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City Commission Minutes 12-07-2010
REGULAR COMMISSION MEETING
DECEMBER 7, 2010
6:30PM

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

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 with amendments
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

C.  RECOGNITIONS & GUESTS
1.  Ms. Dana Miller, Area Representative for Waste Pro- Very proud of the partnership they have with the City of Hawthorne.  Waste Pro will be participating with the Hawthorne Homecoming providing banners and cooking for the residents.

D.  COMMITTEE REPORTS/PRESENTATIONS/PROCLAMATIONS
1.  Presentation- Mr. Ben Campen
Mr. Ben Campen- Is here to discuss the Ashley Oaks issue regarding the zoning issue with his property.  Never legally changed it was just a scrivener’s error on the City of Hawthorne zoning maps.  Signed a quit claim deed to deed the lots to the City of Hawthorne.  This property can only be used for the park by the City of Hawthorne and want the City to confirm the lots are commercial.

Vice Mayor Surrency- like the idea but we can’t legally say it’s commercial when it’s not.

City Attorney Harris- Found an agreement between the City of Hawthorne and Mr. Campen in December 2005 regarding this same issue where Mr. Campen agreed to give the property to the City of Hawthorne if the City of Hawthorne agreed to change the zoning.  Apparently there are no records to reflect that the property never exchanged hands and the donation never occurred and therefore remained residential.  Will speak with the City Planner to discuss the issue regarding the billboard remaining on the property at all times.

Mayor Randall read portions of the 2005 agreement between the City of Hawthorne and Mr. Campen.

Commissioner Roberts- suggest putting this issue back on the next agenda.

Mr. Eddie Martin- Land was zoned commercial during his term as a City Commissioner.

Commissioner Carlton- Was on the City Commission during this time and it was a big uproar about putting a flea market on this property and it never passed and they took the flea market to Waldo.

Mr. Chris Dawson, City Planner- Have not seen the deed or agreement and cannot offer his opinion at this time.

The discussion continued

Moved to allow the City Attorney, City Planner and Mr. Campen to discuss this issue and have the City Attorney to review the quick claim deed and bring it back to the City Commission at the next meeting on December 14, 2010 at 6:30PM and canceling the regular meeting on December 21, 2010.
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

2.  Presentation- Ms. Julie Thaler
Ms. Julie Thaler, cousin of Dr. Cathy Cantwell- Dr. Cantwell left a lot of money in her will to help fund this project.  Ms. Fayor presented a DVD recording of Dr. Cantwell that was made before she died about her love and passion of the outdoors.

Mr. Robert Blunt, Executive Director of PLC- presented the steps to the City Commission for the LOCCHEC property purchase.

E.  CITIZEN COMMENTS
Ms. Vivian Wagner- What’s the hold up on passing this LOCCHEC Project?

Vice Mayor Surrency- the City Commission did not give the City Manager enough direction on this issue.

F.  ROUTINE ITEMS
1.  City Commission Minutes
November 16, 2010 Regular Commission Meeting

Moved to table the minutes for clarification on Vice Mayor Surrency motion regarding HYS until the December 14, 2010 meeting.
Motion- Commissioner Roberts            Second- Commissioner Carter

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

Vote- 4-1

November 22, 2010 Workshop & Special Commission Meeting

Moved to approve the minutes with the amended changes.
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

2.  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HAWTHORNE, FLORIDA APPROVING CHANGES TO THE MANAGEMENT PLAN FOR LITTLE ORANGE CREEK FCT 08-085-FFS; AND PROVIDING AN EFFECTIVE DATE.

Moved to accept the changes in the management plan suggested by the City Manager along with the changes made previously at the last meeting and direct staff to submit other changes directly to FCT and include the adoption of the Resolution.
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

Mr. Robert Blunt- one of the most pressing things we need to do is signing the seller’s contract.  He provided copies to the City Manager and City Attorney for authorized signature so we have the binding seller’s contract on the property.

City Attorney Harris- Have already advised Mr. Blount those contracts will be on the next agenda for the December 14, 2010 meeting.

3.  Tax Sale on Property at 6522 SE 215th Street
City Attorney Harris- The property is for sale and the City of Hawthorne has been giving the option to purchase this property because we have a lien on the property.

Mr. Eddie Martin- Galilee Baptist Church tried to purchase the property years ago and the property is not large enough to build on.

Moved to table this item until the December 14, 2010 Commission Meeting.
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

G.  PUBLIC HEARING
1.  SECOND READING- NONE

2.  FIRST READING

AN ORDINANCE OF THE CITY OF HAWTHORNE, ALACHUA COUNTY, FLORIDA, AMENDING ARTICLE FOUR, SECTION 4.2.20.3 OF THE HAWTHORNE LAND DEVELOPMENT REGULATIONS PROVIDING FOR EXCEPTION TO THE SIGN PERMIT REQUIREMENTS, PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

City Clerk read Ordinance by title only.

Moved to adopt the Ordinance amending article four, section 4.2.20.3 of the Hawthorne Land Development Regulations
Motion- Commissioner Carter                     Second- Vice Mayor Surrency

Discussion:
Vice Mayor Surrency- Adopting this will no longer require City Commissioner to pay a $50.00 deposit to put out campaign signs when running for office.


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

Vote- 5-0

H.  DISCUSSION
1.  Budget Amendments
Commissioner Roberts- When the majority of the Commissioners voted it was not a functional budget.  Since then we have received 5 budgets from the City Manager and we still don’t have an accurate budget and we are in the 2nd month of the new fiscal year.

Vice Mayor Surrency- Would be embarrassed to give this to any auditor because the changes made in the Commission Meeting are not correct.  Right now we don’t have anything to submit to the auditor because there are still several mathematical errors.  We need to produce something better than this.

Commissioner Carlton- Notice a large incorrect debt in the budget for CRA.  We did not pay out over $100K for repairs to City Hall.

Commissioner Roberts- We pay the City Manager to present a balance budget to the City Commission and the City Manager has not done that.

Mr. Ray Daniel- all the budget drafts continue to show increases instead of decreases.  This show incompetence on the City Manager behalf and sooner or later the City Commission is going to have to address the City Manager incompetency.  The City Commission needs to consider if you have hired the best person for the City Manager position.

Ms. Cheryl Elmore- Was in charge of the money at Eastside High School for 25 years.  Agree it is the City Manager job to produce a budget that is functional.  Recommend the City Commission give the City Manager a date to have him to produce a functional budget and if not go back and review the City Manager contract.

Mr. Jeff McMeekin- Treasurer of I.N. McNatt Lodge.  The Lodge paid over $9K for their share of the roof repairs.  Like City Manager Smyth but its obviously the City Manager can’t produce a budget.
Discussion Continued

Moved to give the City Manager until December 14, 2010 to prepare a balance budget and schedule a Special Meeting for December 16, 2010 at 6:30PM to discuss the budget.
Motion- Vice Mayor Surrency                     Second- Commissioner Carter


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

Vote- 2-3 (Motion did not pass)

Moved to schedule a Special Meeting on December 16, 2010 at 6:30PM and agenda items to include the Budget and future of the City Manager.
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

2.  Charter Review Committee
City Attorney Harris- The City Commission must appoint a Charter Review Board to review the City Charter.  This must be done every 5 years and this must be done at the next meeting.

Vice Mayor Surrency- Would like to appoint Ms. Cheryl Elmore.

3.  Auditor
Previously discussed along with item H1.

Commissioner Carlton- Was legally advised he did not have to pay the City of Hawthorne $16.35 for the information he requested to do his job.

Moved to reimburse Commissioner Carlton $16.35.
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

I.  CITIZEN COMMENTS
None

J.  REPORTS/ANNOUNCEMENTS/INFORMATION
1.  City Manager Smyth- None
2.  City Attorney- None
3.  City Commission
  A.  Commissioner Carter- None
  B.  Commissioner Roberts- We previously discussed paying Mr. Donnie for closing the gate at the city park.

Moved to give Mr. Donnie $5 per day for locking the park
Motion- Commissioner Roberts            Second- Commissioner Carter

Discussion:
Commissioner Carter- Would like to amend the motion to make it $7.50 per day.

Commissioner Carlton- Agree we should pay him something but right now we should wait until the budget is functional.

Commissioner Roberts decided to withdraw her motion.

  C.  Mayor Randall- Thank everyone for coming out tonight and please keep coming and voicing your opinions.

K.  ADJOURN
Moved to adjourn the Regular Commission Meeting at 9:50PM.

These minutes are submitted for approval.

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