Loading...
CC12-15-17Min_SMLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida SPECIAL MEETING MINUTES December 15, 2017 3:00 P.M. Present: Mayor Ben Paris Deputy Mayor Richard Drummond Commissioner Abby Shoemaker Commissioner Matt Morgan Commissioner Brian D. Sackett Dan Langley, City Attorney Jon C. Williams, City Manager Michelle Longo, City Clerk 1. CALL TO ORDER. Mayor Paris called the meeting to order at 3:00 p.m. 2. DISCUSSION AND POTENTIAL DECISION ON CITY MANAGER EMPLOYMENT AND AGREEMENTS RELATING THERETO. Mayor Paris stated that we have just come through a very contentious election cycle, and in the City of Longwood, like every other small city, there are rumors of wars and everything else you can think of that keeps coming up, as well as conjecture. He said much like many of the historic buildings in the City, come from outside the City. He would like to take this time at this Special Meeting to take care of everything and put it to rest once and for all. He said he would like to start off by saying that he does not want to see Jon Williams go, as City Manager. He will not make the motion but will entertain a motion for a vote of confidence in Jon Williams, the City Manager. He will be the first to second that motion if a motion should occur. Commissioner Morgan said, emphatically, yes. Commissioner Sackett said they are not going to make a motion that we continue with the services of Jon Williams throughout his continuing contract until the day comes down the road that we feel that Jon has more opportunities somewhere else, but he has full confidence in what Jon CC 12-15-17/1 Williams is doing as a City Manager. He said over the past three City Managers, he is the best one that we have had. Commissioner Sackett made a motion to continue with Mr. Williams's contract and stated in the integrity of the program, the 65 developments he is in charge of and overseeing, he definitely makes a motion to continue Mr. Williams's contract. Seconded by Mayor Paris. Mr. Langley said for a vote of confidence, the Commission may have a discussion. Commissioner Sackett said the volume of phone calls that have come in overnight in support of Mr. Williams and his understanding of one-on-one meetings from being the Mayor and Deputy Mayor of this City, we can have no one better in place at this time. Commissioner Morgan said he believes that is what we are doing with this vote of confidence. Mayor Paris said his time working with Mr. Williams has been exemplary, and his work with the City of Longwood has been great, and he thinks it is appropriate now that we call the roll. Motion carried by a unanimous roll call vote. Mayor Paris said we have before us a discussion and potential decision for a separation agreement. He said everybody received it and had a chance to look at it. He said if it should come to this, and we decide to make a separation or anything, he would like to get this first approved for our City Manager so any decisions he makes and decides, this is already in place. He said he read it and wholeheartedly supports it, and he will entertain a motion. He said before he entertains a motion to approve this, he would like to allow some public participation. Deputy Mayor Drummond asked for some clarification. Mr. Langley said on one hand you have a vote of confidence, but then we are talking about a separation agreement. He said the Mayor may want to expand on that a little more. Mayor Paris said he is simply saying we have a separation agreement here, and he agrees with it, but he wanted to allow the public to speak. He said he has two forms. Commissioner Morgan said what we are saying is that we just gave Mr. Williams our vote of confidence that we want him to stay. But if he wants to leave, this is on Jon. CC 12-15-17/2 Mayor Paris replied that is correct. Commissioner Sackett said he does not see any need for this because we can always draft this up down the road when something would happen. He said therefore, a vote of confidence would make this whole thing moot. Mr. Langley said it depends on what the Mayor is trying to accomplish. He said if the Mayor is trying to provide for a potential amendment to the existing employment agreement to allow the option of the City Manager to trigger this separation agreement, then that may be a different issue. He said I think that is what he is talking about versus if he is trying to approve this so it goes into effect right away, and there is a separation in the near future. He said you might want to explain a little more about that. Mayor Paris said we have a vote of confidence, and he wants to put this in place because there has been a lot of rumors and discussions and conjecture on this, and he wants to put this in place. He said should Mr. Williams not choose to stay with the City of Longwood, he would like to give him the opportunity to have this in place now before he makes any discussion. Commissioner Shoemaker asked if we should allow Mr. Williams to weigh in on whether he wants us to do this or not. Mr. Williams said he thinks a bell has been rung over the last thirty days and it has become pretty clear and evident to me, the majority of the Commission has a different direction, and they are looking for a new leader to take them in that direction. He said based upon the discussions I have had over the last thirty days that resulted in the separation agreement and professional services agreement. He said therefore, I respectfully request the Commission to continue with the agreement at hand as presented. Commissioner Shoemaker said she spoke with Mr. Langley regarding the separation agreement and some concerns she has. She said there are areas of the separation agreement where the monies are higher than any City Manager would receive upon exiting a contract, and she is not sure we should pay more than we have to because we have to watch our pennies. She said it is going to cost us a lot in more ways than one by losing Mr. Williams, like morale and turnover. She would like the other Commissioners input, and have they noticed he will be paid more than any other City Manager who has left. Mayor Paris stated the reason this is a bit different than any other exit contract is if this would execute it, we would like to have Mr. Williams stay on a Professional Service Agreement for three months after January 31 sc to help out with the follow-up transition. He said this is why this is CC 12-15-17/3 different, this is not a negative situation. He said it should be the very best we could possibly do to make sure both sides can come out of this as good as possible. He said that is why this agreement involves a separation with a 90 day Professional Service Agreement and everything else involved with it. Commissioner Sackett said if I was being asked to resign, I don't think I would give three months of service to anyone. He said I have been through Shelton Smith, John Drago, Katrina Powell and Jon Williams. He said I know what is required by our Charter regarding what we need to do. He said I would expect to ask that this is $140,000 Separation Agreement, and for a man doing the job he is doing, and I understand the tenor of what he says, I also understand our Charter. He said we are supposed to evaluate our three employees. Our three employees are the City Clerk, City Attorney, and the City Manager. We have not given Mr. Williams feedback, but before this budget started October 1st, he didn't know if he was doing a good job or not. He said I feel he was doing the job. He asked where are we going to get this $140,000 from, are we going into reserves. He does not accept it. He said to Mr. Williams, stay on and continue with what you are doing. Mayor Paris open up Public Participation. Mr. John P. Wallace, 411 Valencia Court, Longwood, said he is a taxpaying citizen of this community. He is curious why previously we had no complaints, no adverse comments about our City Manager and now we have a new council and all of a sudden the City of Longwood is facing paying out $140,000 for a separation agreement to him. He said he would also like to know why in a City this size a Home Owners Association (HOA) can't even have a meeting and get rid of a member without sending out a three day written notice, and the City of Longwood thinks it is fair to its citizens to put this on the board or internet for 24 hours. He would also like to know why if he did such a flagrant violation, this couldn't have come up at a regular meeting three days from now unless there is another purpose behind this. He said he would like to hear an answer. Mayor Paris replied that we don't go back and forth from the dais but your statements are duly noted. Tom DeNeQre, 330 Ferdinand Drive, Longwood, said he is really confused at what just happened. He said you all are going to have to give me some feedback because I thought you just said it was okay for Mr. Williams to stay. Commissioner Morgan said we did, we absolutely just did. CC 12-15-17/4 Mayor Paris said we gave a vote of confidence for Mr. Williams for all the service he has done, is doing and for his continued work. He said we are going to be voting on this agreement if Mr. Williams should decide to exit. Mr. DeNeg_re said he has not decided definitely he is leaving, is that what I understand. Mayor Paris stated no decision has been made, this is all done in the sunshine. Mr. DeNegre said somebody mentioned when we first started off that this election was a little bit different. He said, guys, I got to tell you, I was in an election in 2008, and I thought it was ugly, but this one was not fun. He said it put a bad name on Longwood and I am ashamed we had to go through it on both parties sides. He said I have known Mr. Williams since he has been here, and I have to tell you, he is the best administrator we have had since I have been in Longwood. He said I was impressed with all of you up there that said we ought to keep him, and Mr. Williams, you need to stay for all of us. We appreciate you, and I hope you will. Mr. John C. Maing_ot said he wants each and every one of you to be successful, but the key to your success sits to my left in Mr. Williams. He said I have worked very closely with him for a number of years on many projects. He stated there are challenges we face and a number of projects we have ahead of us. He said I look at a new, fine addition of elected officials who need to be able to work with someone of experience, learn and understand how best we negotiate through some of these problems to be successful. He stated, not for the individual Commissioner, but for the people that you represent, the people of Longwood that have put you in those positions. I can think of no one else who has the credentials, the determination, the stamina, and the knowledge to bring you all to a successful fulfillment of the end of your first term of three years. He said there is a tremendous amount of accomplishments that have been brought to the fore over the last three years. He said millions of dollars of potential investment that is now hanging out there in space for potential investors to realize that we have a City Administration that no one else has in Seminole County, and I speak from experience. He said what we have to divest ourselves from is external interference by people who do not have your vested interests, nor the vested interests of our people of the City of Longwood at heart. He said we need to make a determination about ourselves going forth. As your commitment to Mr. Williams has been this afternoon, that you work as a team for the success of our City and the people that represent you. He wished them all success in their endeavors. Mayor Paris said he would now entertain a motion for approval of the Separation Agreement as it stands. CC 12-15-17/5 Commissioner Sackett made a motion to disregard and remove the Separation Agreement and continue with the services of our present City Manager. Motion died for lack of a second. Mayor Paris said he will again entertain a motion for approval of the Separation Agreement as it is written. Commissioner Morgan made the motion to approve the Separation Agreement and Exhibit A as presented. Seconded by Deputy Mayor Drummond. Commissioner Sackett said he is not letting up on this. He would like to know more of the questions of the whys, and where is this money coming from, and what do we lose, besides Mr. Williams's expertise, in some of the projects going on. He said we have 800 million dollars in 65 projects coming in. He said I am voting no on the separation agreement because I think he is the best person and I don't know of another reliable candidate to put in his place. Mayor Paris said duly noted and there has been no indication of Mr. Williams separating as it stands. He said we are merely putting this in place so Mr. Williams can make any informed decision he would like to make. He said as to where this money will come from, I am sure we will make it work within the budget, as we always do every year because we are a fiscally responsible City. Commissioner Sackett said this is not fiscally responsible. I would rather spend $140,000 on something else. Commissioner Morgan said we just gave Mr. Williams a vote of confidence to stay. He said we made it abundantly clear we want him to stay. He is the best man for this job, let me be very clear about that. He said this is on Mr. Williams to do what he wants to do with his future. I have had private conversations with Mr. Williams and this is what he wants. The goal is to work with Mr. Williams so this doesn't have to come into play. Commissioner Sackett responded, saying his answer would be he has gone through three City Managers, and we have never had something in place that this City Manager had in his back pocket to say okay, I'm going to enforce and use this right now. Mr. Langley said let me clarify that the motion is to approve the Separation Agreement and release with the attached Professional Services Agreement as presented. He. said as presented would have Mr. Williams resign his employment effective January 31, 2018 and receive the benefits of this agreement, and us receive the mutual CC 12-15-17/6 benefits of his professional services. He said that is the motion, so there would be an immediate impact. Mayor Paris stated we make a clarification with that being upon Mr. Williams's execution and decision of that. Commissioner Morgan said he would like to amend his motion and make clear that this is predicated upon Mr. Williams's decision and to execute this contract or not. Deputy Mayor Drummond asked Mr. Williams if he accepted the vote of confidence and want to stay, or do you want to go ahead and give your notice of resignation. Mr. Williams said perhaps if thirty days ago the vote of confidence would have taken place, and the number of conversations I have had individually with each one of you, subsequently being told that it was time to part ways that we would not have been at this juncture in the game. He said, therefore, for the health of not only myself, but my family, this organization in moving forward, it is my desire to see this separation agreement and the professional services agreement approved as is. Deputy Mayor Drummond's second stands. Mr. Langley said he wanted to make this all clear because there is a lot of confusion and make sure Deputy Mayor Drummond's motion to approve the separation agreement and release as presented, and a second from Commissioner Morgan. Mayor Paris stated it was the other way around. Motion carried by a four -to -one (4-1) roll call vote with Commissioner Sackett voting nay. Mr. Williams said he had no further comment. He appreciates all the support from not only our residents, but our staff, and certainly will be dedicated to the City to fulfill the terms of the separation agreement and professional services agreement and make this a smooth transition. 3. ADJOURN. Mayor Paris adjourned the meeting at 3:24 p.m. Ben P is, Mayor CC 12-15-17/7 ATTEST: is JCRM, City Clerk 1 CC 12-15-17/8