CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
AUGUST 13, 2002 - 8:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, August 13, 2002 at 8:00 p.m. in the Commission Meeting Room at City Hall.

Present:
	Walter T. Kelley, Mayor
	Antonius G. Barnes, Mayor Pro Tem/Commissioner
	Harold Haynes, Commissioner
	Roger P. Schad, Commissioner
	Frances Wittkopf, Commissioner
	John B. Lynch, City Manager
	Robert C. Jackson, City Attorney
	Matt Riemer, Police Lieutenant

Mayor Kelley called the meeting to order and Commissioner Barnes gave the Invocation. The Pledge of Allegiance followed.

Item #3. Mayor's Report:

Mayor Kelley presented Certificates of Appreciation to Mr. Charlie Smith and employees for doing a fine job during the 4th of July festivities.

Mayor Kelley read a letter from Ms. Karen Tucker commending Mr. Bob Taylor as Code Enforcement Officer for the City.

A. Proclamation - 8/25 - 86th Anniversary of the New Hope Missionary Baptist Church: City Manager Lynch read this proclamation in its entirety.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Mayor Kelley reported that on September 11, 2002 at 10:05 a.m. a memorial ceremony will be held in front of City Hall. He encouraged everyone to come out and show their support.

Item #4. Commissioner's Report:

Haynes:

Motion by Commissioner Haynes: To change the 1st meeting of the month to 4:00 p.m. and keep the 2nd meeting of the month at 7:00 p.m.
Second to the motion: Commissioner Barnes.

Commissioner Barnes stated that with the technology that the City has implemented to make the meetings available to the public he certainly supports the time change for the 1st meeting.

Commissioner Wittkopf stated that she did not support this. She stated that a lot of people work and cannot make the earlier meeting.

Mayor Kelley stated that he did not have a preference.

Mr. Virgil Duffell suggested establishing a pattern and sticking with it.

Mr. Sammy Day agreed with Commissioner Wittkopf.

Mr. Claude Mixdorf stated that he would like to have the meeting at 7:00 p.m. all the time.

On Vote:
	Haynes:	aye
	Barnes:	aye
	Schad:	aye
	Wittkopf:	no	
	Kelley:	aye		Motion passed: 4-1

Barnes:
Commissioner Barnes stated that he had disclosed at the workshop that he had met with a member of the Planning Commission regarding the student population at Lynn Haven Elementary.

Motion by Commissioner Barnes: To authorize contacting the School Board with regards to erecting a new elementary school within the boundaries of Lynn Haven.
Second to the motion: Commissioner Schad.

On Vote:
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Kelley:	aye		Motion passed: 5-0

Schad:
Commissioner Schad reported that the Rotary Club was host to five Russian Judges last week and complimented the City on their presentation of a plaque and 'key to the City'. Mayor Kelley and Commissioner Wittkopf attended the function.
Wittkopf:
Commissioner Wittkopf reported that she will be attending the FLC Conference in Boca Raton. The conference dates are August 14-17, 2002.

Item #5. City Manager's Report:

City Manager Lynch reported that in keeping with the County's budget schedule the City would need to change their September meetings to the 9th and 23rd rather than the scheduled 10th and 24th.

Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Wittkopf.

Commissioner Barnes asked if the September 9th meeting would be at 4:00 p.m. and the September 23rd meeting at 7:00 p.m.

City Manager Lynch stated that was correct.

On Vote:
	Haynes:	aye
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye		Motion passed: 4-0

A. Monthly Department Reports: Provided in packet.

City Manager Lynch stated that he will also be attending the FLC conference. Ms. Charlene Messer will be acting City Manager.

Mayor Kelley reported that he will be attending the FLC conference.

Mayor Kelley reported that he received a letter today from Bay County Commissioner Cornell Brock regarding a joint meeting on August 22, 2002 at GCCC - 5:00 - 7:00 p.m. The purpose of the meeting is to discuss Charter Government. He suggested everyone attend.

Commissioner Haynes asked when the next budget meeting.

Motion by Commissioner Haynes: To cancel the budget meeting on August 21, 2002 and if needed one could be scheduled on August 26, 2002.
Second to the motion: Commissioner Barnes.

On Vote:
	Haynes:	aye
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Kelley:	aye		Motion passed: 5-0

Item #6. City Attorney's Report:

No report.

CONSENT AGENDA

Item #7. Minutes:

7/23/02 - Regular Meeting

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #8. Renewal of Cemetery Maintenance Contract with Grass Cutter's Lawn Service:

Grass Cutters Lawn Service has been maintaining both cemeteries since July 2000; the annual cost is $17,310 for both cemeteries.

Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Haynes.

Mr. Claude Mixdorf commented on the contract. He wanted to know if it had gone out for bid. City Manager Lynch reported that this was a renewal.

OLD BUSINESS

Item #9. Discussion and possible action regarding appointment to Board of Adjustments:

Motion by Commissioner Schad: To table this issue until the next meeting.
Second to the motion: Commissioner Wittkopf.

Commissioner Barnes asked that vacancies be advertised on the marquee.

City Manager Lynch also stated that it would be placed on the City's web page requesting applications for boards.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #10. Discussion and possible action regarding endorsement of Better Bay County Plan:

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #11. Discussion and possible action regarding approval of audit and accounting services contract with Carr, Riggs & Ingram, LLP:

To approve agreement for audit and accounting services through the fiscal year ending September 30, 2007. The maximum fee for the first year is $35,000 with an annual increase based on the consumer price index at July 31 of each year. Staff recommends approval.

Motion by Commissioner Barnes: To approve the agreement as presented.
Second to the motion: Commissioner Haynes.

On Vote:
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Kelley:	aye		Motion passed: 5-0

NEW BUSINESS

Item #12. Discussion and possible action regarding accessory buildings in residential neighborhoods:

Commissioner Haynes stated that he disagrees with not allowing the citizens to build within the code.

Motion by Commissioner Haynes: To send this issue to the Planning Commission and bring back to the City Commission recommendations.

Second to the motion: Commissioner Schad.

Mayor Kelley stated that he also disagrees with telling people what they can have in their backyards.

On Vote:
	Haynes:	aye
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Kelley:	aye		Motion passed: 5-0

Item #13. Approval of dedication of land use at Cain-Griffin Park:

Approve the dedication of land use at Cain Griffin Park as an outdoor recreation area for the use and benefit of the general public in perpetuity.

Motion by Commissioner Haynes: To accept as presented dedication of Block 286 and 287 along with the 60' x 500' right of way that exists within in be granted as perpetuity.
Second to the motion: Commissioner Schad.

On Vote:
	Haynes:	aye
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Kelley:	aye		Motion passed: 5-0

Item #14. Request by Mosley High School Senior Class Secretary for traffic signal at Minnesota Avenue & Mosley Drive:

City Manager Lynch stated that he met with the Deputy Superintendent today on this issue and suggested to him that this is a school board issue and he agreed. City Manager Lynch requested approval to draft a letter to the Senior Class Secretary requesting that she reroute this letter to the Deputy Superintendent of the School Board. Mr. Lynch stated that he would include in his letter the City's willingness to help if possible.

Motion by Commissioner Haynes: To accept the recommendation of Staff as presented, however, he will not support a traffic signal at this intersection.
Second to the motion: Commissioner Schad.

On Vote:
	Haynes:	aye
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Kelley:	aye		Motion passed: 5-0

Item #15. Discussion and possible action regarding financial support for Bay Defense Alliance:

Motion by Commissioner Schad: To authorize sending a letter of interest and support, however, there will be no financial support.
Second to the motion: Commissioner Wittkopf.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #16. Discussion and possible action regarding waiver of certain fees for the proposed addition to the Small Business Incubator:

Commissioner Haynes stated that the $90 Radon expense and the $340 site review fee are fees borne by the City.

Commissioner Haynes stated that he will recuse himself from the vote.

Commissioner Schad stated that he sits as a member of the SBI Board and will recuse himself from the vote.

Motion by Commissioner Wittkopf: To accept waiver of fees except for the $540 that will have to be paid by the SBI.
Second to the motion: Commissioner Barnes.

On Vote:
	Wittkopf:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 3-0

Item #17. First reading of Ordinance 739, Annexation:

City Manager Lynch read by title only. This was the first reading and no action was required.

Item #18. Resolution 2002-08-311, Supporting continuation of the half cent sales surtax:

Mayor Kelley reported that he and the City Manager had met with Bay County Chairman Cornell Brock and other municipal cities to discuss this issue. He stated that he supports the ½ cent sales surtax if the City gets their share of the tax.

Motion by Commissioner Barnes: To approve the Resolution as presented.
Second to the motion: Commissioner Schad.

Commissioner Haynes asked the Attorney if he was satisfied with the Resolution. City Attorney Jackson stated that he was.

City Manager Lynch stated that if approved the City would receive somewhere between first year, if this was to go through, for our stormwater project - $649,000 top end, $569,000 on the low end. This money would be designated for stormwater/flood management.

On Vote:
	Barnes:	aye
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #19. Discussion and possible action regarding issuing a Notice to Proceed to Phoenix Construction for digester:

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.

Commissioner Schad stated that is part of our Consent Order with the Wastewater Treatment Plant.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #20. Discussion and possible action regarding adoption of Strategic Plan Objectives:

City Manager Lynch read the Objectives in their entirety.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

Item #21. Public Commentary:

Mr. Leon Miller stated the grass on Hwy 390 needs to be cut. He also stated that he is concerned with the drug problem at Cain Griffin Park. He suggested better lighting on 17th Street.

Mr. Sammy Day commented on 'point of order'. Mr. Day commented on the role of the attorney and his duties to the Code Enforcement Board.

City Manager Lynch read Resolution 2002-08-311 by title only.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
	Schad:	aye
	Wittkopf:	aye
	Haynes:	aye
	Barnes:	aye
	Kelley:	aye		Motion passed: 5-0

There was no further business to discuss and the meeting was adjourned at 8:40 p.m.

APPROVED THIS 27th DAY OF AUGUST 2002.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager-Clerk

Prepared by Laurie Baker

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