CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
MARCH 25, 2003 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on March 25, 2003 at 7:00 p.m. in
the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Harold Haynes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief
Absent:
Antonius G. Barnes, Mayor Pro Tem/Commissioner
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance
followed.
Changes to the Agenda:
Delete Item #12. Discussion regarding library initiative by Mr. Vickery
Delete Item #15. Discussion and possible action regarding additional Homestead Exemption
for senior citizens
Add Item #17A. Discussion and possible action regarding Interlocal Agreement between the
City & Bay County regarding north side of HWY 390 from Pipeline Road to Britton Road
Add Item #17B. Discussion and possible action regarding Reimbursement Agreement between
the City & Bay County regarding north side of HWY 390 from Pipeline Road to Britton Road
Table Item #7. Large Scale Plan Amendment 2003-L1 - Public Hearing
Table Item #13. Discussion and possible action approving transmittal of Large Scale Plan
Amendment 2003-L1 to various agencies.
Item #4. Mayor's Report:
Mayor Kelley thanked the people for their prayers, phone calls and
flowers during his wife’s illness and hospital stay.
Item #5. Commissioner's Report:
-
Wittkopf:
- No report.
-
Schad:
- Commissioner Schad thanked the City for the flags and ribbons placed in
Sheffield Park in support of our troops.
City Manager Lynch reported that Ms. Charlene Messer was responsible for the flags & ribbons
and thanked her for her efforts.
-
Haynes:
- Commissioner Haynes reported that he has received an invitation to attend the
Celebration of Reading which is being hosted by Governor Bush and his parents. Mr. Haynes
reported that he will be attending this function latter in the week.
Motion by Commissioner Schad: To excuse Commissioner Barnes from the
meeting.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
Lt. Les Nelson, State Fire Marshall, made a presentation to Fire Chief Richard Morrison for the
great job that is being done by the Lynn Haven Fire Department.
Item #5. City Manager's Report:
City Manager Lynch provided the Commission with the
water contracts to be discussed latter in the meeting.
City Manager Lynch reported that the School Planning Interlocal Agreement that was provided
by Planning & Development is going to be sent to WFRPC by March 28, 2003. Any comments
or changes please advise so that they may be included.
City Manager Lynch reported that the complaint filed by Ms. Shirley Rowe of alleged code
violations has been addressed by the Code Enforcement Officer and sent to the Attorney for
review and comment. A final report should be forthcoming this week.
Mayor Kelley asked that this report be on the next agenda.
Item #6. City Attorney's Report:
City Attorney Jackson reported that several years ago the
City entered into a trust agreement with the owners of Summer’s Landing where they could, on
a pass through basis, use some City financing to get a lower financial rate. Summer’s Landing
made their payment directly to the trust company and the City took a mortgage on the property.
Summer’s Landing has been sold, the trust has been satisfied, and a request is being made that
the City release the mortgage.
Motion by Commissioner Haynes: To authorize satisfaction of the Summer’s
Landing mortgage as presented by the Attorney.
Second to the motion: Commissioner Wittkopf.
On Vote:
Haynes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Attorney Jackson provided a survey of the Ravenwood Homes property. This property has a
lift station and a 25' easement. The owner of this property has given the City a Quit Claim
Deed
for fee simple title on the lift station that is located in the southwestern corner of the property
and also provided the City with a 25' easement for utilities. Attorney Jackson recommends
approval of the Quit Claim Deed and the easement as provided with the condition that the
subordination agreement be signed by Emerald Coast Bank.
Motion by Commissioner Schad: To accept the recommendation as presented.
Second to the motion: Commissioner Haynes.
Ms. Barbara Day commented on the lift station and the easement. She wanted to know who
took care of the lift stations.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
PUBLIC HEARING:
Item #7. Large Scale Plan Amendment 2003-L1:
Motion by Commissioner Haynes: To table this item.
Second to the motion: Commissioner Schad.
This item is being tabled at the request of the property owner.
On Vote:
Haynes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
CONSENT AGENDA:
Item #8. Minutes:
3/11/03 - Regular Meeting
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Haynes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #9. Award of 4th of July Fireworks contract to Pyro Shows in the amount of $16,000:
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Haynes.
Commissioner Schad stated that this is a different company from last year. Pyro Shows did the
fireworks for Panama City last year and people seemed to be impressed.
On Vote:
Wittkopf: aye
Haynes: aye
Schad: aye
Kelley: aye Motion passed: 4-0
NEW BUSINESS:
Item #10. Discussion and possible action regarding
dedication of land use at 5th Street Ballpark:
Staff recommends approval of dedication of land use at 5th Street Ballpark as an
outdoor recreation area for the use and benefit of the general public in perpetuity. This is being
done pursuant to Florida Recreation Development Assistance Program (FRDAP) Rule.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Ms. Barbara Day commented on the ballpark. She felt the ballpark should have been completed
3-4 years ago.
Ms. Shirley Rowe wanted to know what was going to be at the park.
Commissioner Schad stated that a plan has been presented and approved by the Commission
in the past. The park will be used for recreation.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
Item #11. Discussion and possible action regarding
renewal of contract agreement with Infinite Energy:
Staff recommends approval of renewal of contract agreement with Infinite
Energy to provide natural gas to the City as a pool manager. As a commercial customer of
TECO Peoples Gas, the City has the option of purchasing natural gas through a gas pool
manager. The City contracted with Infinite Energy last year and it resulted in a $2,725 savings
to the City.
Motion by Commissioner Schad: To approve the contract as presented.
Second to the motion: Commissioner Haynes.
Mr. Larry Wells commented on the contract agreement. He was concerned that this was not
a competitive bid.
Ms. Barbara Day wanted to know what date the bids went out.
Mr. Claude Mixdorf commented on the gas contract.
Ms. Anna Vera Yingling wanted to know what media was used for advertising.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
Item #13. Discussion and possible action approving
transmittal of Large Scale Plan Amendment 2003-L1 to various agencies:
Motion by Commissioner Haynes: To table this item.
Second to the motion: Commissioner Wittkopf.
On Vote:
Haynes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #14. Award of road paving contract:
Staff recommends approval to award road paving
contract to C. W. Roberts in the amount of $287,258.15.
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Schad.
Ms. Shirley Rowe wanted to know what roads would be paved from this contract.
City Manager Lynch reported that 1.1 miles of dirt roads would be paved with this contract.
This work is done during this time of year because of weather restrictions.
Mayor Kelley reported that the City is following a paving list that was done in 1996.
Ms. Anna Vera Yingling wanted to know the status of 19th Street from Kentucky to Carolina
that is being used to park big trucks on. She suggested it be paved.
Ms. Barbara Day commented on the street paving list. She said things happen at election time.
Mr. Claude Mixdorf wanted to know what roads would be paved.
City Manager Lynch reported as follows:
11th Street from Tennessee to Florida Avenue
9th Street from Delaware to Mississippi Avenue
13th Street from New Hampshire to 100' East of Maine Avenue
15th Street from Maine Avenue to New Hampshire Avenue
16th Street from Montana to Maine Avenue
2nd Street from Georgia to New York Avenue
1st Street from Kentucky to Carolina Avenue
9th Street from Arkansas to Iowa Avenue
17th Street from Maine Avenue to Vermont Avenue
Kentucky Avenue from 12th Street to the dead end
Mr. Sammy Day commented on the paving list.
On Vote:
Haynes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #15. Discussion and possible action regarding
additional Homestead Exemption for senior citizens:
Deleted.
Item #16. Discussion and possible action regarding
height for multi-family buildings in Commercial Zoning area (Request by Vestcor Development Corporation for 3 stories):
City Manager Lynch asked that this item be withdrawn from the agenda.
Motion by Commissioner Schad: To delete this item.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
Item #17. Discussion and possible action regarding authorizing a
study aimed at imposing additional impact fees for such areas as Police, Fire, Recreation, Roads and Library:
Staff recommends a study be conducted to determine if additional impact fees are needed to meet the
long range needs of the City. It is being suggested that this be addressed during the Strategic
Planning Workshop and in the interim the City Manager will look into cost and criteria required
for such a study.
Motion by Commissioner Schad: To address this issue during the Strategic
Planning Workshop.
Second to the motion: Commissioner Wittkopf.
Ms. Barbara Day suggested this item be trashed. Ms. Day stated that double taxation is illegal.
Ms. Anna Vera Yingling commented on impact fees.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
Item #17B. Discussion and possible action regarding
Reimbursement Agreement between the City and Bay County regarding north side of HWY 390 from Pipeline Road to Britton Road:
Commissioner Haynes stated that he did not have a problem with this agreement but wanted
the reimbursement agreement to change word from "desire" to "shall" and put the time frame
of ten days in the agreement.
Attorney Jackson stated that the changes will be made and
paragraph 4, about indemnity, be deleted from the reimbursement agreement. He stated that
he did not have an issue with these changes.
Motion by Commissioner Schad: To approve the Interlocal and Reimbursement
Agreements, with changes, as presented.
Second to the motion: Commissioner Haynes.
City Manager Lynch stated that this essentially allows us to put in place a 20" water
transmission main along the northside of HWY 390 from Pipeline Road to Transmitter Road
although that line would continue from Pipeline Road to Britton Road and be used by Bay
County. The City will be a pass through for money; we will enter into an Interlocal Agreement
with Bay County; we will take money from the developer - give it to the County to pay for half
of the construction and then the County will reimburse, by passing the money through the City
to the developer, not latter than December 2005. It will be on Bay County's next agenda.
Ms. Barbara Day commented on the agreement.
Mr. Claude Mixdorf commented on the agreement.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 4-0
Item #18. Public Commentary:
Mr. George Green, Sr., 95 East 12th Street, stated that he was concerned with stormwater in his
neighborhood. He suggested that the ditches on 12th Street and 13th Street be cleaned to help
with stormwater drainage.
Mayor Kelley stated that Mr. Green’s comments were well taken and the City Manager will
look into it.
Commissioner Haynes stated that with new construction culverts get stopped up and they need
to be redone. He also suggested cleaning the ditches.
Ms. Barbara Day commented on election time and drainage problems. She stated the ditches
should always be cleaned. Ms. Day also talked about annexations.
Ms. Anna Vera Yingling commented on drainage issues.
There was no further business to discuss and the meeting was adjourned at 8:10 p.m.
APPROVED THIS 8th DAY OF APRIL 2003.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
