CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
AUGUST 9, 2005 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, August 9, 2005 at 4:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Jimmy H. Hughes, Mayor Pro Tem/Commissioner
Antonius G. Barnes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, City Attorney
Mayor Kelley called the meeting to order and Commissioner Barnes gave the Invocation. The Pledge of Allegiance followed.
Agenda Items Added:
22A. Discussion and possible action regarding Bay County Council on Aging Proposal to administer Senior Center.
Item #3. Mayor's Report:
Motion by Commissioner Schad: To authorize the City Manager to contact FDOT for a speed limit change from 45 mph to 35 mph on Hwy 77 and change all green light left turn signals to only being able to turn left with a green arrow on Hwy 77.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Mayor Kelley stated that he attend the Florida Transportation Committee Meeting in Orlando and items discussed were the 20 year transportation plan for Florida. Mayor Kelley reported that he will be attending the Florida League of Cities Conference August 17-19, 2005.
Item #4. Commissioner's Report:
- Schad:
- No report.
-
Hughes:
- No report.
-
Wittkopf:
- Commissioner Wittkopf stated that she will be attending the FLC Conference.
-
Barnes:
- No report.
Item #5. City Manager's Report:
A. Monthly Department Reports: provided
B. Employee of the Month - July 2005: Ms. Doreen Felder, Library, was presented the Employee of the Month Award for July 2005 for her dedication and hard work to the City.
Item #6. City Attorney's Report:
No report.
PUBLIC HEARING OPENED: 4:05 P.M.
Item #7. Vacation and abandonment of a right-of-way at 623 E. Baldwin Road and 3040 Wilson Road - Baldwin Rowe Townhomes -(Ord. 809):
City Manager Lynch read Ordinance 809 by title only.
Ms. Barbara Day commented on the vacation of the right-of-way.
Ms. Anna Vera Yingling commented on the vacation of the right-of-way.
There was no further audience participation the Public Hearing was closed at 4:08 p.m.
PUBLIC HEARING OPENED: 4:08 P.M.
Item #8. Rezoning request for the 1300 Block of Alabama Avenue from Low Density Residential to Mixed Use - (Ord. 810):
The property owner has requested approval for a zone change for approximately .516 acres located in the 1300 block of Alabama Avenue. The property is currently zoned Low Density Residential and the owner is requesting the zoning be changed to Mixed Use. Staff recommends to the Commission to disapprove this zoning change.
City Attorney Jackson stated that this is a Quasi-Judicial Hearing and any ex parte communication be disclosed at this time.
Mayor Kelley stated that he spoke to a gentleman in his yard near the property in question.
Commissioner Schad stated that he has had no communication with either party.
Commissioner Hughes stated that he has had no communication with either party.
Commissioner Wittkopf stated that she has spoken with several of the neighbors, however, has had no communication with the developer.
Commissioner Barnes stated that he has had no communication with either party.
City Manager Lynch read Ordinance 810 by title only.
Al Stopka, Attorney for the Developer, was present at the meeting.
Julie Sombathy, Attorney for the Opposition, was present at the meeting.
After lengthy audience participation the Public Hearing was closed at 4:47 p.m.
PUBLIC HEARING OPENED: 4:47 P.M.
Item #9. Preliminary plat approval for The Pines - South of 39th Street and East of County Road 389:
City Attorney Jackson stated that this is a Quasi-Judicial Hearing and any ex parte communication be disclosed at this time.
Commissioner Hughes stated that he has had no communication with either party.
Commissioner Schad stated that he has had no communication with either party.
Commissioner Wittkopf stated that she has had no communication with either party.
Commissioner Barnes stated that he has had no communication with either party.
Mayor Kelley stated that he has had no communication with either party.
After audience participation the public hearing was closed at 4:55 p.m.
CONSENT AGENDA:
Item #10. Minutes:
7/26/2005 - 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
Item #11. Approval of parade route for Mosley High School's Homecoming Parade on 9/14/2005:
Staff recommends approval of Hwy 77 as the route for Mosley's annual Homecoming Parade.
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 #12. Authorize disposal of surplus garbage truck:
Staff recommends approval to dispose of surplus garbage truck with a minimum bid of $1,800.
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
OLD BUSINESS:
Item #13. Second and final reading of Ordinance 809, vacation and abandonment of right-of-way:
City Manager Lynch read Ordinance 809 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 #14. Second and final reading of Ordinance 810, rezoning of 1300 Block of Alabama Avenue:
City Manager Lynch read Ordinance 810 by title only. This was the second and final reading.
Motion by Commissioner Schad: To deny this Ordinance as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #15. First reading of Ordinance 811, Annexation, Britton Road:
City Manager Lynch read Ordinance 811 by title only. This was the first reading and no action was required.
Item #16. First reading of Ordinance 812, Small Scale Plan Amendment SSA-05-6:
City Manager Lynch read Ordinance 812 by title only. This was the first reading and no action was required.
Item #17. First reading of Ordinance 813, Tax exemption for Jensen USA (IPSO):
City Manager Lynch read Ordinance 813 by title only. This was the first reading and no action was required.
Item #18. Discussion and possible action regarding approval of Certificate of Concurrency and Development Order for Jensen USA (IPSO) expansion:
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 #19. Discussion and possible action regarding approval of Certificate of Concurrency and Development Order for Goodwill Industries:
Motion by Commissioner Barnes: To approve pending receipt of FDOT & DEP permits.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #20. Discussion and possible action regarding approval of the preliminary plat for The Pines:
Motion by Commissioner Schad: To approve the preliminary plat for The Pines contingent upon receiving permits.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #21. Resolution #2005-08-383, Impact Fees:
City Manager Lynch read Resolution 2005-08-383 by title only.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Commissioner Hughes stated that he was concerned with current residents of Lynn Haven that do not have access to sewer at this time. He suggested that those residents be grand fathered in and those that have access be given six months to connect to the sewer at the old rates.
On Vote:
Barnes: aye
Wittkopf: no
Hughes: no
Schad: aye
Kelley: aye Motion passed: 3-2
Item #22. Resolution #2005-08-384, securing FEMA funding for Hurricane Dennis:
City Manager Lynch read Resolution 2005-08-384 by title only.
Motion by Commissioner Schad: To approve Resolution 2005-08-384 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 22A. Discussion and possible action regarding Bay County Council on Aging proposal to administer Senior Center:
Motion by Commissioner Barnes: To approve the BCCA proposal as presented to take effect October 1, 2005.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #23. Public Commentary:
Mr. Sammy Day stated that he was glad the microphone was working.
Mr. Bill Hughes suggested pressure be placed on the School Board regarding open school lunches.
Ms. Anna Vera Yingling commented on impact fees & building permits.
Ms. Barbara Day commented on sewer availability and the Bailey Point condominiums.
Mr. Rolle suggested leaving the speed limit regulation to the traffic engineers. He commented on dredging of Maxwell Bayou.
Ms. Mary Kyle commented on Ordinance 811. She stated that she owns property on Britton Road.
There was no further business to discuss and the meeting was adjourned at 5:51 p.m.
APPROVED THIS 23RD DAY OF AUGUST 2005.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
