CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
SEPTEMBER 14, 2004 - 5:01 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, September 14, 2004 at 5:01 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Antonius G. Barnes, Commissioner
Jimmy H. Hughes, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Captain
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance followed.
Item #3. PUBLIC HEARING OPENED: 5:01 p.m.
A. Tentative Millage Rate for 2004 Tax Roll: The tentative ad valorem tax millage rate for municipal purposes to be levied on the taxable property within the City limits of Lynn Haven is hereby set at the rate of 4.0 mils. The percentage by which this millage rate to be levied exceeds the roll-back rate of 3.8194 is 4.73%.
City Manager Lynch read Resolution 2004-09-359, Tentative Millage Rate, by title only.
There was no audience participation.
Motion by Commissioner Barnes: To approve Resolution 2004-09-359 as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
B. Proposed General Fund budget for FY 2004/2005: City Manager Lynch reported that at he General Fund budget for FY 2004/2005 is $8,792,668. Mr. Lynch read Ordinance 775 by title only. This was the first reading and no action was required.
Mr. Sammy Day commented on the budget.
C. Proposed Enterprise Fund Budget for FY 2004/2005:
Water Dept. Budget: $3,620,124
Sewer Dept. Budget: $3,386,969
Storm Water Utility: $675,785
Sanitation Budget: $1,591,136
Total Enterprise Funds: $9,274,014
There was no audience participation.
Motion by Commissioner Barnes: To approve the Enterprise Fund Budget as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
PUBLIC HEARING CLOSED: 5:11 p.m.
Motion by Commissioner Barnes: To excuse Commissioner Roger Schad from the meeting.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #4. Mayor's Report:
Mayor Kelley stated that he will be attending the FLC Legislative Conference in Tampa on September 17, 2004. Three items being discussed that will affect the City will be water, intermodal transportation and Hwy 390 to Hwy 231 being discussed for four lanes.
Item #5. Commissioner's Report:
- Wittkopf:
- Commissioner Wittkopf thanked the Commission for appointing her to the Bay County Transportation Organization. She stated that she was recently appointed to the FLC transportation policy committee. Ms. Wittkopf urged everyone to remain observant and safe during the projected stormy weather over the next several days.
-
Barnes:
- Commissioner Barnes reported that he attended the grand opening for the Lynn Haven Methodist Church and it is a very beautiful facility.
-
Hughes:
- No report.
Item #6. City Manager's Report:
A. Monthly Department Reports: provided.
B. Employee of the Month - Aug. 2004 - postponed until next meeting.
City Manager Lynch reported that the individual buying the property on Tennessee Avenue has backed out of the deal. Staff requests that the lot be placed back on the market.
Motion by Commissioner Barnes: To accept the recommendation of staff as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
City Manager Lynch reported that staff has been working diligently getting ready for Hurricane Ivan.
Item #7. City Attorney's Report:
No report.
CONSENT AGENDA:
Item #8. Minutes:
8/24/2004 - Regular Meeting
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
OLD BUSINESS:
Item #9. Second and final reading of Ordinance 772, Annexation, Millirons - 39th Street:
City Manager Lynch read Ordinance 772 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #10. Discussion and possible action regarding appointment to Police Officer's Pension Plan:
Motion by Commissioner Barnes: To table this item.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #11. Discussion and possible action regarding appointment to General Employee's Pension Plan:
Motion by Commissioner Wittkopf: To appoint Mr. Rick Dye to the General Employee's Pension Plan.
Second to the motion: Commissioner Barnes.
On Vote:
Wittkopf: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #12. Discussion and possible action regarding final disposition of manufactured home at 702 E. 16th Street:
City Attorney Jackson stated that he received a call from Florida Manufactured Home Association General Counsel questioning the validity of the City's authority to move the home located at 702 E. 16th Street. Mr. Jackson investigated the City's Code and the Scurlock vs. City of Lynn Haven case, along with the 1997 recodification of the City's Code. As the Code stands right now it is indefinite whether the City has sufficient regulations to regulate mobile home placement within the City. Staff recommends passing an emergency ordinance placing a moratorium on mobile home permitting within the City until further investigation and re-establish and clarify mobile home regulations. City Attorney Jackson stated that two applicants, at least, that have applied for permitting under the old rules, and in the interest of fairness, the City allow permitting until this is resolved.
Mayor Kelley wanted to know if this included Carla Lane.
City Manager Lynch stated that was a separate issue.
City Attorney Jackson read Ordinance 776 by title only.
Motion by Commissioner Barnes: To approve Ordinance 776 as presented.
Second to the motion: Commissioner Wittkopf.
City Attorney Jackson stated that an emergency ordinance requires 2/3 of the vote and does not require a second reading.
Commissioner Barnes stated that he supports Ordinance 776, however, he does not support the location of the mobile home at 702 E. 16th Street.
Mayor Kelley stated that he feels the same as Commissioner Barnes.
Commissioner Wittkopf stated that she is not comfortable with the location of the mobile home.
City Manager Lynch stated that the City had an ordinance on the location of mobile homes, however it was never codified.
There was lengthy audience participation regarding the mobile home at 702 E. 16th Street.
Amended Motion: To adopt Ordinance 776 as presented with the omittance of Section #3.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
NEW BUSINESS:
Item #13. First reading of Ordinance 774, SSA-04-03, Millirons - 39th Street:
City Manager Lynch read Ordinance 774 by title only. This was the first reading and no action was required.
Item #14. Discussion and possible action regarding final plat approval for Shadow Ridge subdivision:
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #15. Discussion and possible action regarding approval of
Certificate of Concurrency and Development Order for an office/warehouse located in the Lynn Haven Commerce Park:
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #16. Discussion and possible action regarding revisions to the Urban Forestry Plan:
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #17. Resolution 2004-09-358, amending the rate structure for residential and commercial solid waste collection:
City Manager Lynch read Resolution 2004-09-358 by title only.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #18. Discussion and possible action regarding
renewal of lawn maintenance contract for the city properties - Grass Cutter's Lawn Service:
Staff recommends approval of renewal in the amount of $28,620.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #19. Discussion and possible action regarding
renewal of maintenance contract for city cemeteries - Grass Cutter's Lawn Service:
Staff recommends approval of renewal in the amount of $17,310.
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Wittkopf: aye
Hughes: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #20. Public Commentary:
Mr. Leon Miller wanted to know when the lights were proposed for Cain Griffin Park.
City Manager Lynch stated that the budget starts October 1, 2004 - based on tax dollars - should see something April 2005.
Mr. Sammy Day commented on the budget. He wanted to know if the Commission was getting a raise.
Mayor Kelley stated that no increase was proposed in the budget.
Mr. Shelton Rhoulac commented on low density and trailers in the City.
Ms. Helen Steele wanted to know about playground equipment for Cain Griffin Park.
City Manager Lynch stated that park improvements are funded through FRDAP grants and the City has not received any monies in two years.
Ms. Cynthia Cain stated that she would like to see a sign placed at the park with the name on it.
City Manager Lynch stated that he would check on it and take care of it.
Ms. Carolyn Daniels commented on trash pickup.
Ms. Tamis Rhoulac wanted to know if a grant was being currently being done to complete Cain Griffin Park.
City Manager Lynch stated that there was and the overall plan has been approved. He suggested that Ms. Rhoulac come into City Hall and view the plans.
Ms. Rhoulac asked for more patrol at Cain Griffin Park.
There was no further business to discuss and the meeting was adjourned at 6:16 p.m.
APPROVED THIS 28th DAY OF SEPTEMBER 2004.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
