Scottsboro City Council Meeting - Scottsboro Parks and Recreation Board - The Saga Continues

Tonight was a regular meeting of the city council, click on image for an expanded view of agenda.

Agenda items: 1) Museum Commission appoints 3 members for full 4 year term- a) Jim Roney, b) Debra Helms, c) Helen Kern; Robert Matthews was appointed to fulfill the term of Ms. Bennett, expires Oct. 2012. 2) 90% of City Budget approved, projected revenue-$20,163,063.00; projected expenditures-$20,159,048; this represents a $4015 surplus. 39% of city employees are topped out for pay purposes, a new step 13 pay rate was approved for those employees topped out.3) Resolution approved to vacate street next to Thompson property. 4) First reading of resolution to abolish Taxi Cab Franchise Ordinance. 5) Resolution approved to submit questions to Alabama Attorney General concerning the Scottsboro Parks and Recreation Board. Packet also forwarded to Jackson County District Attorney concerning allegations made by Mr. Arthur Davis. (questions to AG posted below) 6) Professional services agreement for airport runway approach approved, to be reimbursed from FAA funding. 7) Two persons spoke to the City council last night. a) Mr Arthur Davis: Mr Davis spoke concerning his complaint about the Scottsboro Parks and Recreation Board. He also requested of the City council, paraphrased, "can there be any action taken to keep the Plantation course open pending investigations and the Attorney Generals Opinion?" In short the answer was no. (My comment: The Recreation Board is a seperate corporate entity of the City of Scottsboro, Al. with all the corporate powers vested in a public corporate entity. Mr. Davis and others seem to have a problem in grasping the meaning of Alabama Code Section 11-60-8. GPC is not a non-profit entity, it is not some special bastardized entity of the state, it is what the law says, a seperate corporate entity of the municipality with all the privileges and responsibilities of a seperate corporate entity as described by the law. We shall see in short order if Davis' and the golfers of the "Point's" complaint holds water.

Mr. Davis is not the only player in the Point golf situation. City Council Member Keith Smith has publicly stated that he thinks the Parks and Recreation Board should be dissolved and a seperate city department created. Dec 14, 2010 article from the Daily Sentinel concerning Smith's political position.  http://thedailysentinel.com/news/article_b65cb8ac-07b2-11e0-af83-001cc4c002e0.html   It is also interesting to note former City Council Member Jim Helms presence in the last 2 council meetings while the Park Board situation is being discussed.)

Davis sends letter to The Clarion: http://www.theclarion.org/index.php?option=com_content&view=article&id=2682:city-council-to-seek-ag-opinion&catid=42:clarion-rotation-stories&Itemid=142  Clarion's link to Davis' letter to the City Council:  http://www.theclarion.org/files/gpletter.pdf

b) Garry Morgan presented a letter to the city council requesting the council consider an ordinance relating to financial benefits of elected and appointed public officials of the City of Scottsboro and the corporate entities there of. Letter posted below:

Questions to the Alabama Attorney General per #5 above: 1) Can a member of an incorporated Public Park and Recreation Board be removed from the Board by action of the city council during that term of office? 2) If so for what reason? 3) Can a member of an incorporated Public Park and Recreation Board be removed from the board during that members term of office? 4) If so by whom? 5) If so for what reasons and on what grounds? 6) Do the provisions of Sec 11-43-160 (Removal of Municipal Officers) apply to members of an incorporated Public Parks and Recreation Board?  7)Do the provisions of Sec. 10-3A-42 (Part of Code pertaining to nonprofit entity which has been repealed.) apply to members of an incorporated Public Park and Recreation Board? 8) Do the provisions of Sec. 10A-3-2.22 (pertains to non profit entities) apply to members of an incorporated Public Parks and Recreation Board. 9) May a municipality compel a Public Park and Recreation Board to operate said boards facilities at or during certain hours, on certain dates, or at certain times. 10) Is an incorporated Public Park and Recreation Board a political subdivision of the City or is it an entity seperate from the city? 11) Can an incorporated Public Parks and Recreation Board sell or close a facility on which the City holds a mortgage without the city's permission?

The Scottsboro Parks and Recreation Board is formed as a seperate corporate entity under the laws of the State of Alabama. " Section 11-60-2   Legislative intent; construction of chapter generally." and "Section 11-60-8   Powers of corporations generally; location of projects of corporations." Concerned persons would do well to review the provisions of this portion of the law as it applies to the Park's Board. The Board is a seperate corporate entity of the State of Alabama with all the rights of any corporate entity of the state as authorized by law. Section 11-60-8 outlines their responsibilities and rights.

The question now should be asked are specific individuals on the city council and golfers attempting to interfere with the lawful operation of the Park Board for their personal motives of playing golf at a course which is and has been a nonviable operation from day one and has cost the taxpayers over two million dollars in expenses?

There has been much said about conflicts of interest. Here's one document which contradicts the allegations made relative to an 8% loan rate and allegations that Mr. Baggett initiated loans as a Vice-President of the 1st National Bank and Park Board President. Note the signatures and the loan rate, it is not 8% nor is Mr. Baggett's signature on the loan.

My final words concerning this case.  Documents are evidence, words without substantiating evidence are nothing but words.

The intentional attack on the Scottsboro Parks and Recreation Board by golfers and one member on the City Council who plays golf at Plantation Point, reference the Daily Sentinel Dec 14, 2010 article titled "Smith says city should have control of Goose Pond Colony," is an attempt at governmental manipulation for personal gain. The gain in this case is the personal recreation afforded by the game of golf. It seems the few golfers preferring to play golf at Plantation Point rather than the Goosepond Colony course are saying, "we want our way or we will destroy the citizen's Park Board." 

Our town of approximately 15,000 cannot support the public operation of two municipal golf courses in our current climate of economic downturns. There are several other courses in competition within 50 miles of Scottsboro. Including a Robert Trent Jones 36 hole course approximately 35 miles from Scottsboro.

It is my humble opinion this entire situation, including the Attorney Generals request and the request for an investigation is the result of a few golfers (which includes one City Council Member) vendetta for the Park Board's actions regarding the part time operation of Plantation Point.

At Monday's City Council meeting it was mentioned that an employee of the "Point" has a workable plan for the course's continued operation, so said Mr.Arthur Davis;  Mr. Smith stated he had the plan  in response to Mr. Davis. Why are these concerned citizens and the council member not bringing forth these plans to the public? Instead, they continue to make allegations pointed at the Park Board who is attempting to do the best job they can for the citizens of Scottsboro.

Plantation Point's operations have cost the citizens of Scottsboro over $2,500,000 (2.5 million dollars+, including sewer improvements as a result of a broken sewer system.) in expenses during the past 5 years while demonstrating no profit to sustain its operation. Plantation Point continues to realize massive losses as demonstrated by the Park Boards audited profit and loss statements reported publicly.

Plantation Point's continued losses have the potential to jeopordize the entire park complex which this board has worked tirelessly to pull out of a desperate financial hole. This fact is evidenced by the Park Board's previously mentioned audited financial statements, not allegations by disgruntled golfers and a councilman who wish to play golf at the expense of the citizens of Scottsboro at a course which is loosing hundreds of thousands of dollars.

The Scottsboro Parks and Recreation Board had no other choice but to curtail operations at Plantation Point or continue to loose money and jeopordize the entire park operation.

Thank you to the Scottsboro Parks and Recreation Board and their professional management team for the outstanding service to our community. This citizen appreciates your hard work.