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City Commission Minutes 04-20-2010
APRIL 20, 2010
COMMISSION MEETING
MINUTES

A.  CALL TO ORDER
Mayor Randall called the Commission Meeting to order at 6:30PM.  Commissioner Roberts gave the Invocation and Commissioner Surrency led the Pledge of Allegiance.
City Commission Present:  Mayor Randall, Commissioners Carter, Carlton, Surrency and Roberts.  Staff Present:  City Manager Smyth, City Clerk McGruder, Interim City Attorney Harris, and City Planner Moosbrugger.

B.  APPROVAL OF AGENDA
Moved to approve the agenda and move item G1 to C1 and remove the consent agenda and put in on the regular agenda.
Motion- Commissioner Roberts            Second- Vice Mayor Carlton

Discussion- None

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

Vote- 5-0

C.  RECOGNITIONS & GUESTS
1.  An Ordinance requesting and consenting to the inclusion of the City of Hawthorne in the Municipal Service Benefit Unit-Fire by Alachua County.

Chief Ed Bailey, Department of Safety from Alachua County went over the fire assessment process in 2007.  Chief Bailey stated this assessment has a more fare mythology.  It spreads things out fairly across the board.  1% per year increase will cover cost they have no control over.  It will not cover employee raises.  The incorporated areas in Municipal Service Benefit Unit (MSBU) are Hawthorne, Waldo, Alachua, and Archer.  Waldo and Alachua have already passed their ordinance to join the MSBU.  The mileage rate will be set in July and is based on what the property tax assessable value is.  The first public hearing for the County to adopt their ordinance is May 1 and the County needs all the small municipalities to adopt their ordinance before or no later than April 30, 2010.  The City Commission expressed that is impossible because this is only the first reading of their ordinance.

The City Commission continued to discuss this topic with Chief Bailey and other County Staff.
Interim City Attorney Harris stated the City Commission can make a motion to adopt the ordinance with the consideration that MSBU be further defined in the ordinance.

Moved to adopt the MSBU ordinance with suggestions from the Interim City Attorney to further define the MSBU in the ordinance.
Motion- Commissioner Carter                     Second- Commissioner Surrency

Discussion- None

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

Vote- 5-0

D.  COMMITTEE REPORTS/APPOINTMENTS/PRESENTATIONS/PROCLAMATIONS
1.  Presentation- Kelly Moosbrugger (NON-CITY BUSINESS)

Kelly Moosbrugger- Know the City Commission received a letter from the City Manager denying her request and she would like to explain why her fees should be paid.  Ms. Moosbrugger read a letter she submitted to the City Commission.

Mayor Randall- asked for the name of her attorney and how long did the interview take place.

Kelly Moosbrugger- Samuel A. Mutch was the attorney and she has a copy of the bill.  The interview was about 45 minutes.

Mayor Randall- was the name referred to you and if so by who?

Kelly Moosbrugger- certain people in the city said to contact Samuel Mutch.

Commissioner Roberts- Samuel Mutch was a former City Attorney and she did go to him previous to help with the former city incident, but she did not recommend Mr. Mutch to Kelly.

Vice Mayor Carlton- it was stated he paid on Commissioner Roberts attorney fees to Mr. Mutch and he did give her a small portion to help her pay her bill.  The letter spells out Kelly’s position and she is justified in asking for this money.

Interim City Attorney Harris- has not separated out billing for investigation.  Everything done for this investigation fell under her monthly retainer.
Commissioner Roberts- the money received towards her attorney bills was not paid directly to her.  The checks were sent directly to Mr. Mutch.  After reading both sides the fact is that Kelly didn’t understand where she stood with this investigation and the money should be paid.  If not all then some of it.

Vice Mayor Carlton- was not on the City Commission when he donated money to help Commissioner Roberts to pay her fees.

Mayor Randall- what type of precedent would be set if the next employee asks the City Commission to pay their attorney fees when Kelly chose to seek the attorney herself.  Why not seek direction from the City Commission?

Kelly Moosbrugger- the City Commission adopted the personnel policy and if it was followed she would have never been suspended in the first place.

Interim City Attorney Harris- did confer with the personnel rules.  There is nothing in the personnel rules that state a written warning must occur first.  The City Manager was also investigated because of allegations against him.

Commissioner Surrency- contacted Alachua Today about the article and understands Kelly’s point about her name in the paper.  Did Alton, Bill or the City Manager have legal representation?

Interim City Attorney Harris- No

Mayor Randall- appreciates all Kelly has done for this City and unfortunate this happened and we have to make a decision.  

Interim City Attorney Harris- Kelly has filed a complaint with ASO and that investigation has not been closed.

The City Commission and staff continued to discuss this issue.

Moved to table this until all investigations are complete with Alachua County Sheriffs Office and then discuss it at the first available meeting.
Motion- Commissioner Surrency                   Second- Commissioner Carter

Discussion- None

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

Vote- 5-0

E.  CITIZEN COMMENTS
Heather Surrency- thanks to everyone that helped with the Friday and Saturday cleanup.  Want to encourage everyone to view the landscape that was completed on Johnson Street.  Mrs. Surrency read a list of volunteers that participated in the cleanup.

Memory Stewart- accepting applications for the Hawthorne Library internship during the summer.  Students must have a 3.5 GPA.  They are also recognizing winners of an essay contest at the Artist Awards this Thursday at 6:30PM.

F.  AGENDA
1.  City Commission Meeting Minutes
Vice Mayor Carlton- why are we just receiving the December 17, 2009 minutes?

City Planner Moosbrugger- She was the one who took the minutes and their must have been some miscommunication but the minutes was never submitted to the City Clerk for her to place on the agenda.

Moved to approve the City Commission Minutes.
Motion- Commissioner Surrency                   Second- Vice Mayor Carlton

Discussion- None

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

Vote- 5-0

2.  Resolution approving the Welcome to Hawthorne Sign at Trailhead
Commissioner Carter- why did we choose this type of sign?

City Planner Moosbrugger- spoke with several business owners who have used this business and they recommend this business.

Commissioners Carter, Carlton and Surrency all stated this is a very expensive amount to pay for a sign.

Commissioner Surrency- maybe we could save on the cost by doing the installation ourselves.

Mayor Randall- suggests submitting other bides and presenting it back to the City Commission.

City Manager Smyth- maybe some of the materials can be purchased and quoted separately for the City of Hawthorne to purchase.

Moved to table this Resolution and get two other quotes for comparison with similar graphing.
Motion- Commissioner Surrency           Second- Commissioner Carter

Discussion:
Mary Merrifield- Ms. Moosbrugger would have to get other design models as well from the other companies.


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

Vote- 5-0

3.  Resolution adopting the Handbook for Appointed Boards & Commission
Commissioner Roberts- read the Handbook and thanks the City Manager for putting it together.  Would like to ask the Commissioner Surrency to do research and see what the Florida League of Cities have to offer.

Commissioner Carter- read over it twice and it has the same verbiage as the Florida League of Cities.

City Manger Smyth- the handbook can be amended easily and at anytime by a resolution.

Moved to approve and adopt the Handbook for Appointed Boards and Commissions and if there are any changes to bring them back before the City Commission.
Motion- Commissioner Surrency                   Second- Commissioner Carter

Discussion- None

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

Vote- 5-0

4.  Resolution approving the purchase of a replacement lawn mower from Lazenby Equipment, Inc. of Hampton, FL for use of the Utility Department and minimum use by the Street Department.
Vice Mayor Carlton- how do we advertise for bids?

City Manager Smyth- we go to different vendors and ask them for a quote.  This lawnmower has been out of use for over 2 years.  The axel is broken.  We have a residential mower and using it for commercial purposes.  We were using the mower at a higher rate than it was designed for.

The City Commission and staff continued to discuss this issue.

Moved to adopt the Resolution to purchase a 72” Kawasaki lawn mower.
Motion- Commissioner Carter                     Second- Vice Mayor Carlton

Discussion- None

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

Vote- 5-0

5.  Resolution releasing the lien on certain property located at 22548 SE 73rd Avenue
Interim City Attorney Harris- spoke with Code Officer Al Davis before he went on vacation.  The property owner has addressed the City Commission previously when she spoke under citizen comments about the lien on the property.  Al Davis recommends the City of Hawthorne release the lien.  The property is in compliance.

Moved to adopt the Resolution to release the lien on 22548 SE 73rd Avenue.
Motion- Commissioner Carter                     Second- Vice Mayor Carlton

Discussion- None

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

Vote- 5-0

6.  Resolution releasing the lien on certain property located at 501 NW 7th Street
Commissioner Surrency- must remove himself because his father is representing Mr. Reeb on this property.

Interim City Attorney Harris- contacted by Mr. Reeb’s attorney Mr. Ron Surrency stating Mr. Reeb would like to sign over the property to satisfy the lien.

Mr. Ron Surrency spoke on behalf of Mr. Reeb and answered questions from the City Commission.

Moved to pay the fees and acquire the property from Mr. Kirk Reeb.
Motion- Vice Mayor Carlton                      Second- Commissioner Carter

Discussion- None

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

Vote- 4-0

H.  CITIZEN COMMENT
Larry Tilbury- how many lawn mowers does the City have?

City Manager Smyth- one mower that is currently working.

I.  REPORTS
City Manager Smyth- City Commissioners can pick up a copy of the quarter report.  If it’s not usable please let him know.  Supervisor of Election Pam Carpenter is visiting Hawthorne Middle High School on April 29 to register students to vote.  New utility bill payment window hours will be 8:30AM-4:00PM Monday through Friday.  The office will still be open 8:00AM-5:00PM.  With Pat leaving this will allow Brenda time to back up all the computers.

Interim City Attorney Harris- no report

Commissioner Carter- relay for life meeting Monday at the High School on May 21 at 5:30PM.

Commissioner Roberts- annual Freddie Womack 1st Annual Celebration in Newberry, FL on April 24, 2010.  She will be recognized at this event it’s from 2:00PM-6:00PM.

Commissioner Surrency- CRC met last night and they passed the Home rule Charter.  Final one will be in June.  If it is passed it will give more power to local municipalities.  Friday night is senior night for Softball and Baseball Teams at 4:30PM, Basketball Awards Banquet this Wednesday.

Vice Mayor Carlton- voted to give the City of High Springs 3 cars by a vote of 3-2.  Read a letter from the City of High Springs that stated we did not owe them any more money based on guns given to them for past communication services.  Why was City Manager contract not on agenda tonight?  

Mayor Randall- she was going to address that issue under her reports but since Vice Mayor has brought it up we can make a decision now.

Moved to have a workshop on this Friday at 10:00AM to discuss the City Manager’s contract.
Motion- Vice Mayor Carlton                      Second- Commissioner Surrency

Discussion- None

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

Vote- 5-0
Mayor Randall- has looked at 2 engineer reports and is returning them back to the City Manager.  If anyone wants to view them they are available.  Spoke with Gail Monahan about the Pleasant Gardens subdivision that provides subsidized housing and they are asking the City of Hawthorne to partner with them to help bring those houses up to standard.

J.  ADJOURN
Moved to adjourn the Commission Meeting at 8:45PM.
Motion- Commissioner Surrency                   Second- Commissioner Carter

Discussion- None

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

Vote- 5-0


These minutes of the April 20, 2010 City Commission Meeting are submitted for approval.


                                                                                                
LaKesha H. McGruder, City Clerk                 Eleanor Randall, Mayor