CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
FEBRUARY 28, 2006 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, February 28, 2006 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
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 has filed and
qualified to run as Mayor. He stated that he has enjoyed serving with
this Commission and the support given him by the community.
A. Certificates of Appreciation - USMC Junior ROTC - Mosley High
School provided Certificates of Appreciation to Lynn Haven staff members
who helped sweep the school parking lot to help them perform during their
annual inspection.
B. Proclamation - Clean-Up, Paint-Up, Fix-Up Month - March 2006 -
City Manager read this proclamation in its entirety.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Ms. Janet Walker commented on this proclamation.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #4. Commissioners's Report:
Barnes: No report.
Hughes: Commissioner Hughes stated that he was a victim, as well as
others, of vandalism, shooting out of vehicle windows, on February 11,
2006. Commissioner Hughes stated that he was impressed by the speedy
arrests made by the Lynn Haven Police Dept. in this incident.
Wittkopf: Commissioner Wittkopf stated that the Lynn Haven Garden Club
is going to have a clean-up day in March. Anyone wishing to help
please give her a call. Ms. Wittkopf reported that she attended the TPO
meeting. Ms. Wittkopf further reported that she is seeking re-election
and has qualified for Seat #1.
Barnes: Commissioner Barnes reported that the Lion's Club recognized,
on February 2, 2006, a Lynn Haven Police Officer, Fire Fighter and
Public Works employee. He stated that it was a fantastic event that is put
on by the Lion's Club each year. Mr. Barnes congratulated each
employee that received this award.
Item #6. City Attorney's Report:
City Attorney Jackson reported that a
decision was announced on the North Bay Annexation by the 1st District
Court of Appeal. The decision was a "decision without a written
opinion" - and does not set any kind of precedence whatsoever for future
annexations guidelines. City Attorney Jackson stated that he would discuss
legal options to the Commission in a executive confidential session if
they desired. The appeal options will run out on March 9, 2006.
City Manager Lynch reported that he had discussed this option with our
land use attorney and he is available to meet the first of the week
with the Commission.
Motion by Commissioner Schad: To authorize an executive session on
March 6, 2006 at 4:00 p.m. to discuss legal options regarding this
appeal.
Second to the motion: Commissioner Barnes.
Mr. Sammy Day commented on this request. He did not see the purpose to
pursue this issue.
Ms. Anna Vera Yingling stated that she agreed with Mr. Day. She stated that the Commission is not good stewards of the City's money.
Ms. Barbara Day commented on this issue.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Hughes: aye
Kelley: aye Motion passed: 4-1
Item #5. City Manager's Report:
City Manager Lynch reported that the
population has increased from 12,451 in April 2000 to 15,398 in 2005.
The City is 52nd in the State with our regard to % of population
increase.
City Manager Lynch reported that the BB gun perpetrators have been
apprehended and are being prosecuted.
City Manager Lynch reported that he will be out of town March 6-8,
2006. The Police Chief will report to the Commission and the Assistant
City Manager will be in charge.
City Manager Lynch reported that he attended the TPO meeting last week
and there was a proposal in the form of a resolution that proposed
entering into an interlocal agreement with regard to county controlled
transportation concurrency which essentially would undermine all local
authority controlling representation. The vote was 6-6 - if passed it
would grant the county veto authority over any all development within the
City or any of City. Because this issue did not pass the TPO will bring
back in a different form.
City Manager Lynch reported that the road resurfacing program has been
provided to the Commission.
Mayor Kelley stated that he was at the TPO meeting and the trolley
route on Pennsylvania Avenue was voted on and will remain there at this
time. If there are complaints by the residents that live on this route to
please contact the Police Department.
PUBLIC HEARING OPENED: 7:22 P.M.
Item #7. Small Scale Plan Amendment SSA-06-1 - Hwy 390/Carla Lane, 5
acre parcel, Recreation/Open Space to Medium Density Housing:
This is a
5 acre parcel of land located south of Hwy 390 on Carla Lane. The
property designation is Recreation/Open Space in the City and the Mr. &
Mrs. Ben Christmas, owners of the property, are proposing to change the
land use designation to Medium Density Housing. Staff recommends
approval of this small scale Comprehensive Plan Amendment.
After audience participation the public hearing was closed at 7:28 p.m.
Item #8. Small Scale Plan Amendment SSA-06-2 - East of Harrison Ave.
and North of Lakeridge Drive, 9.24 acre parcel, County Residential to
City Low Density Housing:
Tabled.
Motion by Commissioner Schad: To table this item.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
PUBLIC HEARING OPENED: 7:28 P.M.
Item #9. Zoning Change - 1701 Tennessee Avenue, .34 acres, Residential
BBB to Semi-Business R/C1:
This parcel is approximately .34 acres of a
.89 acre parcel and is located at 1701 Tennessee Avenue. The property
is currently zoned Residential BBB and the owner is requesting that
the zoning be changed to Semi-Business R/C1. Staff recommends approval
of the zoning change.
City Attorney Jackson stated that this is a quasi-judicial hearing
under Lynn Haven Code; if any of the Commission has had ex-parte
communications with the parties since the last meeting it should be disclosed at
this time.
Barnes: No communication.
Wittkopf: No communication.
Hughes: No communication.
Schad: No communication.
Kelley: No communication.
After audience participation the public hearing was closed at 7:31.
CONSENT AGENDA:
Item #10. Minutes:
2/14/2006 - Regular Meeting
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
OLD BUSINESS:
Item #11. Second and final reading of Ordinance 837, Amendment to Code
of Ordinances, Section 106-1, Definitions:
Staff requests an amendment
to Section 106-1 Definitions of the City's Code of Ordinances by adding
language that establishes a definition for a Mobile Home Park. The
definition states a Mobile Home Park is at least five (5) or more lots or
spaces offered for rent of lease for the placement of mobile homes and
in which the primary use of the park is residential. Staff recommends
approval of Ordinance 837. City Manager Lynch read Ordinance 837 by
title only. This was the second and final reading.
Motion by Commissioner Schad: To approve Ordinance 837 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. Second and final reading of Ordinance 838, Small Scale Plan
Amendment SSA-06-1, Ben Christmas, land use change from Recreation/Open
Space to Medium Density, 4529/4531 Carla Lane:
City Manager Lynch read
Ordinance 838 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve Ordinance 838 as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: no
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 4-1
Item #13. Second and final reading of Ordinance 839, Annexation, Tom
Ledman, east of Harrison Avenue and north of Lakeridge Drive:
Tabled.
Motion by Commissioner Barnes: To table this item.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #14. Second and final reading of Ordinance 840, Small Scale Plan
Amendment SSA-06-2, Tom Ledman, land use change from Bay County
residential to Low Density Housing, east of Harrison Avenue and north of
Lakeridge Drive:
Tabled.
Motion by Commissioner Barnes: To table this issue.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #15. Motion to table second and final reading of Ordinance 841,
Annexation, Advantage Development, south of 34th Street and west of Hwy
77, at owner's request:
Owner's request that this item be permanently deleted from the agenda.
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. Motion to table second and final reading of Ordinance 842,
Small Scale Plan Amendment SSA-06-3, Advantage Development land use
change from Bay County Commercial to Commercial, south of 34th Street and
west of Hwy 77, at owner's request:
Owner's request that this item be
permanently deleted from the agenda.
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 #17. Second and final reading of Ordinance 843, Rezoning from
Residential BBB to Semi-Business R/C1, Jeffery Tillman d/b/a Chase-Macy,
Inc.:
City Manager Lynch read Ordinance 843 by title only. This was the
second and final reading.
Motion by Commissioner Schad: To approve Ordinance 843 as presented.
Second and final reading: Commissioner Barnes.
Ms. Barbara Day commented on this annexation. She stated that Mr.
Tillman needs to understand that public records are public. She stated
that he cannot control her public speaking, however, he may be able to
control the Commission.
Commissioner Hughes stated that he resents the insinuation that Mr.
Tillman controls the Commission. He stated that he has never spoken to
the gentleman.
Ms. Anna Vera Yingling wanted to know about impervious surfaces for this annexation.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #18. Discussion and possible action regarding annual audit:
Mr.
Richard McKinney, Auditor, Carr, Riggs and Ingram, stated that the audit
of the financial statements ending September 30, 2005 was complete. He
stated that the internal controls found no comments, no
irregularities; compliance - with law, regulations, grants and contracts and found no
items that needed to be disclosed.
Commissioner Barnes asked that a copy be placed on the web page and in
the library.
Ms. Barbara Day commented on the audit.
Mr. Sammy Day stated that when an auditor does an audit he only audits
what you give him.
Mr. McKinney stated that he is licensed by the State of Florida and is
monitored; every three years and independent CPA firm comes in and
looks at our books and records. He stated that is monitored very closely
by the State. He further stated that his firm is also monitored by
Public Company Accounting Over Site Board.
Motion by Commissioner Schad: To approve the audit 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 #19. First reading of Ordinance 844, Elections:
City Manager
Lynch read Ordinance 844 by title only. This was the first reading and no
action was required.
Item #20. Discussion and possible action regarding Change Order for
roof repairs at Fire Station #1:
Staff recommends approval for West Coast
Metal Roofing & Construction's Change Order for Fire Station #1 in the
amount of $3,335.00.
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 #21. Discussion and possible action regarding appointment to
Board of Adjustments:
City Manager Lynch reported that there were no
applicants on file. The City is reviewing options to solicit for
applications for all boards.
Item #22. Public Commentary:
Ms. Janet Walker reported that she attended a grant workshop at Chipola
College last Wednesday; she stated that it was a very worthwhile
workshop that she, her husband and neighbors attended. She stated that she
brought back information for Commissioner Wittkopf because she is aware
of her interest in Rails to Trails. She wanted to know why the City
was servicing the Grants Mill subdivision.
City Manager Lynch stated that this subdivision is in our utility
district.
Mr. Sammy Day commented on the new Lynn Haven water tank. He suggested
the City paint it bright pink. Mr. Day suggested the City forget about
the 22 acres. Mr. Day commented on the trolley route.
Ms. Anna Vera Yingling commented on the notification of FEMA Flood
Mitigation funds. She stated that the Goodwill building is a warehouse and
should not have been permitted.
Ms. Barbara Day stated that the learned tonight that the City was in
debt over $30 million dollars.
Mr. Richard Walker stated that the "buck stops here". He commented on
the 22 acre annexation. Mr. Walker stated that he will be running for
Mayor of the City of Lynn Haven.
There was no further business to discuss and the meeting was adjourned
at 8:21 p.m.
APPROVED THIS 14th DAY OF MARCH 2006.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
