The following information was included in a file and hand delivered to Adrienne Wright on Tuesday, December 22, 2009.
On December 9, 2009 and December 16, 2009, the ball field at Frankie Allen Park was clearly in sub-standard condition. On both days Ultimate Sports of Atlanta played league games. Pictures of the field conditions were taken during the day and video of the games being played were taken on those nights.
They had previously been warned for violation of City of Atlanta Ordinance 110-59(a)(8) and were also reported for a possible violation on October 28, 2009, but apparently no action was taken by the City of Atlanta Department of Parks.
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----- Original Message -----
From:
CSA
To:
Wright, Adrienne
Cc:
Gale Daugherty ;
Harnell Cohen, Dianne ;
SP Sports ;
Daniel M. Gershwin ;
legal@csasportsleagues.com
Sent: Thursday, October 29, 2009 3:39 PM
Subject: Wednesday - 10/28
Adrienne-
I sent a text message to you at 404-557-1024 last
night after I left Frankie Allen once we cancelled our game.
"Adrienne- I wanted to let you know i cancelled the
remaining games tonight. I tried to fix the field, but there is too much
water in the outfiled. I will send the pictures tomorrow. -Leland, CSA
Sports"
I tried to get the field in a playable state, but there was far too much
standing water in a 50ft section of the outfield. I took pictures of the
field at 7:15pm documenting the condition, specifically the outfield
grass area that was the problem. The field was clearly sub-standard (as
the pictures indicate).
When I learned later on last night that Ultimate Sports of Atlanta was
playing their scheduled games at Frankie Allen Park, I went back with my
camera and took pictures and video. This is now the second time this has
happened.
We anticipate that this will be handled just like it
was with Go Kickball. Go Kickball was given a warning, and upon report
of a second violation had their permits revoked.
We are scheduled to play again tonight from 6-8pm. I
am bringing out my maintenance equipment, including our shop vac, to
make sure the field is in playable condition. I would think that playing
three games with a muddy batters box and a saturated outfield has done
significant damage to the field and I will be forced to do additional
maintenance to the field before we can play tonight.
I will drop off a disc with the pictures and videos and my affidavit at
the City of Atlanta DPRCA tomorrow.
-Leland Dombrowsky
Executive Director
CSA Sports
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----- Original Message -----
From:
CSA
To:
Wright, Adrienne
Cc:
Daniel M. Gershwin ;
Kevin @ SP
Sent: Tuesday, July 14, 2009 11:08 AM
Subject: Follow up - July 8, 2009
Adrienne-
I hope that you find the additional information I submitted yesterday
helpful. It appears Section 110-59 (a) (8) and Section 110-76 (a) (5) of
the City of Atlanta Code of Ordinances as well as the rules and
regulations set forth in the Ballfield Application and Athletic Field
Use Policy have been violated.
The organizations reserving the fields are responsible for the actions
of the client. That was made abundantly clear to all of us at the last
ball field lottery. If games had been cancelled, why were their clients
still playing on a field that was deemed unacceptable for games?
The pictures and video show the condition of the field, that a group was
using that field, and that a person had alcohol on the field. I included
a copy of my sworn statement that identifies the people that were doing
this and I can further corroborate that they are all clients of Ultimate
Sports of Atlanta.
CSA Sports had a permit for use of the ballfield at Frankie Allen Park
from 6pm-8pm on Wednesday, July 8th. I arrived at the facility at
5:20pm, noted the condition of the field, documented those conditions
with a series of pictures, informed all my clients that games were
cancelled that day, posted signs to make sure that this was clear, and
then waited at the park to make sure that none of our players used the
field when conditions were unplayable.
By contrast, the evidence indicates that Ultimate Sports of Atlanta had
a representative arrive at the park, saw the signs posted indicating
that the field was closed to CSA's players, contacted Adrienne Wright at
404-557-1024, cancelled the scheduled games, and then their clients used
the field anyway.
This led to damage to the field that caused CSA to cancel play on
Thursday, July 9th. I believe the other two groups that rent the field
on Thursday nights were similarly affected.
Precedent for permit revocation has been set. Before we were allowed to
proceed with the ball field lottery on April 22, 2009, every group was
required to have a representative sign an acknowledgment regarding the
City of Atlanta Athletic Field Use Policy. That form is very specific
about the rights and requirements of permit holders. This was the
warning to all groups and obviously violating that policy, by direct
action or lack of control, results in permit revocation.
On April 2, 2009, Commissioner Dianne Harnell Cohen issued a
notification to Go Kickball that their permits with the City of Atlanta,
including those at Piedmont Park, had been revoked. This was due to an
incident at Shady Valley Park on Thursday, March 26, 2009. Citing the
letter sent to Jeff Kassen, "The incident on March 26th is a direct
violation of the Office of Parks policy of "no playing on wet fields".
Therefore, as a result of your violation to this policy, your permit for
the remainder of the Spring 2009 season has been revoked."
On April 12, 2009, Jeff Kassen informed that City that no one
representing his organization was present on Thursday, March 26th at
Shady Valley Park and that they had cancelled games and so informed
their clients. He requested an appeal and that the permits issued to Go
Kickball for the Spring 2009 season be re-instated.
On April 30, 2009, you sent a letter to Jeff Kassen that indicated that
the revocation would be sustained for the remainder of the spring season
and that they would be on a probationary period for a subsequent season.
This was a case where the organization was punished for violating the
field use policy even though they were supposedly unaware of the actions
that caused the decision. The situation on July 8, 2009 at Frankie Allen
is one where the representative was fully aware of the conditions and
did nothing to ensure that the policy would not be violated. That is
supported by the indisputable fact that they cancelled the games
scheduled for that night.
This has a direct impact on my organization. CSA employs several
protocols to make sure that this never happens. We have permits for that
particular facility on Tuesday, Wednesday, and Thursday nights. Any
group that does things that damages the field will have a major impact
on our ability to use our permitted times. We fully expect that Ultimate
Sports of Atlanta will receive the same penalties that Go Kickball did.
Further, because the actions were intentional, re-instatement for the
fall season on a probationary basis should not be a consideration.
I have copied the other field renters as well. We believe they should be
fully aware of what happened.
Thanks.
-Leland Dombrowsky
Executive Director
CSA Sports |
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The following letter was hand delivered to Adrienne Wright on Tuesday, December 22, 2009 at 4:30pm To: City of Atlanta, Department of Parks, Recreation &
Cultural Affairs From: CSA Sports On Wednesday, December 9, 2009 and Wednesday, December 16, 2009 the ball field at Frankie Allen Park was in sub-standard condition on both days, yet Ultimate Sports of Atlanta played anyway even though the field was clearly in sub-standard condition. The substantial rains during the entire summer and fall season have done significant damage to the ball field at Frankie Allen Park. Our group routinely cancelled games because of poor conditions. When the fields are questionable we have contacted the City of Atlanta Department of Parks about other groups using the fields under unacceptable conditions. Nothing is being done. This is not acceptable. After being informed on both days listed above that games were being played I went to Frankie Allen Park. I then took pictures and video of the groups using the field. They are included. After being formally warned on July 13, 2009, on at least three subsequent occasions Ultimate Sports of Atlanta has conducted games on the ball field at Frankie Allen Park even though the field was wet and there was standing water in the outfield. On Wednesday, October 28th; Wednesday, December 9th; and Wednesday, December 16th we recorded pictures and video of Ultimate Sports of Atlanta conducting softball games. When I attempted to contact the authorities or the Parks department personnel, I have been ignored and nothing has been done. This is now at least four times this year that this particular organization has violated City Ordinance Section 110-59(a)(8), the policy regarding field use. A policy that has been explained in great detail at each of the last five ball field lotteries the City of Atlanta has conducted. Included with this letter is a disc that has the pictures and video taken on Wednesday, October 28, 2009; Wednesday, December 9, 2009; and Wednesday, December 16, 2009. I have also included a printout taken directly from the website of Ultimate Sports of Atlanta. The document shows a schedule of games and the team names. The conditions of the fields were clearly sub-standard, but the attempt to prepare the field for play was disgraceful. On many occasions we have had to prepare the field for play before CSA Sports has games. If the field can not be prepared with the proper equipment we do not play. First, we always have the proper maintenance equipment available, including a rake, industrial broom, shovel, and tamper. Second, if we have significant standing water we use a shop-vac to pump the water off the field before starting any work. Third, we use the correct products for field maintenance. We asked the maintenance representative of Buckhead Baseball what products they use and purchased the same. We used TURFACE GAME SAVER Sports Field Conditioner (rapid dry) and TURFACE Athletics Pro League Red (clay repair) for corrective maintenance at Frankie Allen Park. We didn’t use spill absorber or cat litter. This is what was used by Ultimate Sports of Atlanta on both December 9, 2009 and December 16, 2009. The enclosed pictures and video show the condition of the field the day the games were played and the video show who was playing and the poor field maintenance that was done. Files MOV01916, MOV01918, and MOV01920 were taken on Wednesday, December 9, 2009 at Frankie Allen Park and show the umpire for Ultimate Sports of Atlanta, Roger Werner, the conditions of the home plate area, and the batter in red is Joey Mosher, and his team is identified as JY IS VOKKEN UIT, EK IS VOKKEN IN! (See attached schedule taken from Ultimate Sports of Atlanta). MOV01916 was taken at 9:05pm, MOV01918 was taken at 9:07pm, and MOV01920 was taken at 9:18pm. Files MOV01921, MOV01923, MOV01924, MOV01928, and MOV01929 were taken on Wednesday, December 16, 2009 at Frankie Allen Park. These files show the conditions of the field, the umpire for Ultimate Sports of Atlanta, bags of cat litter next to the gate by the dugout, dogs in the dugout, and several players who have been identified. The voice on MOV01921 heard saying, “Help him out, nobody’s standing on a bag” is Darryl Geller and he plays on the team Jerry’s Kids. MOV01923 shows a batter and a player in the outfield dressed in black. The player in black is Victor Armendariz and he also plays on the team Jerry’s Kids. MOV01924 and MOV01929 have players identified as Loni McCarron and Andrew Miller. MOV01921 was taken at 8:59pm, MOV01923 was taken at 9:01pm, MOV01924 was taken at 9:03pm, MOV01928 was taken at 9:10pm, and MOV01929 was taken at 9:11pm Also included with the pictures are the proper field maintenance products to use and pictures taken on Monday, November 30, 2009. On that day, CSA Sports had league play and also had to deal with wet field conditions. This is the condition of the batters box and the infield after we had finished our maintenance work. The evidence included is compelling and indisputable. This group has been formally warned (just like Go Kickball) and has intentionally and specifically violated the ordinance again. We expect that Ultimate Sports of Atlanta will be treated in the same fashion as any other multiple offenders and be prohibited from using properties of the City of Atlanta for league play for at least 12 months. Continued preferential treatment for this organization will not be tolerated. Thank you. Leland Dombrowsky |
| The following letter was hand delivered to
Adrienne Wright on Tuesday, December 22, 2009 at 4:30pm
To: City of Atlanta, Department of Parks, Recreation & Cultural Affairs From: CSA Sports On Wednesday, October 28, 2009 the ball field at Frankie Allen Park was in sub-standard condition as the result of heavy rains on Tuesday, October 27th. The pictures taken of the field around 7:15pm illustrate the sub-standard conditions of the field. Also included are pictures and video taken at approximately 10:30pm, those show a softball game being played. After leaving the facility at approximately 7:20pm, I returned to Frankie Allen Park at around 10pm after discovering that the games scheduled for Ultimate Sports of Atlanta were being played. When I returned, I saw that a game was being played on the field by two teams that were positively identified as clients of Ultimate Sports of Atlanta. I then took pictures and video of the groups using the field. They are included. File MOV01841, MOV01842, and MOV01843 show the umpire for Ultimate Sports of Atlanta, Roger Werner. File MOV01841 shows a team in red shirts, a client of Ultimate Sports of Atlanta. The team in red is identified as JY IS VOKKEN UIT, EK IS VOKKEN IN! (See attached schedule taken from Ultimate Sports of Atlanta). File MOV01843 and File MOV01834 shows a team in the field with several players from Jerry’s Kids, including Roger Behar, Darryl Geller, Andrew Gambino, and Brian Sizemore. File MOV01834 was taken at 10:27pm. File MOV01843 was taken at 10:34pm. All pictures and video were recorded between 10:26pm and 10:38pm on Wednesday, October 28th. Included with this letter is a disc that has the pictures and video taken on Wednesday, October 28, 2009. I have also included a printout taken directly from the website of Ultimate Sports of Atlanta. The document shows a schedule of games and the team names. I positively identified at least four of the people that were playing last night, positively identified the representative of Ultimate Sports of Atlanta at the facility and can identify the team in red shirts as well. Thank you. Leland Dombrowsky |
| Pictures taken on October 28, 2009; December 9
& 10, 2009; and December 16, 2009 were loaded onto a webpage and are
available here. The pictures were saved with time and date information
included on each file. The original pictures, as well as 12 video files,
were downloaded onto a CD and submitted to Adrienne Wright. December 2009 October 2009 |
This is the field maintenance supplies that Buckhead Baseball uses at
Frankie Allen Park. CSA purchased the same products to use when we do field
preparation at Frankie Allen Park. Neither product is cat litter or spill
absorber. |