The Jefferson Economic Development Corporation (JEDCO) held a shortened meeting Tuesday evening.
Because of an agenda posting error, they were not allowed to legally go in to Executive Session. The error was pointed out to them at the beginning of last month’s meeting, yet the correction did not get made.
The error had to do with them citing the wrong section of Texas Government Code. They cited Section 551.086 instead of 551.087. Section 551.086 applies to Power Companies whereas 551.087 is for Economic Development.
JEDCO had planned to go into Executive Session to discuss the “Potential Acquisition of Property” for new business opportunities. Former Mayor Bubba Haggard was appointed to head a committee last month to research and identify property for JEDCO to potentially acquire.
According to JEDCO President Doug Thompson, they were set to discuss both the possible acquisition of struck off the tax roll property as well as possibly purchasing other property.
According to the Open Meetings Act, the discussion of Real Property can only be discussed in executive session if “deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.”
As such, only the privately held property could have been discussed in executive session. Haggard left before the meeting started once it was determined an executive session could not be held.
JEDCO was then questioned by Jimplecute about not posting notice of a workshop on the Comprehensive Strategic Planning Project JEDCO held on March 30.
According to third party reports, only three members of JEDCO were present at the workshop.
Robin Moore, JEDCO secretary, updated the entire JEDCO board during Tuesday’s meeting about the workshop.
She indicated a list of names was created of individuals who might be interested in being on the Strategic Planning committee. Moore also indicated she has begun the process of contacting the individuals to verify their interest.
Under the Open Meetings Act, section 551.143, “prohibits the discussion about an item of public business among a quorum of a governmental body through a series of communications. [It] provides that it is a criminal offense for am ember of a governmental body to knowingly engage ‘in at least one communication among a series of communications that each occur outside of a meeting and that concern an issue within the jurisdiction of the governmental body in which members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of the members.’ “
The Jimplecute contends that both the lack of posting of the notice about the workshop, as well as the update provided to the remainder of JEDCO are two violations of the Open Meetings Act.
The Jimplecute brought up the lack of posting during the Public Comment portion of the meeting and brought up a Freedom of Information Act request JEDCO had not responded to.
The FOIA request was made, in writing, following the March JEDCO meeting, and was for any samples, discussions, examples, or contracts pertaining to the Comprehensive Strategic Planning Project with Texas A&M.
“We don’t have any,” said Moore.
“You still have to respond within 10 days,” said Hugh Lewis for the Jimplecute. “and it’s supposed to be in writing.”
When you do workshops, please post notice on those,” said Lewis. “It is a requirement of the Open Meetings Act. you’re discussing business.
“Well Bob Avery seemed to think we didn’t’ need to post workshops,” said Moore.
“Its in the Handbook, and in the guidebook” said Lewis.
“We’re so happy we have you to keep us in line,” said Moore.
“Just asking you to comply,” said Lewis.
Avery resigned from the JEDCO board in January for health reasons, but reached out to the Jimplecute to respond.
“It’s bullshit,” said Avery. “And I was on that board for six years, so if I was doing it wrong why wait until now to bring it up.”
According to notices on the City’s website, JEDCO, under Avery’s leadership as president, posted notices of workshops on a regular basis.
After the meeting, Moore provided the Jimplecute with a handwritten response, initially undated, stating “There are no current contracts for strategic planning.” Moore did date the note upon request.
In other business, JEDCO president Doug Thompson, asked members if they had all gotten their city email address setup and operating for official JEDCO business. All but one had and Thompson indicated he would get the contact information for technical support to the member.
JEDCO also discussed NORBORD’s annual compliance with their contract with JEDCO. Under it, NORBORD is required to maintain certain levels of employment, and in exchange receive a $50,000 payment from JEDCO. NORBORD had provided the required information, and noted that their change in ownership, does not affect the current contract at this time. Thompson indicated he would issue the payment to NORBORD on Wednesday.
The presence of an attorney for deliberations and at JEDCO meetings was discussed but was tabled while Thompson discussed the matter with JEDCO attorney Pinky Palmer.
Thompson indicated he would update the board at the next meeting and possibly invite Palmer to the July meeting to meet new JEDCO members.
The USDA had made a request to JEDCO for audit information to ensure any loans provided by JEDCO which used USDA grant funds, was current and in compliance.
Richard Penner, owner of the Knightlight Tavern, has the only outstanding loan meeting the criteria.
Thompson, who also serves as JEDCO treasurer, said Penner is current and in compliance and would provide JEDCO VP Raymond Sanders, who is handling the response, with the necessary information. Sanders had requested and received a 30-day extension from USDA to respond.
JEDCO decided to formally skip the May 2021 meeting due to City Elections and upcoming appointments as a result. They did note they would hold a special meeting if needed.