CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
SEPTEMBER 27, 2005 - 7:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, September 27, 2005 at 7:00 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
Charlene V. Messer, Deputy City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Captain

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

Item #3. PUBLIC HEARING OPENED: 7:01 P.M.

A. Proposed 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% increase 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. Deputy City Manager Messer read Resolution 2005-09-389, Adopting the Millage Rate, by title only.

After lengthy audience participation the following vote was made:

Motion by Commissioner Barnes: To approve Resolution 2005-09-389 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 & Approving Enterprise Fund Budgets, by title only. This was the second and final reading.

After lengthy audience participation the following vote was made:

Motion by Commissioner Schad: To approve Ordinance 815 as presented.

Second to the motion: Commissioner Barnes.

On Vote:

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

There was no further audience participation and the Public Hearing was closed at 7:57 p.m.

Item #4. PUBLIC HEARING OPENED: 7:57 P.M.

A. Proposed Community Redevelopment Agency Budget for FY2005/2006: Deputy City Manager Messer read Ordinance 816, CRA Budget for FY2005/2006, by title only. This was the second and final reading.

After lengthy audience participation the following vote was made:

Motion by Commissioner Schad: To approve Ordinance 816 as presented.

Second to the motion: Commissioner Barnes.

On Vote:

Schad:		aye
Barnes:		aye
Hughes:		aye
Wittkopf:		no
Kelley:		aye		Motion passed: 4-1

There was no further audience participation and the Public Hearing was closed at 8:40 p.m.

Item #5. Mayor's Report:

Mayor Kelley reported that he will be going to Orlando tomorrow for a FDOT transportation meeting. Mr. Hughes will be attending the TPO meeting in the Mayor's absence.

Item #6. Commissioner's Report:

Barnes: Commissioner Barnes reported that he has received several positive comments from the community regarding the traffic signal at Jenks & 26th Street.

Wittkopf: Commissioner Wittkopf stated that she will be attending the TPO meeting tomorrow afternoon. Ms. Wittkopf also reported that she attended a growth management workshop in Niceville a couple of weeks ago. She stated that it was very informative.

Hughes: No report

Schad: No report.

Item #7. City Manager's Report:

Deputy City Manager Messer reported that FAMU/FSU donated laptop equipment to the City for use in the Police Department. Mayor Kelley asked that a thank you letter be prepared for his signature thanking them for the donation.

Deputy City Manager Messer asked Commission approval to purchase a software insurance policy for the City through MUNIS. MUNIS is the computer provider for the City. This policy will back up the City's information each night and store it at a location in Maine. Staff believes that this is a necessary precaution due to the devastation that the state has seen from recent storms. The cost for this policy is $5,000 and funds are available in the FY2004/2005 budget.

Motion by Commissioner Barnes: To approve the purchase as presented.

Second to the motion: Commissioner Wittkopf.

On Vote:

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

Deputy City Manager Messer directed the City Attorney to address the definition of single family housing. There has been numerous complaints from the public with regards to how many people/families live in one home.

Motion by Commissioner Schad: To authorize the attorney to look into this issue.

Second to the motion: Commissioner Wittkopf.

On Vote:

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

Item #8. City Attorney's Report:

No report.

CONSENT AGENDA:

Item #9. Minutes:

9/13/2005 - Regular Meeting

Motion by Commissioner Schad: To approve as presented.

Second to the motion: Commissioner Barnes.

Ms. Barbara Day commented on the minutes.

On Vote:

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

Item #10. Discussion and possible action regarding request by Visual Arts Center of Northwest Florida:

The Visual Arts Center has requested a $6,000 donation from the City. Staff states that the City has not budgeted this item and does not support giving the donation.

Motion by Commissioner Schad: To respectfully decline the request.

Second to the motion: Commissioner Barnes.

On Vote:

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

Item #11. Public Commentary:

Ms. Janet Walker stated that she was concerned that the agenda did not appear in the News Herald and called the paper to discuss. Deputy City Manager Messer stated that she emailed it to the News Herald and will contact the paper to discuss.

Ms. Walker commented on access to public records.

City Attorney Jackson stated that Florida Statutes state "reasonable amount of time". There is no definition of "reasonable amount of time", however, there is case law for 72 hours.

Mr. Sammy Day suggested the City have an audit done by the state.

Ms. Anna Vera Yingling suggested the curbing be removed from in front of the old Methodist Church.

Ms. Barbara Day thanked Commissioner Wittkopf for not voting on the CRA Budget. She commented on the City Manager's contract & salary.

There was no further business to discuss and the meeting was adjourned at 9:04 p.m.

APPROVED THIS 25th DAY OF OCTOBER 2005.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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