CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
JULY 24, 2007 - 5:01 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, July 24, 2007 at 5:01 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Frances Wittkopf, Mayor Pro Tem/Commissioner
Joseph Ashbrook, Commissioner
Roger P. Schad, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor's Report:
Mayor Kelley reported that he had received a letter from Mr. Johnnie Rowe thanking Ms. Jill Snipes, Library, for her hard work and dedication to the City.
Mayor Kelley received a letter from Ms. Shirley Frazier thanking the City for their prompt attention to a code issue in her neighborhood.
Item #4. Commissioner's Report:
Motion by Commissioner Schad: To excuse Commissioner Barnes from the meeting tonight.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
Schad: No report.
Ashbrook: No report.
Commissioner Wittkopf reported that the Lynn Haven Raider 10 year old baseball team won 1st place in the County and 3rd place in the State World Series.
Item #5. City Manager's Report:
City Manager Lynch reported that the City has not paid the Trolley fee and neither has any other city. The money is in the budget, however it has not been paid.
Mayor Kelley reported that a letter will be sent from the TPO with his signature asking all municipalities to support the Trolley.
Item #6. City Attorney's Report:
No report.
PUBLIC HEARING OPENED: 5:07 P.M.
Item #7. Corridor Overlay Standards - Ordinance 881:
Staff is proposing to amend Section 2.02.05 and create Section 4.07.01 of the Unified Land Development Code. This ordinance is being presented to improve the views on Hwy 77 and improve the function of the corridor. City Manager Lynch read Ordinance 881 by title only.
Mr. Dale Robitaille commented on Ordinance 881 and what would be allowed.
There was no further discussion and the Public Hearing was closed at 5:11 P.M.
CONSENT AGENDA:
Item #8. Minutes - 7/11/2007 - Regular Meeting:
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
OLD BUSINESS:
Item #9. Third and final reading of Ordinance 881, Corridor Overlay Standards:
City Manager Lynch read Ordinance 881 by title only. This was the third and final reading.
Motion by Commissioner Schad: To approve Ordinance 881 as presented.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
NEW BUSINESS:
Item #10. Discussion and possible action regarding purchase of a Kubota tractor for Leisure Services in the amount of $20,600.47 from Gulf Coast Tractor & Equipment:
Purchase of this tractor is included in the current budget. This tractor is available under the Florida State Contract for lawn equipment. Staff is recommending approval of the purchase in the amount of $20,600.47 from Gulf Coast Tractor & Equipment.
Motion by Commissioner Wittkopf: To approve purchase as presented.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
Item #11. Discussion and possible action regarding approval of Polling Place Agreement for 11/6/07, 1/29/07, 8/26/08 and 11/4/08:
Staff recommends approval to allow the Supervisor of Elections office to use the property at 108 E. 9th Street as the polling location for elections on the dates listed above.
Motion by Commissioner Ashbrook: To approve the agreement as presented.
Second to the motion: Commissioner Schad.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
Item #12. Set proposed millage rate fro the purposes of submission of Certificate of Taxable Value to Property Appraiser's Office pursuant to TRIM Act:
City Manager Lynch stated that the current year taxable value of real property for operating purposes within the City is $1,56,320,490.00; new construction for the year was $35,852,276.00; prior year operating millage levy was 3.25mil; the Legislature is requiring everyone to rollback the previous year and take a percentage off of that which means our roll back rate this year was 2.9754 down from 3.25 and when you put the 95% figure imposed by the Legislature it brings our current proposed operating millage 2.8266. Staff recommends the 2.866 millage rate.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Ashbrook.
Mr. Dale Robitaille thanked the Commission for rolling back the millage.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
Item #13. First reading of Ordinance 882, ULDC Amendments:
Staff recommends amending the City's ULDC by amending Section 4.02.05(E), amending Section 4.03.05, creating Section 5.05.07(M), amending Section 8.02.03 and amending portions of Chapter 10.03.00. The proposed amendments change commercial exterior lighting standards, allow temporary portable Sunday school classrooms, identify the roles and responsibilities of the Planning Commission and amend the minor subdivision process as well as the procedures for review and decision making
City Manger Lynch read Ordinance 882 by title only. This was the first reading and no action was required.
Item #14. First reading of Ordinance 883, Amendment to the Gulf Power Franchise Agreement:
This ordinance allows for revising the amount of the franchise fee paid by the Gulf Power Company for the transmission and distribution of electricity in the City. City Manager Lynch read Ordinance 883 by title only. This was the first reading and no action was required.
Item #15. Discussion and possible action regarding Rinehart Minor Subdivision:
Bronze & Rielly Rinehart request that the City allow them to subdivide a 50x135 ft lot located at 1508 Pennsylvania Avenue and identified as Lot #4, Block 257, into two 25 ft lots, thereby creating a minor subdivision. The applicants are proposing so subdivide the property with the intent to construct a duplex with one unit on each lot. The applicants wish to sell each unit rather than lease them and this makes it necessary to create a minor subdivision. Staff recommends to not approve this request.
City Attorney Jackson stated that this is a quasi-judicial hearing and if any Commissioner has had ex-parte communication is should be disclosed at this time.
Schad: No communication.
Ashbrook: No communication.
Wittkopf: No communication.
Kelley: No communication.
City Attorney Jackson stated that anyone who intends to present any evidence should stand and raise their right hand to be sworn in; Marion Cook, City Planner and Mr. Bronze Rinehart were sworn in.
Ms. Marion Cook briefed the Commission on the applicants request.
Mr. Bronze Rinehart stated that he owns the property with his brother and their desire is to sell to first time buyers.
Commissioner Ashbrook asked if the property was suitable for single family housing.
Mr. Rinehart stated that it would not be economically feasible.
Motion by Commissioner Ashbrook: To deny the request as presented.
Second to the motion: Commissioner Wittkopf.
Mr. Dale Robitaille stated that the more you tear down the more problems you have.
Mr. Bronze Rinehart stated that it has been approved that he can build a duplex; the only difference is he has to rent it instead of selling it. He believes that a homeowner is a benefit to the City.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
Item #16. Public Commentary:
Mr. Dale Robitaille commented on the proposed "draft" budget for FY07/08. He commented on sewer availability in Northridge.
Motion by Commissioner Wittkopf: To allow Mr. Robitaille extra time to speak.
Second to the motion: Commissioner Schad.
On Vote:
Schad: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye Motion passed: 4-0
Mr. Sammy Day commented on the proposed budget.
Ms. Anna Vera Yingling stated that she would like sidewalks in her neighborhood. She would also like to have the ditch piped in front of her home.
There was no further business to discuss and the meeting was adjourned at 5:43 p.m.
APPROVED THIS 14th DAY OF AUGUST 2007.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
