MINUTES CITY OF FORT MEADE REGULAR CITY COMMISSION MEETING TUESDAY, FEBRUARY13,2024  Al Regular Meeting ofthe Fort Meade City Commission was held on' Tuesday, February 13,2024, 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 PMI by Mayor McCutchen  2.  ROLLO CALL: Mayor Vice Mayor Commissioner Commissioner Commissioner StaffPresent Asst. City Manager City Attorney Assistant City Manager Deputy City Clerk Customer Service Supervisor Accounting Specialist Library Director Finance Assistant  Petrina McCutchen Samuel Berrien James Watts James Possum Schaill Jaret Williams  Present Present Present Present Present  Tommy King Maria Sutherland Melissa Cannon Danelle Holder Jennifer Noe Kylie Shortt Kelsey Kikta  Present Present Present Present Present Present Present Present  Norman Powell, Shirlyon McWhorter  Also present was PCSO Deputies Michael Carberg and Bradley Weldon  3.  INVOCATION AND PLEDGE TOTHE FLAG  Vice Mayor Berrien led the invocation. Mayor McCutchen led the pledge to the flag.  4.  ADDITIONS AND/OR DELETIONS A. Add item 8-D Resolution R24-07  B. Add amended agenda item 9-H Updated bid opening  Motion Commissioner Watts, second Commissioner Schaill to items 8-D and 9-H to Motion to add items 8-D and 9-H agenda passed by a unanimous vote of5-0.  the agenda.  5.  PRESENTATIONS/AWARDS/REPORTS A. Proclamation Deputy Sheriff Blane Lane    City ofFort! Meade, Florida Regular City Commission! Meeting February 13,2 2024 Page 2  Commissioner Williams read and presented to the family of Blane Lane the proclamation expressing on the passing of Deputy Sheriff Blane Lee Lane.  B. Proclamation National Black History Month  Mayor McCutchen read and presented tol Mr. Roc Eiland the proclamation proclaiming  the month of February 2024 as National Black History Month.  7.  PUBLIC FORUM:  Citizen comments for items not on the agenda (3-minute maximum length).  Ms. Ashley Dishong, 211 6h Street NE, Fort Meade, requested a donation for Project Graduation Motion Commissioner Watts, second Commissioner Schaill to donate $250.00 to Project Motion to donate $250.00 to Project Graduation 2024 passed by a unanimous vote of5-0. Mr. EJ King asked the Mayor to contact him and give direction on how to request all federal  2024.  Graduation 2024.  funds received and expended over the past 10 years.  8.  PUBLIC HEARINGS:  Open Public Hearings on the following items:  10. CONSENT AGENDA:  A. Minutes of. January 9, 2024, Regular City Commission Meeting, Minutes of. January 18, 2024, Special Commission Meeting Minutes of. January 26, 2024, Commission Workshop and January 26, 2024, Special Commission Meeting - Melissa Cannon B. Appointment of representative of the City of Fort Meade to the Property & Casualty Board ofDirectors and the Group Health Trust Board of Directors with PRM - Melissa Cannon .Contract Agreement with Marsha M. Faux, Polk County Property Appraiser - Melissa D. Resolution R24-07 FDOT Road Closing for Central Florida Soul Music Festival 1- Melissa  Cannon Cannon  Motion Commissioner Williams, second Commission Watts to move items 8-A and 8- Motion to move: items 8-A and 8-C to new business for discussion passed by a  Cton new business for discussion. unanimous vote of5-0.    City of Fort Meade, Florida Regular City Commission Meeting February 13, 2024 Page 3  Motion Vice Mayor Berrien, second Commissioner Williams to approve consent  agenda items 8-B and 8-D.  11. NEW BUSINESS:  A. Commissioner request for clarity on residency - Commissioner Watts  Commissioner Watts stated that it has been brought to his attention that Vice Mayor Berrien has moved out of the city limits and per the city charter, Vice Mayor Berrien stated that he does live in the city limits and does not care to Commissioner Watts asked Attorney Powell for his opinion. Attorney Powell stated that he believes the question to be if a commissioner fails to continue to reside within the city would that person forfeit their seat, the'charter is clear on that, that is an obvious yes. Mr. Powell stated that he thinks this discussion is not suited for this commission and recited parts of Sec. 13 of the code. Mr. Powell stated that he believes the issue is being inflated and that a majority vote of the commission would need to be had to conduct an investigation forjudicial review. Commissioner Watts asked for clarification-for the 3-year residency for the seat ofCommissioner Williams. Attorney Powéll stated it would be the same response. Commissioner Williams stated thati am qualified to be a city commissioner in Commissioner Williams would like to receive Mr. Dustin Burke as Interim City Manager stating that the motion passed at the last meeting to hire Mr. Burke pending his backgrgund check which has been completed. Mayor McCutchen  commissioners must reside in the city. make his address a public record.  the City of Fort Meade.  stated that this item is on the agenda as item 9-I.  B. Trending Analysis and Investment of City Funds - Maria Sutherland  Motion Commissioner Williams, second Commissioner Berrien to table item 9- Mayor McCutchen asked all to follow her lead out of respect and to have respect Ms. Sutherland stated that there are two parts to this item with the first being the trending analysis by the city financial consultant who is here, and the other is on the investment ofr restricted funds. Ms. Sutherland requested the trending analysis Mr. Brynjulfson provided an overview of the financial duties he provides to the city and gave an overview of the trending analysis discussing the different funds  B. Ms. Maria Sutherland asked for discussion before the vote.  for the office.  by Mr. Mike Brynjulfson CPA be heard.  stating that the city is in a good financial position.    City ofFort Meade, Florida Regular City Commission Meeting February 13, 2024 Page 4  Commissioner Watts suggested have an investment committee.  Ms. Maria Sutherland stated that staff has been working with Sebring to assist with the finance and to gain insight into the capabilities of our software. Ms. Sutherland stated that Kelsy prepared the expense reports for each department stating that most all oft them are below the percentages where they should be. Mayor McCutchen stated she would like to have a one on one to discuss this Motion Commissioner Schaill, second Vice Mayor Berrien to table the item Motion to table the item until one-on-one discussions with finance take place  further.  until one-on-one discussions with finance take place.  passed by a unanimous vote of5-0. Agreement- - Maria Sutherland  C. Resolution R24-06 Florida Department of Transportation State Funded Grant  Ms. Sutherland gave an overview of the street paving grant and stated it was a Motion Commissioner Watts, second Commissioner Schaill to approve the resolution for partial execution of/the State Funded Grant Agreement Motion to approve the resolution for partial execution of the State Funded Grant Agreement FPN#452957-1-54-01 passed by a unanimous vote of5-0. D. Request for funding of 14"insta-valve installation at the water tower to facilitate  partial agreement requiring a resolution.  FPN#452957-1-54-01.  water tower rehabilitation- - Tommy King  Mr. Tommy King gave an overview of the need for the unbudgeted valve installation. Mr. King stated that this originally should have come from ARPA funds, but the ARPA funds have been depleted and requested funding from Motion Commissioner Watts, second Commissioner Schaill to approve the funding of the 14" insta-valve installation at the water tower not to exceed Motion to approve the funding of the 14" insta-valve installation at the water tower not to exceed $42,000 from the general fund reserves passed by a  General fund reserves.  $42,000 from the general fund reserves.  unanimous vote of5-0.  E. Approval of change order No. 3 for modification request and 76-day time  extension for SRF Phase 1 sewerimprovements Tommy King    City of Fort Meade, Florida Regular City Commission, Mecting February 13,2024 Page 5  Mr. Tommy King gave an overview of change order No. 3 modifications. Motion Commissioner Williams, second Vice Mayor Berrien to approve the change order for modifications, bypass pumping and time extension to facilitate ongoing construction SRF sewer improvements Phase 1. Motion to approve the change order for modifications, bypass pumping and time extension to facilitate ongoing construction SRF sewer improvements  Phase 1 passed by a unanimous vote of5-0.  F. Lien Reduction Request 119 W Broadway St - Jaret Landon Williams = Maria  Sutherland  Attorney Mitchell Ladner stated he represents Commissioner Williams in the pending case filed by the City ofFort Meade and has been went to mediation with no resolve. Mr. Ladner stated with the new commissioners he would like to bring Attorney Powell stated that they did have a closed-door session on the litigation Mr. Ladner provided Mr. Williams' side oftheçase, stating that the violations of the case have not been disclosed to Mr. Williams. Mr. Ladner went on with his Attorney Powell asked that the convefsation remain germane to the motion before the commission and pending litigation if a discussion needs to be had to Vice Mayor Berrien stated that the problem he has is that Mr. Williams was not Commissioner Watts stated he would like to hear from the building department. Mayor McCutchen stated she would like to defer further decisions to the city Vice Mayor Berrien stated that moving forward it would be unfair to ai resident if he was officially never. made aware of the case ofthe violations and feels that this Attorney Powell stated that is the allegation. Attorney Powell suggested as a courtesy to the defendant while this is going on that we should abate the Mr. Donnie True asked if he could speak on this item, Mayor McCutchen stated  them up to date on the case. but feels this is not the request.  presentation.  internalize it.  provided with the information relating to the violations.  attorney.  should be addressed in this litigation.  continuing escalation oft the fines.  not at this time.    City ofFort Meade, Florida Regular City Commission! Meeting February 13, 2024 Page 6  Motion Commissioner Schaill, second Vice Mayor Berrien to direct the city attorney to work it out with Attorney Mitchell) Ladner and bring the decision Motion to direct the city attorney to work it out with Attorney Mitchell G. Resolution R24-07 Rules and Regulations- -Austin Paimes Norris Weeks Powell Attorney Shrilyon McWhorter read the title of Resolution R24-07 rules and Commissioner Williams stated he personally feels any commissioner should be able to add items to the agenda without waiting a month in advance. Motion Commissioner Williams, second Vice Mayor Berrien to approve Resolution R24-07 with the amendment ofsection to allow,any commissioner to add items to the agenda on the Wednesday before the scheduled meeting. Motion to approve Resolution R24-07 with the amendment of Section C to allow any commissioner to add items to the agenda on the Wednesday before  back to the next meeting.  Ladner and bring the decision back to the next meeting.  regulations of meetings.  the scheduled meeting passed by a unanimous vote of5-0. H. Engineering Services Bid Award - MarigSutherland  Ms. Sutherland stated that the engineéring services' bid went to procurement and two responses were received and scored receiving the same: score. Ms. Sutherland Motion Commissioner Watts, second Commissioner Schaill to approve both Mittauer & Associates and CPH Consulting as engineers for the City of Fort Motion to approve both Mittauer & Associates and CPH Consulting as engineers for the City of Fort Meade passed by a unanimous vote of5-0. Mr. Greg Lang representing Mittauer & Associates thanked the commission and stated that Mittauer & Associates are willing to do any project for the city small  recommended approving both engineering services.  Meade.  or large and work mostly with small cities. Items moved from 8. Consent Agenda to 9. New Business  8.A. Minutes of. January 9, 2024, Regular City Commission Meeting, Minutes of. January 18, 2024, Special Commission Meeting Minutes of. January 26, 2024, Commission Workshop and January 26, 2024, Special Commission Meeting - Melissa Cannon Commissioner Williams requested the dates be corrected in the header from January 18, 2023, to January 18, 2024, and correct the mayor signature line in same minutes.    City ofFort! Meade, Florida Regular City Commission! Meeting February 13,2024 Page7  Motion Commissioner Berrien, second Commissioner Schaill to approve the  minutes with corrections.  Motion to approve the minutes with corrections passed by a unanimous vote of5-0. 8.C. Contract Agreement with Marsha M. Faux, Polk County Property Appraiser = Melissa  Cannon  Commissioner Williams asked the attorney ift they had reviewed this agreement and Motion Commissioner Williams, second Vice Mayor Berrien to table item 8-C Motion to table item 8-C until the Attorney has reviewed the agreement  Attorney Powell stated they had not reviewed it. until the Attorney has reviewed the agreement. passed by a unanimous vote of5-0. City Manager Search  I.  Mayor McCutchen began by saying she hasréviewed the applications submitted and stated there maybe be a couple that she would like to know more about. Commissioner Schaill stated that he réceived two calls today from two individuals Mayor McCutchen stated the job posting has closed. Mayor McCutchen stated that the background screening for Mr. Dustin Burke has been reviewed and she is Commissioner Schaill stated that he read F.S. 112 and was concerned sol he spoke with the State's Attorney's Office who agreed that thel hiring ofMr. Burke would Mayor McCutchen stated that we. have paid attorneys here and she would refer to them for all legal counsel and feels like it was disrespectful to reach out to someone else for legal advice, stating that our attorney advised at the last meeting that there was nothing written in our charter that would prohibit Mr. Burke from Commissioner Watts asked the attorney if Florida Statue 112 superseded our Attorney Powell stated that Attorney McWhorter provided her opinion at the last meeting stating that the city's handbook is relating to the city manager and  with city manager experience that'would be available.  satisfied with the resylts  indeed be a violation ofF.S. 112.  being hired. charter.  employees.    City ofF Fort Meade, Florida Regular City Commission: Mceting February 13, 2024 Page 8  Motion Commissioner Williams, second Vice Mayor Berrien to receive Dustin Burke as the interim city manager per the motion that passed in the Mr. Tommy King asked if! he could have a discussion. Mayor McCutchen stated  last meeting.  there is a motion on the table. Mr. King Ieft the meeting. Mayor McCutchen called a recess at 8:15pm. Mayor McCutchen reconvened the meeting at 8:28 pm.  Commissioner Watts stated he is noti in favor of pursuing Mr. Burke based on his  background check.  Commissioner Schaill asked the attorney for his opinion.  Attorney Powell stated hel has the same opinion, stating that thgcommission is the collegial body that would be making the decision to hire its manager and there is no onei in this collegial body that is related to this manager and nor is the manager making the decision of an employee, so Ibelieve it's a very narrow window. Motion to receive Dustin Burke as the interim city manager per the motion that passed in thel last meeting passed by a 3-2 vote with Commissioner Watts Commissioner Williams asked to receive Mr. Burke seated with us at the dais. Mayor McCutchen stated she would like to wait for the contract to be completed. Vice Mayor Berrien requested the city attorney finalize ac contract with Mr. Burke. Commissioner Williams asked for clarification on the start date of Mr. Burke. Attorney Powell stated that the final contract will need to come back to the commission forapproval so you will need to appoint someone in the intern. The consensus of the commission was to call a Special Commission Meeting on Motion Commissioner Watts, second Commissioner Schaill to appoint Assistant City Manager, Maria Sutherland, to fill in as interim until the Motion to appoint Assistant City Manager, Maria Sutherland, to fill in as interim until the contract is approved ifMr. King resigns the position passed  and Commissioner Schaill opposed.  February 21, 2024, at 6:00 pm.  contract is approved ifMr. King resigns the position.  by a vote of4-1 with Commissioner Williams opposed.  12. CITY ATTORNEY COMMENTS: None 13. CITY MANAGER COMMENTS:    City ofFort! Meade, Florida Regular City Commission! Mceting February 13,2024 Page9  Mayor McCutchen asked Ms. Sutherland to give an update on grants that she shared earlier. Ms. Sutherland stated that Mr. Greg Lang has the documents. Mr. Lang stated that he has been working with staffont two grants that are ont the funding list scheduled for tomorrow, one ofwhich is for the wastewater treatment plant in the amount of $6.130 million dollars and the other is for the water treatment plant in the amount of$3.250 million dollars. Mr. Lang stated this is as special Ms. Sutherland stated that Mr. Tommy King in indispensable and her first order of business will Ms. Sutherland stated that a $4 million-dollar Broadband grant for1 the multi-purpose building was  100% grant for hurricane damages.  be to hire him back or bring him in as a consultant. awarded and gave an overview of the grant. 14. CITY COMMISSION COMMENTS: A. Commissioner Schaill - none  B. Vice Mayor Berrien stated he would like a list of the different boards the commissioners should be involved in like the library board, water ço-op, CFDC, and TPO. Ms. Kylie Shortt stated the library board has been resolved but the Friends of the Library are B. Commissioner Williams stated that he-doesn't! know when city hall became the repository for rumors and there were things sent out via email that pertain to. him and wants to state that iti is disrespectful and do not like it and expect us as commissioner to hold our selves at a higher standard and asked moving forward to all abstain from rumors and sending emails to C. Mayor McCutchen stated she concurs with Commissioner Williams, that we need to stick to D. Commissioner Watts stated that he agrees with everyone getting along and wants to be clear that nothing he has brought up tonight has been personal, he stated that we all took an oath to follow the charter and just want to make sure we follow it and state statutes.  still active in fund raising.  newspapers.  decorum and have respect for this office.  15. STAFF REPORTS: 16. UPCOMING MEETINGS:  Mayor announced the upcoming meetings.  A. February 21, 2024, Special City Commission Meeting at 6:00 PM B. March 13, 2024, Regular City Commission Meeting at 6:001 PM C. April 9, 2024, Regular City Commission Meeting at 6:00 PM    City ofFort! Meade, Florida Regular City Commission Meeting February 13,2024 Page 10 17. ADJOURNMENT  There being no further business to conduct, Motion Commissioner Williams, second Vice Mayor Berrien to adjourn the Regular Commission meeting ofFebruary 13, 2024, at 8:58  PM.  Motion to adjourn passed by unanimous vote of5 5-0.  Himttla Petrina McCutchen, Mayor  ATTESTy CL  hu  Cannon, Deputy City Clerk