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City Commission Minutes 02-16-2010
 MINUTES
REGULAR COMMISSION MEETING
FEBRUARY 16, 2010

A.  CALL TO ORDER
Mayor Randall called the meeting to order at 6:30PM.  Commissioner Roberts gave the Invocation and Commissioner Surrency led the Pledge of Allegiance.

City Commission Present: Commissioners Carter, Roberts and Surrency.  Vice Mayor Carlton and Mayor Randall.
City Staff Present:  City Manager Smyth, City Clerk McGruder, Interim City Attorney Harris and Recreation Director Damon Messina.

B.  APPROVAL OF AGENDA
Moved to approve the agenda
Motion- Commissioner Surrency           Second- Commissioner Carter

Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

C.  RECOGNITIONS AND GUESTS
None

D.  COMMITTEE REPORTS/APPOINTMENTS/PRESENTATIONS/PROCLAMATIONS

1.  Report- Police & Fire Surplus
City Manager Smyth- The majority of the surplus has been sold.  We owe $40K on the Spartan Fire Truck and our asking price is $42K.  Two local governments have expressed interest at our asking price.  The 1987 Pumper has no retail value.  Pine Log Volunteer Fire Department has a budget of $4,500.00 and recommends the City donate the 1987 Pumper to them.  Also, Chief Flynn of West Putnam Volunteer Fire Department has asked that we donate a car to them.

Commissioner Roberts- Has no objection to the donation to West Putnam because they are local.  We should look locally for the 1987 Pumper.

City Manager Smyth- He did seek local government and they all said the 1987 Pumper was too old.

Vice Mayor Carlton- All the items have value and should be properly appraised.  We brought the items and we can not afford to give them away.  We should at least seek to get revenue from the surplus items. The City Manager gave away the city’s grader without seeking the City Commission.

Commissioner Roberts- Agree the vehicles were donated and the pumper should be sold to see what we should get out of it.

City Manager Smyth- When he first arrived he was told to get rid of all the surplus equipment that could not be repaired.

Commissioner Carter- Did we not vote to pass an Ordinance to sell the surplus property?

Moved to display the pumper on HWY 301 for 15 days and if we don’t receive an offer donate the pumper to Pine Log Volunteer Fire Department.
Motion- Commissioner Carter             Second- Vice Mayor Carlton

Discussion:
Commissioner Roberts- We need to do other advertisement and may be consider 30 days to give people more time to see it.

Commissioner Carter- The truck has out lived its life as a pumper truck.  May be we should offer $500.00 as a purchase price.

City Manager Smyth- The City has no property on HWY 301 except the City Park and there is no where to park the pumper.  If someone knows of a property owner that is willing to allow us to park it on their property to sale he is open for suggestions.

The previous motion and second was withdrawn.

Moved to direct the City Manager & City Commission to research property owners on HWY 301 or State Road 20 to see if they are willing to display the 1987 Pumper with $1000.00 on the window and negotiate no lower than $500.00 for 30 days.
Motion- Commissioner Surrency           Second- Commissioner Carter

Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

Moved to adopt the resolution to donate one vehicle to West Putnam Volunteer Fire Department.

Motion- Commissioner Carter                     Second- Commissioner Surrency

Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

City Clerk McGruder read the resolution by title only

Vice Mayor Carlton- We should not give them the better vehicle.  Save the best vehicle to sale for cash.

Vote- 5-0

2.  Proclamation- 2010 Census Count Committee for Alachua County
Mayor Randall read the Proclamation in its entirety.

3.  Proclamation- Spay Day
Mayor Randall read the proclamation in its entirety.

E.  CITIZEN COMMENTS
None

F.  CONSENT AGENDA
Moved to approve the consent agenda and pull items 2 through 6 for discussion.
Motion- Commissioner Roberts                            Second- Vice Mayor Carlton


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

2.  Resolution authorizing Mittauer & Associates to prepare the FDEP Renewal Applications for the Wastewater Treatment Plant

Commissioner Carter- On the schedule of fees #5.  How do we determine if its feasible or not feasible?

City Manager Smyth- Not required to perform the feasibility study.  We don’t have a large enough daily volume.  Right now we are not required to pay the $10K unless FDEP comes back and say so.  If they do it will not be this Fiscal Year.

Commissioner Carter- So we will only pay $6,500.00?

City Manger Smyth- That is correct

Commissioner Roberts- What is the engineer hourly rate?

City Manager Smyth- Guessing it’s about $125-$200 per hour.  It depends on the complexity of what we are asking them to do.

Moved to adopt the resolution authorizing Mittauer & Associates to prepare the FDEP Renewal Applications for the Wastewater Treatment Plant.
Motion- Commissioner Surrency                   Second- Commissioner Carter


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

3.  Resolution authorizing approval of the proposal to replace the 24” X 48” lights in the City Commission Chambers & the Customer Service area at City Hall

Vice Mayor Carlton- What type of lights will be put up at City Hall?

City Manager Smyth- We are replacing what we have with high efficiency lighting.

Mayor Randall- Will the money come from the CRA?

City Manager Smyth- No it will come from the general fund, utility fund and CRA fund.

Commissioner Surrency- CRA fund is not listed on the agenda memo.  CRA should not help with the cost.  We have already spent enough money inside City Hall with the CRA money.

City Manager Smyth- Apologize, the CRA should have been listed. The money is already accounted for in the CRA budget.

Moved to adopt the resolution to approve the proposal to replace the 24” X 48” lights in the City Commission Chambers & the Customer Service area at City Hall.

City Clerk McGruder read the resolution by title only.

Motion- Commissioner Carter                     Second- Commissioner Surrency





Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

4.  Resolution authorizing a contract with Tony Brost LLC for electrical repairs at the Hawthorne Sports Park.

Commissioner Roberts- Do we have money with FRDAP and Wild Spaces Public Places to cover all three items.

Recreation Director Messina- Yes we do.

City Clerk McGruder read the resolution by title only.

Moved to approve the contract with Tony Brost LLC for electrical repairs at the Hawthorne Sports Park.
Motion- Commissioner Roberts            Second- Vice Mayor Carlton


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

5.  Resolution authorizing the purchase of 125 tons of clay from Mid-Fla Hauling for 4 ball fields at the Hawthorne Sports Park.

Commissioner Roberts- Had the same questions about the funding to make sure the finances were available.

Commissioner Carter- No quote prices for labor or turface.  Can not vote on something with out complete breakdown of cost.

Moved to table this itme.
Motion- Commissioner Carter                     Second- Vice Mayor Carlton

Discussion:
Commissioner Roberts- The items was pulled because she was concerned about the overall vision of the recreation park and where are we going with it?

Recreation Director Messina- When he arrived at the park, the park had been neglected for quite sometime.  He is trying to get things organized in a shortage of hours.  The fields need to be ready as soon as possible because the baseball & softball season begins March 20 and he’s ready to see results.

Commissioner Surrency- We have done contingency before and think this should be one of the cases.  Am aware of the work that’s been done at the Recreation Park and the fields are very torn up.  Practice is about to start and if we delay passing this it will delay the season opening day and revenue coming to the City.

City Manager Smyth- A motion can be made to adopt the resolution as long as the fees do not exceed the amount in the agenda memo.

The previous motion and second was withdrawn.

City Clerk McGruder read the resolution by title only.

Moved to adopt the resolution to purchase of 125 tons of clay from Mid-Fla Hauling for 4 ball fields at the Hawthorne Sports Park as long as the price don’t exceed the amount in the agenda memo of $8,053.75 and if it does it will not be paid.
Motion- Commissioner Carter                     Second- Vice Mayor Carlton


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

6.  Resolution authorizing the purchase of ball field equipment from BSN Sports for the Hawthorne Sports Park.

Commissioner Roberts- The question was previously answered.

Commissioner Carter- Out of all the suppliers, we don’t have any local suppliers?

Recreation Director Messina- Honestly believe BSN provides the best equipment.

Commissioner Roberts- How much money do we have with the Wild Spaces Public Places? And can this money be used at the other parks?

City Manager Smyth- Can not give direct figures with out analysis from Pat or Kelly.  Yes this money can be used at the other parks.  We have 3 projects going on: the Recreation Park, the City Park on HWY 301 and the Hawthorne/Gainesville Trail.

Vice Mayor Carlton- We need a breakdown at the next meeting about the Wild Spaces Public Places finances because we should not spend all the funds at the recreation ball park.

City Clerk McGruder read the resolution by title only.

Moved to adopt the resolution to purchase of ball field equipment from BSN Sports for the Hawthorne Sports Park.
Motion- Commissioner Surrency                   Second- Commissioner Carter


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

G.  PUBLIC HEARING
A.  SECOND READING
1.  Ordinance to vacate utility easement in Ashley Oaks
City Manager Smyth- Staff recommends approval of this ordinance.

City Clerk McGruder read the ordinance by title only.

Moved to adopt the Ordinance to vacate the utility easement in Ashley Oaks on 2nd reading by title only.
Motion- Commissioner Carter                             Second- Commissioner Surrency

No Public Comment on this Ordinance


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

B.  FIRST READING
1.  Ordinance to vacate road to First Methodist Church

Commissioner Surrency- Must remove himself do to conflict of interest.

Interim City Attorney Harris- This item was brought before the City Commission in October 2009 for direction.  The First United Methodist Church came and ask the City to vacate some property for them to expand.  We could not find ownership records as to how the City became owners of this property.  An email is provided from former Interim City Manager Chapman that stated she spoke with Bill Cuthbert who confirmed no city utilities lie under the road.  This ordinance puts the city citizens on notice that this street will no longer be publically owned.

Vice Mayor Carlton- What right do we have to give away property?

Interim City Attorney Harris- The City Commission has the right to give away city property.  That’s why it is brought before you tonight because the City Commission has the final say.

Vice Mayor Carlton & Interim City Attorney Harris continued their discussion.

Commissioner Carter- Does maps from 1977 show the road runs through this property?  Is there any other documentation with Alachua County?

Interim City Attorney Harris- County records don’t show the road exists.  There is no proof who owns the property, but the City paved the road and has maintained it since 1977.

Commissioner Carter- Mr. Tilbury do you know of any plans to utilize the road?

Mr. Tilbury- Don’t know of any plans right now.  He is on the Board of Trustees and nothing has come before them.

Vice Mayor Carlton- Commissioner Surrency can not comment and should not be in the room while a conflict on interest discussion is accuring.

The City Commission discussed the City Charter and Roberts Rules of Order concerning a conflict of interest with City Commissioners on agenda items.

Commissioner Surrency gave a written statement to City Manager Smyth and left the City Commission Chambers.

City Manager Smyth read a statement from Commissioner Surrency about plans for the use of property the First United Methodist Church is asking the City Of Hawthorne to vacate.

Moved to adopt the Ordinance on 1st reading to vacate the road.
Motion- Commissioner Carter
Motion dies from lack of second

Interim City Attorney- The Church is under the impression the City Commission will approve the ordinance.  At the October 6, 2009 meeting the City Commission voted 3 to 1 to vacate the property pending no utilities are under the street.

City Manager Smyth- You can reconsider the motion.

Moved to reconsider the action of the City Commission on October 6, 2009.
Motion- Commissioner Roberts                    Second- Commissioner Carter

No further discussion.


Commissioner Carter
Yes
Vice Mayor Carlton
No
Commissioner Roberts
Yes
Commissioner Surrency
Mayor Randall
Yes

Vote- 3-1

Interim City Attorney- Will advise the Church of the City Commission actions and the Church may be asking to be on a future agenda.  You have not over turned your decision; you have reopened the issue for further discussion.

C.  DISCUSSION ITEMS
1.  Fiscal Year 2010-2011 Budget Calendar

City Manager Smyth- Presenting the budget calendar and is asking the City Commission to adopt it.

Moved to adopt the proposed budget calendar for the FY 2010-2011.
Motion- Commissioner Surrency                   Second- Commissioner Carter

Discussion:
City Manager Smyth- The City Commission should let him know how many workshops we want on the budget.

Vice Mayor Carlton- When will we get a quarterly report on the finances?

City Manager Smyth- As soon as we have one that makes sense.  We can give you the expenditures and revenues but that want tell you much.  It want tell where the money is coming from.  Will have a profit and loss statement at the next meeting.


Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

I.  REPORTS/ANNOUNCEMENTS/INFORMATION
City Manager- None

Interim City Attorney Harris- None

Commissioner Carter- None

Vice Mayor Carlton- None

Commissioner Surrency- Earlier he was just trying to answer questions.  I was not trying to advocate either way. Just went to workshop on this same issue.  At the October 6 meeting he had to excuse himself but the majority of the City Commissioners said he didn’t have to leave he just can’t vote.

Commissioner Roberts- Was not trying to say Commissioner Surrency was advocating for the Church.  If he was allowed to stay at the previous meeting then we were wrong.  We will all make mistakes but we make them in love.  Also, what is the update on the Nite Owl invoice?
City Manager Smyth- It was taken care of.  The City Commission agreed to pay it.  Commissioner Roberts- Would like to see a copy of that, please.
Vice Mayor Carlton- It was not brought before the City Commission.  When I questioned about it, you said it was handled and decided to pay it off.
Commissioner Roberts- When will the engineer be done accessing the medical building?  And the $500K we received from Tallahassee back in 2006, would like a paper trail on what the money was used for.  Don’t have the dates but I will get the dates to you.
City Manager Smyth- Have a call into Tim Norman but have not heard back from him on an update for the engineering.

Mayor Randall- 2010 Census is looking for volunteers from the Hawthorne area to go through the training process.

J.  ADJOURN
Moved to adjourn the City Commission Meeting.
Motion- Commissioner Surrency           Second- Commissioner Roberts

Commissioner Carter
Yes
Vice Mayor Carlton
Yes
Commissioner Roberts
Yes
Commissioner Surrency
Yes
Mayor Randall
Yes

Vote- 5-0

These minutes are submitted for approval.

                                                                                                
Eleanor Randall, Mayor                          LaKesha H. McGruder, City Clerk