CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
AUGUST 27, 2002 - 7:00 P.M.
The City commission held a regularly scheduled meeting on Tuesday, August 27, 2002 at 7:00
p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Antonius G. Barnes, Mayor Pro Tem/Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
Charlene Messer, Assistant City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Lieutenant
Absent:
Harold Haynes, Commissioner
John B. Lynch, City Manager
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance
followed.
Item #3. Mayor's Report:
Mayor Kelley reported that he attended the Florida League of Cities
Conference in Boca Raton and he commended the elected officials who also attended.
Mayor
Kelley recognized Mr. Emory Pitts, Building Inspector, for doing a good job; Club Sun owners
stated that Mr. Pitts was very helpful during their building process.
Item #4. Commissioner's Report:
-
Wittkopf:
- Commissioner Wittkopf reported that she had also attended the FLC Conference
and found it to be very informative. She stated that she attended workshops on
annexation, growth management, school issues and water issues. Ms. Wittkopf
further stated that she attended a workshop on the Beach last week that
discussed 'trails through Florida' that was very interesting and she will keep the
Commission informed regarding this issue.
Motion by Commissioner Schad: To excuse Commissioner Haynes from the
meeting tonight.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
-
Barnes:
- No report.
-
Schad:
- No report.
Item #5. City Manager's Report:
No report.
Item #6. City Attorney's Report:
No report.
Public Hearing Opened: 7:04 p.m.
Item #7. Phase VI of the Lynn Haven Recreation Complex:
The annual Florida Recreation Development
Assistance Program (FRDAP) funding cycle is now open to applicants. These funds can be utilized to acquire
recreational land or for development of recreation sites. Staff is currently preparing an application for submittal by
September 13, 2002. The Phase VI will include lighting for the two existing football/soccer fields - $79,000, a small
restroom facility near the tennis courts and playgrounds - $8,000, and paved parking by the playground on the west
side of the site - $63,000. A 25% match is required by the FRDAP program. $37,500 will be a cash match that
would require budgeting for FY03/04
After audience participation the Public Hearing was closed at 7:10 p.m.
Public Hearing Opened: 7:10 p.m.
Item #8. Phase II of Cain Griffin Park:
The annual Florida Recreation Development Assistance Program
(FRDAP) funding cycle is now open to applicants. The tennis courts and basketball courts at Cain Griffin Park are
in need of major renovations including the replacement of all playing surfaces and fences. Along with these
renovations, this Phase will also include an entrance way with a marquee sign. Staff recommends submitting a
FRDAP application to assist with the funding of Phase II. Upon receipt of grant approval, construction would begin
approximately October 2003. A 25% match is required by the FRDAP program.
After audience participation the Public Hearing was closed at 7:13 p.m.
Mayor Kelley reported that September 3, 2002 at 10:00 a.m. at 5th Street Ball Park the City will receive a FRDAP
Grant in the amount of $112,500 for improvements to the park. He invited everyone to attend the event.
CONSENT AGENDA:
Item #9. Minutes:
8/13/02 - Board of Appeals Hearing
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
8/13/02 - Regular Commission Meeting
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
OLD BUSINESS:
Item #10. Discussion and possible action regarding appointment to Board of Adjustments:
Motion by Commissioner Wittkopf: To appoint Mr. Wes Swenson to the Board of Adjustment.
Second to the motion: Commissioner Schad.
On Vote:
Wittkopf: aye
Barnes: aye
Schad: aye
Kelley: aye Motion passed: 4-0
Item #11. Second and final reading of Ordinance 739, Annexation:
The property consists of approximately
64.63 acres and is located between State Avenue and Jenks Avenue. Ordinance 739 was read by title only. This was
the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
NEW BUSINESS:
Item #12. Discussion and possible action regarding Police Officers' Disability Presumption Litigation:
The
FLC filed a lawsuit challenging the constitutionality of a new law that makes cities pay workers' compensation
benefits to city police officers that suffer from hypertension or heart disease - even if the condition is not related to
their job. The law does not provide city governments with the money needed to pay for this new benefit.
Motion by Commissioner Schad: To join the lawsuit with the Florida League of Cities regarding this
issue.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #13. Discussion and possible action regarding
submittal of 2003-2004 FRDAP application to develop Phase VI of the Lynn Haven Recreation Complex:
Motion by Commissioner Schad: To approve the application submittal as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #14. Discussion and possible action regarding
submittal of 2003-2004 FRDAP application to develop Phase II of Cain Griffin Park:
Motion by Commissioner Barnes: To approve the application submittal as presented.
Second to the motion: Commissioner Schad.
Mr. Leon Miller stated that he was concerned with lighting at the park.
Mayor Kelley suggested that temporary lights may be an option and more police patrol.
Ms. Barbara Day commented on Cain Griffin Park. She suggested money be put in the budget to take care of the
park.
Mr. Claude Mixdorf suggested that the marquee be removed and replaced with lighting.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #15. Resolution 2002-08-312, amending the Five-Year Schedule of Capital Improvements within the Comprehensive Plan to include Cain Griffin Park:
Resolution 2002-08-312 was read by title only.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #16. Resolution 2002-08-313, amending the rate structure for residential and commercial solid waste collection:
Resolution 2002-08-313 was read by title only.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #17. First reading of Ordinance 740, Tobacco Product Placement:
After audience and Commission participation the following motion was made:
Motion by Commissioner Wittkopf: To leave Ordinance 740 on the agenda as presented.
Second to the motion: Commissioner Barnes.
City Attorney Jackson stated that there are some problems with the ordinance that is before the Commission tonight.
The original ordinance was proposed as a marketing and placement ordinance and the County Commission took out
the marketing aspects of the ordinance based on some Supreme Court cases and a potential challenges from a
tobacco company. Specific changes are recommended as follows:
- in the title of the ordinance there is a section
about regulating tobacco product promotion;
- a whereas clause on the second page - remove;
- 4th whereas clause -
begins 'whereas the City Commission of Lynn Haven believes that a reduction in the availability, both visually and
physically of tobacco products - remove 'both visually and physically';
- Section 2 - second sentence - 'persons under
age eighteen by regulating the commercial marketing' remove the words 'commercial marketing' and 'and';
- page
4 - five definitions - start with 'self service tobacco merchandising and goes down to 'snack' - remove;
- Section 4
- 'regulation tobacco promotion of placement' - remove 'promotion of'.
Motion withdrew by Commissioner Barnes.
Amended motion by Commissioner Wittkopf: To leave Ordinance 740 on the agenda and to include
the recommended changes of Attorney Jackson.
Second to the motion: Commissioner Barnes.
Ordinance 740 was read by title only. This was the first reading and no action was required.
Item #18. Change time of 9/9/02 City Commission Meeting to 7 p.m.:
Motion by Commissioner Schad: To approve time change as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #19. Public Commentary:
Mr. Leon Miller suggested that the City look into the possibility of a grant to help clean up the parks. He also
suggested that the City use inmates to help with the maintenance on the roadways.
Mr. Randall Gibbons commented on the Lynn Haven Raiders football team. He stated that they would like to be a
official part of the Lynn Haven Sports Program.
Mayor Kelley suggested he come speak to the City Manager regarding this issue.
Mr. Barbara Day thanked the Commission for supporting the youth on the tobacco issue. She further stated that she
was concerned with the St. Joe annexation.
There was no further business to discuss and the meeting was adjourned at 8:15 p.m.
APPROVED THIS 9th DAY OF SEPTEMBER 2002.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
