CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
NOVEMBER 9, 2004 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, November 9, 2004 at 4:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Antonius G. Barnes, Mayor Pro Tem/Commissioner
Jimmy H. Hughes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, 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 reported that he received a letter from the Bay County Outreach-TPO addressing issues being sent to the legislature for priorities in Bay County; Hwy 390 is #3 on the priority list.
Mayor Kelley also reported that he will be going to Orlando to attend the Quality Environmental Committee Meeting November 16-19, 2004.
Item #4. Commissioner's Report:
-
Barnes:
- No report.
-
Wittkopf:
- Commissioner Wittkopf stated that the boat ramp at Porter Park is open. Ms. Wittkopf stated that Hwy 390 & Hilltop Lane gets backed up. She asked that this be brought up during the legislative priority meetings.
-
Hughes:
- Commissioner Hughes stated that the Halloween Carnival was great. He hoped that Lynn Haven keeps that small town charm.
-
Schad:
- Commissioner Schad asked that everyone remember Veteran's Day.
Item #5. City Manager's Report:
A. Monthly Department Reports: provided
B. Employee of the Month - October 2004:
Michael Redmon, Lynn Haven Fire Department, was presented with the Employee of the Month award for October 2004 for his dedication and hard work to the City.
City Manager Lynch reported that City Hall will be closed November 11, 2004 in observance of Veteran's Day.
Item #6. City Attorney's Report:
City Attorney Jackson stated that vote polling is typically when a non-member of the Commission finds out how a Commissioner plans to vote and relays that information back and forth to the commission outside of the sunshine law. A workshop meeting is a public meeting inside the sunshine law.
CONSENT AGENDA:
Item #7. Minutes:
10/26/04 - Regular Meeting
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
OLD BUSINESS:
Item #8. Discussion and possible action regarding appointment to the Police Officer's Pension Board:
Motion by Commissioner Schad: To appoint Mr. Martin Ferrell to the Police Officer's Pension Board.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #9. Second and final reading of Ordinance 780, Police Officer's Retirement System:
City Manager Lynch read Ordinance 780 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #10.
Second and final 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 second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Motion failed - lack of second.
Motion denied.
Motion by Commissioner Schad: To disapprove Ordinance 781 as presented.
Second to the motion: Commissioner Wittkopf.
Mayor Kelley stated that he cannot support this issue. He believes it should be left to the use of the citizens.
Mr. Raleigh Sale requested that this item be tabled.
Ms. Anna Vera Yingling stated that she supports vacating the right-of-way.
Mr. Raleigh Sale stated that not granting this request causes a hardship on the property owner.
Ms. Barbara Day stated that she supports vacating the right-of-way.
Mr. Sammy Day stated that he supports vacating the right-of-way.
Mr. Dale Robitaille wanted to know if the neighbors were notified.
City Manager Lynch stated that it was not a requirement to notify the neighbors of this request.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #11.
Resolution 2004-11-363, Disaster Relief Funding Agreement with the State of Florida, for Tropical Storm Bonnie & Hurricane Charley:
City Manager Lynch read Resolution 2004-11-363 by title only.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Hughes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #12. Resolution 2004-11-364, Disaster Relief Funding Agreement with the State of Florida, for Hurricane Ivan:
City Manager Lynch read Resolution 2004-11-364 by title only.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Hughes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #13. Discussion and possible action regarding
request by the Chairman of the Bay County Board of County Commissioners for extension of the Animal Control Service Agreement:
Motion by Commissioner Schad: To respectfully decline the County's request for an extension.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day stated that she believes the City should give the County an extension.
Mr. Dale Robitaille stated that he would like to see the City give the County an extension.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: no
Kelley: aye Motion passed: 4-1
Item #14. First reading of Ordinance 783, Annexation, North Bay Development Company, LLC:
City Manager Lynch read Ordinance 783 by title only. This was the first reading and no action was required.
Item #15. First reading of Ordinance 784, Annexation, Samuel & Mary O'Connell, Baldwin Road west of Wilson Road:
City Manager Lynch read Ordinance 784 by title only. This was the first reading and no action was required.
Item #16. First reading of Ordinance 785, Annexation, Roger Clemmons, West of Hilltop Lane and south of Highway 390:
City Manager Lynch read Ordinance 785 by title only. This was the second and final reading and no action was required.
Item #17. First reading of Ordinance 786, Small Scale Plan Amendment 04-06, Wayne & Kristi Henderson, 1319 New York Avenue:
City Manager Lynch read Ordinance 786 by title only. This was the second and final reading and no action was required.
Item #18. First reading of Ordinance 787, Small Scale Plan Amendment 04-7, Mary Larrimore, 1314 Florida Avenue:
City Manager Lynch read Ordinance 787 by title only. This was the second and final reading and not action was required.
Item #19. Discussion and possible action regarding approval of Development Order for Renegade Sport Center, Minnesota Avenue:
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 #20. Resolution 2004-11-362, Amending the budget for FY 2003-2004:
City Manager Lynch read Resolution 2004-11-362 by title only.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Mr. Dale Robitaille commented on the amended budget.
Ms. Barbara Day commented on the amended budget.
On Vote:
Schad: aye
Wittkopf: aye
Hughes: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #21. First amendment to service agreement for exclusive collection and disposal of commercial solid waste:
City Manager Lynch reported that the City entered into a contract with Argus several years ago. Argus was bought out by Waste Management and this amendment updates the file.
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Schad.
Ms. Barbara Day wanted to know if she could have a dumpster at her home.
City Manager Lynch stated that this is not allowed per City ordinance.
On Vote:
Wittkopf: aye
Schad: aye
Hughes: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #22. Public Commentary:
Sammy Day commented on consolidation of the County & Lynn Haven. He believes it's a good thing and the City should pursue it.
Mr. Dale Robitaille commented on the amended budget. He suggested consolidation with the County is a good thing.
Ms. Anna Vera Yingling suggested that workshops before the meetings be canceled.
Mr. Larry Wells commented on Item #14.
Ms. Barbara Day commented on commission polling. Ms. Day commented on the attorney's bill. Ms. Day stated that Porter Park looks nice. She wanted to know how much money was spent on Porter Park.
There was no further business to discuss and the meeting was adjourned at 4:58 p.m.
APPROVED THIS 23rd DAY OF NOVEMBER 2004.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
