CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
DECEMBER 12, 2006 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, December 12, 2006 at 4:00 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 gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor's Report:
Mayor Kelley thanked staff for a job well done throughout the year.
Item #4. Commissioner's Report:
Wittkopf: Commissioner Wittkopf stated that the tree lighting ceremony and Winter Wonderland was very nice. She thanked staff for their hard work during these events.
Barnes: Commissioner Barnes wished everyone a safe and happy holiday.
Schad: Commissioner Schad wished everyone a safe and happy holiday.
Hughes: Commissioner Hughes thanked staff for their hard work throughout the year. He stated that the decorations around the City are lovely.
Item #5. City Manager's Report:
A. Employee of the Month - October: Mr. Larry Plotkin, Investigations, Police Department, was presented the Employee of the Month award for October 2006 for his hard work and dedication to the City.
B. Employee of the Month - November: Mr. Sid Allen, Sanitation Dept., was presented the Employee of the Month award for November 2006 for his hard work and dedication to the City.
Motion by Commissioner Schad: To cancel the second meeting in December due to the holidays.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Motion by Commissioner Schad: To place the issue of 4 year terms on a referendum ballot to not be effective until the 2008 election.
Second to the motion: Commissioner Barnes.
Ms. Janet Walker commented on this issue.
Mr. Richard Walker commented on elections.
Mr. Sammy Day stated that 4 year terms were too long.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Hughes: aye
Kelley: aye Motion passed: 4-1
City Manager Lynch stated the Library is charging a non-resident fee in the amount of $10. This fee is charged for checking books out of the Library; research is free.
Motion by Commissioner Schad: To authorize staff to continue charging the $10 non-resident fee for the Library.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Hughes: no
Kelley: aye Motion passed: 3-2
Item #6. City Attorney's Report:
City Attorney Jackson reported that Mayor Kelley and Commissioner Barnes has had ethics complaint filed against them and both are seeking approval to allow the City Attorney to represent them in a personal capacity. City Attorney Jackson stated that there is no conflict of interest with his doing this.
Motion by Commissioner Barnes: To allow the City Attorney to represent Mayor Kelley as his personal attorney.
Second to the motion: Commissioner Hughes.
City Attorney Jackson stated that this motion allows him to represent the Mayor. Fees have not been discussed at this time.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Hughes: aye
Kelley: abstain Motion passed: 3-1
Motion by Commissioner Schad: To allow the City Attorney to represent Commissioner Barnes as his personal attorney.
Second to the motion: Commissioner Hughes.
On Vote:
Schad: aye
Barnes: abstain
Wittkopf: no
Hughes: aye
Kelley: aye Motion passed: 3-1
Item #7. PUBLIC HEARING OPENED:
4:35 p.m.
SSA-06-9, Clemmons, 2800 Hwy 77 north, from Recreation/Open Space and Low Density Residential to Commercial: This is a 1.8+/- acre parcel of land located at 2800 Hwy 77 North. The property designation is Recreation/Open Space and Low Density Residential and the owners are proposing to change the land use designation to Commercial.
After audience participation the Public Hearing was closed at 4:37 p.m.
CONSENT AGENDA:
Item #8. Minutes:
11/14/06 - Regular Meeting
Motion by Commissioner Schad: To approve the minutes 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 #9. Second and final reading of Ordinance 865, SSA-06-9, Clemmons, 2800 Hwy 77 north, from Recreation/Open Space and Low Density Residential to Commercial:
City Manager Lynch read Ordinance 865 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve Ordinance 865 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 #10. Discussion and possible action regarding appointment to Planning Commission:
Staff recommends approval to appoint a replacement member to the Planning Commission; Ms. Pat McCormick resigned November 14, 2006.
Motion by Commissioner Schad: To appoint Mr. Neil Jones to the Planning Commission.
Motion by Commissioner Wittkopf: To appoint Mr. Ben Faust to the Planning Commission.
The Commission Meeting was suspended at 4:40 p.m. to review the tape to see who made the first motion.
Commissioner Schad relinquished to Commissioner Wittkopf.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: no
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 4-1
NEW BUSINESS:
Item #11. First reading of Ordinance 866, Prohibiting glare onto adjacent properties:
Motion by Commissioner Schad: To table this issue.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #12. First reading of Ordinance 867, Providing for proportionate fair-share transportation mitigation:
City Manager Lynch read Ordinance 867 by title only. This was the first reading and no action was required.
Item #13. Discussion and possible action regarding submittal of a Gang Resistance Education and Training (G.R.E.A.T.) Program grant:
Staff is requesting approval to submit the application requesting $7,729 in federal funds. The fiscal impact will be in-kind services.
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 #14. Discussion and possible action regarding approval of the 2006 Assistance to Firefighter's Fire Prevention and Safety Grant for the purchase of a portable fire extinguisher training unit:
The grant is in the amount of $10,000 of which $9,500 would be funded with grant dollars and $500 being funded by the City as matching funds.
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 #15. Discussion and possible action regarding awarding the bid for the Hwy 389 directional bores to Marshall Brothers Industrial in the amount of $33,250:
Staff recommends approval to award bid to Marshall Brothers Industrial in the amount of $33,250.
Motion by Commissioner Barnes: 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 #16. Discussion and possible action regarding approval to submit Community Budget Issue Requests to the State:
Each year the Senate and House members solicit Community Budget Issue Requests to be considered for funding during the next fiscal year. Staff request support to submit the following projects:
17th Street Stormwater Improvements
Fire Department Emergency Water Supply
Fire Department (ladder/pumper truck)
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 #17. Resolution 2006-12-417, approving an interlocal agreement for public school facilities planning and concurrency:
Florida Statutes 163.31777 requires an interlocal be adopted by the School Board, Bay County and all Bay County cities and towns that establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated with regard to land use and public school facilities planning. With the adoption of Resolution 2006-12-417 the City will meet the requirements of Section 163.31777 Florida Statutes. City Manager Lynch read Resolution 2006-17-417 by title only.
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 #18. Resolution 2006-12-418, authorizing an agreement between the City and the State Emergency Management Preparedness and Assistance Program for the purpose of submittal of a grant to purchase an emergency generator for Police Station #2:
Staff recommends approval of submittal of a grant application to purchase an emergency generator for Police Station #2. It is estimated that the generator will cost $40,000. City Manager Lych read Resolution 2006-12-418 by title only.
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 #19. Resolution 2006-12-419, authorizing the Mayor to enter into a Roadside Beautification Assistance Agreement with F.D.O.T. for the landscaping of Hwy 77, Phase 4:
F.D.O.T. has awarded the City $150,000 in FDOT Roadside Beautification Assistance Program funds to continue landscaping Hwy 77. These funds can be used for plants and irrigation. It will be the responsibility of the City to pay for design and hardscape such as sidewalks and median curbing. These funds will accomplish landscaping in front of Hardees and north of Mosley Drive. The City's responsibility is estimated at $105,000 which would need to be budgeted in FY07/08. City Manager Lynch read Resolution 2006-12-419 by title only.
Motion by Commissioner Barnes: 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 #20. Public Commentary:
Mr. Dale Robitaille commented on the 22 acre annexation, four lanes on Hwy 390 to Airport Road and ditches in Northridge.
Ms. Janet Walker stated that the Senior Center is very busy. She stated that it has been brought to her attention that the majority of the folks that are using the Lynn Haven senior center are not from Lynn Haven. Ms. Walker stated that we, as Lynn Haven tax payers, are funding this facility for out of towners to use the facility.
Mayor Kelley stated that the senior center does not restrict people from using the center.
City Manager Lynch stated that the senior center is something the City is proud of.
Mayor Kelley stated that he has not received any negative comments regarding the center. Mayor Kelley stated that the center is beneficial to the community.
Ms. Walker stated that this is being done at Lynn Haven's expense.
There was no further business and the meeting was adjourned at 5:14 p.m.
APPROVED THIS 9th DAY OF JANUARY 2007.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
