CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
DECEMBER 13, 2005 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, December 13, 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, Assistant Police Chief
Mayor Kelley called the meeting to order and gave the Invocation. Boy Scout Troop 310 led the Pledge of Allegiance.
Item #3. Mayor's Report:
Mayor Kelley recognized Boy Scout Troop 310 who was in the audience to earn a Merit Badge.
A. Memorandum of Understanding - Gulf Coast Workforce Board's BRAC Employment Transition Committee:
Mayor Kelley reported that he and Commissioner's Schad & Wittkopf serve on this committee and asked that the Commission approve the MOU to allow them to represent the City of Lynn Haven.
Motion by Commissioner Barnes: To approve this MOU as presented.
Second to the motion: Commissioner Hughes.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Mayor Kelley reported on the Trolley Route. He stated that he has talked with the TPO and no studies are being done regarding the route. Mayor Kelley reported that petitions had been given to WFRPC, however, there was no name on who turned in the petitions. Mayor Kelley stated that he will be attending the TPO meeting to answer any questions regarding this issue.
Item #4. Commissioner's Report:
Barnes: Commissioner Barnes wished everyone a Merry Christmas & Happy New Year.
Wittkopf: Commissioner Wittkopf wished everyone a Merry Christmas.
Hughes: Commissioner Hughes wished everyone a Merry Christmas.
Schad: Commissioner Schad wished everyone a Merry Christmas.
Mayor Kelley wished everyone a Merry Christmas & a Happy New Year.
Item #5. City Manager's Report:
A. Monthly Dept. Reports: provided in packet
B. Employee of the Month - Nov. 2005: Mr. Chase Curti, Firefighter, was presented the Employee of the Month - November 2005 - award for his hard work and dedication to the City of Lynn Haven.
City Manager Lynch reported that Police Chief David Messer was in the DROP program and retired last week. Mr. Lynch asked that the Commission allow him to reinstate Mr. Messer as the Police Chief.
Motion by Commissioner Barnes: 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 #6. City Attorney's Report:
A. Opinion on Nativity Scenes - City Attorney Jackson provided the Commission with an opinion on the placing of nativity scenes on City property. The City can place or allow a nativity scene to be placed on City property with certain restrictions. The City, as the speaker, should ensure that the overall purpose of the display is secular and that one religion is not favored over another.
Motion by Commissioner Schad: To allow the City to display nativity scenes in City Parks and the City will be the speaker.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Motion by Commissioner Barnes: To authorize the City Manager and the City Attorney to draft guidelines to address this issue in the future.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
CONSENT AGENDA:
Item #7. Minutes:
11/8/05 - Regular Meeting
11/29/05 - Board of Appeals
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day asked about the Board of Appeals meeting and what was approved.
Mayor Kelley reported that it was approved that the owner be allowed to build on a 100' x 150' lot.
Ms. Anna Vera Yingling commented on the Board of Appeals and zoning.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #8. Reinstatement of 12/27/05 City Commission Meeting:
Motion by Commissioner Barnes: To reinstate the meeting 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 #9. Discussion and possible action regarding Comprehensive Plan Amendment 2005-L1(E):
This amendment would change a 22 acre tract of land located east of Grassy Point Road, north of North Bay from a Bay County Future Land Use Map designation Agriculture/Residential to a City of Lynn Haven designation of Medium Density Housing. This amendment had a first reading on October 25, 2005 as Ord. 823. The annexation of this property is currently on appeal in the District Court of Appeal. Staff recommends this amendment be withdrawn from the Comp Plan adoption package until such time as the Court appeal is decided.
Motion by Commissioner Schad: To accept the recommendation of staff as presented.
Second to the motion: Commissioner Wittkopf.
Ms. Barbara Day commented on the 22 acre annexation. She suggested the City drop this issue.
On Vote:
Wittkopf: aye
Hughes: aye
Schad: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
Item #10. Discussion and possible action regarding Board of Adjustment vacancy:
Mr. Leon Miller has served on the BOA since 1999. In accordance with City Policy, BOA members may not serve in excess of 6 years. Staff recommends approval to appoint Mr. Kenneth DeWitt to the BOA to replace Mr. Miller.
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 #11. Discussion and possible action approving the purchase of an intelligent interconnect system:
A Justice Assistance Grant (JAG) was awarded to the Police Department this year to purchase an intelligent interconnect system that will allow our phone radio system to be interconnected with other police departments and Nextel phones during emergencies. Staff recommends approval to purchase this system from Communications International, Inc. in the amount of $10,800.
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. Discussion and possible action regarding award of bid for baseball/softball/basketball uniforms:
Staff recommends approval to award a three year contract to Off the Wall for the purchase of baseball/softball/ basketball uniforms in the amount of $22,967.35 annually.
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
Item #13. Discussion and possible action approval of submittal of Community Budget Issue requests:
Staff recommends approval to submit Community Budget Issue Request to the State. This year staff is requesting support of the following projects:
Stormwater Treatment Facilities (to be NPDES compliant)
Fire Engine (ladder/pumper)
Skate Board Park
State Highway 77 Reuse Water/Beautification (to continue landscaping of Hwy 77)
17th Street Stormwater
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
City Manager Lynch reported that he has had meetings with FDEP about the 17th Street ditch and they have agreed to help facilitate with funding.
Ms. Barbara Day commented on the Community Budget Issue requests.
Ms. Anna Vera Yingling commented on stormwater.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #14. Resolution 2005-12-393, authorizing the Mayor to enter into a Roadside Beautification Assistance Agreement:
The Florida Department of Transportation has awarded the City $100,000 in FDOT Roadside Beautification Assistance Program funds to continue the landscaping of Hwy 77. These funds can be used for plants and irrigation. The City's responsibility is estimated at $55,700 which is included in the current budget. City Manager Lynch read Resolution 2005-12-393 by title only.
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 #15. Resolution 2005-12-394, supporting a Historical Resources Grants-In-Aid application for the Old McMullin Library:
The State of Florida, Division of Historical Resources is accepting applications for their Historical Resources Grants-In-Aid program. Staff is working on an application to be submitted for the rehabilitation of the Old McMullin Library. Estimated cost to repair this building is $31,800. This grant requires a 50% match ($15,900) to be budgeted during FY06/07. City Manager Lynch read Resolution 2005-12-394 by title only.
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
Item #16. Discussion and possible action approving the purchase of a phone and voice mail system for the Police Department:
Staff recommends approval to purchase a new Police Department phone and voice mail system from Ronco Communications in the amount of $24,989.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Commissioner Barnes wanted to know if Firestation #2 could be included in this system.
City Manager Lynch reported that he checked on this and it would be an additional $6,000 to include Firestation #2 and the money is available in the contingency fund. City Manager suggested a new bid be sent out for the inclusion of Firestation #2 in the phone and voice mail system.
Amended Motion by Commissioner Barnes: To approve the bid in the amount of $24,989 to Ronco Communications for a phone and voice mail system and to authorize the City Manager to send out a second bid to include Firestation #2 in this system.
Second to the motion: Commissioner Wittkopf.
Ms. Barbara Day commented on the Police Department being at the 108 E. 9th Street location. She wanted to know when this was approved.
Commissioner Schad stated that the City Manager runs the City and authorized the move.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #17. Discussion and possible action approving the purchase of a mobile SCBA fill station:
Staff recommends approval to purchase a mobile SCBA fill station from Breathing Air Systems in the amount of $64,390. $57,000 will be paid by grant funds with a 5% match required from the City.
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 #18. Discussion and possible action approving metal roof repairs for Fire Station #1:
Staff recommends approval to award of metal roof and door repairs for Fire Station #1 to West Coast Metal Roofing and Construction in the amount of $72,951.
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
Item #19. First reading of Ordinance 831, amending Chapter 18 of the Code of Ordinances, Elections:
City Manager Lynch read Ordinance 831 by title only. This was the first reading and no action was required.
Item #20. First reading of Ordinance 832, voluntary contraction of land along Goodlake Drive and East 26th Street:
City Manager Lynch read Ordinance 832 by title only. This was the first reading and no action was required.
Item #21. First reading of Ordinance 833, voluntary annexation, land east of Britton Road and south of State Road 390:
City Manager Lynch read Ordinance 833 by title only. This was the first reading and no action was required.
Item #22. First reading of Ordinance 834, Small Scale Plan Amendment SSA-05-6, Britton Road:
City Manager Lynch read Ordinance 834 by title only. This was the first reading and no action was required.
Item #23. First reading of Ordinance 835, Abandonment of right-of-way, Wisconsin Avenue & 6th Street:
City Manager Lynch read Ordinance 835 by title only. This was the first reading and no action was required.
Item #24. First reading of Ordinance 836, Large Scale Comp. Plan text amendments:
City Manager Lynch read Ordinance 836 by title only. This was the first reading and no action was required.
Item #25. Discussion and possible action regarding approval of Development Order and Certificate of Concurrency for a townhome development at County Road 389 north of Dundee Land and south of County Road 390:
The property owners have requested approval of the CO/DO for 38 townhomes to be located on CR389. Staff recommends approval of the CO/DO with the following conditions: the development is not greater than two stories, all outstanding permits and information is provided and a recorded access easement from the adjacent property owner is provided.
Motion by Commissioner Schad: To approve as staff has presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #26. Discussion and possible action regarding approval of Development Order and Certificate of Concurrency for an office complex at 26th Street and Jenks Avenue:
The property owner has requested the approval of the CO/DO for a 8,084 square foot office complex. Staff recommends approval of the CO/DO with the condition that all utilities on the property will be underground.
Motion by Commissioner Schad: To approve as staff has presented.
Second to the motion: Commissioner Hughes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #27. Public Commentary:
Ms. Sara Moffield commented on the development being proposed for Britton Road.
Mr. Tommy Hallman stated that he is concerned with the development being proposed for Britton Road.
Ms. Anna Vera Yingling suggested the Britton Road development be postponed until January. She suggested City Attorney Jackson address affordable housing.
Commissioner Wittkopf stated that she would also like the Attorney to address this issue.
Mr. Paul Shipnick commented on affordable housing.
Ms. Barbara Day commented on the City Engineer, the Hwy 389 development and crime.
Mr. Sammy Day commented on crime.
There was no further business to discuss and the meeting was adjourned at 5:31 p.m.
APPROVED THIS 27th DAY OF DECEMBER 2005.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
