CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
DECEMBER 9, 2003 - 5:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, December 9, 2003 at 5:00 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
Harold Haynes, 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 Commissioner Barnes gave the Invocation. The Pledge of Allegiance followed.
Agenda Changes:
#10. First reading of Ordinance 758: Removed.
#13A. Discussion and possible action regarding request for controlled access road in the Hammocks.
#13B. Discussion and possible action regarding renewal of Mutual Aid Agreement between City of Lynn Haven (Police Department) and Panama City Airport Police Department.
Item #3. Mayor's Report:
A. Plaque presentation - Mrs. Dabbs: Mayor Kelley presented a plaque to Mrs. Otill Dabbs for her contribution and dedication to the Lynn Haven Animal Shelter.
B. Certificate of Merit - Mr. Kornman: Mayor Kelley presented a Certificate of Merit to Mr. William Kornman for his efforts on behalf of trees and environmental stewardship.
C. Employee of the Month - November 2003: Mayor Kelley presented Laurie Baker, Administrative Assistant, the Employee of the Month Award for November 2003.
Mayor Kelley wished everyone a Merry Christmas.
Motion by Commissioner Schad: To cancel 12/23/2003 Commission Meeting.
Second to the motion: Commissioner Haynes.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #4. Commissioner's Report:
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Wittkopf:
- Commissioner Wittkopf wished everyone a Merry Christmas and a Happy New Year.
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Schad:
- Commissioner Schad wished everyone a joyous holiday. Mr. Schad apologized for missing the employee Christmas party and wished the employees a happy holiday.
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Barnes:
- Commissioner Barnes stated that he will be speaking with the Boy Scouts about city government later tonight. He also wished everyone a happy and safe holiday.
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Haynes:
- Commissioner Haynes wished everyone a happy holiday. Mr. Haynes reported that he had been appointed to Community Assistance Advisory Council in Tallahassee; he attended the first meeting last week. Commissioner Haynes also reported that he was sick and could not attend the City Christmas party.
Item #5: City Manager's Report:
A. Monthly Department Reports: provided.
City Manager Lynch stated that he was proud of the Fire Department and the other City Departments for receiving a 4 in their ISO ratings.
City Manager Lynch reported that 845 residents will be getting letters in the next few days making them aware of deficiencies in the County’s water system. The City was notified by FDEP that the County’s level did not meet standard calculations. Mr. Lynch stated the County is aware and is working to fix the problem.
City Manager Lynch stated that he retained the services of Suzanne Brownless, Esquire, a utilities attorney from Tallahassee, for advice to help chart the City with their utility service area. Mr. Lynch stated that the County has provided a letter objecting to the City’s utility service area.
Motion by Commissioner Barnes: To hire Ms. Brownless to protect the City’s interests regarding our utility service area.
Second to the motion: Commissioner Haynes.
Ms. Barbara Day commented on the hiring of Ms. Brownless. She wanted to know if money was available for this.
City Manager Lynch stated that there was $5,000 in the budget.
Ms. Anna Vera Yingling wanted to know if she was a local attorney.
City Manager Lynch stated that she was from Tallahassee.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: no
Haynes: aye
Kelley: aye Motion passed: 4-1
City Manager Lynch stated that the City was notified by FDOT that a traffic signal has been approved for 17th Street & Hwy 77. The cost to the City will be approximately $10,000 for a left hand turn lane on 17th Street.
Mayor Kelley stated that on the East side from 18th Street to Mowat School road a sidewalk has been approved.
Item #6. City Attorney's Report:
No report.
CONSENT AGENDA:
Item #7. Minutes:
11/18/2003 - 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 #8.
Second and final reading of Ordinance 756, Establishing a Utility Service District:
City Manager Lynch read Ordinance 756 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve Ordinance 756 as presented.
Second to the motion: Commissioner Barnes.
Attorney Suzanne Brownless thanked the Commission for the opportunity to represent the City on this issue. Ordinance 756 is an ordinance that establishes a 180 utility district; this is pursuant to 180.023; not pursuant, as the County has indicated, to 180.031. Ordinance 756 allows the City to establish a utility district which allows the City to provide utility services within a five mile radius of their current city limits. The City is not, at this time, authorizing any specific expenditures outside of our municipal city limit area. This is an appropriate action and consistent with our Comprehensive Plan.
Commissioner Schad stated that this is a logical sequence of events that allows the City to plan for the future.
Commissioner Wittkopf stated that the County believes this is in opposition to their Comprehensive Plan. Ms. Wittkopf further stated that this will infringe on Southport and other communities across the bay. She stated that Gulf Coast Electric Cooperative has also submitted a letter of opposition to the City.
City Manager Lynch stated that the City wants to be able to provide utilities at a cost effective rate to the citizens of Lynn Haven.
Attorney William Henry, Burke, Blue & Hutchison, presented a letter of objection by Bay County to the Commission.
Assistant Bay County Manager Tom Crandall stated that he was here to officially object to Ordinance 756. The County would like to request a hearing be held to discuss this issue.
After lengthy audience participation the following motion was made:
On Vote:
Schad: aye
Wittkopf: no
Haynes: aye
Barnes: aye
Kelley: aye Motion passed: 4-1
Motion by Commissioner Barnes: To send Attorney Brownless to the County Meeting on December 11, 2003 at 5:00 p.m. to represent the City on Ordinance 756.
Second to the motion: Commissioner Schad.
Commissioner Haynes stated that it is a good vision for the City to cross the Bailey bridge.
Ms. Barbara Day commented on the attorney attending the County meeting.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: no
Haynes: aye
Kelley: aye Motion passed: 4-1
Item #9.
Second and final reading of Ordinance 757, Annexation, 9th Street east of Delaware Avenue:
City Manager Lynch read Ordinance 757 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approval Ordinance 757 as presented.
Second to the motion: Commissioner Haynes.
Ms. Anna Vera Yingling commented on the developer’s request for variances.
On Vote:
Schad: aye
Wittkopf: aye
Haynes: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #10. First reading of Ordinance 758, Annexation, Greentree Subdivision II:
Removed.
Item #11. Discussion and possible action regarding approval of
Certificate of Concurrency/Development Order for Hiland Heights Phase II:
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Haynes.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 5-0
Item #12. Discussion and possible action regarding approval of
Certificate of Concurrency /Development Order for Brookwood Subdivision:
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Haynes.
Ms. Anna Vera Yingling wanted to know the lot size.
Mr. Emory Pitts stated that most were 48x120.
Ms. Barbara Day stated that commissioner’s get greedy right before election time.
Mr. Larry Wells stated that he was concerned with the lot size.
Mr. Emory Pitts stated that low-dense residential requires less than 5 units per acre.
On Vote:
Schad: aye
Wittkopf: no
Haynes: aye
Barnes: aye
Kelley: aye Motion passed: 4-1
Item #13. Discussion and possible action regarding approval of
Certificate of Concurrency/Development Order for development on East 9th Street:
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 #13A. Discussion and possible action regarding for
controlled access road in The Hammocks:
Mr. Bobby Baker, St. Joe/Arvida, asked that a controlled access be approved for the south end of the Hammocks. This will control the flow of traffic through a residential neighborhood; a key will be provided to the City and emergency departments.
Motion by Commissioner Haynes: To approve the request for controlled access as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Haynes: aye
Barnes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #13B. Discussion and possible action regarding
renewal of Mutual Aid Agreement between the City of Lynn Haven (Police Department) and Panama City Airport Police Department:
Motion by Commissioner Barnes: To approve the renewal as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: aye
Haynes: aye
Kelley: aye Motion passed: 5-0
Item #14. Public Commentary:
Mr. Dale Robitaille commented on junk cars, commercial vehicles parking in residential neighborhoods and the boat ramp at Porter Park. Mr. Robitaille suggested that property in the 1200 block of 12th Street be used for a park/green space.
Ms. Anna Vera Yingling commented on low dense and commercial zoning.
Ms. Barbara Day commented on the City Manager’s evaluation.
There was no further business to discuss and the meeting was adjourned at 6:44 p.m.
APPROVED THIS 13th DAY OF January 2004.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
