Scottsboro, Alabama - February 25, 2019 Jackson County Commission, Regular Session, Discussion on Road Conditions and Costs Due to Flooding

Jackson County Courthouse, North Entrance photo by G. Morgan

AGENDA

County Roads 17, 38, 93 and 189 have considerable damage, other roads have damage not listed. The County Engineer and crews are out inspecting areas for damage. County Engineer states that repair estimates are $2.5 million to $3 million. Commissioner Venable mentioned that there is currently $2 million in cash available. The county will be required to pay for repairs first, then will be reimbursed as a result of the Emergency Declaration by Governor Ivey. 

Businesses are adversely impacted by the road conditions. Clark Kelsey of Kelsey Construction states he is loosing approximately $500 to $600 per day due to detours around CR 93. 

Other delegations speaking were Garry Morgan regarding not listing agenda items where a vote is taken. Last week was a work session, rules were set aside so a vote could be taken on the Fund 100 Account, which involves roads and equipment/materials expenditures. The item was not on the agenda. 

Mr. Robert Avery spoke about the 2020 Census Jobs, apply on line. Pay is $13 to $17 per hour and .58 cents per mile travel expense reimbursement.

VIDEO

Scottsboro, Alabama - February 25, 2019 - Scottsboro City Council Regular Session - City Council President Announces Municipal Judge Resignation - County Park Rd. U.S. Hwy 72 Safety Improvement Project Rejected - UPDATE - Feb. 27, 2019 - Mar. 3, 2019 - Hwy 72 Project

Scottsboro City Hall, photo by G. Morgan

AGENDA

Item 3 - Approval for $11,800 regarding professional services for Hope Hicks, Attorney regarding the Judge Scott Berry case and problems within the municipal court.

Item 6 (added to agenda) - County Park Rd. and U.S.Hwy 72 Safety and Improvement Project; 3-2 vote, project not approved.

UPDATE February 27, 2019 - County Park Rd. U.S. Hwy. 72 - Late Developing Story -  Current business influences may have impacted the Scottsboro City Council's decision to vote NO on the Hwy.72 County Park Rd. improvement project which involves approximately $1 million dollars for the City of Scottsboro to improve the safety problem of the Hwy 72 County Park roadway and intersection.

INCOMING DEVELOPERS AND COMPETITION - There were at least 3 potential businesses/corporate expansions and developments which will be adversely impacted as a result of the NO vote. Approximate amount of investments and jobs adversely impacted, approximately $8,000,000 to $10, 000,000 million in investment and jobs.

Apparently, current business influences afraid of competition have influenced the city council to vote NO, say concerned citizens, on this safety improvement project. Proposed development includes High Country Toyota on the North side of Hwy 72 and a Chattanooga Group, Hutton Developers; Hutton's Facebook site: https://www.facebook.com/WeKnowDirt/  on the south side at the Chinese Restaurant location, which includes a total of 10 ac. The Part 2 video from last weeks council meeting, February 18, 2019 may be seen at:  https://youtu.be/7tlInCSLgTk

UPDATE: More on the John T. Reed Parkway, U.S. Highway 72 Safety Improvement Project - I asked each Scottsboro City Council member the following question on Facebook Messenger: "Do you have any comment as to your NO or YES vote reasoning for the Hwy 72, County Park Road project. Info to be utilized on my blog." All received the question, and all answered my question directly except for one, read about it at: https://arklite.blogspot.com/2019/03/scottsboro-alabama-march-3-2019-update.html

(Not on Agenda) Municipal Judge Scott Berry announces resignation as presented by City Council President Patrick Stewart. City Attorney stated resignation letter is not available at this time.  WAFF News Story: http://www.waff.com/2019/02/26/embattled-scottsboro-municipal-judge-resign-next-month/

Problem? - Mr. Stewart stated, "Judge Scott Berry's resignation was accepted."  Shouldn't this be a council action if needed, as one person does not have the authority of the entire City Council?? Surely there was no secret vote, if a vote is needed to accept the resignation. No city council member had a comment on this issue.


VIDEO OF CITY COUNCIL MEETING



Delegation representing the Jackson County Spay and Neuter group for pets requested $3,500 for auto show event at Goose Pond Colony. (See video above.)

Mayor Shelton stated he was disappointed in the failed vote regarding U.S. Hwy 72 and County Park Rd. safety improvement project. Vote was 3-2 against the improvement. This vote may affect future development in the area. 

Robert Avery presentation on U.S. Census - need for Census Takers, info on jobs.

(Click on image for an expanded view.)

PUBLIC RECORDS REQUEST, AS OF THIS DATE RECORDS HAVE NOT BEEN PROVIDED.

Public Records Request(Original request signed, submitted February 18, 2019)

Under the Alabama Open Records Law 36-12-40 et seq., I am requesting an opportunity to inspect or obtain copies of said public records, (Describe the records or information sought with enough detail for the public agency to respond.)  Also give the reason why you wish to review these records. (You must give a valid reason)

Records Requested: 1) On or about February 1, 2019; or during the first week following Feb. 1, 2019, the Chief of Police, Ralph Dawe sent forward to the Mayor and City Council a information memorandum or notice, outlining Scottsboro Police Department concerns regarding the case activity and or conduct of the the current Municipal Judge, Scott Berry. Please provide a copy of this public document as soon as possible. 2) On or about November 1, 2018 to January 31, 2019, per information from City Officials, a payment for legal services utilizing City of Scottsboro, Al. funds was made to an attorney, per report by the last name of “Snow,”to represent Municipal Judge Scott Berry in the sum of approximately $7000.00. It was also reported that travel expenses were paid to Judge Berry for this reported trip to Montgomery, Al. where lawyer “Snow” was located. Please provide copies of any vouchers or checks paid by the City of Scottsboro, Al. related to this event, eg. Attorney fees and or travel documentation as soon as possible, to include any other attorneys or firms related to Judge Berry’s representation paid for by the City of Scottsboro, Al.

The documents information requested is of a public interest which may be utilized as a news story in various news media outlets to include but not limited to my blog, a non-profit news and information blog regarding local issues and news events, “In the Boro,” https://arklite.blogspot.com

 Historical articles regarding this incident and the history of the Municipal Court of Scottsboro, concerns and events associated with sexual discrimination and harassment within the Scottsboro political entity: https://arklite.blogspot.com/search/label/Municipal%20Court   

WAFF NEWS Story. update with links to previous stories on issue: http://www.waff.com/2019/02/26/embattled-scottsboro-municipal-judge-resign-next-month/

Judicial Canon of Ethics: http://judicial.alabama.gov/library/RulesCanons

Scottsboro, Alabama - February 19, 2019 - Jackson County Commission Work Session - Courthouse Security - Rules Set Aside for Vote, Issue Not on an Agenda - Special Meeting Regarding Voting Precincts

Presiding Circuit Court Judge Jennifer Holt expresses concerns over the Jackson County Commissions lack of concern over Courthouse Security (photo by G. Morgan)

Commissioner Venable, second from right, commented his time was valuable, his work and home time were being negatively impacted by the security meetings. (photo by G. Morgan)

VIDEO - Judge Holt on Courthouse Security

WAFF link regarding the 2006 Jackson County Courthouse shooting.   http://www.waff.com/story/4978730/new-information-in-jackson-county-courthouse-shooting/

Jackson County Sheriff Chuck Phillips comments on Courthouse Security. (photo by G. Morgan)

Jackson County Courthouse Security Meeting Schedule per order for 2019.

Work Session AGENDA February 19, 2019
1) Paint Rock Valley Historical Board to consider use and preservation of the Paint Rock Valley School. Commissioner Sisk mentioned there was not much interest in becoming a board member.

2) Courthouse Security Issue Discussion, see above.

3) Discussion Issue regarding commission revenue options. The Jackson County Commission receives no sales tax revenue. County Sales tax revenue is exclusively for schools, split between county and municipal schools.

Agenda item 4) Not listed -Setting the rules aside - Jackson County Commission Resolution for the Legislative Delegation. Fund 100, Public Works, it was stated that they had a two day notice from State Senator Livingston.  This unlisted voting item was passed by a unanimous vote, no one questioned the validity of the vote.

This is a commission work session, there is no emergency action required or stipulated, there is no Regular or Work Session agenda item regarding Public Works Fund 100. The commission, per county attorney's recommendation, sat the rules aside, which rules or laws  are unknown, for a vote on an issue regarding a legislative action Resolution for the Jackson County Legislative Delegation.

It was stated by the commission chair the resolution was needed in the Alabama Legislature covering Local Public Works Funds, Equipment and Materials described as local Fund 100. There was no notice of action on any agenda although a vote occured. I asked the Chair and the County Attorney why this item was not on the agenda, Mr. Guffey, Commission Chair stated to ask the county attorney, I asked John Porter, Jackson County Attorney why this item was not on the agenda, his comment, "It doesn't have to be on the agenda as the rules are set aside."

Does this mean no item is required to be on an agenda for decision making, the commission may set the rules aside anytime?

Special Meeting Item regarding consolidation of voting precinct locations. Short video of Jackson County District Map. The Voting Registrars Office representative stated that consolidation of Voting Precincts must be accomplished by March 2019, less than 2 weeks.

VIDEO Part 1 of Meeting

VIDEO Part 2 of Meeting - Voting Precinct Reorganization

Scottsboro, Alabama - February 18, 2019 - Scottsboro City Council Work Session, 2 Part Video, Hwy. 72 and County Park Rd. Safety Improvement Project, "Castin and Catchin" Fishing Tournament - Pediatric Heart Center Charity, at Goose Pond - Municipal Court Update Feb. 19, 2019 (Bottom of Page)

Scottsboro City Hall, photo by G. Morgan

AGENDA

WORK SESSION

Monday, February 18, 2019

6:00 P.M.

I. Call to Order

   1.     Discuss HSIP Project for County Park Road & Highway 72 Intersection-Volkert Engineering - Clark Bailey presentation. Plan submitted to Alabama Department of Transportation for Safety Improvements; approximate costs $1.15 million, city to pay 10%. Area accidents and injury information discussed in this Clarion article - link: https://www.theclarion.org/index.php/news/top-stories/1320-changes-could-be-coming-for-u-s-72-and-county-park-area 

Clark Bailey of Volkert Engineering discusses improvements plan with city council. (photo by G. Morgan)

Video of Hwy. 72 - County Park Rd. Improvement Plan, 

2.     Discuss Castin & Catchin Tourism Grant Application for charity event; all funds raised goes directly to the Pediatric Heart Center of Alabama. April 27, 2019 at Goose Pond Colony, check out the link:  https://www.castinncatchin.org/

3.     Discuss Recycling Program, lengthy discussion, visit to Guntersville. It was stated that additional employee hires would be needed to staff this program.

Council members and Mayor discussed recycle program problems and solutions. Committee formed per Council President Stewart. (photos by G. Morgan)

4.  Discuss Rental Agreement for Mowing Tractors.

Delegations

Mrs. Pam Ayers spoke about High Country Toyota building and investing in a new $4 million  auto dealership center on John T. Reed Parkway, U.S. Highway 72. Mrs. Ayers commented,  "Improvements to the areas traffic flow are needed." She mentioned the new dealership would probably be located on the north side, which has a current access road. (photo by G. Morgan)

Another delegation representing property developers between the Kentucky Fried Chicken and Dunhams' Sporting Goods also spoke in support of the traffic flow improvement and safety project.

VIDEO, Part 1

VIDEO, Part 2



MUNICIPAL COURT UPDATE - PUBLIC RECORDS REQUEST SUBMITTED - CLARIFICATIONS AND OUTLINE OF THE PROBLEM

Public Records Request(Original request signed)

Under the Alabama Open Records Law 36-12-40 et seq., I am requesting an opportunity to inspect or obtain copies of said public records, (Describe the records or information sought with enough detail for the public agency to respond.)  Also give the reason why you wish to review these records. (You must give a valid reason)

Records Requested: 1) On or about February 1, 2019; or during the first week following Feb. 1, 2019, the Chief of Police, Ralph Dawe sent forward to the Mayor and City Council a information memorandum or notice, outlining Scottsboro Police Department concerns regarding the case activity and or conduct of the the current Municipal Judge, Scott Berry. Please provide a copy of this public document as soon as possible. 2) On or about November 1, 2018 to January 31, 2019, per information from City Officials, a payment for legal services utilizing City of Scottsboro, Al. funds was made to an attorney, per report by the last name of “Snow,” to represent Municipal Judge Scott Berry in the sum of approximately $7000.00. It was also reported that travel expenses were paid to Judge Berry for this reported trip to Montgomery, Al. where lawyer “Snow” was located. Please provide copies of any vouchers or checks paid by the City of Scottsboro, Al. related to this event, eg. Attorney fees and or travel documentation as soon as possible, to include any other attorneys or firms related to Judge Berry’s representation paid for by the City of Scottsboro, Al.

The documents information requested is of a public interest which may be utilized as a news story in various news media outlets to include but not limited to my blog, a non-profit news and information blog regarding local issues and news events, “In the Boro,” https://arklite.blogspot.com

Clarification and outline of the problem
Problem reflection which is linked in the blog articles and expounded on numerous times: https://www.waff.com/.../scottsboro-judge-strikes.../... 

Here are the historical articles regarding this incident and the history of the Municipal Court of Scottsboro, concerns and events associated with sexual discrimination and harassment within the Scottsboro political entity: https://arklite.blogspot.com/search/label/Municipal%20Court 

There are city officials and employees (4) who have made statements to me, but must remain as a confidential source due to fear and probability of retribution carried forth against the employee or public official. I can understand why some of the confidential source information may be confusing, however without permission to release names in this developing situation there is nothing more I can say until specific public records information is received or official findings are released.

Regarding the current problems within the Municipal Court System there are 3 specific allegations: 1) Alleged Criminal Conduct, 2) Alleged Misappropriation, 3) Alleged Sexual Harassment/Discrimination-Creating Hostile Work Environment. 

All of this may be confusing because of the historical trends within the City of Scottsboro relating to failed management practices and lacking communications. Those problems are disclosed within the blog articles and have a direct relationship to the current problem within the Scottsboro Municipal Court System.

Scottsboro, Alabama February 11, 2019 Scottsboro City Council Regular Session - Latest Information Regarding the Municipal Court Problem

Scottsboro City Hall, photo by G. Morgan

Information update regarding the Municipal Court problem..

https://arklite.blogspot.com/search/label/Municipal%20Court

UPDATE February 12, 2019 (Information from Feb.10, 2019) - Employee(s) falsely accused of criminal behavior will seek prosecution regardless of who the alleged criminal(s) may be. Civil damages due to alleged sexual harassment and making alleged false statements to authorities will probably be pursued, according to sources providing this writer with information. 

Confidential sources have informed this writer that law enforcement personnel are poised to take necessary action within the Scottsboro Municipal Court if threats or violence are displayed by the appointed public official involved in this case involving the Scottsboro Municipal Court. 

Is the Scottsboro, Alabama Municipal Court Safe, for participants and observers?

QUESTIONS - If all this bears true, why is the Scottsboro City Council not taking immediate corrective actions regarding the Scottsboro Municipal Court, and protect the citizens of Scottsboro, Alabama from a massive loss of financial revenue due to civil legal actions? Why is the City Council not informing the citizens of Scottsboro what is occuring relating to the allegations by employees of Scottsboro, Alabama regarding this case involving Scottsboro Municipal Court?

AGENDA

COUNCIL MEETING

Monday, February 11, 2019

6:00 P.M.

NEW BUSINESS

1.   Consider Ordinance 603: Amend Ordinance 588 Relating to Appointment of Certain Department Heads - Approved 

2. Resolution for Dump Truck Bid - Approved, Thompson Tractor, $275,189.11

3.   Consider Resolution 2019-02-06: Surplus City Property, 2 pieces of property, 8.13 ac and .053ac - Approved

4.   Consider Budget Amendment to Repair Mini Excavator - Approved $4200.00

5.   Consider Budget Amendment for Compactor Wheels - Approved $18,514.00

6.   Consider Alabama High School State Bass Fishing Tournament - Approved

7.   Consider Jackson County Tourism Grant Application - Cruisers, $2000.00, Approved

8.   Announce Tree Commission Appointments - Gene Greer; Ron Leyton

9. Executive Session - pending litigation, session certified by City Attorney, (40 min.) Municipal court problem and related personnel problems discussed, specifics are confidential.

VIDEO

Scottsboro, Alabama February 11, 2019 - Jackson County Commission, Regular Session - Courthouse Security

Jackson County Courthouse North Entrance, photo  by G. Morgan

AGENDA

Jackson County Commission

February 11, 2019

I. Call to Order

II. Roll Call, establish quorum, Invocation, Pledge of Allegiance

III. Approve Agenda of today's meeting, February 11, 2018 - Approved

IV. Awards and Presentations - none

V. Public Comments/Presentations from Citizens - none

VI. Old Business - none

V11. New Business

1) Motion to approve Gavin Arnold's temporary employment for 6 months with the Public Works Department. - Approved

2) Motion to approve proposed resurfacing project of County Road 61 - Approved

3) Motion to approve SR277 project change order. (Google Project) - Approved

4) Motion to approve DHR lease agreement, valid until September 30 2019 - Approved, $3.00 per square foot, approximately 1550 square feet. Currently approximately $55,600 annual payment, $4650.00 per month. (note: The commission had initially overstated the estimated square footage to be 1800 sq feet.)

5) Motion to approve and advertise for a public hearing to vacate County Road 458 - Approved

Discussion from Sheriffs Department regarding need for automobiles; Chief Deputy Harnen stated 2 new vehicles had been purchased from Pistol Permit Funds, 2 more are needed. A small fleet of used vehicles from other agencies was purchased, however, mechanical problems resulted in one vehicle out of 4 blowing an engine. 

The Chief Deputy also described several officers had applied for jobs with the Jackson County Sheriffs Department. However, due to the high cost of family insurance hiring new officers is inhibited. The county pays for employee health insurance but does not provide for a family insurance cost share program, which cost employees approximately $400 - $500 monthly.

A Courthouse Security Meeting is scheduled for Wednesday, March 6, 2019 - There was a short discussion after the regular meeting regarding the Jackson County Commission withdrawing from the Security Committee. Withdrawal was requested by Mr. Venable and a question regarding this action was directed to the County Attorney regarding the commission resolving to withdraw from the security committee.

VIDEO

Municipal Court of Scottsboro, Alabama Back in the News - UPDATES February 10, 2019 - Questions and Alleged Criminal Behavior - A Case of Negligent Actions, Failure to Perform Appropriate Background Investigations and the Discovery of Vindictive Behavior and Influences

Scottsboro Municipal Justice Center - Police Department, Municipal Court, Municipal Jail and E911 Center. ( photo by G. Morgan)

UPDATES

This is a developing story, there may be updates at any time.

This is not the first time our municipal courts have been in the news, apparently some folks do not learn the Lessons of History.

This story begins with the appearance of Scottsboro's Municipal Judge, Scott Berry in a Marshall County Court. February 1, 2019 - Albertville, Al. (Diversion program acceptance.) - "Judge Berry arrived to court in Albertville Friday morning as a defendant. He agreed to have his case continued until next year.  As part of the agreement he is to take an anger management class. Today he paid the $404 in court costs and fees. He’s also ordered not to have any contact with his father James Berry, his brother Adam, and Douglas police officer Matthew Burns or their immediate families." More info available at link - https://www.waff.com/2019/02/01/scottsboro-judge-strikes-plea-deal-reckless-endangerment-case/?fbclid=IwAR2p8drMukdWx58t0rBj_yYWNswQhcDhUKL--JxolYf7XuhGj1tp9wMpliU

Judicial Canon of Ethics: http://judicial.alabama.gov/library/RulesCanons

Interviews with Scottsboro officials and employees have revealed the following information. 

There is more to this story other than the above disclosed case involving Judge Berry. It involves negligence on the part of the current city council, deceit, probable vindictive influences involving past and current public officials.

Once again we are seeing evidence of sexual discrimination due to persons being placed in positions of authority and conveying deceptive information regarding female employees within Scottsboro's Municipal Court System, according to sources within the City of Scottsboro.

The judicial and justice system within Scottsboro is being negatively impacted by those who are responsible. Letters have been sent forward to the mayor and council outlining a failure of the criminal justice system within Scottsboro.

There are multiple sources regarding this story. Those sources inform me a private law firm in Montgomery Alabama has been hired to conduct an investigation. Sources have also informed me the Attorney General's Office has been contacted and allegedly subpoenas have been issued regarding alleged missing funds.

In June of 2012 the Alabama Bureau of Investigation conducted an investigation into missing funds involving the Scottsboro Municipal Courts, there was an arrest in that case. http://www.waff.com/story/19103748/court-records-show-city-employee-stole-12k-from-scottsboro/

Currently, there is a general denial from informed sources that there is any missing money and that the allegation may be an attempt to cover-up wrongdoing by public officials within Scottsboro's Municipal Court System. Sources inform me that audits and inspections of funds within the Municipal Court System reveal no appearance of criminal activity.

2016 Municipal Court problems http://www.waff.com/story/33264084/scottsboro-judge-under-investigation-not-reappointed/ and this related article: http://www.waff.com/story/33240228/scottsboro-judge-under-investigation-by-state-judicial-commission/

All information conveyed originates from checked and confirmed sources, employees and public officials within the City of Scottsboro, Alabama.

QUESTIONS - Update February 10, 2019

 Will good people step forward and stop alleged criminal conduct and malfeasance by public officials? 

Following the money here takes on a whole new meaning. What happens if there is no missing money? What happens if there is an intentional effort by specific current and past Scottsboro public officials attempting to harass specific female personnel due to hatred and vindictiveness? Coupled with gross negligence, possible medical problems, and wrongful actions the problem grows due to inaction and poor decision making. 

Warning signs that say STOP! A court case appears which demonstrates the individual involved in our municipal court is demonstrating problem behavior, why would you not act in an appropriate manner to resolve the problem? 

Another sign which says STOP! A public official comes forward and states via letter that our laws are being subverted by one individual in a position of power and evidence has been provided indicating a serious problem. Why would the City Council not act to resolve the problem within our municipal court system in Scottsboro, Alabama? 

HISTORY: There have been investigators in the past who have been employed by the City of Scottsboro who made great recommendations, political leadership ignored those recommendations - WHY? So city leadership could maintain individual, non-objective personnel decision making instead of having a comprehensive fair system of personnel management. I guess you might say instead of implementing a fair system of management with acceptable standards of practice the city leadership implemented a system of vindictive negligence of misguided politicians. 

There are good people which can stop the malfeasance and alleged criminal actions, the question is, will they?

              Alleged Criminal Conduct, Alleged Misappropriation, Alleged Sexual Harassment-Creating Hostile Work Environment.  Information Provided And Confirmed by Multiple Confidential Sources Within the City of Scottsboro, Alabama

1) Theft or illegal diversion of official Municipal Courts electronic communications between attorneys, courts, clerical staff and magistrate actions of the City of Scottsboro during the First five days of November 2018. 

2) Allegations of improper expenditure of public funds to hire a "special attorney" from Montgomery to represent the Municipal Court Judge, alleged cost $7000.00. 

3) Allegations of intentional work place harassment against female personnel have been made; including harassment by specified public officials.   

4) The harassment is alleged to involve falsification of documents and false statements made to State investigators and/or the Alabama Attorney General's Office. The alleged false statements are pointed at female personnel in a pattern of repetitive abuse by specific male personnel who are appointed  public officials in the City of Scottsboro. 

5) Sexual Harassment in this case involves the attempted improper termination by an appointed official of a employee of the City of Scottsboro employed within the City Courts System as an official of the court. Information received from multiple sources reveal more than one current public official allegedly participated in a purposeful structured plan to harass multiple female public employees. Public officials and/or elected officials have been reported, to this writer, as participants in a structured scheme of discriminatory adverse acts directed at female personnel within the City of Scottsboro, Alabama. 

According to source reports within the City of Scottsboro, allegedly thousands of pages of court related documents and reports have been sent to the State AG's office due to investigatory subpoena.

Sources within the City of Scottsboro indicate an outside legal firm from Montgomery, Alabama - Ball, Ball, Matthews and Novak has been hired to represent the city and conduct inquiries and make recommendations. The specific attorney handling this matter from the named law firm is Hope C. Hicks, according to sources within the City of Scottsboro.

The Continuing Saga - Stories of our Municipal Court in Scottsboro, Alabama.

https://arklite.blogspot.com/search/label/Municipal%20Court