CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
NOVEMBER 12, 2002 - 4:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, November 12, 2002 at 4:00 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 reported that he will be attending the FLC Legislative Conference in Orlando tomorrow for two days.

Item #4. Commissioner's Report:

Wittkopf:
Commissioner Wittkopf reported that she will be attending a growth management workshop tomorrow and will be attending a main street conference on Thursday and Friday.
Schad:
No report.
Barnes:
Commissioner Barnes stated that he will be attending a meeting sponsored by Senator Clary tomorrow.
Haynes:
No report.

Item #5. City Manager's Report:

A. Monthly Department Reports: provided in packet.

City Manager Lynch reported that he will also be attending the main street conference, along with Commissioner Wittkopf, over the next three days.

Mayor Kelley thanked everyone who donated their time and funds for a wonderful Halloween Carnival.

Item #6. City Attorney's Report:

No report.

CONSENT AGENDA:

Item #7. Minutes:

10/22/02 - Regular Meeting

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

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

Item #8. Approval to cancel City Commission Meeting of 11/26 due to Thanksgiving and the Commission Meeting of 12.24 due to Christmas:

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

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

OLD BUSINESS:

Item #9. Discussion of utility late fees, billing information and traffic counts (900-1200 Block of Illinois Avenue):

Mayor Kelley reported that staff has reviewed this policy and traffic counts and find that no changes should be made.

Commissioner Haynes stated that he concurs with the Mayor.

Commissioner Barnes stated that he agrees and that he does not feel the City of Lynn Haven is out of line.

Motion by Commissioner Haynes: To leave fees and billing information as it is.
Second to the motion: Commissioner Barnes.

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

NEW BUSINESS:

Item #10. Discussion and possible action regarding Article III of the Florida League of Cities Charter:

City Manager Lynch reported that the City had received a letter from the City of New Port which is suggesting that we adopt a resolution that eliminates counties from the League of Cities. Mr. Lynch stated that the ICCMA and the FCCMA has maintained as its goal cooperation with counties and does not feel that this resolution would be in the best interest in maintaining good working relations. Staff recommends not to support a resolution.

Motion by Commissioner Schad: To accept the recommendation of Staff.
Second to the motion: Commissioner Haynes.

Mr. Sammy Day called a point of order. He stated that you can't discuss and item without a motion.

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

Item #11. Discussion and possible action regarding Interlocal Agreement for Public School Facility Planning and appointment of City representatives at meetings and to assist with the Interlocal Agreement:

Motion by Commissioner Haynes: To appoint Ms. Debbie Marley and Mr. Emory Pitts as representatives of the City and Mr. Rob Jackson will be in attendance to advise the representatives of the City.
Second to the motion: Commissioner Wittkopf.

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

Item #12. Discussion and possible action regarding utility bill for Gulf Coast Gem & Mineral Society, Inc.:

City Manager Lynch stated that he attended a meeting with the Mayor, the Lions Club and the Gem & Mineral Society. He stated that he learned at this meeting that the Gem & Mineral Society was not paying a utility bill. He instructed staff to begin charging the Gem & Mineral Society a monthly utility bill. The Gem & Mineral Society has written a letter to the City requesting that the utility bills be waived per an agreement made with past staff members.

Commissioner Barnes stated that he was concerned with waiving fees and setting a precedence.

Ms. Bibianna Neal stated that the Gem & Mineral Society will pay the utility bill, however, they do not wish to pay the garbage.

Mayor Kelley stated that the policy is that the everyone in the City pays both utility and garbage bills.

Ms. Neal stated that the City schedules the room for other events.

Motion by Commissioner Barnes: To table this issue until further information could be obtained.
Second to the motion: Commissioner Haynes.

Commissioner Haynes stated that he does not have a problem with them paying the utility and garbage fees, however, more information needs to obtained regarding the City scheduling the rooms for other events.

Ms. Barbara Day commented on the Lions Club. She stated that she hopes everyone is treated the same.

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

Item #13. First reading of Ordinance 745, Small Scale Plan Amendment, SSA-02-2:

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

Mayor Kelley stated that this land was annexed into the City approximately six years ago as medium density and he cannot support the request that it be changed to high density.

Commissioner Wittkopf stated that she agrees with Mayor Kelley.

Ms. Barbara Day asked that she was not for this request. She felt that this should not be on the agenda.

Ms. Anna Vera Yingling congratulated Mayor Kelley and Commissioner Wittkopf for their position on this request.

Item #14. Resolution 2002-11-319, Supporting House Bill 851:

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

Mr. Bob Taylor stated that six projects are being submitted for consideration:

  1. Storage Tank
  2. Re-Use Line
  3. Ultra Violet Disinfection System
  4. Street Sweeper
  5. Vac Truck
  6. Down Stream Project - Tennessee Environmental Park

Total request $1.5 million

City Manager Lynch read Resolution 2002-11-319 by title only.

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

Ms. Barbara Day commented on re-use.

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

Item #15. Discussion and possible action regarding Mutual Aid Agreement with Tyndall AFB:

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 #16. Discussion to assess City's Interest in participating in SHARE Program with Northwest Florida League of Cities:

City Manager Lynch stated that we received a letter from Mr. Tommy McDonald, President, NWFLC, who is doing a survey to determine what municipality has what equipment and whether we would be receptive in allowing others to use this equipment. It is essentially a cooperative effort.

City Manager Lynch stated that he is always willing to help other municipalities, however, this does not specify cases of emergency and if the City wishes to participate that it specify emergency situations on a temporary basis.

Mayor Kelley stated that it is a good idea, however, there needs to be strict guidelines for liability.

Motion by Commissioner Schad: To respectfully decline participation in this program.
Second to the motion: Commissioner Barnes.

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

Proclamation: Bible Week 11/24 to 12/1:

City Manager Lynch read this proclamation in its entirety.

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

Ms. Anna Vera Yingling stated that religion and state should be separated.

Commissioner Schad stated that we are issuing a proclamation not stating a governmental stance.

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

City Attorney Jackson stated that on Item #11 there were two elements:

1) to appoint a representative
2) to appoint a lead agency

Motion by Commissioner Barnes: To appoint West Florida Regional Planning Council as the lead agency for the City.
Second to the motion: Commissioner Schad.

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

Item # 17. Public Commentary:

Ms. Anna Vera Yingling stated that she is concerned with the way the City Commission Meetings are advertised. She suggested that the date and time of the meetings be advertised in the newspaper. She also stated that Mr. Sammy Day should be appointed to make sure that Roberts Rule of Order is followed by the Commission.

Ms. Barbara Day commented on the amended budget. Ms. Day also commented on the purchase of the Methodist Church.

Ms. Sally Stanley stated that Item #13 was brought to the Commission for consideration as it should be. She also stated that the possibility of purchasing the Methodist Church was discussed at a previous meeting.

Mr. Sammy Day commented on utility increases. Mr. Day stated that he has a problem with the fact that the Commission does not go through the metal detector.

There was no further business to discuss and the meeting was adjourned at 4:58 p.m.

APPROVED THIS 10th DAY OF DECEMBER 2002.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager-Clerk

Prepared by Laurie Baker

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