CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
JANUARY 9, 2007 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, January 9, 2007 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:
Abor Day Proclamation - this proclamation was read in its entirety by the City Manager. Abor Day will be acknowledge on January 19, 2007 at 10:00 a.m. at Kinsaul Park.
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
Mayor Kelley reported that the Library has received eight computers from the Gates Foundation for use in the Library.
Item #4. Commissioner's Report:
Commissioner Schad stated that the fountain in the pond at Sheffield park is very nice. The donation was from anonymous donations, however, he asked that the City Manager send a letter of thanks.
City Manager Lynch stated that he would send a letter of thanks and he believes that they are working to place another fountain on the other side of the pond.
Hughes: No report.
Commissioner Wittkopf also agreed that the fountain was very nice.
Barnes: No report.
Item #5. City Manager's Report:
A. Employee of the Month - December 2006: Firefighter Duong Nguyen was awarded the Employee of the Month - December 2006 award for his hard work and dedication to the City.
B. Supervisor of the Quarter - December 2006: Mr. Grady Moore, Leisure Services, was awarded the Supervisor of the Quarter award for his hard work and dedication to the City.
City Manager Lynch reported that at the last Commission Meeting a citizen had stated that action was needed regarding a ditch in front of a citizens home on Vermont Avenue; facts of the matter are as follows:
The property owner has owned his home since it was built in 1994.
In 1996 FDEP advised the property owner to pipe his driveway - cost $930 - request by property owner for the City to put the pipe in - which it did for $50 - total cost of pipe $950 not $98,000 as stated (this was a misstatement acknowledged by the complainant in an email today).
In 1998 stormwater pipes were retrofitted along Vermont Avenue and it was determined that the pipe in front of this home was too small - the pipe was replaced by the City at no cost to the property owner. The adjacent homeowner decided to pipe his ditch, at his own cost, pursuant to the City's policy on piping - the above mentioned property owner was notified and asked if he wanted to participate and he declined - a cost estimate of $2,500 was offered in writing to the property owner and an interest fee installment plan was offered.
Item #6. City Attorney's Report:
City Attorney Jackson stated that with the adoption of the ULDC Code Quasi-Judicial procedures have changed effective January 2007. Chapter 10.04 formalizes the procedure and still involves making sure that the due process rights of the applicant, the City and all affected parties are protected.
PUBLIC HEARING OPENED: 4:14 P.M.
Item # 7. Proportionate Fair-Share Transportation Mitigation:
Florida Statutes 163.3180(16) requires that the Code of Ordinances of the City of Lynn Haven be amended to include Proportionate Fair-Share Transportation Mitigation. This proposed ordinance will create a new section of the Unified Land Development Code (ULDC) which was recently adopted by the City.
Mr. Billy Tolson commented on the proportionate fair share transportation ordinance.
There was no further business to discuss and the Public Hearing was closed at 4:17 P.M.
CONSENT AGENDA:
Item #8. Minutes:
12/12/06 - Regular Meeting
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
OLD BUSINESS:
Item #9. Second and final reading of Ordinance 867, Providing for proportionate fair-share transportation mitigation:
City Manager Lynch read Ordinance 867 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve Ordinance 867 as presented.
Second to the motion: Commissioner Schad.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #10. First reading of Ordinance 868, placing a referendum on the ballot regarding 4 year terms of office:
City Manager Lynch read Ordinance 868 by title only. This was the first reading and no action was required.
Item #11. Resolution 2007-01-420, urging members of the Florida Legislature to support issues during the 2007 Legislative Session:
City Manager Lynch read this resolution in its entirety.
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 #12. Discussion and possible action regarding the purchase of a ground penetrating radar unit:
Staff recommends approval of the purchase of a ground penetrating radar unit from Ditch Witch in the amount of $23,660. The unit will be used for various subsurface imaging such as locating water and sewer lines.
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 #13. Discussion and possible action regarding approval of a Development Order and Certificate of Concurrency for Bonham Commercial:
The property owner wishes to construct a 6,000 square foot office building on approx. .60 acres located at the southwest corner of Ohio Avenue and 11th Street. The site is currently being used as a check cashing establishment. The proposed use is office which is an allowable use for this property. Utilities are available. This is a Quasi-Judicial hearing and City Attorney Jackson administered oaths to Marion Cook, Planner and Mr. Charles Bonham, Property Owner. No affected parties were present. Ex-parte communication by the Commission:
Schad: None
Hughes: None
Kelley: Discussed with Staff
Wittkopf: None
Barnes: None
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 #14. Discussion and possible action regarding approval of the recommendation for the Citizen of the Year:
Staff recommends approval to nominate Ms. Beth Coulliett for Citizen of the Year. She is being nominated for her unselfish and giving nature to the community.
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. Public Commentary:
Mr. Shaun Adams spoke to the Commission about his foundation - the Shaun Adams Foundation. The main goals of the foundation is to provide transportation for the developmentally challenged for education, for work and medical related affairs.
Mayor Kelley stated that he is going to personally contact organizations regarding Mr. Adams. He encouraged everyone to participate and help in any way they can.
Commissioner Schad suggested an article regarding Mr. Adam's foundation be included in the next City Newsletter.
Mr. Leon Miller wanted to know if money was available for piping the 17th Street ditch.
Mayor Kelley reported that the City is working with FDEP and others to try to secure funding for piping the 17th Street ditch.
Mr. Miller stated that 17th Street needed paving from Illinois Avenue to Hwy 77.
Ms. Anna Vera Yingling stated that she agrees with Mr. Miller.
There was no further business to discuss and the meeting was adjourned at 4:43 p.m.
APPROVED THIS_________________DAY OF____________________2007.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
