TOWN OF LAKE HAMILTON TOWN COUNCIL REGULAR MEETING TUESDAY,AUGUST 6, 2024  MINUTES 6:00 PM  The Town Council ofLake Hamilton held al Regular Council Meeting on Tuesday, August 6, 2024,  at 100 Smith Ave., Lake Hamilton, FL 33851. Mayor Kehoe called the meeting to order at 6:00 p.m. The invocation was given by Cora Roberson. PLEDGE OF ALLEGIANCE Pledge of Allegiance led by all. ROLL CALL  CALLTOORDER INVOCATION  Roberson, Slavens, Mathis, Wagner, and Kehoe were present.  Staff: Clerk Borja, Finance Director Peterson, Town Administer Interim Teague and Town  Attorney Maxwell were present. CONSENT AGENDA  Motion made by Mathis and a second by Slavens to approve July 9, 2024, Regular Meeting Minutes, July 23, 2024, Special Meeting Minutes with changes, Building ITB 2024-02 Bid Opening Meeting Minutes, Polk Regional Water Cooperative Alternate and Advisory Planning  Commission Application  All the Council was in consensus. Motion passed 5-0.  RECOGNITION OF CITIZENS Mario Tullis commented NEW BUSINESS County.  Public Hearing for Resolution R-2024- 9. Kokomo Rd' Transfer Agreement from Polk  Town Attorney Maxwell read the title for the record. Police ofChief/Interim Town Administrator Teague presented.  Resolution R-2024-9: A RESOLUTION OF THE TOWN OF LAKE HAMILTON, FLORIDA, AUTHORIZING THE. EXECUTION OF THE. AGREEMENT FOR TRANSFER OF PUBLIC ROADS AND/OR RIGHT-OF-WAY BETWEEN THE TOWN OF LAKE HAMILTON AND POLK COUNTY, FLORIDA FOR. A PORTION OF KOKOMO ROAD (CR 456) FROM SCENIC HIGHWAY NORTH (SR 17/US 274 A), EASTTO THE WEST RIGHT-OF-WAY LINE OF BICE GROVE ROAD, LAKE HAMILTON, FLORIDA; PROVIDING FOR THE    August 6, 2024, Regular Council Minutes  Page 2  INCORPORATION OF RECITALS; PROVIDING FOR ADMINISTRATIVE ACTION; PROVIDING FOR RECORDING IN THE: PUBLIC RECORDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE Mayor Kehoe opened the public hearing, Kevin Kitto commented. The public hearing was Motion madel by Slavens and a second by Mathis to approve Resolution R-2024-9 Kokomo Rd Aroll call vote was taken. Slavens aye, Wagner aye, Roberson nay, Mathis aye and Kehoe aye.  DATE. closed.  Transfer Agreement from Polk County.  Motion passed 4-1.  The approval of] Kokomo Road Transfer Agreement with Polk County.  Town Attorney Maxwell presented. All in consensus. Motion passed 4-1.  Motion made by Slavens and a second by Wagner to approve the Kokomo Road Transfer  Agreement.  Public Hearing for Resolution R-2024- 10 Water Tank Road Transfer Agreementwith  Polk County.  Town Attorney Maxwell read the title: for the record. Police of Chief/Interim Town Administrator Teague presented.  Resolution R-2024-10:A RESOLUTION OF THE TOWN OF LAKE. HAMILTON, FLORIDA, AUTHORIZING THE EXECUTION OF THE. AGREEMENT FOR TRANSFER OF PUBLIC ROADS AND/OR RIGHT-OF-WAY BETWEEN THE TOWN OF LAKE HAMILTON AND POLK COUNTY, FLORIDA FOR. A PORTION OF WATER TANK ROAD FROM' THE EASTLINE OF THE WEST % OF SECTION 15, TOWNSHIP 28 SOUTH, RANGE: 27 EAST, EASTTO: THE WEST RIGHT-OF-WAY LINE OF BICE GROVE. ROAD, LAKE HAMILTON, FLORIDA; PROVIDING FOR THE INCORPORATION OF RECITALS; PROVIDING FOR ADMINISTRATIVE ACTION; PROVIDING FOR: RECORDING IN THE PUBLIC RECORDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; Mayor Kehoe opened the public hearing; no public comment was made. The public hearing was Motion made by Slavens and a second by Mathis to approve Resolution R-2024-10 Water Tank A roll call vote was taken. Slavens aye, Wagner aye, Roberson aye, Mathis aye and Kehoe aye. Theapproval of Water Tank Road Transfer. Agreement with Polk County. Motion made by Wagner and a second by Slavens to approve Water Tank Road Transfer  AND PROVIDING ANI EFFECTIVE DATE  closed.  Road Transfer Agreement with Polk County.  Motion passed 5-0.  Town Attorney Maxwell presented. Agreement with Polk County. All in consensus. Motion passed 5-0. Discussion of] Heavy Truck Ordinance Kevin Kitto commented Minutes prepared by Jacqueline Borja  Town Attomey and Council had a discussion on the Heavy Truck Ordinance.    August 6, 2024, Regular Council Minutes  Page3  The approval of additional job descriptions and positions Police of Chief/Interim Town Administrator Teague presented.  Public Works Director Henry presented.  The utility department: needs some additional employees for major ongoing projects occurring. These were to be added to the 2024-2025 budget but are desperately needed at this time. Motion made by Wagner and a second by Roberson to approve the additional job descriptions  and positions.  All in consensus Motion passed 5-0.  The: acceptance of Re-Bid for Town Hall Expansion ITB-2024-02  Town Administrator Interim/ ChiefTeague presented and recommended the acceptance oft bid from WCM Construction company ini the amount of $361,530 for the construction ofthe Motion made by Slavens and a second by Mathis to approve the acceptance of bid from WCM Construction company in the amount of $361,530 fori the construction oft the building department  building department addition.  addition.  All in consensus Motion passed 5-0. STAFF REPORTS:  Town Administrator- Town Administrator Interim Teague gave an overview staff report and reported to Council on the update ofCPA Mike on the Town's Audit. He also updated the Council oft the Police Department accreditation on going progress. He also updated Council Member Roberson on the Pearl Street and church street paving project.  Town Clerk- Town Clerk Borja updated the Council of the Florida League of Cities Conference taking place in August 14-17 in Hollywood Florida. She also asked for permission to attend. The  council granted permission for the' Town Clerk Borja to attend.  Police Department- Included in Packet. Community development- Included in Packet Public Works- Included in Packet.  TOWN ATTORNEY COMMENTS: Made no comment.  COUNCIL COMMENTS:  Mayor Kehoe commented that the Budget Workshops will be on August 20,2024 and on Roberson asked the Town. Attorney Maxwell to reach out to CPA Mike for a receipt for a Motion made by Slavens and a second by Mathis to dismiss the Town's contract law firm, Christman Law, P.L. based on Article II, Section 5, (a) Florida Constitution and reaffirmed in Florida. Attorney General opinion in 2006-07 on Dual Office Holding by Police Chiefas City Manager, which states: "No person shall hold at the same time more than one office under the government oft the states and the counties and municipalities therein, except any office may be a  August 27, 2024.The trim notice will be for September 10, 2024.  refund check.  Minutes prepared by. Jacqueline Borja    August 6, 2024, Regular Council Minutes  Page 4  member ofas statutory body having only advisory powers."- "This constitutional provision prohibits aj person from simultaneously serving ini more than one state, county, or municipal The contract with Law Firm, Christman Law, P.L. has failed in their fiduciary responsibility to have the Town ofLake Hamilton in compliance with all applicable statutes that govern the Town. Therefore, Slavens motion is to dismiss the Town's contract law firm, Christman Law, A roll call vote was taken. Slavens aye, Wagner aye, Roberson aye, Mathis aye and Kehoe nay. Motion made by Slavens and a second by Mathis to immediately contract an Interim Town Attorney and then properly post the position for aj permanent contracted Town Attorney with the Attorneys being interviewed and voted on by the Lake Hamilton Town Council. A roll call vote was taken. Slavens aye, Wagner aye, Roberson aye, Mathis aye and Kehoe nay. Motion passed Motion made by Slavens and a second by Mathis to dismiss the Town's contract law firm, Christman Law, P.L. based on Article II, Section 5, (a) Florida Constitution and reaffirmed in Florida Attorney General opinion in 2006-07 on Dual Office Holding and immediately terminate Michael Teague as the Interim Town Manager, without prejudice, which includes the following Town Manager functions ofany and all access to the Town Hall (excluding public areas), operational software, records and financial records. Therefore, Slavens motion is to bring Lake Hamilton immediately into compliance with. Article II, Section 5, (a). Florida Constitution. A roll call vote was taken. Slavens aye, Wagner aye, Roberson aye, Mathis aye and Kehoe nay. Motion Motion made by Slavens and a second by Mathis to immediately contract an Interim Town Administrator and then properly post the position for aj permanent contracted' Town Administrator with the candidates being interviewed and voted on by the Lake Hamilton Town Council. A roll call vote was taken. Slavens aye, Wagner aye, Roberson aye, Mathis aye and Motion made by Slavens and a second by Mathis for] Lake Hamilton to correct Mayor Khoe's malfeasance of leadership by directing the Town Council to violate Article II, Section 5, (a) Florida Constitution's Dual office holding law. To make this correction Lake Hamilton will notify proper authorities and: file a complaint citing Article IV Section 7(c), Section 112.51(1), Florida Statues, which "provide that the Governor may suspend from office any elected municipal officer for malfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform official duties." All in consensus. Motion passed 4-0  office, regardless of whether elected or appointed."  P.L.Town Attorney Maxwell commented.  Motion passed 4-1.  4-1.  passed 4-1.  Kehoe nay. Motion passed 4-1.  Mayor Kehoe resigned  The Council accepted Mayor Kehoe resignation Vice Mayor Wagner was appointed Mayor.  Minutes prepared by. Jacqueline Borja    August 6, 2024, Regular Council Minutes  Page 5  Motion made by Mathis and a second by Slavens to have a Special Meeting on August  9, 2024, at 5:00 pm.  AIl in consensus. Motion passed 4-0  ADJOURNMENT: consensus. Motion Passed 4-0.  Motion made by Roberson and a second by Slavens to adjourn the meeting at 7:49 PM. All in  ATTEST:  AulWiyn Marlene Wagner, Mayor  BoraTown Clerk   Brittney Sandoyal,  Administrator  Ahal  0  Minutes prepared by Jacqueline Borja