[6) ORDINANCE 53-2020-21 (First Reading) Amending the FY21 Operating and Capital Budget for the Governmental Funds for Freedom Point Remediation Mayor Pitts ]

FISCAL YEAR TWENTY ONE OPERATING AND CAPITAL BUDGET FOR THE GOVERNMENTAL FUNDS FOR FREEDOM POINT REMEDIATION.

LADIES AND GENTLEMEN, THIS ITEM HAS BEEN AROUND A LITTLE WHILE.

WE'RE MAKING SOME BADLY NEEDED REPAIRS TO THE FREEDOM POINT AREA OF OUR LIBERTY PARK AND THE MARINA AREA.

WE'LL BE ADDING SOME MONEY TO THE BUDGET IN ORDER TO COVER WHAT WE NEED TO MAKE THOSE REPAIRS. ARE THERE ANY.

WELL, I NEED A MOTION AND A SECOND FOR THAT.

MOVE THAT WE MAKE A MOTION TO ACCEPT.

THAT MOTION HAS BEEN MADE PROPERLY SECONDED FOR ORDINANCE FIFTY THREE.

NOW, DO I HAVE ANY QUESTIONS OR COMMENTS REGARDING ORDINANCE FIFTY THREE?

[00:05:01]

JUST A QUICK QUESTION. MAYOR, COUNCILMAN RICHMOND.

YES. COUNCILMAN RICHMOND, YOU'RE RECOGNIZED.

THANK YOU, MAYOR. WOULD THAT INCLUDE THE AUDIO SYSTEM UPGRADES.

MARINA. THERE'S BEEN SOME SETTLING AND SOME OTHER ISSUES REGARDING.

OH, OK, THANK YOU, MAYOR.

THANK YOU. THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS REGARDING ORDINANCE 53? HEARING NONE. SEEING NONE.

ARE YOU READY TO VOTE? MADAM CLERK, TAKE THE VOTE, MR. GARRETT. AYE. MR. RICHMOND.

AYE. MR. ERB. AYE.

MS. GUZMAN. YES.

MS. SMITH. YES, MR. HOLLEMAN. MR. ALLEN. AYE.

MR. HENLEY.

AYE. MS. STREETMAN. MR. NORRIS.

MR. BURKHART.

AYE. MAYOR PITTS.

12 YES. ORDINANCE FIFTY THREE IS ADOPTED.

FIRST READING. THANK YOU VERY MUCH.

[7) ORDINANCE 54-2020-21 (First Reading) Authorizing a contract for purchase of Roxy Regional Theater property Mayor Pitts ]

NEXT ORDINANCE IS ORDINANCE 54.

2020-21.

FIRST READING AUTHORIZING A CONTRACT FOR PURCHASE OF THE ROXY REGIONAL THEATER PROPERTY.

I WOULD NEED A MOTION AND A SECOND.

MOTION BEEN MADE AND PROPERLY SECONDED, LADIES AND GENTLEMEN, I'VE GOT AN AMENDMENT THAT WE'RE GOING TO PUT UP ON THE SCREEN, MS. WILSON. IT IS MAINLY AND I'M DISTRIBUTED IN THE COUNCIL CHAMBERS AND WE'RE GOING TO PUT IT ON THE SCREEN FOR THOSE JOINING US AT HOME.

WE'RE AMENDING THE FOURTH WHEREAS CLAUSE CHANGING THE WORDS ROXY REGIONAL THEATER TO PERFORMING ARTS CENTER SO THAT IT ADDS CLARITY AND PROVIDES CLARITY FOR WHAT WE'RE DOING, THAT WE ARE BUILDING A PERFORMING ARTS CENTER.

THE ROXY WILL CERTAINLY BE AN INTEGRAL PART OF THAT.

SO I WOULD NEED A MOTION FOR THIS AMENDMENT.

MOTION BEEN MADE AND PROPERLY SECONDED FOR THIS AMENDMENT.

ANY QUESTIONS ABOUT THE AMENDMENT AND WHAT WE'RE DOING HERE IN THIS WHEREAS CLAUSE? I HAVE, NOT IN THIS CLAUSE, MAYOR, BUT I HAVE A QUESTION ABOUT SOME OTHER PART OF IT.

OK, ALL RIGHT. SO THAT YOUR QUESTION IS NOT ON THE WHEREAS CLAUSE.

NO, NO SIR.

OK, THANK YOU. THANK YOU.

ALL RIGHT. ANY QUESTIONS ABOUT THE AMENDMENT? HEARING NONE AND SEEING NONE, ARE YOU READY TO VOTE? WE'RE VOTING ON THE AMENDMENT AS PRESENTED, MADAM CLERK.

TAKE THE VOTE. MR. GARRETT. AYE.

MR. RICHMOND. AYE.

MR. ERB. MS. GUZMAN. YES.

MS. SMITH. YES.

MR. HOLLEMAN. MR. ALLEN. AYE.

MR. HENLEY. AYE. MS. STREETMAN. AYE.

MR. NORRIS.

AYE. MR. BURKHART. AYE.

MAYOR PITTS. 12, YES.

AMENDMENT IS ADOPTED.

WE ARE NOW ON THE ORDINANCE AS AMENDED, I THINK COUNCIL LADY SMITH, YOU HAD A QUESTION.

YES. MAYOR, THANK YOU.

AFTER READING THE CONTRACT FOR SALE AND PURCHASE OF REAL ESTATE, I JUST WANT TO FOR CLARITY, WE ARE BUYING THE ROXY AS IS [INAUDIBLE].

IS THAT RIGHT? NO, WE'RE PURCHASING THE PROPERTY FOR EIGHT HUNDRED TEN THOUSAND DOLLARS, WHICH IS THE APPRAISED VALUE OF THE PROPERTY.

OH, EIGHT HUNDRED TEN THOUSAND DOLLARS.

SO Y'ALL BUYING IT AND THEN WE'RE GONNA ALLOW THE PEOPLE THAT ARE RUNNING IT RIGHT NOW TO TO RUN IT.

OPERATE IT.

YES, THE LEASE AGREEMENT THAT THE COUNCIL APPROVED LAST MEETING WOULD ALLOW THE ROXY REGIONAL THEATER, WHICH IS A NONPROFIT ORGANIZATION, TO OPERATE A THEATER IN THE BUILDING AS THEY HAVE FOR THE LAST THIRTY SEVEN YEARS.

YES, IT WOULD BE UP UNDER THE NEW NAME JUST AMENDED, IS THAT CORRECT? I'M SORRY, I DIDN'T UNDERSTAND THE QUESTION.

SO IT WOULD BE UNDER THE NEW NAME WE JUST MADE, WE HAVE AN AMENDMENT TO THIS.

WELL, WE'RE NOT REALLY NAMING THE BUILDING AT THIS POINT.

ALL WE'RE DOING IS PURCHASING THE PROPERTY.

WE'RE JUST CHANGING THE WHEREAS.

SO THAT REFLECTS THAT WE ARE CONTEMPLATING CONSTRUCTING A PERFORMING ARTS CENTER WHERE THE ROXY REGIONAL THEATER WILL BE AN INTEGRAL PART OF THAT ONCE IT'S COMPLETE.

OH, OK, SO WE BUILDING A NEW BUILDING IS THAT CORRECT? WE WILL EVENTUALLY GET TO A NEW BUILDING, WE GOT A LITTLE WAYS TO GO, BUT WE'LL GET THERE.

OK, THANK YOU.

THANK YOU, COUNCIL LADY SMITH, ANY OTHER QUESTIONS REGARDING THE ORDINANCE? YES, MAYOR. YES, COUNCILMAN ALLEN.

YES. ON THE CONTRACT THAT ATTACHED TO THIS.

YES, SIR.

AS I WAS READING THROUGH IT, I DON'T THINK I MISREAD IT, BUT UNDER THE CLOSING DATE AND LOCATION. 12.1.

[00:10:04]

OK, GO AHEAD. IT'S IT SEEMS THAT THE CLOSING SHALL BE HELD ON OR BEFORE JANUARY TWENTY NINE, 2020.. YES, SIR.

2021. OK, HANG ON, MR. BAKER'S GOT SOME CLARITY TO ADD.

MR. BAKER, PLEASE TURN YOUR MIC ON.

COUNCILOR ALLEN, I HAD MADE A CHANGE TO THAT DATE TO 2021, BUT EVIDENTLY I DIDN'T GET THE CORRECTED. WE WERE USING GOOGLE DOCUMENTS AND I THOUGHT IT JUST UPDATED AUTOMATICALLY.

SO I'M NOT SURE WHY IT SAYS 2020, BUT WE'LL.

IT DOES SAY 2020. WELL, I DID CHANGE IT, WHAT YOU WILL CALL THAT A SCRIBNER'S ERROR, AND WE'LL MAKE SURE THAT THAT THE CONTRACT THAT THE MAYOR SIGNS, IF APPROVED BY THE COUNCIL, HAS THE CORRECT YEAR ON IT.

THANK YOU FOR CATCHING THAT, COUNCILMAN ALLEN.

YES. OK, ANY OTHER QUESTIONS REGARDING THE AMENDED ORDINANCE? I HAVE A QUESTION.

YES, COUNCILMAN HENLEY, YOU'RE RECOGNIZED.

THIS IS GOING TO REQUIRE TWO READINGS ISN IT? YES, SIR. SO THE NEW COUNCIL WILL TAKE THIS, THE SECOND READING UP, OR MOST LIKELY THEY WILL, BUT, YOU KNOW, YOU NEVER KNOW WHEN YOU MIGHT GET.

[INAUDIBLE]. YOU MIGHT GET ANOTHER REQUEST FOR A SPECIAL CALLED SESSION TO GET A SECOND READING. WAS THERE IS THE APPRAISAL INCLUDED IN OUR PACKET OR.

THE VALUE IS INCREASING MUCH LIKE EVERY OTHER PROPERTY AROUND TOWN.

BUT I THINK BECAUSE THEY'VE MADE REPAIRS TO THE MARQUEE, THAT INCREASED THE VALUE OF THAT PROPERTY FROM THE LAST FROM THE FIRST APPRAISAL.

DO WE KNOW WHAT THEY STILL HAD DEBT WISE ON THE BUILDING.

IS THAT AVAILABLE? I CAN TELL YOU THAT I CAN'T GIVE YOU EXACT FIGURES BECAUSE I DON'T KNOW, BUT.

THEY HAVE TWO LANES ON THE PROPERTY THAT WILL EQUAL JUST ABOUT THIS, THIS NUMBER THAT WE'RE BUYING THE BUILDING FOR, I THINK THEY WILL THEY WILL BE MADE WHOLE.

PLUS, THEY MAY HAVE 30, 40 THOUSAND DOLLARS IN ADDITION ON TOP OF WHAT WE PURCHASED IT FOR. ALL RIGHT, IT JUST IT SEEMS A LITTLE RUSHED TO ME, ESPECIALLY WITH I'M ONLY GOING TO BE ON ONE VOTE OF IT AND THE PRICE SEEMS A LITTLE HIGH.

UNDERSTAND WHAT YOU'RE TRYING TO DO.

BUT FOR THOSE REASONS, I'LL PROBABLY I'LL PROBABLY VOTE NO ON THIS.

THANK YOU, MAYOR. THANK YOU, COUNCILMAN HENLEY.

ANY OTHER QUESTIONS REGARDING THIS MATTER? GO AHEAD. I'LL COME IN AFTER DAVID, MAYOR.

COUNCILMAN ALLEN, YOU'RE RECOGNIZED.

YES, I WAS READING ONE OF THOSE LIENS, IS THAT THE OWNERS OR THOSE THAT ARE MANAGEMENT, ONE PART OF IT.

WAS THAT PART OR ONE OF THE LIENS? ONE OF THE LIENS WERE THE FORMER OPERATORS.

RIGHT. OF THE PROPERTY, THEY WEREN'T OWNERS BECAUSE THE NONPROFIT ENTITY OWNS THE PROPERTY . RIGHT OPERATORS.

SO THEY [INAUDIBLE] THE MONEY, THEY [INAUDIBLE] THE ROXY SO MUCH MONEY TO KEEP GOING OR SOMETHING OR. THEY AGAIN, I DON'T QUESTION, MR. MCDONALD AND MR. THAYER.

YES, IT IS THAT ONE OF THE LIENS.

YES, THAT IS ONE OF THE LIENS.

OK, I JUST SEE I SAW IT IN HERE WHERE AND IT'S GOOD JUST TO MAKE SURE THAT WHATEVER THEY HAVE GOING ON THAT THEY HAVE TO TAKE CARE OF THAT PART OF IT.

YEAH, THEY'LL THIS WILL BE COMPLETELY SATISFIED ONCE WE GET THERE.

COUNCIL LADY SMITH AND THEN COUNCILMAN NORRIS, I'M SORRY.

DO YOU HAVE MORE QUESTIONS? OK, COUNCIL LADY SMITH AND THEN COUNCILMAN NORRIS.

THANK YOU, MAYOR. I'M JUST CONCERNED BECAUSE I REMEMBER WHEN WE WAS ON THIS THE FOR THAT MONEY THAT WAS DONATED TO THIS ROXY, WAS NOT USED FOR THE PURPOSE THAT IT WAS DONATED FOR. AND SO I'M WONDERING, IS THAT THE REASON FOR ONE OF THE LIENS, I DON'T KNOW, DID THEY BORROWED MONEY AGAINST THIS ROXY.

I THINK THE BUILDING DOES IS PLEDGED AS COLLATERAL FOR AN OPERATING LOAN OR SOME SORT OF LOAN WITH A FINANCIAL INSTITUTION.

I CAN'T GIVE YOU CHAPTER AND VERSE BECAUSE I'M NOT A PARTY TO THAT.

YES. BUT IT HAD NOTHING TO DO WITH THE MONEY THAT WAS RAISED AND USED BY THE PREVIOUS OPERATORS.

[00:15:01]

WELL, MAYOR, I JUST REMEMBER WHEN THE MONEY WAS USED FOR SOMETHING ELSE OTHER THAN WHAT IT WAS PURPOSE FOR.

SO I DON'T KNOW, DO WE HAVE TO HAVE THE SAME PEOPLE RUNNING AGAIN, THIS ONE.

AND NOW I DON'T KNOW IF THESE WERE THE SAME PEOPLE THAT WHEN MONEY WAS DONATED TO THEM, THE MONEY WAS TAKEN, AND USED FOR PERSONAL USE INSTEAD OF SORT OF THE THE BUILDING FOR THE OPERATION OF THE BUILDING.

AND THAT WAS IN THE PAPER.

THAT'S JUST NOT SOMETHING I'M SAYING.

THAT'S JUST THAT WAS [INAUDIBLE].

I MEAN, LOCALLY KNOWN.

THOSE TWO OPERATORS ARE NO LONGER AFFILIATED WITH THE ROXY.

ALL RIGHT. THANK YOU. COUNCILMAN NORRIS.

YOU'RE RECOGNIZED.

MR. MAYOR, I'D JUST LIKE TO DISCLOSE THAT I AM A NON-VOTING MEMBER OF THE ROXY BOARD.

I HAVE SEVERAL COMMENTS.

ONE. THIS MONEY WAS APPROVED IN THE BUDGET OF 2019, 2020, WAS IT NOT? YES SIR IT WAS.

TO PURCHASE THIS BUILDING. YEAH.

OK, SO THE HAS THE PRICE REALLY CHANGED THAT MUCH SINCE THE APPRAISAL A YEAR AND A HALF AGO? AND THE PRICE HAS ONLY INCREASED A LITTLE BECAUSE THEY DID THE RESTORATION OF THE MARQUEE. OK.

THE MANAGEMENT, THE ROXY THEATER IS RYAN BOWIE, WHO'S EXECUTIVE DIRECTOR AND THE BOARD IS CHAIRED BY STACY TURNER, A COMPLETELY DIFFERENT SET UP THAN IT WAS SEVERAL YEARS AGO WHEN THEY HAD SOME ISSUES. I HAVE SPENT SOME TIME LISTENING TO COMMENTS OF THE BOARD AND WORKING WITH THEM OVER THE PAST SEVERAL MONTHS.

AND I THINK THIS IS A REAL STEP FORWARD FOR THE CITY OF CLARKSVILLE TO ALLOW THEM TO LEASE THE THEATER AND KEEP DOING WHAT THEY'VE BEEN DOING.

I THINK IT'S JUST A REALLY GOOD PROJECT AND I HOPE THAT THE CITY COUNCIL WILL VOTE ON THAT. YES. THANK YOU, COUNCILMAN NORRIS.

ANY OTHER QUESTIONS ABOUT ORDINANCE 54, HEARING NONE, SEEING NONE, ARE YOU READY TO VOTE, MADAM CLERK, TAKE THE VOTE.

MR. GARRETT. AYE.

MR. RICHMOND. AYE.

MR. ERB.

AYE. MS. GUZMAN. YES.

MS. SMITH. YES.

MR. HOLLEMAN. AYE.

MR. ALLEN. AYE.

MR. HENLEY. I'M GOING TO ABSTAIN.

MS. STREETMAN. MR. NORRIS. MR. BURKHART.

AYE. MAYOR PITTS. AYE.

10 YES, TWO ABSTAIN.

ORDINANCE 54 IS ADOPTED FIRST READING.

THANK YOU VERY MUCH, LADIES AND GENTLEMEN.

[8) RESOLUTION 44-2020-21 Approving the City agreeing to forego seeking discretionary costs in exchange for no appeal in the Marquis v. City case Mayor Pitts ]

THE NEXT ITEM ON OUR AGENDA AND LAST ITEM IS RESOLUTION 44-2020-21, APPROVING THE CITY, AGREEING TO FORGO SEEKING DISCRETIONARY COST IN EXCHANGE FOR NO APPEAL IN THE MARQUIS V.

CITY CASE.

I WOULD NEED A MOTION AND A SECOND TO GET THAT BEFORE US.

MOTION. MOTIONS BEEN MADE AND PROPERLY SECONDED FOR RESOLUTION 44.

IT'S PRETTY STRAIGHTFORWARD.

LADIES AND GENTLEMEN, ANY QUESTIONS OR COMMENTS REGARDING RESOLUTION FORTY FOUR? CAN YOU EXPLAIN IT TO ME? YES, MA'AM, I CAN.

THE CITY PREVAILED IN A LAWSUIT, AS YOU SEE, AND AFTER SOME EXTRAORDINARY WORK BY OUR LEGAL TEAM, THE COUNSEL FOR THE PLAINTIFF HAS WE WOULD BE LET ME BACK UP A MINUTE.

WE WOULD BE ENTITLED TO SOME DISCRETIONARY COSTS FOR OUR PART OF THE LAWSUIT, THE PLAINTIFF OR THE ATTORNEY FOR THE PLAINTIFF, AS I ASK, AND PROPOSED THAT IF THE CITY WOULD FOREGO ASKING FOR DISCRETIONARY COSTS, THEN THEY THEY WOULD DROP THEIR OPPORTUNITY TO APPEAL THE JUDGE'S VERDICT.

MR. BAKER, DID I GET THAT RIGHT? OK, THAT'S THAT'S THE SUBSTANCE OF THE MATTER BEFORE US.

ANY QUESTIONS? COUNCIL LADY SMITH.

NO, SIR. THANK YOU. OK, THANK YOU.

ANYBODY ELSE HAVE A QUESTION OR COMMENT REGARDING RESOLUTION 44? ARE YOU READY TO VOTE? MADAM CLERK, TAKE THE VOTE.