CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
SEPTEMBER 12, 2006 - 5:01 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, September 12, 2006 at 5:01 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 gave the Invocation. The Pledge of Allegiance followed.

Item #3. PUBLIC HEARING OPENED:

5:03 p.m.

City Manager Lynch reported that according to DR-489, provided by the Property Appraiser, the just value of all real and personal property in Lynn Haven is $1,533,377,488.00; exemptions in the City are $548,693,361.00; gross taxable value for operating purposes is $984,183,187.00; Ad-Valorem proceeds from prior year equaled $2,972,220.00; the City is at a roll-back situation with a rate of 3.2034; the Commission directed the City Manager to reduce the proposed aggregate millage rate from 4.0 to 3.9 - the Budget has been revised accordingly and at 3.9 mils the percentage of increase over the roll-back rate is 21.74% - applying the 3.9mils the gross taxable value, proposed ad-valorem proceeds, will be $3,838,314.00 - a difference over last year of $866,000.00.

A. Tentative Millage Rate for 2006 Tax Roll:

Ms. Barbara Day suggested the City reduce the millage to 3mils.

Mr. John Clansor suggested the City roll back the millage more than the proposed 3.9mils.

Mr. Bill Huggins suggested the City roll back the millage more than the proposed 3.9mils.

Mr. Sammy Day suggested the City roll back the millage to 3mils.

City Manager Lynch read Resolution 2006-09-404 by title only.

Motion by Commissioner Schad: To set the Tentative Millage at 3.9mils.

Motion failed for lack of a second.

Motion by Commissioner Wittkopf: To set the Tentative Millage at 3.5mils.

Motion failed for lack of a second.

Mayor Kelley passed the gavel to Mayor Pro Tem Barnes and made the following motion:

Motion by Mayor Kelley: To set the Tentative Millage at 3.25mils.

Second to the motion: Commissioner Wittkopf.

Mayor Kelley stated that the City will have to tighten their belts but he believes that it can be done with 3.25mils.

Commissioner Schad stated that with the increased costs of fuel and insurance he believes this may not be possible.

City Manager Lynch stated that the 3.25mils may result in a reduction of the employee force.

Commissioner Barnes stated the costs continue to increase each year and believes that a 3.25mil will not fund the City; he wanted to know which services would be cut and if employees would be laid off.

Commissioner Schad stated that many elected politicians are going to Tallahassee this next year to lobby to double the homestead exemption; Mr. Schad feels if the City takes this drastic step and sets the millage at 3.25mils the following year the City will either go in the hole or have to increase the millage rate.

Commissioner Barnes stated that he was concerned with the future when the rate may have to be raised substantially to cover expenses.

City Manager Lynch stated that the City has Five Year Capital Improvement Plans that have been proposed to be funded.

Commissioner Schad stated that the City needed to consider new growth. He stated that the City's millage rate is one of the lowest in the County.

Ms. Barbara Day suggested the City cut the 3% COLA and the 2% Merit Increase for employees.

On Vote:
Schad:		no
Barnes:		no
Wittkopf:		aye
Hughes:		aye
Kelley:		aye		Motion passed: 3-2

Mayor Pro Tem Barnes passed the gavel back to Mayor Kelley.

B. Proposed General Fund Budget for FY 2006/2007:

City Manager Lynch stated that the FY 2006/2007 budget was based on 3.9mils; Mr. Lynch recommended tabling this issue until a new budget reflecting the 3.25mils could be presented.

Motion by Commissioner Schad: To table the General Fund Budget FY 06/07.

Second to the motion: Commissioner Hughes.

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

Discussion was made regarding setting a special meeting to revisit the FY 2006/2007 Budget - City Manager Lynch stated that staff would need to do a new budget and check advertising guidelines. The Commission will be noticed for the date of the special meeting.

C. Proposed Enterprise Fund Budget for FY 2006/2007:

Motion by Commissioner Schad: To table this issue.

Second to the motion: Commissioner Wittkopf.

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

The PUBLIC HEARING was closed at 4:32 p.m.

Item #4. PUBLIC HEARING OPENED:

A. Proposed Community Redevelopment Agency Budget for FY 2006/2007:

City Manager Lynch stated that the proposed millage change affected the CRA Budget and recommended that this item be tabled until a new budget could be presented.

Motion by Commissioner Schad: To table this issue.

Second to the motion: Commissioner Hughes.

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

The Meeting was recessed for five minutes.

Mayor Kelley reopened the Public Hearing at 5:41 p.m.

City Attorney Jackson stated that he checked the Florida Statutes and verified the requirements for adopting the budget; the City will need to re-compute the millage and re-advertise the meeting.

The roll-back rate - 3.2034mil - the percentage of increase of the Tentative Millage Rate over the roll-back rate - 1.45% - to adopt a tentative amended budget - the Commission will have to cut, tentatively, $620,528 from the budget.

City Manager Lynch stated that the revised FY 2006/2007 budget would be $9,689,274.00 down from the $10,000,000.00 proposed with the 3.9mils.

Motion by Commissioner Hughes: To adopt a tentative budget for FY06/07 of $9,689,274.00.

Second to the motion: Commissioner Wittkopf.

On Vote:
Schad:		no
Barnes:		aye
Wittkopf:		aye
Hughes:		aye
Kelley:		aye		Motion passed: 4-1

City Manager Lynch stated that the Enterprise Funds are not subject to TRIM guidelines. Staff recommends leaving this item tabled until the next meeting.

Public Hearing closed at 5:48 p.m.

Item #5. Mayor's Report:

Mayor Kelley reported that he will be going to Orlando for a Florida League of Cities meeting September 14-16, 2006.

Item #6. Commissioner's Report:

Barnes: No report.
Wittkopf: No report.
Schad: No report.
Hughes: No report.

Item #7. City Manager's Report:

A. Employee of the Month - August 2006: Ms. Tracy Jones, Leisure Services, was presented the Employee of the Month - August 2006 award for her hard work and dedication to the City.

Item #8. City Attorney's Report:

No report.

CONSENT AGENDA:

Item #9. Minutes:

8/22/2006 - Regular Meeting

Motion by Commissioner Wittkopf: To approve as presented.

Second to the motion: Commissioner Schad.

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

Item #10. Award of bid for cemetery lawn maintenance to Grass Cutters Lawn & Landscaping of PC, Inc. in the amount of $17,400 annually:

Motion by Commissioner Schad: To approve as presented.

Second to the motion: Commissioner Hughes.

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

Item #11. Approval of the Mosley High School Homecoming Parade route:

Staff recommends approval of Hwy 77 as the MHS Homecoming Parade route on November 1, 2006 at 1:30 p.m.

Motion by Commissioner Barnes: To approve as presented.

Second to the motion: Commissioner Wittkopf.

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

NEW BUSINESS:

Item #12. Discussion and possible action regarding submittal of a Homeland Security Commercial Equipment Direct Assistance Program grant:

Staff recommends approval of submittal of a Homeland Security Commercial Equipment Direct Assistance Program grant for the purpose of obtaining five gas detection devices for the Fire Department.

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 #13. Discussion and possible action regarding disaster recovery services for debris removal:

Staff recommends approval to award pre-event debris removal contracts to be activated in the event of a disaster, in the following order: 1) Ashbritt, Inc. 2) Omni-Pinnacle and 3) Crowder-Gulf. Fiscal impact will be based on the severity of a natural disaster.

Motion by Commissioner Barnes: To approve as presented.

Second to the motion: Commissioner Wittkopf.

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

Item #14. Discussion and possible action regarding a request for the closure of the northern end of Colorado Avenue to vehicular traffic:

Commissioner Hughes stated that the Panama City Country Club Homeowner's Association requested that the northern end of Colorado Avenue be closed. There has been vandalism and the Association is trying to monitor traffic for security purposes. Commissioner Hughes stated that he sent letters to owners on Colorado Avenue and has received support from several people and one person advised him that he was opposed.

Mayor Kelley suggested that this issue be turned over to the Police Department. He stated that he can't support closing a public street.

Motion by Commissioner Hughes: To close the northern part of Colorado Avenue.

Motion failed for lack of a second.

Motion by Commissioner Hughes: To direct the City to study the traffic situation to determine what the best solution would be to make a safer environment for the people who live on that road.

Second to the motion: Commissioner Wittkopf.

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

Item #15. Discussion and possible action regarding approval of the Development Order and Certificate of Concurrency for the Koehnemann & Baber Professional Office - 3820 Hwy 390 between Florida Avenue and State Avenue:

The property owners wish to construct a 12,400 square foot office building on approx. 1.78 acres.

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 #16. Discussion and possible action regarding approval of the Development Order and Certificate of Concurrency for Northwest Florida Oncology and Hematology - West of Hwy 77, South of 26th Street:

The property owners wish to construct a 11, 047 square foot medical office and a 960 square foot pharmacy on approx. 1.79 acres.

Motion by Commissioner Schad: To approve as presented.

Second to the motion: Commissioner Hughes.

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

Item #17. Discussion and possible action regarding approval of the Development Order and Certificate of Concurrency for State Farm - Hwy 77 behind Hardee's:

The property owner wishes to construct a 10,000 square foot office complex to include an insurance office on approx. 1.17 acres.

Motion by Commissioner Schad: To approve as presented.

Second to the motion: Commissioner Wittkopf.

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

Item #18. Public Commentary:

Ms. Janet Walker questioned page 16 of the FY 06/07 proposed budget and whether the Commission pays FICA & Medicare on their salaries. Ms. Walker was concerned that the Commission receive a 1099 form and not a W2 at the end of the year.

City Attorney Jackson stated that the Commission is not considered employees.

Ms. Barbara Day thanked the Commission who voted on the millage roll back. Ms. Day suggested that everyone look at the budget and make cut backs. Ms. Day commented on the City Manager's salary and evaluations. Ms. Day was concerned that the City does not have a certified finance director.

There was no further business to discuss and the meeting was adjourned at 6:11 p.m.

APPROVED THIS 26th DAY OF SEPTEMBER, 2006.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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