CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
OCTOBER 26, 2004 - 7:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, October 26, 2004 at 7:00 p.m. in the Commission Meeting Room at City Hall.

Present:

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

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

Item #3. Mayor's Report:

Mayor Kelley reported that he attended the MPOAC meeting in Orlando last week. Items discussed were state transportation issues and MPO training. Mayor Kelley reported that he received a letter from MHS with concerns about traffic along Mosley Drive. He asked for Commission approval to discuss this concern with the MPO to see if there is a solution to the traffic problem.

Motion by Commissioner Schad: To approve the Mayor to discuss this issue with the MPO.
Second to the motion: Commissioner Barnes.

On Vote:	

Schad:		aye
Barnes:		aye
Wittkopf:		aye
Hughes:		aye
Kelley:		aye			Motion passed: 5-0

A. Proclamation - Epilepsy Month - November 2004:

City Manager Lynch read the Epilepsy proclamation in its entirety.

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

On Vote:	

Schad:		aye
Barnes:		aye
Wittkopf:		aye
Hughes:		aye
Kelley:		aye			Motion passed: 5-0

Item #4. Commissioner's Report:

Schad:
Commissioner Schad reported that as the Mayor Pro Tem he attended the Honor Society Tapping Ceremony at Mosley High School. There were 296 children 'tapped' during this ceremony.
Hughes:
No report.
Wittkopf:
Commissioner Wittkopf stated that the Lynn Haven Halloween Carnival will be October 30, 2004 from 5:00 p.m. - 8:30 p.m. in Sheffield Park. She invited everyone to come out and enjoy the festivities.
Barnes:
Commissioner Barnes urged everyone to be careful and watchful during the Halloween trick-or-treating times on Saturday.

Item #5. City Manager's Report:

City Manager Lynch reported that he will be on personal leave October 27-29, 2004.

City Manager Lynch reported that all the debris, as a result of Hurricane Ivan, has been removed from 5th Street and FEMA has been notified for final inspection. City Manager Lynch stated that staff and contract worker's worked well together to accomplish this task. He thanked them for doing a great job.

Item #6. City Attorney's Report:

City Attorney Jackson reported that he was notified by the homeowner of 702 E. 16th Street; she informed him that she has located property to move the mobile home and will be doing so.

CONSENT AGENDA:

Item #7. Minutes:

10/11/2004 - Board of Appeals Meeting

10/12/04 - Regular Meeting

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

On Vote:	

Schad:		aye
Barnes:		aye
Wittkopf:		aye
Hughes:		aye
Kelley:		aye			Motion passed: 5-0

OLD BUSINESS:

Item #8. Second and final reading of Ordinance 777, Establishing minimum architectural and aesthetic standards for single family residences:

City Manager Lynch read Ordinance 777 by title only. This was the second and final reading.

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

City Attorney Jackson gave a power point presentation to explain what this ordinance is, what it does and how it will affect the citizens of Lynn Haven. Ordinance 777 provides minimal architectural and aesthetic standards for all single family residences in the City; and a repeal of the mobile home moratorium in the City from Ordinance 776. Specific state laws prohibit discrimination against mobile homes (Florida § 320.8285(5); §553.38).

Ms. Helen Steele, 708 E. 16th Street, commented on Ordinance 777. She stated that she visited several mobile home lots today and the mobile homes can meet the criteria proposed in Ordinance 777. Ms. Steele feels like her neighborhood is being discriminated against. She suggested the City adopt the rules that Panama City and Panama City Beach have regarding mobile homes.

Ms. Tamis Roulhac, 1520 Louisiana Avenue, commented on Ordinance 777. Ms. Roulhac believes the advertising of this ordinance was done improperly. She stated that she does not appreciate how things were done.

Commissioner Barnes asked Ms. Roulhac what she was reading from regarding advertising.

City Attorney Jackson stated that there are two types of land use and zoning requirements - 1) zoning rules and 2) Florida Comprehensive Plan land use change.

Ordinance 777 is not a land use change.

Mr. Shelton Roulhac, 1520 Louisiana Avenue, stated that he checked with the City of Panama City and they have zoning areas for mobile homes. He did not understand why the City of Lynn Haven could not have the same thing.

Mayor Kelley stated that the City has mobile home areas. He further stated that the Scurlock vs. City of Lynn Haven was a landmark case, that the City of Lynn Haven lost, that allows mobile homes anywhere in the City if they meet the zoning requirements. Mayor Kelley stated that the City of Panama City is fortunate that no one has challenged them in regards to mobile home placement. The state law does not allow you to discriminate against mobile homes.

Mr. Leon Miller, 1508 Mississippi Avenue, commented on Ordinance 777. He stated that he is not happy with this ordinance.

Motion withdrew by Commissioner Schad.

Motion by Commissioner Schad: To extend Ordinance 776, the moratorium on mobile homes, as Ordinance 782, emergency ordinance, for 90 days, table Ordinance 777 and form a citizen advisory task committee, with Mr. Leon Miller as the Chairperson.
Second to the motion: Commissioner Barnes.

Mr. Miller stated that he would chair the committee and Ms. Helen Steele would be his co-chair.

Ms. Shirley Rowe commented on Ordinance 777.

Ms. Barbara Day commented on Ordinance 777. She stated that mistakes have been made.

Mr. T. J. Hagans commented on Ordinance 777. He stated that he asked for permission to place a mobile home by his home in 1985-86 and was denied.

Ms. Betty Steffers, 4523 Carla Lane, commented on Ordinance 777. She asked that the ordinance being considered for Carla Lane also include restrictions when placing mobile homes in that area.

Ms. Anna Vera Yingling stated that the City Attorney gave a good presentation on Ordinance 777. She suggested that the all ordinances be read in their entirety instead of by title only.

On Vote: Schad: aye Barnes: aye Wittkopf: aye Hughes: aye Kelley: aye Motion passed: 5-0

City Attorney Jackson read Ordinance 782 by title only. This was an emergency ordinance and passed with vote.

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

On Vote: Schad: aye Barnes: aye Wittkopf: aye Hughes: aye Kelley: aye Motion passed: 5-0

Item #9. First reading of Ordinance 780, Police Officers' Retirement System:

City Manager Lynch read Ordinance 780 by title only. This was the first reading and no action was required.

Item #10. Discussion and possible action regarding approval of submittal of the FRDAP application to develop Phase II of Cain-Griffin Park and to authorize the Mayor to execute the application and any contract documents:

The annual Florida Recreation Development Assistance Program (FRDAP) funding cycle is now open to applicants. The maximum grant amount this year is $200,000. These funds can be utilized to acquire recreational land or for development of recreation sites. Staff is currently preparing an application for submittal by November 13, 2004. A 25% match is required by the FRDAP program. $37,500 will be a cash match that would require budgeting for FY05/06. If grant is awarded work would begin approximately October 2005.

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

On Vote:	

Barnes:		aye
Wittkopf:		aye
Hughes:		aye
Schad:		aye
Kelley:		aye			Motion passed: 5-0

Item #11. Discussion and possible action authorizing the Mayor to execute a letter to the Bay County Board of Commissioners requesting $100,000 in SHIP funds as a match for a CDBG Housing Rehabilitation grant:

Previously the Commission agreed to apply for a Community Development Block Grant (CDBG) for Housing Rehabilitation (HR) during the 2005 funding cycle. CDBG grants are awarded through a competitive scoring process. The City can request State Housing Initiative Partnership (SHIP) funds from the County to be used in conjunction with a CDBG-HR grant. The SHIP funds can be used as leverage within the CDBG application, thereby increasing the strength of the City's application score. Staff recommends requesting a total of $100,000 from the Bay County SHIP program to use over a period of two years.

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

On Vote:	

Schad:		aye
Barnes:		aye
Wittkopf:		aye
Hughes:		aye
Kelley:		aye			Motion passed: 5-0

Item #12. Discussion and possible action approving submittal of a Local Law Enforcement Grant for 2005 to purchase security equipment for the Police Department and to authorize the Mayor to sign all required application and grant award agreements:

Each year the Police Department is awarded funds through the Local Law Enforcement Block Grant (LLEBG) program that is administered by FDLE. This year FDLE has allocated $4,666.00 to the Lynn Haven Police Department. The department would like to purchase security equipment, such as cameras and recorders, to be installed at the Police Department. The City's match is $519 which is budgeted in FY04/05.

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

On Vote:	

Barnes:		aye
Wittkopf:		aye
Hughes:		aye	
Schad:		aye
Kelley:		aye			Motion passed: 5-0

Item #13. First reading of Ordinance 781, vacating and abandoning right-of-way in exchange for a utility easement:

City Manager Lynch read Ordinance 781 by title only. This was the first reading and no action was required.

Item #14. Public Commentary:

Mr. Leon Miller stated that the meeting tonight was very good and he feels a lot has been accomplished. He hoped future meetings would be as good.

Mr. T. J. Hagans stated that the sound system needed to be checked.

Ms. Barbara Day commented on the animal shelter and Ordinance 777. Ms. Day wanted to know if Marina Bay was paying taxes.

City Manager Lynch stated that Marina Bay was in the City and did pay taxes.

There was no further business to discuss and the meeting was adjourned at 8:25 p.m.

APPROVED THIS 9th DAY OF NOVEMBER 2004.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager-Clerk

Prepared by Laurie Baker

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