CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
APRIL 25, 2006 - 7:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, April 25, 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
Charlene V. Messer, Asst. City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Chief of Police

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

Item #3. Mayor's Report:

A. Banner presentation: Mayor Kelley stated that the City is proud to recognize the Lynn Haven Youth All Stars Basketball Team - Wild Cats - State Champions - for a second straight championship.

AGENDA CHANGES: TABLE:

#8. Public Hearing - SSA-06-4 - Dunn Small Scale Amendment - 9.55 acres, Minn. Ave & 26th Street.

#13. Second and final reading of Ord. 851, Small Scale Plan Amendment, SSA-06-4, Neal Dunn, Minn. Ave/26th Street.

ADD: #17A. Scheduling of Appeals Board Hearing for 5/9/06 at 3p.m. (Board of Adjustments denial of a variance at 602 New York Avenue).

Mayor Kelley reported that he will be out of town May 2-9, 2006.

Motion by Commissioner Schad: To excuse Mayor Kelley from the May 9, 2006 Commission Meeting.

Second to the motion: Commissioner Barnes.

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

Item #4. Commissioner's Report:

Schad; No report.

Hughes: Commissioner Hughes stated that he had the privilege of serving as Chairman of the Canvassing Board and thanked those who helped during the process. Commissioner Hughes extended congratulations to all the candidates.

Wittkopf: Commissioner Wittkopf thanked the citizens for electing her to another term as commissioner. She stated that she will do her best to make Lynn Haven a continued success.

Barnes: Commissioner Barnes thanked everyone for the opportunity to serve another term.

Mayor Kelley thanked the citizens for electing him to another term. He stated that he will work hard to continue to make Lynn Haven a great place to live.

Item #5. City Manager's Report:

Assistant City Manager Messer stated that fuel costs are up and the City's purchasing policy allows for a $10,000 cap; fuel costs are averaging $12,000 every two weeks and staff requests permission to increase the purchase order cap to $15,000.

Motion by Commissioner Schad: To authorize the purchase order cap for fuel to be increased to $15,000 for ninety days.

Second to the motion: Wittkopf.

Mr. Sammy Day suggested the gas tax be reduced.

Ms. Barbara Day suggested the City keep a close eye on vehicle use.

Commissioner Barnes stated that Asst. City Manager Messer had already addressed and implemented a policy regarding use of City vehicles.

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

Asst. City Manager Messer stated that Mark Bowen, Bay County EMS, had written a letter requesting participation in a high resolution oblique imagery system; Ms. Messer reported that she had briefed each department head and no one felt that this would be a benefit to the City.

Motion by Commissioner Schad: To deny the request by the County as presented.

Second to the motion: Commissioner Barnes.

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

Item #6. City Attorney's Report:

City Attorney Jackson stated that he had spoke with the developer's of items #8 & #13 requesting that these items be withdrawn and brought back to the Planning Commission in June.

PUBLIC HEARING OPENED: 7:14 p.m.

Item #7. Remedial Comprehensive Plan Amendment:

Ordinance 850 was read by title only. A Stipulated Settlement Agreement was executed by the City of Lynn Haven and the Department of Community Affairs. This agreement required a Remedial Comprehensive Plan Amendment regarding Comprehensive Plan Amendment 05-1 adopted by Ordinances Nos. 824 and 836 on December 27, 2005.

After audience participation the Public Hearing was closed at 7:22 p.m.

Item #8. SSA-06-4 Dunn Small Scale Amendment - 9.55 acres, Minn. Avenue & 26th Street:

Motion by Commissioner Barnes: To pull this item from the agenda per the request of the developer.

Second to the motion: Commissioner Schad.

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

CONSENT AGENDA:

Item #9. Minutes:

4/11/06 - Regular Meeting 4/7 thru 4/24 - Canvassing Board Meetings

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

Second to the motion: Commissioner Wittkopf

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

Item #10. Approval of bid for 4th of July fireworks display:

Staff recommends approval of bid to Pyro Shows in the amount of $18,000.

Motion by Commissioner Schad: To approve as presented.

Second to the motion: Commissioner Wittkopf.

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

Item #11. Reappointment of Sally Stanley to the Leisure Board:

Ms. Stanley is eligible to renew her term effective May 2006. This renewal will not extend her term past the six year maximum. Staff recommends approval.

Motion by Commissioner Barnes: To approve the recommendation of staff.

Second to the motion: Commissioner Schad.

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

OLD BUSINESS:

Item #12. Second and final reading of Ordinance 850, Comprehensive Plan Amendment, 05-1:

Staff recommend approval of Ordinance 850. Asst. City Manager Messer read this ordinance 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:
Schad:		aye
Hughes:		aye                   
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 5-0

Item #13. Second and final reading of Ordinance 851, Small Scale Plan Amendment, SSA-06-4, Neal Dunn, Minn. Avenue/26th Street:

Motion by Commissioner Schad: To table this item per the request of the developer.

Second to the motion: Commissioner Hughes.

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

NEW BUSINESS:

Item #14. Appointment of Mayor Pro-Tem:

Motion by Commissioner Schad: To appoint Commissioner Barnes as the Mayor Pro-Tem.

Second to the motion: Commissioner Schad.

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

Item #15. Appointment of Treasurer:

Motion by Commissioner Barnes: To appoint Mayor Kelley as Treasurer.

Second to the motion: Commissioner Schad.

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

Item #16. Award of bid for 2006 asphalt paving improvements:

Staff recommends approval to award the 2006 Paving Improvements bid to C. W. Roberts for a lump sum of $815,294.80. Paving projects to be paved are Missouri Avenue, north and south of 17th Street, between Maine and New Hampshire Avenues, two parking lots in A.L. Kinsaul Park, the entry road in the Mount Hope Cemetery and the road in the Lynn Haven Community Cemetery. Additionally, 23,571 feet of existing paved roads are to be resurfaced, including Mowat School Road.

Motion by Commissioner Barnes: To approve as presented.

Second to the motion: Commissioner Wittkopf.

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

Item #17. Discussion and possible action regarding renewal of School Resource Officer Contracts with the Bay County School Board and Bay Haven Charter Academy:

Staff recommends approval to enter into a contract with the Bay County School Board and Bay Haven Charter Academy to provide School Resource Officer services to Mowat Middle School and Bay Haven Charter Academy in the amount of $36,900. The City currently provides School Resource Officer services to these two schools and renewal of the contract would allow the City to continue services for the 2006-2007 school year.

Motion by Commissioner Hughes: To renew the contracts for both schools in the amount of $36,900.

Second to the motion: Commissioner Schad.

City Attorney Jackson stated that he had reviewed the contract and recommends the following language change: "subject always to and without waiving the sovereign immunity damage limitations in Section 768,28, Florida Statutes."

Withdraw first and second to the motion and restate motions to include Attorney's recommendation.

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

Item #17A. Scheduling of Appeals Board Hearing for 5/9/06 at 3:00 p.m. (Board of Adjustments denial of a variance at 602 New York Avenue):

Motion by Commissioner Schad: To approve the meeting as presented.

Second to the motion: Commissioner Wittkopf.

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

Item #18. Public Commentary:

Mr. Sammy Day played an audio tape where City Manager Lynch commented on the City's debt..

Ms. Barbara Day commented on street paving and the City's engineer.

Ms. Janet Walker stated that while she and her husband were campaigning several citizens (50+) had provided them with issues/complaints that they would like to see addressed. She provided a copy to each Commissioner and stated that she would contact those citizens and suggest they contact the Commission regarding these issues.

Motion by Commissioner Hughes: To authorize the City Manager to analyze this list and bring back to the Commission.

Second to the motion: Commissioner Wittkopf.

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

There was no further business to discuss and the meeting was adjourned at 8:00 p.m.

APPROVED THIS 9th DAY OF MAY 2006.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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