CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
OCTOBER 25, 2005 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, October 25, 2005 at 7:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Antonius G. Barnes, 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 will be in Orlando on November 17-19, 2005 for the Florida League of Cities Legislative Conference.
Mayor Kelley reminded everyone that there will be Halloween festivities in Sheffield Park on October 31, 2005 beginning at 5:30 p.m. He encouraged everyone to attend.
Item #4. Commissioner's Report:
Barnes: Commissioner Barnes stated that he & Commissioner Hughes attended the WFRPC meeting last week.
Wittkopf: No report.
Schad: No report.
Item #5. City Manager's Report:
City Manager Lynch reported that there was a fire at the incinerator on the 640 acres in the Sand Hills. The fire has been extinguished and no harm was done.
Motion by Commissioner Schad: To excuse Commissioner Hughes from the meeting.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
City Manager Lynch reported that he will be out of town November 16-18, 2005.
Item #6. City Attorney's Report:
No report.
PUBLIC HEARING OPENED: 7:03 P.M.
Item #7. Small Scale Plan Amendment SSA-05-9, Kirkwell Avenue:
This property is approximately 2.35 acres and is located south of 24th Street and east of Kirkwell Avenue. The property is currently designated Residential in the County and the owner is requesting the land use be changed to Low Density Residential in the City.
Mr. Sean McNeil, McNeil - Carroll Engineering, stated that this is a little less than 3 acres and will consist of 10 residential lots.
Ms. Barbara Day asked if this was going to be townhomes. She also commented on water and sewer.
There was no further audience participation and the public hearing was closed at 7:06 p.m.
PUBLIC HEARING OPENED: 7:06 P.M.
Item #8. Small Scale Plan Amendment SSA-05-10, Delaware Avenue & 9th Street:
The property is approximately 7.0 acres and is located east of Delaware Avenue, south of 9th Street and north of 10th Court. The property is currently designated Residential in the County and the owner is requesting the land use be changed to Low Density Residential in the City.
Mr. Josh Baxley, Preble Rish Inc., stated that the owners are proposing to put 27 units on this parcel.
Ms. Barbara Day commented on the number of units be allowed.
Mr. Keith Buckner, 1005 Delaware Avenue, commented on zoning.
There was no further audience participation and the public hearing was closed at 7:10 p.m.
CONSENT AGENDA:
Item #9. Minutes: 10/11/2005 - Regular Meeting:
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day asked that the minutes reflect the apology to her by Commissioner Schad be reflected in the minutes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #10. Discussion and possible action canceling Nov. 22 & Dec. 27 Commission Meetings:
Motion by Commissioner Schad: To approve canceling these two meetings.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
OLD BUSINESS:
Item #11. Second and final reading of Ordinance 817, Annexation, Kirkwell Avenue:
Emerald Shores Construction & Development, Inc., the owner of this property, has requested the voluntary annexation into the City of Lynn Haven. The property is approximately 2.35 acres.
City Manager Lynch read Ordinance 817 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
Kelley: aye Motion passed: 4-0
Item #12. Second and final reading of Ordinance 818, Small Scale Plan Amendment SSA-05-9, Kirkwell Avenue:
City Manager Lynch read Ordinance 818 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
Schad: aye
Kelley: aye Motion passed: 4-0
Item #13. Second and final reading of Ordinance 819, Annexation, Jenks Avenue and Harrison Avenue:
Mr. William Mathis, one of the owners of this property, has requested voluntary annexation into the City of Lynn Haven. City Manager Lynch read Ordinance 819 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
Ms. Janet Walker stated that she does not feel it appropriate for Lynn Haven to spread out more. She also wanted to make sure that the Commission knew that three Planning Board members voted not support this annexation.
Ms. Barbara Day asked about mitigation and where it will be located.
Mayor Kelley stated that this is only an annexation request at this time.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #14. Second and final reading of Ordinance 820, Annexation, Delaware Avenue and 9th Street:
Mr. Ralph Rish & Mr. Randall McElheney have requested voluntary annexation in the City of Lynn Haven. City Manager Lynch read Ordinance 820 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
Kelley: aye Motion passed: 4-0
Item #15. Second and final reading of Ordinance 821, Small Scale Plan Amendment SSA-05-10, Delaware Avenue & 9th Street:
City Manager Lynch read Ordinance 821 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Commissioner Schad wanted to know when zoning will be addressed.
City Attorney Jackson stated that the City is in the process of unifying the Code & eliminating zoning completely. Zoning will be addressed when the development plan comes back to the City for approval.
Ms. Barbara Day commented on sewer & water availability.
On Vote:
Barnes: aye
Wittkopf: no
Schad: aye
Kelley: aye Motion passed: 3-1
NEW BUSINESS:
Item #16. Discussion and possible action regarding appointment to Police Officers' Pension Board:
Staff recommends appointment of Mr. Michael Mettille to serve on the Police Pension Board. This is the citizen appointment.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Schad: aye
Kelley: aye Motion passed: 4-0
Item #17. Discussion and possible action regarding reappointment of Rick Dye to General Employees' Pension Board:
Staff recommends reappointment of Mr. Rick Dye to the General Employee's Pension Board of Trustees for a two-year term beginning January 1, 2006.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #18. Discussion and possible action regarding reappointment of William Provost to the Beautification Board:
Staff recommends approval to reappoint Mr. William Provost to the Beautification Board.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Kelley: aye Motion passed: 4-0
Item #19. Discussion and possible action regarding Reappointment of Ulysses Hawkins to the Leisure Services Advisory Board:
Staff recommends approval to reappoint Mr. Ulysses Hawkins to the Leisure Services Advisory Board.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Schad: aye
Kelley: aye Motion passed: 4-0
Item #20. Discussion and possible action regarding purchase of two all terrain vehicles (ATV's) for the Police Department using Forfeiture Funds:
Staff recommends approval to purchase two ATV's to better patrol dense & wooded areas with funds from the Lynn Haven Police Department Forfeiture Fund. The cost will be approximately $9,000.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Schad: aye
Kelley: aye Motion passed: 4-0
Item #21. First reading of Ordinance 822, Large Scale Comp. Plan text amendments:
City Manager Lynch read Ordinance 822 by title only. This was the first reading and no action was required.
Item #22. First reading of Ordinance 823, Future Land Use Map amendment, Southport property, 22 acres:
City Manager Lynch read Ordinance 823 by title only. This was the first reading and no action was required.
Item #23. First reading of Ordinance 824, Future Land Use Map amendment, 950 acres:
City Manager Lynch read Ordinance 824 by title only. This was the first reading and no action was required.
Item #24. First reading of Ordinance 825, Future Land Use Map amendment, Bay Haven Charter School, 14.2 acres:
City Manager Lynch read Ordinance 825 by title only. This was the first reading and no action was required.
Item #25. First reading of Ordinance 826, Annexation, Lipham property located on SR 77 south of 18th Street, .24 acres:
City Manager Lynch read Ordinance 826 by title only. This was the first reading and no action was required.
Item #26. First reading of Ordinance 827, Small Scale Plan Amendment SSA-05-7, .24 acres, SR 77 and south of 18th Street, Lipham property, County Residential to City Commercial:
City Manager Lynch read Ordinance 827 by title only. This was the first reading and no action was required.
Item #27. First reading of Ordinance 828, Annexation, Hannon property, located at the southwest corner of Hwy 390 and Carla Lane, .76 acres:
City Manager Lynch read Ordinance 828 by title only. This was the first reading and no action was required.
Item #28. First reading of Ordinance 829, Small Scale Plan Amendment SSA-05-8, .76 acres, southwest corner of Hwy 390 and Carla Lane, Hannon Property, County General Commercial to City Commercial:
City Manager Lynch read Ordinance 829 by title only. This was the first reading and no action was required.
Item #29. Discussion and possible action regarding approval of WQBEL Study:
Staff recommends approval to authorize the City Manager to accept Panhandle Engineering & Tetra Tech's proposal to complete a Level II Water Quality Based Effluent Limitation (WQBEL) study for a fee of $235,500. This WQBEL study is the initial step in planning for expansion of our existing 2.5 MGD Advanced Wastewater Treatment Plant. $300,000 is budgeted in the FY 05/06 budget for this item. If additional fees are involved it will be brought back to the Commission for approval.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Commissioner Wittkopf stated that she has a problem with this issue and feels that it should be sent out for bid.
City Manager Lynch stated that these are the same people who did the study eight years ago and they also do the modeling for FDEP.
Commissioner Wittkopf stated that she believed Hartman & Associates did the last study.
City Manager Lynch stated that was correct, however, the people who will be doing the study are the same people who did the first study under Hartman & Associates; going out for bid will delay the project approximately six months.
Ms. Barbara Day commented on the proposal.
Mr. Richard Walker wanted to know how the City disposed of affluent.
Mayor Kelley stated that it is being discharged in the Bay and being used for reuse.
On Vote:
Barnes: aye
Wittkopf: no
Schad: aye
Kelley: aye Motion passed: 3-1
Item #30. Public Commentary:
Ms. Janet Walker commented on annexation, land use & zoning.
Mr. Richard Walker commented on Roberts Rules of Order.
Ms. Barbara Day commented on the WQBEL study, the 950 acre annexation, Commissioner Barnes lawsuit and legal representation & the lease for the medical building located next to City Hall.
Mr. Sammy Day commented on annexation.
There was no further business to discuss and the meeting was adjourned at 8:11 p.m.
APPROVED THIS 8th DAY OF NOVEMBER 2005.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
