CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
AUGUST 22, 2006 - 7:00 P.M.
The City Commission held its regularly scheduled meeting on Tuesday, August 22, 2006 at 7:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Antonius G. Barnes, Mayor Pro Tem/Commissioner
Jimmy H. Hughes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, 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:
Mayor Kelley stated that the last couple of weeks he has read articles in the newspaper and emails insinuating that the Commission has annexed property without the property owners permission and this is not true. A property owner must request permission for annexation into the City. Mayor Kelley further stated that the Fuel Depot has always been in the City, however, a zoning change was done a few years ago. Mayor Kelley urged everyone to get the facts and dispel the rumors.
Item #4. Commissioner's Report:
Schad: No report.
Hughes: Commissioner Hughes announced that the West Florida Planning Council has opened an office on 14th Street in Panama City. He stated that he and Commissioner Barnes serve on the WFPC.
Wittkopf: Commissioner Wittkopf stated that she attended the FLC Conference in Jacksonville last week. She attended several meetings that were very informative and she brought back information to share. Ms. Wittkopf stated that one of her meetings suggested using the 3C's - don't criticize, condemn or complain.
Barnes: Commissioner Barnes reported that he has had several positive comments on the traffic signal at 17th Street & Hwy 77.
Item #5. City Manager's Report:
City Manager Lynch reported that Congressman Bense' office presented the City a FRDAP grant check in the amount of $112,000 for A.L. Kinsaul Park. City Manager Lynch stated that a lot of positive things were happening at Kinsaul Park and staff is to be commended for their efforts.
City Manager Lynch apologized to Commissioner Schad for not putting a couple of items on the agenda that he asked for last week. The following items are requested to be added to the agenda tonight:
Item #10A. Discussion and possible action regarding purchase of satellite phones.
Item #10B. Discussion and possible action regarding the elevated water tank.
Motion by Commissioner Barnes: To approve adding these items to the agenda.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Ms. Janet Walker commented on Southport and their concerns that the City of Lynn Haven is going to annex them. She suggested that the Commission attend their meetings and alleviate their fears.
Ms. Barbara Day commented on annexation into Southport. She stated that the County will be helping Southport with police, fire and other services.
City Manager Lynch asked Commission approval to proceed with the entry recommending Mayor Kelley - FLC Mayor of the Year.
Motion by Commissioner Schad: To approve to proceed with the entry.
Second to the motion: Commissioner Barnes.
Mayor Kelley abstained from voting.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye Motion passed: 4-0
Item #6. City Attorney's Report:
City Attorney Jackson updated the Commission regarding the School Interlocal Agreement - he stated that a couple years ago the cities, county and school board entered into a cooperative agreement where they would sit on the Planning Board and have a non-voting member and we would exchange information every six months or so on what was going on in the City.
The Legislature passed Senate Bill 360 that requires school boards and cities to work together on planning issues, growth, school siting issues; part of this requirement requires an interlocal agreement between the school and the cities. Staff has worked hard on this interlocal agreement and a draft has been provided to the school and the cities; many issues have come up and Mr. William Harrison, of the Firm, represents the School Board and Mr. Jackson stated that the Firm does not feel comfortable representing both sides and recommends the City hire and independent legal counsel to review and finalize this interlocal agreement.
Motion by Commissioner Wittkopf: To authorize the City Manager to hire a independent legal counsel to represent the City on the Interlocal and authorize City Attorney Jackson and City Planner Marion Cook to represent the City at further meetings regarding the Interlocal Agreement with cities and the school board.
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:
8/8/06 - Regular Meeting
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day commented on the minutes.
Ms. Janet Walker stated under Item #4, Commissioner's Report, that Mr. Walker, not herself, called Commissioner Schad regarding Mr. Schad's ability to call "point of order" and Ms. Walker further stated that the letter came from Mr. Walker, not herself. Ms. Walker stated that the only letter she sent was sent to the Commission in total and it was in regards to Mayor Kelley's personal problem that she did not believe was an issue to be discussed on City Hall property. She asked that the record reflect these changes.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
OLD BUSINESS:
Item #8. Second and final reading of Ordinance 855 voluntary annexation, Jimmy C. Woodson, Jr. - 1801 Hwy 77:
This parcel is approx. 1.19+/- acres and is contiguous to the City limits on the northern, southern and western boundaries. City Manager Lynch
read Ordinance 855 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:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #9. Second and final reading of Ordinance 856, providing standards for maximum occupancy of residential dwelling units:
City Manager Lynch read Ordinance 856 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve Ordinance 856 as presented.
Second to the motion: Commissioner Barnes.
The Commission stated that they had concerns with enforcement of this ordinance. Staff recommends a review of this ordinance and bring back to the Commission at a latter date.
Commissioner Schad withdrew his motion.
Commissioner Barnes withdrew his second to the motion.
Motion by Commissioner Hughes: To table this ordinance for review and bring back to the Commission.
Second to the motion: Commissioner Wittkopf.
Ms. Barbara Day commented on this ordinance.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #10. Discussion and possible action regarding accepting resignation letter from Rick Koehnemann from the Planning Commission and appointing a new member:
Motion by Commissioner Schad: To accept the resignation of Rick Koehnemann and appoint Mr. Chris Forehand to the Planning Commission.
Second to the motion: Commissioner Hughes.
Ms. Barbara Day commented on the appointment of Chris Forehand to the board. She stated that Mr. Forehand contributed to Mayor Kelley's campaign.
Ms. Anna Vera Yingling stated that Mr. Forehand is endorsed by Mr. Jim Slonina & Mayor Kelley. She suggested that the Commission pick someone else.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #10A. Discussion and possible action regarding purchase of satellite phones:
Commissioner Schad stated that he would like the City to purchase satellite phones to use during storms when cell phones won't work. City Manager Lynch stated that he had included satellite phones in the FY 06/07 budget for next year; five satellite phones are proposed ; cost to operate is $4,150.00 per year and $2,950.00 to purchase. Commissioner Schad stated that he would like to accelerate the purchase of satellite phones now to be prepared in case something happened during this storm season.
Motion by Commissioner Schad: To purchase satellite phones in the FY 05/06 budget year.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day commented on the purchase of satellite phones.
Mr. John Troup stated that he agrees with the purchase, however, he was concerned that everyone would be able to communicate.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #10B. Discussion and possible action regarding the elevated water tank:
Commissioner Schad stated that he was concerned with the old City water tank being able to withstand the elements of a storm. Commissioner Schad proposes to authorize the City Manager to have a structural engineer do an immediate study to see if the water tank can hold up under a hurricane.
Motion by Commissioner Schad: To authorize the City Manager to have a structural engineer to do an immediate study on the old City water tank to see if it can withstand a hurricane.
Second to the motion: Commissioner Barnes.
City Manager Lynch stated that he has budgeted $3,000 in the FY 06/07 budget year. Mr. Lynch stated that the water tank will be in use approx. eight months to one year.
Commissioner Schad stated that he would like the study to be done now.
Mr. Richard Walker stated that tornadoes be included in the study.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #11. Public Commentary:
Ms. Janet Walker stated that Commissioner Schad made numerous remarks about her and Mr. Walker and the combined total of three letters that they had sent to the Commission. Ms. Walker stated that because of Commissioner Schad's remarks she now understands
why a greater number of people do not attend the commission meetings.
Commissioner Schad stated that it was unfortunate that Mr. & Mrs. Walker were not at the last meeting. He stated that he received a call from Mr. Walker and he was very courteous in their discussion...he stated that Mr. Walker raised two points that Commissioner Schad stated that he would look into and address. Mr. Schad stated that he did not believe he was discourteous to either of the Walker's; his intent was to answer the questions.
Ms. Barbara Day commented on Commissioner Schad's comments. Ms. Day commented on the 950 acres and the cost to the City. Ms. Day commented on Mayor Kelley's campaign contributions.
Mr. Leon Miller stated that he was concerned with drainage on 17th Street. He wanted to know when the ditch would be piped and when 17th Street would be paved.
City Manager stated that the City is working the piping the 17th Street ditch, however, no paving is projected for 17th Street in the near future.
Mr. Miller suggested the City apply for a grant from the agricultural department to put a farmer's market at the Recreation Complex.
Mr. Miller was concerned with the amount of trash being put on the roadside. He suggested that the City assess the water bill of those individual and get things cleaned up.
Ms. Anna Vera Yingling wanted to know if the FY 06/07 budget included sidewalks in Lynn Haven. She suggested the City build sidewalks in old Lynn Haven.
Mr. George Hamm suggested the City cut the grass on 26th Street.
Mr. Claude Mixdorf suggested that landlords be held accountable for paying for trash left behind when a tenant moves out.
Mr. Sammy Day commented on the Fuel Depot. He stated that the City cannot tell the Federal Government what to do.
Mr. Richard Walker stated the Commission speaks as one. Mr. Walker commented on annexing and zoning of the Fuel Depot. Mr. Walker wanted to know if the plat of Lynn Haven included the Fuel Depot.
City Manager Lynch stated the original of plat of Lynn Haven includes the Fuel Depot. City Manager Lynch stated that the land use changed from industrial to public, semi-public; it was not a zoning change.
There was no further business to discuss and the meeting was adjourned at 8:20 p.m.
APPROVED THIS 12th DAY OF SEPTEMBER 2006.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
