CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
NOVEMBER 23, 2004 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, November 23, 2004 at 7:00 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
Chris Shuman, Police Lieutenant
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 Legislative Conference in Orlando and it was a good conference.
Item #4. Commissioner's Report:
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Barnes:
- Commissioner Barnes wished everyone a safe and happy Thanksgiving.
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Wittkopf:
- Commissioner Wittkopf stated that she attended the Legislative Conference in Orlando.
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Hughes:
- No report.
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Schad:
- Commissioner Schad asked that everyone remember the spirit of Thanksgiving.
Item #5. City Manager's Report:
City Manager Lynch awarded Commissioner Jimmy Hughes a plaque recognizing his completion of the 2004 Institute of Elected Municipal Officials program.
Mr. Lynch stated that the AED's recently purchased by the City are being recalled.
Mr. Lynch stated that the home at 1014 Colorado Avenue is scheduled to be demolished. A demolition permit has been pulled for this building and it is scheduled for demolition the week of December 13, 2004.
Motion by Commissioner Schad: To cancel the meeting of December 28, 2004.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
City Manager Lynch reported that the City is in talks with Bay Town Trolley to remove the trolley stops off of Hwy 77. Stopping on Hwy 77 poses safety issues and the City would like the routes to be moved to 18th Street to Michigan Avenue and Florida Avenue.
Item #6. City Attorney's Report:
City Attorney Jackson reported that the defibrillator manufacturer is bankrupt and he will have a full report regarding alternative issues at the next meeting.
City Manager Lynch stated that the AED's that the Police & Fire Departments have are not the same as those being recalled.
CONSENT AGENDA:
Item #7. Minutes:
11/08/2004 - Special Meeting
11/09/2004 - 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
PUBLIC HEARING OPENED: 7:08 p.m.
Item #8. Small Scale Plan Amendment 04-6, Wayne & Kristi Henderson, 1319 New York Avenue:
The property is approximately .52 acres and is located at 1319 New York Avenue. The property is currently zoned mixed use and the owners are requesting the zoning be changed to commercial.
After audience participation the Public Hearing was closed at 7:10 p.m.
PUBLIC HEARING OPENED: 7:10 p.m.
Item #9. Small Scale Plan Amendment 04-7, Mary Larrimore, 1314 Florida Avenue:
The property is approximately .52 acres and is located at 1314 Florida Avenue. The property is currently zoned mixed use and the owners are requesting the zoning be changed to commercial.
After audience participation the Public Hearing was closed at 7:17 p.m.
OLD BUSINESS:
Item #10. Second and final reading of Ordinance 783, Annexation, North Bay Development Company, LLC:
City Manager Lynch read Ordinance 783 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 Manager Lynch introduced Mr. David Theriaque, the City's Land Use Attorney, to report to the Commission on this issue.
Mr. David Theriaque stated that he is a special land use counsel for the City. Ms. Gail Easley, Planning Consultant, is present to address the criteria for the annexation.
Mr. Theriaque asked Ms. Easley if the document presented was a true and correct copy of her resume.
Ms. Easley stated that it was and Mr. Theriaque asked that the resume be identified as Exhibit 1.
Mr. Theriaque asked Ms. Easley if this document was a true and correct copy of Ms. Easley's report dated November 22, 2004 regarding annexation.
Ms. Easley stated that was correct and Mr. Theriaque asked that the document be identified as Exhibit 2.
Ms. Gail Easley stated that the property is contiguous, the property is compact, it does not create and enclave and services will be provided.
Mr. Terrel Arline, Bay County Counsel, presented the Commission with a letter dated November 23, 2004 opposing the annexation.
Mr. Dan Shaw, Director, Development Services Department of Bay County, stated that the Bay County Commission reviewed this annexation in July 2004 and at that time they felt that it did not comply with state law. Mr. Shaw stated that the County does not believe this annexation meets the statute provision of being contiguous. Mr. Shaw stated that this annexation is in the GCEC franchise area. Bay County has been working with GCEC to develop a regional sewer system in this area and albeit the system is not there today the County is aggressively pursuing this with relation to, not only this area, but also the St. Joe DSAP and Lake Merrill projects. Mr. Shaw stated that the new Commission would like to meet with the City regarding annexations.
Mayor Kelley asked Mr. Shaw if the there had been other annexations recently in Bay County that crossed over bodies of water.
Mr. Shaw stated that Callaway had annexed over a bayou and the County did not oppose it.
City Manager Lynch asked Mr. Shaw if the letter sent in July 2004 was the same Commission as today.
Mr. Shaw stated that it was not.
City Manager Lynch asked Mr. Shaw if the County opposed Panama City in their annexation of Goose Bayou.
Mr. Shaw stated that they did not.
City Manager Lynch asked Mr. Shaw if the County opposed the Callaway annexation that crossed two bayous and was not contiguous.
Mr. Shaw stated that they did not.
After lengthy audience participation the following vote was made:
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Hughes: no
Kelley: aye Motion passed: 3-2
City Commission meeting was recessed at 8:25 p.m.
City Commission meeting was reconvened at 8:30 p.m.
Item #11. Second and final reading of Ordinance 784, Annexation, Samuel and Mary O'Connell, Baldwin Road west of Wilson Road:
City Manager Lynch read Ordinance 784 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #12. Second and final reading of Ordinance 785, Annexation, Roger Clemmons, West of Hilltop Land and south of Hwy 390:
City Manager Lynch read Ordinance 785 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 #13. Second and final reading of Ordinance 786, SSA-04-6, Wayne & Kristi Henderson, 1319 New York Avenue:
City Manager Lynch read Ordinance 786 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Hughes: aye
Kelley: aye Motion passed: 4-1
Item #14. Second and final reading of Ordinance 787, SSA-04-7, Mary Larrimore, 1314 Florida Avenue:
City Manager Lynch read Ordinance 787 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: no
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 4-1
NEW BUSINESS:
Item #15. First reading of Ordinance 788, SSA-04-4, Marvin McCain, North of Publix, from Low Density to Mixed Use:
City Manager Lynch read Ordinance 788 by title only. This was the first reading and no action was required.
Item #16. First reading of Ordinance 789, SSA-04-5, Charles Burgess, North of Publix, from Low Density to Mixed Use:
City Manager Lynch read Ordinance 789 by title only. This was the first reading and no action was required.
Item #17. First reading of
Ordinance 790, SSA-04-8, Samuel & Mary O'Connell, Baldwin Road west of Wilson Road, from Residential to Mixed Use:
City Manager Lynch read Ordinance 790 by title only. This was the first reading and no action was required.
Item #18. First reading of
Ordinance 791, SSA-04-9, Roger Clemmons, west of Hilltop Land and south of Hwy 390, from Residential to Mixed Use:
City Manager Lynch read Ordinance 791 by title only. This was the first reading and no action was required.
Item #19. Discussion and possible action regarding Hwy 77 Landscape Project Change Order #1:
Staff recommends approval of Change Order #1 in the amount of $2,375 to sod the east side of the Hwy 77 Landscape project.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Hughes: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #20. Discussion and possible action regarding copier lease:
Staff recommends approval of a 48-month lease of a Savin color copier for City Hall. The lease payment is $278.42 for 48 months.
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Wittkopf: aye
Hughes: aye
Schad: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #21. Discussion and possible action regarding approval of
consulting contract for 2005 CDBG application services with Summit Professional Services, Inc.:
Staff recommends approval of consulting contract for 2005 CDBG application services with Summit Professional Services, Inc.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #22. Discussion and possible action regarding approval of
consulting contract for 2005 CDBG administration services with Summit Professional Services, Inc.:
Staff recommends approval of consulting contract for 2005 CDBG administration services with Summit Professional Services, Inc. in an amount equal to 14.5% of a CDBG grant award.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Hughes: aye
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 5-0
Item #23. Discussion and possible action regarding approval of
consulting contract for 2005 on-going funding services contract with Summit Professional Services, Inc. (CDBG Housing Rehab. Grant):
Staff recommends approval of consulting contract for 2005 on-going funding services contract with Summit Professional Services, Inc.
Motion by Commissioner Barnes: To approve as presented.
Second to motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #24. Discussion and possible action regarding General Employees' Pension Board Appointment:
Staff recommends ratification of Linda Stanford's appointment to the General Employees' Pension Board of Trustees effective immediately with a term expiration date of December 31, 2006.
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 #25. First reading of Ordinance 792, General Employees' Pension Plan, Re-employment after Retirement:
City Manager Lynch read Ordinance 792 by title only. This was the first reading and no action was required.
Item #26. Discussion and possible action regarding sale of Lot 69, Country Club Harbour Estates:
Staff recommends approval to award sale of Lot 69, Country Club Harbour Estates, to Russell & Beth Brock in the amount of $85,001.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
City Attorney Jackson asked that the motion include allowing authorization for the Mayor to sign any documents that may come up during closing to make the sale transition go smoothly.
Withdraw Motion: Commissioner Barnes.
Withdraw Second to the Motion: Commissioner Wittkopf.
Motion by Commissioner Barnes: To approve as presented with the recommendation of the City Attorney.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #27. Discussion and possible action regarding
annual renewal of Tyndall AF Base Military Working Dog Civilian Support Release:
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #28. Discussion and possible action regarding reappointment to the Beautification Board:
Staff recommends approval to reappoint Ms. Helen Lombardi to the Beautification Board.
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Wittkopf: aye
Hughes: aye
Schad: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #29. Public Commentary:
Ms. Betty Steffers commented on the housing grant. She stated that this is a good grant for the less fortunate and it is free to those families. She further stated that she is glad that Lynn Haven has made an effort to secure grants for these families.
Mr. Sammy Day presented Commissioner Hughes with a stuffed animal for his vote on the animal shelter.
Ms. Barbara Day commented on the City Engineer and property he owned in the Lynn Haven Commerce Park.
Ms. Helen Steele reminded the Commission that they work for the people of Lynn Haven and they should watch what they say.
Mr. Larry Wells stated that he was disappointed with the North Bay annexation vote.
Ms. Tamis Rouhlac stated that she was disappointed with the North Bay annexation vote.
Mr. Dale Robitaille commented on rights, annexations, the County and limiting freedom of speech.
Ms. Sally Stanley stated that she does not enjoy the meetings when they were question and answer sessions. She further stated that the same people who did not like the animal shelter vote recently are the same people who did not want to help the County three years ago. Ms. Stanley stated that she does not believe the Commission has let the people of Lynn Haven down. She stated that they won by a landslide in the recent election and the people had spoken.
There was no further business to discuss and the meeting was adjourned at 9:38 p.m.
APPROVED THIS 14th DAY OF DECEMBER 2004.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
