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City Commission Minutes 08-03-2010
REGULAR COMMISSION MEETING
AUGUST 3, 2010
6:30PM

A.  CALL TO ORDER
Mayor Randall called the Commission Meeting to order at 6:30PM.
Invocation- Commissioner Roberts
Pledge of Allegiance- Commissioner Carter

City Commission Present: Commissioners Carter, Carlton and Roberts, Vice Mayor Surrency and Mayor Randall.

City Staff Present: City Manager Smyth, City Attorney Harris, City Clerk McGruder and City Planner Chris Dawson.

B.  APPROVAL OF AGENDA
Moved to approve the agenda
Motion- Commissioner Roberts                    Second- Vice Mayor Surrency
Discussion – None

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

Vote- 5-0

C.  RECOGNITIONS & GUESTS
None

D.  COMMITTEE REPORTS/PRESENTATIONS/PROCLAMATIONS
None

E.  CITIZEN COMMENTS
None

F.  ROUTINE ITEMS
1.  City Commission Minutes
    July 14 & 15 CIP Workshop
    July 20, 2010 Commission Meeting

Moved to approve the July 14 & 15 CIP Workshop minutes and the July 20, 2010 Commission minutes.
Motion- Vice Mayor Surrency                     Second- Commissioner Roberts

Discussion- None


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

Vote- 5-0

2.  A Resolution of the City of Hawthorne, Florida supporting the adoption of Alachua County Charter question three on the November 2010 general ballot; endorsing the principles of Home rule and adopting the policies set forth below to support the premise that the City of Hawthorne should have the authority to govern within its jurisdiction; providing that such authority should not be eroded.

City Clerk McGruder read the Resolution by title only.

Mayor Randall- Tried to get the Hawthorne Representative to attend the meeting tonight but he is out of town on vacation.

Interim City Attorney Harris- Received notice that a lawsuit was filed against this amendment in the Circuit Court in reference to Constitutional issues.  The City Commission may be asked in the future if you want to participate in the litigation.  The Resolution just says you are in favor of the Amendment.  She will keep the City Commission informed on the issue.

Commissioner Carlton- What does this Amendment have to do with the City of Hawthorne?

Interim City Attorney Harris- The future Charter Amendment limits municipal power.  Nothing can become effective in the City unless the majority of the electors in that City approve the Amendment.

Vice Mayor Surrency- the City Commission has already agreed to support the Home rule Amendment.  It allows us to have power over what goes on inside the City of Hawthorne.

City Commission and Staff continued this discussion.

Moved to approve the Resolution supporting the adoption of Alachua County Charter question three on the November 2010 general ballot.
Motion- Vice Mayor Surrency                     Second- Commissioner Carter

Discussion- None



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

Vote- 4-1

3.  A Resolution of the City Commission of the City of Hawthorne, Florida authorizing the Mayor and City Manager to execute a contract with Audrie M. Harris, Esq. for City Attorney services.

City Clerk McGruder read the Resolution by title only.

Commissioner Carter- Looked at the contract and was very pleased.  It is actually better than the previous contract.

Moved to approve the Resolution to hire Audrie M. Harris at the City Attorney.
Motion- Commissioner Carter                     Second- Vice Mayor Surrency

Discussion:
Commissioner Carlton- This should be bid out.  We need to cut some administration cost in this budget.

Commissioner Roberts- Did look at the contract.  The Interim City Attorney willingness to come on board and her work for the City of Hawthorne are very good and she is very knowledgeable.  Wish the Kelly Moosbrugger situation was handled differently.

Commissioner Carlton- Read Section 30:07 of the City Charter about the City Attorney position and asked why we want to change the Charter when this is in the Charter.

Vice Mayor Surrency- This is not a Charter issue, this is just a Resolution entering into a contract to hire a City Attorney just like the Charter say we can.  What Commissioner Carlton read was true and we are not changing that.

Interim City Attorney- The contract is consistent with the Charter and it provides for an annual review.  The City Commission can fire her at anytime it just requires a 30 day notice to terminate the contract and either herself or the City Commission can terminate the contract.

Staff and City Commission continued to discuss this issue.







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

Vote- 3-2

G.  PUBLIC HEARING

SECOND READING- None

FIRST READING
An Ordinance of the City of Hawthorne, Alachua County Florida, vacating and abandoning an alley way between SE 218th Street and SE 216th Terrace., as more particularly described herein; providing for legislative findings; providing for recordation and responsibilities; providing for repeal of conflicting ordinances; providing for severability; providing for non codification.

Commissioner Carter- Must excuses himself because his wife owns part of the property in question.

Chris Dawson, City Planner- Followed correct procedures for notification.  It is a vegetative piece of property.  No utilities in the alley.  4 lots on the North and 4 lots on the South.  Over the years some of the lots were combined and it is only 5 lots now.  The property is 15 ft wide and 350 ft long.  The P&Z Board suggested it be passed by the City Commission.

Commissioner Carlton- Typigraphical error on the papers.  Both lots are the same size but more square footage of the alley should have been allocated to the west lot.

Chris Dawson, City Planner- This was prepared by a registered surveyor in the State of Florida.  Will clarify this is accurate with the surveyor prior to the 2nd reading.

Commissioner Roberts- Have the property owners agreed to this and been noticed?

Chris Dawson, City Planner- All property owners have signed a quit claim deed and signed the required paperwork.  Also, proper notification was sent to the property owners.

The City Commission and Staff continued this discussion.

Moved to adopt the Ordinance to vacate and abandon the alley on SE 218th Street and SE 216th Terrace on the 1st reading.
Motion- Commissioner Roberts                    Second- Commissioner Carlton

Discussion:
Mrs. Danielle Cantanese- Thank you for adopting the Ordinance.  They plan to clear their property and fence it in to increase their property value.


Commissioner Carter
No vote (Conflict of Interest)
Commissioner Carlton
Yes
Commissioner Roberts
Yes
Vice Mayor Surrency
Yes
Mayor Randall
Yes

Vote- 4-0

H.  DISCUSSION
City Manager Smyth- Effective today the City of Hawthorne was included in the National Flood Program.  This upcoming Monday he has a meeting scheduled with USDA to discuss the projects discussed during the CIP workshop.  FPL would not start the work at the new well sight until they received payment and the check has been mailed out.  Contractor wants to put in a cheaper pump and he is not demanding they put in what they promised.

I.  CITIZEN COMMENT
None

J.  REPORTS
City Manager Smyth- None

City Attorney- None

Commissioner Carter- Ms. Vivian Wagner got a clean bill of health from her doctor, but she is still sore from the accident.  That’s why she is not here tonight.

Commissioner Carlton- Was told the water at the City Park had a bad taste in it over the weekend.  Told the lady in good faith that we are working on fixing the problem.

City Manager Smyth- Was told by Two Fold the chlorine pump went out over the weekend and it did make the water taste funny.

Commissioner Roberts- None

Vice Mayor Surrency- have not had a great response from the citizens of Hawthorne regarding the city clean up.  Did get feedback from people outside the city that is willing to come and help.  Still looking for volunteers.

Mrs. Danielle Cantanese- Just a suggestion to have the clean ups during the fall.  You may get a bigger response when the weather is much cooler.

Mayor Randall- None

K.  ADJOURN
Moved to adjourn the meeting
Motion- Vice Mayor Surrency                     Second- Commissioner Roberts
Discussion- None

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

Vote- 5-0


These minutes of the Regular Commission Meeting are submitted for approval.



                                                                                                
LaKesha H. McGruder, City Clerk                 Eleanor Randall, Mayor