CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
MAY 9, 2006 - 4:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, May 9, 2006 at 4:00 p.m. in the Commission Meeting Room at City Hall.

Present:

Antonius G. Barnes, Mayor Pro Tem/Commissioner
Jimmy H. Hughes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
Charlene V. Messer, Assistant City Manager/Clerk
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Chief of Police

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

Motion by Commissioner Schad: To excuse Mayor Kelley from the meeting.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #3. Mayor's Report:

Mayor Pro Tem Barnes reported that the Founder's Day celebration that was held this past weekend was great and staff did a wonderful job in putting this event together. Mr. Barnes stated that he wished that more people would have participated in the event.

A. Employee of the Month - April 2006: Ms. Beverly Gilchrist, Police Department, was presented the Employee of the Month award for April 2006 for her hard work and dedication to the City.

A Certificate of Excellence from the Fire & Arson Investigator's was presented to the Police Department for their outstanding performance and dedication. Asst. Chief Kiah accepted the certificate on behalf of the Police Department.

B. Proclamation - Neurofibromatosis Awareness Month: Asst. City Manager Messer read this proclamation in its entirety.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

C. Proclamation - Bicycle Month: Asst. City Manager Messer read this proclamation in its entirety.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #4. Commissioner's Report:

Wittkopf: Commissioner Wittkopf reported that she attended the pancake breakfast at the Fire Station on Founder's Day and it was a great event.

Hughes: Commissioner Hughes stated that Founder's Day was a great event. He further stated that the Ft. Rucker band was great.

Schad: Commissioner Schad stated that he attended the Fire Dept. Pancake Breakfast and it was very good. Mr. Schad stated that the Ft. Rucker Band will be playing at one of the Concerts in the Park this summer and encouraged everyone to come out and enjoy.

Item #5. City Manager's Report:

Asst. City Manager Messer reported that there will be a Joint Workshop between the City Commission and the Planning Commission from 9:00 a.m. - 12:30 p.m. on May 16, 2006. This meeting is open to the public.

Asst. City Manager Messer stated that the City did not receive any damage from a storm that came through the area last night.

Asst. City Manager Messer reported that she had received a citizen request to place a 4-way stop sign in the 1000 and 1100 blocks of Colorado Avenue. Ms. Messer provided the Commission with the past years police incident reports that showed 12 stops for speeding, 5 seatbelt violations and 1 improper display of tag. A traffic counter was done by Public Works - 2,687 vehicles passed through the intersection in a 48 hour period; 1,002 vehicles were between 25-30mph speed limit. Staff does not recommend change at this time. Staff suggests aggressive police enforcement.

Motion by Commissioner Wittkopf: To place a 4 way stop sign at 10th & Colorado Avenue.
Motion dies for lack of a second.

Motion by Commissioner Schad: To authorize the Police Department to monitor and enforce with zero tolerance on Colorado Avenue for 30 days and report back to the Commission.
Second to the motion: Commissioner Hughes.

Ms. Barbara Day commented on the 4-way stop signs.
Mr. Victor Locke stated that Colorado Avenue is a very busy street and does not believe police enforcement is the solution.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		no
Barnes:		aye		Motion passed: 3-1

Item #6. City Attorney's Report:

No report.

CONSENT AGENDA:

Item #7. Minutes:

4/25/06 - Special Meeting
425/06 - Regular Meeting

Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Wittkopf.

Mr. Sammy day stated that the minutes should reflect that the City Manager has been out sick.
The record shall reflect that the City Manager has been on an excused absent since April 11, 2006.
Ms. Barbara Day commented on the paving list.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

NEW BUSINESS:

Item #8. Approval of 2006 Byrne Grant projects:

Staff recommends approval for the Mayor to sign a letter agreeing to the 2006 Federal Fiscal Year Edward Byrne Memorial Justice Assistance Grant Projects recommended by the Bay County Public Safety Committee. Projects being proposed are: Technology Improvement Program - Panama City; Mobile Date Clients - Parker; Wireless Network System - Mexico Beach;

Preparing Children for Court IV - Lynn Haven; 800 MHZ System Radios - Springfield; Equipment for Officers - Cedar Grove.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #9. Approval to submit 2006 Federal Fiscal Year Edward Byrne Memorial Justice Assistance Grant:

Staff recommends approval of submittal of a 2006 Federal Fiscal Year Edward Byrne Memorial Justice Assistance Grant to assist the Gulf Coast Children's Advocacy Center and authorize the Mayor to sign all associated application and award documents.

Motion by Commissioner Wittkopf: To approve as submitted.
Second to the motion: Commissioner Schad.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #10. Discussion and possible action regarding approving a request by NW Florida Water Management District to install a fence in the conservation area at Kinsaul Park:

Staff recommends approval to construct a vinyl, two-rail ranch style fence to be paid for and installed by the Northwest Florida Water Management District to protect the plants in the conservation area.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Hughes.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #11. Discussion and possible action regarding approving an agreement with the Florida Dept. of Transportation for traffic signal compensation:

Staff recommends approval for the Mayor to sign agreement as Maintaining Agency for continued compensation of traffic signals within City limits. FDOT agrees to pay the City $13,397.50 for traffic signal compensation.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Hughes.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #12. Discussion and possible action regarding a request for a Right-of-Way Use Agreement at 1120 Connecticut Avenue:

Staff recommends to approve a request from Mr. & Mrs. Brown, 1120 Connecticut Avenue to use the 60' 12th Street right of way from their rear property line to the right of way on Connecticut Avenue.

Motion by Commissioner Wittkopf: To deny the request as submitted and task the City Manager to place on the paving list to be paved.
Second to the motion: Commissioner Schad.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #13. Discussion and possible action regarding change of meeting times during the Summer Concert Series:

Staff recommends approval to change the meeting times for June/July to 4:00 p.m.

Motion by Commissioner Schad: To approve the change as submitted.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Motion by Commissioner Schad: To approve change of meeting on June 27, 2006 to 5:00 p.m.
Second to the motion: Commissioner Hughes.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #14. Discussion and possible action regarding approval of Development Order and Certificate of Concurrency for Arby's:

Mr. Donnie Hendrix, owner, has requested the approval of the CO/DO for Arby's Restaurant. Arby's will be located east of Hwy 77 between Chambless Street & 24th Street.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #15. First reading of Ordinance 830, Zoning, James Maulden:

This property is approximately 38.346 acres and is located east of SR77, north of 24th Street, west of Minnesota Avenue and south of Chambless Street. Approximately 4.97 acres of the property is currently zoned Retail Commercial and approximately 33.376 acres is currently zoned Residential BBB. The owner is requesting that the zoning on the 33.376 acres be changed from Residential BBB to Semi-Business/Mixed Use District R/C1. Asst. City Manager Messer read Ordinance 830 by title only. This was the first reading and no action was required.

Item #16. Discussion and possible action regarding approving the Mayor's attendance and expenses at the Florida League of Mayor's Board of Directors Meeting on 6/23/06 in Orlando:

Motion by Commissioner Schad: To approve the Mayor attending the FLC Mayor's BOD Meeting as requested.
Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		aye
Hughes:		aye
Wittkopf:		aye
Barnes:		aye		Motion passed: 4-0

Item #17. Public Commentary:

Mr. Sammy Day thanked Commissioner Hughes for reviewing his tape.
Ms. Barbara Day stated that the record should reflect the absence of the City Manager. She also suggested that the Commission do their homework on Ord. 830 and not forget about wetlands and conservation.

There was no further business to discuss and the meeting was adjourned at 4:45 p.m.

APPROVED THIS 23rd DAY OF MAY 2006.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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