ask them to bring the issue up for another vote. 

Is Hoover opening itself up to be developers free for all for unscrupulous parties costing taxpayers millions? Only time and/or Phillip Corley will tell you.