CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
SEPTEMBER 13, 2005 - 5:01 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, September 13, 2005 at 5:01 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
Charlene V. Messer, Deputy City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Captain

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

Item #3. Public Hearing Opened: 5:03 p.m.

A. Tentative Millage Rate for 2005 Tax Roll:

Deputy City Manager Messer stated that the City of Lynn Haven is the taxing authority and as the taxing authority the rollback rate is 3.4790 mils; the purpose of the tax is to fund the Budget. This is 14.98% over the rollback rate which is due to more taxed property on the tax rolls as well as increase in property values by Bay County. The City's ad valorem tax rate is 4 mils; the projected amount of ad valorem taxes the City will receive in FY2005/2006 is $2,852,700; the property tax is based on the value of real & personal property.

Ms. Messer read Resolution 2005-09-386, tentative millage rate, by title only.

After lengthy audience participation the following vote was made:

Motion by Commissioner Barnes: To adopt Resolution 2005-09-386 as presented.
Second to the motion: Commissioner Schad.

On Vote:

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

B. Proposed General Fund Budget for FY2005/2006:

Deputy City Manager Messer read Ordinance 815, General Fund Budget FY2005/2006, by title only. This was the first reading and no action was required.

There was lengthy participation by the audience.

C. Proposed Enterprise Fund Budget for FY2005/2006:

Motion by Commissioner Schad: To approve the tentative Enterprise Fund Budget for FY2005/2006 as presented.
Second to the motion: Commissioner Barnes.

After audience participation the following vote was made:

On Vote:

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

The Public Hearing was closed at 6:16 p.m.

Item #4. Public Hearing Opened: 6:16 p.m.

A. Proposed Community Redevelopment Agency Budget for FY2005/2006: Deputy City Manager Messer read Ordinance 816 by title only. This was the first reading and no action was required.

After lengthy audience participation the Public Hearing was closed at 6:29 p.m.

Item #5. Mayor's Report:

Mayor Kelley reported that several items were listed on the Bay County TPO Project Priorities list; some of the items being proposed are sidewalks from Hwy 77 to Hilltop Lane on Hwy 390; traffic signal at Hwy 77 & 17th Street; sidewalks on the west side from Mowat School Road to Baldwin Road on Hwy 77; traffic signal at Hwy 390 & Mowat School Road. A complete list is available at City Hall.

A. Proclamation - Library Card Sign-Up Month:

Deputy City Manager Messer read this proclamation in its entirety. This proclamation was presented to Ms. Sue Wiles, Library Director, Lynn Haven Library.

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

On Vote:

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

Item #6. Commissioner's Report:

Barnes:
No report.
Wittkopf:
Commissioner Wittkopf reported that she attend the Advisory Board Meeting for the Bay Town Trolley; time extension & benches being placed at various routes were some of the things being addressed. Ms. Wittkopf also reported that she plans to attend a Growth Management Workshop on Friday, September 16, 2005.
Hughes:
Commissioner Hughes congratulated the City and staff for a very nice 9/11 ceremony on Sunday, September 11, 2005. A plaque was placed in Sheffield Park honoring Mr. Leonard Davis, the Flag Man, as part of the 9/11 ceremony.
Schad:
Commissioner Schad reported that he attended the TFCU grand opening on Minnesota Avenue in the Mayor's absence. This is a 63,000 sq ft building and an asset to the City.

Item #7. City Manager's Report:

A. Monthly Dept. Reports: provided in packet

B. Employee of the Month - August 2005: Mr. Paul Brock, Public Works Department, was presented the Employee of the Month - August 2005 award for his hard work and dedication to the City.

Item #8. City Attorney's Report:

City Attorney Jackson reported that a pending lawsuit against the City, case 05-1276CA - Chris & Tanya Shuman vs. City of Lynn Haven, is being offered a settlement by the insurance company in the amount of $200,000. The terms of the settlement is 1) mutual release of liabilities for all the parties, 2) no admission of liability by the City, 3) a cash payment to the plaintiffs of the statutory limits - $200,000. Attorney Jackson asked that this be subject to the plaintiffs signing the releases that would accompany the settlement providing those releases have been approved by the City's insurance counsel. This will be paid by the insurance company with no out of pocket expenses to the City.

Motion by Commissioner Schad: To accept the settlement request as presented by the attorney.
Second to the motion: Commissioner Barnes.

Ms. Barbara Day commented on this accident.

On Vote:

Schad:		aye
Hughes:		aye
Barnes:		aye
Wittkopf:		aye
Kelley:		aye

CONSENT AGENDA:

Item #9. Minutes:

8/23/05 - Board of Appeals
8/23/05 - Regular Meeting
9/01/05 - Special Meeting

Motion by Commissioner Schad: To approve the minutes as presented. Second to the motion: Commissioner Barnes. On Vote: Schad: aye Hughes: aye Barnes: aye Wittkopf: aye Kelley: aye Motion passed: 5-0

NEW BUSINESS:

Item #10. Discussion and possible action regarding approval of lawn maintenance services to Grass Cutters Lawn & Landscaping of PC, Inc.:

Staff recommends approval to award lawn maintenance services to Grass Cutters Lawn & Landscaping of PC, Inc. as low bidder in the amount of $34,800 annually.

Motion by Commissioner Schad: To award the contract as presented to Grass Cutters Lawn & Landscaping of PC, Inc. in the amount of $34,800.
Second to the motion: Commissioner Barnes.

On Vote:

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

Item #11. Discussion and possible action regarding acceptance of the maintenance and power bill for the traffic signal at SR 77 at 17th Street:

FDOT has approved a traffic control signal at 17th Street & SR 77. FDOT is requesting the City accept the maintenance and pay the power bill for this signal. This cost is estimated to be $75 per month.

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

On Vote:

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

Item #12. Discussion and possible action regarding approval of Interlocal Fire Protection Service Contract:

This is an interlocal contract between the City & Bay County to provide fire prevention and fire suppression for the benefit of the County. The County shall pay the sum of $175,000 per year for fire protection services to the City.

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

City Attorney Jackson stated that he has reviewed this contract and approved its contents.

On Vote:

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

Item #13. Discussion and possible action regarding appointment to General Employees' Pension Board of Trustees:

This item was tabled so that the City could advertise the vacancy.

Motion by Commissioner Barnes: To table this item as requested.
Second to the motion: Commissioner Schad.

On Vote:

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

Item #14. First reading of Ordinance 814, Voluntary De-Annexation, Goodlake Drive and 1400 E. 26th Street:

This item was tabled at the request of the City Attorney.

Motion by Commissioner Schad: To table this item.
Second to the motion: Commissioner Wittkopf.

On Vote:

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

Item #15. Resolution 2005-09-387, amending the rate structure for residential and commercial solid waste collection:

Deputy City Manager Messer read this resolution by title only. This will be a 3.5% increase.

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 #16. Resolution 2005-09-388, adopting the Bay County Local Mitigation Plan:

Deputy City Manager Messer read this resolution by title only. This plan has been approved by FEMA and is designated to provide a protocol for applying for funds/assistance in the event of a disaster.

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

On Vote:

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

Item #17. Public Commentary:

Mr. Dale Robitaille asked that a definition for single family housing be addressed. He further stated that he is concerned with how many vehicles are allowed to be parked on the right of ways. Mr. Robitaille commented on a DCA letter regarding the 950 acres, 22 acres and Bay Haven Charter Academy.

Ms. Anna Vera Yingling suggested the City not annex the 950 acres. She suggested the City back-off from the 22 acre annexation.

Ms. Barbara Day commented on the DCA letter. Ms. Day stated that she did not think the City Manager deserved a rate increase under no condition. She stated that she was sick of the Commission making mistakes.

There was no further business to discuss and the meeting was adjourned at 7:16 p.m.

APPROVED THIS 13th DAY OF SEPTEMBER 2005.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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