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City Commission Minutes 09-07-2010
REGULAR COMMISSION MEETING
MINUTES
SEPTEMBER 7, 2010

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

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 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
David Dale of Florida Jaycee’s- John Cywinski asked him to come and speak to the City Commission and ask them to do a letter supporting the program so they can find locations for their meetings.  The program will help young men and women to become more oriented.  

The City Commission agreed to allow the Mayor to draft a letter supporting the Jaycee’s.

D.  COMMITTEE REPORTS/PRESENTATIONS/PROCLAMATIONS
1.  RESTITUTION OF THEFT & CODE ENFORCEMENT LIEN UPDATE
Commissioner Carlton- The City should pursue these charges and seek to get the citizens money back from Mr. Sutton and Ms. Thomas.

Attorney Harris- The City can garnish Mr. Sutton’s wages is he is working or take his property if he has any.  Regarding Ms. Thomas, she has until July 2014 to pay restitution to the City of Hawthorne or she will go to jail.

Vivian Wagner- Tired of people stealing from the City of Hawthorne and we need to be tougher.

City Commission continued this discussion.

D2.  Sergeant Nigel Lowe- He is the Sergeant servicing the Hawthorne area.  They are aware of the homes being broken into in Hawthorne.  They have suspects but they are working on gathering evidence before they make an arrest.

E.  CITIZEN COMMENTS
Jennifer Tozzo- Zoning change for Ashley Oaks should stay Residential because it will bring a lot of unwanted traffic.

Nancy Kirkland- She is a new resident in Ashley Oaks.  It is very difficult to come and go because of the structure of the HWY.  There is enough of empty Commercial property in Hawthorne.

Carrie Minglecook- Tried to come up with a positive reason for this property to be voted Commercial and didn’t come up with any.  Commercial property should stay I the down town area.

Laura Houlk- Do not want to see a Commercial building at the front of her sub division where she lives.  Too many young families live in the area and right now they feel safe in their neighborhood.  Commercial property will only bring unwanted theft to the area.

Pat McCloud- Lived in Ashley Oaks for 24 years.  Don’t want this property changed to Commercial because we have no idea what type of business will purchase that property.

F.  ROUTINE ITEMS
1.  City Commission Minutes
Moved to approve the August 17, 2010 City Commission Minutes.
Motion- Vice Mayor Surrency                     Second- Commissioner Carter
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 COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA AMENDING PERSONNEL RULES & REGULATIONS, SECTION XI (DRUG FREE WORKPLACE POLICY) REPEALING THE SECTION IN ITS ENTIRETY, AND ADOPTING A NEW DRUG FREE WORKPLACE PROGRAM AS CONTAINED IN THE AMENDED SAFETY PROGRAM DOCUMENTS.

City Manager Smyth- Passing this Resolution will give us a 7% discount on our insurance premiums.

Commissioner Roberts- Typo in 2nd paragraph.  It should say policy and not police.

Commissioner Carter- Do new hires need physicals?

City Manager Smyth- No they are not required.

Moved to approve the Resolution adopting a New Drug free workplace program as contained in the amended safety program.
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

3.  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA AMENDING PERSONNEL RULES & REGULATIONS, SECTION XIII (SAFETY PROGRAMS) REPEALING THE SECTION IN ITS ENTIRETY AND ADOPTING A NEW SAFETY PROGRAM.

City Clerk McGruder read the Resolution by title only.
Moved to approve the Resolution amending personnel rules and regulations section 8 (safety programs) and adopting a new safety program.
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

4.  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA ADOPTING THE WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE POLICY.

City Clerk McGruder read the Resolution by title only.

Commissioner Carlton- Agree it should be written off because collecting anything over 2 years old is impossible, but we should have a list to keep track in case some of these people move back in the city.

City Manager Smyth- Before we can write these accounts off we must have a policy in place for the auditor.

Moved to approve this Resolution adopting the write off of uncollectible accounts receivable policy.
Motion- Vice Mayor Surrency             Second- Commissioner Carter
Discussion – None

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

Vote- 5-0

5.  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA AUTHORIZING THE WRITE-OFF OF UNCOLLECTABLE ACCOUNTS RECEIVABLE IN THE AMOUNT OF $43,907.20.

City Clerk McGruder read the Resolution by title only.
City Manager Smyth- Just because we write these off doesn’t mean we still want try to collect these debts.  The $43K in write offs will be charged to different funds/accounts for example; water tax, water and waste water penalties, sanitation, etc.

City Commission continued this discussion.

Moved to approve the Resolution to write off $43,907.20 for uncollectable accounts receivable.
Motion- Vice Mayor Surrency     Second- Commissioner Carter
Discussion – None

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

Vote- 5-0

6.  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE LEASE/PURCHASE OF COMPUTER EQUIPMENT FROM HEWLETT PACKARD.

City Clerk McGruder read the Resolution by title only.

City Manager Smyth- This was discussed during the CIP Workshop.  Got a consensus from the City Commission that this is needed.  The lease term is for 39 months with Hewlett Packard.

Vice Mayor Surrency- We don’t pay anything for the first 3 months which is good because that will take us into the beginning of the next FY.

Commissioner Carlton- This was never discussed.

Commissioner Roberts- This was discussed previously but it was discussed at a workshop.

Moved to approve the Resolution authorizing the Mayor to execute an agreement with Hewlett Packard for computer equipment.
Motion- Commissioner Carter     Second- Commissioner Roberts

Discussion – None

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

Vote- 5-0

G.  PUBLIC HEARING
SECOND READING- NONE

FIRST READING
1.  (CPA 10-2) AN ORDINANCE OF THE CITY OF HAWTHORNE, FLORIDA RELATING TO AN AMENDMENT OF TEN OR LESS ACRES OF LAND TO THE FUTURE LAND USE PLAN MAP OF THE CITY OF HAWTHORNE COMPREHENSIVE PLAN, AS AMENDED, PURSUANT TO AN APPLICATION BY THE PROPERTY OWNERS, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUES, AS AMENDED; PROVIDING FOR CHANGING THE LAND USE CLASSIFICATION FROM RESIDENTIAL MEDIUM DENSITY TO COMMERCIAL OF CERTAIN LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF HAWTHORNE, FLORIDA; PROVIDING SEVERABLILITY; REPEALING ALL ORDINANCES IN CONFLICT.

City Planner Dawson- This is an application by the City of Hawthorne and not the property owner.  This Ordinance went before the P&Z Board and the P&Z Board recommended approval.  All property owners were notified as required.  The City is trying to change the zoning from Residential Medium Density to Commercial.

Moved to adopt this Ordinance on 1st reading.
Motion- Commissioner Roberts            Second- Commissioner Carter
Discussion:
Attorney Harris announced these are quasi judicial items and gave a mass oath to everyone in the audience that will speak on these issues.

Ida Ferguson- Own two parcels being discussed and want to know when she can start fixing up the property.

Mayor Randall- This is the 1st reading and you will be notified when and if the change is approved.


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

Vote- 5-0

2.  (LDR 10-2) AN ORDINANCE OF THE CITY OF HAWTHORNE, FLORIDA, RELATING TO THE REZONING OF LESS THAN TEN CONTIGUOUS ACRES OF LAND, PURSUANT TO AN APPLICATION BY THE PROPERTY OWNERR OF SAID ACREAGE; AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF HAWTHORNE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR REZONING FROM RESIDENTIAL MULTI-FAMILY (RMF-1) TO COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) OF CERTAIN LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF HAWTHORNE, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT.

City Planner Dawson- P&Z Board recommended approval of this item.  Recommending change from RMF-1 (Residential Multi Family) to C-CBD (Commercial Central Business District).

Moved to approve this Ordinance on 1st reading.
Motion- Vice Mayor Surrency     Second- Commissioner Carter
Discussion – None

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

Vote- 5-0

3.  (CPA 10-3) AN ORDINANCE OF THE CITY OF HAWTHORNE, FLORIDA RELATING TO AN AMENDMENT OF TEN OR LESS ACRES OF LAND TO THE FUTURE LAND USE PLAN MAP OF THE CITY OF HAWTHORNE COMPREHENSIVE PLAN, AS AMENDED, PURSUANT TO AN APPLICATION BY THE CITY OF HAWTHORNE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES, AS AMENDED, PROVIDING FOR CHANGING LAND USE CLASSIFICATION FROM RESIDENTIAL MEDIUM DENSITY TO COMMERCIAL OF CERTAIN LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF HAWTHORNE, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT.

City Planner Dawson- P&Z Board voted 3-1 to not approve this rezoning change.  This is on 6 vacant lots of Ashley Oaks Sub Division.  The request is to rezone these 6 lots from Residential to Commercial property.

Vice Mayor Surrency- Did you find the scriveners error on this property?

City Planner Dawson- when the City adopted its 1991 land use map, that map showed the property as residential.  Don’t have record showing when the zoning was changed from commercial to residential.

Commissioner Roberts- This was brought before the P&Z Board in 2005 and it was denied.  Not in favor of this if we can’t stipulate what business go on the property.

Ben Campen- Developed this property in 1975.  Annexed this property into the city and went through the zoning request.  Those 6 parcels were zoned BH (Business HWY) and BA (Business Automotive).  Restrictions was placed on that property and could only be used as commercial property.  Asking the City Commission to correct a scrivener’s error that was committed by City of Hawthorne staff.

City Commission, staff, Mr. Campen and citizens continued this discussion.

Moved to table CPA 10-3 on 1st reading with the intention to get city staff together with Mr. Campen to discuss proper designation of the property.
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

4.  (LDR 10-3) AN ORDINANCE OF THE CITY OF HAWTHORNE, FLORIDA, RELATING TO THE REZONING OF LESS THAN TEN CONTIGUOUS ACRES OF LAND, PURSUANT TO AN APPLICATION BY THE CITY OF HAWTHORNE; AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF HAWTHORNE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR REZONING FROM ‘RSF-3’ (RESIDENTIAL SINGLE FAMILY) DISTRICT TO ‘CN’ (COMMERCIAL NEIGHBORHOOD) DISTRICT OF CERTAIN LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF HAWTHORNE, FLORIDA; PROVIDING SEVERABILTY; REPEALING ALL ORDINANCES IN CONFLICT.
Moved to table LDR 10-3 on 1st reading until a later date when city staff and Mr. Campen can come up with proper designation of the property.

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

H.  DISCUSSION - None
I.  CITIZEN COMMENTS - None

J.  REPORTS
1.  City Manager- Budget Meeting tomorrow at 6:00PM

2.  City Attorney Harris- Charter Amendment litigation the question will be on the ballot and the votes will be counted.

3.  Commissioner Carter- Would like the City Commission to consider doing something for the volunteer Donnie that opens and locks the City Park everyday at no charge.

4.  Commissioner Carlton- None

5.  Commissioner Roberts- Meeting for Senior Committee on Monday September 13 @ 10:00AM.  Zumba classes free at HHS on Tuesdays at 6:00PM.

6.  Vice Mayor Surrency- Chamber Business Expo on September 9, 2010 @ 4:30PM.  Went to Florida League of Cities Conference.  Vice Mayor Surrency gave a brief summary of his experience at the conference and passed out brochures.

7.  Mayor Randall- Thanks to Vice Mayor Surrency for attending the conference representing the City of Hawthorne and for the information he brought back.  There is a public workshop by St. Johns River Management District on September 16 & 17 and is asking any Commissioners that can attend to please do so.  She will not be attending.  Thanks to all the citizens that came out tonight.

K.  ADJOURN
Moved to adjourn the meeting
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

These minutes are submitted for approval.

                                                                                
LaKesha H. McGruder, City Clerk Eleanor Randall, Mayor