March 22, 2021 - Scottsboro, Alabama - Scottsboro City Council - Regular Session - Recognition of the Scottsboro High School Basketball Team - Public Hearing - DR Scottsboro LLC, White Development Project, Hwy35/Hwy 72 - Citizen Presentation by Dr. Gary Speers

 

Scottsboro City Hall photo by G. Morgan

SCOTTSBORO HIGH SCHOOL BASKETBALL TEAM AWARD

AGENDA

PUBLIC HEARING NOTICE

(Click on image to expand.)

Current Property ownership of proposed location is First Pulaski National Corporation, Pulaski, Tn.

Alabama Secretary of State Filing:   https://arcsos.state.al.us/cgi/corpdetail.mbr/detail?

corp=837552&page=name&file=&type=ALL&status=ALL&place=ALL&city=

SOUTHPACE PROPERTIES Inc.   https://southpace.com/properties/highway-72-veterans-drive/

Fair Use for non-profit news reporting. SOUTHPACE PROPERTIES Inc. Scottsboro Project

Southpace Properties Inc. Flyer (10 pg pdf)

https://southpace.com/wp-content/uploads/2020/08/Scottsboro-Grocery-Anchored-Center.pdf

Southpace Properties Inc. History

https://southpace.com/about/history/

Alabama Secretary of State Filing Southpace Properties Inc.

https://arc-sos.state.al.us/cgi/corpannual.mbr/annual?corp=101256&year=2020&page=name

Florida Secretary of State Filing for White Development Company (Same Address in Florida as DR Scottsboro, LLC; Registered Agent Listed as Southpace Properties Inc., Alabama Secretary of State filing above for DR Scottsboro LLC)

http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WHITEDEVELOPMENT%20P990000228580&aggregateId=domp-p99000022858-f42e9159-12e5-485a-a05b-8dbbe8eb2380&searchTerm=White%20Development%20Co.&listNameOrder=WHITEDEVELOPMENT%201061230

White Development Co. /ZSA Reality Group LLC Web Page Info

https://whitedevco.com/white-development/commercial-residential-real-estate-services/

Dun & Bradstreet Profile for White Development

https://www.dnb.com/business-directory/company-profiles.white_development_co.211d0b77b16b925c212f40100cce798a.html

Dun & Bradstreet Profile for Southpace Properties Inc.

https://www.dnb.com/business-directory/company-search.html?term=Southpace%20Properties%20Inc&page=1

COUNCIL MEETING VIDEO

Scottsboro City Council, Public Hearing, begins at 4 minutes 52 seconds - Regular Session. Recognition of the Scottsboro High School Basketball team begins at 2 minutes in the video. Citizen Presentation by Dr. Gary Speers, begins at 30 minutes 25 seconds, regarding the Scottsboro Boys mural. A question, what does this mural represent?

-Scottsboro City Council Public Hearing, Attorney for DR Scottsboro LLC presentation - validation of warrant for $3 million dollars issued to developer.

Citizen Presentation by Dr. Gary Speers regarding representation of the Scottsboro Boys Mural. 

SCOTTSBORO mural by Don Howard and Main Street Scottsboro. Fair Use Rights for non-profit news reporting, education, and commentary. 

BamaBuzz Link and story: https://thebamabuzz.com/honoring-and-making-history-the-scottsboro-boys-museum-and-mural/ 

Presentation by Dr. Speers

VIDEO

March 15, 2021 - Scottsboro, Alabama - Scottsboro City Council Work Session - Agenda and Video - UPDATE March 16, 2021 - the "White Development" Publix Supermarkets Project at Hwy 35 and Hwy 72 - UPDATE March 21, 2021 Southpace Properties Inc. Information

 

Scottsboro City Hall photo by G. Morgan

AGENDA

VIDEO

Public Meeting Announcement for March 22, 2021 published in the Jackson County Sentinel on March 13, 2021 - DR Scottsboro LLC  (Click on image to expand view.)

Current Property ownership of proposed location is First Pulaski National Corporation, Pulaski, Tn.

Alabama Secretary of State Filing:   https://arcsos.state.al.us/cgi/corpdetail.mbr/detail?

corp=837552&page=name&file=&type=ALL&status=ALL&place=ALL&city=

SOUTHPACE PROPERTIES Inc.   https://southpace.com/properties/highway-72-veterans-drive/

FairUse for non-profit news reporting. SOUTHPACE PROPERTIES Inc. Scottsboro Project

Southpace Properties Inc. Flyer (10 pg pdf)

https://southpace.com/wp-content/uploads/2020/08/Scottsboro-Grocery-Anchored-Center.pdf

Southpace Properties Inc. History

https://southpace.com/about/history/

Alabama Secretary of State Filing Southpace Properties Inc.

https://arc-sos.state.al.us/cgi/corpannual.mbr/annual?corp=101256&year=2020&page=name

Florida Secretary of State Filing for White Development Company (Same Address in Florida as DR Scottsboro, LLC; Registered Agent Listed as Southpace Properties Inc., Alabama Secretary of State filing above for DR Scottsboro LLC)

http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WHITEDEVELOPMENT%20P990000228580&aggregateId=domp-p99000022858-f42e9159-12e5-485a-a05b-8dbbe8eb2380&searchTerm=White%20Development%20Co.&listNameOrder=WHITEDEVELOPMENT%201061230

White Development Co. /ZSA Reality Group LLC Web Page Info

https://whitedevco.com/white-development/commercial-residential-real-estate-services/

Dun & Bradstreet Profile for White Development

https://www.dnb.com/business-directory/company-profiles.white_development_co.211d0b77b16b925c212f40100cce798a.html

Dun & Bradstreet Profile for Southpace Properties Inc.

https://www.dnb.com/business-directory/company-search.html?term=Southpace%20Properties%20Inc&page=1

March 8, 2021 - Scottsboro, Alabama - Scottsboro City Council Meeting Regular Session - Public Hearing Announcement for March 22, 2021- City [of Scottsboro] and White Development Financing/[City] Ordinance - Agenda and Video - White Development and Publix Supermarket Announcement - UPDATE- March 9, 2021 - Amendment 772 - March 8, 2021 - Jackson County Commission Meetings Agenda Link and Facebook Video Link

 

Scottsboro City Hall, photo by G. Morgan

COUNCIL PRESIDENT BAILEY AT END OF MEETING STATED: "I ALSO NEED TO READ THIS IN, GOING ALONG WITH WHITE; I NEED THE MAYOR AND [CITY] CLERK TO POST A NOTICE OF A PUBLIC HEARING ON MARCH 22 [2021], TO ADDRESS THE [CITY] ORDINANCE AND PUBLIC FINANCE AGREEMENT BETWEEN CITY [OF SCOTTSBORO, ALABAMA] AND WHITE DEVELOPMENT, SO WE CAN GET THAT DONE, GET MOVING."

Short Video of Council President's Instructions

Purpose of Public Hearing Regarding Amendment 772 (link below)

Significant Question: Bond Issue or No Bond Issue Regarding Tax Payer Funding of the White Development. This is the reason the property and contracts have not closed as of todays date. Unfortunately, some politicians have not been truthful, or ignorant, in their disclosure when asked.

(c) Neither the county nor any municipality located therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto both of the following are satisfied:

(1) . The action proposed to be taken by the county or municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by the governing body that the expenditure of public funds for the purpose specified will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(2) At least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by the action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value.

LINK: https://law.justia.com/constitution/alabama/CA-1241115.html

AG OPINION  - Hold on, there is more,. AG Opinion Regarding Section 94 Alabama Constitution: "Section 94 prohibits the Legislature from “authoriz[ing] any county, city, town, or other subdivision of this state to lend its credit, or to grant public money or thing of value in aid of, or to any individual, association, or corporation whatsoever, or to become a stockholder in any corporation, association, or company, by issuing bonds or otherwise (emphasis added).”  Then there was Slawson vs Alabama  - "Whether the funds are appropriated for a public purpose depends on if they bring about a “direct public benefit of a reasonably general character . . . to a significant part of the public ” rather than merely a “remote and theoretical benefit.” LINK: https://www.alabamaag.gov/Documents/files/Amendment772Guidance.pdf

WHITE DEVELOPMENT AND PUBLIX SUPERMARKET ANNOUNCEMENT

Surprising press releases regarding the potential White Development and Publix opening. It is unusual for any release of information prior to contract signings and property purchase. Take note of this press release from WAAY on Mar. 3, 2021: "A Publix development is expected to come to Scottsboro in the fall of 2022. The Mountain Lakes Chamber of Commerce says the new development will create around 200 jobs. So far, we know that Publix will be part of the development, but the chamber says there will be more announcements in the next few months. The chamber says the White Development Company is closing on the property in June of 2021. " https://www.waaytv.com/content/news/Publix-development-coming-to-Scottsboro-in-the-fall-of-2022-573912741.html- - Note key words in this statement - 1) "expected to come," 2) "White Development Company is closing on the property in June of 2021." --- "Expected" does not mean it is a done deal and more surprising, there is no closure on the property, this is highly unusual.

I have requested more info directly from Publix PR folks regarding this project. The Scottsboro project is not listed on the Publix new openings or opening soon site: https://corporate.publix.com/about-publix/newsroom/new-store-openings

City of Scottsboro Announcement Event Link and Video

https://www.facebook.com/cityofscottsboro/videos/213145910560550

Questions to the City of Scottsboro and the Mountain Lakes Chamber of Commerce's sites on Facebook regarding the early announcement prior to property closing and contract signing have gone unanswered as of March 7, 2021.

Scottsboro Mayor Jim McCamy was asked why the announcement was made regarding the development and Publix Supermarket coming to Scottsboro in the announced development prior to contract signing and property closing, he stated: "Because Publix approved the release of information."

A significant question folks might ask is: What has happened to the Hutton Development Project regarding the Garcia Property involving Chick-Fil-A? The proposed development at the current vacant #1 China Restaurant, with associated traffic control, frontage road, etc.?? Reference links -  Jackson County Sentinel, Sep. 2019: http://jcsentinel.com/feature_story/article_f5ae2a24-dc95-11e9-af35-ef669685bbc2.html  This blog, "In the Boro" : Oct. 2019:   https://arklite.blogspot.com/2019/10/scottsboro-alabama-october-28-2019_29.html

AGENDA

Scottsboro, Alabama - Scottsboro City Council Regular Meeting

Monday, March 8, 2021 at 6:00 PM

1. Consider Ordinance 616: Amending Master Council Procedure Ordinance to Change Time of Meetings

2. Consider Resolution 2021-03-04: Award Bid for Financing Sanitation Trucks

3. Consider Budget Amendment for Leachate Truck for Solid Waste Department

4. Consider Budget Amendment to Repair Knuckle-boom

5. Consider Budget Amendment for Knuckle-boom Rental

6. Consider Lease of Knuckle-boom

7. Consider Approval of Tolar Construction Pay Application #5 and Change Order for the Heritage Center Project

8. Consider Approval to Pay The Kelley Group Invoices

9. Consider Request for Compliance Audit (16 min. 5 sec. in video)

CITY COUNCIL MEETINGS TO BEGIN AT 5:00 PM BEGINING WITH THE FIRST MEETING IN APRIL, DATE - APRIL 5, 2021

VIDEO OF THE CITY COUNCIL MEETING AND EMPLOYEE AWARDS

Congrats to All! The individuals who were recognized last night were:

John Stover- 15 years, Firefighter, Fire Dept. Shane McLemore- 15 years, Revenue Officer, Finance Dept., Scott Hamilton- 15 years, Investigator, Police Dept., Jeremiah Ellison- 20 years, Equipment Operator II, Street Dept., Zackie Gant- 20 years, Investigator, Police Dept., Erik Dohring- 20 years, Captain Invesitgations, Police Dept., Brandy Fowler- 25 years, Administrative Assistant, Fire Dept.

Angela King- 25 years, Investigator, Police Dept.

JACKSON COUNTY COMMISSION

Jackson County courthouse North Side, photo by G. Morgan

Jackson County Commission Agenda

Link: https://www.jacksoncountyal.gov/AgendaCenter/ViewFile/Agenda/_03082021-134

Jackson County Commission Video on Facebook

Link: https://www.facebook.com/JCCommissionAL/videos/808511209746429

March 1, 2021 - Scottsboro, Alabama - Scottsboro City Council Work Session - Agenda, Video, Audit Information -The Scottsboro "State Audit" Affair - Confusion of City Council Member Regarding Audit of City of Scottsboro - UPDATE - March 2, 2021 Regarding Audit Types and 3 Months of Audit Issues

 

Scottsboro City Hall, photo by G. Morgan

(Updates March 2, 2021 - The Scottsboro "State Audit Affair" with video, and more audit info, with links.)

AGENDA

Item 9 on Agenda - Information on Audits

Types of Audits (The International Standards for the Professional Practice of Internal Auditing​.) 

• Operational Audits - Examine the use of unit resources to evaluate whether those resources are being used in the most effective and efficient manner to fulfill the University’s mission and objectives. An operational audit may include elements of the other audit types listed below.
• Financial Audits - Focus on accounting and reporting of financial transactions, including commitments, authorizations, and receipt and disbursement of funds. The purpose of this type of audit is to verify that there are sufficient controls over cash and cash-like assets, and that there are adequate process controls over the acquisition and use of resources. Unlike external financial audits, internal financial audits do not prepare or express professional opinions on the fairness of the presentation of financial statements.
• Compliance Audits - Review adherence to laws, regulations, policies, and procedures. Examples include federal and state law, policies, and directives. Recommendations typically call for improvements in processes and controls intended to ensure compliance with regulations.
• Information Systems (IS) Audits - Examine the internal control environment of automated information processing systems and how people use those systems. IS audits typically evaluate system input, output, and processing controls; backup and recovery plan; system security; and computer facility reviews. IS auditing projects can focus on existing systems, as well as systems in the development stage.
• Internal Control Reviews - Focus on the components of the university and auxiliary organization major business activities. Areas such as payroll and benefits, cash handling, inventory and equipment and their physical security, grants and contracts, and financial reporting are usually subject to review.
• Investigations - Seek to establish evidence of impropriety; imply a systematic track-down of information the auditor hopes to discover or needs to know. Investigations include alleged instances of fraud, waste and abuse, and improper governmental activities. 
• General Info Link: https://www2.calstate.edu/csu-system/administration/audit-and-advisory-services/Pages/types-of-audits-and-standards.aspx 
  Auditing Info from Cal State Fair Use for non-profit news reporting, education and commentary. 

      Internal vs. Compliance Audit

Internal audits are carried out by employees of an organization to gauge overall risks to compliance and security and to determine whether internal guidelines are being followed. Internal audits occur throughout the fiscal year and reports can be used by management teams to identify areas that require improvement. Internal audits measure company objectives against output and strategic risks.

External audits are formal compliance audits that are carried out by independent third parties and follow a specific format that is determined based on the compliance regulation being assessed. External audit reports measure if an organization is complying with state, federal or organization regulations, rules and standards.

An auditor's report is used by regulators to assess possible fines for noncompliance, or to prove regulatory compliance. 

     Compliance Audit Procedures

External audits begin with a meeting between organization/department representatives and compliance auditors to outline compliance checklists, guidelines and the scope of the audit. The auditor conducts reviews of employee performance, studies internal controls, assesses documents and checks for compliance in individual departments. 

Auditors review compliance processes as a whole and create a final audit report. Compliance auditors provide details to leadership about the organization's level of compliance adherence, any violations and suggestions for improvement. The audit report is eventually released publicly.

     Importance of Compliance Auditing

Compliance auditing, either internal or external, can help identify weaknesses in regulatory compliance processes and create paths for improvement. In some cases, guidance provided by a compliance audit can help reduce risk, while also avoiding potential legal trouble as a result of non-compliance.

 Compliance auditing provides an outline of internal organizational processes that can be changed or improved as regulations and requirements change.

Fair use information for non-profit news reporting, education and commentary from Tech Target - Compliance Auditing - Link: https://searchcompliance.techtarget.com/definition/compliance-audit

Three Standards 1) Governance, 2) Risk Management, 3) Controls - Please refer to the links above from Cal State and Tech Target for more specifics.

Link to Rules: https://examiners.alabama.gov/PDF/rules.pdf

Audits of Municipalities

(Click on image to expand.)

Scottsboro Audit Issues on this Blog:   https://arklite.blogspot.com/search/label/Scottsboro%20City%20Audit

VIDEO

Audit Video, 32 minutes, Scottsboro "State Audit" Affair