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City Commission Minutes 04-12-2011
MINUTES
REGULAR COMMISSION MEETING
APRIL 12, 2011

A.  CALL TO ORDER- Mayor Randall
        1.  Invocation- Mayor Randall
        2.  Pledge of Allegiance- Commissioner Carter

City Commission present:  Commissioners Carter, Carlton and Roberts, Vice Mayor Surrency and Mayor Randall.  City Staff present:  ICM Vause, City Attorney Harris, City Clerk McGruder, and City Planner Dawson.

B.  APPROVAL OF AGENDA
Moved to approve the agenda with amendments
Motion- Commissioner Roberts            Second- Commissioner Carter
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
Ms. Vivian Wagner- Motion was made to pay Mr. Donnie Pearson $10/day.  He received only one pay check and that was 3 months ago.  What is the status on him getting paid?
City Attorney Harris- Staff discovered there were issues with insurance and taxes.  The Commission suggested having a fund raiser to raise the money to pay him.
Vice Mayor Surrency- If he recollects it was a discussion about joining the fund raiser for Mr. Pearson with another city fund raiser.
Commissioner Roberts- This discussion has been going on long enough and it needs to be resolved.
ICM Vause- Have had difficult issues that could have been troublesome for the City because Mr. Pearson has asked people to leave the park and because he’s not an official city employee the people felt he didn’t have any right asking them to leave.  We can consider paying him through Wild Spaces Public Places.
Discussion continued.

F.  ROUTINE ITEMS
1.  City Commission Minutes
March 15, 2011 City Commission Meeting
March 22, 2011 City Commission Workshop
Moved to approve the minutes with corrections
Motion- Vice Mayor Surrency                     Second- Commissioner Roberts

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

Vote- 5-0

2.  Resolution for Solid Waste Collection & Disposal Rates
City Attorney Harris- The city has not been charging any handling fees for commercial accounts and other special services related to the collection of solid waste.  The handling fee is necessary in order to cover the staff costs associated with billing and collections.  Staff is recommending a 15% increase on commercial hand pick up and 11% increase for dumpsters.  This was advertised in the newspaper.

City Clerk McGruder read the Resolution by title only.

Moved to approve the Resolution on increase the garbage rates for commercial.
Motion- Vice Mayor Surrency                     Second- Commissioner Carter

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

Vote- 5-0

3.  Resolution for Candidates Qualifying for the 2011 Annual Election
City Clerk McGruder read the Resolution by title only and Section 1 & 2 of the Resolution.
Moved to approve the Resolution for candidate qualifying for the 2011 annual election
Motion- Vice Mayor Surrency                     Second- Commissioner Roberts





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

Vote- 5-0

4.  Selling of City Property
ICM Vause- City owns several pieces of property and it is the responsibility of city staff to maintain these properties.  Staff is asking for direction to determine if and which properties should be sold.

Moved to direct staff to review which property should be sold and report findings back to the City Commission.
Motion-Commissioner Roberts                     Second- Vice Mayor Surrency

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

Vote- 5-0

5.  Public Health Building / Senior Center
ICM Vause- We had a workshop on the old health building.  Staff needs direction from the City Commission as what they would like to do with the property.

Commissioner Carlton- Should not sell until we get the auditors reports.

Moved to not put the old health department building on the for sale list at this time.
Motion- Commissioner Carlton            Second- Commissioner Roberts
Discussion:
Commissioner Carter- The building should be salvaged but we should hold onto the land for right now.

Commissioner Carlton- Agree with Commissioner Carter

Commissioner Roberts- Agree the building cannot be restored but we need to decide what to do with the building that is there.

Vice Mayor Surrency- We may be better off putting out RFP’s for salvage of the building.

Commissioner Carlton rescinded his motion and Commissioner Roberts rescinded her second.

Moved to put out RFP’s to have the building salvaged but do not list the property for sale at this time.
Motion- Commissioner Carlton            Second- Commissioner Roberts

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

Vote- 5-0

6.  Water & Sewer Rate Study
ICM Vause- Ordinance 2006-04 requires us to do a water rate study every 5 years.  Staff needs permission to contact the Rural Development to do the rate study.

Commissioner Roberts- Is there a cost associated for this study?

ICM Vause- Rural Development will do it for free.

Moved to allow staff to contact Rural Development to do a rate study.
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

G.  PUBLIC HEARING
        1.  SECOND READING
        A.  LDR 10-4 Manufactured Bldg Text Amendment 1st Reading
City Planner Dawson- This is the 2nd reading of LDR 10-4 on manufactured buildings and standards.  While reviewing applications for building permits within the city, staff discovered the City’s LDRs do not allow placement of Department of Community Affairs certified manufactured buildings within RSF 1, 2 & 3 Zoning Districts.

City Planner Dawson gave a presentation on different roof pitches and elevations above grade on homes.

Discussion by City Commission and Staff.

Moved to pass LDR 10-4 on 2nd reading with a minimum of 5-12 roof pitch, no more than a 3 foot floor rise and a minimum of 12 inch over hang.
Motion- Vice Mayor Surrency                     Second- Commissioner Carter


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

Vote- 5-0

2.  FIRST READING
A.  Code Enforcement Liens
City Attorney Harris- The changes allow the code enforcement board to access staff costs at the time they find a violation – in addition to the fine they impose.  Additionally, the ordinance provides a procedure to be followed once a lien is filed and a request for reduction is made.  In that case, the owner would have to pay the costs imposed by the code board and bring the property into compliance before the Commission would even consider reducing the lien.

Moved to adopt the Code Enforcement lien on 1st reading
Motion- Vice Mayor Surrency                     Second- Commissioner Carlton

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

Vote- 5-0

H.  DISCUSSION
1.  Budget Workshop Friday, April 15, 2011 @ 10AM
ICM Vause- FYI, there is Budget Workshop this Friday, April 15, 2011 @ 10AM.

2.  Storm Water Pond @ Recreation Park
ICM Vause- A storm water pond should have been placed at the ballpark and the City has received a letter of noncompliance from St John’s Water Management.

City Commission and Staff discussion.

3.  outside Burning
ICM Vause- Had a citizen to request the City to create and include outside burning for the City so the CEO can enforce outside burning issues.

Commission Carter- Suggest getting Ordinances from other cities our size and see which fits our city.

Vice Mayor Surrency- Alachua County already have guidelines we should just strictly enforce them.

4.  WWTP Expansion
ICM Vause- We are near capacity at the WWTP.  We originally had plans to expand the WWTP but budget restraints has put a hold on that.  We are trying to rescope the DEP Grant so the DEP Grant will pay for the Engineering cost for the smaller expansion.  

5.  Letter regarding Mr. Ed Smyth
Commissioner Roberts- In regard to the attorney letter for Mr. Ed Smyth, we need to handle this immediately.  Our City Attorney has already done a great job responding to Mr. Smyth’s attorney letter.

City Attorney Harris- Mr. Smyth owes the City about $2,300 which was due on April 1, 2011.  Mr. Smyth hired an attorney to dispute these claims saying he owes this money, saying he was fired inappropriately based on the city charter, and him not receiving all his retirement money.  Due to the response from Mr. Smyth’s attorney, we may have to schedule a close litigation which will not be open to the public because you do not want to show your hand.

I.  CITIZEN COMMENTS
Mr. Larry Tilbury- Mowing season has begun.  Would like to see the City keep the unmowed lots violation and cited through Code Enforcement.

Ms. Vivian Wagner- When you raise water rates remember the seniors in the City that rely on social security.  Is it true that city employees pay nothing for health insurance?
ICM Vause- It is a common practice for City’s of our size to pay 100% for employee health insurance.  We polled several City Clerks gathering information and they all pay 100% of employee’s health insurance.

J.  REPORTS/ANNOUCEMENTS/INFORMATION
ICM Vause- Gave an update on Staff, Audit, Great American Clean Up, Florida Bike Week, Well House Roof, Fire House Roof theft, Asbestos at Fire House, Disk needed at WWTP, clutch for bush hog, volunteer work done on fire truck by Mr. Jeff Miller of Keystone, CD located with a map of city water & sewer lines, and meeting with FDOT and PLC/LOCHECC.

City Attorney Harris- Spoke with auditors and there will be some documents coming before the City Commission regarding the Hawthorne Cemetery Association.

Commissioner Roberts- thank you to everyone that came out and participated in the Hawthorne Life Enrichment Program.

Commissioner Carlton- None

Commissioner Carter- Thank you to the ICM for a great report.  Would like to see the City Commission send a letter to Mr. Jeff Miller for his volunteer work on the fire truck.  It is in the best interest of the City that he do not seek re-election for his Commission seat.  Thank you to the City Commission for allowing him to serve with them these past two years.

Vice Mayor Surrency- Hawthorne Homecoming is the last Thursday in June on the 30th and the parade is that Saturday, July 2, 2011.  Have enjoyed serving with Commissioner Carter for the past two years.

Mayor Randall- All her comments have already been announced, but would like to thank Commissioner Carter publically for his support to her while serving as the Mayor for the City Commission, it has been a great pleasure serving with you.

K.  ADJOURN
Moved to adjourn the meeting at 9:15PM.
Motion- Commissioner Carter                     Second- Commissioner Carlton

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