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City Commission Minutes 09-21-2010
REGULAR COMMISSION MEETING
MINUTES
SEPTEMBER 21, 2010

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

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

Staff present:  City Manager Smyth, Attorney Harris, City Clerk McGruder and Planner Dawson

B.  APPROVAL OF AGENDA
Moved to approve the agenda with amendments.
Motion- Commissioner Roberts            Second- Commissioner Carlton

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
1.  Code Enforcement Update
Code Enforcement Officer Al Davis- This year he has done around 278 investigations and 35-40 went before the Code Enforcement Board.  The others were brought into compliance.  He and City Clerk in the process of filing liens on about 6 pieces of property.  He works on a complaint basis, but if he notices a violation while out doing re-inspections he will do a violation notice.  Has been in Code Enforcement for 44 years.

Staff & City Commission continued to ask Mr. Davis questions concerning Code Enforcement.

Vivian Wagner- Trying to clean the City for the past 20 years and we need to more especially on 69th Avenue.

Vice Mayor Surrency- Suggest drafting a letter to Alachua County Public Works about cleaning 69th Avenue and have the Mayor sign it.

2. Code Enforcement Contract
Vice Mayor Surrency- Have two different contracts and we operate under the previous contract.  Was under the assumption the only changes was increase in pay from $500 to $750.  Want a little more input at to where the new contract came from?

Attorney Harris- Could not find any proof that Mr. Davis $500 contract was approved.

Mr. Davis- Was told by the previous City Manager in front of Donna Mayes that the $500 contract was approved.  Is willing to pay the difference back if it was collected in error, but he never received a copy of the signed contract.

Attorney Harris- The City is not trying to collect any money back.  There is just no contract on file about paying $500.

Staff & City Commission continued this discussion.

E.  CITIZEN COMMENTS
1.  Ben Campen- Agreed he would meet with the Planner Chris Dawson.  Not asking for rezoning asking the City to restore the zoning he had before the scrivener’s error by the City of Hawthorne.  Ready to move forward and get this resolved.  Mr. Campen passed out information on BA & BH Zoning Districts.

2.  Gilbert Randall- Concern about the recycling service in Hawthorne.  Watched Waste Pro pick up the recycling and garbage on one truck.  Contacted Waste Pro and no one returned his call.
City Manager Smyth- will contact Mr. Kramer tomorrow.

3.  Larry Tilbury- Have also witnessed Waste Pro doing this and never received a phone call back.  The street signs need to be cleaned or replaced.

F.  FISCAL YEAR 2010 – 2011 BUDGET ADOPTION
1.    A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR THE CITY OF HAWTHORNE, FLORIDA.

City Clerk McGruder read the Resolution by title only.

Moved to adopt the Resolution approving the final millage levy.
Motion- Vice Mayor Surrency                     Second- Commissioner Roberts

Discussion:
City Manager Smyth- Want to announce you are approving the millage levy at 5.3194 mills.



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

Vote- 4-1

2.    AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, ALACHUA COUNTY, FLORIDA ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2010-2011.

City Clerk McGruder read the Ordinance by title only.

Moved to adopt the Ordinance approving the Final Budget for 2010-2011.
Motion- Vice Mayor Surrency                     Second- Commissioner Carter

Discussion:
Commissioner Roberts- Studied the budget and the budget has some discrepancies in it and her vote is based on that.

Vice Mayor Surrency- The budget is balanced.  The revenue and expenditures are in order and they are balanced.


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

Vote- 3-2

G.  ROUTINE ITEMS
1.  City Commission Minutes
Moved to approve the minutes from September 7, 2010 Regular Meeting and September 8, 2010 Budget Hearing.
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 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BENTLEY ARCHITECTS & ENGINEERS INC. OF LONGWOOD, FLORIDA

City Clerk McGruder read the Resolution by title only.

City Manager Smyth- City Commission asked him to look into bringing in other Architects and Engineers for continuing Professional Services.

Moved to adopt the Resolution to go into an agreement with Bentley & Associates.
Motion- Commissioner Carter                     Second- Commissioner Roberts

City Commission asked a series of questions regarding the contract.


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 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH WADE TRIM INC. OF PALM COAST FLORIDA

City Clerk read the Resolution by title only.

Moved to adopt the Resolution with Wade Trim, Inc for continuing Professional Services.
Motion- Commissioner Roberts            Second- Commissioner Carter

Discussion:
Commissioner Carlton- what does this mean with the contract we have with Mittauer?

City Manager Smyth- Nothing we have the option to use these people if we choose to.


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 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR PLANNING SERVICES WITH ALACHUA COUNTY GROWTH MANAGEMENT

City Clerk read the Resolution by title only.

Moved to adopt the Resolution for the agreement for planning services with Alachua County Growth Management.
Motion- Commissioner Carter                     Second- Vice Mayor Surrency


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

Vote- 3-2

5.  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA, ADOPTING AN IDENTITY THEFT PREVENTION POLICY, PURSUANT TO FEDERAL TRADE COMMISSION UNDER THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003(FACTA) 16 CFR PART 681

City Clerk read the Resolution by title only.

City Manager Smyth- Previously the City Commission adopted the policy to collect social security numbers.  At the last meeting the City Commission approved to write off over $43K in uncollectible debt.  This will be in effect with the Federal Law.

Moved to adopt the Resolution to approve the identity theft protection.
Motion- Vice Mayor Surrency                     Second- None

Commissioner Carter- for the record he did not second the motion because he doesn’t think the City of Hawthorne is capable on keeping track of citizen’s social security numbers.

City Manager Smyth- was asked to look into doing credit checks on customers and we must have social security numbers to do reference checks for utility deposits.

Staff & City Commission continued the discussion.

H.  PUBLIC HEARING
        SECOND 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.

Planner Dawson gave a brief summary of CPA 10-2

Moved to adopt CPA 10-2 on 2nd Reading.
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.  (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.

Planner Dawson gave a brief summary of LDR 10-2.

Moved to adopt LDR 10-2 on 2nd 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) 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 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. (MOTION TO TABLE THE ITEM PENDING NEGOTIATING WITH PROPERTY OWNER MR. BEN CAMPEN)

Planner Dawson- Did an advertisement for these 2 Ordinances then was told to negotiate with Mr. Campen.  Need to table these ordinances again because it was advertised prior to the meeting.

Moved to table CPA 10-3 pending negotiation with property owner Mr. Ben Campen.
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. (MOTION TO TABLE THE ITEM PENDING NEGOTIATING WITH PROPERTY OWNER MR. BEN CAMPEN)

Moved to table LDR 10-3 pending negotiation with property owner Mr. Ben Campen.
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

4A. MOTION TO DIRECT PLANNING STAFF TO RESEARCH, NEGOTIATE AND RECOMMEND COMPARIABLE USES FROM 1995 ALACHUA COUNTY BH & BA ZONING & 1976 CITY OF HAWTHORNE ZONING.

Planner Dawson- This is mostly a discussion item for the City Commission.  Previously the City Commission took action to table 2 ordinances pending negotiations with Mr. Campen.  Did meet with Mr. Campen and we did discuss what Mr. Campen desires are compared to what the city can provide currently.  At previous meeting the City Commission direction was to pursue a Land Use District and new future land use designations that would require amending the Comp Plan.  That requires the City to open a public large scale amendment cycle.

Staff & City Commission continued this discussion.

        FIRST READING

1.  AN ORDINANCE OF THE CITY OF HAWTHORNE, ALACHUA COUNTY FLORIDA, AMENDING PART II, CHAPTER 22, ARTICLE II OF THE CITY CODE OF ORDINANCES BY CLARIFYING THE DUTIES AND RESPONSIBILITIES OF EACH PROPERTY OWNER TO MAINTAIN THEIR PROPERTY, INCLUDING PORTIONS OF RIGHT-OF-WAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION

City Clerk read the Ordinance by title only.

Commissioner Carlton- Why are we trying to do this?  All the gas is spend mowing the recreation park.

City Manager Smyth- It was brought to his attention that he made a mistake on his figures about the money, but come October 1 the street crew will be down to 1 ½ men.  The question is what is more important to the City Commission at this point?

Commissioner Roberts- The solution is already in place.  The City of Hawthorne is not ready for this.  If the CEO went section by section in the City we will not need this ordinance.

Commissioner Surrency- Have some good intentions but some of it is a little over board.  At least for people that walk side the roads they don’t have to walk in 2 feet high of weeds.  Not in favor of taking the guys off the right a ways.

City Manager Smyth- Trying to clean up this community but we don’t have an ordinance that is tough enough to do that.

Commissioner Carter- Should illuminate paragraph (b) and look into hiring two more workers.

Moved to adopt the ordinance and remove letter (b) of section 22-31.
Motion- Commissioner Carter                     Second- Vice Mayor Surrency


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

Vote- 3-2

Commissioner Roberts- we have our own CEO and he should do his job.

City Manager Smyth- This gives the CEO more power to do his job.
I.  DISCUSSION
1.  4 day work week
Commissioner Roberts- several municipalities have gone to a 4 day work week to see if we can save money by doing this.  City of Gainesville put it on a trial base in 2008 and is still doing it now.  City of Alachua has decided to try it beginning on October 1, 2010.  Want to put it on the next meeting agenda.

City Manager Smyth- Did research and it shows a savings of only $1,800 per year at City Hall.  It will not save in gas because we will still be driving around.

J.  CITIZEN COMMENTS
None

K.  REPORTS/ANNOUNCEMENTS/INFORMATION
1.  City Manager Smyth- Revised schedule of tank completion in your mailbox.
2.  Attorney Harris- None
3.  Commissioner Roberts- None
4.  Commissioner Carter- Where are we with Ben Campen?

City Manager Smyth- We must start all over once the negotiations are complete.

Commissioner Carter- will you come back with budget amendments about the 2 workers or can I make a motion?

Moved to authorize the City Manager to hire 2 new maintenance workers permanently.
Motion- Commissioner Carter                     Second- Vice Mayor Surrency

Discussion:
Commissioner Carlton- Cant see hiring 2 new people.

Commissioner Carter- we don’t have enough staff to do what we need done now.

City Clerk McGruder- want to remind City Manager Smyth that we learned today Jeff has to have surgery on his wrist and he will be out 6-8 weeks.

Commissioner Roberts- Know we need the help but was looking at the money aspect.

Staff & City Commission continued the discussion.


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

Vote- 4-1

5.  Commissioner Carlton- City Manager talked about changing system to quick books and it was not brought before the City Commission.

City Manager Smyth- It cost $1,100 so it is within his approval amount.

6.  Vice Mayor Surrency- Should look into a 4 day work week.  Quick Books discussion was brought before the City Commission.  Had a great turn out for the foundation meeting at Shell Elementary.  Would like the City to join the National League of Cities for $456/year, this is not budgeted.

Moved to join the National League of Cities for $456 per year.
Motion- Vice Mayor Surrency                     Second- None

7.  Mayor Randall- New grandbaby name Brooklyn Olivia.

L.  ADJOURN

The meeting adjourned at 9:50PM


These Minutes of the September 21, 2010 meeting are submitted for approval.

                                                                                                
LaKesha H. McGruder, City Clerk         Eleanor Randall, Mayor