CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
DECEMBER 10, 2002 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, December 10, 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 gave the Invocation. The Pledge of Allegiance
followed.
Item #3. Mayor's Report:
Mayor Kelley reported that the City has arrested drug dealers who
were operating in Lynn Haven and they are now behind bars. Mayor Kelley further reported
that at the MPO meeting Hwy 77 is still on schedule, Hwy 390 is #3 on the list, sidewalks from
Mowat School Road to Baldwin Road on the west side and we are now supporting the County
to four lane Hwy 390 from Hwy 77 to Hwy 231.
Item #4. Commissioner's Report:
-
Wittkopf:
- No report.
-
Schad:
- Commissioner Schad wished everyone a joyous holiday.
-
Haynaes:
- Commissioner Haynes wished everyone a Merry Christmas and a Happy New
Year.
-
Barnes:
- Commissioner Barnes also wished everyone a happy holiday.
Item #5. City Manager's Report:
A. Monthly Department Reports: provided in
packet.
City Manager Lynch reported that he will be out of town December 29- January 5, 2003.
City Manager Lynch also reported that the little girl that was burned on Sunday is in a burn unit
in Birmingham and will let them know as she progresses.
Item #6. City Attorney's Report:
No report.
Mayor Kelley wished everyone a happy holiday.
PUBLIC HEARING OPENED:
4:03
Item #7. Small Scale Plan Amendment - North of Mosley Drive and East of Minnesota Avenue:
Ms. Barbara Day commented on the traffic situation on Mosley Drive.
Ms. Anna Vera Yingling commented on the density of the property. She stated that she hoped
that it would not be increased. Ms. Yingling also stated that Mosley High School is
overcrowded.
Mr. Sammy Day commented on the Small Scale Amendment.
After audience participation the Public Hearing was closed at 4:10 p.m.
CONSENT AGENDA:
Item #8. Minutes:
11/12/02 - 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
OLD BUSINESS:
Item #9. Discussion and possible action regarding utility bill for Gulf Coast Gem & Mineral Society:
Commissioner Haynes stated that he sympathizes with the Gem & Mineral
Society, however, they will need to pay the utility bill as presented.
Motion by Commissioner Haynes: To pay the utility as presented.
Second to the motion: Commissioner Barnes.
Ms. Bibiana Neal commented on the lease for the Gem & Mineral Society.
Mayor Kelley stated that the City will not discriminate against anyone. Each person that has a
utility bill will also be billed for garbage.
Ms. Anna Vera Yingling commented on the utility bill of the Gem & Mineral Society.
Ms. Barbara Day wanted to know why this has been brought up at this time.
Mr. Sammy Day commented on the utility bill of the Gem & Mineral Society.
Mr. Claude Mixdorf commented on the utility bill of the Gem & Mineral Society.
Ms. Sara McCoy wanted to know what the utility bill would be each month.
City Manager Lynch stated that it depends on the usage.
Ms. McCoy stated that they would like to rent out part of their building.
Commissioner Haynes stated that he does not have a problem with revisiting the lease for
consideration of rental options.
Commissioner Haynes amended his motion: The utility charges will begin with the December
15, 2002 billing.
Commissioner Barnes seconded the amended motion.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Mayor Kelley suggested that the Gem & Mineral Society meet with City Manager Lynch to
renegotiate the lease.
Item #10. Second and final reading of Ordinance 745, Small Scale Plan Amendment:
City
Manager Lynch read Ordinance 745 by title only. This was the second and final reading.
Mr. Dan Duda, Bay Solutions, stated that this is a development by Pinnacle Housing Group.
This will be a housing development consisting of 132 rental units on approximately nine acres.
This will be a gated community. Current zoning allows for 10 units per acre and Pinnacle
Housing Group is asking for a zone change in density to allow for 14 units per acre.
Motion by Commissioner Haynes: To approve Ordinance 745 as presented.
Second to the motion: Commissioner Barnes.
Mayor Kelley commented on the zoning use. He stated that the for sale sign is stating that the
property is zoned medium density.
Commissioner Wittkopf stated that the citizens should be aware of the zone change request.
Mr. Emory Pitts, Building Official, stated that the zone change request has been noted on
Minnesota Avenue.
Mayor Kelley stated that he would like to see single family homes in this area.
Commissioner Wittkopf stated that she was concerned with impact on schools and traffic.
After lengthy participation the following vote was taken.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: no
Kelley: no Motion passed: 3-2
NEW BUSINESS:
Item #11. Resolution #2002-12-320, Emergency Management Preparedness and Assistance Program:
City Manager Lynch read this resolution by title only. This is a resolution
to support the submittal of a grant application to the Emergency Management Preparedness &
Assistance Trust Fund for the purpose of purchasing wave runners and equipment for water
rescues.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
Mr. Sammy Day suggested that the City rent wave runners when needed. He stated that he did
not think the City needed to pursue this grant.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #12. Discussion and possible action regarding disposal of surplus equipment and vehicles:
City Manager Lynch stated that rather than donating the surplus equipment, the
purchasing policy states that items shall be put out for bid before donating can occur.
Motion by Commissioner Barnes: To accept the recommendation of staff to
place the surplus items out for bid as presented.
Second to the motion: Commissioner Haynes.
Ms. Barbara Day commented on the bid list.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 5-0
Item #13. Discussion and possible action to award contract for City Hall roof repairs:
To approve award of contract to Centennial Roofing for City Hall roof repairs for $22,666.00.
Motion by Commissioner Barnes: To award bid as presented.
Second to the motion: Commissioner Schad.
Ms. Anna Vera Yingling commented on the roofing bid.
Ms. Barbara Day commented on the roofing bid.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 5-0
Item #14. Discussion and possible action to
award bid for Watermain Improvements - 11th Street & Wildridge Road:
City Manager Lynch reported that staff is recommending
approval of a bid award to Gulf Coast Utility Contractors in the amount of $87,500.00.
Motion by Commissioner Haynes: To approve the recommendation of staff as
presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day commented on the cost of the watermain improvements.
Ms. Anna Vera Yingling commented on the project. She felt that the projects should be lumped
together. Ms. Yingling also commented on spot zoning.
Mr. Sammy Day commented on case law.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #15. Discussion and possible action regarding approval of
Development Order for Zaxby's Restaurant:
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Ms. Barbara Day commented on the Zaxby's development.
Ms. Anna Vera Yingling stated that the City should not grant any variances.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #16. Discussion and possible action regarding approval of
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day commented on the East Belaire Estates development.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #17. Discussion and possible action regarding approval of
Development Order for Lynn Haven United Methodist Church:
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 #18. First reading of Ordinance 746, Annexation. (Located between State Avenue & Jenks Avenue.):
City Manager Lynch read Ordinance 746 by title only. This was the first
reading and no action was required.
Item #19. Discussion and possible action regarding Consent Agreement:
City Manager
Lynch stated that a Consent Agreement, which has been negotiated with FDEP, relative to our
pending permit on AWT. The agreement requires an in-kind penalty and it is an agreement
opposed to an order. Staff recommends approval.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Haynes
Ms. Barbara Day commented on the consent agreement.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 5-0
Item #20. Christmas bonus for City employees:
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 #21. Discussion and possible action regarding
County's recent sewer pipeline decision:
City Manager Lynch reported that the County had previously voted to cover the
exposed pipeline with concrete mattresses, however, with the new commission it was decided
that they would rather bury the pipeline. They plan to fund this with monies from the General
Fund not Enterprise Funds. This method will use the taxpayers dollars. Staff request permission
to send a letter to the Bay County Chairman urging them to reconsider the decision in not using
ad valorem monies for this service.
Motion by Commissioner Haynes: To accept the recommendation of staff as
presented.
Second to the motion: Commissioner Barnes.
Attorney Jackson stated that any City can pass a resolution that identifies what the issue is and
petition the County Commission to come up with an alternative to resolve this issue or to reject
the City's claim; Panama City is involved with working out the language for a resolution at this
time.
Attorney Sale stated that a member of his firm represents the City of Callaway, however, they
are not involved with this issue at this time.
City Manager Lynch stated that he has instructed Attorney Jackson to keep Mr. Ken Goldberg,
the City's land attorney, abreast of the situation in case he would have to take over due to
conflicts of interest.
Ms. Barbara Day commented on spending money and the AWT system.
Ms. Anna Vera Yingling commented on attorney fees and who should be responsible for paying
them.
Mr. Sammy Day commented on the pipeline issue.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #22. Discussion of possible action regarding
2 year versus 4 year terms for Mayor & Commissioners:
Item removed for the Agenda.
Item #23. Resolution 2002-12-321, authorizing the execution and delivery of a master/lease purchase agreement for a 2003 Fire truck:
City Manager Lynch by title only.
This is a ladder truck previously approved by the Commission in the amount of $488,900; the
City is now working on the funding mechanism to obtain this truck.
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day suggested the City could save money by buying a used fire truck.
Ms. Anna Vera Yingling commented on the fire truck.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #24. Public Commentary:
Mr. Leon Miller wanted to know about lighting at Cain Griffin Park. He also wanted to know
about a light at TFCU.
City Manager Lynch stated that FDOT did a traffic study, however, it was determined that it
was not warranted.
Ms. Anna Vera Yingling commented about a light at Mowat School Road & Hwy 390. She also
suggested that the Gem & Mineral Society be charged a flat fee of $5 for their water bill. Ms.
Yingling wanted to see the agenda placed in the newspaper.
Ms. Barbara Day suggested the revenue & expenditure be placed in the commission packet
every two weeks. She also wanted to know if the $1 to the park was going to be removed from
the utility bill.
Mr. Rick Dye, AmSouth Bank, stated that he is a new resident to the City and is very pleased
with the way the City is being run and the courtesy extended to him from staff.
There was no further business to discuss and the meeting was adjourned at 5:58 p.m.
APPROVED THIS 28th DAY OF JANUARY 2002.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
