CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
SEPTEMBER 23, 2002 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Monday, September 23, 2002 at
7:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Harold Haynes, Commissioner
Roger Schad, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Lieutenant
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance
followed.
Item #3. PUBLIC HEARING OPENED:
7:02 p.m.
A. Proposed Millage Rate for 2002 Tax Roll
Public Comments
Resolution 2002-09-316>/p>
City Manager Lynch read Resolution 2002-09-316 by title only.
Motion by Commissioner Schad: To excuse Commissioner's Barnes & Wittkopf
from the meeting.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
City Manager Lynch stated that the Commission is being asked to set the ad valorem millage
rate at 4 mils; the same rate that has been maintained over the previous three years. The ad
valorem property tax is the only local tax source authorized by the Constitution of the State of
Florida and is capped at 10 mils. This tax is based on the value of real and personal property.
The projected amount of ad valorem taxes the City will receive in FY 2002/2003 is $1,864,412.
Ms. Barbara Day asked the Commission to consider a roll back to 3.7 mils.
Motion by Commissioner Schad: To adopt the proposed millage rate of 4 mils.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
B. Proposed budget for FY 2002-2003
Public Comments
2nd and final reading of Ordinance 741, Adopting a General Fund
Budget and Approving Enterprise Fund Budgets
City Manager Lynch read Ordinance 741 by title only. This was the second and final reading.
After audience participation the following motion was made:
Motion by Commissioner Haynes: To approve the Enterprise Fund as presented.
Second to the motion: Commissioner Schad.
Commissioner Schad commented on the Commissioner's salary. He stated that he cannot
support an increase.
On Vote:
Haynes: aye
Schad: no
Kelley: aye Motion passed: 2-1
Motion by Commissioner Schad: To approve the Enterprise Fund Budget as
presented.
Second to the motion: Commissioner Haynes.
Ms. Barbara Day thanked Commissioner Schad for not approving the Enterprise Fund. She
asked about advertising the budget.
City Attorney Jackson stated that Ordinance 741 requires three votes to be considered.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
Mayor Kelley stated that Ordinance 741 needs to be readdressed.
Mayor Kelley called a five
(5) minute break at 7:35 p.m.
The meeting was reconvened at 7:43 p.m. and the Public Hearing
was recessed.
Mayor Kelley reported that he would re-open the Public Hearing after the items
on the Agenda had been discussed.
Item #4. Mayor's Report:
Proclamation: Fire Prevention Week: October 6-12
Mayor Kelley thanked everyone for their thoughts and prayers during their loss and his wife
being in the hospital.
City Manager Lynch read Proclamation - Fire Prevention Week - in its entirety.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
Item #5. Commissioner's Report:
-
Haynes:
- No report.
-
Schad:
- Commissioner Schad reported that he attended an Economic Symposium on
September 18, 2002 at Bay Point. He stated that it was a very informative
meeting.
Item #6. City Manager's Report:
City Manager Lynch stated that he had received a letter
from the Medical Examiner acknowledging that his contract expires September 30, 2002 and
if he cannot negotiate a renewal contract with the County in could have a financial impact on
the City. He further stated that Chairman Brock, Bay County Commission, had reported that
this will be addressed tomorrow at their meeting.
City Manager Lynch further reported that the Police & Fire Departments participated in
Kindervision this past weekend at Grease Pro. This is a worthwhile project that involves
children and promoting safety.
Item #7. City Attorney's Report:
City Attorney Jackson stated that he is working closely with
the City Manager looking for a funding source for stormwater.
Mayor Kelley reported that we received a letter from FDOT stating that a northbound left hand
turn lane is justified at Hwy 77 and Mosley School Road.
CONSENT AGENDA:
Item #8. Minutes:
9/9/02 - Regular Meeting
>/p>
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
OLD BUSINESS:
Item #9. Second and final reading of Ordinance 740, Tobacco Product Placement:
City
Manager Lynch read Ordinance 740 by title only. This was the second and final reading.
Ordinance 740 failed for lack of a motion.
Item #10. Second and final reading of Ordinance 742, Firefighter's Retirement System,
amending the plan for compliance with the Economic Growth and Tax Relief
Reconciliation Act of 2001:
City Manager Lynch read Ordinance 742 by title only. This was
the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
Item #11. Second and final reading of Ordinance 743, Firefighters' Retirement System, amending the plan to allow for more permissive buy back provisions:
City Manager Lynch
read Ordinance 743 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
Item #12. Second and final reading of Ordinance 744, Firefighters' Retirement System, increasing the aggregate on the plan's investments in equities of 60%:
City Manager Lynch
read Ordinance 744 by title only. This was the second and final reading.
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Haynes: aye
Schad: aye
Kelley: aye Motion passed: 3-0
NEW BUSINESS:
Item #13. Discussion and possible action regarding
cancellation of 10/21/02 workshop due to scheduling conflict with Gulf Power Symposium:
Motion by Commissioner Schad: To cancel meeting as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
Item #14. Discussion and possible action regarding
Beautification Board recommendation to vacate two positions:
Mayor Kelley reported that he received a letter from Ms. Nancy Sloan
advising that she was resigning from the Beautification Board.
Motion by Commissioner Haynes: To accept the resignation of Ms. Nancy Sloan
as presented.
Second to the motion: Commissioner Schad.
On Vote:
Haynes: aye
Schad: aye
Kelley: aye Motion passed: 3-0
Motion by Commissioner Schad: To defer action on appointing someone to fill
the vacancies until applications can be reviewed.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Kelley: aye Motion passed: 3-0
Item #15. Public Commentary:
Ms. Barbara Day commented on the Tobacco Ordinance.
Mr. Kyle Merritt commented on the Tobacco Ordinance.
Mayor Kelley encouraged SWAT to continue their fight against tobacco use. He further stated
that this is a good cause and wished them well.
Mr. Sammy Day commented on tobacco and smoking.
Ms. Julia Rushman commented on the Tobacco Ordinance. She's stated that the youth has
worked very hard on this issue and will continue to work for this project.
Mayor Kelley suspended the Commission Meeting at 8:10 p.m. until Commissioner Antonius
Barnes could be reached.
Mayor Kelley reconvened the Commission Meeting at 8:23 with the arrival of Commissioner
Antonius G. Barnes.
Public Hearing re-opened at 8:23 p.m.
Second and final reading of Ordinance 741, Adopting a General Fund Budget and Approving Enterprise Fund Budgets.
Motion by Commissioner Haynes: To adopt the General Fund Budget as
presented.
Second to the motion: Commissioner Barnes.
Mr. Sammy Day commented on the budget.
Ms. Barbara Day commented on the budget and grant monies.
Ms. Sally Stanley commented on the budget. She stated that everyone is doing a great job.
Mr. Rob Jackson stated that a motion to excuse Commissioners Barnes and Wittkopf was
approved by the Commission and that motion was until either one of them could show up.
Section 2-45 of the City Charter requires 3 affirmative votes to pass any ordinance of the City.
There was a public hearing - the millage passed, the Enterprise Fund passed, Ord. 741 was
considered and voted 2-1 - it did not pass; the meeting was recessed until one of the two
Commissioners could be present. Commissioner Barnes did arrive and the meeting was
reconvened; a motion to reconsider Ord. 741 and the public was allowed to participate in that
vote.
On Vote:
Haynes: aye
Barnes: aye
Schad: no
Kelley: aye Motion passed: 3-1
Mayor Kelley closed the Public Hearing at 8:35 p.m.
The Commission Meeting was re-opened at 8:35 p.m. There was no further business to discuss
and the meeting was adjourned at 8:35 p.m.
CONTINUATION OF CITY COMMISSION MEETING
SATURDAY, SEPTEMBER 28, 2002 - 8:00 A.M.
Present:
Walter T. Kelley, Mayor
Harold Haynes, Commissioner
Roger Schad, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Lieutenant
Commissioner Antonius G. Barnes and Commissioner Frances Wittkopf participated via
telephone.
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance
followed.
Item #3. PUBLIC HEARING CONTINUATION:
8:02 a.m.
A. Proposed Millage Rate for 2002 Tax Roll: City Manager Lynch reported that the
Commission is being asked to set the ad valorem millage rate at 4 mils. This is
the same rate that has been maintained over the previous three fiscal years.
After audience participation City Manager Lynch read Resolution 2002-09-316 by title only.
Motion by Commissioner Barnes: To adopt Resolution 2002-09-316 as
presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 5-0
Adoption of Millage Rate: 8:06 a.m.
B. Proposed budget for FY 2002-2003 2nd and final reading of Ordinance 741, Adopting a General Fund Budget and Approving Enterprise Fund Budget
After audience participation City Manager Lynch read Ordinance 741 by title only. This was
the second and final reading.
Motion by Commissioner Haynes: To accept the budget as presented.
Second to the motion: Commissioner Barnes.
Commissioner Wittkopf stated that she was not in agreement with everything in the budget but
believes they can work together.
On Vote:
Haynes: aye
Barnes: aye
Schad: no
Wittkopf: aye
Kelley: aye Motion passed: 4-1
Public Hearing closed at 8:31 a.m.
City Commission Meeting Minutes of September 23, 2002
Continuation Meeting Minutes of September 28, 2002
APPROVED THIS 8th DAY OF OCTOBER 2002.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
