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21 APR 28 emergency CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in a rescheduled session on April 28, 2021 at the regular meeting place of the City Council. Council Member Bolden delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Council Members: Dietz, Bolden, Blevins, Sansing, Mashburn, Traylor, Twitty, Smith, and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1). Council Member Ray was absent. Others present for the meeting and by Zoom were: City Attorney Stephanie Friedman, Police Chief Brett Hibbs, Parks and Recreation Director Parks and Recreation Director Kevin House, Finance Director Cheryl Erkel. No members of the press were present. PRESENTATION OF MINUTES: APPROVAL AND/OR CORRECTION OF MINUTES: CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: A vote to rescind Resolution 805 (#03-2021) regarding Units 2 & 3 Rebsamen Medical Subdivision Council Member Blevins moved to rescind the contract that was approved at the previous City Council meeting involving the commercial purchase of the two units on Marshall Road. Council Member Twitty seconded the motion. Council Member Blevins explained that he reviewed the letter of intent, noting that the City of Jacksonville is paying all the closing costs which he feels is not right. He then added that he was not comfortable with the value of the two lots, saying that at the previous meeting he has asked about the appraisal. He stated that he was told that there was not an appraisal done. He then stated that he then asked when the last appraisal was done and Mayor Johnson stated that he did not know when the last appraisal was done. He stated that the end result was that it was voted favorably except for himself, pointing out that he abstained. He stated that on Monday he FOIA requested with Finance Director Cheryl Erkel for all the invoices regarding all the appraisals that had been done for the last six months. He stated that he found out that there was an appraisal done on these two lots approximately a month and a half ago. He noted that Mayor 1 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Johnson had told the City Council that there was no appraisal and valued the land at $330,000, but come to find out the land was appraised at $475,000, almost a quarter of a million-dollar difference. He continued saying that he feels this needs to be repealed or rescinded, adding that he feels there are other items that need to be discussed regarding this issue. Mayor Johnson stated that he went back and listened to the recording, saying that he was asked “do you know when the last appraisal was.” He stated that he had said “he did not know but it was more than the value of the property that we are selling for.” He stated that if full disclosure would have been to bring the appraisal and show it to City Council, just because I disagreed with it, did not mean I shouldn’t show it to you. It is free land, we are getting two hundred and eighty something thousand dollars for nothing. If I misled anybody, I apologize for that. Council Member Sansing stated that this Council, this City has a long history of giving good discounts to businesses, adding that he remembers that the City sold Triangle Engineering that entire building for a dollar. Anytime that we have an existing business that wants to expand and we can encourage them to expand by what is going to be a new hospital in Jacksonville and we give them a good deal, that is only good for the City. Firstly, we did not pay a dime for the land. What they are paying us, even after the little closing cost, is free and clear. They are getting a good deal, so they are more likely to want to purchase and be in Jacksonville by the hospital. If they are expanding their business, they are hiring different people, that is good for the City of Jacksonville. We have a history of giving businesses good deals to get them to stay here, expand here, and come here. I see nothing wrong with giving this business a good deal and encouraging them to invest in Jacksonville. Council Member Blevins addressed Council Member Sansing saying “you talk about how we give a good deal and we are known for giving a good deal, so why not just come out of the gate and say hey we are giving a great deal. Its $475,000 not $330,000 like it was said.” He stated “why not give the right appraisal and also I don’t think most of this even has to do with the numbers to be honest; it’s the fact that I asked about the appraisal and then I asked a second time about when the last appraisal was done and I was told that there wasn’t one and I had to pull teeth to even get it.” Mayor Johnson said “you are repeating yourself.” Council Member Blevins continued “I asked for it initially, no one knew where the original one was, people didn’t even know that there was one. Did the people we are selling this to, do they know that there was an appraisal done on the land that they are trying to buy?” Mayor Johnson stated, “I have no idea. I don’t know them.” 2 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Traylor stated that first off, he would have to agree with Council Member Blevins, he did ask if there was an appraisal and we were told that there was not one. He added that he believes that they should have been told that there was one. Mayor Johnson stated that he should have brought it and showed you. Council Member Traylor continued saying some other things came up during that discussion and the fact that the Hospital Board gave that land to the City of Jacksonville. Mayor Johnson confirmed that to be correct. Council Member Traylor stated that we can only sell that land, if I understand right, to a business that is going to be in the medical profession. Mayor Johnson concurred. Council Member Traylor stated that he would like to see that in writing. He stated that is what we have come to, saying I have to have some faith in what I am being told is correct. Mayor Johnson stated that there is a Bill of Assurance that is on file. He asked City Attorney Friedman if she knew where it was, adding that maybe Finance Director Cheryl Erkel has it but there was a Bill of Assurance on all that land over there that will only be used for medical purposes. Point of Order more than one person speaking at a time. Council Member Traylor questioned if there is a Bill of Assurance that the City Council could review? City Attorney Friedman stated that she has not seen one, adding that is not to say that there is not one but we could ask Public Works Director Jim Oakley. Council Member Traylor stated that his next question would be, in that Bill of Assurance, is it that the City can only sell it to someone that is using it in the medical field or can whoever buys it then in turn use it for whatever they want because the appraised value of $475,000 is a lot different if you are restricted in who can buy the property and what they use it for. A restaurant coming in might be willing to pay $475,000; but if the property can not be used for that then it is not worth $475,000. He then questioned if the appraiser was aware of that? Mayor Johnson stated that all he can do is get a copy of the Bill of Assurance and it says that whole area will only be used for medical purposes, adding that he saw it a year ago. 3 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Traylor stated that it is not so much the price, it is the trust. Mayor Johnson stated yes, I understand. Council Member Blevins stated that after seeing the price of the land, he contacted and sent in an agenda amendment to add to this contract a right of first refusal, for the City of Jacksonville to be able to buy the land back at the $290,000 value, and also add a three-year development clause to it. If they did not develop a medical building on, then we have the ability to get the land back at the price that was paid for it. Council Member Dietz stated that it should be on the Bill of Assurance and the recorded deed, we should have a copy of that since we own it, on what the land can be used for. He stated that it is a matter of public record and we can find that out. He stated that to the other side, he kind of agrees with Council Member Traylor about the land value, but added that he is in a different field. He explained that he can tell from experience, that what a piece of property appraises for is not what a piece of property is worth. A piece of property is worth what a willing buyer is willing to pay, and a willing seller is willing to sell it for. He stated that he can get an appraisal on anyone’s house with three different appraisers and get three different values and they could vary on a residential between 20 and 60 thousand dollars. He added that on a commercial piece of property that could be even higher because it is only good for the person that is intending to use it. He stated that if it is intended for the medical field that is going to limit a lot of people’s use. He related that our commercial property in Jacksonville is not abounding $100 or $150 thousand dollars an acre, saying that it is more like $75 to $85 thousand an acre so that is why he was saying that if we got $295,000 and it was given to us that was a good deal because we do not have to maintain it, we get another business coming in and we will collect taxes on it. He stated that appraisals do not really concern him, it is what someone is willing to pay. Council Member Twitty stated that she appreciates what has been said, saying that she does not think that is the problem that Council Member Blevins has stated. She stated that the problem is not the appraisal, the problem is the question that was asked and was not told the truth. Council Member Dietz stated that he was explaining what an appraisal is and what value is. Mayor Johnson stated that just because he did not agree with the appraisal, did not mean he should not have brought it. Council Member Dietz concurred, saying that it should have been presented if there was an appraisal. 4 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Twitty stated that when the question was asked, was there an appraisal, the answer should have been yes, I don’t have it tonight but I will get it for you. She added that she believes that is what Council Member Blevins is saying. Council Member Dietz concurred. Council Member Blevins pointed out the he even asked the second time, saying that he would like to know who ordered the appraisal. He added that the City paid $2,000.00 for the appraisal, so if an appraisal did not matter, why did we even pay $2,000.00, why did we go this route. Council Member Dietz stated that he would guess that the City is audited and they have to know, like a bank, what their value and what their property is worth so they have it in the records. Council Member Blevins reverberated that it is only worth what somebody will pay for it, right? Council Member Traylor pointed out that the appraisal was requested in February, correct? City Attorney Friedman concurred, agreeing with Council Member Traylor that the question is who asked for the appraisal. Mayor Johnson stated that he believes Mr. Oakley did. City Attorney Friedman added, at your direction. She clarified that to Mayor Johnson that he had asked Public Works Director Jim Oakley to ask for an appraisal. Mayor Johnson stated I think he told me that, but okay we will say that. City Attorney Friedman stated just so we are clear, Public Works Director Jim Oakley requested the appraisal or you asked him to get the appraisal. Mayor Johnson stated that Public Works Director Jim Oakley had told him that the City normally gets appraisals and so he ordered it and I said okay. He added I guess it is at my direction. Council Member Blevins stated again why didn’t we use it. Mayor Johnson stated I told you because I don’t like it doesn’t mean I shouldn’t have brought it and I am taking responsibility. He added that he is sorry. Council Member Rains stated that respectfully, just because you don’t like something, doesn’t mean that it is not there. Mayor Johnson said I admitted that and I am sorry. 5 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Rains stated at this point, it is where do we go from here. She related that personally she has a big issue of transparency and trust in government overall. She added that she believes we should all hold ourselves to a higher standard than what was shown and displayed at the last meeting. Mayor Johnson responded duly noted. Council Member Rains stated that moving from that, just because something is sold for a certain value, doesn’t mean that’s not worth what it is. She related that after the Civil War, we sold hundreds and hundreds of acres of woodlands and completely clear cut it for pennies on the acre and it was worth way more than that. That sent our entire State into a recession and we could have gotten more overall, if we would have actually valued ourselves higher. She stated that the money doesn’t matter, its just a number, but we can value ourselves higher, we can potentially get businesses that see the value that we have and go into a sale transaction. But, for us to simply lower the bar and just say it’s because I didn’t like that number, that is not okay with me. Mayor Johnson stated I totally agree, and I have told you I apologize, I can only say it so many times. I should have brought it, should have given it to you and I didn’t and I apologize. Council Member Bolden pointed out, saying that first of all I have been told that this agreement, that fact that we did not know there was an appraisal done, I want to bring clarity to that, which you have already addressed. Secondly, we have to understand that even though the Mayor has done this again, I disagree totally because he should have told us, now we need to deal with the fact of the land being sold. He stated that the land has to be sold so that we do not have to worry about it, so are we going to discount this sale because of this incident. What are we going to do is the bottom line? Because if we rescind on this, let’s remember we are dealing with businesses, so if you rescind that gives us a black eye. Council Member Blevins stated that a better black eye would be us loosing $200,000 of money that could go to an already monetarily strapped city. Council Member Bolden stated that when you own property, you understand about selling property, I just want to make sure I am clear on that. When you own property, especially commercial property, you understand about selling property. That’s property I’d love to sell, I can’t sell it for the price that it is worth, so you have to take an undercut. Again, the seller versus the buyer. So, we are in a situation now where we can either sell it, have this money that we are getting come to our City, or we can rescind it, reverse everything. Council Member Traylor confirmed that both lots are currently vacant, asking when did the Hospital Board get possession of the lots? Mayor Johnson stated that he believed it was in the 60’s. 6 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Traylor then asked when did the City take them over from the Hospital Board? Mayor Johnson answered last year. Council Member Traylor deducted that the Hospital Board had those properties available for sale for anyone in the medical field to purchase since the 1960’s and they are still vacant. Mayor Johnson stated that approximately 20 something years ago Horizons bought the other lot on the corner where the eye clinic is. North Pulaski Women’s Clinic bought it approximately 25 years ago. Council Member Traylor stated that his thinking is that if we have the opportunity for someone to build on it, then we should sell it at a price that they are willing to pay. And, if that is $290,000 then it is $290,000. He stated I can have something that is appraised at a million dollars, but if no one wants it, it’s not worth a million dollars. Mayor Johnson stated correct, and I have admitted that I erred and I am sorry and I will not do it again. Council Member Bolden addressed Council Member Twitty, saying that the major thing for the City Council is that we would like more surety before we make a decision so we know that it is factual and we will know that you haven’t forgotten. Mayor Johnson stated that he will never forget this day. Council Member Traylor stated that it does go back to a lot of the approving things on… this was a Resolution so it only had one reading. Council Member Dietz stated that he believes we have a City Attorney and he believes she should have access to know these things all the time. He stated I am in the real estate field and I can sell it and I can list, but I am only one part of a transaction; there is a title company that has an attorney on staff and that attorney approves everything. Council Member Traylor agreed. Council Member Dietz continued saying that City Attorney Friedman is our protection and we need everything to run through her. He stated that he would feel comfortable if it goes through her, that it will be handled professionally, and he really thinks the City Council needs to be involved too, saying that’s our job. Council Member Blevins addressed the commercial purchase letter of intent, saying that when the story was told to start off, again the Mayor said the land was $330,000 and that we had an offer of $290,000. He stated that the 7 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Mayor has already been speaking with Mr. Brooks and Mr. Bough and I believe that this $290,000 price was offered due to the fact that they were told that the land was worth $330,000. He stated that he feels the $290,000 would not have been the number if they were told that the appraisal was $475,000; adding that he believes the number would have been higher. Council Member Dietz related respectfully, in the commercial world, if it is $500,000; I’ll get $300,000 or $220,000 offers. He stated that right now the commercial market is down, adding that it is only worth what someone is willing to pay. He added that money in the bank is worth more than sitting and paying taxes. He explained that some of the properties that we are sitting on in Jacksonville that we are marketing now, these sellers are paying three to four thousand dollars annually in taxes for vacant buildings. Council Member Bolden related to Council Member Blevins that he understands what he is saying about the $294,000 that we are accepting and that they might have given more if more was valued. He stated that if we rescind on this, the land will sit another 20 years because word will spread that they made a deal with us and we backed out. Council Member Twitty pointed out that we did not have all the information when we made the deal. Council Member Bolden agreed, saying that has been brought forward and we understand that, but now we are dealing with the outsiders looking in. He continued saying he is totally wrong in what he did, and he agrees on that, but where do we go from here. He stated that if City Council wants to vote to rescind then we can rescind it, that’s no problem if that is what the Council wants to do, but I am a no vote. He stated that his reason is because it is a business transaction. Council Member Dietz stated that if you have something that is given to you and your going to keep paying on it, and your going to sell when you get the best offer you can get; which is who knows when, are you going to take the cash and put it in your coffers and start building interest and have that money to back up to do something else? He related that he hates to say it but most of the people he deals with, if they need to sell, are going to take the money and put it in their coffers and move on. Council Member Blevins exclaimed, oh my God, oh my God. Council Member Dietz stated that this is the real world out here in real estate. Council Member Blevins stated no, the real world is you knew about the appraisal beforehand. Council Member Dietz stated that he did not know about the appraisal. 8 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Blevins stated you knew about the appraisal before the meeting, that’s why you knew about that price. Council Member Dietz responded, no sir. I did not know about the appraisal. Council Member Bolden stated that no one knew about the appraisal, Brian, you need to stop tripping. He added that we did not find out about it until it was brought to our attention. Council Member Blevins stated that there were many people who knew about the appraisal. Council Member Dietz questioned who knew. Mayor Johnson stated that him and Public Works Director Jim Oakley are the only two. Council Member Bolden and Dietz reiterated that they did not know anything about it. Mayor Johnson stated that is the only ones I know that knew it. Council Member Dietz stated I am with you Brian about not knowing about it and being honest, but as far as holding onto the property and trying to sell it, I couldn’t do that because I know the market too well in Jacksonville and everywhere. He then stated that they would love to get $400,000 on that piece on North James that has been for sale for 10 years, consisting of 2 acres and a building. He stated that if you want to give them $250,000, they will take it, it is a better piece of property without restrictions. He stated that the value is what someone is willing to pay. Council Member Twitty stated that she is sitting in a totally different seat than most of the Council because two and a half years ago, she was drug through the paper for 8 months for something she did not do; adding that she knows Mayor Johnson is tired of hearing about it. I do believe that Council Member Smith said she took full responsibility, she apologized. This still bothers me to this day. Mayor Johnson stated I understand. Council Member Twitty responded, no, you don’t. She stated that you are sitting here saying I’ve said I’m sorry, what else can I do? She related that she does not know what the answer is but we have had Council Members sit up here and not tell the truth about people and you know what I am talking about. Mayor Johnson replied you have discussed it with me, yes. Council Member Twitty questioned, so what are we saying, we can all do wrong and just say I’m sorry, is that the answer? 9 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Mayor Johnson stated that the question is to never do it again. Council Member Rains injected, but what good is your word at this point, respectfully? Mayor Johnson again answered, I understand. Council Member Twitty questioned, who gets the deeds to the land that are given to us? Where is the deed to land by Wendy’s? She explained because when I was accused of being better than everyone else for having my sign there, when I got permission to put a sign on the land I learned it was supposedly given to us by the Wilsons, then I was being ridiculed along with my husband on Social Media. She stated that she had asked permission from the person who had always owned the land and was told that it was given to the City. So, I called the City Clerk and there is nothing on it, so I didn’t believe it and I left my sign there. I was called all kinds of names for doing that. I have said it a thousand times in this room, I am a huge volunteer in this town, I am a big supporter of Jacksonville, young or old – it doesn’t matter to me. But when I have to defend my name and my character over something that is not my fault, I have a problem with that. I don’t know where the deeds are, I don’t know what the deal was on that, but I’d like to see it. Mayor Johnson asked City Attorney Friedman if the deeds are with the County? Council Member Twitty stated if someone gives the City land do we not have paperwork. Mayor Johnson stated that it was filed at the Courthouse. Council Member Twitty questioned so we don't have copies of what we made on that land here. Council Member Dietz stated that we should have, somebody should have copies. City Clerk Davitt stated that all of that should be on file in her office in the deed cabinet, I can only file what is given to me. Council Member Dietz stated that he would believe that everything the City owns should be on file in one cabinet, in a place where it is available for everybody to view. City Clerk Davitt stated that they are locked in the fireproof vault. Mayor Johnson stated that City Attorney Friedman filed the paperwork. City Attorney Friedman corrected that Mike Wilson filed the paperwork. Mayor Johnson said Mike Wilson filed it, so I do not know where it is. 10 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Smith directly questioned Mayor Johnson asking if he knows where the deeds are to the property and he answered that he does not. He went on to answer that if you look on Pagis it is listed as the City of Jacksonville, which means that the deed has been filed at the County Court House. He added that he does not know where the physical deeds are. City Attorney Friedman stated that the City could request a certified copy. City Clerk Davitt stated that the original is supposed to be on file with the City and the County keeps a certified copy. Council Member Dietz concurred, that the County keeps the certified once it is recorded and they send the original deed back to the City. He stated that it needs to be in a secure place. Council Member Rains stated that we were just told that it is not in a secure place if he doesn’t know where it is at. If it’s not in City Clerk Davitt’s office, where is it? Council Member Twitty added, where it is supposed to be; so, when we have questions, we can ask and she can tell us. But, if she doesn’t get it then she can’t tell us if she doesn’t have it. She related I left my sign there because there was no copy and she knew nothing about it. City Clerk Davitt stated that it is not just deeds, it is easements, rights- of-way, and all contracts that should be on file in her office. Mayor Johnson stated that he never had the deed to give to City Clerk Davitt. City Attorney Friedman stated that she looked it up on line and it looks like the deed was filed in August 2020. Council Member Dietz answered Council Member Rains that Mike Wilson prepared the document and filed it with the Court house, the Court house records it and should send us back the deed. He added that it should be in City Clerk Davitt’s office in a secure place. Council Member Rains stated yes this just opened up a whole can of worms. Council Member Traylor asked if we are talking about something Council Member Blevins wants to repeal or are we talking about a whole other can of worms that he knows nothing about? Mayor Johnson stated that we need to stay on task. Council Member Bolden called for a question to the motion. 11 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Mayor Johnson stated that the question before the Council is to rescind the Resolution to enter into a purchase agreement, stating that he has not signed or entered into yet. He stated that a yes vote means we rescind and a Nay vote means we do not rescind. Council Member Twitty questioned Council Member Blevins if you are wanting it rescinded, what are you wanting to happen after that? Council Member Blevins stated that he would want to know if the $290,000 offer was made before or after they heard that it was worth $330,000. He stated that he believes if we go back to them and let them know the land is actually worth this much, are you still interested and then we renegotiate. Mayor Johnson stated that he does not believe he told them how much it appraised for. He returned to the question to the motion saying that to rescind pulls the deal off the table. Council Member Twitty added and to revisit it. Mayor Johnson responded, if they are willing to. Council Member Rains stated that she is clear on the vote but there is too much unknown to be voting. She then answered that we, as a Council, represent the citizens and are supposed to help the Mayor operate the City the way the citizens would like and we don’t have clear transparency. We don’t have all the information that we need and I also don’t have trust in the words now. She continued saying that you can say literally anything and it not be true at this point, adding again, respectfully, your words mean nothing. Where is paper, I don’t have anything in front of me. I don’t have the appraisal or a copy of the deed. Council Member Traylor addressed Council Member Rains saying that he understands, adding that is where we as a Council moving forward are going to have to be more diligent. If we ask a question and we don’t have an answer that we feel in writing satisfies our needs, we don’t approve it. He stated it is not just the Mayor, I’ve had problems in the past with other people on having trust issues because you feel like you can trust what is being said, but everybody, when they are telling a story, paints it in their favor. He stated that if you can find a person when they are telling a story and they are wanting you to do something, they are going to paint it in their favor to get what they want. He added it is not to say that you are not necessarily telling something that is not true, but you are still going to make it go in your favor. And, right now, I am at the same position you are. I have trust issues and going forward I am still going to have trust issues and I will want to see it. But, right now, I am satisfied with where we are right now on this. 12 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Bolden added that one thing that Council Member Dietz said that was very important is that we want our attorney to see any transaction that we go through, even if we are selling a roll of toilet paper. We would like for the attorney to check the price of the toilet paper and how many sheets on it before we make a decision. And that way when something is presented, we can ask City Attorney Friedman if she has looked at it and what her opinion is. City Attorney Friedman stated that she would like to see contracts. Council Member Bolden stated that from this day forward that is the way this will roll. We need to keep our attorney in the loop. City Attorney Friedman stated that it is hard for her to do her job when she does not have all the facts. Council Member Bolden assured her that she would have all the facts from this day forward. Council Member Twitty stated that it is hard for all of us to do our jobs when we don’t have all the facts. Council Member Rains stated that it is one thing to paint something in a certain light, it is a whole other thing to lie. Council Member Traylor agreed. Council Member Blevins addressed Council Member Traylor saying there is a big difference between your buddy telling you a story to get a good deal or flea market guy trying to tell you a crazy story to get a better value than someone who took an oath to the City, just like all of us took to represent these individuals of this City. Council Member Traylor stated that he is not disagreeing. Council Member Rains asked City Attorney Friedman if she had any knowledge of this appraisal before this incident. City Attorney Friedman answered no and Mayor Johnson stated no she did not. Council Member Rains asked her if she had any red flags as such was discussed by Council Member Blevins? City Attorney Friedman stated that she got the letter of intent when she was writing the Resolution for Council to approve; adding that she was not involved in the transaction or the discussion for the sale of the property or the price of the property. She stated that she got that information a few days before Council did, so that raised some flags for her. 13 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Rains stated that her issue with this is that we are asking a lot of you and you didn’t have this information. You were not given adequate time to be able to get the whole picture and so we need to talk about that too. What do we need to do to make your job attainable? City Attorney Friedman stated that having the documentation that is necessary would be helpful, being able to see contracts before they are signed and sent out would be helpful, being in the loop when things are negotiated so I can have input in terms that are agreed upon before it gets to Council. When we come in on the back end after things have already been negotiated or signed, executed, mailed off; it’s a little late at that point. Council Member Twitty asked if her experience has always been like this? City Attorney Friedman stated that to be honest, she has not seen a lot of the contracts, adding that there are probably some that she does not even know about. She then related that there are some that she found out about through another Director, that had been signed and executed essentially without my knowledge, so I don’t even know what I don’t know. Council Member Twitty stated that needs to stop, everything needs to go through you. Council Member Rains stated that honestly, she is appalled that you are going through so much and not given this information. You have a lot of responsibility on your shoulders, as our City Attorney, and we should respect you. And, we should be giving you this information regardless if we agree or not, and for me to find out now in this emergency meeting that you haven’t seen other contracts. Council Member Bolden again called for a question to the motion. Mayor Johnson stated that we are chasing rabbits, we are not talking about the issue at hand. City Attorney Friedman sees almost every contract I sign before I sign it. City Attorney Friedman responded no, Bob. Before we start speaking more mistruths to the Council, let’s be honest, there is one that I haven’t seen. The option to lease, I still have not seen that, it took me two weeks to get a response from you about who maintains the property, but I still have not seen the contract. Mayor Johnson stated that he thought she was emailed it. City Attorney Friedman responded absolutely not. There were issues with that last year and it renews yearly and I told you that we needed to modify that before you sign it and I didn’t even know that it was signed and sent off until Parks and Recreation Director Kevin House asked me who needs to maintain that property. And, I told him that the option to lease was up so we can renegotiate that. 14 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Mayor Johnson stated you will have that option tomorrow. City Clerk Davitt stated that she was asked to sign deeds this morning so she contacted City Attorney Friedman to see if they were ready for signatures and was told the proposal still needs to go before Council. City Attorney Friedman stated those are the deeds from August, they need to be approved by Council especially given the current situation. City Clerk Davitt stated that she was sent a digital contract without signatures but is unaware if it has been executed. In response to a question from City Attorney Friedman, City Clerk Davitt stated that it was a contract for employment for Theresa Watson. Council Member Twitty questioned if she had retired? City Clerk Davitt stated that she did, but we have hired her back as a consultant. Mayor Johnson stated that we haven’t yet. City Attorney Friedman stated that she is working unpaid right now. Mayor Johnson stated that the Council would have to approve her contract if there is one. City Attorney Friedman stated that she was told that she has been working st since March 1. Mayor Johnson restated that she is not under contract. Council Member Rains stated that she is not under contract, but from what I am hearing, she is still doing business on behalf of the City, which means she is working. Mayor Johnson stated that they are negotiating a contract. Council Member Blevins stated that you do not negotiate and still have them do the job and not get paid for two months. He stated that after this he would like to make a motion to go into executive session. Council Member Bolden pointed out you are not even here. Mayor Johnson also stated you are not here and we cannot go into executive session. 15 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Blevins stated that we should be able to go into executive session, adding that he had known that was an option, I would have been down there. Mayor Johnson stated that he doesn’t think that was on the agenda. Council Member Rains moved, seconded by Council Member Blevins to suspend the rules citing there is no agenda. Mayor Johnson stated I don’t know what we are doing. Council Member Rains stated either we are going into recess and letting Council Members Blevins, Mashburn, and Smith to get here; because we have a lot of things that need to be discussed as a Council. Mayor Johnson asked can we not discuss them at the next Council meeting? Council Member Rains stated that she would much rather not, we are already dealing with other stuff as it is. rd Council Member Bolden called for a question to the motion for the 3 time. Council Member Traylor stated that he would like to vote on it first and then he would have a question for City Attorney Friedman. Council Member Rains stated that there is a motion on the floor to suspend the rules. th Council Member Bolden called for a question to the motion for the 4 time. Council Member Rains called for a point of order. Mayor Johnson stated that we had a motion to rescind and a second. Council Member Rains stated that she had a motion to suspend the rules so that we can go into executive session because it is not on the agenda that we did not get. Mayor Johnson addressed City Attorney Friedman saying that we have already had the call for a question to the motion, is that what we do first. City Attorney Friedman stated that we vote for the call and then address Council Member Rains. ROLL CALL regarding the call for a question to the Motion: Council Members voted Blevins, Twitty, Smith AYE. Council Members Dietz, Bolden, Sansing, Mashburn, Traylor, voted NAY. Council Member Rains abstained. MOTION FAILED. 16 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Discussion ensued and everyone expressed that they thought the roll call vote was for the MOTION to rescind Resolution 805. Mayor Johnson stated that the next vote AYE vote is to rescind the Resolution and a NAY vote is to keep the Resolution as previously passed by City Council. ROLL CALL on the vote to rescind Resolution 805: Council Members voted Blevins, Twitty, Smith AYE. Council Members Dietz, Bolden, Sansing, Mashburn, Traylor, voted NAY. Council Member Rains abstained. MOTION FAILED. Council Member Traylor questioned if what Council Member Rains wants to be discussed can be done in executive session. City Attorney Friedman stated if what she wants to talk about is the same, then it can be discussed in executive session, if you announce the topic prior to going into executive session, that covers the requirement of FOIA. Council Member Rains announced that she was not the one that formally asked to go into executive session. Council Member Bolden related that he was the one that made the motion to enter into executive session. Council Member Rains stated that she made the motion to suspend the rules. City Attorney Friedman asked Council Member Blevins to announce the topic. Council Member Blevins stated that it is an H.R. issue. Council Member Smith asked if they could Zoom in executive session? City Attorney Friedman stated that because we are in a State of Emergency, the FOIA laws have been lax for public meetings, such as, we are currently Zooming, so it can be done in executive session. Discussion ensued and it clarified by City Attorney Friedman that Council may go into executive session during any meeting without it being on the agenda. Council Member Rains thanked City Attorney Friedman for the clarification, saying that it had been disputed earlier which is why she made the motion to suspend the rules. Council Member Traylor questioned City Attorney Friedman if this is an H.R. issue, is that limited to paid hourly City employees? City Attorney Friedman stated no, it also includes public officials. 17 CITY OF JACKSONVILLE EMERGENCY CITY COUNCIL MEETING APRIL 28, 2021 6:00 P.M. – 6:57 P.M. Council Member Traylor clarified that it would be limited to a current employee of the City, which would be an H.R. issue, and City Attorney Friedman concurred. Council Member Blevins stated that if that is the case, he is not sure how that would work. Mayor Johnson stated that it has to be a personnel issue. City Attorney Friedman clarified that it could also be for a potential employee if the Council were discussing hiring someone but, it needs to remain a personnel issue. Mayor Johnson took City Council into executive session asking IT to stop the live streaming and the recording at approximately 6:58 p.m. *Due to difficulties in executive session regarding the ability to include non-present members without ending Zoom to other listeners, executive session was ended without returning to the called emergency City Council meeting. APPOINTMENTS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:57 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 18