MINUTES CITY OF FORT MEADE SPECIAL CITY COMMISSION MEETING FRIDAYJANUARY 26, 2024  ASpecial Meeting oft the Fort Meade City Commission was held on Friday, January 26, 2024, at 4:301 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 4:43 PM by Mayor McCutchen.  2.  ROLLCALL: Mayor Vice Mayor Commissioner Commissioner Commissioner StaffPresent Asst. City Manager Deputy City Clerk Customer Service Supervisor Accounting Specialist Finance Assistant  Petrina McCutchen Samuel Berrien James Watts James Possum Schaill Jaret Williams  Present Present Present Present Present  Maria Sutherland Melissa Cannon Danelle Holder Jennifer Noe Kelsy Kikta  Absent 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.  ADDITIONS AND/OR DELETIONS PRESENTATIONS/AWARDSREPORIS  PUBLIC FORUM:  Citizen comments for items not on the agenda (3-minute maximum length).  Mr. Ben Speight, 6131 NE 3rd Street, Fort Meade, thanked the Mayor for remarks at last meeting encouraging staff and citizens. Mr. Speight stated he has concerns about the new attorney's contact and hopes the city will have it reviewed by outside counsel before signing it. Mr. Speight stated he also has a concern about the search for the city attorney and read section 12 of the charter, stating that that he does not believe the search was done in the sunshine and asked what Mr. Bill Weinkauf, 314 NE 2nd Street, Fort Meade stated that there is a perception that the attorneys were hired was preordained by three commissioners without the knowledge ofthe other two commissioners and asked ift this is government in the sunshine, stating that to his knowledge  meeting the commission voted to conduct the search.  no other attorneys were interviewed.    City ofF Fort Meade, Florida Special City Commission Meeting January 26, 2024 Page2  Ms. Norris-Weeks responded stating that the firm was consulted only by the mayor and no prior conversations were had with anyone other than the mayor and it was handled in the sunshine. Mr. Roger Wright 4400 Hwy 98, Fort Meade, stated that he is the owner of a retirement community in Fort Meade, and they have to sell the town in order to bring people here to live and therefore the city has to have a good reputation. Mr. Wright stated that the actions of our local government have been very harmful in the press and social media. Mr. Wright stated that it Ms. Michelle Patrick, 1029. Brooke Rd, Fort Meade stated that she wanted to bring tot the attention of the commission that her concern with Dustin Burke becoming city manager is the matter of several injunctions forj protection filed against him and the commission chose not tol hire: someone  makes more sense to hire local.  with a battery charge. Mayor McCutchen asked her to refrain.  7.  PUBLIC HEARINGS:  Open Public Hearings on the following items:  8. 9.  CONSENT AGENDA: NEWI BUSINESS:  A. Firetruck Surplus Property/Donation/alesy  Attorney Norris Weeks read the titlé of Resolution R24-04 to sell the 2006 Pierce Motion Commissioner Williams, second Commissioner Watts to approve. Resolution Motion to approve/Resolution R24-04 passed by a unanimous vote of5-0.  Contender Engine. R24-04.  B. Discussion of City Manager  The commission was presented with five city manager applications. Mayor McCutchen Commissioner Schaill stated that there was one applicant that he believed to be a good Commissioner Williams stated he echoed Mayor McCutchen'so comments. Commissioner Williams asked the attorney if there were any concerns with hiring Dustin Burke as interim city manager. Attorney Norris Weeks stated that the handbook is specific to the city manager and other employees but does not apply to an interim. Commissioner Williams feels Mr. Burke is moret than qualified for this position. Commissioner Williams asked ifi it was necessary to do an extensive background for an interim position and ifit  stated'that oft these she did not see any viable candidates.  candidate.  was in the charter.    City of! Fort Meade, Florida Special City Commission: Meeting January 26, 2024 Page3  Mr. Tommy King stated that he suggests not putting anyone in a position without a background check. Mr. King stated that he would suggest putting the Assistant City Manager back in as the interim city manager until a new city manager can be hired. Mr. King stated that he is a bit disturbed that he heard prior to this meeting that Mr. Burke would be suggested and other rumors that have come to fruition in these meetings lately. Mr. King stated he will do whatever he needs to, to help keep the city running smoothly. Vice Mayor Berrien stated that people will talk and say and do things but that doesn't Vice Mayor Berrien stated he would suggest asking Mr. Fred Hilliard to fill in. Mr. Mr. Tommy King stated that it is past the part of the charter and would suggest having Ms. Sutherland continue as interim until a city manager can be hired so he can focus on his priorities. Mr. King asked for clarity stating that at the preyious meeting the attorney was directed to draft a contract for Mr. King to serve as the interim and then he left the Vice Mayor Berrien stated that was correct, that the attorney was directed to draft a Attorney Norris Weeks stated she would like direction how the commission would like Commissioner Williams asked Mr King if he would like to continue without a contract. Vice Mayor Berrien stated hé was in favor of a contract for Mr. King's security and for Mayor McCutchen stated she doesn't think compensation will meet the criteria for only Motion Commissioner Williams, second Vice Mayor Berrien to offer the position of interim to Dustin Burke contingent on a passing a background check and continue with Tommy King as interim without a contract with the understanding that Mr. Ms. Barbara Arnold asked to speak. Mayor McCutchen stated she would acknowledge Motion to offer the position of interim to Dustin Burke contingent on a passing a background check and continue with Tommy King as interim without a contract with the understanding that Mr. King will resume his role in water/wastewater upon completion passed by a 3-2 vote with Commissioner Schaill and Commissioner Ms. Arnold stated she has done a background check Mr. Burke herself and he has 10 injunctions for protection and domestic violence charges, but the commission refused to  mean it was conjured. VM Berrien thanked Mr. King for his efforts.  Hilliard declined.  building. contract.  this to go because a contract is not required.  compensation for his sacrifice.  two weeks unless the commission decides to give it to him.  King will resume his role in water/wastewater upon completion.  her after the vote.  Watts opposed.    City ofF Fort! Meade, Florida Special City Commission: Mceting January 26, 2024 Page4  consider an applicant who was charged with battery for not wearing ai mask in Applebee's which has a decade of city manager experience, SO why would you hire one person with Mayor McCutchen stated she doesn't accept applications because she is not in HR, but Ms. Annette Downs, 605 Pool Branch Rd., Fort Meade, asked why you would spend the money for an extensive background when the position is still open and there may be qualified applicants. Mayor McCutchen stated they do not have any suitable candidates  ah history ofviolence and not the other.  the commission has the right to accept or reject any application.  at this time.  C. Resolution R24-05 City Attorney Contract  Attorney Norris Weeks read the title to Resolution R24-05 City Attorney Contract for Commissioner Schaill stated that he was impressed with their presentation but asked if any Polk County or local attorneys were contacted stating Ft. Lauderdale is a long way to come. Mayor McCutchen stated that she made several calls to FLC and other mayors Commissioner Watts asked what the travelexpenses would be. Attorney Norris Weeks Commissioner Watts asked how the flat rate calculated. Attorney Norris Weeks stated they reviewed thel budget online forthey past year but additional expenses such as litigation or any additional expenses will be charged separately. Commissioner Watts stated that Motion Commissioner Williams, second Commissioner Berrien to approve Motion to approve Resolution R24-05 passed by a 3-2 vote with Commissioner  Austin, Paimes, Norris Weeks, Powell.  for references, but she turned to them and invited them to come. stated that travel expenses were includedin the flat rate fee.  was an unusually inflated year. Resolution R24-05.  Watts and Commissioner Schaill opposed.  D. Announcement ofl Executive Session on Litigation Matters for February 13, 2024  Attorney Norris Weeks read an announcement for a closed-door executive session upon sending a notice to the clerk and obtaining a court reporter to be held in Commission Chambers 8 W. Broadway St., on February 13, 2024, at 5:00 pm to discuss the following City of Fort Meade VS. Dorothy Jean's Dream Initiative, LLC. Case Number City of Fort Meade VS. Home Solutions Express, LLC, Case Number City of! Fort Meade VS. Any other parties in possession of subject property (City of Fort  pending litigation matters: 2023CC00215900000 2023CC0026830000  Meade VS. J.McCutchen Inc. Case Number 2023CC00267500000    City ofFort Meade, Florida Special City Commission Meeting January 26, 2024 Pages  City of Fort Meade VS. Unknown Heirs, under or against Robert Clanton Case Number City of Fort Meade VS. Wynter Edwin, Case Number 2023CA00437900000 The following individuals will attend: Mayor McCutchen, Vice Mayor Berrien, Commissioner Schaill, Commissioner Watts, Commissioner Williams, City Attorneys: Michelle Austin Paimes, Burndette Norris Weeks, Shirlyon McWhorter, Norman Powell  2023CC0026510000  and Jordan Gary for 1 hour.  10. CITY ATTORNEY COMMENTS: None 11. CITY MANAGER COMMENTS:  Mr. T. King asked about the money that has been paid to the previous attorney for the PFAS class  action and ift that will still come out ofhis budget. Ms. Norris Weeks stated they will take over the case.  12. CITYC COMMISSION COMMENTS: A. Commissioner Schaill - none  B. Vice Mayor Berrien asked the new legal counsel forinformation on Form 6  C.C Commissioner Williams thanked legal counsel for being here today and walking them through the ethics and sunshine law training and look forward to having this legal counsel for all city  business.  D. Commissioner Watts thanked legal counsel as well  E. Mayor McCutchen thanked legal counsel and stated we look forward to working with you and building the city together. Mayor Mccutchen stated she knows change is difficult, but she would like the same confidence that had been given in everybody else that sat up here and would appreciate respect and honor especially from the employees. Mayor McCutchen stated she wants to do good and great thought goes into decisions and it is in the best interest of the  city.  13. STAFF REPORTS: 14. UPCOMING MEETINGS:  Mayor McCutchen announced the upcoming meetings. A. February 13, 2024, Closed Session at 5:00 PM  B. February 13, 2024, Regular City Commission Meeting at 6:00 PM C. March 13, 2024, Regular City Commission Meeting at 6:00 PM  15. ADJOURNMENT    City ofFort Meade, Florida Special City Commission! Meeting January 26, 2024 Page 6  There being no further business to conduct, Vice Mayor Berrien, second Commissioner Williams to adjourn the Special Commission meeting ofJanuary 26, 2024, at' 7:50 PM.  Motion to adjourn passed by unanimous vote of5-0.  Ahnahebiha Petrina McCutchen, Mayor  ATTEST:  Cannon, Deputy City Clerk  Z