MINUTES CITY OF FORT MEADE SPECIAL CITY COMMISSION MEETING THURSDAY,JANUARY 18, 2024  A Special Meeting of the Fort Meade City Commission was held on Thursday,January 18, 2024, at 6:00 P.M. at Commission Chambers, 8 W. Broadway Street, Fort Meade, Florida, and via  Zoom Virtual Meeting. CALLTOORDER:  1.  The Meeting was called to order at 6:00 PM by Mayor McCutchen.  2.  ROLLO CALL: Mayor Vice Mayor Commissioner Commissioner Commissioner Staff] Present Asst. City Manager City Attorney Deputy City Clerk Customer Service Supervisor Accounting Specialist Finance Assistant  Petrina McCutchen Samuel Berrien James Watts James Possum Schaill Jaret Williams  Present Present Present Absent* Present  *attending Polk County Days in Tallahassee representing the city.  Maria Sutherland Chris Berg Melissa Cannon Danelle Holder Jennifer Noe Kelsy Kikta  Absent Present Present Present Present Present  3.  INVOCATION AND PLEDGE TOTHE FLAG  Pastor Alvin Mitchell led the invocation. Mayor McCutchen led the pledge to the flag.  4. 5. 6. 7.  ADDITIONS AND/OR DELETIONS PRESENTATIONS/AWARDS/REPORTS  PUBLIC FORUM: PUBLICHEARINGS:  Citizen comments for items not on the agenda (3-minute maximum length).  Open Public Hearings on the following items:  8.  CONSENT AGENDA:    City ofE Fort Meade, Florida Special City Commissionl Meeting January 18, 2024 Page2 9.  NEW BUSINESS:  A. City Manager Discussion - Mayor McCutchen  Mayor McCutchen introduced Mr. George Forbes with FCCMA. Mr. Forbes gave al brief bio of his work history and offered his services to aide in the search for an interim and a permanent city manager. Mr. Forbes stated he has already sent emails to the Florida Association of city managers and MITS to help with the recruiting on behalf of the city. Mr. Forbes stated that he is aware of several city employees that have left and stated that something needs to be addressed with the city and a positive environment needs to be provided to move the city forward. Mr. Forbes stated ifhe is going to help the city, he will need aj point of contact at the city. Mayor McCutchen stated she will be the point of Attorney Berg asked Mr. Forbes the nature ofthe contact and Mr. Forbes stated he would need someone to review resumes for qualifications and similar items. Mr. Berg stated that these are administrative actions and per the city charter, this should be handled by staff and not the commission. Mr. Forbes asked Melissa Cannon if this was something she could do and she agreed. Mr. Forbes stated the commission should set the expectations Mayor McCutchen asked Mr. Berg ifhel had'ac chance to research the two names that were brought up at the last meeting for interim city manager. Mayor McCutchen asked about Vice Mayor Berrien stated he would like to see what Tommy King' 's thoughts were. VM Berrien stated hel has spokepwith the attorney about the other two names discussed at the Mr. Berg stated that at the last meeting it was a bit unclear if Florida Statute would prohibit Greg King or Dustin Burke from employment due to certain relationships with people at the city. With regard to Mr. King, F.S. Chapter 112 would apply tol him, and he read the statement aloud. With regard to Mr. Burke, F.S. Chapter 112 would not directly be applicable to him, but the city employment policy would prohibit him as employees Mr. Ben Speight asked ift they were taking comments, and Mayor McCutchen replied no. Attorney Berg advised that ifaction was going to be taken, that public comments should Mayor McCutchen stated shel has reached out to a couple ofi former city managers but has not here back and asked for the opinions oft the commission of what direction they should Mr. Tommy King came online, and Mayor McCutchen asked him if he would be interested in being the interim on ai temporary basis while they continue the search fora  contact.  for a city manager.  Mr. Tommy King and ifh he may be interested in serving asi interim.  last meeting and would like tol hear that response.  cannot directly supervise relatives.  be allowed.  be moving.    City ofE Fort! Meade, Florida Special City Commission) Meeting January 18,2 2024 Page3  new city manager. Mr. King stated he is willing to help any way he can, but he already has an extremely full plate with the water/wastewater departments and all the projects Mr. Ben Speight requested to speak again and Mayor McCutchen stated that she would award him an opportunity after she has heard from her fellow commissioners on this Vice Mayor Berrien asked what was currently on his plate and what can be done tol lighten his load. Mr. King stated he has a great team but would need time to think about it. Commissioner Watts stated he would like to contact Mr. Sam Fite. Mayor McCutchen Commissioner Williams asked Tommy King how long heould need to make his decision. Mr. King stated maybe next week after he talks tol his team and his supervisor. Commissioner Watts suggested talking to Ms. Janice Thompson who worked for the city  currently going on.  pressing item.  asked Ms. Cannon to email Mr. Fite'sinformation to her.  for 40 years.  Commissioner Williams asked for clarification regarding Mr. Burke.  Attorney Berg stated that under the current handbook it would not be allowed, one oft the employees would need to be moved'to a different department which would not be an Mayor McCutchen stated shewould wait for Tommy King's response until Monday and  option for the fire chief, be terminated, or amend the handbook. contact Mr. Fite and Ms. Thompson in the meantime. Commissioner Watts suggested Mr. Fred Hilliard.  Vice Mayor Bérrien stated with regard to Chief Zahara, could he be a volunteer chief. Mr. Berg stated that would essentially be firing him from aj paid position. MayofMcCutchen: asked Melissa Cannon to fill the role ofinterim. Ms. Cannon declined. Tommy King came back on and stated he could help fill the role with help until the next VMI Berrien asked ifac contract was needed. Attorney Berg stated that yes, he would need to have a contract. Mayor McCutchen stated Mr. Berg would work with Tommy King on Mr. Ben Speight addressed the commission stating that he feels for the commission in making this tough decision. Ms. Speight stated that the 5-month clause in the charter was not meant for this type of situation where the commission is actively trying to fill the  meeting.  the terms ofthe contract.    City ofE Fort Meade, Florida Special City Commission Meeting January 18, 2024 Page4  position and suggest that the commission continue with the interim as is until someone Chiefz Zahara stated that he would be willing to be a contract employee to allow Dustin Burke to be the city manager. Attorney Berg stated that even contract employees would Ms. Barbara Arnold asked why they couldn't extend the time for Ms. Sutherland to continue as interim. Attorney Berg stated they cannot extend a set time in the charter. Ms. Arnold asked if they could offer a contract to Ms. Sutherland. VM Berrien stated he is Motion Vice Mayor Berrien, second Commissioner Williams to offer Mr. Tommy King a contract to fill position ofinterim city manager until February 13th. Commissioner Williams asked if it was necessary to offer acontract to Mr. King and where it states that. Attorney Berg stated that under the employment law if you are trying Motion to offer Mr. Tommy King a contract to fill position ofinterim city manager until February 13th passed by a vote of3-1 with Commissioner Watts opposed.  can be hired.  report to the city manager.  not interested in Maria taking the position.  to set a duration of time for the position then it should be by contract.  B. Discussion ofLegal Services - Mayor McCutchen  Mayor McCutchen stated that she has personally reached out to a couple different law firms and has invited a firm to present who they are, where they are from and what their role is in regard to city government is. Mayor McCutchen asked the representatives to Ms. Michelle Paimes and Mr. Norman Powell addressed the commission. Ms. Paimes gave a briefoverview of her background, the firm and their capabilities. Commissioner Watts asked how large the firm was. Ms. Paimes stated they have 10 VME Berrien asked ift they had any expertise in the Broadband grant and the owning ofthe infrastructure. Ms. Paimes stated there is one ofthe attorney's who would no andifit was  come forward.  lawyers and a special relationship with a bond counsel.  something special, they would hire it out. Mr. Powell gave a briefoverview of! his background.  Commissioner Williams stated that he is concerned with our current legal services. Commissioner Watts stated that hei is and has been totally satisfied with our legal services  for many years.  VM Berrien stated that he is concerned with the lack ofcommunication.    City ofFort Meade, Florida Special City Commission Meeting January 18, 2024 Page5  Mayor McCutchen stated that she has been on the commission over 4 years and only had 2conversations with. Attorney Cloud and he has been in contact with other commissioners but neglected to notify her. Mayor McCutchen stated that she feels that our legal team instead oflooking out for the will ofthe commission, chooses a side or an individual and that would be city management. She stated she believes information has been held back. Commissioner Williams stated he echoes the sentiment of the mayor, and he feels that the current legal services are not suited or equipped for this commission to handle the Attorney Berg stated that he apologizes if they are dissatisfied with the services and communication goes both ways and this is the first time his has heard ofthis and he feels it could have been worked out if he was given the opportunity. If there was communication with other commissioners, it was because they reached out to him or his firm. Mr. Berg stated regrettably, that ifit is the sentiment ofthe commission, they will Commissioner Watts asked what would happen to the current litigation cases the city has. Attomey Berg stated they would remain unless the commission voted to do away with Motion Commissioner Williams, second Vice Mayor Berrien to accept the resignation of Gray Robinson and engage a different legal counsel. Motion to accept the resignation of Gray Robinson and engage a different legal counsel passed by a vote of3-1 with Commissioner Watts opposed. Mr. Ben Speight asked the mayor if he could speak, and Mayor McCutchen replied not at this time. Attorney Berg stated that I am no longer your legal counsel, but I would Mr. Ben Speight stated that he is really shocked that you would do this right at the time when we need a contract for the interim city manager, it's just bad timing. Mr. Speight stated that Commissioner Williams having been here for two meetings and is able to make that kind of decision just perplexes him. If we were going to hire a new legal counsel, it should have been put out to bid and give other firms a chance because you really don't know what you are getting, Iam just shocked, and this may put us in turmoil. Mr. George Forbes addressed the commission stating he didn't want any confusion and since they have the interim city manager resolved, he is done and will not be working  journey ahead.  offer their resignation.  them.  recommend taking comments on action taken by the commission.  with the city any longer.  10. CITY ATTORNEY COMMENTS: 11. CITY MANAGER COMMENTS: 12. CITY COMMISSION COMMENTS:    City ofF Fort Meade, Florida Special City Commission Meeting January 18, 2024 Page6  A. Commissioner Watts I none  B. Commissioner Williams stated regarding the legal firm, we will need to hire a new one and  asked ifthe commission was ready to make that decision. Commissioner Watts stated he would like to see it go out to RFP.  Mayor McCutchen stated that technically we do not have to have an RFP for legal counsel. Vice Mayor Berrien stated his initial thoughts are he would like to hear from other firms but Mayor McCutchen stated that she concurs, and we had a great presentation tonight from the law offices of Austin Paimes Norris Weeks Powell, they seem likea well-established firm. Motion Commissioner Williams, second Vice Mayor Berrien to hire the legal services of Motion to hire the legal services of Austin PaimesNorris Weeks Powell passed by a vote Ms. Michelle Paimes thanked the commission and stated that they won't be disappointed. Commissioner Williams stated that he-knows there is a lot of change happening, necessary change and its not without deep thought and contemplation and I am physically in this seat  being we. just accepted the resignation of our firm we should proceed.  Austin Paimes Norris Weeks Powell. of3-1 with Commissioner Watts.  because the people decided it wastime for a change.  .Vice Mayor Berrien stated he echoes Commissioner Williams statement.  D. Mayor McCutchen stated that change maybe uncomtortable, but change is necessary. The vision that I havefor our city is one of progress, one of innovation, one of growth and sometimes it takes stepping outside of the boat. With new individuals who can affirm your vision and help you carry it out, and this is new: for all of us, but I promise you if you don't get out the boat you will not drown. Mayor McCutchen stated that I want to make it clear tonight, therei isalotofchatter, and my objective is to find an appropriate, skilled city manager but would be a fool to direct them to come in and fire staff, stay the course and it will smooth  out.  13. STAFF REPORTS: 14. UPCOMING MEETINGS:  Mayor McCutchen announced the upcoming meetings.  A. February 13, 2024, Regular City Commission Meeting at 6:00 PM B. March 13,2024, Regular City Commission Meeting at 6:00PM    City of Fort Meade, Florida Special City Commission: Meeting January 18, 2024 Page7 15. ADJOURNMENT  There being no further business to conduct, Motion Vice Mayor Berrien, second Commissioner Williams to adjourn the Special Commission meeting of. January 18, 2024,  at 7:50 PM.  Motion to adjourn passed by unanimous vote of4-0.  hhhiahehfha Petrina McCutchen, Mayor  Deputy City Clerk  ZE