CITY COMMISSION MEETING MINUTES
NOVEMBER 13, 2007 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, November 13,
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
Antonius G. Barnes, Commissioner
Joseph Ashbrook, Commissioner
Roger P. Schad, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Captain
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor's Report: Mayor Kelley reported he went on the
Civic Leader Tour from Tyndall Air Force Base last week to Key West and
Patrick Air Force Base. It was informative and educational.
Item #4. Commissioner's Report:
Commissioner Barnes wished everyone a safe and happy Thanksgiving.
Commissioner Wittkopf wished everyone a safe and happy Thanksgiving. She
reported that she participated in the Mosley High School parade and the
Veteran's Day parade.
Commissioner Ashbrook reported that he attended the Halloween festivities
in Sheffield Park and it was wonderful; he commended staff on their hard
work in making the carnival a success. Commissioner Ashbrook reported he
and Commissioner Wittkopf attended the groundbreaking for the airport and
believes it will benefit the area tremendously.
Commissioner Schad wished everyone a happy Thanksgiving.
Item #5. City Manager's Report: A. Employee of the Month - October 2007:
Ms. Misty Ford, Library, was awarded the Employee of the month award for October
2007 for her hard work and dedication to the City.
Item #6. City Attorney's Report: City Attorney Jackson reported that
the City is holding a letter of credit for Hawk's Landing; Mr. Jackson reported
that the requirements have been met and asked that the letter of credit be released.
Motion by Commissioner Schad: To accept release of the letter of credit as presented.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
CONSENT AGENDA:
Item #7. Minutes: 10/23/2007 - Regular Meeting
Motion by Commissioner Schad: To approve 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 #8. Resolution 2007-11-438, amending the adopted General Fund and CRA
Budgets and the approved Enterprise Fund Budgets for FY 2006-2007:
City Manager Lynch read Resolution 2007-11-438 by title only.
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 #9. Discussion and possible action approving the 2008 Gang Resistance
Education and Training Program grant: Staff recommends approval to
authorize submittal of a 2008 Gang Resistance Education and Training (
G.R.E.A.T.) Program grant to the U.S. Department of Justice. The grant
request if for $5,000 and there is no fiscal impact to the City.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Schad: aye
Kelley: aye
Motion passed: 5-0
Item #10. Discussion and possible action regarding approving the submittal
of a 2007-2008 Justice Assistance Grant for the purchase of surveillance and
finger printing equipment for the Police Department: Staff recommends
approval of submittal of a 2007-2008 Justice Assistance Grant to purchase
surveillance and finger printing equipment for the Police Department and
authorize the Mayor to sign all required applications and grant award
agreements. FDLE has allocated $7,279 to the Lynn Haven Police Department
and there is no fiscal impact to the City.
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 #11. Discussion and possible action regarding award of bid for the
landscaping of Hwy 77 - Phase 4:
Staff recommends approval to award
bid for the landscaping of Hwy 77 - Phase 4 to Bay Landscape and Palm Services,
LLC as the lowest responsible bidder with a bid of $89,000.
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Wittkopf: aye
Ashbrook: aye
Schad: aye
Barnes: aye
Kelley: aye
Motion passed: 5-0
Item #12. Discussion and possible action regarding approval of a Mutual Aid
Agreement between the City of Lynn Haven Fire Department and the Secretary
of the Air Force:
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Schad: aye
Kelley: aye
Motion passed: 5-0
Item #13. Discussion and possible action regarding approval of a Development
Order and Certificate of Concurrency for The Vineyards at North Bay:
Mr. James Cofer, owner, has requested the approval of the CO/DO to construct 74
townhome units on 3.975 acres located at the southwest corner of CR390 and
Hilltop Lane.
City Attorney Jackson stated that this is a quasi-judicial hearing of the City
of Lynn Haven. Any persons who will be providing evidence or testimony should
be sworn in at this time.
City Attorney Jackson asked the Commission if they have had ex-parte
communication regarding this item:
Mayor Kelley reported that he has spoke with the owner.
Commissioner Schad has had no communication.
Commissioner Ashbrook has had no communication.
Commissioner Barnes has had no communication.
Commissioner Wittkopf has had no communication.
Commissioner Wittkopf stated that she was concerned with the traffic that this development would generate.
Mr. Ron Thomason, representative of the owner, stated that requirements of the code have been made.
Commissioner Schad asked about sidewalks.
Motion by Commissioner Schad: To approve the CO/DO with sidewalks added on Hilltop Lane.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Ashbrook: aye
Kelley: aye
Motion passed: 4-1
Item #14. Discussion and possible action regarding approval of the Final Plat
for Azalea Place: CCS Land, LLC, owner, by and through Mr. Charles
Commander has requested the approval of a Final Plat for 58 lots on 20.1914
acres located north of Baldwin Road, east of Canal and west of Bradenton Avenue.
City Attorney Jackson stated that this is a quasi-judicial hearing of the City
of Lynn Haven. Any persons who will providing evidence or testimony should be
sworn in at this time.
City Attorney Jackson asked the Commission in they have had ex-parte communication regarding this item:
Mayor Kelley reported he has spoke with the owner.
Commissioner Schad has had no communication.
Commissioner Ashbrook has had no communication.
Commissioner Barnes has had no communication.
Commissioner Wittkopf has had no communication.
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 #15. Discussion and possible action regarding approval to execute the
state-funded subgrant agreement: The City applied to the Department
of Community Affairs for a $25,000 technical assistance grant for the purpose
of developing a transportation concurrency management system and updating the
Capital Improvement Element as it relates to transportation and the City's
proportionate fair share ordinance.
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 #16. Discussion and possible action regarding appointment to the
Planning Commission:
Staff recommends approval for the Commission to
accept the resignation of Ms. Sharon Churchwell and appoint a new member.
Motion by Commissioner Barnes: To accept Ms. Churchwell's resignation
and appoint Mr. Bill Fitzgerald to the Planning Commission as
her replacement.
Second to the motion: Commissioner Schad.
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
Well #6 and Water Plant #2, Phase I improvements: Staff recommends
approval to award bid in the amount of $543,189 to North Florida Construction to
perform Water Plant #2 Phase I improvements and to construct Well #6.
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. Discussion and possible action regarding Consent Order for Camryn's
Crossing: City Manager Lynch reported that this involves water
retention ponds in Camryn's Crossing; the Consent Order requires a $4,250
settlement and repairs to the system. The existing Consent Order, enclosed
in the packet, list the City Manager as the respondent; a request to FDEP for
a corrected Consent Order listing the City as the respondent and a signature
line for the Mayor to sign has been requested and should be forthcoming.
Motion by Commissioner Schad: To approve as presented with changes noted.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
Item #19. Discussion and possible action regarding resignation of General
Employees' Pension Board member:
Motion by Commissioner Schad: To table this item until the next commission meeting.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
Item #20. Discussion and possible action regarding renewal of agreement with Bay
County Builder Services: City Manager Lynch reported that Mr. George
Makita has left the City's employment, however, he will be employed part-time for
a while. Mr. John Wiley has applied for, but has not been issued, his building
licenses; Mr. Wiley should receive his license in December. Staff recommends
entering into an agreement with Bay County Builder Services until the above
issues are resolved.
Motion by Commissioner Schad: To approve the agreement with updated dates.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
Item #21. Resolution 2007-11-439, Non-ad valorem fire assessment fee:
City Manager Lynch stated that this was suggested as a placeholder with the Dept.
of Revenue and the Property Appraiser as an alternate revenue source pending the
referendum being proposed in January ‘08. City Manager Lynch read Resolution
2007-11-439 by title only.
City Attorney Jackson stated that a mail out is required if implemented.
Motion by Commissioner Schad: To approve Resolution 2007-11-439 as presented.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: no
Ashbrook: aye
Kelley: aye
Motion passed: 4-1
Item #22. Public Commentary: None.
There was no further business to discuss and the meeting was adjourned at 4:51 p.m.
APPROVED THIS____________________DAY OF__________________2007.
__________________________________
Walter T. Kelley, Mayor
ATTEST:
_________________________________
John B. Lynch, City Manager
Prepared by Laurie Baker
