CITY COMMISSION MEETING MINUTES OCTOBER 9, 2007 - 4:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, October 9, 2007 at 4:00 p.m. in the Commission Meeting Room at City Hall.

Present:

		Walter T. Kelley, Mayor
		Frances Wittkopf, Mayor Pro Tem/Commissioner
		Joseph Ashbrook, Commissioner
		Antonius G. Barnes, 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: No report.

Item #4. Commissioner's Report: No report.

Item #5. City Manager's Report:
A. Employee of the Month - Sept. 2007: Mr. Hal Walden, Sanitation Department, was awarded the Employee of the Month award for September 2007 for his hard work and dedication to the City.

B. Supervisor of the Quarter - July - September: Mr. Don Francis, Public Utilities, was awarded the Supervisor of the Quarter award for July - September 2007 for his hard work and dedication to the City.

The City's Halloween carnival is scheduled for October 31, 2007 beginning at 5:30 p.m. in Sheffield Park.

Item #6. City Attorney's Report: City Attorney Jackson reported that the non-advalorem fire services fee was discussed previously with the Commission; if this tax is to be considered by the Commission there is a deadline to meet of January 2008; it requires four notices before the public hearing a month from now. If the Commission is interested in pursuing this option it needs to be noticed at this time. City Attorney Jackson stated the process is a notice of the hearing, it doesn't obligate the Commission to actually make the assessment; once the notice is set forward it give the Property Appraiser and the Tax Collector notice and opportunity to start collecting the information needed to make the assessment.

The Commission can decide on the assessment between January 2008 and September 15, 2008. There is no obligation if the Commission decides not to pursue the assessment. City Manager Lynch stated that the City is looking for a contingency plan to offset the mandated tax cuts by the legislature.

Motion by Commissioner Schad: To proceed with advertising requirements.
Second to the motion: Commissioner Ashbrook.

Commissioner Wittkopf stated that she has spoke with several people who do not support this tax.
Commissioner Ashbrook stated that if we don't do it we loose our option to do it later.
Commissioner Barnes stated that the City has to do be ready.
On Vote:	
   		Schad:  aye
		Barnes:  aye
		Wittkopf:  no
		Ashbrook:  aye
		Kelley:  aye
		Motion passed: 4-1
CONSENT AGENDA: Item #7. Minutes: 9/25/2007 - 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
		Ashbrook:  aye
		Kelley:  aye
		Motion passed: 5-0
PUBLIC HEARING OPENED: 4:12 p.m.

Item #8. Vacation of Right-of-way, Zoe Properties, SW corner of Mosley Drive and CR 389: The right-of-way runs north and south through the property located at the southwest corner of Mosley Drive and CR 389. The applicant requests to abandon the right-of-way in order to construct a medical clinic on the property.

There was no audience participation and the Public Hearing was closed at 4:14 p.m.

OLD BUSINESS: Item #9. Second and final reading of Ordinance 887, Vacation of right-of-way, Zoe Properties: City Manager Lynch read Ordinance 887 by title only.

This was the second and final reading.

Motion by Commissioner Schad: To approve Ordinance 887 as presented.
Second to the motion: Commissioner Wittkopf.

On Vote:	
   		Schad:  aye
		Barnes:  aye
		Wittkopf:  aye
		Ashbrook:  aye
		Kelley:  aye			
		Motion passed: 5-0
NEW BUSINESS: Item #10. First reading of Ordinance 891, Annexation, Newmans Brothers Construction, LLC, A.P. Davis Drive: The property is approx. .21+/- acres and is located east of Delaware Avenue on A.P. Davis Drive. City Manager Lynch read Ordinance 891 by title only. This was the first reading and no action was required.

Item #11. First reading of Ordinance 892, SSA-07-7, Newmans Brothers Construction, LLC, A. P. Davis Drive, Bay County Residential to Low Density Residential: City Manager Lynch read Ordinance 892 by title only. This was the first reading and no action was required.

Item #12. First reading of Ordinance 893, SSA-07-04, Cosson, 1601 Tennessee Avenue, Mixed Use to Commercial, Lots 19 and 20 only: The property is approx. .29+/- acres located at 1601 Tennessee Avenue. The Cosson's amended their application to include just lots 19 & 20 after Ordinance 886 was denied on August 28, 2007. City Manager Lynch read Ordinance 893 by title only. This was the first reading and no action was required.

Item #13. First reading of Ordinance 894, SSA-07-6, Coram's Seafood, Inc., 2400 Block of Hwy 77, Mixed Use to Commercial: The property is approx. .94+/- acres and is located in the 2400 block of Hwy 77. City Manager Lynch read Ordinance 894 by title only. This was the first reading and no action was required.

Item #14. Discussion and possible action regarding approval of an amendment to the lawn maintenance contract: On September 14, 2005 the City entered into a contract with Harry Lawrence of Grass Cutter's Lawn Service for maintenance of various City owned properties. The property located at 812 Pennsylvania Avenue has been converted to a paved parking lot and the contract is being amended from $34,800 to $34,200 with an annual savings to the City of $600. Staff recommends approval.

Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Ashbrook.
On Vote:	
   		Schad:  aye
		Barnes:  aye
		Wittkopf:  aye
		Ashbrook:  aye
		Kelley:  aye
		Motion passed: 5-0
Item #15. Discussion and possible action regarding reappointment to the Beautification Board: Ms. Helen Lombardi's term on the Beautification Board will expire in October 2008. Ms. Lombardi has expressed that she would like to be reappointed for another term. If reappointed, October 2008, will fulfill her six (6) year minimum to serve. Staff recommends approval.

Motion by Commissioner Barnes: To accept the recommendation of staff as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:	
   		Barnes:  aye
		Wittkopf:  aye
		Ashbrook:  aye
		Schad:  aye
		Kelley:  aye
		Motion passed: 5-0
Item #16. Discussion and possible action regarding approval of Mosley Homecoming Parade: The parade route will proceed North on Hwy 77 from 11th Street to 5th Street then East on 5th Street to Pennsylvania Avenue then South on Pennsylvania Avenue to 5th Street where the parade will end in the Lynn Haven Baptist Church parking lot. Staff recommends approval.

Motion by Commissioner Barnes: To accept the recommendation of staff as presented.
Second to the motion: Commissioner Ashbrook.
On Vote:	
   		Barnes:  aye
		Wittkopf:  aye
		Ashbrook:  aye
		Schad:  aye	
		Kelley:  aye
		Motion passed: 5-0
Item #17. Discussion and possible action regarding award of bid for beneficial reuse to the Landings and Meadows subdivisions: Sealed bids were received on October 4, 2007 from eight (8) bidders. GAC Contractors was lowest bid at $288,078. Staff recommends approval to award the bid to GAC Contractors to install beneficial reuse to the Landings and Meadows Subdivision.

Motion by Commissioner Ashbrook: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:	
   		Ashbrook:  aye
		Schad:  aye
		Barnes:  aye
		Wittkopf:  aye
		Kelley:  aye
		Motion passed: 5-0
Item #18. Public Commentary: Mr. Tom Knoll, Country Club, wanted to know what is being done to the with the Odd Fellows building at 9th and Florida Avenue. It is in a state of disrepair. Mayor Kelley stated that contact is trying to be made with the owners. It is not clear who owns the building and where they are located but efforts are being made to find out.

There was no further business to discuss and the meeting adjourned at 4:21 p.m.

APPROVED THIS_______________DAY OF_________________2007.

___________________________________
Walter T. Kelley, Mayor
ATTEST:

____________________________________
John B. Lynch, City Manager

Prepared by Laurie Baker

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