CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
OCTOBER 14, 2003 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, October 14, 2003 at 7:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Antonius G. Barnes, Commissioner
Harold Haynes, Commissioner
Roger P. Schad, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief
Absent: Walter T. Kelley, Mayor
Frances Wittkopf, Mayor Pro Tem/Commissioner
Commissioner Barnes called the meeting to order. Mr. Barnes reported that Mayor Kelley and Commissioner Wittkopf are not present due to family emergencies. He asked that our prayers be with them during this time.
Motion by Commissioner Schad: To appoint Commissioner Barnes as the interim Mayor Pro Tem.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
Motion by Commissioner Schad: To excuse Mayor Kelley & Commissioner Wittkopf from the meeting tonight.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
Mayor Pro Tem Barnes gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor's Report:
A. Proclamation - Change Your Clock-Change Your Battery Day - 10/26/03: City Manager Lynch read this proclamation in its entirety.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
B. Life Safety Award Presentation - Fire Dept.: Mayor Pro Tem Barnes presented Fire Chief Richard Morrison with the Life Safety Award.
Item #4. Commissioner's Report:
Commissioner Schad stated that taxes on homes go up because of increases in market values and assessed value.
Commissioner Schad stated that the arrests made and reported in the News Herald are reported by the Sheriff’s Office. This does not reflect the total activity that is done by Lynn Haven's Police Department. Commissioner Schad reported that the Police Department, on average, is involved in 3,688 instances where they have responded or had some activity per month.
Haynes: No report.
Commissioner Barnes stated that he received a call from the State Fire Marshall who informed him that the Fire Department did a fine job in responding to a fire at Mowat Middle School. He thanked the Fire Department for a job well done.
City Manager Lynch stated that the Police Department has apprehended who was responsible for the fire and they should be congratulated for their work as well. City Manager Lynch stated that it was a joint effort between the two departments.
Item #5. City Manager's Report:
A. Monthly Department Reports: provided.
B. Employee of the Month - September 2003: City Manager Lynch stated that Kay Carter, Public Works Department, was selected as the Employee of the Month - September 2003. Ms. Carter could not be here tonight due to sickness and will be asked to come to the next commission meeting to receive her award.
C. Supervisor of the Quarter - September 2003: Mr. Mark Branstetter, Public Utilities Department, was presented the award for Supervisor of the Quarter - September 2003.
Item #6. City Attorney's Report:
No report.
CONSENT AGENDA
Item #7. Minutes:
9/23/03 - Regular Meeting
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
OLD BUSINESS
Item #8. Discussion and possible action regarding SR77 Corridor Management Plan Presentation:
Mr. Mike Ziegler, MPO, and members of his staff are present to give a presentation of the management plan for SR77 corridor.
A Corridor Management Plan uses access management as the basic tool for making short-term, low-cost improvements to an arterial roadway. As a result, roadways that are selected for corridor management must have a physical median, or have a median installed. The segment of SR 77 being studied in this project is from US 231 to the southern approach to the Bailey Bridge. The MPO has selected HDR to assist with this project.
Commissioner Schad stated that closing medians on SR 77 will result in an economic hardship to businesses. He suggested that access roads should be considered.
Commissioner Haynes stated that he will not support closing medians.
Mayor Pro Tem Barnes asked Mr. Ziegler if it would be possible to come to the next workshop when a full commission would be present to discuss this issue.
Mr. Ziegler suggested that the Commission allow the study to be completed to the draft form and bring it to the Commission at that time.
Commissioner Haynes stated that he would like this information prior to the meeting.
Item #9. Second and final reading of Ordinance 754, amending Sections 11 & 31 of the Charter of the City to establish new election dates:
Ordinance 754 was read by title only. This was the second and final reading.
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Schad.
Mr. Larry Wells wanted to know why the City had to have a special election.
City Manager Lynch stated that the Supervisor of Elections office wanted this issue resolved before the next election.
On Vote:
Haynes: aye
Schad: aye
Barnes: aye Motion passed: 3-0
Item #10. Discussion and possible action regarding Traffic Engineering Services for Hugh Nelson Industrial Park Access/Route Recommendations:
City Manager Lynch stated that a proposal from Kimley-Horn & Associates to do a traffic study has been provided in the packet. The cost of this study is between $9,200 - $9,800. Staff recommends approval to do the study.
Motion by Commissioner Schad: To table this item until a representative from Kimley-Horn can be present at our next workshop to discuss.
Second to the motion: Commissioner Haynes.
Ms. Barbara Day wanted to know why Mr. Jim Slonina would be involved.
City Manager Lynch stated that Mr. Slonina is the City’s engineer.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
NEW BUSINESS
Item #11. Discussion and possible action regarding approval of Development Order for the Highway 77 & W. 26th Street multi-tenant commercial complex:
City Manager Lynch reported that this site will ultimately house a restaurant, bank, hotel and fast food. The developer was asked to do a traffic study for that intersection. This study came back as a Level F for that intersection; a turn lane & a traffic signal is recommended for the intersection of Jenks & 26th Street. Mr. Lynch stated that he has been in discussion with the County regarding this issue. The developer has agreed to pay $12,000 to go toward these changes. Staff recommends approval.
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Schad.
Mr. Larry Wells suggested a right turn lane be considered at 26th Street & Hwy 77.
Ms. Shirley Rowe stated that she was concerned with traffic at 26th Street & Hwy 77.
Mr. Sean McNeil stated that the developer is working with FDOT concerning ingress & egress into this development.
Ms. Barbara Day wanted to know how much this would cost the City.
City Manager Lynch stated that an 800' turn lane would cost anywhere between $25,000-$40,000.
On Vote:
Haynes: aye
Schad: aye
Barnes: aye Motion passed: 3-0
Item #12. Discussion and possible action regarding approval of Development Order for the Wingate Inn:
This development will be located on approximately 9.3 acres and will consist of a 67 unit, four story motel.
Motion by Commissioner Haynes: To approve the Development Order as presented contingent upon the traffic issues just addressed be done.
Second to the motion: Commissioner Schad.
Commissioner Schad wanted to know what amenities this motel will have.
Mr. Ketan Patel, Developer, stated that it would have an indoor pool, sauna, spa, business center & three meeting rooms.
On Vote:
Haynes: aye
Schad: aye
Barnes: aye Motion passed: 3-0
Item #13. Discussion and possible action regarding approval of revised Certificate of Concurrency and the Development Order for Mowat Highlands Phase XI:
This development is located just south of 17th Street and East of Magnolia Meadows. It originally consisted of 28 lots on a 10.3 acre parcel. The developer requests to adjust the lot boundaries in order to accommodated two additional lots in this subdivision.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
Item #14. First reading of Ordinance 755, annexation request, Brookwood Subdivision:
City Manager Lynch read Ordinance 755 by title only. This was the first reading and no action was required.
Item #15. Resolution 2003-10-339, recognizing City Government Week, October 19-25:
City Manager Lynch read Resolution 2003-10-339 in its entirety.
Motion by Commissioner Schad: To approve as presented.>br />
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
Item #16. Discussion and possible action regarding letter of agreement with Tax Research & Recovery, Inc.:
Staff recommends approval to authorize the Mayor to execute a Letter of Agreement with Tax Research & Recovery, Inc. for services to save sales taxes on construction projects. TRR’s fee for this service is 1/3 of the savings to the City.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
Ms. Barbara Day stated that she was not in agreement of giving anybody a tax break.
Mr. Larry Wells commented on the tax agreement.
Item #17.
Discussion and possible action regarding Local Law Enforcement Grant for 2004:
Staff recommends approval of a Local Law Enforcement Grant for 2004 to purchase an equipped concession trailer for Police Department programs and authorize the Mayor to sign all required application and grant award agreements.
Motion by Commissioner Haynes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Haynes: aye
Schad: aye
Barnes: aye Motion passed: 3-0
Item #18. Discussion and possible action regarding approval of
Collection Agreement between the City and CB Services, Inc. for collection of bad debts:
Staff recommends approval to use CB Services for the collection of bad debts. The national debt collection average for CB Services is 12-13%. They charge 30% for accounts less than a year old & 40% for accounts over a year old.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
Item #19. Discussion and possible action regarding
service contract with Bay County Supervisor of Elections:
City Manager Lynch stated that this is a full service uniform municipal election agreement with the Supervisor of Elections to conduct the City’s election.
City Attorney Jackson stated that he has reviewed the contracts.
Commissioner Haynes wanted to know what was the definition of “city” in the contract.
Motion by Commissioner Haynes: To table this issue until the Attorney could address it.
Second to the motion: Commissioner Schad.
On Vote:
Haynes: aye
Schad: aye
Barnes: aye Motion passed: 3-0
Item #20. Resolution 2003-10-340, approving MPO voting membership reapportionment:
City Manager Lynch read Resolution 2003-10-340 by title only.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Haynes: aye
Barnes: aye Motion passed: 3-0
City Manager Lynch stated that the City received a letter from Cornell Brock, Chairman of the MPO, requesting that the City appoint a Public Transit Advocate.
Commissioner Wittkopf called today and stated that she would like to be considered for this appointment.
Motion by Commissioner Haynes: To appoint Commissioner Frances Wittkopf as the Public Transit Advocate to the MPO.
Second to the motion: Commissioner Schad.
On Vote:
Haynes: aye
Schad: aye
Barnes: aye Motion passed: 3-0
Item #21. Public Commentary:
Ms. Shirley Rowe commented on property behind Kentucky Fried Chicken that is zoned mixed-use.
Mr. Sammy Day commented on Mr. Larry Wells address.
Ms. Barbara Day commented on property on Vermont Avenue & 11th Street.
There was no further business to discuss and the meeting was adjourned at 8:35 p.m.
APPROVED THIS 28th DAY OF OCTOBER 2003.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
