CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
JULY 22, 2003 - 4:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, July 22, 2003 at 4:00 p.m. in the Commission Meeting Room at City Hall.

Present:	
Walter T. Kelley, Mayor
Frances Wittkopf, Mayor Pro Tem/Commissioner
Antonius G. Barnes, Commissioner
Roger P. Schad, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief

Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance followed.

Item #3. Mayor's Report:

Mayor Kelley announced that Zaxby's Chicken will be having a grand opening on July 24, 2003 and Mayor Pro Tem Wittkopf will be attending this opening for him as he will be out of town.

Mayor Kelley also reported that Hwy 77 has been renamed Lynn Haven Parkway from Baldwin Road to Mowat School Road.

Motion by Commissioner Barnes: To excuse Commissioner Haynes from the meeting.
Second to the motion: Commissioner Schad.

On Vote:	
Barnes:		aye
Schad:		aye
Wittkopf:		aye
Kelley:		aye			Motion passed: 4-0

Item #4. Commissioner's Report:

Barnes:
No report.
Schad:
No report.
Wittkopf:
No report.

Item #5. City Manager's Report:

City Manager Lynch reported that at the last Planning Commission meeting a citizen requested that the Planning Commission take steps to curtail truck traffic from using Maine Avenue for ingress/egress to the Industrial Park. The Planning Commission voted to send this issue to the Commission for action. Staff recommends this item and brought back to the Commission at the next meeting when a full commmission should be present.

Motion by Commissioner Barnes: To table this item until the next meeting.
Second to the motion: Commissioner Wittkopf.

On Vote:	
Barnes:		aye
Schad:		aye
Wittkopf:		aye
Kelley:		aye			Motion passed: 4-0

Item #6. City Attorney's Report:

City Attorney Jackson reported that he attended the Florida Municipal Attorney's Association seminar a few weeks ago and it was very informative.

PUBLIC HEARING OPENED: 4:03 p.m.

Item #7. Small Scale Plan Amendment - SSA-03-1 (Hwy 77 & Baldwin Road):

After several concerns regarding stormwater drainage, noise, construction and safety issues from numerous citizens of Premier Estates and others the Public Hearing was closed at 5:04 p.m.

CONSENT AGENDA:

Item #8. Minutes:

7/08/03 - Regular 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
OLD BUSINESS:

Item #9. Second and final reading of Ordinance 717, Annexation, Davis/Merriam:

City Manager Lynch read Ordinance 717 by title only. The was the second and final reading.

Motion by Commissioner Barnes: To not approve Ordinance 717 as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:	
Barnes:		aye
Schad:		aye
Wittkopf:		aye
Kelley:		aye			Motion passed: 4-0

Item #10. Second and final reading of Ordinance 750, Annexation, Lewis Baber:

City Manager Lynch read Ordinance 750 by title only. This was the second and final reading.

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

Ms. Day wanted to know the location. She suggested that better advertising be done in the future.

Mr. Emory Pitts, Building Department, stated that this is an existing four office strip complex located between Phelps Petroleum & Fluid Power on Hwy 390.

On Vote:	
Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye 			Motion passed: 4-0

Item #11. Second and final reading of Ordinance 751, Small Scale Plan Amendment, SSA-03-1:

No action required; Ordinance 717 was denied.

Motion by Commissioner Schad: To strike this item from the agenda.
Second to the motion: Commissioner Wittkopf.

On Vote:	
Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye			Motion passed: 4-0
NEW BUSINESS:

Item #12. Resolution #2003-07-332, directing Supervisor of Elections to hold a referendum election on 9/9/03:

City Manager Lynch read Resolution 2330-07-332 by title only.

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

Ms. Barbara Day commented on the cost of the election.

On Vote:	
Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye			Motion passed: 4-0

Item #13. Resolution #2003-07-333, Operation Assistance Agreement with Bay County Sheriff's Office:

City Attorney Jackson read Resolution 2003-07-333 in its entirety.

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 #14. Set proposed millage rate for purposes of submissions of Certificate of Taxable Value to Property Appraiser's Office:

Motion by Commissioner Barnes: To set the millage at 4 mils.
Second to the motion Commissioner Schad.

City Manager Lynch stated that staff recommends approval of the proposed aggregate millage rate of 4 mils; we have not had an increase since 1999 in the rate. Current taxable value for operating purposes is $545,775,205 that amount times 4 mils yields total taxes to be levied at $2,183,100 which is $251,067 more than last year. Because the amount is higher, even though the rate won't change, under the TRIM certification it is considered a tax increase, a situation known as rollback. In this case the rollback rate is 3.7001 mils which expresses a percent change of 8.1058%. For budgetary purposes 4 mils equates to $2,117,607.

Ms. Barbara Day commented on the rollback rate.

Mr. Larry Wells commented on the millage rate.

Ms. Anna Vera Yingling suggested money be spent on roads and sewer pipes.

On Vote:	
Barnes:		aye
Schad:		aye
Wittkopf:		aye
Kelley:		aye			Motion passed: 4-0

Item #15. Discussion and possible action regarding approval to purchase garbage containers:

Staff recommends approval to purchase 450 mobile garbage containers from Consolidated Disposal Systems, Inc. in the amount of $18,700. This is a budgeted item.

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

Ms. Anna Vera Yingling suggested that deposits be charged for garbage cans.

Ms. Barbara Day commented on the purchase of garbage cans.

On Vote:	
Schad:		aye
Wittkopf:		aye
Barnes:		aye	
Kelley:		aye			Motion passed: 4-0

Item #16. Discussion and possible action authorizing City Manager to begin negotiations with Burton & Associates for a revenue sufficiency analysis:

Motion by Commissioner Wittkopf: To table this issue until the next meeting.
Second to the motion: Commissioner Barnes.

Commissioner Schad stated that he does not see why this issue should be tabled. He further stated that this is something that is done every 4-5 years.

City Manager Lynch stated that this project was approved during the last budget period. He further stated that it was also approved during the strategic plan meeting.

Mayor Kelley stated that it should go forward so that we can plan for the future. Ms. Barbara Day commented on the revenue sufficiency analysis.

Commissioner Wittkopf amended her motion to include the August 12, 2003 meeting date.
Commissioner Barnes amended his second to the motion.

On Vote:	
Wittkopf:		aye
Barnes:		aye
Schad:		no
Kelley:		aye			Motion passed: 3-1

Item #17. Discussion and possible action awarding bid to Suncoast Infrastructure, Inc. for construction of the Sanitary Sewer Rehabilitation -2003 project:

Sealed bids were received and opened on July 7, 2003 in regards to construction of the Sanitary Sewer Rehabilitation-2003. Staff recommends approval of Suncoast Infrastructure, Inc. as the lowest qualified bidder with a base bid of $174,778.

Motion by Commissioner Barnes: To accept the bid as presented.
Second to the motion: Commissioner Schad.

Mr. Larry Wells stated that he has a problem with the bids. He stated that he does not believe the City is doing a competitive procurement.

Ms. Anna Vera Yingling wanted to know if Suncoast Infrastructure, Inc. was a newcomer and she also wanted to know about their background.

Ms. Barbara Day wanted to know who would be overseeing the job.

City Manager Lynch stated that Panhandle Engineering, City Engineer, would oversee the job.

Ms. Barbara Day suggested that the City fire their engineer.

On Vote:	
Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye			Motion passed: 4-0

Item #18. Public Commentary:

Mr. Leon Miller stated that 17th street between Illinois Avenue & Hwy 77 needs to be addressed for re-paving. Mr. Miller also stated that it is hard to drive on Minnesota & Mosley Drive.

Mr. Dale Robitaille, 1805 New Hampshire Avenue, had concerns about the right-of-way being used at 19th Street & Carolina Avenue. Mr. Robitaille believes this is a large lot and not a right-of-way and people should not be allowed to park on it. He suggested the City take a hard look at this piece of property, reclassify it, sell it and fix the boat ramps at the park.

Mr. Sammy Day wanted to know how much money was in the stormwater fund.

City Manager Lynch stated that there was $450,000 in the fund.

Ms. Anna Vera Yingling thanked the commission for not voting on the Merriam/Davis annexation.

Ms. Barbara Day thanked Commissioner Wittkopf for making some motions that are very valuable to the taxpayers.

There was no further business to discuss and the meeting was adjourned at 6:04 p.m.

APPROVED THIS 12th DAY OF AUGUST 2003.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager-Clerk

Prepared by Laurie Baker

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