Cleveland City Manager Stacy Williams was terminated after just 2-months on the job.
A vote of 3-2 by the Cleveland City Council. Williams’ termination is effective immediately, and he was asked to surrender all keys and equipment belonging to the City.
Mayor Boyett claims the contract was voided because it was determined that it was in violation of the City’s Home Rule Charter, which states.
The City Manager shall not be appointed for a definite term, but may be removed at the will and pleasure of the City Council by a vote of the majority of the entire Council. The action of the City Council in suspending or removing the City Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the City Council.
After the vote was taken, Councilwoman Delores Terry raised an objection to the termination. She suggested that the council members were breaking protocol by appointing City Secretary Angela Smith as the interim city manager.
Terry was referring to backlash that she and the two other councilmembers received from Mayor Richard Boyett, Clay and Lee after Williams was offered the position of city manager in March despite the job not being posted and without reviewing applications or interviewing other candidates.
In a 3-2 vote in March, Terry, McWaters and Franklin approved a two-year contract with Williams that provided him with an annual salary of $140,000 and a $10,000 annual automobile allowance. The contract also included a clause that stated if Williams was terminated by the Council within the first six months without case, the City would have to provide him with a cash payment equal to one year of salary or the remainder of the agreement, whichever is the lesser amount.
THE CONTRACT WAS VOIDED.
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Invocation, Pledge, and Roll Calll
_Richard Boyett, Mayor _City Manager
_Carolyn McWaters, Position 1 _City Secretary
_Marilyn Clay, Position 2 _City Attorney
_James Franklin, Position 3, Mayor Pro-Tem
_Delores Terry, Position 4
_Danny Lee, Position 5
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Elections
1. Consideration and possible action regarding an ordinance of the City of Cleveland canvassing the returns and declaring the results of the General Election held on May 7, 2022. (Considere la posibilidad de una ordenanza de la ciudad de Cleveland sondeando las devoluciones y declarar los resultados de las elecciones generales celebradas el 7 de mayo 2022 y ordenando una elección de segunda vuelta para el 18 de junio de 2022 para posición 4 y 5.)
2. Consideration and possible action regarding an ordinance ordering and calling a Runoff Election for the Purpose of Electing Two (2) Councilmembers, Position 4 & 5, Naming Liberty County Election Administrator as Early Voting Clerk, Setting Time and Dates for Early Voting with Election Day as June 18, 2022. (Consideración y posible acción con respecto a una ordenanza ordenando y llamando a una Elección de Desempate con el Propósito de Elegir a Dos (2) Concejales, Posición 4 y 5, Nombrando al Administrador de Elecciones del Condado de Liberty como Secretario de Votación Anticipada, Fijando Horas y Fechas para Votación Anticipada con Elección Día como 18 de junio de 2022
3. Accept election results for Position 3 and issue Certificate of Election. (Aceptar resultados de elecciones para la posición 3 y emitir el certificado de elección).
4. Complete Statement of Officer and administer the oath of office for Council Position 3- Eddie Lowery. (Administrar el juramento de la oficina para el Consejo de posicións 3-Eddie Lowery.)
5. Consideration and possible action on appointing a Mayor Pro-Tem
6. Presentation of plaques to outgoing Council Position 3 – James Franklin. Presentación de placas a saliente Consejo de Posición Tres – James Franklin.
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Joint Meeting and Public Hearing with Zoning Commission & City Council
7. The public hearing will consider the following items: a. Preliminary recommendation from the Zoning Commission and to make a final recommendation and consider final approval and consider adoption of an ordinance for a Planned Unit Development District for property located at 600 Easy Street otherwise known as Joseph Fenner Survey, A-441, Liberty County, Texas Being Lot 8 and part of Lots 4 & 9, Block “N” of Smith’s Addition to the Town of Cleveland (Vol 1, Pg. 19, M.R.L.C.T)
8. Close Public Hearing – Zoning Commission will leave Chamber Chambers to continue their meeting in the Boardroom. Council will take action after Zoning Commission returns with their formal recommendation which is in the Discussion and Action section.
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Presentations and Public Comments
9. Presentation of appreciation plaque to the Cleveland ISD Art Department for their work on the Campbell Park Mural
10. Presentation of Employee Service Award for May 2022
11. Public Comments.
Any person with City related business may speak to Council. In compliance with the Texas Open Meetings Act, the City Council may not discuss, or vote on any matter raised in public comments unless it is specifically on the agenda. To speak during a council meeting, you must be recognized by Any person with City related business may speak to Council. In compliance with the Texas Open Meetings Act, the City Council may not discuss, or vote on any matter raised in public comments unless it is specifically on the agenda. To speak during a council meeting, you must be recognized by the Presiding Officer. PUBLIC COMMENT WILL BE LIMITED TO THREE MINUTES. Complete the Public Comments form and turn into the City Secretary prior to the start of the meeting.
12. Reports and comments from City Council, Mayor or City staff. Regarding matters appearing on the agenda; recognition of community members, city employees, or upcoming events.
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Consent Agenda
All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately
Consideration and possible action on (following):
13. Approval of Monthly Financial Report
14. Approval of Minutes from April 19, 2022 City Council meeting
15. Approval of Quarterly Investment Report for period ending March 2022
16. Reappointment of board member positions 2, 4 & 6 for Tax Reinvestment Zone 2 (LGI Homes).
17. Approval of an ordinance calling for a Joint Public Hearing with City Council and Zoning Commission to occur on June 21, 2022 at 6:00 pm to discuss the Zone Change request for 307 Harding Ave, Cox-Garvey-Clev, Block 34-A, Lot 3 & 4, Acres .2829 from CBDCentral Business District to zone HD-High Density.
18. Approval of final plat for lots 1, 2 & 3, Block 1 for BNSF Logistics Center
Members of the Cleveland Economic Development Corporation Board (EDC) may be attending and participating. If a quorum of EDC is present, then this meeting of the Cleveland City Council shall also be a meeting of the Cleveland Economic Development Corporation. The meeting will be shown on the City’s YouTube account at https://www.youtube.com/channel/UCTeUTiB4DWP7AjbC-i6qR8Q. Closed captions are provided as auto generated through YouTube. You must turn on the closed caption (CC) option on your viewing device. Persons with disabilities that wish to attend this meeting should contact the City Hall – City Secretary’s office at (281) 592-2667 to arrange for assistance. Individuals who require auxiliary aids or services for this meeting should contact the City at least two days before the meeting so that appropriate arrangements can be made.
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Discussion and Action
19. Consideration and possible action to approve for staff and Gallagher Benefit Services to pursue proposal requests for employee health benefits for FY 2022-2023
20. Consideration and possible action on approval of First Supplement to Development Agreement between BNSF and City of Cleveland to address the oversizing of the infrastructure designs and costs
21. Consideration and possible action on street closure request from Pineywoods Rooters LLC for June 12, 2022 to close off both ends of N. College Ave at Houston & N. College and N. College and E. Crockett St from 1:00 pm to 5:00 pm to hold a grand opening of their new office.
22. Consideration and possible action to award the bid from the Request for Proposals on the 2020 Texas Community Block Grant Pedestrian Infrastructure Improvements Project (No. 7220142) to Greenscapes Six, LLC in the amount of $400,814.00 and authorize the Mayor to sign the required documents after review from the City Attorney
23. Consideration and possible action to approve a support letter to Texas Department of Transportation (TxDOT) for access from bypass for a business at the corner of FM 1010 and bypass.
24. Consideration and possible action to approve the budgeted purchase of two (2) 2022 Chevrolet Tahoe Police Package Vehicles from Lake County Chevrolet in the total amount of $69,987.50 for vehicle purchase only
25. Consideration and possible action to accept formal recommendation of Zoning Commission to adopt ordinance of the City of Cleveland, Texas, amending the City’s code of ordinances by adopting a Revised Official Zoning Map by rezoning referenced parcel from R1-Residential and MH-Manufactured Home to PUD-Plan Unit Development.
26. Consideration and possible action to approve the budget calendar for FY23
27. Consideration and possible action on FY22 Budget Carryover and Amendment Ordinance
28. Consideration and possible action on appointing a council member to be on the scoring committee for the Request for Qualifications & Proposals for engineering and grant admin associated with Community Block Grant Application for 2019 Storm
29. Discuss and take action, as applicable, the behaviors, actions, responsibilities and authorities of Mayor Richard Boyett.
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Executive Session
The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code
30. Closed Executive Session under Texas Local Government Code 551.071 for Consultation with Attorney.
31. Closed Executive Session under Texas Local Government Code 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
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Return to Open Session
32. Consider and take action on a resolution to terminate the City Manager.
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Adjourn
I certify that the above Agenda was posted at City Hall, 907 E. Houston, Cleveland Texas 77327 and the City’s website on May 13, 2022 at 4:50 pm.
~ Angela Smith, TRMC Director of Admin Services City Secretary
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City of Cleveland Texas Agenda Link - https://www.clevelandtexas.com/AgendaCenter/ViewFile/Agenda/_05172022-866
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