CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
FEBRUARY 27, 2007 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, February 27, 2007 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 Police Chief
Mayor Kelley called the meeting to order and Commissioner Barnes gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor's Report:
A. Proclamation - 50th Anniversary of St. Andrew Bay Center - City Manager Lynch read this proclamation in its entirety. This event will take place on March 2, 2007 at 11:00 a.m. The public was encouraged to attend the anniversary.
Motion by Commissioner Schad: To approve the proclamation as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
B. Proclamation - Clean Up-Paint Up-Fix Up Month - March - City Manager Lynch read this proclamation in its entirety. Mayor Kelley reported that he will be attending a luncheon and presenting this proclamation on March 2, 2007 at 12:00 p.m.
Motion by Commissioner Schad: To approve the proclamation 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 #4. Commissioner's Report:
Commissioner Schad stated that he would like to see a plaque placed at one of the City's ballfields honoring the late Mr. Wayne Boyd. Mr. Boyd was an educator and coach that influenced many people.
Motion by Commissioner Schad: To authorize a plaque to be placed at one of the fields honoring Mr. Boyd.
Second to the motion: Commissioner Hughes.
Commissioner Hughes stated that he played Little League Baseball with Mr. Boyd and thought this was an appropriate action.
Mayor Kelley stated that he has known Mr. Boyd for many years and he was a good role model that will be missed.
Commissioner Wittkopf stated that Mr. Boyd was very good with kids.
Commissioner Barnes echoed the sentiments of the Commission and stated that Mr. Boyd was also a long time educator.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
City Manager Lynch stated that after discussions during the workshop he has tasked Leisure Services to work on this and coordinate the dedication with opening day of ball season. Details, when finalized, will be provided to the Commission.
Hughes: No report.
Commissioner Wittkopf reported that she attended the Lynn Haven Heritage Committee Meeting last Friday; thirty heritage markers were presented to the City and various citizens. Commissioner Wittkopf thanked Ms. Lynn Hindsman for her hard work on this project.
Barnes: No report.
Item#5. City Manager's Report:
City Manager Lynch reported that he will be out of town February 28 - March 4, 2007; Asst. City Manager Charlene Messer will be in charge during his absence and Police Chief David Messer will report to the Commission.
Item #6. City Attorney's Report:
City Attorney Jackson reported that the City has an election in April 2007; qualifying for office will end at 12:00 p.m. on March 2, 2007. Mr. Jackson reported that he has received a call from the Supervisor of Elections Office stating that an individual has contacted the office inquiring about being a write-in candidate for the upcoming City election - this issue has not come up before and City Attorney Jackson is asking for policy guidance in handling this issue. Florida State Statutes require that write-ins have to qualify - have to declare a particular seat - write-ins do not have to pay the qualifying fee and they do not have to get the 1% signatures that are normally required to qualify; there is some confusion in the FSS as to which is the primary election and which is the general election. City Attorney Jackson asked for clarification on 1) to allow write-ins to be on ballot and treat 1st election as a general election or 2) stay silent and do nothing and allow the Supervisor of Elections to handle as they see it should be handled. The City is the judge of its own elections and can make the rules as to how they want our elections to apply.
Commissioner Wittkopf wanted to know if other cities in Bay County are going through this.
Mr. Jackson stated that he does not know if this is being addressed in other cities and apologized for bringing it before the Commission at such a late date, however, he was notified yesterday that a write-in candidate was inquiring.
City Manager Lynch wanted to know the advantage of being a write-in candidate.
Commissioner Barnes stated that the only benefit he can see is the write-in would not pay a qualifying fee.
Motion by Commissioner Schad: To allow write-ins on the ballot; to declare the April election as the general election and those candidates have to qualify in accordance with the write-in procedures in the Florida Statutes. This applies to the upcoming election and all future elections until the Commission changes its policy
Second to the motion: Commissioner Hughes.
On Vote:
Schad: aye
Barnes: no
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 4-1
CONSENT AGENDA:
Item #7. Minutes:
2/13/2007 - Regular Meeting
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
OLD BUSINESS:
Item #8. Second and final reading of Ordinance 870, annexation, The St. Joe Company, East side of Harrison Avenue:
The property is approx. 35 feet (.53 acres) and is commonly known as the Harrison Avenue right of way and is located north of Lakeridge Drive. The property is contiguous to the City and water and sewer are available at the expense of the developer. City Manager Lynch read Ordinance 870 by title only. This was the second and final reading.
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
NEW BUSINESS:
Item #9. Discussion and possible action regarding approval of the Certificate of Occupancy for Baldwin Rowe Townhouses:
Motion by Commissioner Barnes: To approve the CO as presented.
Second to the motion: Commissioner Schad.
City Manager Lynch states this will allow BRT to issue CO's on the completed portion of the project. An irrevocable letter of credit, which is consistent with past projects within the City, is being provided to the City for the portion that is not completed.
Mr. Richard Walker, 1106 Michigan Avenue, wanted to know if they were under the new impact fees.
City Manager Lynch reported that they permitted under the old fees.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #10. Discussion and possible action regarding award of bid for 2007 asphalt paving improvements:
Staff recommends approval to award bid to GAC Contractors and allow staff to finalize overall costs consistent with budget constraints of $450,000. GAC's bid was in the amount of $586,367.28, however, City Manager Lynch stated that the City only has $450,000 - the City will not be able to exhaust the paving list. The City's FY07 repaving list has 24,194 feet of roads or roadway segments that were previously identified as in need of repair; 17,061 feet of roads and roadway segments were graded as in "serious need" of overlayment.
Mr. Sammy Day wanted to know if any of the roads to be paved were in Belaire. Mr. Day thinks that Belaire subdivision gets favoritism.
Ms. Janet Walker, 1106 Michigan Avenue, wanted to know what the reason was for "jumping around" the list and not following it as it is printed.
City Manager Lynch stated that each year the list is re-evaluated and changes are made depending on the deterioration of the roads which may lead to the being re-prioritized.
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 #11. First reading of Ordinance 839, annexation, Tom Ledman, East of Harrison Avenue and north of Lakeridge Drive:
This property is approx. 9.24 acres and is located east of Harrison Avenue and north of Lakeridge Drive. Mr. Ledman, the property owner, has requested voluntary annexation in the City of Lynn Haven. City Manager Lynch read Ordinance 839 by title only. This was the first reading and no action was required.
Item #12. First reading of Ordinance 840, Small Scale Plan Amendment, SSA-06-2, Tom Ledman, East of Harrison Avenue and north of Lakeridge Drive, County Residential to Low Density Housing:
City Manager Lynch read Ordinance 840 by title only. This was the first reading and no action was required.
Item #13. Public Commentary:
Dr. Frazier Bingham, Tallahassee, Florida, briefed the Commission on the Panama City Crayfish Management Plan. These crayfish have been found since 1938 in over 800 areas that are not considered natural areas. Dr. Bingham stated that saving the crayfish is overrated and action needs to be addressed before things get out of hand.
Ms. Charlotte Elsner, 218 Lakeridge Drive, commented on Ordinance 840. She was concerned with traffic.
Mr. Richard Walker, 1106 Michigan Avenue, commented on shadetree lawyers. He wanted to know who they were.
Mr. Sammy Day read a letter from Ms. Barbara Day regarding 4 year term limits.
Ms. Janet Walker, 1106 Michigan Avenue, commented on Ordinance 871, which had 1st reading at the last meeting. She wanted to know why it was not brought back at tonight's meeting.
Ms. Marion Cook, City Planner, stated that a 30 day notification is provided to St. Joe for comments. It will be brought back to the Commission at the next meeting.
There was no further business to discuss and the meeting was adjourned at 7:48 p.m.
APPROVED THIS 13th DAY OF MARCH 2007.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
