Scottsboro City Council Work Session May 4, 2014

Scottsboro City Hall (photo by G. Morgan)

There was one agenda item on Monday's city council meeting for discussion. Fireworks costs have risen - A request from Goosepond Colony Manager Lyle Sosby was presented for financial assistance in the amount of $5000 to be utilized for the 4th of July fireworks display. Mr. Sosby also provided information on golf events at the GPC facility. Nice Web Site - http://goosepond.org/

Garry Morgan also addressed the council about an inexpensive means to advertise First Monday and the City of Scottsboro by placing signage with the Scottsboro "Welcome Signs"on major roadways into Scottsboro City Limits. The signs would read, or something similar -

The idea is to direct travelers to the Scottsboro web site at http://www.cityofscottsboro.com so they may realize what we have to offer in Scottsboro, Alabama. Information on 1st Monday Trade Days at http://www.cityofscottsboro.com/index.php?option=com_content&view=article&id=42&Itemid=118 

Video of Monday evenings council meeting.

PICTURES OF OUR LAST FIRST MONDAY TRADE DAYS EVENT

PREVIOUS CRUISE IN CAR SHOW

Scottsboro City Council - Parks and Recreation Board - Mayor's Salary to Increase

Scottsboro Police Department- the old City Hall

Last night was a regular meeting of the Scottsboro City Council. Agenda below, click on image for an expanded view.

Added to the agenda, #9 (Brooks Hall was deleted from the agenda), was discussion of an Ethics Complaint involving the City of Scottsboro Parks and Recreation Board per Mr. Smith.

1) Dr. Judy Berry, Scottsboro Schools Superintendent and Mr. Robbie Copenhaver, School Board President, discussed and requested refinancing and financing of a School Bond Issue. The rules were set aside and the request to refinance and finance was approved. Dr. Berry stated there were capital asset funds available for this project. A look at the City Debt becomes necessary as described below.

Dr Judy Berry, Scottsboro City Schools Superintendent - Dr. Berry stated, "it has been approximately 40 years since there has been any improvemnet on Trammel Stadium. Many incoming corporations and families are interested in our athletic programs."

Mr. Robbie Copenhaver, President Scottsboro Board of Education. "We need improvements made to Trammel Stadium. Visitors must use 'Porta-Johns' as there are no restrooms on the visitors side. "

As of the audit dated July 2011, Fiscal Year of 2010, City financial info including debt may be found at audit link: CITY OF SCOTTSBORO, ALABAMA  Page 32 of the audit lists total long term liabilities of warrants and notes payable as $38,430,000; total obligation school warrants are listed as $20,435,000. The bond situation is further disclosed on pages 33-35.  Page 8 of the audit reference debt states: "The debt service fund has a total fund balance of $9,128,887, all of which is to be used for the payment of debt service. The net decrease in fund balance during the current year in the debt service fund was $97,088. Interest expenditures were $1,463,770 and principal retirements during the year were $2,070,000."

Page 9 of the Audit lists the following concerning long term debt: "Long-term debt- At the end of the current fiscal year, the City had total long-term liabilities outstanding of $39,959,118, which is comprised entirely of debt backed by the full faith and credit of the City."

There have been 2 new Bond Debt issues which have increased the total debt since FY 2010 for the City of Scottsboro. Per City Financial Director Rick Wheeler: Recreation Facilities, soccer fields/splash park and service road issue. Current principal and interest is $62,347,641. Amount includes  Board of Education and Scottsboro Parks and Recreation Board debt. Principal is $43,675,000 interest is $18,672,641. The School Boards slice of the $62 million total is $28,085,000 including principle and interest. Total assets of city including school, parks and library is approximately $104 million.

The City of Scottsboro serves as bond guarantors of  The Board of Education (Scottsboro School system) and The Scottsboro Parks and Recreation Board (Goose Pond Colony and Plantation Pointe). The current proposed issue involving the refinancing and additional funding in regards to school bonds will increase debt. According to Dr. Berry, Scottsboro School Board Superintendent,  and Mr. President of the Board of Education, there is a need to improve the facilities at Trammel Stadium which will include restrooms, locker facilities and concession area.

2) Mayor appointed John Childress as a member of the Housing Authority Board. 3) Tree Commission members appointed.reappointed: Jim Reed, Ronnie Dolbery, Arlene Geede. 4) Appointed to the personnel board were Kelly Goodowens and Nora Sebring. There were 3 applications for 2 positions. 5) Charles Yarborough was selected to the Water Sewer and Gas Board. 6) Judge Ralph Grider was appointed to fill the vacancy of the Municipal Judge until Sep. 2012. Judge Word has been appointed as the District Court Judge.

Mayor Potter

7) Salary Ordinance was passed for an increase in the Mayor's Salary, rules were set aside, as follows per annum: 2012-0; 2013-$1000; 2014-$1000; 2015-0. More on the salary increase, which includes the city council, from the Daily Sentinel: http://thedailysentinel.com/news/article_0a391f26-6322-11e1-a010-001871e3ce6c.html  8) Jason Phillipe resigned from the Scottsboro Industrial Development Board due to a move out of the area. Interested parties to fill position should contact City Clerk by application no later than March 15, 2012, 4:30PM, contact phone #256-574-3100. 9) Scottsboro Parks and Recreation Board Ethics concerns expressed by Council Member Keith Smith.

Council Member Keith Smith

Mr. Smith stated, "I have been informed by our city attorney that a complaint must be made by an individual, it is not a matter for the city council."

The majority of the Parks and Recreation Board were present including their attorney to address the issue if any complaint or allegation was brought forth. Mr. Smith had no public comment other than the previous statement. Several members and the attorney for the Parks and Recreation Board had signed up to speak, since Mr. Smith had no charge to make the Park Board members nor their attorney had no comment.

Citizen presentation by Judge (retired) Arthur Davis: Reference the Scottsboro Parks and Recreation Board-"Anything I have presented to this council concerning actions about the Goose Pond Colony Board derives from presentations before the city council or the [GPC] board meeting involving loans payments, interest." Mr. Davis further commented, "I do not think the  [GPC] Board is an arm of the City of Scottsboro. In my opinion, it is not a public course." Mr. Davis has expressed disappointment in that: "my family has been mislead by Chamber of Commerce advertising. 2 golf courses was the reason we moved to Scottsboro" Mr Davis stated last night, "the false advertising continues." After the council meeting Mr. Davis stated to me he thought the people of Scottsboro were very friendly and cordial to him. His problem, he said, "we have been mislead as to the availability of playing golf at the 2 courses." He was refering to the Goose Pond course and the Plantation Course. The Plantation course hours have been reduced to save money according the Parks and Recreation Board.

Scottsboro Parks and Recreation Board Meeting - Goose Pond Colony Board Meeting

Tuesday evening was the monthly meeting of the Scottsboro Parks and Recreation Board or as it is commonly known as the Goose Pond Colony GPC) Board. GPC web site: http://goosepond.org/

The big story for GPC are the numerous renovation projects. The major project being the recently 3 renovated cabins. Story in Scottsboro's Daily Sentinel about the renovation project:  http://thedailysentinel.com/news/business/article_a7187808-59c9-11e1-9dad-001871e3ce6c.html More cabin and lodge improvements involve the outside electrical outlet installations for those who need to recharge their boat batteries.

The cabins are not the only renovation occuring at Scottsboro's crown jewel, Goose Pond Colony-Plantation Point. There are several other renovations ongoing at GPC which have been needed for some period of time.

Scottsboro Parks and Recreation Board

Campgrounds- The campground is undergoing renovation including the installation of WiFi for the campers. It was estimated the WiFi project should be complete in 4-6 weeks. The campground has been undergoing renovation for about 1 year now. Clearing, improving and adding spots, refurbishing the bath house and other projects. Lighting will soon be installed on the campground docks. The board approved the $1500.00 project last night. Of note was the $3500.00 savings which will be reflected by performing the task in house.

Marina- It was reported the repairs to the docks have been delayed due to the contractor having to order and back order parts. The lighting projects are underway. Dock 4 is complete and it was reported that docks 1-3 will begin soon. The forklift at the boat Dry Storage Facility will need to be renovated. Leaking seals, bakes and lift hydraulics was reported to be the problem. It was also reported the lift needs an overhaul; to repair the lift and overhaul could cost up to $89,000. A new forklift would cost approximately $270,000 according to the marina manager. A full report and exact estimate will be presented at March's board meeting. A modern outside lighting system has been installed at the marina dry storage facility which has already realized a significant savings but will also save money monthly in electrical costs.

Golf- It was reported that much has been accomplished to improve the golf courses during the winter months. A combined Club House and Pro Shop at Plantation Pointe. The double wide mobile home which was used as the Pro-Shop may be sold or used otherwise. Options are to be presented at the next board meeting. Renovation of the Cart Storage Facility is underway. Low bids have been received for materials and the construction will begin shortly. Fencing bid- $4250.00; Roof bid- $4267.00.  7 major Golf Tournaments are Scheduled. The Spring Fling will begin on  March 9 with practice. During this time Plantation Pointe will be open for the 9 days of the Spring Fling Tournament. Plantation Point is scheduled to open on March the 2nd weekend. The Goose Pond Colony Golf Course Snack Bar is open and running. "Stevarinos" leased the property. Current hours are from 9AM till 2PM. Once the weather warms and business increases it was reported the hours will be expanded.

Fishing- The Bait and Tackle shop is under new management which was effective Feb 1, 2012. There are many tournament events planned. (see schedule below) It was reported the food is great at the shop.

The Docks- Excellent food, a view and atmosphere which can only be found at this restaurant.

A Lavender Sunset, looking south down the mighty Tennessee River from GPC, Scottsboro, Alabama. (Photo by G. Morgan)

Other improvements includes a new radio system due to new federal requirements. The 12 new radios reportedly will cost $7900.00 per the bid. However, this will eliminate the annual tower cost of $3000.00. Signage will be added around the park directing people to the appropriate facility. It was reported this will cost approximately $400.00

SCHEDULE OF EVENTS-GOLF

SCHEDULE OF EVENTS-FISHING

FINANCIAL REPORT:  Per report- "In spite of revenues being down $19,000, 2.5%, after adjusting for facility improvement expenses the loss is down $55,000, 37%." Current year actual revenue is reported at $732,068; current year to date variable expenses are $708,846. Salaries, electricity, health insurance,  maintenance, fuel costs- marina fuel and park maintenance fuel,  and special projects improvements are the big variable expense items; current year to date fixed expenses (which includes the Plantation Pointe Bond Expense) are $233,735 - of that fixed expense total the Plantation Bond Expense, interest plus principle, is the big payout equaling $127,440.00, 54.5% of total fixed expenses. Other major fixed expenses include Marina Principle-$36,000; Cart Lease-$24,965; Complex Insurance-$15,835.00. Bottom Line- loss of $210,513, less special project improvements of approximately $118K equals loss of $92K as compared to last years adjusted loss of $147K.

Special Comment: In light of the recent Attorney Generals Opinion which was submitted as a result of a group of influential disgruntled golfers complaining about the reduced hours of operation of Plantation Point ( The hours were reduced to save money due to financial facts demonstrating that the Plantation Course was loosing money "head over heals." The home properties at the Points cost the Parks and recreation board $1 million dollars in sewer improvements.) the Attorney General suggested on 4 different occasions in the findings that parties cooperate with each other.

Trails End, on the Tennessee River, Goose Pond Colony (photo by G. Johnston for Garry Morgan)

It is this writers opinion the current problems originating for Goose Pond Colony are those problems created solely by selfish golfers, including one on the city council, and the unwise decision by a  previous city council to purchase the Plantation Pointe golf course several years previous. It also becomes apparent that the disgruntled golfers, including the one city council member, attempts a self centered power play in the attempts to take control of the complex. If a spirit of cooperation cannot be found the complex could suffer more damage due to negative publicity. I have been following the problems and successes of our park at Goose Pond and the Pointe for many years. The complex was on the edge of bankruptcy due to a severe financial loss as a result of mismanagement and misappropriation. Misappropriation which was never investigated due to the influential citizens involved. The current board should be commended on the most difficult task of pulling the complex out of a deep financial hole. To the current Scottsboro Parks and Recreation Board, thank you for a job well done.

Scottsboro City Council Work Session

Work Session Agenda, February 20, 2012

Tonight was a work session for the city council. The Big issue, #1 on the agenda, was the public disclosure of the Attorney General (AG) Opinion, link}#2012-035, relating to the Scottsboro Parks and Recreation Board better known as the Goosepond Colony Park Board. This weekend the Daily Sentinel ran an article about the issue: http://thedailysentinel.com/news/article_cd3b1760-59ca-11e1-9cf6-001871e3ce6c.html

Mr. Steve Kennamer, City Attorney reads highlights of the AG opinion. (photo by G. Morgan)

Important points of Opinion #2012-035 : (a)The Parks & Recreation Board is a seperate corporate entity from the City of Scottsboro; (b) members of the board may only be removed by impeachment; (c) the park board officials are not municipal officers and may not be removed by the city council;(d) the park board may not sell mortgaged property in which it does not hold a free and clear title; (e) the City of Scottsboro may not determine the hours of operation. The AG did suggest the city and park board work together for a mutual compromise in the matter. (f) The AG stated: "Although the council may have the authority to reassign property that it owns, the board is in control of the management aspect of the property." Possibly a misunderstanding by the AG or by me? As I understand the terms of the Plantation Pointe Mortgage, the Scottsboro Parks and Recreation Board owns the property but the City of Scottsboro cosigned as a guarantor on the mortgage when the "pointe" property was purchased. Therefore, the City of Scottsboro must release the mortgaged property if there is to be a sale of the property.

Council Member Keith Smith (above-photo by G. Morgan) made inquiry concerning the Jackson County District Attorney's opinion on this matter. Mr. Kennamer replied, "I'm not aware of any opinion from the District Attorney;" Ms. O'Shields replied that she had spoke to the DA's office but there was no evidence to pursue the matter further. Ms. O'Shields further remarked the DA's office will not reply in writing concerning this issue.

Mr. Smith inquired about an Ethics Commission referral for violations by members of the Park Board. Mr. Kennamer replied, any citizen could file a personal complaint with the Ethics Commission if they had knowledge of an unethical act. Apparently Mr. Smith is concerned about an Ethics Conflict of Interest Violation reference to loans made to the park board while the President of the Park Board, Mr. Mike Bagget, also a loan officer of the 1st National Bank who issued a loan to the Park Board.

I inquired of Mr. Smith after the council meeting if he intended on filling an Ethics Commission complaint, his reply: "Yes I intend on filing a complaint with the Ethics Commission."
Update: Daily Sentinel article about the issue http://thedailysentinel.com/news/article_d02d5304-5f2c-11e1-8ee9-001871e3ce6c.html

The Code of Alabama reference Ethics Definitions has this to say about conflicts of Interest: "Section 36-25-1, (8) A conflict on the part of a public official or public employee between his or her private interests and the official responsibilities inherent in an office of public trust. A conflict of interest involves any action, inaction, or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members or any business with which the person is associated in a manner different from the manner it affects the other members of the class to which he or she belongs. A conflict of interest SHALL NOT include any of the following:  a. A loan or financial transaction made or conducted in the ordinary course of business."

In other matters: 2) The city council next Monday will select 2 of 3 applicants for the Scottsboro Personnel Board. 3) Will select 2 applicants for the Tree Commission. 4) Discuss city ordinance relating to salary increase for upcoming year relating to elected and public officials.

Scottsboro Parks and Recreation Board Meeting and Audit Review, January 17, 2012, by George Anderson

The Goose Pond Colony/Plantation Pointe Board Meeting and Audit Review by George Anderson

All Goose Pond Colony Board members, except Mike Baggett-prior engagement conflict, were present;  Jim Olyniec presided.

 The audit for 2011 was presented by the Mr. James C.Smith, lead auditor from TUCKER, SMITH & ASSOCIATES P.C., the regular auditing firm for the board. Mr. Smith said that their audit was 'unqualified' or did not disclose any items they would have concluded that were not in compliance with Generally Accepted Accounting Procedures.  In other words, they gave the Goose Pond operations and management an 'attaboy' and said they were doing great.  Mr. Smith also praised the Board for their decision to curtail Plantation's ops and opined the decision should show big savings in 2012 since the course will only be open about 35% of the days the Colony  course is open.


Overall the 2011 audit showed:
Revenues decreased $42,946 (-1.4%) from 2010; Expenses decreased $150,614 (-5.2%) from2010;  $153,034 PROFIT (Increase in Net Assets) - resulting from lower expenses as compared to last year's $13,295 LOSS.

Ending Net Assets for 2011 increased 14.4% to $1,217,087 from 2010's $1,064,053

$29,690 LOSS for the Snack Bar at the Colony.  Board leased the Goose Pond Colony course Snack Bar to Stevarino's starting 1/1/2011.
TOTAL ASSETS on balance sheet decreased $195,930 (-3.2%) from 2010's $6,088,971 due mostly to recognition of depreciation of capital assets.
       
Cash available decreased $32,786 from 2010

80 golf carts purchased; 70 for the Colony, 10 for Plantation Pointe.

Copies of the audit are available to be purchased at the office.

Profits and Losses (Losses) in parenthesis) for the Goose Pond Colony/Plantation Pointe complex for 2011 as shown in the audit.
Colony Golf Course               116,188
Colony Pro Shop                    (28,935)
Colony Snack Bar                   (29,690)
       Total                              57,563             

Plantation Golf Course            (88,480)
Plantation Pro Shop                 (14,106)
Plantation Snack Bar                  5,928
      Total                                (96,658) 

Swimming Pool                     (26,261)
Marina                                 272,259
Bait & Tackle                         13,011
Convention Center                (14,795)
Colony Club House                 (11,201)
Plantation Club House            (19,823)
Patio Restaurant                     (2,694)
Cottages                               304,953
Campground                          179,607
General and Administrative  (333,296)
Maintenance                        (169,711)

GRAND TOTAL                     $153,034

OTHER NEWS:
The Plantation Pointe course course may open either 2/17 or 3/17.  If 3/17/2012 it will be open for 10 days straight because Spring Fling is being played at the Colony. Thereafter - Fri, Sat, Sun - 3 days per week!!
       
The Board is going forward with their plan to move into the [Plantation Pointe] Clubhouse and close the Pro Shop building. Interior modifications are needed, but final details are still being discussed. The board approved $3000 to purchase gravel for the new cart path layout.
  
The first tournament is 2/7/2012;  the current plan is to hold 8-9 tournaments each year.  They pay no lease fees till May or June, then $500 per month + $1 per vehicle launching a boat and parking at the Bait and Tackle Shop.
 

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.

Scottsboro Parks & Recreation Board Meeting

The new Goose Pond Colony brochure front and back.

(Click on image, then link beside image for an expanded view, .)

Link to the Goose Pond Colony/Plantation Web site: http://www.goosepond.org/

BOARD MEETING AGENDA WITH NOTES Prior to the Board meeting board Chairperson Mike Baggett read statement. (see below)

14 citizens attended the meeting including press. 1) The financial report revealed a $5600 profit for FY 2011. The board gave credit to the complex division managers for an excellent job. 2) Cart purchase loan approved, 80 carts-70 for GPC, 10 at Plantation, (Plantation will have a total of 46 carts), 60 month loan term,  total amount $293,000, low interest bid was awarded to First Southern Bank for 4% interest. 3) Boat ramp and marina dock repairs were authorized for up to $20,000.00 4) It was reported WiFi at the marina is up and running after repairs 5) Marina lighting repair project to be bid, end dock lights were repaired by staff. 6) Cabin and campground renovation to continue. 7) Bait & Tackle shop lease bid will be made within the next 60 days. 8) The Plantation Golf Course has 2 buildings, one will be closed and all supplies or equipment is to be consolidated. 9) Goose Pond walking trail to be requested for entry on National Trails list. 10) Facility annual audit has begun, expected to be completed by January 2012. The audit firm is being peer reviewed, the Park Boards audit will be the subject of the accounting firms peer review.

A retired citizen made a suggestion that the GPC board make an appeal to the community for volunteer support for projects such as local fishing tournaments and The Plantation Golf Course, he also suggested school partnership programs. It was suggested the board has a responsibility to foster enhancement of advertising to find new ways to support the facility.

Click on image then link to left of image for an expanded view of letter.

STATEMENT OF THE SCOTTSBORO PARK BOARD CONCERNING Monday's, Oct 18,2011 City Council Meeting Work Session (Click on image then link left of image for an expanded view.)

Important points of the Park Board letter pictured above:  1) The Parks and Recreation Board was formed by law of the State of Alabama as a Corporation in 1981. 2) The board receives no compensation. 3) Goose Pond Colony/Plantation is a $3 million dollar annual business which receives no taxpayer subsidies. 4) Since 2005 the $6.5 million debt has been reduced to approximately $4.6 million debt. 5) The business decisions to cut back operations at Plantation Point has been made over the course of the year with many, many meetings and discussions with elected officials, home owners and citizens in the attempts to resolve the continuing losses at Plantation Point. 6) GPC golf has remained steady at a 66% utilization rate while Plantation course play rates have dropped 27% in the past 2 years and had a 38% utilization rate the last FY ending in September. 7) The Plantation course was purchased 12 years ago through financing that required payments of interest only as it was unable to generate revenue sufficient to pay regular principal and interest payments. since that day the Plantation course has never generated revenue sufficient to pay the interest. The GPC Golf Course, Marina, campground and Cabins make the required payments. 8) Starting in 2011 GPC was required to begin paying principle plus interest on the Plantation course purchased 12 years ago.. 9) To ensure the payments are made the GPC Board has made some very difficult decisions... 10) The decisions will allow the course to remain open and provide needed capital to perform maintenance on the entire complex that has been neglected because of the losses which had to be covered at the Plantation Course. 11) The course will be open part time, Friday Saturday and Sunday in the spring summer and fall; closed in the winter. 12) At the Monday night Scottsboro council Meeting Mr. Arthur Davis made some strong accusations toward the Goose Pond Colony Board, city council and its attorneys. 13) The GPC Board takes great exception to the accusations but welcomes any inquiries to the facilities. 14) We are audited annually and have an open door policy to anyone who wants to discuss or look at the operations of GPC/Plantation. 15) The efforts by Mr Davis to discredit the GPC Board coincide with the decision to limit operations at Plantation Point where he and his wife play golf. 16) The GPC Board cannot continue to neglect the entire complex to satisfy people such as Mr. Davis who does not like to play golf at GPC. (My comment: Mr. Davis is not the only person attempting to influence the board to make unwise decisions, Council member Smith is likewise involved. It appears this is a political move by Mr. Smith to manipulate a seperate corporate entity of the city for personal and political purposes for the benefit of the few while neglecting the overall needs of the facility and the community.) 17) The GPC Board respects the actions of the City Council and the city's managers and maintain a continuous dialog with the Mayor and the City financial Manager about the parks operations. 18) We consult with the Mayor and City Financial Manager... [we] would never be influenced by political motivations. (My comment: I have followed the GPC boards actions for many years, it is due to the due diligence of this current GPC Board and the current professional complex Management that our park complex is not bankrupt! Several years back I did not agree with the actions to place the city's Financial Director at the helm of the GPC complex and filed an Attorney Generals Complaint. If not for the actions of the past City Council, the Attorneys involved, the excellent management by the City's Financial Director and the current GPC board the citizens of Scottsboro would have suffered a tremendous loss. This citizen says thank you for the exceptional action at an exceptional time which saved the GPC facility from sure bankruptcy due to misappropriation and mismanagement which was occuring many years previous. Goose Pond colony is a wonderful asset for the city of Scottsboro. I suggest all City Council members do what is right for the citizens as a whole, not a select few.) 19) We look forward to and encourage any inquiry into the operations at Goose Pond Colony and Plantation Point. 20) GPC Park Board meetings are held on the 3rd Tuesday of each month, the park board encourages participation.

Article and discussion about the issue at The Daily Sentinel newspaper: http://thedailysentinel.com/news/article_9407f2aa-f9e0-11e0-851f-001cc4c002e0.html

Comments of Mr. Arthur "Buzzy"Davis. (I had spoken with Mr. Davis about our disagreement concerning this issue. I informed him I would include his comments if he would send them to me.)

Oct 22, 2011-Mr. Morgan: I'm surprised that by inference or tacitly you approve of deceptive advertising resulting from joint funds of a Public Board,a City and a County Chamber of Commerce. Advertising TWO PUBLICLY OWNED GOLF COURSES OPEN YEAR ROUND was a clear inducement to move here. Some moved lock,stock and barrel,bought homes and spend the vast majority of their income in Scottsboro. There are 42 homes that surround Plantation Pointe G.C. Closure of that course for 4 days per week and entirely for the Winter has a real,significant effect on values. One realtor estimated that eliminating the G.C. would reduce values by as much as 40%. The closures warrant partial abatements in real estate taxes.
 
Some 20 members have resigned their memberships due to the uncompensated reduction in services. The City and G.P.C. have a symbiotic relationship. What one entity does that appears beneficial to the one does not necessarily benefit the other.

 You may choose to applaud that Board for their historical efforts and volunteerism and to the extent that their efforts have benefited the citizens of Scottsboro,their statutory beneficiaries,I would join you. But on this issue you seem to be viewing the Colony as a totally separate entity which doesn't consider the larger picture. It may be human nature to award points for past performance,but is it necessarily logical in evaluating current decisions and their impact.
 
BTW in 2008 if a couple moves to Scottsboro and buys a home from a family that moves to Grant, whose principal wage earner is employed in Huntsville is that a benefit to the City of Scottsboro? Have you weighed the value of the amount of money that a family has spent in Scottsboro since 2008 before making a judgment?
  
You mentioned "selfish golfers" seeking "moral justification". What is your "moral justification" for supporting the recent actions of the Goose Pond Board without determining the "moral justification" of their actions in reducing services to  customers in the middle of a contract year without offering compensation or a prorata adjustment?
 
You have their quoted formal rebuttal. It says :"We regret any inconvenience that this may cause but offer the Goose Pond Colony Course seven days a week and will keep it open during the winter to compensate for the days the Plantation Course is closed."

Think about that comment. Goose Pond Colony Course has been open weather permitting all winter seven days a week. Consequently it is not "compensation." It is spin. In effect you seem to be justifying the position you are taking by accepting as given all of the foregoing comments without truly evaluating meaning. This may seem trivial to you,but what you are missing is the impersonal,arrogant style of communication that this Board uses in dealing with services. It really has little to do with golf,but speaks volumes about the management style and dearth of customer relations.
  
If you had an annual contract payable monthly to rent two parking spaces on opposite sides of the City  and 6 months into the year were told you couldn't park in one of the spaces 4 days a week and there would be no adjustment in price,but you'd be compensated by being able to park in the other space 7 days per week,would you believe that you were being compensated? Would you continue to do business with that entity?

 What you and that Board seem to be unwilling to accept is that they have made a material change in an agreement that they have stuffed down their customers throats. It just so happens that they are a public non-profit corporation created for the purpose of serving those customers.

 I wouldn't return to any retail store that treated me that way and I wouldn't have treated my customers that way when I was in business.
  
I would be equally opposed to any action this board took that  reduced services in the same manner for their other customers:including,but not limited to: campers;boat slip users;lodge and cabin guests;swimmers and others.
  
When I moved here and joined the two golf courses as a gesture of public support I paid my full membership in advance two years running knowing there was  no discount. I could have paid monthly. I am inactive and retired,but joined the Chamber of Commerce and pay dues each year. I use all services of the City,though other competitors may charge less. Why? It's my way of showing public support.
 
When we receive our bill from the City on a weekday we routinely pay it that day or the next. Shortly after I moved here I made  it known verbally to the Mayor what my background was and that I would be available to serve as a volunteer. I have publicly  offered to volunteer in this connection 3 times:June;August;and September.
 
All I expect is objectivity from those who take public positions on issues. Characterizing former members of the "two public golf courses" as selfish may require a mirror image self review of all entities taking sides on this. Reasonable minds may differ,but  mutual communication  and continuing dialogue and not unilateral edicts that are not open to constant review should not be and cannot be tolerated from public offcials who serve citizens.
Arthur "Buzzy" Davis

My comment to Mr. Davis:
Mr. Davis until you demonstrate evidence of your claims it is just more rhetoric without a foundation.

I have stated many times in public and within media forums, "show me the evidence" and I will stand with you.  Until this occurs it is my opinion that the golfers who prefer to play golf at Plantation Point are attempting to have their way regardless of the facts and ignore the larger problems. There is more to the GPC park facility other than Plantation Point.

Scottsboro City Council Work Session

(article updated Wed., Oct 19, 2011)
Tonight was a City Council Work Session. 1) Taxi Cab discussion. The current Scottsboro Ordinance dates back to 1945 according to Mr. Kennamer, City Attorney. The history of the old ordnance relates to the bootlegging of liquor by the local taxi service. It was suggested the council repeal the current city ordinance and rely on the state law regarding insurance, license and background investigations. The Business License Ordinance will need to be updated regarding taxi cabs.

2) Discussion concerning  vacating city property next to Randy Thompson, a gravel road involving 9/1000 of an acre on the corner of Hancock Rd. and Bob Jones Rd. A public hearing on this issue will occur next Monday.

3) City Right of Way discussion by Vickie Everett involving the Willow Chase Homeowners the Everett's and the City of Scottsboro. Essentially the city owned the property and there was a problem with visual clearance. Property exists on Wynn Rd and Willow Chase.

4) More on the continuing saga of Golf, Plantation Point and Goose Pond Colony.  To highlight, Mr. Arthur Davis accused the President of the Scottsboro Parks and Recreation Board, Mike Bagget, of alleged "Criminal Conflict of Interest" as the Vice President of the First National Bank and Board President of the Parks & Recreation Board regarding loans issued to the park from the bank.

Retired Judge and golfer Arthur Davis addresses Scottsboro City Council on what he says are mismanagement problems and alleged ethics and criminal conflicts with the Scottsboro Parks and Recreation Board.


Mr. Davis and City Council Member Keith Smith have  expressed concerns because the Park Board is closing Plantation Point during the winter months and cutting hours. The Board says they can not afford to keep the Plantation Course Open. Davis and Smith claim mismanagement, lack of advertising and allege criminal conflicts.

Mr. Davis stated losses of money in areas such as the Snack Bar of $139,500 as evidence of mismanagement since 2008.  The Park Board has stated they will lease the snack bar.

                                     The Docks Restaurant
Mr. Davis mentioned another revenue loosing operation was the Docks Restaurant. He suggested the restaurant should be leased for $2000 per month, it is currently leased for $600 per month. Davis went on to say this has resulted in a loss of revenue of $154,000 over the years.

Mr. Davis also stated the current manager of the Goose Pond Colony facility is not qualified.

The bottom line, Mr. Davis called for the removal of park board members and requested the States Attorney General provide advice on removal of the Park Board. Council Member Smith also said he would request formally an Attorney General's opinion at the next meeting.

The former Judge continued on chastising the current City Attorney and the Park Board Attorney for allowing the City Finance Officer to be placed as Chairman of the Park Board 8 years ago.

8 years ago Goose Pond Colony was in serious trouble. There was missing equipment, giving away of services and goods. The complex was near Bankruptcy, according to reports, vendors refused to extend credit to the complex.

The City Council at that time developed a plan to place the City Finance Director as chairperson of the board in the attempts to "save" the complex from bankruptcy. The plan violated law, but accomplished the job. I filed an Attorney Generals complaint concerning the misapplication of power regarding the incident.  The City Finance Director performed a fantastic job of preventing the GPC complex from a sure failure. The problem at that time was secrecy, there was no explanation of why it was necessary to place the Finance Director over the park board. All of that is "water under the bridge." The current Park Board has worked tirelessly to manage the facility back into a state of finacial health from a bankruptcy situation.

I spoke to the City Council last night asking the Council to work through this problem for the benefit of the citizens. I suggested to them the council and park board form a seperate corporation to manage Plantation Point as allowed by law.

When the Council President asked if their were any questions, Council Member Keith Smith made a pointed comment to me, "I read what you write all the time (refering to me), you want to send politicians to jail, you complain about all politicians, why are you changing now?" Mr. Smith is wrong and has a problem, in my humble opinion. Unfortunately, Mr. Smith seems to forget the facts in this situation, as he was embroiled in a golf controversy while he was the police chief.

I reminded Mr. Smith he was Police Chief during the time of missing equipment and misappropriation of goods and services over 9 years ago, complaints were filed. However, the Scottsboro Police Department or the Attorney Generals Office would not investigate the problems which were occuring at Goose Pond Colony.

 It was obvious Smith did not like my suggestion the Park Board and Council resolve their problems. 

Time on the Golf Course-flashback: Former Mayor Dan Deason attempted to discipline the then Police Chief Smith. According to the former Mayor, "the police chief (refering to Police Chief Smith) spent many, many hours at the golf course when he should have been working." Mayor Deason was not successful in any meaningful personnel action to correct Mr. Smith's "working golf game."


There is more to Goose Pond Colony than Golf. Councilman Smith and others attempt to manipulate the system when it fits their personal need, this time it is golf.  For Councilman Smith manipulation has been seen previously; examples: as police chief - playing golf on public time and insubordination; as a politician - the Civic Center at Goose Pond Colony, City Audits, the North Goose Pond Island development versus industrial jobs and now golf at Plantation Point are areas where Mr. Smith has been embroiled in mud slinging for political and personal purposes.


The Scottsboro City Council and the Scottsboro Parks and Recreation Board would do well to resolve this problem in a positive fashion without a continuous creation of problems. I'm pretty sure there are cans of the "proverbial worms" relating to unethical conduct that have not been opened.


The Daily Sentinel article on Monday night's council meeting. http://thedailysentinel.com/news/article_9407f2aa-f9e0-11e0-851f-001cc4c002e0.html


Do your jobs public servants and resolve the problems at GPC and the Point for all of the citizens, not just the few golfers!

Goose Pond Colony-Parks and Recreation Board

The Goose Pond Colony Parks and Recreation Board met Tuesday at 4:30 PM. Daily Sentinel's coverage of the meeting: http://thedailysentinel.com/news/article_24672d64-9d18-11e0-b8ed-001cc4c002e0.html

Agenda and my notes pictured above, click on image for an expanded view.

Several important issues were discussed at the Tuesday meeting including the status of Goose Pond's Plantation Course.

The bottom line, "rates must be raised." The Plantation Goose Pond Course will be open Friday, Saturday and Sunday. The course will be closed Monday thru Thursday. The Board President Mike Baggett commented membership rates and fees must change to increase revenue. Mr. Baggett urged citizens not to play the blame game, work together to make the best of the situation.  The goal was stated, "keep a low impact on homeowners, keep property rates up." Comment: This is a problem, never should a municipal government entity be involved in homeowner property sales and direct involvement in home property values by virtue of a golf course mortgage. Maybe the city should purchase other property and maintain the sewer, water and streets. If they do it for influential citizens residing on a golf course why not poor citizens living in poor communities? There was an offer from a private citizen to purchase the failing golf course, the city refused to release the mortgage, some making allegations of ethics violations.  

Citizens, it is not the purpose of any government entity to "keep property rates up." This is another throwback of government sponsored socialism and dependance on government for personal and business solutions. Goose Pond Colony is a governmental entity, as a governmental entity why is it displaying preference to this specific area's residents? This creates all sorts of possible claims of discrimination involving financially depressed areas of Scottsboro due to social status and race.

The Scottsboro City Council has also expressed the same concerns for homeowners at the Plantation Goose Pond Course. The City Council of Scottsboro has used the mortgage on Plantation Point, which they hold, as a tool for manipulating the business decisions of the Goose Pond Colony Board.

Several citizens spoke in support of keeping the course a public entity and several spoke in support of the sale. Council Member Keith Smith was present and addressed several citizen comments.

Mr. Smith stated he pays for his golf play. Mr. Smith has expressed several ethics concerns relative to the proposed sale of the course and offer made by Mr. Croft. Mr. Smith also expressed concerns relative to the loan costs of Goose Pond Colony Loans when the Goose Pond Colony Board President is an officer of the First National Bank. Comment: Are these real ethics or legal problems or not? If they are problems they should be investigated, if they are not then this is just more political posturing in a state historically void of ethics.

Several years previous in order to save Goose Pond Colony from Bankruptcy and the City of Scottsboro either taking over the facility or defaulting on the loans, the City Financial Director was placed on the Goose Pond Colony Board  as Chairman by a previous City Council in violation of state law. The move was successful, the facility was saved from a sure failure.

Prior to the City's Financial Director managing the board several years previous, it was discovered property, goods and services were being given away or stolen. The incidents were reported but not prosecuted. The State Attorney General's Office commented, "we would need to have someone on tape stealing before we could prosecute."

Increasing business costs: The business statements reflect an increase in costs of operation due to many factors. Wages have increased by 23.7% since 2006; 2006 wage payments were $866,000, 2010 wage payments were $1,129,000. It was suggested by citizens that advertising was needed. Mr Baggett commented we cannot afford additional advertising, stating we (Goose Pond Colony) spend approximately $14,000 currently for annual advertising. The current financial statement dated May 31, 2011 states current advertising cost expenditures at $18,987, last years total advertising costs were $21,967.00. currently the board has overspent their advertising budget by 13.56% according to GPC financial documents.

There are advertising agreements for trade of services, the Huntsville Havoc, Stars and Hammers Sports Teams are involved in the agreements according to the Golf Course Manager. The sports teams mentioned play golf for free in turn the teams advertise for GPC in or on various mediums. The Goose Pond Board and the City Council of Scottsboro receive free services at GPC; city employees receive 30% discount according to statements made by the GPC Board

Total Revenues Year to Date are $1,857,869; total expenditures, variable and fixed year to date are $1,987,759; this reflects a current cash loss of $129,890 at 6 months into the calendar year. Depreciation expenses are listed as $207,597. Cash loss plus depreciation expense reflects a total of $337,487 six  month loss for mid year 2011. This reflects a 528.69% loss increase over last year at this time.