AVALON SOUTH Agreement reached on winterizing golf course



Some council members aren't real keen on the agreement.
By PEGGY SINKOVICH
and DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- It will cost about $50,000 to winterize Avalon South Golf Course.
An agreement submitted Monday to Judge Andrew Logan of Trumbull County Common Pleas Court states the city does not have the money or the employees to maintain the course for the winter.
Under the agreement worked out between attorneys for Tony Joy, operator of the city-owned golf course, and the city, Joy will winterize the course using money in an escrow account established during his lawsuit against the city.
The escrow account holds the city's rental payments that Joy owes. Rent is not due again until Feb. 1.
Keeping course open
"It is advantageous for both parties to keep the golf course open during the winter months to both promote and preserve the asset and the income that it generates," the agreement says.
Last week, attorneys representing Joy and the city agreed that Joy would stay at the course for another year.
Trial is set for December 2003.
The city tried to evict Joy from the Howland course in February citing unpaid rental fees, failure to pay a bank loan and failure to maintain liability insurance.
Joy sued, contending officials told him he would be credited for improvements he made to the facility, which include a new clubhouse and, that in 1988, the city's safety-service director told him he would not have to pay property taxes.
Joy will post a $70,000 bond to protect the city's interest in the rent due for 2002 in lieu of deposits by Joy in the escrow account. The bond amount also can be modified under the agreement for 2003 rental payments.
Disagrees with agreement
Atty. Richard Schwartz, who represents Joy, said the course will be open in the upcoming season, but the arrangement doesn't sit well with some council members.
"I think it should come before council before that permission is granted," said James "Doc" Pugh, D-6th, a member of a council committee established to consider options regarding the course.
If the money in escrow is used for anything, it should come to the city, he said.
"We haven't gotten our payments for 2000 and 2001 yet," Pugh said.
Gary Fonce, D-at large, another committee member, thinks the committee should meet soon so that Greg Hicks, law director, can explain the agreement.
"It just further confirms my idea that we should stick a for sale sign in front of it," Fonce said, adding most area golf course winterized weeks ago.
dick@vindy.comsinkovich@vindy.com