Scottsboro, Alabama - June 4, 2019 Jackson County Commission Regular Session and Work Session - County Budget Shortage Could Result in Termination of TVA in Lieu of Taxes for EDA, Hospital Ambulance Services, Chamber of Commerce, etc. if Accounting of Funds Distributed is not Received by September 30 of Each Year According to Commission, "Annual Accounting" Is Not Defined

Jackson County Courthouse, north entrance, photo by G. Morgan

Need for General Fund Cash - $10,000,000

Fair use for non-profit news reporting and commentary, photo by my "notetakingnerd.com"

Agenda Item 8, Regular Session - South Entrance of Jackson County Courthouse to Close on Thursday, June 6, 2019 due to budget constraints. I asked Mr. Guffey when the south entrance would be reopened, his reply: "Whenever Mr. Livingston provides us with money to reopen the door."

Agenda Item 6, Work Session - County Commission Chair stated prior to distribution of funds distributed from the TVA-in-Lieu-of Tax to separate corporate entities such as the Jackson County EDA, Jackson County Health Care Authority, ARC, Boys and Girls Club, Earnest Pruitt Center for Technology and others including Libraries, Schools, etc. the entities stated in the law, according to the commission chair, must submit their budget for County Commission approval or funds may not be distributed. (see video segment) Link to (Passed) 2018-03-13 - Assigned Act No. 2018-270. [SB347 Detail]: 

https://legiscan.com/AL/text/SB347/2018  also local law: https://codes.findlaw.com/al/title-45-local-laws/al-code-sect-45-36-162.html

An "annual accounting in the use of the funds" does not necessarily equal the organization's receiving funds must provide a budget submission to the Jackson County Commission for approval, there is no definition for "annual accounting." 

The chair of the commission states in accordance with this local law that money may be withheld from the following entities if an accounting for TVA in lieu of tax fund usage is not obtained by September 30, quote: "8) An annual accounting of the use of the funds appropriated in subdivisions (2), (3), (4), (5), (6), and (7) shall be furnished to the Jackson County Commission no later than September 30 of each year.  In the event an annual accounting is not furnished, the commission may reduce or terminate funding for the next fiscal year for the entity failing to furnish the report by a majority vote of the commission.  All resulting excess money shall then be transferred to the general fund of the county."

Entities Descriptions of Funds stated in  above (2), (3), (4), (5), (6), and (7)

(2) The next one hundred forty-five thousand dollars ($145,000) of each year's payments shall be paid to the Jackson County Hospital Board to provide all residents of Jackson County with adequate ambulance service.

(3) After the above appropriations, the next thirty-five thousand dollars ($35,000) of each year's payments shall be distributed to the Scottsboro-Jackson County Rescue Squad for the maintenance and operation of the rescue squad's equipment and facilities.

(4) After the above appropriation, the next one hundred five thousand dollars ($105,000) shall be paid to the Jackson County Economic Development Authority on an annual basis.

(5) In addition to the Jackson County Economic Development Authority, as provided above, the next seventy-five thousand dollars ($75,000), shall be annually paid to the authority.  All appropriations made in this subdivision to the Jackson County Economic Development Authority shall be deposited in a special industrial development fund to be used only for the purposes of this subdivision as follows:  For recruiting industry;  matching public or private grants the county may receive for industrial development;  and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.

(6) After the above appropriation, all Jackson County volunteer fire departments in good standing with the Jackson County Association of Volunteer Fire Departments shall be authorized to receive seven thousand five hundred dollars ($7,500) each annually to help furnish adequate fire protection in the communities that they serve.  The amount paid to each volunteer fire department shall be paid at the direction of the county fire marshal and disbursed to each fire chief upon approval of the county fire marshal.  In addition to the above, thirty-five thousand dollars ($35,000) shall be distributed to the Jackson County Association of Volunteer Fire Departments for use by the association.

(7) The next forty thousand dollars ($40,000) to the Greater Jackson County Chamber of Commerce to promote tourism, workforce development and education, and retail and commercial development that promotes economic development in the area.  The funds disbursed pursuant to this subdivision shall be disbursed in two payments of twenty thousand dollars ($20,000).

Mr. Guffey, Commission Chair, asked the county administrator if any of the listed entities had ever submitted an accounting for the use of the TVA-in-lieu of tax funds, his answer was "No." To repeat, an "annual accounting" of the TVA in lieu of tax funds does not necessarily mean a budget submission and/or approval by the Jackson County Commission for the public entity receiving TVA in lieu of tax funds. An "annual accounting" is not defined, does this mean a statement by the responsible official, or a budget submittal for approval? This has the making of a mess and conflicts.

VIDEO of Mr. Guffey's Statement 

Regarding TVA In Lieu of Tax

AGENDA

VIDEO Presentation

Scottsboro, Alabama March 18, 2019 - UPDATE: March 20, 2019, County Sales and TVAILO Tax Distribution - Jackson County Commission Meeting Regular Session, Continuation from March 11, 2019 Meeting on "Raising Revenue," Taxation, for Road Repairs - Work Session

Jackson County Courthouse, South Side photo by G. Morgan

Jackson County Commission on the Web: https://jacksoncountyal.gov/239/Commission

AGENDAS

(Click on Image for an Expanded View.)

First up, the continuation from the March 11, 2019 Regular Session meeting regarding road repairs and raising revenue or taxes to make needed repairs and maintain Jackson County Roads.

Resolutions B and C were chosen to to send over to the Legislative Delegation.

Commission Chair Guffey (left), Commissioner Venable (center) and Commissioner Rich expressed concerns over the need to increase revenue for road repairs. 

Commissioner Sisk (left) and Commissioner Gilbert expressed concerns over road damage and a lack of funds to fix the damage.

County Sales Tax Distribution and TVA in lieu of tax distribution.

(Click on image for an expanded view.)

The only tax funds the county receives is TVA in lieu of tax; this source of revenue has decreased by 43% since 2012 as reflected on the chart pictured below. The sales tax revenue is for the city and county Boards of Education. The tax usage is governed by state law for education usage.

Regular Session Video

Work Session Agenda

Work Session Video

The Bridge - The Budget - The People - The Rest of the Story About a Tax Increase (or, when PACS go bad and screw you over) - Jackson County Commission, Duel Session, September 11, 2017

Bridge Repair CR 563

Take a close look at this bridge, the bridge and road repair was accomplished by professionals. Professional Highway Technicians of Jackson County Alabama that are underpaid. The citizens of Jackson County should be very proud of the staff of the County Highway Department for the people of Jackson County. But that is not all they should be proud of, all over the county we have First Responders, Peace Officers, County Civil Servants in the court house who work for the citizens of Jackson County. 

There is much more you need to know, Jackson County receives no sales tax money and the TVA-in-lieu-of-tax has been cut by approximately 34%and it will continue to be cut. Take a closer look at that bridge, it represents Jackson County. Road and Bridge Infrastructure taxes, via fuel tax, has not been increased since 1994.

Jackson County's General Fund Budget this year will be $8.1 million dollars, 12 years ago the budget for the General Fund was over 12 million dollars, a cut of 4 million dollars between now and then, half the amount of the current General Fund budget. If your home budget was cut by 1/3rd how much of a problem would you have in paying your bills with inflation? But yet the county continues, one way it continues, the Emergency Operations funds, or the rainy day fund is tapped. Folks, if you want services you have to pay for it. You do not receive services for free. County budget videos and info via this blog:  http://arklite.blogspot.com/search/label/Jackson%20County%20Commission%20Budget

TAX Increase Issue: http://arklite.blogspot.com/search/label/sales%20tax%20increase

A deceitful opposition to a county sales tax, lies were told, a PAC was formed by Republican Party extremists whose sole concern was power brokering for out of county industrial resources. Local citizens were suckered in to oppose the tax which would have served to boost industrial recruitment.  The entire idea was to keep industrial recruitment resources, via funding, out of Jackson County, they were successful. Unfortunately local political powers were not willing to wage WAR against this deceitful faction. It cost us jobs, now you know the rest of the story! Here is one video and story of their deceitful planning, a PAC representing out of county industrial recruitment disguised: http://arklite.blogspot.com/2015/07/opposition-to-1-sales-tax-in-jackson.html

Current Commission AGENDA

VIDEO

Jackson County Commission Work Session, Revised Budget and TVA-In-Lieu-of-Tax for FY2015, 2016 & 2017

Jackson County Court House, late 1940s (unknown photographer-Fair Use for non-profit news reporting and commentary).

AGENDA

(Click on any image for an expanded view.)

VIDEO

            Jackson County Commission Revised FY2017 Revised Budget
                              Click on image for an expanded view.

Jackson County TVA-in Lieu-of-Tax

FY-2015

FY-2016

FY-2017

TVA Board of Directors Meeting Highlights, Bowling Green, Kentucky - November 20, 2015

TVA Power Fist - Fair Use for non-profit news reporting.

UPDATE: November 25, 2015 "TVA racks up $6 billion shortfall in its employee pension fund"

From the Chattanooga Times Free Press

"The Tennessee Valley Authority lost $762 million in its pension fund investments in fiscal 2015, leaving the federal agency with a record high $6 billion shortfall in its employee retirement system.
TVA's pension plan, which provides benefits to 23,700 retirees and also includes nearly 10,000 active TVA employees, reported assets of $6.8 billion as of Sept. 30, or only 53 percent of the $12.8 billion that actuaries estimate the plan needs to provide all of the future benefits promised to TVA workers and retirees."  http://www.timesfreepress.com/news/business/aroundregion/story/2015/nov/24/tvpensiplunderfunded-6-billion/337317/

Then, there is the nuclear decommissioning fund, never hear about it as it is underfunded by at least 100%. Only a government corporation would continue to exist with its pack of liars at the helm. TVA's debt continues to rise and as the article explains, its' pension program is underfunded and mismanaged.
The $5 billion plus which the rate payers must pay should go against the TVA's debt, so should its interest payments on the debt. That would place the true debt picture at $60 billion dollars which the rate payers are on the hook to pay.

NATIONAL HEADLINES - TVA SLASHES SOLAR INCENTIVES

http://www.cnbc.com/2015/11/20/the-associated-press-tennessee-valley-authority-cutting-back-solar-incentives.html

Highlights of the November 20, 2015 TVA Board of Directors Meeting. Unfortunately I was not able to video all of the online streaming portion of the Executives presentation because of a Certificate Problem originating from the TVA or the streaming contractor. The video is not currently available on the TVA web site. 

TVA PRESS RELEASE

TVA Operational, Financial Performance Highlighted at Quarterly Board Meeting 

https://www.tva.gov/Newsroom/Press-Releases/TVA-Operational,-Financial-Performance-Highlighted-at-Quarterly-Board-Meeting

Board Meeting Documents

• Agenda (PDF, 0mb)
• Presentation Slides (PDF, 22.3mb)

 See more at: https://www.tva.com/About-TVA

Listening Session citizen comments about the curtailment of solar power availability, jobs and assistance from the TVA. 

TVA Safety Report by CEO Bill Johnson and Financial Presentation;, including in lieu of tax statements by John Thomas CFO; debt continues to increase.

Jackson County Commission November 16, 2015 New Court House Hours Announced

 Jackson County Courthouse South Side (photo by G. Morgan)

North and South Entrances at the Court House to Re-Open to A 5 day week  after the Thanksgiving Holiday. Hours 8:00AM till 4:30PM Mon. thru Fri. beginning on Monday, Nov. 23, 2015.

The Jackson County Legislative Delegation provided $635,500.00 for the Jackson County Commission out of current Discretionary Funds for the county to use as they see fit. The money will be utilized for the Court Clerks, Courthouse Security, and to pay employees for the full 40 hour week. This years commission general fund income was slightly over $7 million. Next year it has been stated that the general fund revenue will be under $7 million because of a reduction in TVA in lieu of taxes.

AGENDA

VIDEO

TVA-In Lieu-of-Tax for Jackson County Alabama and the Discretionary Fund Committee

Discretionary Fund Committee meets, maybe for the last time. TVA-in-lieu-of-tax issue not resolved, indecision harms local groups and agencies who depend on the funds to operate.

Clarion Article by Heather Garner 

The Jackson County Legislative Delegation Discretionary Fund Committee met last week for what could be the last time. Committee members Senator Steve Livingston, Representative Ritchie Whorton, Representative Tommy Hanes, Commission Chairman Matthew Hodges, Commissioner Jason Venable and Revenue Commissioner Jeff Arnold were all present for the meeting. Livingston began the meeting by announcing that the discretionary fund account balance was over $1 million and the Legislative Delegation office account was around $69,000. Read more at the Clarion link - http://www.theclarion.org/index.php?option=com_content&view=article&id=9507:discretionary-committee-meets-&catid=42:clarion-rotation-stories&Itemid=142

Former Jackson County Commissioner Horace Clemmons (photo by G. Morgan)

Former Jackson County Commissioner Horace Clemmons filed law suit against the delegation and members regarding the distribution of the funds.

"Clemmons responded to the new proposed bill and stated “While each bill the Delegation has proposed is better than the last, I still have problems with the latest one. My major concern is not with the bill itself, but the process that got us to the current bill. I have talked to several county and city elected officials and have yet to find one that was consulted. I believe the Delegation has a responsibility to determine what the other elected officials and the public want before passing a law that allocates our tax dollars. I also have an issue with the allocation of office expense and the County Commission Economic Development Fund. On the 2% office expense, I do not believe that it is legal for the Delegation to own a building that was paid for using tax money. I believe that we would all be better served if the County Commission provided office space and personnel for the Delegation. On the County Commission Economic Development Fund, I would only support that if it is clearly limited to support of local businesses. Large chains get plenty of (unneeded) support from State and Federal level. Local businesses are left out in the cold. Further it is worded so loosely that is could probably be used to fund a bond issue.”" Clarion link -  http://www.theclarion.org/index.php?option=com_content&view=article&id=9498:clemmons-responds-to-most-recent-tva-in-lieu-bill-&catid=42:clarion-rotation-stories&Itemid=142


HISTORY ON THE ISSUE & CURRENT LEGISLATIVE ACTION

SCOTTSBORO, Alabama -- State lawmakers from Jackson County have taken the unusual steps of incorporating as a nonprofit and buying an office building on the courthouse square in Scottsboro.  http://blog.al.com/wire/2013/02/jackson_county_lawmakers_passi.html

2011 "In the Boro" article regarding Alabama Attorney Generals Opinion: http://arklite.blogspot.com/2011/03/jackson-county-commission.html

TVA-in-lieu-of-tax Breakdown - http://www.theclarion.org/index.php?option=com_content&view=article&id=8373:tva-in-lieu-of-tax-breakdown&catid=42:clarion-rotation-stories&Itemid=142

Distribution of TVA-in-lieu-of-tax per Code of Alabama - http://codes.lp.findlaw.com/alcode/40/28/40-28-2

Uneducated, unwise decision making by elected officials - SB468, creation of secrecy: http://arklite.blogspot.com/2013/05/tva-in-lieu-of-tax-distribution-sb468.html

Current Bill before the legislature, SB2 - Action: 2015-09-08 - Read for the first time and referred to the House of Representatives committee on Local Legislation; Pending: House Local Legislation Committee ; Text: Latest bill text (Introduced) [PDF] 
link - https://legiscan.com/AL/bill/HB2/2015/X2

Jackson County Commission June 22, 2015

Jackson County Courthouse, south entrance (photo by G. Morgan)

Item 1 on the agenda stands out - secret agreement between Wiessner Enterprises LLC and the Jackson County Commission for a Master Project Agreement. Wiessner Enterprises LLC listing on Business Profiles http://businessprofiles.com/details/wiessner-enterprises-llc/US-DE-5612078 Corporation formed in Delaware on September 29, 2014. This corporation was formed to support this enterprise - Google Chooses TVA Site for Next Data Center

UPDATE - January 24, 2016: Was the failed 1% sales tax increase tied into this deal? 

Why wasn't the recent public meeting, Jan. 19, 2016 at North Jackson High School, regarding the Coal Ash disposal at Widows Creek, announced in Jackson County? It was announced in Chattanooga, Decatur/Huntsville areas, but not Jackson County? There was no local announcement which could be found on the internet for the meeting.

Alabama Secretary of State Listing

Wiessner Enterprises, LLC is an Alabama Foreign Limited-Liability Company filed on June 16, 2015. The company's filing status is listed as Exists and its File Number is 336-027.

The Registered Agent on file for this company is Corporation Service Company (csc) and is located at 150 South Perry Street, Montgomery, AL 36104. The company's principal address is 2711 Centerville Rd/Ste400, Wilmington, DE 19808
                                                                       
 Who is CSC? Corporation Service Company ("CSC") is one of the largest Registered Agent service companies in the world. CSC represents hundreds of thousands of business entities worldwide, including nearly 90% of the Fortune 500 and top global brands.  https://www.cscglobal.com/service/csc/about

UPDATE -  January 24, 2016:  In spring, 2015, TVA transferred 360 acres of Widows Creek plant property to Wiessner Enterprises for light industrial development. This property disposal was the subject of a March 2015 Environmental Assessment. Google, Inc. has subsequently announced its plans to build a data center on the site. Wiessner Enterprises has now requested the transfer of an additional 336 acres of plant property to support the operation of the data center. The draft Environmental Assessment also evaluates additional site grading for the data center and the construction and operation of a switching station and transmission line connections to provide power to the data center. - See more at:  https://www.tva.gov/Environment/Environmental-Stewardship/Environmental-Reviews/Widows-Creek-Additional-Property-Disposal-and-Transmission-Facilities#sthash.2whBJDBr.dpuf

Site Map and link to Environmental Assessment Plans, below map, (click on image for an expanded view). The Google site is identified in the upper left of the map.

 https://www.tva.gov/file_source/TVA/Site%20Content/Environment/Environmental%20Stewardship/Environmental%20Reviews/Widows%20Creek%20Additional%20Propert%20Disposal/Widows%20Creek%20Property%20Disposal%20SEA.pdf

First Data Center to Locate on Repurposed Coal Generation Site

STEVENSON, Ala. – TVA Press Release  http://www.snl.com/Cache/1001199324.PDF?Y=&O=PDF&D=&FID=1001199324&T=&IID=4063363

AGENDA

1% Sales tax referendum to be held August 18

Senior Center Scottsboro meeting, article by Heather Garner of the Clarion - http://www.theclarion.org/index.php?option=com_content&view=article&id=9323:sales-tax-talk-continues-&catid=42:clarion-rotation-stories&Itemid=142

UPDATE - As we now know, the 1% tax increase did not pass. Will this effect the Wiessner-Google project?

TVA-in lieu-of-tax-bill fails passage, funds in limbo. Many Jackson County non-profit agencies, including Volunteer Fire Departments and senior citizen programs are dependent on the revenue, article by Heather Garner of the Clarion - http://www.theclarion.org/index.php?option=com_content&view=article&id=9300:tva-in-lieu-bill-dies-in-state-legislature&catid=42:clarion-rotation-stories&Itemid=142

VIDEO

May 8, 2015 - Jackson County Legislative Delegation - 2015 Alabama Legislative Review

Jackson County Alabama District 8 Senator Steve Livingston (left) and 

District 23 Representative Tommy Hanes (right) discuss issues.

May 7, 2015 Scottsboro, Alabama - The Jackson County Legislative Delegation's 2015 Legislative Review at the Scottsboro Water Sewer & Gas Board's Operations Center.  TVA-in-lieu-of-tax discussion, funds to be returned to county commission, Discretionary Fund Committee to be cancelled. Management reform discussed for Medicaid, Mental Health, and Prisons. Governor Bentley's $541 million in tax increases not needed. "$350 million" is the amount Mr. Hanes indicated would cover the budget, not $541 million. Thoughts on ABC Store privatization.

VIDEOS


Video on TVA-in-lieu-of-tax-issue

TVA Quarterly Meeting at Huntsville, Alabama - May 7, 2015 Widows Creek to Close This Year

TVA Widows Creek (photo by TVA - Fair Use for non-profit news reporting)

Top Story for Jackson County Alabama - TVA-in-lieu-of-taxes will be negatively impacted. Excerpt from the Chattanooga Times Free Press: "The Tennessee Valley Authority will shut down the last operating unit at its oldest coal plant in Alabama by the end of the year. TVA directors voted today to shutter the Widows Creek Fossil Plant near Stevenson, Ala., which TVA began building more than 60 years ago. TVA has previously idled all but one of the eight units at Widows Creek. The only remaining operating generator, Unit 7, is scheduled to be closed by the end of the year as part of TVA's efforts to meet stricter environmental rules,"  http://www.timesfreepress.com/news/business/aroundregion/story/2015/may/07/tva-prepares-shut-down-widows-creek-coal-plant/302963/

Al.com article - "90 jobs to be lost - The Tennessee Valley Authority will by October close the last remaining unit at its Widows Creek coal plant in Jackson County.TVA officials said the closing, which will affect about 90 jobs, is in response to new federal regulations regarding the storage and monitoring of coal ash. Widows Creek has eight units. TVA shut down six units between May 2012 and July 2013 and it closed a seventh unit last October."

http://www.al.com/news/huntsville/index.ssf/2015/05/tva_to_close_last_unit_at_wido.html

Environmental Group Presentations at TVA Board Meeting Listening Session

TVA Presentation Slides

AGENDA for the meeting: Agenda

TVA VIDEO

Jackson County Legislative Delegation - TVA-In-Lieu-of-Tax

Interview with Jackson County Commission Chairman Matthew Hodges March 21, 2014

Scottsboro, Alabama March 21, 2014 at the Jackson County Courthouse. Interview with Commission Chairman Matthew Hodges.

Questions for this interview were provided to Mr. Hodges 24 hours prior to the interview.

The interview - video below. 

 

3-21-2014 – Matthew Hodges Interview, Chairman of the Jackson County Commission

Intro: I'm Garry Morgan of "In the Boro" of Google Blogger at arklite.blogspot.com; I'm with Matthew Hodges, Chairman of the Jackson County Commission and this is a video interview with Mr. Hodges about his thoughts on challenges, accomplishments while he has been in office, and questions about the $225,000 transfer of TVA in lieu of taxes from the Discretionary Fund to the Jackson County Legislative Delegation Building Fund. There are eight questions in this interview which were provided to Mr. Hodges yesterday afternoon.

 Thank you for taking the time out of your busy schedule for this video interview.

1) Mr. Hodges how long have you been in office now as the commission chairman? 

2) What do you think is the biggest challenge facing the Jackson County Commission at this point?

3) What do you think are your largest accomplishments since being elected as commission chairman?

 Let’s discuss the fund transfer of $225,000 from the TVA in lieu of tax Discretionary Fund to the Legislative Delegation's Office Account.

4) The vote to transfer $225,000 of the TVA in lieu of tax from the Discretionary Fund to the Legislative Delegation's Office Account was 4 votes for the transfer, 2 votes against the transfer. All members of the legislative delegation  and you voted for the fund transfer, Mr. Crawford and Mr. Ledwell voted no. Why did you vote to approve the transfer of funds from the TVA in lieu of tax Discretionary Fund to the Legislative Delegations Building Fund in the amount of $225,000?

5) Did you have any prior knowledge of how the $225,000 would be utilized?

6) Is there any truth to rumors that you knew that the $225K was going to be utilized to purchase the current building the delegation uses instead of remodeling the previous purchased building?

7) Did any member of the current legislative delegation or private party suggest to you that it would be beneficial for you to support the transfer of the $225,000? 

8) Do you have anything that you would like to add? 

 Thank you Mr. Hodges for taking your time for this discussion.

 

VIDEO

Jackson County Discretionary Fund Meeting - Jackson County Alabama Legislative Delegation

Alabama State Senator Shad McGill serves as Chairman of the Jackson County Discretionary Fund Committee. (photos by G. Morgan)

 

The Jackson County Legislative Delegation has the following fund balances: Delegation Office Account - $86,393.00; Discretionary Fund Account- $830,446.65 as of today's date.

 

All requests for funds were tabled until "the Discretionary Fund Budget" could be reviewed. However, by a 4 to 2 vote it was approved that $225,000 be taken from the Discretionary Fund for the Legislative Delegation's office space. Revenue Commissioner Ron Crawford and Commissioner Stacey Ledwell voted against the $225,000 "loan," as described by Mr. Johnson and Mr. McGill to be transferred from the Discretionary Fund to the Delegation office fund. Please watch the video for more on this issue.

 

VIDEO

Sen. McGill describes Jackson County Commission involvement in Laurel St. building purchase, "County commission suggested the purchase of the building..."

 

WAFF News Story: http://www.waff.com/story/24377621/jackson-co-delegation-approves-new-move-project  Previous WAFF story: http://www.waff.com/story/24234183/plans-for-jackson-co-delegation-move-on-hold

SUNSHINES ON Jackson County Alabama Legislative Delegations Distribution of TVA-IN-LIEU-OF-TAX-FUNDS

Jackson County Alabama Discretionary Fund Committee to meet twice monthly to deliberate and decide on the TVA-in-lieu-of-tax funds distribution. Next meeting announced to be held Nov. 5, 2013, at 2PM.

 

 

10 Years in the making, SUNSHINE WINS!

Photo-Sunlight Foundation http://sunlightfoundation.com/

Today the Discretionary Funds Committee met at the Jackson County Legislative Delegation office in Scottsboro, Alabama. The Discretionary Funds Committee distributes the TVA-in-lieu-of-taxes. The committee consists of the three Jackson County Legislators, a representative from the County Commission and the County Revenue Commissioner. This is the first time the deliberations regarding the funds dispersal has been open to public transparency.

Senator McGill announced, due to less TVA-in-lieu-of-tax funds, all fund requests approved would be reduced by 25%. Some requests were apparently incomplete and did not have total amounts of money for specific items stated in their requests and could not be approved. "The Choices Program" funding request was approved for $7500 less the 25%=$5625.00.

It was reported that the current Discretionary Fund's account balance was $131,485.00

VIDEO

TVA-In-Lieu-of Tax Distribution, SB468 Passed -.McGILL CONTINUES BARRON'S PRACTICES, CREATES SECRET COMMITTEE!

(photo by G. Morgan)

 

The Jackson County Alabama Legislative Delegation Acts as if it is a separate government entity operating in contravention of the Constitution of the State of Alabama. The Delegation and its political committee distributes funds in SECRET, violating the Open Meetings law - but no one seems to care, or do they? A previous commissioner is suing them over their secret, unconstitutional behavior. 

 

On one hand the Department of Public Examiners has called the Delegation a "Political Caucus" and not required to follow the Open Meetings Laws of the State. On the other hand the Delegation calls themselves a Non-Profit Organization. The Delegation and its representative committee distributes public funds without any open deliberation. Regardless of how the Delegation distributes the funds not belonging to them, they operate in secret and have done so for many years.

 

 

SENATE BILL 468

1 SB468
2
3
4 With Notice and Proof
5
6 ENROLLED, An Act,
7 Relating to Jackson County; to amend and reenact
8 Section 1 of Act 79-473, 1979 Regular Session, as amended by
9 Act 99-550, and Act 2012-421, so as to provide for the 10 appropriation of funds received by the county from payments
11 made in lieu of taxes by the Tennessee Valley Authority.
12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
13 Section 1. Act 79-473, 1979 Regular Session (Acts
14 1979, p. 873), as amended by Act 99-550, and as further 15 amended by Act 2012-421, is amended and reenacted to read as
16 follows:
17 "Section 1. Any payments coming into the treasury of
18 Jackson County that are derived, directly or indirectly, from 19 payments by the Tennessee Valley Authority in lieu of payment
20 of taxes shall be appropriated as follows:
21 "(A) The first one hundred forty-five thousand
22 dollars ($145,000) of each year's payments shall be paid to 23 the Jackson County Hospital Board to provide all residents of 24 Jackson County with adequate ambulance service.
Page 1

SB468
1 "(B) After the above appropriation to the Jackson
2 County Hospital Board, the next one hundred five thousand
3 dollars ($105,000) shall be paid to the Jackson County
4 Economic Development Authority on an annual basis. Said 5 appropriation shall be paid before all other appropriations 6 other than the appropriation to the hospital board.
7 "(C) In addition to all other amounts hereinabove
8 paid to the Jackson County Economic Development Authority, the
9 next seventy-five thousand dollars ($75,000), after the
10 appropriations in subsections (A) and (B) above shall be
11 annually paid to the Authority. All appropriations made in
12 this subsection to the Jackson County Economic Development
13 Authority shall be deposited in a special industrial
14 development fund to be used only for the purposes of this
15 subsection as follows: for recruiting industry; matching
16 public or private grants the county may receive for industrial
17 development; and special projects for site preparation, 18 surveying, archaeological or geotechnical studies, or other
19 direct expenses necessary to recruit industry to the county.
20 "(D) After the above appropriation, all Jackson
21 County volunteer fire departments in good standing with the
22 Jackson County Association of Volunteer Fire Departments shall
23 be authorized to receive five thousand dollars ($5,000) each
24 annually to help furnish adequate fire protection in the
25 communities that they serve. The amount paid to each volunteer
Page 2

SB468
1 fire department shall be paid at the direction of the County
2 Fire Marshal and disbursed to each fire chief upon approval of
3 the County Fire Marshal. In addition to the above, thirty
4 thousand dollars ($30,000) shall be distributed to the Jackson
5 County Association of Volunteer Fire Departments for use by
6 the association.
7 "(E) After the above appropriation, the next
8 twenty-five thousand dollars ($25,000) of each year's payments
9 shall be distributed to the Scottsboro-Jackson County Rescue 10 Squad for the maintenance and operation of the rescue squad's 11 equipment and facilities.
12 "(F) An annual accounting of the use of the funds
13 appropriated in subsections (A), (B), (C), (D), and (E) shall
14 be furnished to the Jackson County Discretionary Committee no
15 later than September 30 of each year. In the event an annual
16 accounting is not furnished, the committee may reduce or
17 terminate funding for the next fiscal year for the entity
18 failing to furnish the report by a majority vote of the 19 committee.
20 "(G) Commencing October 1, 2013, the net payments
21 remaining in the appropriation paid to Jackson County after 22 the appropriations in subsections (A), (B), (C), (D), and (E) 23 above shall be appropriated as follows:
24 "(1) Two percent (2%) of such payments, as shall be
25 necessary, shall be used to establish, equip and maintain a
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SB468
1 legislative office for the members of the state legislative
2 delegation serving Jackson County, Alabama, and any unused
3 portion shall be paid to the Jackson County Discretionary Fund
4 to be disbursed by the Jackson County Discretionary Committee,
5 as established hereinafter, in the same manner as all other 6 funds from the Jackson County Discretionary Fund. 7 "(2) Two percent (2%) of such payments shall be 8 appropriated to Jackson County EDA under this act.
9 "(3) Thirty-three and fifty hundredths percent
10 (33.5%) of such payments shall be appropriated to the public 11 school systems within Jackson County on a per pupil pro rata
12 basis.
13 "(4) Twenty-five and fifty hundredths percent
14 (25.5%) of such payments shall be appropriated to the 15 incorporated municipalities within the county on a population
16 basis.
17 "(5) Twenty-five and fifty hundredths percent
18 (25.5%) of such payments shall be placed in the general fund 19 of the county treasury and may be used for any lawful purpose 20 by the county.
21 "(6) Eleven and fifty hundredths percent (11.50%) of
22 such payments shall be placed in a Jackson County 23 Discretionary Fund to be disbursed by the Jackson County 24 Discretionary Committee, as established hereinafter.
Page 4

SB468
1 "(H) There is created a Jackson County Discretionary
2 Committee consisting of six members. The members of the
3 committee shall be: the Chair of the Jackson County
4 Commission, a member of the Jackson County Commission selected
5 by the commission on an annual basis, the Jackson County
6 Revenue Commissioner, the state senator representing Jackson
7 County, and the two state House of Representatives members
8 representing all or part of Jackson County. The state senator
9 representing Jackson County shall be the chair of the
10 committee. The discretionary committee shall adopt rules of
11 procedure consistent with this act and shall make, by majority
12 vote, all decisions concerning disbursement from the Jackson
13 County Discretionary Fund."
14 Section 2. All prior local acts of the Alabama
15 Legislature related to the distribution of Tennessee Valley
16 Authority in lieu of tax payments that are inconsistent
17 herewith are repealed.
18 Section 3. The provisions of this act are severable.
19 If any part of this act is declared invalid or
20 unconstitutional, that declaration shall not affect the part 21 which remains.
22 Section 4. This act shall not affect any payments 23 for the fiscal year ending September 30, 2013.
24 Section 5. This act shall be effective October 1,
25 2013.
Page 5

SB468
1
2
3  
4
President and Presiding Officer of
the Senate
5  
6
Speaker of the House of Representa-
tives
SB4687
8 Senate 07-MAY-13
9 I hereby certify that the within Act originated in 10 and passed the Senate.
11
12Patrick Harris
13 Secretary
14
15
16
17 House of Representatives 18 Passed: 20-MAY-13
19
20
21 By: Senator McGill
Page 6
  

Six of one, half a dozen of the other - Jackson County Legislative Delegation - Democrats and Republicans are like Criminal Gangs

Approximately seven years ago I had questioned the Jackson County Legislative Delegation's expenditure actions as to their spending of public funds. (photo by G. Morgan)

The delegation over the years has passed numerous local laws for the sole purpose of distributing public funds of Jackson County. Specifically the TVA-In-Lieu-Of-Tax funds. I filed a complaint with the local District Attorney and the Alabama State Auditors. The state sent forth a letter attempting to justify the delegations money laundering operations as an enterprise of a political caucus and as a political caucus the state could not be involved in an investigation. Further evidence indicated funds were being distributed through non-existing schools in the area. No one seemed to care about this dubious, shyster like operation. Today the shysters continue their charade. Giving credence to, "there is no difference between the Democrats or Republicans." Republicans and Democrats act as organized crime syndicates act, consistently attempting to "kill off" the competition. It is disgusting and it is time for the people to say, "enough is enough."

"Political Parties And Governments As Organized Criminal Gangs: In the USA the conservatives, that is, the Republican Party want to tax the poor and give the money to the rich; the liberals, that is, the Democratic Party want to tax the rich and use the money to serve the interests of the poor and middle class. The semblance of the two, criminal gangs and political parties, does not end there. In personality type those who tend to join criminal gangs tend to have anti social personality disorder and or narcissistic personality disorder. Those who tend to lead political parities tend to have anti social personalities and or narcissistic personalities. In America, political parties are mostly led by lawyers. Guess what, lawyers generally tend to have anti social personalities! The typical attorney is a sociopath; the average lawyer has no conscience, does not feel guilt or remorse for his wrong actions. Lawyers simply manipulate the law to get what they want for their clients and for themselves." http://chatafrik.com/articles/law-and-justice/item/1135-political-parties-and-governments-as-organized-criminal-gangs.html



The current administration of the Jackson County TVA-in-lieu-of-tax-funds are just as messed up as any time in the past. The delegation in their efforts cannot seem to fathom that the TVA-in-lieu-of-tax funds should be distributed by the Jackson County Commission and the various municipal governments of Jackson County. In gaining the control of the annual multiple million dollars fund the delegation has acted as if they are a money laundering criminal enterprise to hide the fact that they have diverted funds belonging to the people of Jackson County and the several municipalities of the county.

During the Democrat politicians term at the helm of the delegation there was a considerable amount of press describing how the funds were spent. Under the current Republican regime there is an air of secrecy, very little press and a continuous stream of confusion and political wrangling to preserve the delegations distribution of the funds.

The delegations actions are rooted in historical Alabama Power politics of deceit and control to maintain power. In this case money equals power. The power to say, "see what a wonderful politician I am, I have gave you millions." Money laundering, power plays and secrecy cloud the distribution of TVA-in-lieu-of-tax-funds. http://arklite.blogspot.com/search/label/Jackson%20County%20Legislative%20Delegation

The delegation's process in the distribution of the TVA-in-lieu-of-tax is indicative of  money laundering in the unbridled promotion of state politicians egos.  Fund distribution is accomplished in secret without any disclosure of a deliberative process. Worse the delegation has wrangled the county commission chair into their devious deed. 

In 2006 after being questioned on the legality of their actions in violation of the Open Meetings Act the local legislators formed a non-profit entity in the excuse to launder and hide the distribution of our public money. Today this non-profit entity is still in existence and these representatives of the people continue their devious ways of what seems to be a secret, criminal enterprise under the color of law. Attempting to justify the distribution of county and municipal public funds as a non-profit entity.

 

The Jackson County Legislative Delegation continues their charade by wasting tens of thousands upon tens of thousands of dollars in the expansion of their realm of deceit and misutilization of our public funds. All beyond the purview of an open government process. http://www.theclarion.org/index.php?option=com_content&view=article&id=4780:legislative-delegation-purchase-building&catid=42:clarion-rotation-stories&Itemid=142

Not one word that the entire process was conducted in secret as the delegation acts as if it is a non-profit entity - no one challenges the crooks. The current crooks find it very easy to bash a former politician,  just like a criminal gang. Where were they at when evidence of money laundering was brought forward? Could it be both political gangs have participated in the gains?

Jackson County Commission Meeting

Monday March 12, 2012 was a regular meeting of the Jackson County Commission.

The big issue: The Jackson County Commission went into Executive Session to decide on postponing the decision concerning the TVA in-lieu-of-tax issue legal dispute between the Commission and the Legislative Delegation. Judge Little, Madison County, was the Circuit Court Judge which heard the issue before the court. Both Jackson County Circuit Court Judges recused themselves due to a conflict of interest. There was a decision reached in August 2011 but as of February 2012 a final legislative bill had not been finalized (see news articles below).

The current commission decided yesterday to allow the next seated commission to deal with the issue. It was also stated that it was doubtful the issue would be finalized during the current legislative session. Mr. Porter was authorized to approach the Court and Legislative Delegation concerning postponing any final decission until the next commission is seated. Judge Little will have to approve any actions.

Daily Sentinel articles-  August 1, 2011- "Commission delegation to sign agreement"  http://thedailysentinel.com/news/local/article_87c5492a-bc87-11e0-a505-001cc4c03286.html  and Aug 8, 2011- http://thedailysentinel.com/news/article_ddfcdcc8-c1d6-11e0-afad-001cc4c002e0.html   Feb 2012- "TVA Bill yet to be crafted" http://thedailysentinel.com/news/article_03bd4476-51e1-11e1-b46d-0019bb2963f4.html

Yesterday's commission agenda, click on image for an expanded view.

Commissioner Horrace Clemmons donated $3928.00 from his salary to move the Section, Alabama School Zone lights, item G on the agenda.

Commissioner Clemmons, District 4, has donated his entire salary for charitable and immediate needs within the county during his 4 year term as a county commissioner. Mr. Clemmons has stated he will serve 1 term and no more.