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City Commission Minutes 12-14-2010
REGULAR COMMISSION MEETING
DECEMBER 14, 2010
6:30PM

A.  CALL TO ORDER- Mayor Randall
1.  Invocation- Mayor Randall
2.  Pledge of Allegiance- Vice Mayor Surrency

City Commission Present:  Commissioners Roberts, Carlton and Carter, Vice Mayor Surrency and Mayor Randall.  Staff Present:  City Manager Smyth, City Attorney Harris, City Clerk McGruder and City Planner Dawson.

B.  APPROVAL OF AGENDA
Moved to approve the agenda
Motion- Commissioner Carlton            Second- Commissioner Roberts
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
Moved to approve the November 16, 2010 Regular Commission Minutes
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

Moved to approve the December 7, 2010 Regular Commission Meeting Minutes with amendments.
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

2.  Quick Claim Deed- Mr. Ben Campen
City Attorney Harris-  The City Commission should be aware that our LDR prohibits billboards on public property unless erected or maintained by a public body or a semi-public body and provided that such sign is approved by the City Commission.  If the signs currently comply with the LDR they will be violation of the regulations once the property is owned by the City.  If the City accepts the proposal the City should declare the sign none conforming.  An agreement was prepared but Mr. Campen objected to one statement in the agreement.  Would like to do a title search on the property.

Commissioner Roberts- Shouldn’t we have done the title search before this process?

City Attorney Harris- We just discussed this last week and it would not be ready for tonight’s meeting.  The earliest may be December 31 of this year.

Commissioner Surrency- Can we make a decision contingent on that if we receive a clear title search?

City Attorney Harris- Yes we can.

Mr. Ben Campen- According to his legal advisors what the City of Hawthorne signed in 2005 this property is still zoned commercial because no legal process was done to change the zoning.  Brought a deed with him tonight to see if the City of Hawthorne is willing to accept his agreement.  Have done all he can do to work this out amicably.

Vice Mayor Surrency- Thinks it’s a great idea but ethically he can’t say its zoned commercial when it’s not.  He would be lying.

City Planner Dawson- don’t have specific comments but can answer any question the City Commission may have.  Can’t find detail records of the discussion after the deeds were signed.  What I can tell you is that based on his professional opinion based on the adoption at the very least the land use map is subsequent to the City’s adopted comprehensive plan in 1991 that those properties correctly have a future land use destination of residential property.  The entire City had a land use change based on that map.  The land use of that property is appropriate.
Commissioner Carter- Have a problem with the billboards being on the City property and the owner make money from the billboards on City property.  

Mr. Ben Campen- Is not transferring the rights of the billboard to the City of Hawthorne.  He doesn’t own the sign.  He’s only transferring the property.  The City of Hawthorne would not own the sign that sits on the property.

Mr. Wayne Shaw, Ms. Cheryl Elmore, Ms. Heather Surrency, Ms. Vivian Wagner all spoke on this issue.

Discussion continued

Moved to accept the property with provisions that after the City get the deed to the property we come back and change it at a later date.

Motion- Commissioner Carlton            Second- None

Moved to schedule a Special Meeting on December 28, 2010 at 6:30PM on the Ben Campen property for 2nd reading.
Motion- Commissioner Roberts            Second- Commissioner Carlton

Discussion:
City Manager Smyth- He neither the City Clerk will be in town that week.
Vice Mayor Surrency- Will not be present but will submit a letter in favor of it.


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

Vote- 5-0

3.  Tax sale on property at 6522 SE 215th Street
Mayor Randall- Item was tabled at the last meeting because a citizen wanted to check with his church and they are interested in buying the property.

Commissioner Carter- Think the City Commission should not act on this property and allow the Church to purchase it.

Moved to not act on this property and the Galilee Baptist Church permission to try and purchase the property.
Motion- Commissioner Carter                     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

4.  PLC Contracts (LOCCHEC)
City Attorney Harris- This is an option agreement for purchase of the LOCCHEC property.  Must exercise option to purchase by May 11, 2011.  Must approve project plan and option agreement.

Commissioner Carter- Asked for clarification on the City’s financial obligations.

Mr. Robert Blunt- We have the money from private donors to cover the closing cost.

Moved to approve the option agreement to purchase the LOCCHEC property.
Motion- Vice Mayor Surrency                     Second- Commissioner Carlton
Discussion: None

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

Vote- 5-0

Moved to approve the project plan and allow staff to sign the plan and send off the proper documents.
Motion- Vice Mayor Surrency                     Second- Commissioner Carlton
Discussion: None

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

Vote- 5-0

5.  Charter Review Appointments
Mayor Randall- Commissioner Roberts will be the City Commission representative because she has served two consecutive terms.  Asking each Commissioner to nominate someone to serve.
Vice Mayor Surrency- Ms. Cheryl Elmore
Commissioner Carter- Mr. Leonard Jones
Commissioner Roberts- Mr. Ray Daniel
Commissioner Carlton- Mr. Jeff McMeekin

City Attorney Harris- will notify the Board Members of their duties.

Commissioner Carlton- Thought he was to represent the City Commission also because he served to consecutive years before?

City Attorney Harris- If you have served two consecutive years then yes you are allowed to serve also but we need to cancel one of the other appointments.

Moved to nominate Commissioner Roberts, Mr. Jones, Mr. Daniel, Ms. Elmore, Mr. McMeekin and Commissioner Carlton as an alternate.
Motion- Vice Mayor Surrency                     Second- Commissioner Carlton
Discussion: None

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

Vote- 5-0

G.  PUBLIC HEARING
1.  SECOND READING- NONE
2.  FIRST READING- NONE

H. DISCUSSION- NONE

I.  CITIZEN COMMENTS- NONE

J.  REPORTS/ANNOUNCEMENTS/INFORMATION
City Manager Smyth- The City did not receive the boating grant.  Thank Ms. Brenda Cooper for the decorations at City Hall she is the one responsible.

City Attorney Harris- None

Commissioner Roberts- January 6, 2011 at 2:30PM is the first meeting of the year for the Hawthorne Library.

Commissioner Carlton- None

Commissioner Carter- At the first of the year we should consider doing a city news letter.

Vice Mayor Surrency- Youth Council is doing a food drive.  The Youth Council social is on December 21 at City Hall.  “Hope for Hawthorne” in February @ Shell Elementary.  Where people can come out and mingle and get a free meal.  
Moved to put item for donation for Donnie on the next regular meeting agenda.
Motion- Commissioner Carlton                    Second- Commissioner Carter
Discussion:  None

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

Vote- 5-0

Mayor Randall- We had a super Christmas parade and thank you to the Chamber of Commerce for doing this.

K.  ADJOURN
Moved to adjourn the meeting
Motion- Commissioner Roberts                    Second- Commissioner Carter

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

Vote- 5-0

These minutes are submitted for approval.

                                                                                                
LaKesha H. McGruder, CMC                                Eleanor Randall, Mayor
City Clerk